Treaty of Saint-Germain-en-Laye/Part VIII
|←←Part VI. Penalties||Treaty of Saint-Germain-en-Laye
Part VIII. Reparation
|Part IX. Financial Clauses→→|
UKTS 11 (Cmd. 400);  ATS 3.
Official texts in English:  |
This version compiled from the version published by the Australasian Legal Information Institute.
- 1 Section I. General Provisions
- 1.1 Article 177
- 1.2 Article 178
- 1.3 Article 179
- 1.4 Article 180
- 1.5 Article 181
- 1.6 Article 182
- 1.7 Article 183
- 1.8 Article 184
- 1.9 Article 185
- 1.10 Article 186
- 1.11 Article 187
- 1.12 Article 188
- 1.13 Article 189
- 1.14 Article 190
- 1.15 Annex I [to Part VIII, Section I]
- 1.16 Annex II [to Part VIII, Section I]
- 1.17 Annex III [to Part VIII, Section I]
- 1.18 Annex IV [to Part VIII, Section I]
- 1.19 Annex V [to Part VIII, Section I]
- 1.20 Annex VI [to Part VIII, Section I]
- 2 Section II. Special Provisions
- 2.1 Article 191
- 2.2 Article 192
- 2.3 Article 193
- 2.4 Article 194
- 2.5 Article 195
- 2.6 Article 196
- 2.7 Annex I [to Part VIII, Section II]
- 2.8 Annex II [to Part VIII, Section II]
- 2.9 Annex III [to Part VIII, Section II]
- 2.10 Annex IV [to Part VIII, Section II]
Section I. General Provisions
The Allied and Associated Governments affirm and Austria accepts the responsibility of Austria and her Allies for causing the loss and damage to which the Allied and Associated Governments and their nationals have been subjected as a consequence of the war imposed upon them by the aggression of Austria-Hungary and her Allies.
The Allied and Associated Governments recognise that the resources of Austria are not adequate, after taking into account the permanent diminutions of such resources which will result from other provisions of the present Treaty, to make complete reparation for such loss and damage.
The Allied and Associated Governments however require, and Austria undertakes, that she will make compensation as hereinafter determined for damage done to the civilian population of the Allied and Associated Powers and to their property during the period of the belligerency of each as an Allied and Associated Power against Austria, by the said aggression by land, by sea and from the air, and in general damage as defined in Annex I hereto.
The amount of such damage for which compensation is to be made by Austria shall be determined by an Inter-Allied Commission to be called the Reparation Commission and constituted in the form and with the powers set forth hereunder and in Annexes II-V inclusive hereto. The Commission is the same as that provided for under Article 233 of the Treaty with Germany, subject to any modifications resulting from the present Treaty. The Commission shall constitute a Section to consider the special questions raised by the application of the present Treaty; this Section shall have consultative power only, except in cases in which the Commission shall delegate to it such powers as may be deemed convenient.
The Reparation Commission shall consider the claims and give to the Austrian Government a just opportunity to be heard.
The Commission shall concurrently draw up a schedule of payments prescribing the time and manner for securing and discharging by Austria, within thirty years dating from 1 May 1921, that part of the debt which shall have been assigned to her after the Commission has decided whether Germany is in a position to pay the balance of the total amount of claims presented against Germany and her allies and approved by the Commission. If, however, within the period mentioned, Austria fails to discharge her obligations, any balance remaining unpaid may, within the discretion of the Commission, be postponed for settlement in subsequent years or may be handled otherwise in such manner as the Allied and Associated Governments acting in accordance with the procedure laid down in this Part of the present Treaty shall determine.
The Reparation Commission shall, after 1 May 1921, from time to time consider the resources and capacity of Austria, and, after giving her representatives a just opportunity to be heard, shall have discretion to extend the date and to modify the form of payments such as are to be provided for in accordance with Article 179, but not to cancel any part except with the specific authority of the several Governments represented on the Commission.
Austria shall pay in the course of the years 1919, 1920, and the first four months of 1921, in such instalments and in such manner (whether in gold, commodities, ships, securities or otherwise) as the Reparation Commission may lay down, a reasonable sum which shall be determined by the Commission. Out of this sum the expenses of the armies of occupation subsequent to the Armistice of 3 November 1918 shall first be met, and such supplies of food and raw materials as may be judged by the Governments of the Principal Allied and Associated Powers essential to enable Austria to meet her obligations for reparation may also, with the approval of the said Governments, be paid for out of the above sum. The balance shall be reckoned towards the liquidation of the amount due for reparation. Austria shall further deposit bonds as prescribed in paragraph 12(c) of Annex II hereto.
Austria further agrees to the direct application of her economic resources to reparation as specified in Annexes III, IV and V relating respectively to merchant shipping, to physical restoration and to raw material; provided always that the value of the property transferred and any services rendered by her under these Annexes, assessed in the manner therein prescribed, shall be credited to her towards the liquidation of her obligations under the above Articles.
