Note to IV, 151—Continued of the Khedive of June 22, 1886 (76 ibid., p. 746) modified that decree. The commission, in which Germany was not originally concerned, was established by an Egyptian decree of May 2, 1876 and was first appointed on May 22 (67 ibid., pp. 1014, 1024). The decree of the Khedive of November 28, 1904 (97 ibid., p. 41) reorganized the unified public debt service of the five categories of debt and provided for the commission to be composed of German, English, Austrian, French, Italian, and Russian nationals. ARTICLE 152. Germany consents, in so far as she is concerned, to the transfer to His Britannic Majesty's Government of the powers conferred on His Imperial Majesty the Sultan by the Convention signed at Constantinople on October 29, 1888, relating to the free navigation of the Suez Canal. She renounces all participation in the Sanitary, Maritime, and Quarantine Board of Egypt and consents, in so far as she is concerned, to the transfer to the Egyptian Authorities of the powers of that Board. Note to IV, 152 The convention of October 29, 1888 relating to the free navigation of the Suez Canal is printed in 79 British and Foreign State Papers, p. 18. The relations between Egypt and the United Kingdom with respect to the canal are based upon the provisions of the treaty of alliance, concluded by them on August 26, 1936, and in force for an initial period extending to December 22, 1956 (173 League of Nations Treaty Series, p. 401). ARTICLE 153. All property and possessions in Egypt of the German Empire and the German States pass to the Egyptian Government without payment. For this purpose, the property and possessions of the German Empire and States shall be deemed to include all the property of the Crown, the Empire or the States, and the private property of the former German Emperor and other Royal personages. All movable and immovable property in Egypt belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty. ARTICLE 154. Egyptian goods entering Germany shall enjoy the treatment accorded to British goods. SECTION VII.-Turkey and Bulgaria. ARTICLE 155. Germany undertakes to recognise and accept all arrangements which the Allied and Associated Powers may make with Turkey and Bulgaria with reference to any rights, interests and privileges whatever which might be claimed by Germany or her nationals in Turkey and Bulgaria and which are not dealt with in the provisions of the present Treaty. Note to IV, 155 See articles 258-61 of this treaty. The arrangements with Bulgaria particularly referred to are those contained in the treaty of peace with Bulgaria signed at Neuillysur-Seine on November 27, 1919 (112 British and Foreign State Papers, p. 781). The treaty of peace with Turkey was signed at Lausanne on July 24, 1923 (28 League of Nations Treaty Series, p. 11) and was in force August 6, 1924. SECTION VIII-Shantung. ARTICLE 156. Germany renounces, in favour of Japan, all her rights, title and privileges-particularly those concerning the territory of Kiaochow, railways, mines and submarine cables-which she acquired in virtue of the Treaty concluded by her with China on March 6, 1898, and of all other arrangements relative to the Province of Shantung. All German rights in the Tsingtao-Tsinanfu Railway, including its branch lines, together with its subsidiary property of all kinds, stations, shops, fixed and rolling stock, mines, plant and material for the exploitation of the mines, are and remain acquired by Japan, together with all rights and privileges attaching thereto. The German State submarine cables from Tsingtao to Shanghai and from Tsingtao to Chefoo, with all the rights, privileges and properties attaching thereto, are similarly acquired by Japan, free and clear of all charges and encumbrances. Note to IV, 156 The convention between China and Germany concerning the lease of Kiaochow signed at Peking March 6, 1898 (95 British and Foreign State Papers, p. 1005) was exacted from China in consequence of the death of certain German missionaries in Chinese territory. This article was included in the treaty in consequence of two prior conditions: 1. The Japanese declaration of war against Germany of August 23, 1914 was preceded by an ultimatum of August 15 (Naval War College, International Law Documents . . . 1917, p. 176) which contained this demand: "Second. To deliver on a date not later than September 15, 1914, to the Imperial Japanese authorities without condition or compensation the entire leased territory of Kiaochou with a view to eventual restoration of the same to China." The demand was made with the knowledge and support of Great Britain, with which Japan was then in alliance under the agreement of July 13, 1911 (104 British and Foreign State Papers, p. 173). 