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Peace Treaty of Brest-Litovsk
(3 March 1918)
|Article I. Germany, Austria-Hungary, Bulgaria, and Turkey, for the one part, and Russia, for the other part, declare that the state of war between them has ceased. They are resolved to live henceforth in peace and amity with one another.
Article II. The contracting parties will refrain from any agitation or propaganda against the Government or the public and military institutions of the other party. In so far as this obligation devolves upon Russia, it holds good also for the territories occupied by the Powers of the Quadruple Alliance.
Article III. The territories lying to the west of the line agreed upon by the contracting parties which formerly belonged to Russia, will no longer be subject to Russian sovereignty; the line agreed upon is traced on the map submitted as an essential part of this treaty of peace. The exact fixation of the line will be established by a Russo-German commission.
No obligations whatever toward Russia shall devolve upon the territories referred to, arising from the fact that they formerly belonged to Russia.
Russia refrains from all interference in the internal relations of these territories. Germany and Austria-Hungary purpose to determine the future status of these territories in agreement with their population.
Article IV. As soon as a general peace is concluded and Russian demobilization is carried out completely Germany will evacuate the territory lying to the east of the line designated in paragraph 1 of Article III, in so far as Article IV does not determine otherwise.
Russia will do all within her power to insure the immediate evacuation of the provinces of eastern Anatolia and their lawful return to Turkey.
The districts of Erdehan, Kars, and Batum will likewise and without delay be cleared of the russian troops. Russia will not interfere in the reorganization of the national and international relations of these districts, but leave it to the population of these districts, to carry out this reorganization in agreement with the neighboring States, especially with Turkey.
Article V. Russia will, without delay, carry out the full demobilization of her army inclusive of those units recently organized by the present Government. Furthermore, Russia will either bring her warships into russian ports and there detain them until the day of the conclusion of a general peace, or disarm them forthwith. Warships of the States which continue in the state of war with the Powers of the Quadruple Alliance, in so far as they are within Russian sovereignty, will be treated as Russian warships.
The barred zone in the Arctic Ocean continues as such until the conclusion of a general peace. In the Baltic sea, and, as far as Russian power extends within the Black sea, removal of the mines will be proceeded with at once. Merchant navigation within these maritime regions is free and will be resumed at once. Mixed commissions will be organized to formulate the more detailed regulations, especially to inform merchant ships with regard to restricted lanes. The navigation lanes are always to be kept free from floating mines.
Article VI. Russia obligates herself to conclude peace at once with the Ukrainian People's Republic and to recognize the treaty of peace between that State and the Powers of the Quadruple Alliance. The Ukrainian territory will, without delay, be cleared of Russian troops and the Russian Red Guard. Russia is to put an end to all agitation or propaganda against the Government or the public institutions of the Ukrainian People's Republic.
Esthonia and Livonia will likewise, without delay, be cleared of Russian troops and the Russian Red Guard. The eastern boundary of Esthonia runs, in general along the river Narwa. The eastern boundary of Livonia crosses, in general, lakes Peipus and Pskow, to the southwestern corner of the latter, then across Lake Luban in the direction of Livenhof on the Dvina. Esthonia and Livonia will be occupied by a German police force until security is insured by proper national institutions and until public order has been established. Russia will liberate at once all arrested or deported inhabitants of Esthonia and Livonia, and insures the safe return of all deported Esthonians and Livonians.
Finland and the Aaland Islands will immediately be cleared of Russian troops and the Russian Red Guard, and the Finnish ports of the Russian fleet and of the Russian naval forces. So long as the ice prevents the transfer of warships into Russian ports, only limited forces will remain on board the warships. Russia is to put an end to all agitation or propaganda against the Government or the public institutions of Finland.
The fortresses built on the Aaland Islands are to be removed as soon as possible. As regards the permanent non- fortification of these islands as well as their further treatment in respect to military technical navigation matters, a special agreement is to be concluded between Germany, Finland, Russia, and Sweden; there exists an understanding to the effect that, upon Germany's desire, still other countries bordering upon the Baltic Sea would be consulted in this matter.
Article VII. In view of the fact that Persia and Afghanistan are free and independent States, the contracting parties obligate themselves to respect the political and economic independence and the territorial integrity of these states.
Article VIII. The prisoners of war of both parties will be released to return to their homeland. The settlement of the questions connected therewith will be effected through the special treaties provided for in Article XII.
Article IX. The contracting parties mutually renounce compensation for their war expenses, i.e., of the public expenditures for the conduct of the war, as well as compensation for war losses, i.e., such losses as were caused [by] them and their nationals within the war zones by military measures, inclusive of all requisitions effected in enemy country.
Article X. Diplomatic and consular relations between the contracting parties will be resumed immediately upon the ratification of the treaty of peace. As regards the reciprocal admission of consuls, separate agreements are reserved.
Article XI. As regards the economic relations between the Powers of the Quadruple Alliance and Russia the regulations contained in Appendices II-V are determinative....
Article XII. The reestablishment of public and private legal relations, the exchange of war prisoners and interned citizens, the question of amnesty as well as the question anent the treatment of merchant ships which have come into the power of the opponent, will be regulated in separate treaties with Russia which form an essential part of the general treaty of peace, and, as far as possible, go into force simultaneously with the latter.
Article XIII. In the interpretation of this treaty, the German and Russian texts are authoritative for the relations between Germany and Russia; the German, the Hungarian, and Russian texts for the relations between Austria-Hungry and Russia; the Bulgarian and Russian texts for the relations between Bulgaria and Russia; and the Turkish and Russian texts for the relations between Turkey and Russia.
Article XIV. The present treaty of peace will be ratified. The documents of ratification shall, as soon as possible, be exchanged in Berlin. The Russian Government obligates itself, upon the desire of one of the powers of the Quadruple Alliance, to execute the exchange of the documents of ratification within a period of two weeks. Unless otherwise provided for in its articles, in its annexes, or in the additional treaties, the treaty of peace enters into force at the moment of its ratification.
