PROTOCOL of Agreement between Germany and Poland for carrying out the Provisions of Article 268, Paragraph (b), of the Treaty of Peace, signed at Versailles, June 28, 1919, as between the two Countries.-Berlin, April 10, 1921.

(Translation.*)

THE undersigned Plenipotentiaries, namely:

For the German Government: Herr Behrendt, Permanent Under-Secretary for Foreign Affairs (Ministerialdirektor), and Herr Windel, Councillor (Legationsrat) in the Ministry of Foreign Affairs:

For the Polish Government : M. Czapla, Permanent Under-Secretary in the Ministry for the Annexed Territory formerly belonging to Prussia,

Having conferred at the Foreign Office at Berlin from the 4th to the 9th April, 1921, regarding the carrying out of the provisions of the Treaty of Peace of Versailles as between Germany and Poland, and having exchanged their full powers found in good and due form, have agreed in the name of their Governments as follows:

ART. I. As regards goods the import of which into Germany is prohibited, the German Government shall grant import licences for such goods as originate in and come from the parts of Poland belonging prior to the war to Germany, and which, in virtue of Article 268 (b) of the Treaty of Peace of Versailles, are "on import into German customs territory exempt from all customs duty."

Exceptions may be made only in the following cases:

(a.) On grounds of public health or for the protection of animals or useful plants against diseases or parasites, if the existence of such parasitic or other diseases has been clearly established by the competent Polish authorities.

(b.) In the case of goods which in Germany constitute a State monopoly, or are subject to dispositions similar to a State monopoly, or are placed under a central management.

As regards such goods, the Polish Government shall endeavour to arrange that producers and merchants of the territories ceded to Poland shall offer such goods as they may wish to sell in Germany to the German administration of monopolies or to the central managing boards. The German Government shall instruct the administration of monopolies or central managing boards concerned to accept such goods up to the amount fixed in the Polish free lists, provided that they are offered at reasonable prices. Should any German authority refuse such goods, it must state the reasons for this

League of Nations Treaty Series," No. 158. Signed in the German and Polish languages.

+ Vol. CXII, page 130.

refusal. Should differences of opinion arise regarding the justice of such a refusal, the case shall be examined by a representative of the competent authorities of the two Governments. Should such representatives fail to reach an agreement, the matter shall form the subject of an exchange of views between the two Governments.

II. Germany shall treat such goods as are imported into Germany under the provisions of Article 268 (b) of the Treaty of Peace of Versailles in accordance with the principles of the most-favoured-nation clause.

III. In order to prove that the goods in question originate in and come from the territory ceded to Poland, a certificate of origin shall be required, which shall be printed on coloured paper in conformity with the pattern shown in Annex I, and shall be issued by a Polish Chamber of Commerce or Board of Agriculture, and shall be countersigned by the Ministry for the annexed territory formerly belonging to Prussia (Ministry of Commerce and Industry) at Posen.

Certificates of origin shall not be transferable and shall be valid only for a period of three months from the date of issue at most until the close of the current rationing-year. They shall be issued in a single copy only. The Ministry for the annexed territory formerly belonging to Prussia (Department of Commerce and Industry) at Posen shall communicate to the Imperial Statistical Bureau at Berlin a monthly list of the certificates of origin issued during the preceding calendar month.

The Polish Government shall immediately communicate to the German Government the names of the Chambers of Commerce or Boards of Agriculture entrusted with the issue of certificates of origin as well as the serial letters which these Chambers or Boards shall add to the current numbers on the certificates of origin. Further, the Polish Government shall communicate to the German Government the names of the persons entrusted with the issue of the certificates of origin, together with copies of their signatures and the stamps of the various Chambers or Boards.

IV. The Polish Government shall distribute the quantities authorised by the free lists among the various Chambers of Commerce and Boards of Agriculture. These shall, as far as possible, issue certificates of origin only to firms which sent similar goods to Germany during the years 1911 to 1913.

V. The Polish Government shall impose penalties (in particular the refusal of any further certificates of origin) on all persons who make false declarations in order unlawfully to obtain certificates of origin or who transfer, unlawfully use or forge certificates of origin, as well as on all persons who make use of false or forged certificates of origin.

VI. Goods, of which the import into Germany is not prohibited, shall be admitted by the German Customs Authorities free of duty and without any special import licence on production of the certificates of origin provided for under Article III.

VII. If the import into Germany of the goods in question is prohibited, the Ministry for the annexed territory formerly belonging to Prussia (Department of Commerce and Industry) at Posen shall hand over the certificates of origin through the competent Polish Customs Officer to the German Customs Office at Schneidemühl, in exchange for a formal receipt. The latter Customs Office shall deal with the certificates of origin in accordance with the foregoing provisions concerning the granting of import licences (Article I) and shall take all necessary action in regard to them, free of cost, within forty-eight hours of their receipt through the Polish Customs Office, and shall hold them at the disposal of that office.