The successive instalments, including the above sum, paid over by Austria in satisfaction of the above claims will be divided by the Allied and Associated Governments in proportions which have been determined upon by them in advance on a basis of general equity and the rights of each.
For the purposes of this division the value of the credits referred to Article 189 and in Annexes III, IV and V shall be reckoned in the same manner as cash payments made in the same year.
In addition to the payments mentioned above, Austria shall effect, in accordance with the procedure laid down by the Reparation Commission, restitution in cash of cash taken away, seized or sequestrated, and also restitution of animals, objects of every nature and securities taken away, seized or sequestrated in the cases in which it proves possible to identify them on territory belonging to, or during the execution of the present Treaty in the possession of, Austria or her allies.
The Austrian Government undertakes to make forthwith the restitution contemplated in Article 184 above and to make the payments and deliveries contemplated in Articles 179, 180, 181 and 182 above.
The Austrian Government recognises the Commission provided for by Article 179 as the same may be constituted by the Allied and Associated Governments in accordance with Annex II, and agrees irrevocably to the possession and exercise by such Commission of the power and authority given to it under the present Treaty.
The Austrian Government will supply to the Commission all the information which the Commission may require relative to the financial situation and operations and to the property, productive capacity and stocks, and current production of raw materials and manufactured articles of Austria and her nationals, and further any information relative to the military operations of the war of 1914-19 which, in the judgment of the Commission, may be necessary.
The Austrian Government shall accord to the members of the Commission and its authorised agents the same rights and immunities as are enjoyed in Austria by duly accredited diplomatic agents of friendly Powers.
Austria further agrees to provide for the salaries and the expenses of the Commission and of such staff as it may employ.
Austria undertakes to pass, issue and maintain in force any legislation, orders and decrees that may be necessary to give complete effect to these provisions.
The provisions in this Part of the present Treaty shall not affect in any respect the provisions of Sections III and IV of Part X (Economic Clauses) of the present Treaty.
The following shall be reckoned as credits to Austria in respect of her reparation obligations:
(a) any final balance in favour of Austria under Sections III and IV of Part X (Economic Clauses) of the present Treaty;
(b) amounts due to Austria in respect of transfers provided for in Part IX (Financial Clauses) and in Part XII (Ports, Waterways and Railways);
(c) all amounts which, in the judgment of the Reparation Commission, should be credited to Austria on account of any other transfers under the present Treaty of property, rights, concessions or other interests.
In no case, however, shall credit be given for property restored in accordance with Article 184.
The transfer of the Austrian submarine cables, in the absence of any special provision in the present Treaty, is regulated by Annex VI hereto.
Annex I [to Part VIII, Section I]
Compensation may be claimed from Austria in accordance with Article 178 above in respect of the total damage under the following categories:
1. Damage to injured persons and to surviving dependants by personal injury to or death of civilians caused by acts of war, including bombardment or other attacks on land, on sea or from the air, and of the direct consequences thereof and of all operations of war by the two groups of belligerents wherever arising.
2. Damage caused by Austria or her allies to civilian victims of acts of cruelty, violence or maltreatment (including injuries to life or health as a consequence of imprisonment, deportation, internment or evacuation, of exposure at sea, or of being forced to labour) wherever arising, and to the surviving dependents of such victims.
3. Damage caused by Austria or her allies in their own territory or in occupied or invaded territory to civilian victims of all acts injurious to health or capacity to work or to honour, as well as to the surviving dependents of such victims.
4. Damage caused by any kind of maltreatment of prisoners of war.
5. As damage caused to the peoples of the Allied and Associated Powers, all pensions or compensations in the way of pensions to naval and military victims of war, including members of the air force, whether mutilated, wounded, sick or invalided, and to the dependents of such victims, the amount due to the Allied and Associated Governments being calculated for each of them as being the capitalised cost of such pensions and compensations at the date of the coming into force of the present Treaty on the basis of the scales in force in France on 1 May 1919.
6. The cost of assistance by the Governments of the Allied and Associated Powers to prisoners of war, to their families and dependents.
7. Allowances by the Governments of the Allied and Associated Powers to the families and dependents of mobilised persons or persons serving with the forces, the amount due to them for each calendar year in which hostilities occurred being calculated for each Government on the basis of the average scale for such payments in force in France during that year.
8. Damage caused to civilians by being forced by Austria or her allies to labour without just remuneration.
9. Damage in respect of all property, wherever situated, belonging to any of the Allied or Associated States or their nationals, with the exception of naval or military works or materials, which has been carried off, seized, injured or destroyed by the acts of Austria or her allies on land, on sea, or from the air, or damage directly in consequence of hostilities or of any operations of war.
10. Damage in the form of levies, fines and other similar exactions imposed by Austria or her allies upon the civilian population.
Annex II [to Part VIII, Section I]
1. The Commission referred to in Article 179 shall be called the "Reparation Commission" and is hereafter referred to as "the Commission".
