BRITISH NOTIFICATION concerning the conditions accepted by the Austrian Government for the payment of the Debts of British and Austrian Nationals in accordance with the provisions of Section 3 and Annex thereto of Part X of the Treaty of Peace, signed at SaintGermain-en-Laye, September 10, 1919.-London, October 13, 1920.* Board of Trade, Great George Street, As a result of discussions which took place in London between the Board of Trade and the Austrian Minister of Finance, the attached memorandum was communicated to the Austrian Government by His Majesty's Representative at Vienna on the 27th August. In reply, a note dated the 2nd October has been received by His Majesty's Representative from the Austrian Secretary of State for Foreign Affairs, of which a translation is given below. (Translation.) "By a note dated the 27th August, 1920, His Britannic Majesty's Government made known the conditions subject to which Section 3 and the Annex thereto of Part X of the Treaty of Saint-Germain between the United Kingdom and the British Colonies and Protectorates, with the exception of Egypt, on the one hand and the Austrian Republic on the other, would be applied. 66 The Government of the Austrian Republic would accept those conditions with an expression of thanks, and declares it will take the necessary steps to ensure their observance and execution by the Austrian Republic and its citizens in so far as the United Kingdom and India and New Zealand, which have notified their adhesion within the time appointed, are concerned. The Austrian Government. however, takes this opportunity of expressing the hope that still further facilities will be granted to it and to its citizens as regards the settlement of private pre-war debts." Memorandum. His Britannic Majesty's Government having given notice. that they adopt Section 3 and the Annex thereto of Part X of the Treaty of Saint-Germain as between Austria on the one hand and the United Kingdom and the British Colonies and Protectorates, with the exception of Egypt, on the other "London Gazette," October 15, 1920. + Vol. CXII, page 428. Vol. CXII, page 430. hand, and being desirous of affording all opportunity to the Austrian Government for the full execution of their obligations thereunder, are prepared to agree that the said section and Annex shall be subject in their application to the provisions set out below. His Majesty's Government expect that the Austrian Government will agree to accept notice of the adoption of the said section and Annex as between Austria and any of the British Dominions or India if given at any time within a period of one month from the present date. (1.) Notwithstanding the provisions of Article 248 (a) of the Treaty of Saint-Germain, direct communication may be permitted with the consent of the two Clearing Offices between the interested parties with regard to the settlement of debts due by Austrian nationals to British nationals. Such settlements may be permitted with the sanction of the Clearing Offices in each case. The British Clearing Office will be prepared to consider applications made before the 31st March, 1921, for the release of property, rights and interests chargeable under paragraph 4 of the Annex to Article 249 of the Treaty, with a view to the settlement of debts by amicable arrangement, provided that the proportion of the assets so to be released to the amount of the debts removed by the arrangement from the operation of the Clearing Offices is not such as, in the opinion of the British Clearing Office, will have the effect of reducing the dividend payable from Austrian property subject to the charge to British creditors generally. (2.) The proceeds of liquidation of Austrian property, rights and interests and cash assets of Austrians, within the territories of the British Empire in respect of which notice has been given of the adoption of the Clearing Office system, will be credited to the Austrian Government in the account referred to in paragraph 11 of the Annex to Article 248. Similarly, the proceeds of liquidation of British property, rights and interests, and cash assets of British nationals, for which the Austrian Government is liable to account in accordance with the provisions of Section IV of Part X of the Treaty of Saint-Germain, shall be credited to the British Government in this account. Compensation awarded by the Mixed Arbitral Tribunal under paragraph (e) of Article 249 shall also be credited in the same account. (3.) His Majesty's Government expect that the Austrian Government will use its best endeavours to collect the debts due through the Clearing Offices from its nationals to British. nationals as promptly as possible. This requirement applies, in the case of debts originally payable in kronen, only to the original amount in kronen of such debts with interest thereon at the rate provided by Section III of Part X of the Treaty. His Britannic Majesty's Government will not require payment of the balances referred to in paragraph 1 of the Annex to Article 248 within the periods therein prescribed. In return the Austrian Clearing Office shall pay to the British Clearing Office not later than the 31st March and the 30th September in each year beginning with the year 1921 the sterling value of the amounts collected from Austrian nationals during the previous six months, the sum to be paid in each half-year being not less than 250,000l. sterling or the sterling equivalent of 140,000,000 kronen, whichever of the two is the greater. Each of the first eight minimum payments to