is essential that nothing in the agreement shall preclude the United States from recovering in due course from the other ex-enemy States in respect of American claims other than army costs. As you know, agreements have been negotiated with Austria and Hungary for settlement of claims, and the United States necessarily looks to these governments for reimbursement in due course. See Dept's L-195 21 with further reference to your [L-]312. GREW 462.00 R 296/842: Telegram The Acting Secretary of State to the Ambassador in France (Herrick) WASHINGTON, January 13, 1925—2 p. m. 33. L-198 for Herrick, Kellogg and Logan. Your L-309.22 (1) If there is nothing in the agreement constituting a modification of our treaty rights Department believes agreement can be given effect merely by Executive approval. But if agreement is drawn in same form as Finance Ministers' agreement of March 1922 we would not (repeat not) presumably be precluded by the terms of the agreement from seeking Senate approval, if necessary. If other signatories desire usual clause respecting ratification, wording of Wadsworth Agreement should be used. (2) Department has just received your L-312.28 See answer in Department's L-195.24 Limitation of maximum amount of our claims for damages to figure of 350 million dollars might well constitute a modification of our treaty rights. If limitation can not be eliminated, Department would probably find that agreement should be submitted to the Senate. (3) [Paraphrase.] The Department believes that it is preferable to have one agreement, not only for reasons you outline in your paragraph 3, but also because our particpation would be assured when major agreement in which the Allies are interested becomes effective. [End paraphrase.] Since, however, many of the subjects discussed do not directly concern the United States, you should on signing make the following declaration to be recorded in the agreement: "In signing the present agreement the representatives of the United States declare that the United States is not to be understood as assuming thereby any obligations for the United States nor as passing upon questions that do not concern American participation in the sums distributed pursuant to the agreement." The Department deems the foregoing preferable to the suggestion contained in your L-311 just received.26 (4) Department will be glad to have you all three sign. However, in view of Kellogg's January 13, 11 a. m., this question left to your discretion. GREW 462.00 R 296/850: Telegram The Ambassador in France (Herrick) to the Secretary of State PARIS, January 14, 1925-noon. 41. L-313 [from Herrick, Kellogg and Logan]. Reference Department's L-195 27 and our L-312.28 Following phrase eliminated from final text: "The latter in an amount not exceeding $350,000,000." Herrick, Kellogg, Logan. HERRICK 462.00 R 296/851: Telegram The Ambassador in France (Herrick) to the Secretary of State PARIS, January 14, 1925-noon. [Received January 14-10:40 a. m.] 42. L-314 [from Herrick, Kellogg and Logan]. Reference Department's L-198.20 Message received while we were signing. After talking very confidentially with one or two members, we fear to make a fight in the open conference because of the fear that others would begin to attach reservations with possible disastrous consequences. There is no commitment on our part as to obligations of other governments. Commitments between Allied Governments specifically state their being "between Allied Governments." Where we are concerned specific reference is made "United States of America." For foregoing reasons and as our position amply protected we have signed without reservation of any kind whatsoever. If you desire we can file a letter with Secretariat General as part of the minutes of conference making the foregoing points clear but we think it inadvisable to do so. Reference your paragraph 2, L-198, see our L-313.30 Herrick, Logan, Kellogg. 26 Not printed. "Ante, p. 142. 28 Ante, p. 140. "Ante, p. 143. 80 Supra. HERRICK 462.00 R 296/852: Telegram The Ambassador in France (Herrick) to the Secretary of State PARIS, January 14, 1925-noon. [Received January 14-10:48 a. m.] 43. L-315 [from Herrick, Kellogg and Logan]. Reference Department's L-196.1 Subparagraph 2 (b) our L-312 (see our L-312) 32 provides specifically "that the Agreement of May 25, 1923" (in other words specifically the Wadsworth Agreement) "does not apply to payments on account of reparation by any ex-enemy powers other than Germany". Will be seen by this that only waiver we have made is waiver under Wadsworth Agreement for claims such as example the Bulgarian moneys " and in no way affects the rights we have under our treaties with Austria, Hungary and Turkey. Herrick, Kellogg, Logan. HERRICK 