VIII. The German Commissioner for the issue of export and import licences shall inform the Ministry for the annexed territory formerly belonging to Prussia (Department of Commerce and Industry) at Posen which goods on the Polish free list are exempt from import duties, and which goods on this list constitute a State monopoly, or are subject to dispositions similar to a State monopoly, or are placed under a central management. Any changes with regard to these points must similarly be notified.

IX. It is agreed that the rationing year 1920 shall be considered by both Parties as having terminated, and that the rationing year 1921 shall be reckoned as from the 11th January, 1921, to the 10th January, 1922. In determining the class and quantity of goods which are to be admitted into Germany free of duty in the rationing year 1921, the list in Annex II shall be considered authoritative. This list has been drawn up in the course of the present negotiations in accordance with the Polish free list, which was communicated on the 14th January, 1921.

X. The provisions agreed upon in this Protocol (of which the German and Polish texts are both authentic) shall come into force immediately for the period up to the 10th January, 1922. The period of validity shall be prolonged until the 10th January, 1923, unless the Agreement is denounced by one of the two Governments before the 15th November, 1921. Done in duplicate. Berlin, April 10, 1921.

BEHRENDT.
WINDEL.

(L.S.)

(L.S.)

(L.S.)

CZAPLA.

ANNEX I.

Imports into Germany from Polish territory belonging to Germany before the war which, in accordance with Article 268 (b) of the Treaty of Peace of Versailles, are exempt from Customs duties.

(Lists of products which, in accordance with Article 268 (b) of the Treaty of Peace of Versailles, are granted exemption from Customs duties on importation into Germany.) (Not printed.)

PROVISIONAL

AGREEMENT between Germany and Russia extending the Spheres of Activity of their respective Delegations entrusted with the Care of Prisoners of War to the Protection of the Interests of their Nationals and the Furtherance of Economic Relations.--Berlin, May 6, 1921.

(Translation.*)

THE German Government. represented by:

1. Herr Gustav Behrendt, Permanent Under-Secretary for Foreign Affairs:

2. Baron Ago von Maltzan, Permanent Councillor in the Ministry for Foreign Affairs;

3. Herr Friedrich Gaus, D.J., Permanent Councillor in the Ministry for Foreign Affairs,

and the Russian Socialist Federal Soviet Republic, represented by:

Monsieur Aron Scheinmann,

animated by the desire to serve the cause of peace between Germany and Russia, and seeking in a spirit of mutual goodwill to promote the prosperity of both peoples, conclude the following provisional Agreement :

ART. I. The spheres of activity of the Delegations for the care of prisoners of war, which already exist in both countries, shall be extended so that the Delegations shall be entrusted with the protection of the interests of their own nationals. Commercial Missions shall be attached to the Delegations of both Parties for the furtherance of economic relations. Until the complete resumption of normal relations, the Delegations shall be known as the "German Mission in Russia" and the "Mission of the Russian

The

Socialist Federal Soviet Republic in Germany. Missions shall have their seats in Moscow and Berlin respectively.

The Mission of the R.S.F.S.R. in Germany shall be recognised as the only body representing the Russian State in Germany.

II. The official heads of the Missions shall enjoy the privileges and immunities granted to the heads of accredited missions. Until the conclusion of a further Agreement, seven members of the Missions shall further enjoy the privileges and immunities granted to members of accredited missions, unless they are nationals of the State in which they are resident.

With regard to persons who are employed by the Missions, and who are not nationals of the State in which they are resident, both Governments pledge themselves to take appropriate administrative measures in order that—

1. Domiciliary visits shall be carried out only after notification by the central authority for Foreign Affairs of the State where such persons are resident; and, provided there is no danger of delay, in the presence of an agent of this authority and an agent of the Mission.

2. The fact of apprehension or arrest shall at once be communicated to the central authority for Foreign Affairs of the State where the person is resident; this authority shall advise the head of the Mission of such apprehension or arrest within twenty-four hours at the latest.

3. These persons and members of their families shall be immune from compulsory labour of any kind imposed by the law of the land and from military and war burdens.

III. Each Government shall guarantee that the Mission of the other Contracting Party shall be provided with suitable official premises and that the head of the Mission and his staff shall be provided with suitable dwellings. The Government undertakes further to render every assistance in obtaining the material necessary for the work of the Mission.

IV. The German Mission in Russia are entitled to import, free from customs and other duties, the materials required for carrying on their work and also for the upkeep of their premises, together with foodstuffs and other necessaries for the use of the German staff, up to 40 kg. per person per month.

The necessary import licence shall be granted by the Russian Mission in the country from which the consignment is made on the production of a complete list of the articles which must be certified by the Foreign Office in Germany, and, in the case of other countries, by the German representatives resident there.