2. The delegates to this Commission shall be appointed by the United States of America, Great Britain, France, Italy, Japan, Belgium, Greece, Poland, Roumania, the Serb-Croat-Slovene State and Czecho-Slovakia. The United States of America, Great Britain, France, Italy, Japan and Belgium shall each appoint a delegate. The other five Powers shall appoint a delegate to represent them all under the conditions indicated in the third subparagraph of paragraph 3 hereafter. At the time when each delegate is appointed there shall also be appointed an assistant delegate, who will take his place in case of illness or necessary absence, but at other times will only have the right to be present at the proceedings without taking any part therein.
On no occasion shall delegates of more than five of the above Powers have the right to take part in the proceedings of the Commission and to record their votes. The delegates of the United States, Great Britain, France and Italy shall have this right on all occasions. The delegate of Belgium shall have this right on all occasions other than those referred to below. The delegate of Japan will have this right when questions relating to damage at sea are under consideration. The delegate representing the five remaining Powers mentioned above shall have this right when questions relating to Austria, Hungary or Bulgaria are under consideration.
Each of the Governments represented on the Commission shall have the right to withdraw after giving twelve months' notice to the Commission and confirming it six months after the date of the original notification.
3. Such of the Allied and Associated Powers as may be interested shall have the right to name a delegate to be present and act as assessor only while their respective claims and interests are under examination or discussion, but without the right to vote.
The Section to be established by the Commission under Article 179 shall include representatives of the following Powers: the United States of America, Great Britain, France, Italy, Greece, Poland, Roumania, the Serb-Croat-Slovene State and Czecho-Slovakia. This composition of the Section shall in no way prejudge the admissibility of any claims. In voting, the representatives of the United States of America, Great Britain, France and Italy shall each have two votes.
The representatives of the five remaining Powers mentioned above shall appoint a delegate to represent them all, who shall sit on the Reparation Commission in the circumstances described in paragraph 2 of the present Annex. This delegate, who shall be appointed for one year, shall be chosen successively from the nationals of each of the said five Powers.
4. In the case of death, resignation or recall of any delegate, assistant delegate or assessor, a successor to him shall be nominated as soon as possible.
5. The Commission shall have its principal permanent bureau in Paris, and shall hold its first meeting in Paris as soon as practicable after the coming into force of the present Treaty, and thereafter will meet in such place or places and at such time as may be deemed convenient and as may be necessary for the most expeditious discharge of its duties.
6. At its first meeting the Commission shall elect from among the delegates referred to above a Chairman and a Vice-Chairman, who shall hold office for a year and shall be eligible for re-election. If a vacancy in the chairmanship or vice-chairmanship should occur during the annual period, the Commission shall proceed to a new election for the remainder of the said period.
7. The Commission is authorised to appoint all necessary officers, agents and employees who may be required for the execution of its functions, and to fix their remuneration; to constitute Sections or Committees, whose members need not necessarily be members of the Commission, and to take all executive steps necessary for the purpose of discharging its duties; and to delegate authority and discretion to officers, agents, Sections and Committees.
8. All the proceedings of the Commission shall be private unless on particular occasions the Commission shall otherwise determine for special reasons.
9. The Commission shall be required, if the Austrian Government so desire, to hear within a period which it will fix from time to time evidence and arguments on the part of Austria on any questions connected with her capacity to pay.
10. The Commission shall consider the claims and give to the Austrian Government a just opportunity to be heard, but not to take any part whatever in the decisions of the Commission. The Commission shall afford a similar opportunity to the allies of Austria when it shall consider that their interests are in question.
11. The Commission shall not be bound by any particular code or rules of law or by any particular rule of evidence or of procedure, but shall be guided by justice, equity and good faith. Its decisions must follow the same principles and rules in all cases where they are applicable. It will establish rules relating to methods of proof of claims. It may act on any trustworthy modes of computation.
12. The Commission shall have all the powers conferred upon it, and shall exercise all the functions assigned to it, by the present Treaty.
The Commission shall, in general, have wide latitude as to its control and handling of the whole reparation problem as dealt with in this Part, and shall have authority to interpret its provisions. Subject to the provisions of the present Treaty, the Commission is constituted by the several Allied and Associated Governments referred to in paragraphs 2 and 3 above as the exclusive agency of the said Governments respectively for receiving, selling, holding and distributing the reparation payments to be made by Austria under this Part of the present Treaty. The Commission must comply with the following conditions and provisions:
(a) Whatever part of the full amount of the proved claims is not paid in gold or in ships, securities, commodities or otherwise, Austria shall be required, under such conditions as the Commission may determine, to cover by way of guarantee, by an equivalent issue of bonds, obligations or otherwise, in order to constitute an acknowledgment of the said part of the debt.
(b) In periodically estimating Austria's capacity to pay the Commission shall examine the Austrian system of taxation, first, to the end that the sums for reparation which Austria is required to pay shall become a charge upon all her revenues prior to that for the service or discharge of any domestic loan, and, secondly, so as to satisfy itself that in general the Austrian scheme of taxation is fully as heavy proportionately as that of any of the Powers represented on the Commission.