be made may, however, be reduced to the extent of 100,000l. or the sterling equivalent of 56,000,000 kronen by the amounts previously paid in cash, direct by Austrian debtors to British creditors in accordance with arrangements sanctioned by the Clearing Offices, and provided out of funds which are not chargeable under the Treaty. Such payments shall continue until the balance against Austria in the account above referred to, with simple interest at 5 per cent., shall have been fully met. The payment to be made by the 31st March, 1921, shail include the sterling value at the current rate of exchange of the proceeds of liquidation and cash assets of British nationals referred to in Article 249 (h) (1) of the Treaty o Peace. (4.) His Majesty's Government propose that the detailed arrangements for the restitution of British property in Austria should form the subject of a further agreement to be arrived at at the earliest possible date. (5.) Subject to the right of the British authorities to refuse permission in any particular case and to the Laws for the time being in force, Austrian nationals will be permitted upon request notified to the appropriate British authority to bid at any sale by auction of their property in the United Kingdom. (6.) It is to be understood that none of the above provisions affect the liability of the Austrian Government under the Treaty of Peace in respect of the currency and rate of exchange at which moneys shall be credited through the Clearing Offices. BRITISH ORDER IN COUNCIL making provision for charging the Property in Egypt of Nationals of the former Austrian Empire with the Payment of Liabilities under the Treaty of Peace with Austria, signed at SaintGermain-en-Laye, September 1919.-London, October 13, 1920.* 10, At the Court at Buckingham Palace, the 13th day of WHEREAS at Saint-Germain-en-Laye, on the 10th day of September, 1919, a Treaty of Peace with Austria (hereinafter referred to as "the Treaty ") was signed on behalf of His Majesty; And whereas it was provided in the Treaty that the property of nationals of the former Austrian Empire within the territory or under the control of an Allied or Associated State might be constituted a pledge for enemy liabilities upon the conditions laid down in the Treaty; 44 And whereas by The Treaties of Peace (Austria and Bulgaria) Act, 1920," it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council, and do such things as appeared to him to be necessary for carrying out the Treaty, and for giving effect to any of the provisions thereof; And whereas by treaty, grant, usage, sufferance, or other lawful means, and by Decree of His Highness the Sultan of Egypt, His Majesty has power and jurisdiction in Egypt; And whereas there is now in Egypt certain property of nationals of the former Austrian Empire under the control of His Majesty, and it is expedient to make provision for charging such property with the payment of the liabilities. for which it may be constituted a pledge by the Treaty in the manner hereinafter provided : Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by The Foreign Jurisdiction Act, 1890," or otherwise in him vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: *"London Gazette," October 15, 1920. + Vol. CXII, page 317. + Page 69. 1. All property, rights and interests in Egypt belonging to nationals of the former Austrian Empire at the date when the Treaty comes into force (not being property, rights or interests acquired under any general licence issued by or on behalf of His Majesty) and the net proceeds of their sale, liquidation, or other dealings therewith, so far as such property, rights and interests or such net proceeds are vested in or otherwise under the control of the Custodian of enemy property or other British authority under the Trading with the Enemy Acts or the Trading with the Enemy Proclamations issued from time to time by the General Officer Commanding-in-Chief the British forces in Egypt, are hereby charged : (a.) First, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests, including companies and associations in which they are interested in territory of the former Austrian Empire, or debts owing to them by Austrian nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal or by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 249 of the Treaty, and with payment of claims growing out of acts committed by the former Austro-Hungarian Government or by any Austrian authorities since the 28th July, 1914, and before the 12th August, 1914. (b.) Secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests in the territories of Germany, Hungary, Bulgaria and Turkey in so far as those claims are not otherwise satisfied. Provided that any particular property, rights or interests so charged may at any time, if the High Commissioner thinks fit, be released from the charge so created. 2. In the application and enforcement of the charge created by this Order the claims of or debts owing to British nationals resident or carrying on business in Egypt shall enjoy priority over the claims of or debts owing to other British nationals. 3. All decisions of the Mixed Arbitral Tribunal constituted under Section VI of Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and conclusive, and binding on all Courts. 4. For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, whether sitting in Egypt or not, and compelling the production before the Tribunal of documents, the High Commissioner shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were an action in the |