TREATY between the German Empire and the Netherlands concerning Accident Insurance. Signed at Berlin,

August 27, 1907.*

--

[Ratifications exchanged, November 30, 1907.]

(Translation.)

His Majesty the German Emperor, King of Prussia, in the name of the German Empire, and Iler Majesty the Queen of the Netherlands, led by the desire to regulate the relations of the two countries to each other with regard to accident insurance, have agreed to make a Treaty for this purpose, and have nominated as their Plenipotentiaries:

His Majesty the German Emperor, King of Prussia: His Majesty's "Wirklicher Geheimer Rat," Secretary of State for Foreign Affairs, Herr Heinrich von Tschirschky und Bögendorff; and

Her Majesty the Queen of the Netherlands: Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the German Emperor, King of Prussia, Baron Wilhelm Alexander Friedrich Gevers ;

Who, after having mutually proved their full powers, have agreed to the following Articles :

ART. I. The occupations subject to accident insurance according to the laws of both Contracting Parties, which have their seat in the territory of one party and exercise their activity also in the territory of the other, are subject, with the exception of cases provided for in Articles II and III, exclusively to the accident insurance laws of the one party in regard to the activity exercised in the territory of that party.

In so far as, according to section 1, occupations which are carried out partly in the territory of one party are subject to the legislation of the other party, they are considered as occupations in the sense of this legislation. Further provisions for putting this Treaty into effect will be issued independently by each party, in so far as it is requisite for their accident insurance, on the German side by the Imperial Chancellor or the authorities to be named by him, and on the Dutch side by the competent authorities in each case. Such provisions shall be communicated by the two Governments to each other.

II. Transport undertakings which have their seat in one country and do business also in the other, are subject exclusively to the accident insurance laws of the country in which the firm has its seat, as regards the moving (travelling) part of the undertaking, without consideration of the extent of the work carried out in one or the other country. The personnel of the

"Reichsgesetzblatt," No. 50, 1907.

travelling part are still subject to that same insurance even so far as they are occupied in the parts of the undertaking which are in the other country.

III. In trades of all kinds, the accident insurance laws of the country in which the trade has its seat, apply exclusively, without detriment to the regulations of Article II, to all kinds of work in the other country for the first six months in which such work is carried on, with regard to those persons who, until their occupation in the other country, have been occupied in the part of the trade that is liable to the accident insurance of their own country. If the work in the other country is at a standstill for not longer than thirty days, the time of the standstill is included in this period of six months. If the standstill is for a longer time than thirty days, the period of six months is interrupted; after the conclusion of the interruption a new period of six months is begun. The time before this agreement comes into force is not taken into consideration for the application of these regulations.

IV. In the case of the application of the accident insurance laws of one country the prescriptions of these laws concerning the enforcement of claims for accident based on the laws of that country, apply in a corresponding way to such claims for indemnification as are based on the laws of the other country, in consequence of an accident in that country.

V. In carrying out accident insurance, the competent authorities must render each other mutual help, for the purpose of ascertaining facts.

When the authorities of one country consider it necessary that witnesses and experts in the other country should be examined on oath in an accident insurance case, a request to this effect made through diplomatic channels shall be complied with. The authorities who are appointed for the purpose by the Government of the other country, or who are competent even without such appointment, shall officially call the witnesses or experts, and if necessary shall use the same forcible measures as they would in a corresponding case in their own country.

VI. The prescriptions of one country according to which immunities from stamps and fees exist with regard to accident insurance, have corresponding application in a case of accomplishing in that country the accident insurance of the other.

VII. Employers may not be called on for higher contributions and premiums for accident insurance in one country because the firm has its seat in the other country.

VIII. The regulations of Articles IV to VII hold good for the occupations liable to the accident insurance of one of the two countries even when the conditions of Article I are absent.

IX. The provisions of this Treaty have corresponding application to those officials of the German Empire, of a German Confederate State, or of a German "Kommunalverband " (commune), who are occupied in work liable to accident insurance, for whom, however, instead of the German accident

insurance, a provision against accident exists in the sense of German law.

X. In so far as the application of the laws of accident insurance of one country depend on the calculation of the value of work done expressed in the coinage of the other country, an average rate of exchange is to be fixed on by each Government for the application of the laws of their country, and communicated to the other Government.

XI. This Treaty shall be ratified, and the ratifications exchanged as soon as possible. It shall come into force a month after the commencement of the month following the exchange of ratifications.

The Treaty can be denounced at any time by either party, and it ceases to have effect at the end of the year following the denunciation.

Liability for accidents happening before the agreement comes into force is still to be borne by the insurance office in which the part of the business affected was hitherto insured. In the same way, in case of the abolition of this agreement, liability for accidents happening during the period in which the agreement is in force is to be still borne by the same insurance office as before. In witness whereof the Plenipotentiaries have signed and sealed this Treaty in duplicate.

Done at Berlin, August 27, 1907.

(L.S.) VON TSCHIRSCHKY. (L.S.) GEVERS.

AGREEMENT ADDITIONAL to the Extradition Treaty between the German Empire and Norway concluded on January 19, 1878.*—Signed at Berlin, March 7, 1907.