The Reparation Commission shall receive instructions to take account of: (1) the actual economic and financial position of Austrian territory as delimited by the present Treaty; and (2) the diminution of its resources and of its capacity for payment resulting from the clauses of the present Treaty. As long as the position of Austria is not modified the Commission shall take account of these considerations in fixing the final amount of the obligations to be imposed on Austria, the payments by which these are to be discharged, and any postponement of payment of interest which may be asked for by Austria.
(c) The Commission shall, as provided in Article 181, take from Austria, by way of security for and acknowledgment of her debt, gold bearer bonds free of all taxes or charges of every description established or to be established by the Austrian Government or by any authorities subject to it. These bonds will be delivered at any time that may be judged expedient by the Commission, and in three portions, of which the respective amounts will be also fixed by the Commission, the crowns gold being payable in conformity with Article 214, Part IX (Financial Clauses) of the present Treaty:
(1) A first issue in bearer bonds payable not later than 1 May 1921, without interest. There shall be specially applied to the amortisation of these bonds the payments which Austria is pledged to make in conformity with Article 181, after deduction of the sums used for the reimbursement of the expenses of the armies of occupation and other payments for foodstuffs and raw material. Such bonds as may not have been redeemed by 1 May 1921 shall then be exchanged for new bonds of the same type as those provided for below (paragraph 12(c)2).
(2) A second issue in bearer bonds bearing interest at 21/2 percent between 1921 and 1926, and thereafter at 5 percent with an additional 1 percent for amortisation beginning in 1926 on the whole of the issue.
(3) An undertaking in writing to issue, when, but not until, the Commission is satisfied that Austria can meet the interest and sinking fund obligations, a further instalment of bearer bonds bearing interest at 5 percent, the time and mode of payment of principal and interest to be determined by the Commission.
The dates for the payment of interest, the manner of employing the amortisation fund and all other questions relating to the issue, management and regulation of the bond issue shall be determined by the Commission from time to time.
Further issues by way of acknowledgment and security may be required as the Commission subsequently determines from time to time.
In case the Reparation Commission should proceed to fix definitely and no longer provisionally the sum of the common charges to be borne by Austria as a result of the claims of the Allied and Associated Powers, the Commission shall immediately annul all bonds which may have been issued in excess of this sum.
(d) In the event of bonds, obligations or other evidence of indebtedness issued by Austria by way of security for or acknowledgment of her reparation debt being disposed of outright, not by way of pledge, to persons other than the several Governments in whose favour Austria's original reparation indebtedness was created, an amount of such reparation indebtedness shall be deemed to be extinguished corresponding to the nominal value of the bonds, etc, so disposed of outright, and the obligation of Austria in respect of such bonds shall be confined to her liabilities to the holders of the bonds, as expressed upon their face.
(e) The damage for repairing, reconstructing and rebuilding property situated in the invaded and devastated districts, including reinstallation of furniture, machinery and other equipment, will be calculated according to the cost at the date when the work is done.
(f) Decisions of the Commission relating to the total or partial cancellation of the capital or interest of any of the verified debt of Austria must be accompanied by a statement of its reasons.
13. As to voting the Commission will observe the following rules:
When a decision of the Commission is taken, the votes of all the delegates entitled to vote, or in the absence of any of them, of their assistant delegates, shall be recorded.
Abstention from voting is to be treated as a vote against the proposal under discussion. Assessors shall have no vote.
On the following questions unanimity is necessary:
(a) Questions involving the sovereignty of any of the Allied and Associated Powers, or the cancellation of the whole or any part of the debt or obligations of Austria;
(b) Questions of determining the amount and conditions of bonds or other obligations to be issued by the Austrian Government and of fixing the time and manner for selling, negotiating or distributing such bonds;
(c) Any postponement, total or partial, beyond the end of 1930, of the payment of instalments falling due between 1 May 1921 and the end of 1926 inclusive;
(d) Any postponement, total or partial, of any instalments falling due after 1926 for a period exceeding three years;
(e) Questions of applying in any particular case a method of measuring damages different from that which has been previously applied in a similar case;
(f) Questions of the interpretation of the provisions of this part of the present Treaty.
All other questions shall be decided by the vote of the majority.
In the case of any difference of opinion among the delegates, which cannot be solved by reference to their Governments, upon the question whether a given case is one which requires a unanimous vote for its decision or not, such difference shall be referred to the immediate arbitration of some impartial person to be agreed upon by their Governments, whose award the Allied and Associated Governments agree to accept.
14. Decisions of the Commission, in accordance with the powers conferred upon it, shall forthwith become binding and may be put into immediate execution without further proceedings.
15. The Commission shall issue to each of the interested Powers in such form as the Commission shall fix:
(1) a certificate stating that it holds for the account of the said Power bonds of the issues mentioned above, the said certificate on the demand of the Power concerned being divisible into a number of parts not exceeding five;
(2) from time to time certificates stating the goods delivered by Austria on account of her reparation debt which it holds for the account of the said Power.