In testimony whereof the Plenipotentiaries have signed this treaty with their own hand.
Executed in quintuplicate at Brest-Litovsk, 3 March, 1918.
Appendices: Russia-Germany, Part I)
5. RUSSIA-CENTRAL POWERS
APPENDIX I, PROVIDED FOR IN ARTICLE III OF THE TREATY OF PEACE BETWEEN RUSSIA AND THE CENTRAL POWERS, OF 3 MARCH. 1918.
The line prescribed in Article 3 of the peace treaty with Russia, which in the west runs along Russian sovereignty, passes through the islands of Dago and Worms, between Mohn and the mainland between the islands Rüno and Küno, and in segmental curve passing through the bay of Riga, reaches the mainland slightly to the northwest, [northeast] of the mouth of the Livonian Aa, then in continuation of the curve it passes around Riga and to the east [west] of Üxküll (Oger Galle), crosses the Düna (Dvina). Then it follows the course of the Düna to the east of Dwinsk (Dünaberg) to the place where ended the former Courland frontier, almost to Druja, and from this place it extends in a straight line south-west crossing Strusty Lake to the southern part of Lake Driswjaty, leaving the locality Driswjaty itself to the east of the line.
From here the line bends in a south-southwest direction close to Mjelengjany on the German side. The localities Widsy and Tweretsch remain east of the line. It crosses the railway line from Swenziany to Lyntupy upon midway. The line then passes along a stream by the localities Michalischki and Gerwjany, both of which are left to the west of the line, along the rivers Oschmjanka and Loscha. The line itself in manifold windings reaches the railway from Wilna to Smorgon, which it crosses somewhat west of Slobodka. Here the line bends, running straight to Klewisa on the German side, by Oschmjany and Dsewenischki on the east, and Geranony on the west, along the rivers Opita and Gawja to the Niemen.
The line now follows the downward course of the Niemen to a point above Mosty, and here it bends directly to the south into the river course of the Selwianka, which it follows to Roshany, which remains to the east of the line. From here it passes in a southwest direction (along the Temra) to the Ukrainian border where Prushany is reached. From here it passes between Borowiri (?) and Szolzhentiza(?), between Koski (?) and Dobruschin (?), and west of the road from Prushany to Vidoml passes in straight line the bends of the river Liesna, leaving Vidoml on the Russian side. The line ends on the river Liesna north of Brest-Litovsk, Szmolienitza (?) and Bobruschin (?) remain to the east of the line, Riga, Jacobstadt, Dwinsk, Svenzjany, Vilna, Lida, Wolkowysk, and Konstantinow on the German side.
An absolutely exact determination of the line will be established through a Russo-German Commission.
APPENDIX II TO THE TREATY OF PEACE, SIGNED AT BREST-LITOVSK, 3 MARCH, 1918.
In regard to the economic relations between Germany and Russia the following is agreed upon:
1. The Russo-German commercial treaty of 1894/1904 does not again take effect.
The contracting parties obligate themselves to begin negotiations regarding the conclusion of a new commercial treaty as soon as possible after the conclusion of a general peace between Germany on the one hand, and the European countries at present at war with her and the United States of America and Japan on the other hand.
2. Until such time, and in any case up to 31 December, 1919, the regulations contained in this appendix, and constituting an integral part of the present peace treaty, shall be made the basis of their mutual commercial relations. Both contracting parties, are, however, free to repudiate these regulations after 30 June, 1919, on condition of giving six months notice. In case this right of repudiation is utilized before the 31 December, 1922, then, until 31 December, 1925, in case the denunciation ensues after 31 December, 1922, for a term of three years reckoning from the date of the cessation of the activity of the stipulations contained in the present appendix, the subjects, the commercial, industrial, and financial companies, including insurance companies, the produce of agriculture and industries, and the vessels of each of the two contracting parties shall enjoy the most favored nation treatment in the territory of the other party. These regulations extend particularly:
a) To acquisition and ownership of movable and immovable property, disposition of same, occupations in commerce, trades, and professions, as well as to dues levied in these instances;
b) To import, export, and transit of goods, to customs dues and customs formalities, to internal dues on consumption and the like, and to traffic prohibitions;
c) To the treatment accorded by the governmental or state-controlled administrations of monopolies of one of the contracting parties to buyers or sellers of the other party in the fixing of prices, or in other business conduct;
d) To the transportation and transportation tariffs on railways and other ways of communication;
e) To the admission and status of ships, their crews and cargoes, as well as to ships' dues;
f) To the transportation of passengers by forwarding agencies, including transportation of emigrants by land and sea and other activities of emigration agents.
3. During the entire time of the application of the principles of the most favored nation, neither of the parties shall establish, to the detriment of the opposite party, on the frontiers of its territory, higher import or export duties than on any other frontier.
Furthermore, in the course of ; this period, Russia shall neither prohibit the export of rough and hewn lumber, nor levy export duty on the same, in so far as it is not especially mentioned in No. 6 of the Schedule of Export Duties; neither shall it prohibit the export of, or levy export duty on ores of any kind.
4. Russia shall not claim the advantages which Germany grants to Austria-Hungary or to any other country allied with her by a customs union, and adjoining Germany either immediately or through an intervening country allied with her or with Austria-Hungary by customs union. Colonies, outlying possessions and territories under protectorate, in this respect are placed on the same basis as the mother country.
Germany shall not claim the advantages which Russia grants to another country connected with her by customs union, and adjoining Russia either immediately, or through an intervening country allied with her by customs union, or to the colonies, outlying posessions or territories under the protectorate of a country allied with her by customs union.
5. In so far as in neutral countries there are located goods originating in Germany or Russia and subject to prohibition of import into the territory of the other contracting party elther directly or through the intermedium of ts another country, such limitations as to the disposition of such goods shall be cancelled as regards the contracting parties. Both contracting parties, therefore, obligate themselves immediately to advise the Governments of neutral countries of the above-stated cancellations of the limitations mentioned .
