Paris Peace Conf. 180.03401/80
The whole of the Drafting Committee were also present.
(It was agreed that, whenever the Reparations Commission discussed the
question of the German railways and mines in Shantung, the Japanese
Government should have a representative on the Commission.)
(The letter prepared by the Drafting Committee was approved and M.
Clemenceau undertook to sign and communicate it immediately, on behalf
of the Allied and Associated Powers, to the German Delegation.)
Appendix I to CF–80
WCP–1033A
Reply to the German Note of June
20th, 1919
(Approved by the Council of the Principal Allied and
Associated Powers on June 21st, 1919)
By your note of the 20th instant2 you
brought to the attention of the Allied and Associated Governments
certain points on which in the opinion of the German Delegation a
divergence existed between the text of the Treaty and the Memorandum
sent to you on June 16th,3 1919, in answer to the German
observations.
I have the honour to inform you that the views of the Allied and
Associated Governments on these various points are as follows:—
(1) The statements made in the memorandum on page 74 on the one hand and
on pages 42 and 435 on the other are not inconsistent but
complementary.
The Covenant of the League of Nations states that the members of the
League will take measures to secure and maintain freedom of
communication and of transit and also equitable treatment of the
commerce of its members. Germany on her admission to the League will
share in the benefits of these provisions in common with other
countries. However, during the period of transition following peace,
regard must be had to the special conditions which are explained in
the memorandum. The obligations imposed upon Germany, as there
stated, are in the nature of measures of reparation and their
maintenance throughout the period of five years, so far from being
inconsistent with the principle of equitable treatment is designed
to give effect to that principle.
The discretion given to the League of Nations by Articles 280 and 378
will be exercised in accordance with the same principle and in
conformity with the spirit and text of the Covenant of the
League.
(2) The Memorandum states on page 116 that “as regards the local debt of
Alsace-Lorraine and the public institutions of Alsace-Lorraine which
existed before August 1st, 1914, the Allied and Associated Powers
have always understood that France should accept liability for
them”.
Article 55 read with Article 255 of the Treaty relates to the public
debt of “the Empire and of the German States” and no provision
exempts France from the payment of the local debt of
Alsace-Lorraine.
[Page 602]
There is, therefore, no divergence between the Memorandum and the
Treaty.
(3) The Commission which has been provided for Upper Silesia and
which, according to Article 45 of the Treaty is to be nominated by
the Principal Allied and Associated Powers, is described as
‘Commission indépendant’—‘Separate Commission’—in order to make it
clear that it refers to a Commission specially charged with the duty
referred to in Article 45.
It does not appear that there is in this respect any divergence
between the Treaty and the Memorandum.
(4) Similarly, the explanations which have been given on page 167 of the
Memorandum relative to Memel do not indicate any contradiction
between the Treaty and the Memorandum.
(5) With regard to the control of the destruction of the
fortifications of Heligoland the Allied and Associated Powers
intend, as explained in the Memorandum, page 17,8 to
appoint a commission to exercise this control in conformity with the
Treaty. This Commission will be authorised to decide what portion of
the works protecting the coast from sea erosion is to be maintained
and what portion is to be destroyed.
(6) The Allied and Associated Powers consider it necessary to point
out that they have never stated that the German railways and mines
in Shantung will not be regarded as the property of the German
State, if proof is forthcoming from the German side that these are
private property.
On the contrary the Allied and Associated Powers consider these
railways and mines as public property. If, however, Germany
establishes the fact that there are interests which German nationals
may be found to possess therein, such private interests will be
subjected to the application of the general principles laid down in
the Treaty in matters of this kind.
(7) As stated on page 319 of the Memorandum the Allied and Associated Powers
intend to communicate to the German Government within a month of the
coming into force of the Treaty the list of persons, whom, under the
second paragraph of Article 288, Germany must hand over to the
Allied and Associated Powers.
(8) The Allied and Associated Powers as stated on page 3310 of the
Memorandum do not intend to give the Reparation Commission power to
require trade secrets and other confidential information to be
divulged. As regards the exercise of executive authority on German
territory and interference in the direction or control of the
educational
[Page 603]
establishments
of Germany, the Treaty contains no provisions giving any power to
the Reparation Commission.
(9) On page 3411 and the following pages of the
Memorandum the Allied and Associated Powers have not laid down any
special procedure for fixing the reparation demanded from Germany.
The Allied and Associated Powers have provided for the possibility
that Germany may present at any time after the signature of the
Treaty and within the next four months documents and proposals for
examination by the said Powers, in order to expedite the work
relating to reparation, and thereby greatly shorten the
investigation and accelerate the decisions.
(10) As the [to] the facilities contemplated
on page 3612 of the Memorandum for the importation of
foodstuffs and raw materials into Germany mention was only made of
them “subject to conditions and within limits which could not be
indicated in advance and subject also to the necessity for having
due regard to the special economic situation created for Allied and
Associated countries by German aggression and the war.” Such cannot
be regarded as a binding engagement which departs from the terms of
the Treaty, but as the expression of the intention of the Allied and
Associated Powers to facilitate, as far as it may be possible to
them, the resumption of the economic life of Germany.
(11) The Memorandum stated that the Reparation Commission “would have
power to grant to the Reichsbank whenever it sees fit the right to
export gold when it is a question of guarantees that this bank had
furnished and that it could not furnish by any other means.”
This statement is entirely in accord with the stipulation inserted in
Article 248 of the Treaty, according to which “up to May 1st, 1921
the German Government shall not export or dispose of, and shall
forbid the export or disposal of gold without the previous approval
of the Allied and Associated powers acting through the Reparation
Commission.”
(12) The Allied and Associated States, who on page 5313 of the Memorandum, declared their readiness to
receive information and evidence which the German Government may
furnish on the question of corrupt or fraudulent machinations by
persons in the Allied and Associated States dealing with the
liquidation of German property, will take proceedings against such
persons in accordance with their own legislation and will secure the
imposition of penalties in accordance in all respects with the
provisions of their municipal laws.
Those of the explanations given above which, in the opinion of the
Allied and Associated Powers, may be regarded as constituting a
[Page 604]
binding engagement, have
been incorporated in the annexed Protocol, which the Allied and
Associated Governments are prepared to annex to the Treaty.