Such certificates shall be registered and, upon notice to the Commission, may be transferred by endorsement.
When bonds are issued for sale or negotiation, and when goods are delivered by the Commission, certificates to an equivalent value must be withdrawn.
16. Interest shall be debited to Austria as from 1 May 1921 in respect of her debt as determined by the Commission, after allowing for sums already covered by cash payments or their equivalent by bonds issued to the Commission, or under Article 189.
The rate of interest shall be 5 percent unless the Commission shall determine at some future time that circumstances justify a variation of this rate.
The Commission, in fixing on 1 May 1921 the total amount of the debt of Austria, may take account of interest due on sums arising out of reparation and of material damage as from 11 November 1918 up to 1 May 1921.
17. In case of default by Austria in the performance of any obligation under this Part of the present Treaty, the Commission will forthwith give notice of such default to each of the interested Powers and may make such recommendations as to the action to be taken in consequence of such default as it may think necessary.
18. The measures which the Allied and Associated Powers shall have the right to take, in the case of voluntary default by Austria, and which Austria agrees not to regard as acts of war, may include economic and financial prohibitions and reprisals, and, in general, such other measures as the respective Governments may determine to be necessary in the circumstances.
19. Payments required to be made in gold or its equivalent on account of the proved claims of the Allied and Associated Powers may at any time be accepted by the Commission in the form of chattels, properties, commodities, businesses, rights, concessions within or without Austrian territory, ships, bonds, shares or securities of any kind, or currencies of Austria or other States, the value of such substitutes for gold being fixed at a fair and just amount by the Commission itself.
20. The Commission, in fixing or accepting payment in specified properties or rights shall have due regard for any legal or equitable interests of the Allied and Associated Powers, or of neutral Powers, or of their nationals therein.
21. No member of the Commission shall be responsible, except to the Government appointing him, for any action or omission as such member. No one of the Allied and Associated Governments assumes any responsibility in respect of any other Government.
22. Subject to the provisions of the present Treaty, this Annex may be amended by the unanimous decision of the Governments represented from time to time upon the Commission.
23. When all the amounts due from Austria and her allies, under the present Treaty or the decisions of the Commission have been discharged, and all sums received, or their equivalents, have been distributed to the Powers interested, the Commission shall be dissolved.
Annex III [to Part VIII, Section I]
1. Austria recognises the right of the Allied and Associated Powers to the replacement ton for ton (gross tonnage) and class for class of all merchant ships and fishing boats lost or damaged owing to the war.
Nevertheless and in spite of the fact that the tonnage of Austrian shipping at present in existence is much less than that lost by the Allied and Associated Powers in consequence of the aggression of Austria and her allies, the right thus recognised will be enforced on the Austrian ships and boats under the following conditions:
The Austrian Government, on behalf of themselves, and so as to bind all other persons interested, cede to the Allied and Associated Governments the property in all merchant ships and fishing boats belonging to nationals of the former Austrian Empire.
2. The Austrian Government will, within two months of the coming into force of the present Treaty, deliver to the Reparation Commission all the ships and boats mentioned in paragraph 1.
3. The ships and boats in paragraph 1 include all ships and boats which (a) fly or may be entitled to fly the Austro-Hungarian merchant flag and are registered in a port of the former Austrian Empire, or (b) are owned by any national, company or corporation of the former Austrian Empire, or by any company or corporation belonging to a country other than an Allied or Associated country and under the control or direction of nationals of the former Austrian Empire, or (c) which are now under construction (1) in the former Austrian Empire, (2) in other than Allied or Associated countries for the account of any national, company or corporation of the former Austrian Empire.
4. For the purpose of providing documents of title for the ships and boats to be handed over as above mentioned, the Austrian Government will:
(a) deliver to the Reparation Commission in respect of each vessel a bill of sale or other document of title evidencing the transfer to the Commission of the entire property in the vessel, free from all encumbrances, charges and liens of all kinds, as the Commission may require;
(b) take all measures that may be indicated by the Reparation Commission for ensuring that the ships themselves shall be placed at its disposal.
5. Austria undertakes to restore in kind and in normal condition of upkeep to the Allied and Associated Powers within two months of the coming into force of the present Treaty in accordance with procedure to be laid down by the Reparation Commission any boats and other movable appliances belonging to inland navigation which, since 28 July 1914, have, by any means whatever, come into her possession or into the possession of her nationals, and which can be identified.
With a view to make good the loss in inland navigation tonnage from whatever cause arising which has been incurred during the war by the Allied and Associated Powers, and which cannot be made good by means of the restitution prescribed above, Austria agrees to cede to the Reparation Commission a portion of the Austrian river fleet up to the amount of the loss mentioned above, provided that such cession shall not exceed 20 percent of the river fleet as it existed on 3 November 1918.