6. Privileges granted by one of the contracting parties during the time of the war to other countries in the form of concessions or other state measures, must be revoked or extended to the opposite party by granting equal rights.
7. In so far as in the tariff appendix A, or elsewhere, there are no stipulations to the contrary, the general Russian Customs Tariff of the 13/26 January, 1903,(1) shall be applied for the whole period of life of the present provisorium as well as of the most-favored nation treatment granted both by Clause 2.
8. The agreements which existed between the German Empire and Russia on 31 July, 1914, in regard to Russian sugar shall remain in force during the life of the present provisorium and during the mutual application of the most favored nation principle in accordance with Clause 2.
9. The contracting parties are agreed that, with the conclusion of peace, the war terminates also in the field of economy and finance. They engage not to participate either directly or indirectly in measures having for their aim the continuance of hostilities in economic or financial spheres, but to hinder such measures within the boundaries of the territories of their State by all means in their power.
In the course of the intermediate period required for the removal of the consequences of war and for the organization of new relations, the contracting parties bind themselves not to put, in so far as it is possible, any difficulties in the way of the acquisition of necessary goods by introducing high import duties, and they express their willingness to enter immediately into negotiations for the purpose of maintaining and enlarging as far as feasible the customs exemptions established during the time of the war.
SUB-APPENDIX 1 TO APPENDIX II OF THE TREATY OF PEACE BETWEEN RUSSIA AND THE CENTRAL POWERS. SIGNED AT BREST-LITOVSK, 3 MARCH, 1918.
The subjects of one of the contracting parties, who have settled on the territory of the opposite party or reside temporarily in the same, shall enjoy, in their commercial and industrial activities, the same rights as the native inhabitants, and shall not be subjected to higher or to other taxes. In the territory of the other party they, in all respects, shall enjoy the same rights, privileges, franchises, advantages, and exemptions as the subjects of the most favored nation.
Both parties are, however, agreed that special laws, decrees, and orders, relating to trade, commerce, industry, and police, which govern or will govern in either of the contracting countries, and which apply to all foreigners, will not be affected by these considerations.
The subjects of both contracting parties shall have the right, on the territory of the other party, on a basis of equality with the native inhabitants, to acquire, to possess, and to manage movable and immovable property of every kind as well as to dispose of the same in the way of sale, exchange, gift, matrimony, legacy, a or any other method, as well as to receive inheritances through will or on the basis of the law, n without being subjected in any of the cases mentioned, in one way or another, to higher dues, taxes, or collection than native inhabitants.
Each of the contracting parties reserves the right to make exceptions to these stipulations for those parts of their respective territories which have been declared frontier districts or fortress regions.
However, in none of these cases above mentioned shall the subjects of one of the parties in the territory of the other party be placed in a less favorable condition than the subjects of any third country.
The subjects of both contracting parties may, provided they observe the laws of the country, take out, unhindered, the proceeds of the sale of their property, and, in general, their belongings, without being obliged, in their capacity as foreigners, to pay special or higher dues than native inhabitants in the same circumstances.
Subject to the local laws, they shall have free admission to law oourts, where they may appear as claimants or defendants, and shall enjoy in this respect all rights and immunities of native inhabitants and also, like the latter, they shall have the right to employ in every law suit the attorneys and agents admitted under the local laws.
The subjects of each of the contracting parties, in the territory of thc opposite party, shall not be subject to juridical, administrative, or municipal duties, with the exception of guardianships. They are likewise exempt from any personal service in the army, fleet, reserve of the territorial army and of the navy, the national militia, as also from all duties, compulsory loans, military requisitions, and service of any kind, imposed, in case of war, or as a result of exceptional circumstances; duties connected by any title whatsoever with the ownership of a parcel of land, and also the military quartering duty and other special services to be rendered to the active army, to which are liable the native inhabitants and the subjects of the most favored nation in their capacity of proprietors and lessees of real estate are excepted.
Joint stock companies and any other commercial, industrial, or financial companies, including insurance companies, which have been lawfully formed in one of the two countries in accordance with existing laws, and have their abode there, must be recognized by the other country as existing lawfully and shall, in particu lar, enioy in the same the right to conduct lawsuits in the courts in the capacity of claimants or defendants.
Both parties, however, agree that the foregoing stipulation does not affect the questlon whether such companies, formed in one of the countries, shall be admitted, or not, to commercial or industrial activity in the other country. This question depends as heretofore, on the regulations already existing or to be introduced in the country in question.
In any case, the aforesaid companies shall enjoy in the other country the same rights as have been granted or may be granted to similar companies of any other country.
The contracting parties obligate themselves not to impede the mutual relations of the two countries by any prohibitions of import, export, or transit, and to permit free transit.
Exceptions are only admissible for such articles as are or will be considered a State monopoly in the territory of one of the contracting Parties, as also for certain articles respecting which exceptional prohibitional rules may be issued for reasons of hygiene, veterinary supervision, and public safety, or for other weighty political or economic reasons especially in connection with the after-war transition period.
During the after-war transition period, for the purpose of overcoming the consequences of the war, regulations may be issued limiting intercourse, as well as prohibiting import, export, and transit: they must be enforced in such manner as to be felt as slightly as possible, and as soon as circumstances permit, they must be rescinded.
The products of Russian agriculture and industry imported into Germany, and the products of German agriculture and industry imported into Russia, shall in the country of their importation be on the same footlng as the products of the most favored nation, regardless of whether they be intended for consumption or for storage, for re-export, or for transit. In no case, and on no account, shall they be subjected to any higher or other duties, taxes, fees, or contributions, or to extra charges, or to import prohibitions, if the same does not apply to similar products of any other country. In particular, every advantage and facility, every exemption from and reduction of import duties of the general and conventional tariffs, which one of the contracting parties, permanently or temporarily, without a corresponding benefit or against compensations, grants to a third country, shall be granted to the products of agriculture and industry of the other country without further formality and without any conditions, reservations, or compensations.
