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 cobelligerents,
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 were 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 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.
Article III
The present Treaty shall be ratified in accordance with the constitutional
forms of the High Contracting Parties and shall take effect immediately
on the exchange of ratifications which shall take place as soon as possible
at Berlin.
In witness whereof, the respective plenipotentiaries have signed this
Treaty and have hereunto affixed their seals.
Done in duplicate in Berlin this twenty-fifth day of August 1921.
Ellis Loring Dresel
[Seal]
Rosen
[Seal]
Source: Treaties,
Conventions, International Acts, Protocols and Agreements Between the
United States of America and Other Powers. 1910-1923, Volume III. Government
Printing Office, Washington, 1923, pp. 2596.
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