The conditions of this cession shall be settled by the arbitrators referred to in Article 300, Part XII (Ports, Waterways and Railways) of the present Treaty, who are charged with the settlement of difficulties relating to the apportionment of river tonnage resulting from the new international regime applicable to certain river systems or from the territorial changes affecting those systems.
6. Austria agrees to take any measures that may be indicated to her by the Reparation Commission for obtaining a full title to the property in all ships which have, during the war, been transferred or are in process of transfer to neutral flags without the consent of the Allied and Associated Governments.
7. Austria waives all claims of any description against the Allied and Associated Governments and their nationals in respect of the detention, employment, loss or damage of any Austrian ships or boats.
8. Austria renounces all claims to vessels or cargoes sunk by or in consequence of naval action and subsequently salved in which any of the Allied or Associated Governments or their nationals may have any interest either as owners, charterers, insurers or otherwise, notwithstanding any decree of condemnation which may have been made by a Prize Court of the former Austro-Hungarian Monarchy or of its allies.
Annex IV [to Part VIII, Section I]
1. The Allied and Associated Powers require and Austria undertakes that in part satisfaction of her obligations expressed in this Part she will, as hereinafter provided, devote her economic resources directly to the physical restoration of the invaded areas of the Allied and Associated Powers to the extent that these Powers may determine.
2. The Allied and Associated Governments may file with the Reparation Commission lists showing:
(a) animals, machinery, equipment, tools and like articles of a commercial character which have been seized, consumed or destroyed by Austria, or destroyed in direct consequence of military operations, and which such Governments, for the purpose of meeting immediate and urgent needs, desire to have replaced by animals and articles of the same nature which are in being in Austrian territory at the date of the coming into force of the present Treaty;
(b) reconstruction materials (stones, bricks, refractory bricks, tiles, wood, window glass, steel, lime, cement, etc), machinery, heating apparatus, furniture and like articles of a commercial character, which the said Governments desire to have produced and manufactured in Austria and delivered to them to permit of the restoration of the invaded areas.
3. The lists relating to the articles mentioned in 2(a) above shall be filed within sixty days after the date of the coming into force of the present Treaty.
The lists relating to the articles in 2(b) above shall be filed on or before 31 December 1919.
The lists shall contain all such details as are customary in commercial contracts dealing with the subject-matter, including specifications, dates of delivery (but not extending over more than four years), and places of delivery, but not prices or value, which shall be fixed as hereinafter provided by the Commission.
4. Immediately upon the filing of such lists with the Commission, the Commission shall consider the amount and number of the materials and animals mentioned in the lists provided for above which are to be required of Austria. In reaching a decision on this matter the Commission shall take into account such domestic requirements of Austria as it deems essential for the maintenance of Austrian social and economic life, the prices and dates at which similar articles can be obtained in the Allied and Associated countries as compared with those to be fixed for Austrian articles, and the general interest of the Allied and Associated Governments that the industrial life of Austria be not so disorganised as to affect adversely the ability of Austria to perform the other acts of reparation stipulated for.
Machinery, equipment, tools and like articles of a commercial character in actual industrial use are not, however, to be demanded of Austria unless there is no free stock of such articles respectively which is not in use and is available, and then not in excess of 30 percent of the quantity of such articles in use in any one establishment or undertaking.
The Commission shall give representatives of the Austrian Government an opportunity and a time to be heard as to their capacity to furnish the said materials, articles and animals.
The decision of the Commission shall thereupon and at the earliest possible moment be communicated to the Austrian Government, and to the several interested Allied and Associated Governments.
The Austrian Government undertakes to deliver the materials, articles and animals as specified in the said communication, and the interested Allied and Associated Governments severally agree to accept the same, provided they conform to the specification given or are not, in the judgment of the Commission, unfit to be utilised in the work of reparation.
5. The Commission shall determine the value to be attached to the materials, articles and animals to be delivered in accordance with the foregoing, and the Allied or Associated Power receiving the same agrees to be charged with such value, and the amount thereof shall be treated as a payment by Austria to be divided in accordance with Article 183 of the present Treaty.
In cases where the right to require physical restoration as above provided is exercised, the Commission shall ensure that the amount to be credited against the reparation obligations of Austria shall be fair value for work done or material supplied by Austria, and that the claim made by the interested Power in respect of the damage so repaired by physical restoration shall be discharged to the extent of the proportion which the damage thus repaired bears to the whole of the damage thus claimed for.
6. As an immediate advance on account of the animals referred to in paragraph 2 above, Austria undertakes to deliver in equal monthly instalments in the three months following the coming into force of the present Treaty the following quantities of live stock:
(1) To the Italian Government
4,000 milch cows of from 3 to 5 years;
50 bulls from 18 months to 3 years;
1,000 working bullocks;
(2) To the Serb-Croat-Slovene Government
1,000 milch cows of from 3 to 5 years;
25 bulls from 18 months to 3 years
500 working bullocks:
1,000 draught horses;
(3) To the Roumanian Government
1,000 milch cows of from 3 to 5 years;
25 bulls from 18 months to 3 years;
500 working bullocks;
1,000 draught horses;
The animals delivered shall be of average health and condition.