The products of German agriculture and industry mentioned in the appended 'I'ariff A, on being imported into Russia, and the products of Russian agriculture and industry, specified in the appended Tariff B, when being imported into Germany, shall not be subjected to any special or higher import duty than that stipulated in the said appendices.
Should one of the contracting parties assess any of the articles of domestic production or manufacture specified in appendices A or B, for the benefit of the State Exchequer by means of any new internal tax or excise, or addition to such internal tax or excise, similar articles when being imported may be taxed with an equal or corresponding duty on condition that this duty shall be the same for the products of all countries.
Internal duties, which are now being levied or may be levied hereaftcr in the territory of one of the contracting parties for account of the State, of committees, or of societies, for the production, preparation, forwarding, sale, or consumption of any article may be levied on similar articles of the other party, but under no pretext at a higher rate or in a more oppressive fashion than on the produce of the home country. In so far as internal duties are levied on raw materials and half finished products, the making of a suitable tax agreement for the importation of such products made from such raw materials and half finished products shall be admissible, even in case similar home products are not taxed directly.
Each of the contracting parties is at liberty, for the purpose of obtaining national income, to establish a monopoly on suitable articles, or to subject the same to regulations analogous to a monopoly. In this case the foregoing regeulations are made correspondingly applicable.
In exporting goods from either of the two countries into the other, no other nor higher export duties shall be levied than those levied on exports into the most favored country. Furthermore, any advantage granted on exports of one of the contracting parties to a third country is automatically and unconditionally extended to the other party.
Goods of any kind, passing through the territory of either of the parties, shall reciprocally be exempt from any transit dues, irrespective of whether they go through immediately or be unloaded while in transit, warehoused, and then reloaded.
The stipulations of the present agreement do not affect:
1. Advantages which are granted now, or may be granted in the future, to other adjacent countries for facilitating local intercourse, within a boundary zone of fifteen kilometers in width.
2. Advantages which either of the contracting parties grants or will grant in the future to another country in virtue of an existing or future customs union.
3. Import or export advantages which are granted now, or may be granted in the future, to the inhabitants of the province of Archangel.
However, German imports into that territory shall enjoy, to an equal extent, all customs advantages granted to any European or North American country.
Merchants, manufacturers, and other persons engaged in industrial enterprises who prove by presentation of a legal certificate ssued to them by the authorities of their home country that they have the right to engage in commereial dealings in the country where they reside permanently, may, either personally or through commercial travelers in their employ, purchase goods in the territory of the other contracting party, or solicit orders, bringing with them samples of goods. The said merchants, manufacturers, or other persons engaged in industrial pursuits, as well as commercial travelers, shall reciprocally enjoy in both countries the same rights as regards passports and dues on commercial dealings as do the subjects ol the most favored nation.
Persons provided with a certificate entitling them to engage in industrial pursuits (commercial travelers) may carry with them samples of any kind, but not goods. Articles, liable to duty, which are brought in by the above mentioned persons, are exempted, by both parties, from both import and export duties, but on condition that, in case these articles are not sold, they be taken out again within a year's time, and that there be no doubt as to the identity of the articles brought in and taken out again. It is immaterial through which custorrt house the goods are taken out.
The taking out of samples of merchandise must be guaranteed, when imported, by making a deposit of the amount of the respective customs duty, or by some other guarantees.
The contracting parties will inform eaeh other as to what authorities are entitled to issue certificates for the privilege of engaging in industrial enterprises, of the form which these certificates will take, and the rules which the travelers must reserve during the time of their industrial activities.
The subjects of either of the contracting parties, going into the territory of the other to visit fairs and bazaars, to trade or to sell their products, are mutually placed, by both parties, in the same position as the native inhabitants and shall not be subjected to higher dues.
In regard to mutual safeguarding of author's rights as regards literary, artistic, or photographic products, the stipulations of the agreement concluded between the German Empire and Russia under date of 28 February l913, shall apply in the relations between Germany and Russia.
In regard to mutual safeguarding of trade-marks the stipulations of the declaration of 23 July, 1873, shall govern also in the future.
German vessels and their cargoes in Russia, as well as Russian vessels and their cargoes in Germany, shall be placed on the same footing as local ships and cargoes, regardless of where the vessel sailed from or whither bound, regardless also of the origin or destination of their cargoes.
Every prerogative and every immunity which may be granted by one of the contracting parties to a third country, shall be extended automatically and unconditionally to the other party.
However, exception is made from the foregoing stipulations:
a) In regard to those special privileges which, in either country, now exist, or may be granted in the future, to the home fisheries and their produce:
b) In regard to the privileges granted now or in the future to the national merchant fleet.
The stipulations of the present agreement do not apply to coast-wise shipping which, as heretofore, shall be regulated in both countries by existing or future laws. However, in any case German and Russian vessels shall be permitted to sail from a port of one of the contracting parties to one or more ports of the same country, whether for complete or partial discharge of the cargo brought from abroad, or for taking on or completing a cargo destined for abroad.
The nationality of vessels is recognized by both parties in accordance with the laws and regulations of each country, on the basis of documents and letters patent issued by the proper authorities and found on the vessel.
Certificates of tonnage measurement, issued by either of the contracting parties, shall be recognized by the other party in accordance with special agreements concluded, or to be concluded between the contracting parties.
German vessels, arriving at a Russian port, and on the other hand, Russian vessels arriving at a German port, merely for the purpose of completing their cargo there, or for partially discharging the same, may retain and bring out again a definite part of the cargo destined for another port of the same country or for another country on condition that they observe the laws and regulations of the country in question; in this case they are not obliged to pay any dues for this part of their cargo with the exception of the inspection fees, which shall, however, be levied only at the rate established for local vessels.
