expired or after his discharge, to have lost his nationality or to be under any allegiance to the United States or to France, as the case may be.

ARTICLE VI.

The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States, and by the President of the French Republic, and the ratifications shall be exchanged at Washington or at Paris as soon as possible. It shall come into operation on the daf on which the ratifications are exchanged and shall remain in fo until the expiration of sixty days after either of the contr ng parties shall have given notice of termination to the other. W upon any citizen of either country incorporated into the my service of the other under this Convention shall be as ss possible discharged therefrom.

S

ITNESS WHEREOF, the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals. DONE in duplicate at Washington, the 3rd day of September in the year of our Lord one thousand nine hundred and eighteen.

AGREEMENT MODIFYING THE PROVISIONS OF ARTICLE VII OF THE CONVENTION OF NAVIGATION AND COMMERCE OF JUNE 24, 1822.

Signed at Washington July 17, 1919; ratification advised by the Senate August 8, 1919; ratified by the President December 8, 1920; ratified by France August 31, 1919; ratifications exchanged at Washington January 10, 1921; proclaimed January 12, 1921.

(Treaty Series, No. 650; 41 Statutes at Large, 1723.)

ARTICLES.

| II.

I. Modifies and replaces Article VII | II. Ratification; effect. of treaty of 1822.

The Government of the United States of America and the Government of the French Republic, being desirous of modifying the provisions of Article VII of the Convention of Navigation and Commerce concluded between them on June 24, 1822, have authorized the undersigned, to wit:

The Honorable Frank L. Polk, Acting Secretary of State of the United States, and

His Excellency Mr. J. J. Jusserand, Grand Officer of the National Order of the Legion of Honor, Ambassador of France at Washington, To conclude the following Agreement:

ARTICLE I.

It is agreed between the High Contracting Parties that Article VII, of the Convention of Navigation and Commerce, concluded between the Government of the United States and the Government of

France on June 24, 1822,1 shall be modified and replaced by the following:

"The present temporary Convention shall be in force for two years from the first day of October next, and even after the expiration of that term, until the conclusion of a definitive treaty, or until one of the parties shall have declared its intention to renounce it; which declaration shall be made at least three months before hand. And in case the present arrangement should remain without such declaration of its discontinuance by either party, the extra duties specified in the 1st and 2d articles, shall, from the expiration of the said two years, be, on both sides, diminished by one-fourth of their whole amount, and, afterwards by one-fourth of the said amount from year to year, so long as neither party shall have declared the intention of renouncing it as above stated."

ARTICLE II.

The present Agreement shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by the President of the French Republic, and shall become effective upon the exchange of ratifications which shall take place at Washington as soon as possible.

Done in duplicate at Washington in the English and French languages this 17th day of July one thousand nine hundred and nine

teen.

For text see Vol. I, p. 522.

[SEAL.] FRANK L. POLK [SEAL.] JUSSERAND

GERMANY.

1921.

TREATY RESTORING FRIENDLY RELATIONS.

Signed at Berlin August 25, 1921; ratification advised by the Senate October 18, 1921; ratified by the President October 21, 1921; ratified by Germany November 2, 1921; ratifications exchanged at Berlin November 11, 1921; proclaimed November 14, 1921.

The United States of America and Germany:

Considering that the United States, acting in conjunction with its co-belligerents, entered into an Armistice with Germany on November 11, 1918, in order that a Treaty of Peace might be concluded;

Considering that the Treaty of Versailles was signed on June 28, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States;

Considering that the Congress of the United States passed a Joint Resolution, approved by the President July 2, 1921, which reads in part as follows:

"RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917, is hereby declared at an end.

SEC. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which weer acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal

For text see Appendix I at p. 3307.

allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise.

"SEC. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments. respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government, or its agents, or the Imperial and Royal Austro-Hungarian Government, or its agents, since July 31, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted to persons owing permanent allegiance to the United States of America most-favored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures, penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals. or the Imperial and Royal Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America."

Being desirous of restoring the friendly relations existing between the two Nations prior to the outbreak of war:

Have for that purpose appointed their plenipotentiaries:

THE PRESIDENT OF THE UNITED STATES OF AMERICA ELLIS LORING DRESEL, Commissioner of the United States of America to Germany,

and

THE PRESIDENT OF THE GERMAN EMPIRE

Dr. FRIEDRICH ROSEN, Minister for Foreign Affairs,

Who, having communicated their full powers, found to be in good and due form, have agreed as follows:

ARTICLE I.

Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States.

ARTICLE II.

With a view to defining more particularly the obligations of Germany under the foregoing Article with respect to certain provisions in the Treaty of Versailles, it is understood and agreed between the High Contracting Parties:

(1) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV, and XV.

The United States in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this paragraph will do so in a manner consistent with the rights accorded to Germany under such provisions.

(2) That the United States shall not be bound by the provisions of Part I of that Treaty, nor by any provisions of that Treaty including those mentioned in Paragraph (1) of this Article, which relate to the Covenant of the League of Nations, nor shall the United States be bound by any action taken by the League of Nations, or by the Council or by the Assembly thereof, unless the United States shall expressly give its assent to such action.

(3) That the United States assumes no obligations under or with respect to the provisions of Part II, Part III, Sections 2 to 8 inclusive of Part IV, and Part XIII of that Treaty.

(4) That, while the United States is privileged to participate in the Reparation Commission, according to the terms of Part VIII of that Treaty, and in any other Commission established under the Treaty or under any agreement supplemental thereto, the United States is not bound to participate in any such commission unless it shall elect to do so.

(5) That the periods of time to which reference is made in Article 440 of the Treaty of Versailles shall run, with respect to any act or election on the part of the United States, from the date of the coming into force of the present Treaty.

1 For text see Appendix I at p. 3329.