If the animals so delivered cannot be identified as animals taken away or seized, the value of such animals shall be credited against the reparation obligations of Austria in accordance with paragraph 5 of this Annex.
7. As an immediate advance on account of the articles referred to in paragraph 2 above, Austria undertakes to deliver during the six months following the coming into force of the present Treaty in equal monthly instalments such supplies of furniture in hard and soft wood intended for sale in Austria as the Allied and Associated Powers shall ask for month by month through the Reparation Commission and which the Commission shall consider on the one hand justified by the seizures and destruction carried out in the course of the war on the territory of the said Powers and on the other hand proportionate to the supplies at the disposal of Austria. The price of the articles so supplied shall be carried to the credit of Austria under the conditions provided for in paragraph 5 of this Annex.
Annex V [to Part VIII, Section I]
1. Austria shall give, as partial reparation, to the Allied and Associated Governments severally an option during the five years following the coming into force of the present Treaty for the annual delivery of the raw materials hereinafter enumerated: the amounts delivered to bear the same relation to their annual importations of these materials before the war from Austria-Hungary as the resources of Austria as now delimited by the present Treaty bear to the resources before the war of the former Austro-Hungarian Monarchy.
Timber and timber manufactures;
Iron and iron alloys;
2. The price paid for the products referred to in the preceding paragraph shall be the same as the price paid by Austrian nationals under the same conditions of shipment to the Austrian frontier and shall be subject to any advantages which may be accorded similar products furnished to Austrian nationals.
3. The foregoing options shall be exercised through the intervention of the Reparation Commission, which subject to the specific provisions hereof shall have power to determine all questions relative to procedure and qualities and quantities of products and the times and modes of delivery and payment. In giving notice to the Austrian Government of the foregoing options, the Commission shall give at least 120 days' notice of deliveries to be made after 1 January 1920, and at least 30 days' notice of deliveries to be made between the coming into force of the present Treaty and 1 January 1920. If the Commission shall determine that the full exercise of the foregoing options would interfere unduly with the industrial requirements of Austria, the Commission is authorised to postpone or to cancel deliveries and in so doing to settle all questions of priority.
Annex VI [to Part VIII, Section I]
Austria renounces on her own behalf and on behalf of her nationals in favour of Italy all rights, titles or privileges of whatever nature in any submarine cables or portions of cables connecting Italian territory, including the territories which are assigned to Italy under the present Treaty.
Austria also renounces on her own behalf and on behalf of her nationals in favour of the Principal Allied and Associated Powers all rights, titles and privileges of whatever nature in the submarine cables, or portions thereof, connecting the territories ceded by Austria under the terms of the present Treaty to the various Allied and Associated Powers.
The States concerned shall provide for the upkeep of the installations and the proper working of the said cables.
As regards the cable from Trieste to Corfu, the Italian Government shall enjoy in its relations with the company owning this cable the same position as that held by the Austro-Hungarian Government.
The value of the cables or portions of cables referred to in the two first paragraphs of the present Annex, calculated on the basis of the original cost, less a suitable allowance for depreciation, shall be credited to Austria in the reparation account.
Section II. Special Provisions
In carrying out the provisions of Article 184 Austria undertakes to surrender to each of the Allied and Associated Powers respectively all records, documents, objects of antiquity and of art, and all scientific and bibliographical material taken away from the invaded territories, whether they belong to the State or to provincial, communal, charitable or ecclesiastical administrations or other public or private institutions.
Austria shall in the same manner restore objects of the same nature as those referred to in the preceding Article which may have been taken away since 1 June 1914 from the ceded territories, with the exception of objects bought from private owners.
The Reparation Commission will apply to these objects the provisions of Article 208, Part IX (Financial Clauses), of the present Treaty, if these are appropriate.
Austria will give up to each of the Allied and Associated Governments respectively all the records, documents and historical material possessed by public institutions which may have a direct bearing on the history of the ceded territories and which have been removed during the last ten years. This last-mentioned period, as far as concerns Italy, shall be extended to the date of the proclamation of the Kingdom (1861).
The new States arising out of the former Austro-Hungarian Monarchy and the States which receive part of the territory of that Monarchy undertake on their part to hand over to Austria the records, documents and material dating from a period not exceeding twenty years which have a direct bearing on the history or administration of the territory of Austria and which may be found in the territories transferred.
Austria acknowledges that she remains bound, as regards Italy, to execute the obligations referred to in Article 15 of the Treaty of Zurich of 10 November 1859, in Article 18 of the Treaty of Vienna of 3 October 1866, and in the Convention of Florence of 14 July 1868 concluded between Italy and Austria-Hungary, in so far as the Articles referred to have not in fact been executed in their entirety, and in so far as the documents and objects in question are situated in the territory of Austria or her allies.