From tonnage dues and clearance fees are wholly exempt in the ports of either country:
1. Vessels arriving from any place in ballast and leaving again in ballast;
2. Vessels which, coming from a harbor of one of the two countries into one or more harbors of the same country, can prove that they paid the said fees in another harbor of the same country;
3. Vessels which voluntarily or of necessity arrive with cargo at a port and leave it without having effected any trade.
This exemption shall not extend to lighthouse, pilotage, towing, quarantine, or other dues which are payable on the vessel for services rendered or apparatus used and which are established in the interest of traffic, and which are equally payable by native ships, and by those belonging to the most favored nation.
lf a vessel came to the port through necessity, the unloading and reloading of merchandise necessitated bv repairs to the ship, the transferring of cargo into another vessel on account of the unworthiness of the former, the purchases of necessary provisions for the crew, the sale of deteriorated goods with the consent of the customs authorities, shall not be considered as a commercial transaction.
In case a vessel of one of the contracting parties is stranded or wrecked on the coast of the other country, the vessel, as well as the cargo, shall enjoy the same advantages and immunities which the laws of the respective countries extend to its own vessels in similar circumstances. All aid and assistance shall be given to the master and to the crew, as regards their persons, the ship, and the cargo.
The contracting parties are further agreed that salvaged goods shall not be subject to customs duties unless intended for local consumption.
The use of highways and other thoroughfares, canals, locks, ferries, bridges, and bridge openings, harbors and quays, channel-marks and lights, pilots, lifting cranes and scales, warehouses, coast-guards and institutions for salvage and safe-keeping of ships' cargoes, and so forth, in so far as these constructions or institutions are intended for general communication and for public traffic and trade in general, irrespective of whether they are managed by the State, or by private persons with the consent of the State, shall be granted to the subjects of the other contracting party on the same conditions and against payment of equal dues as to the subjects of the home country.
With the exception of deviations permissiblo in regard to lighthouses and pilots, these dues shall only be levied if the above mentioned constructions and institutions have actually been utilized.
Both contracting parties reserve the right to establish their own railway tariffs at their own discretion.
However, neither in respect to freight rates nor in respect to the time and method of forwarding shall any difference be made between the subjects of either contracting party. Especially on consignments of goods coming from Russia and destined for a German station, or passing through Gcrmany in transit, no higher rates shall be levied on German railways than on similar German or foreign products going in the same direction and on the same section of the road. The same shall apply on Russian railways for consignments of goods from Germany destined for Russian stations or passing through Russia in transit.
Exceptions from the foregoing stipulations shall be admissible only in so far as consignments at reduced rates for public or charitable purposes are concerned.
Appendices: Russia-Germany, Part II
FINAL PROTOCOL TO SUB APPENDIX 1 OF APPENDIX II TO THE PEACE TREATY BETWEEN RUSSIA AND THE CENTRAL POWERS. SIGNED 3 MARCH, 1918.
REFERRING TO THE TEXT OF THE TREATY
To Article 1.
Household effects which have already been in use and movable property of subjects of either contracting party who intend to settle on the territory of the other party, shall be exempt in the latter territory from any import duties.
German official consulates and the employes of diplomatic and of said consular institutions dispatched to Russia, shall have the right to receive newspapers and works of science, art, and literature, entirely exempt from the Russian censorship.
The privileges and immunities accorded, as per Article 2 of the Treaty between Germany and Russia of 8 December/26 November, 1874, to consular employees, are also extended to special officials attached to German consulates in Russia and also to the agents of the Russian Ministry of Finance and to their secretaries (or attachés) in Germany.
To Articles l and 12.
In regard to passports the subjects of both countries are placed on a footing with the most favored nation.
The passport visée in Russia holds good for six months.
The decision includes the visée of the passports of German commercial travelers of the Hebrew faith.
The fee for issuing foreign passports to Germans living in Russia is not to exceed 50 Copecks. Russia will in the future also grant a term of 28 days for the validity of legitimation certificates available wlthin the limits of a frontier zone 30 kilometers wide, allowing the bearers the right of repeatedly crossing the frontier at different points as at present. This term will be reckoned by both parties from the day on which the certificate is first used for crossing the frontier, but the certificates expire if not used for the first time at the latest within fifteen days after the date of issue. This term of 28 days is in no way affected by the beginning of a new year during the time for which the certificate is available. These certificates, which shall be issued in two languages, German and Russian, are to be given by either country only to its own subjects and to such subjects of the other State who reside in the country in which the certificate is issued.
The day on which the frontier is crossod will in future be marked on the certificate by both Russian and German authorities, according to both the Russian and German calendar. Certificates will be given in future, as at present, both to Christians and Hebrews.
Each contracting parties will allow its subjects to pass temporarily to the territory of the other party for agricultural and industrial purposes and will raise no obstacles particularly as regards passport regulations. The representatives of organizations under state inspection which are established in the territory of one Party to act as agencies for enlisting such workmen, and regarding which the government of this party will notify the government of thc other party, are without further formalities admitted within the territory of the latter and may exercise without hindrance their functions as agents.
Russian workmen entering Germany for agricultural or other kindred occupations, shall be provided as heretofore, free of charge, with legitimation papers valid from l February to 20 December, new style.
These papers also shall be written in the Russian and German languages.
To Article 3.
In so far as the subjects of a third State, on the strength of existing treaties and agreements, are exempt in Russia from guardianship, German subjects in Russia shall enjoy the same privilege in respect to guardianship of non-German minors.
To Article 5.
Veterinary measures introduced by the German Government with regard to Russian import may not be applied more strictly than with regard to States which, in respect to contagious diseases of animals and in respect to veterinary institutions, are in the same condition as Russia.
This regulation does not apply to agreements relative to veterinary measures between Germany and Austria-Hungary.
The number of live pigs, which according to existing regulations may be lmported into upper Silesia is increased to twenty-five hundred per week.
Meat, which by the German Meat Inspection Law of 3 June, 1900, is considered as dressed, is allowed to be imported into Germany in accordance with regulations of the law referred to.