[Ratifications exchanged at Berlin, May 25, 1907.]

(Translation.)

His Majesty the German Emperor, King of Prussia, in the name of the German Empire, and His Majesty the King of Norway have determined to alter and complete certain conditions of the Extradition Treaty concluded between the German Empire and the Kingdom of Sweden and Norway, in so far as it affects the relations between Germany and Norway, and with this end in view to conclude an additional Treaty. Their Majesties have nominated as their Plenipotentiaries :

His Majesty the German Emperor, King of Prussia: Herr Michelet von Frantzius, "Wirklicher Geheimer Rat," Director in the Foreign Office;

His Majesty the King of Norway: Herr Thor von Ditten,

* Vol. LXX, page 1147.

Envoy Extraordinary and Minister Plenipotentiary to His Majesty the German Emperor, King of Prussia;

Who, after communicating to each other their powers, which were found to be in due order, have agreed upon the following Articles :

ART. I. In Article I, section 1, of the Extradition Treaty concluded between the German Empire and the Kingdom of Sweden and Norway on the 19th January, 1878,* the words "in Sweden or Norway with a severer punishment than imprisonment' are replaced by the words "in Norway with imprisonment of more than three months."

In Article II of the Extradition Treaty of the 19th January, 1878, the words "Swedish or" and "Swede or," in Article III the words "Swede or," in Article IV, sections 1 and 2, the words "Sweden or" and "Swedish or are struck out, in Article VIII, section 2, the words "the Kingdom of Norway and Sweden" are replaced by the words "the Kingdom of Norway."

II. In Article VI, section 1, of the Extradition Treaty of the 19th January, 1878, the words "three months" are replaced by the words " one month."

III. The following sentence is added to Article IX of the Extradition Treaty of the 19th January, 1878:

"On a similar presumption and on the same conditions the person against whom proceedings are pending, shall in urgent cases be temporarily arrested at the direct request of the proper authorities."

IV. The following new Articles are added to the Extradition Treaty of the 19th January, 1878:

"Article XI a.-The conveyance of a person who is handed over to one of the Contracting Parties by a third Power through the territory of the other party, or the transmission of such a person on a ship of the other party will be granted on an application to be made through the diplomatic channel as long as the person in question does not belong to the party to whom the request for extradition is made, and on condition that the punishable action on account of which the extradition takes place also constitutes a claim to extradition between the Contracting Parties. A Memorandum drawn up according to the conditions of Article VIII must be attached to the application. Such transmission takes place under the escort of officials of the party to whom the request is made and at the expense of the party making the request.

"Article XIV a.-The Contracting Parties shall communicate to each other the legal sentences upon subjects of the other party on account of punishable actions of all kinds, with the exception of sentences passed in Germany for infractions of the law and sentences passed in Norway for crimes to be considered as 'forseelser (infractions of the law) which are not subject to more than three months' imprisonment. Such communication

* Vol. LXX, page 1147.

will take place by the transmission, through the diplomatic channels, of the sentence or of an entry briefly containing the decision."

V. The present Additional Agreement must be ratified.

It shall come into force ten days after the exchange of the ratification documents, which will take place as soon as possible, and shall have the same validity and duration as the Extradition Treaty of the 19th January, 1878.

In witness whereof both Plenipotentiaries have signed it and affixed their seals.

Done at Berlin, in duplicate, March 7, 1907.

(L.S.) MICHELET VON FRANTZIUS. (L.S.) v. DITTEN.

CONVENTION ADDITIONAL to the Treaty of Commerce between Germany and Servia of August 9 (21), 1892.Signed at Berlin, November 16 (29), 1904.*

*

[Ratifications exchanged at Berlin, February 22, 1906.]

(Traduction.)

Sa Majesté l'Empereur d'Allemagne, Roi de Prusse, au nom de l'Empire d'Allemagne, d'une part, et Sa Majesté le Roi de Serbie, d'autre part, désireux de soumettre à une revision le Traité de Commerce et de Douane du 9 (21) août, 1892,† entre l'Empire d'Allemagne et la Serbie, actuellement en vigueur, ont décidé de conclure un Traité additionnel au précédent, et ont nommé, à cet effet, pour Plénipotentiaires :

Sa Majesté l'Empereur d'Allemagne, Roi, de Prusse: son Excellence le Secrétaire d'État aux Affaires Étrangères, Baron de Richthofen ; et

Sa Majesté le Roi de Serbie: son Excellence Michael G. Militchevitch, Ambassadeur extraordinaire de Sa Majesté près de l'Empereur d'Allemagne ;

Qui, après s'être communiqué leurs pouvoirs, trouvés en bonne et due forme, sont convenus des dispositions ci-apres :ART. 1. Le Traité de Commerce et de Douane du 9 (21) août, 1892, est modifié comme suit:

I. Article IV.

Après l'alinéa 2 de l'article IV prendra place l'alinéa suivant :

"Les voyageurs de commerce munis d'une carte de légitima

*Signed in the German and Slav languages.

† Vol. LXXXVI, page 577.