2. The Japanese representative on the Council of Ten at the Paris Peace Conference on January 27, 1919 presented a claim to cancel all German interests in the leased territory of Kiaochow (Foreign Relations, The Paris Peace Conference, 1919, 1, 738). The Chinese representative argued for direct restitution to China instead of the indirect restitution proposed by Japan, whose treaty with China of May 25, 1915 (Foreign Relations, 1915, p. 197) avoided rather than dealt with that point. On April 15 the Japanese representative on the Council of Foreign Ministers made the definite statement "that the areas leased by Germany in China should positively be returned to China" (Foreign Relations, The Paris Peace Conference, 1919, iv, 556). Article 156 was drafted in the light of that undertaking. The German delegation declared that Germany was prepared to renounce all rights and privilege in Kiaochow and Shantung, provided it was indemnified for the loss of state property (ibid., v1, 844). The Allies refused to make compensation for state property, but were prepared to apply to such private rights of German nationals. as might be proved "the general principles laid down in the Conditions of Peace in respect of compensation of this character" (ibid.,, p. 954). At the Washington Conference in 1921-22 care was taken to see Note to IV, 156—Continued that Japan's undertaking would be carried out, and negotiations were then begun for its rendition of Shantung to China. China and Japan signed a treaty "for the settlement of outstanding questions relative to Shantung" at Washington on February 4, 1922 (10 League of Nations Treaty Series, p. 309). It entered into force on June 2, 1922. The restoration to China of the former German leased territory of Kiaochow was effected by a joint commission which completed its work within six months. The maritime customhouse at Tsingtao and the salt industry were fully transferred, and Japanese troops and gendarmes were withdrawn promptly and unconditionally. The transfer of public properties, of the Tsingtao-Tsinanfu Railway, the extensions of the railway, the mines, and the former German submarine cables were subject to conditions, principally designed to conserve or carry over Japanese interests involved. An agreement signed at Peking on December 1, 1922 and immediately in force made detailed arrangements for the settlement of outstanding questions relative to Shantung (22 League of Nations Treaty Series, p. 179). The transfer of the former German leased territory of Kiaochow by Japan to China was effected on December 10, 1922. Japanese troops were withdrawn, Japanese leases that were retained were extended 30 years, and China paid yen 16,000,000 for Japanese public property. A similar agreement of December 5, 1922 dealt with questions relative to the Tsingtao-Tsinanfu Railway (ibid., p. 293), for which China agreed to pay yen 40,000,000. ARTICLE 157. The movable and immovable property owned by the German State in the territory of Kiaochow, as well as all the rights which Germany might claim in consequence of the works or improvements made or of the expenses incurred by her, directly or indirectly, in connection with this territory, are and remain acquired by Japan, free and clear of all charges and encumbrances. Note to IV, 157 German railroads and mines in Kiaochow transferred to Japan were credited on the reparation account at 551,742 gold marks. All Japanese receipts to January 20, 1930 amounted to 10,013,105 gold marks. ARTICLE 158. Germany shall hand over to Japan within three months from the coming into force of the present Treaty the archives, registers, plans, title-deeds and documents of every kind, wherever they may be, relating to the administration, whether civil, military, financial, judicial or other, of the territory of Kiaochow. Within the same period Germany shall give particulars to Japan of all treaties, arrangements or agreements relating to the rights, title or privileges referred to in the two preceding Articles. PART V. MILITARY, NAVAL AND AIR CLAUSES. Notes to Part V, Articles 159 to 213 The treaty restoring friendly relations between the United States and Germany, signed at Berlin, August 25, 1921 and in force on November 11, 1921 with retroactive effect to July 2, 1921, stipulates that "Germany undertakes to accord to the United States and the United States shall have and enjoy . . . all the rights and advantages" stipulated for its benefit by this part of this treaty, "notwithstanding the fact that such treaty has not been ratified by the United States". The rights and advantages of nationals of the United States specified in the joint resolution of Congress approved July 2, 1921 (p. 18) were specifically mentioned in an understanding included in the Senate's resolution of advice and consent to ratification of October 18, 1921. The Senate in that resolution made a further condition "that the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation". |