The concessions stipulated in paragraphs 3 and 4 preceding, may be temporarily suspended or revoked, if this is necessitated by extraordinary considerations arising from veterinary supervision.
To Articles 5, 6, 7, 9, and 10.
Whereas in Russia at the present time certain goods are subject to higher customs duty, when imported across the land frontier, than when imported by the Baltic Sea, the Parties are agreed that from the day of the coming into force of the present treaty, the duties on imports across the land frontier shall be reduced to conform with the rates of duty on imports by the Baltic Sea and that no new tariff be introduced discriminating in favor of imports by sea.
The German Government on its part binds itself not to introduce on any frontier of the German Empire different or more favorable customs duties than on its eastern frontier.
To Article 6.
The German Federal Council will not avail itself at any time during the life of the present treaty of its prerogative to revoke the pormission given for establishing mixed warehouses for grain in transit at Königsberg, Danzig, Altona, Mannheim, and Ludwigshafen.
To Articles 6, 7, and 11.
When the agricultural and industrial products of a third Power which are transported through the territory of one of the contracting parties, are imported into the other country, they shall not be subject to payment of other or higher duties than if they had been imported directly from the country of their origin.
To Articles 6 to 9.
The Russian Government declares itself prepared to accept German gold coins in payment of customs duties, at the exchange rate of 1,000 Marks gold for 462 Roubles (1 Rouble=1/15 Imperial). The Russian custom houses will accept German Imperial Bank Notes at the same rate of exchange in payment of customs duties.
To Articles 6 and 7.
In respect to the importation of goods, which are subject according to their country of origin to different customs duties, the contracting parties reserve the right to demand certificates of origin as evidence of domestic production or manufacture. Both parties will take care that the above certificates shall restrict trade as little as possible.
To Article 12
In order to exercise in Russia the right provided for by Paragraph 1 of Article 12, the persons there mentioned shall be provided with special trade certificates, government fee for which shall not exceed 150 Roubles for a whole year and 75 Roubles for the second half of the year.
If persons provided with the said trade certificates desire to exercise the right stipulated in Paragraph 1 of Article 12, through commercial travelers in their employ, the latter shall be provided with special personal trade certificates, the fee for which must not exceed 50 Roubles for a whole year or 25 Roubles for the second half of a year.
Trade certificates, provided for by paragraph 1 of the present regulation, may be issued in the names of persons going to Russia, and in this case such persons do not need to provide themselves with personal trade certificates.
With the issuing trade certificates and the collecting of fees for same, no distinction will be made between those professing the Christian and the Hebrew religions.
In so far as the importation of firearms into Russia is not prohibited, German merchants may bring with them samples of such weapons, but only under the express condition that these merchants submit to all general and local regulations which are or will be in force regarding firearms.
To Article 14.
The contracting parties reserve to themselves the right of concluding a special agreement regarding navigation and rafting on inland waters which directly or indirectly connect both countries. Until the conclusion of this agreement German vessels, their crews, and German raftsmen on Russian inland waterways, and Russian vessels, their crews, and Russian raftsmen on German inland waterways may engage in towing and commercial navigation, including the transportation of passengers as well as rafting under the same conditions as the natives themselves.
German vessels bound for Russia on inland waterways which connect both countries, intending to return to Germany, are admitted into Russia without having to pay import duty or making a deposit as security for same.
The time with in which such vessels must return to Germany is two years from the day of their arrival in Russia. Should a vessel be sold in Russia or remain there more than two years, the corresponding import duty must be paid. Should the vessel be detained, owing to circumstances beyond the captain's control, such as low waterlevel, average demanding considerable repairs, and other similar reasons, the above-mentioned period must be extended. Import duties are not levied should the vessel be lost through fire or wreck.
No fees shall be paid for certificates stipulating the re-exit of vessels or payment of import duties.
The certificate of the ship's gauge will be deposited with the Russian customs authorities for the term of the vessel's stay in Russia.
To Article 20.
The contracting parties will support each other, as far as possible, in the question of railroad tariffs, in particular by means of establishing through freight tariffs. Such through freight tariffs should be established to facilitate the export from Russia, as well as as the import to Russia, in accordance with the demands of trade, particularly regarding the German ports, Danzig (Neufahrwasser), Königsborg (Pillau), and Memel.
In respect to the articles which in the Russian railroad tariff are classified under grain, also in regard to flax, hemp and wood, freight tariffs from Russian stations of departure to the above-named ports shall be drawn up and distributed among German and Russian railways participating in the transportation, in accordance with the present regulations regarding Russian railways leading to the ports of Libau and Riga, or such regulations as may be subsequently introduced. The same holds good in the case of re-forwarding. Extra charges which may be collected in addition to the freight tariff rates shall be drawn up in the same manner and the total, in agreement with Russian regulations, shall be divided among the railroads concerned; in this connection, an agreement has been arrived at, to the effect that only one frontier tax shall be collected, divided equally between the Russian and German lines leading to the frontier.
The special provisions for regulating competition between Königsberg and Danzig which are now in force shall remain so.
Tariff favors granted on German or Russian railways to goods imported by sea, must, at the demand of the interested Government, be granted by railways leading from the frontier to similar products over the rail stretch lrom the frontier station to the receiving station. In this case the extent of the favors granted per kilometer or per verst in traffic across the inland frontier, should be the same as in traffic through sea ports.
No distinction, especially in respect to tariff rates, is to be made in regard to the nationality of the importing vessels of the contracting parties, in case the imported goods are further transported by rail or by inland waterways.
The Russian Government will see to it that railway freight tariffs, for transportation from Russia to Germany of phosphorites and other phosphates, as well as ores, in force until 1 August, 1914, should not be increased to a greater extent than corresponds to the general average increase of the Russian railway tariffs in proportion to distances in the same way as these were used as a basis of the tariffs in question prior to 1 August /19 July, 1914. At the request of the German Government, the sea tariffs will be applied to new stations of departure and destination.