462.00 R 296/910 Final Protocol of the Conference and Agreement Regarding the Distribution of the Dawes Annuities, Signed at Paris, January 14, 1925 3 34 FINAL PROTOCOL The representatives of the Governments of Belgium, France, Great Britain, the United States of America, Italy, Japan, Brazil, Greece, Poland, Portugal, Roumania, Serb-Croat-Slovene State, Czechoslovakia, assembled at Paris from the 7th to the 14th January 1925 with a view to settling as between their respective Governments questions which arise out of the distribution of the receipts already entered, or to be entered, in the accounts of the Reparation Commission, in particular after the 1st January 1923 to 1st September 1924, and also in the first years of the application of the Dawes Plan which formed the subject of the Agreements concluded in London on 31st August 1924, "Ante, p. 142. 32 Ante, p. 140. For previous correspondence concerning Bulgarian payments, see Foreign Relations, 1924, vol. I, pp. 152 ff. "In English and French; French text not printed. Corrections of errata, formally set forth in a protocol of Jan. 22, 1925 (not printed), are incorporated in the present definitive text. Have agreed on the provisions contained in the Agreement of today's date of which a copy is attached to the present Protocol. DONE AT PARIS, 14th January 1925. The Governments of Belgium, France, Great Britain, Italy, Japan, the United States of America, Brazil, Greece, Poland, Portugal, Roumania, the Serb-Croat-Slovene State and Czechoslovakia, respectively represented by the undersigned, have agreed as follows. AGREEMENT REGARDING THE DISTRIBUTION OF THE DAWES ANNUITIES SUMMARY CHAPTER I.-ALLOCATION OF DAWES ANNUITIES ART. 1. Costs of Commissions Share of the United States of America in the Dawes Annuities Restitutions ART. 3. ART. 4. ART. 5. ART. 6. Belgian Priority ABT. 7. ART. 8. ART. 9. ART. 10. ART. 11. Greek and Roumanian share of reparations Miscellaneous Claims Compensation due to the European Commission of the Danube CHAPTER II.-SETTLEMENT OF PAST ACCOUNTS Distribution Accounts: Provision as to Arbitration ART. 12. Ruhr Accounts CHAPTER III.-SPECIAL QUESTIONS ARISING OUT OF PREVIOUS AGREEMENTS ART. 13. Extension beyond January 1st, 1923 of the provisions of Article 2 of the Agreement of the 11th March 1922: Appropriation of Deliveries in Kind to the Costs of the Armies of Occupation ART. 14. Extension beyond January 1st, 1923 of the provisions of Article 6 of the Agreement of 11th March 1922: Retention by each Power of the Deliveries in Kind received by it CHAPTER III.-SPECIAL QUESTIONS ARISING OUT OF PREVIOUS AGREEMENTS-Con. ART. 15. Costs of Armies of Occupation from 1st May 1922 to 31st August 1924 ART. 16. Debits for vessels allotted or transferred to Belgium under Article 6 (4) of the Spa Protocol ART. 17. Debits for Shantung Mines and Railways CHAPTER IV.-INTEREST AND ARREARS ART. 18. ART. 19. ART. 20. ART. 21. Interest Account Account of Excesses and Arrears as at 1st September 1924 Costs of Armies of Occupation to 1st May 1921 CHAPTER V.-MISCELLANEOUS QUESTIONS ART. 22. ART. 23. ART. 24. ART. 25. ART. 26. ART. 27. Repayment of Czechoslovakia in respect of certain Deliveries in Kind Bulgarian Payments Properties ceded to the Free City of Danzig Recommendations with regard to the distribution of the payments throughout the year Interpretation and Arbitration Reservation as to the rights and obligations of Germany CHAPTER I-ALLOCATION OF THE DAWES ANNUITIES ARTICLE 1 COSTS OF THE COMMISSIONS A) The maximum normal charge on the Dawes Annuities of the Reparation Commission, including the organisations set up under the Dawes Plan, shall be: (to be taken partly in foreign currencies or in German currency as required). Of these sums not more than 3,700,000 gold marks a year shall be attributable to the organisations set up under the Dawes Plan. If necessary this sum may be increased in order to meet the costs of the arbitral bodies provided for by the Dawes Plan and the London Protocol. B) The maximum charge for the Interallied Rhineland High Commission (including deliveries under Articles 8-12 of the Rhineland Agreement) shall not exceed 10 million gold marks (to be taken in foreign currencies or in German currency as required) for the year from 1st September 1924, this sum being allocated between the French, British and Belgian High Commissariats in the proportion of 62:16:22, after providing for the other expenses of the Commission. The amount for any later year will be settled at a later date. C) The charge of the Military Commission of Control shall not exceed a maximum of 8 million gold marks (to be taken in German currency) in the year from 1st September 1924. The amount of any 126127-40-vol. II-15 |