Within a period of twelve months from the coming into force of the present Treaty a Committee of three jurists appointed by the Reparation Commission shall examine the conditions under which the objects or manuscripts in possession of Austria, enumerated in Annex I hereto, were carried off by the House of Hapsburg, and by the other Houses which have reigned in Italy. If it is found that the said objects or manuscripts were carried off in violation of the rights of the Italian provinces the Reparation Commission, on the report of the Committee referred to, shall order their restitution. Italy and Austria agree to accept the decisions of the Commission.
Belgium, Poland and Czecho-Slovakia may also submit claims for restitution, to be examined by the same Committee of three jurists, relating to the objects and documents enumerated in Annexes II, III and IV hereto. Belgium, Poland, Czecho-Slovakia and Austria undertake to accept the decisions taken by the Reparation Commission as the result of the report of the said Committee.
With regard to all objects of artistic, archaeological, scientific or historic character forming part of collections which formerly belonged to the Government or the Crown of the Austro-Hungarian Monarchy and are not otherwise provided for in the present Treaty, Austria undertakes:
(a) to negotiate, when required, with the States concerned for an amicable arrangement whereby any portion thereof or any objects belonging thereto which ought to form part of the intellectual patrimony of the ceded districts may be returned to their districts of origin on terms of reciprocity, and
(b) for twenty years, unless a special arrangement is previously arrived at, not to alienate or disperse any of the said collections or to dispose of any of the above objects, but at all times to ensure their safety and good condition and to make them available, together with inventories, catalogues and administrative documents relating to the said collections, at all reasonable times to students who are nationals of any of the Allied and Associated Powers.
Annex I [to Part VIII, Section II]
The Crown jewels (such part as remains after their dispersion); the private jewels of the Princess Electress of Medici; the medals which form part of the Medici heirlooms and other precious objects - all being domanial property according to contractual agreements and testamentary dispositions - removed to Vienna during the eighteenth century.
Furniture and silver plate belonging to the House of Medici and the "jewel of Aspasios" in payment of debts owed by the House of Austria to the Crown of Tuscany.
The ancient instruments of astronomy and physics belonging to the Academy of Cimento removed by the House of Lorraine and sent as a present to the cousins of the Imperial House of Vienna.
A "Virgin" by Andrea del Sarto and four drawings by Correggio belonging to the Pinacothek of Modena and removed in 1859 by Duke Francis V.
The three following MSS. belonging to the Library of Modena: Biblia Vulgata (Cod. Lat. 422/23), Breviarium Romanum (Cod. Lat. 424), and Officium Beatae Virginis (Cod. Lat. 262), carried off by Duke Francis V in 1859.
The bronzes carried off under the same circumstances in 1859.
Certain objects (among others two pictures by Salvator Rosa and a portrait by Dosso Dossi) claimed by the Duke of Modena in 1868 as a condition of the execution of the Convention of 20 June 1868, and other objects given up in 1872 in the same circumstances.
Objects made in Palermo in the twelfth century for the Norman kings and employed in the coronation of the Emperors, which were carried off from Palermo and are now in Vienna.
Ninety-eight MSS. carried off from the Library of S. Giovanni a Carbonara and other libraries at Naples in 1718 under the orders of Austria and sent to Vienna.
Various documents carried off at different times from the State Archives of Milan, Mantua, Venice, Modena and Florence.
Annex II [to Part VIII, Section II]
I. The Triptych of S. Ildephonse, by Rubens, from the Abbey of Saint Jacques sur Cowdenberg at Brussels, bought in 1777 and removed to Vienna.
II. Objects and documents removed for safety from Belgium to Austria in 1794:
(a) Arms, armour and other objects from the old Arsenal of Brussels.
(b) The Treasure of the "Toison d'or" preserved in previous times in the "Chapelle de la Cour" at Brussels.
(c) Coinage, stamps, medals and counters by Theodore van Berckel which were an essential feature in the archives of the "Chambre des Comptes" at Brussels.
(d) The original manuscript copies of the "carte chorographique" of the Austrian Low Countries drawn up by Lieut.-General Comte Jas de Ferraris between 1770 and 1777, and the documents relating thereto.
Annex III [to Part VIII, Section II]
Object removed from the territory forming part of Poland subsequent to the first partition in 1772:
The gold cup of King Ladislas IV, No. 1,114 of the Court Museum at Vienna.
Annex IV [to Part VIII, Section II]
1. Documents, historical memoirs, manuscripts, maps, etc, claimed by the present State of Czecho-Slovakia, which Thaulow von Rosenthal removed by order of Maria Theresa.
2. The documents originally belonging to the Royal Aulic Chancellory of Bohemia and the Aulic Chamber of Accounts of Bohemia, and the works of art which formed part of the installation of the Royal Chateau of Prague and other royal castles in Bohemia, which were removed by the Emperors Mathias, Ferdinand II, Charles VI (about 1718, 1723 and 1737) and Francis Joseph I, all of which are now in the archives, Imperial castles, museums and other central public institutions at Vienna.