The contracting parties agree, that in regard to railway matters, mutual trafhc relations between Germany and Russia shall be the same as before the war, and that disadvantages, which might result from the subdivision of the Russian railway system into independent railway systems,will be as far as possible removed. To this end both parties are prepared to concur in a convention, binding on the railways of Germany, Russia, and the States and administered territories which have detached themselves from the Russian Empire, to regulate in this sense the stipulations contained in Article 20 of the present treaty and in this concluding protocol, and especially to reestablish the continuity of railway tariffs, existing before the war, for communication with the ports of the Baltic Sea, the Black and the Azoff Seas.
TO THE CUSTOMS REGULATIONS.
Authorization to consign goods under customs control to other custom houses is extended by both parties to all custom houses of the first class, which have no railroad communications with the offices having warehouses. It is stipulated, however, that such consignments remain subject to pertinent laws and regulations.
Both parties agree that the custom houses of both countries shall remain open every day of the year, except Sundays and legal holidays.
The time tables of office hours shall be posted in the custom houses of both countries.
Office hours for examination of passports and legitimation cards shall be fixed for each district and for each frontier crossing, by special agreemont between the respective departments of the two countries. Both parties shall appoint the same hours, taking into account local needs, and in custom houses of the third class, in supplementary custom houses, and at frontier crossings, a recess shall be granted for the employees' meals.
Merchandise liable to customs duty, imported by persons having a duly executed permit to cross the frontier, may be declared orally in both countries and at all custom houses within the limits of their competency, provided the merchandise is not imported for the purpose of trade and that the sum due as customs duty does not exceed:
Fifteen Roubles for imports to Russia; and
Thirty-five Marks for imports to Germany.
Transfer offices are hereby empowered to clear foodstuffs (with the exception of brandy and other spirituous liquors) as well as articles exclusively intended for household use.
Without derogating from special regulations regarding river craft, vehicles of every kind together with their accessories, which during their importation serve to carry passengers or goods, and which are only for this purpose temporarily brought into Russia by persons known to the Russian or German customs authorities, are admitted by Russian authorities free of dues and without depositing security for such duty, if the carrier obhgates himself to reexport the same within a specified time. The obligation to this effect, which must be in writing, shall be made out free of charge.
No special declaration of goods imported into Russia by land is necessary, if the goods are accompanied by a way bill. In such instances it is sufficient to present the way bill to the Customs Officer at the time of entry. The number of horses and vehicles in a transport as well as the total of way bills and packages are entered on one of the way bills which entry is then signed by the head driver.
Flowers and living plants, fresh fruit, and fresh fish, as well as all rapidly perishable goods, shall except when prevented by force majeure, be cleared by both parties inside of 24 hours after arrival of the goods at the customs warehouses.
The charges for affixing identification marks to the goods are not to exceed 5% of the customs duty.
The charges for affixing identification seals in the case of buttons, ribbons, lace, embroideries, and furs are not to exceed l Copeck for each seal. The total charge in each individual case for sealing is not to exceed 5% of the amount of the import duty.
But if the interested person wishes that the merchandise should be sealed in a manner exceeding the needs of identification, the said person is bound to pay the additional charge thereby incurred.
The stamping of German gold and silver ware is not liable to higher or special charges than the stamping of similar articles of home production.
Storage on imported goods shall he collected by the Russian customs authorities only for the exact time the goods were in storage in the customs warehouses beginning from the fourth day after the customs examination began.
However, the period for which no storage charges are made shall be limited by the time allowed in each custom house for declaring imported goods, that is, 5 to 14 days, with the addition of the 3 days provided for in paragraph 1 preceding.
As long as this Treaty remains in force, the Russian Government binds itself not to alter in any way the stipulations of Articles 15 and 16 of the Berne Convention of 14 October, 1890, which regulate the sender's right to dispose of the goods.
The stipulation contained in Article 292 of the Russian Regulations of 15 May, 1901, concerning the importation of goods, according to which the difference between the weight declared and the actual weight of the goods as revealed at the examination, if not exceeding 5% of the total weight of the goods, is modified, and the limit of permissible difference increased to 10% of the total weight.
The right of complaint against decisions of Russian custom house authorities regarding fines for incorrect or fraudulent declaration, or regarding the tariff classifications of merchandise, belongs to the sender of the goods, as well as to the declarant.
Such complaints may be drawn up in the German language by the sender of the goods.
The time limit for presenting complaints in cases mentioned, in §12, both for the sender and the declarant, is fixed at two months from the date when the decision of the custom house is made known to the declarant. As regards the tariff classification of goods, the sender has the right to lodge complaint during the above-mentioned term only if the goods in question are still in the customs warehouses.
German consuls in Russia and Russian consuls in Germany shall have the right to communicate directly, the former with the Russian customs department and the latter with the representatives of German custom house authorities (and provincial customs director, etc.), in regard to customs complaints pending before such authorities.
Conductors, engine drivers, and other railway employees of either of the two contracting parties, who are detected conveying contraband goods on trains going into the territory of the other party, shall, on application of the competent custom house authorities, lose the right to accompany trains to the frontier.
All quarantine and veterinary police measures, to wit: orders to close or open the frontiers for any kind of merchandise, or alterations in the respective local regulations and so forth, shall immediately, on publication, be communicated to each other by the two contracting parties.
All local measures undertaken at the initiative of the circuit representative (Landrat in Germany, Nachalnic Ujesda, Ispravnik in Russia) shall be directly communicated to the respective heads of the districts of the other country. Such communication must contain the motives of the measures unless these are self evident.
Measures taken in Germany by the administrative head of a province (Oberpräsident), or by the president of a government board, and those taken in Russia by the Governor General or Governor, shall mutually be communicated to officials of corrosponding rank. Communications giving the reasons for such measures shall be conveyed through diplomatic channels.
Measures adopted by the central authoritios of the two countries shall, together with the reasons for same, be communicated to each othor through diplomatic channels.
