Treaty Between the United States and Germany Signed at Berlin August 25, 1921 [The vertical rule indicates treaty text.] The United States of America and Germany: Considering that the United States, acting in conjunction with its co-belligerents, entered into an Armistice with Germany on November 11, 1918, in order that a Treaty of Peace might be concluded; Considering that the Treaty of Versailles was signed on June 28, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States; Considering that the Congress of the United States passed a Joint Resolution, approved by the President July 2, 1921, which reads in part as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917, is hereby declared at an end. "SEC. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. "SEC. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government, or its agents, or the Imperial and Royal Austro-Hungarian Government, or its agents, since July 31, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, AustroHungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted to persons owing permanent allegiance to the United States of America most-favored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures, penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal Austro-Hungarian Government or AustroHungarian nationals, and shall have waived any and all pecuniary claims against the United States of America." Being desirous of restoring the friendly relations existing between the two Nations prior to the outbreak of war: Have for that purpose appointed their plenipotentiaries: THE PRESIDENT AMERICA OF THE UNITED STATES OF ELLIS LORING DRESEL, Commissioner of the United States of America to Germany, and THE PRESIDENT OF THE GERMAN EMPIRE DR. FRIEDRICH ROSEN, Minister for Foreign Affairs, Who, having communicated their full powers, found to be in good and due form, have agreed as follows: ARTICLE I. Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States. ARTICLE II. With a view to defining more particularly the obligations of Germany under the foregoing Article with respect to certain provisions in the Treaty of Versailles, it is understood and agreed between the High Contracting Parties: (1) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV, and XV. The United States in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this paragraph will do so in a manner consistent with the rights accorded to Germany under such provisions. (2) That the United States shall not be bound by the provisions of Part I of that Treaty, nor by any provisions of that Treaty including those mentioned in Paragraph (1) of this Article, which relate to the Covenant of the League of Nations, nor shall the United States be bound by any action taken by the League of Nations, or by the Council or by the Assembly thereof, unless the United States shall expressly give its assent to such action. (3) That the United States assumes no obligations under or with respect to the provisions of Part II, Part III, Sections 2 to 8 inclusive of Part IV, and Part XIII of that Treaty. (4) That, while the United States is privileged to participate in the Reparation Commission, according to the terms of Part VIII of that Treaty, and in any other Commission established under the Treaty or under any agreement supplemental thereto, the United States is not bound to participate in any such commission unless it shall elect to do so. (5) That the periods of time to which reference is made in Article 440 of the Treaty of Versailles shall run, with respect to any act or election on the part of the United States, from the date of the coming into force of the present Treaty. ARTICLE III. The present Treaty shall be ratified in accordance with the constitutional forms of the High Contracting Parties and shall take effect immediately on the exchange of ratifications which shall take place as soon as possible at Berlin. IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty and have hereunto affixed their seals. Done in duplicate in Berlin this twenty-fifth day of August 1921. [SEAL] ELLIS LORING DRESEL [SEAL] ROSEN Unlike other treaties of the United States, the treaty restoring friendly relations between the United States and Germany was published in three editions with differing content. The first edition was issued in November 1921 as a 9-page pamphlet, the treaty being embodied in the proclamation of the President of November 14, 1921. It was reissued with the addition of the instrument of ratification, dated October 21, 1921, reciting the understandings of the Senate in giving its advice and consent. This 10-page edition is reproduced in 42 Stat. 1939. In September 1922 Treaty Series 658 was reissued, containing the treaty in that second form in a pamphlet running to 121 pages. The additional material consisted of those parts of the treaty of peace with Germany listed in article II (1) "which stipulated the rights and advantages which it is intended the United States shall have and enjoy". The part of the treaty of peace with Germany listed in article II (2), by the provisions of which "the United States shall not be bound”, and those parts listed in article II (3) under which "the United States assumes no obligations", were not annexed. This edition is current. The treaty of peace between the United States and Austria. signed at Vienna August 24, 1921 and in force November 8, 1921, was published in 9 pages as Treaty Series 659 as embodied in the proclamation of November 17, 1921. It was republished as a treaty establishing friendly relations in the current 113-page edition of Treaty Series 659, with the instrument of ratification of October 21, 1921 and parts V, VI, VIII, IX, X, XI, XII, and XIV of the Treaty of SaintGermain-en-Laye concluded September 10, 1920. The reproduction in 42 Stat. 1946 includes the proclamation and instrument of ratification. The proclamation of this treaty recites that the war existing between the United States and the Imperial and Royal Austro-Hungarian Government since December 7, 1917 terminated on July 2, 1921. The treaty establishing friendly relations between the United States and Hungary, signed at Budapest August 29, 1921 and in force December 17, 1921, was published in 5 pages as Treaty Series 660 as embodied in the proclamation of December 20, 1921 and with the instrument of ratification dated October 21, 1921. The proclamation made no reference to termination of the state of war declared against the Austro-Hungarian Government on December 7, 1917. In this form it was reproduced in 42 Stat. 1951. The second and current edition of Treaty Series 660 runs to 118 pages and contains parts V, VI, VIII, IX, X, XI, XII, and XIV of the Treaty of Trianon concluded June 4, 1920. Germany and the Treaty of Peace The German Government executed its obligations under the treaty at the outset as it found execution necessary or advisable. Much of the machinery of treaty execution became stabilized, and continuing operations took on an appearance of smoothness, which was enhanced by a tendency to introduce negotiating techniques in the relations involved. Moreover, many provisions of the treaty were either executed or given a new form by subsequent action. During the ascendancy of Gustav Stresemann as Chancellor (1924-29) a "policy of fulfilment" was proclaimed, which was not entirely abandoned until the accession of the National Socialists to power in 1933. The form of the negotiations at Paris was not to the liking of the Germans. They received "Conditions of Peace" worked out by the victors and after being summoned to receive them handed in proposals |