Both parties agree that information regarding veterinaray measures shall be mutually communicated if possible before they are made public and, in any case not later than simultaneously with their publication.
Both Governments will exchange lists indicating the authorities on both sides who are to exchange communications according to tho above described procedure.
Quarantine regulations against epidemic diseases shall be applied by both parties to all travelers crossing the frontier, regardless of their nationality, in accordane with the danger of infection.
Neither party will hinder the return of travelers sent back for lack of a passport or for non payment of customs duties; in circumstances mentioned nbove both parties shall readmit even foreign subjects, especially if the latter have not yet reached the interior. The respective authorities on both sides shall agree as to the necessary measures.
Jewish emigrants of Russian origin bearing Russian emigration certificates and other parties sent back to Russia by German authorities must be readmitted by the Russian frontier authorities, provided these persons have not stayed in Germany more than one month, counting from the day when they crossed the Russo-German frontier.
The frontier authorities of both contracting parties shall be instructed to have all vagabonds and other such persons possessing no passport, who are to be readmitted to the territory of the other party, whose subjects they are, conveyed exclusively to such points on the frontier as have facilities for sending off travelers.
Appendices: The Russian Fleet
STATUS OF THE RUSSIAN FLEET, 14 SEPTEMBER, 1918.
The following information as to the present status of the former Russian Navy has been derived from all available sources. The reports on this subject have been many, and often conflicting, and of doubtful authenticity; all such reports have been carefully collated, and reliance has been placed only upon those which seemed worthy of credence. It is believedl that the conclusions thus formed are in general correct, but it is impossible to guarantee the accuracy of each detail of information herein set forth.
At the time of the October Revolution, 1917, the Russian Navy was divided into four main forces, namely:
1. The Baltic Fleet.
2. The Black Sea Fleet.
3. The Arctic and White Sea Squadron.
4. The Pacific Squadron.
In addition to these principal forces, a flotilla of gunboats and special service vessels were operating independently (1) in the Danube River and (2) in the Caspian Sea. The present status and disposition of these several forces will now be considered separately:
1. BALTIC FLEET.
New dreadnaughts, all at Cronstadt, in the hands of the Soviet Government
Older battleships. Reported to be at Cronstadt, all in the hands of the Soviet Government.
These four battle cruisers were building at Petrograd; at least two were nearing completion in January, 1918. They are all in the hands of the Soviet Government.
These cruisers have been reported at Cronstadt or Petrograd, in the hands of the Soviet Government. However, there is a well-founded report that the Admiral Makharoff struck a mine and sunk off Revel, 9 April, 1918, but this is is unconfirmed. There is also an unconfirmed report that the Rurik was caught in the ice near Revel and fell into the hands of the Germans in March, 1918.
Dismantled at Liverpool, June, 1917.
Diana (mine layer)
All these cruisers are reported to be at Cronstadt or Petrograd, in the hands of the Soviet Government.
LIGHT CRUISERS BUILDING.
These were building at Petrograd and nearly completed in January, 1918. They are doubtless in the hands of the Soviet Government.
Of the same class, were building and nearly completed at Revel. These doubtless fell into the hands of the Germans when they occupied that port early in 1918.
In January, 1918, the Baltic Fleet included about 86 destroyers, of which 14 were large new vessels ranging from 1,200 to 1,600 tons. There were also a number of small torpedo boats. A large number of the destroyers, perhaps 30, were unable, on account of the ice, to leave Helsingfors when the Germans occupied that port in April, 1918; they have since been disarmed and probably stripped. They are under control of the German-Finnish Government. The remainder of the destroyers and torpedo boats are reported at Cronstadt or Petrograd, while some are said to have taken refuge in Lake Ladoga. All of those are, of course, under control, such as it is, of the Soviet Government. Sixteen destroyers under construction at Revel are doubtless in the hands of the Germans; 10 are under construction at Petrograd.
In January, 1918, the Baltic Fleet included probably 32 submarines. Six or eight of these fell into the hands of the Germans at Revel, and about 15 at Helsingfors. The remainder are reported at Petrograd or Cronstadt under control of the Soviet Government. It is possible that several were blown up by their own crews at Hango just before the German occupation of that port. Seven British submarines that had been operating with the Russian Fleet in the Baltic were thus destroyed outside of Helsingfors by order of the Admiralty between 3 and 8 April, 1918. A number of unfinished submarines may have fallen into the hands of the Germans at Revel. There are also a few unfinished in Petrograd.
An immense train of auxiliaries is thought to be for the most part in Cronstadt and Petrograd under the control of the Soviet Government, but a few fell into the hands of the Germans at Revel and Abo, and a considerable number remained at Helsingfors until after the German occupation. The latter have been seized by the Finnish Government.
All dreadnaughts, battleships, unfinished battle cruisers, and cruisers are in the hands of the Soviet Government with the possible exception of the cruiser Admiral Makharoff, which may have been sunk by a mine, and of the cruiser Rurik, which may have remained in Revel and fallen into the hands of the Germans. The cruisers Admiral Greig and Svietlana, building at Revel, are in the hands of the Germans. Torpedo craft, submarines, and auxiliaries are partly in Soviet hands, partly in German or Finnish hands, and partly destroyed as above set forth.
The fleet in the hands of the Soviet Government is completely demoralized; many of the ships have been stripped by their crews; discipline is practically nonexistent, and in all cases the crews have been much depleted.
The Baltic Fleet can not be considered as a fighting force; it is practically at the mercy of any enemy force that may occupy Cronstadt or Petrograd.
2. BLACK SEA FLEET.
Volya (formerly Imperator Alexander III): Before the occupation of Sevastopol by the Germans, 4 May, 1918 this ship, a new dreadnaught, escaped from Sevastopol to Novorossisk, but upon the demand of the Germans she was returned to Sevastopol early in June, 1918, and is now in their hands.
Swobodnaya Rossiva: (formerly Imperatriza Ekaterina II): This ship likewise e