2. TREATY OF PEACE WITH AUSTRIA. Signed at Vienna, August 24, 1921. Ratification advised by the Senate, October 18, 1921. Ratified by Austria, October 8, 1921. Ratifications Exchanged at Vienna, November 8, 1921. Preamble: Section 1. End of the war declared. Article 4. Rights of United States, etc., reserved. 5. Disposition of property held by United States. (1) Rights, etc., for United States stipulated in (2) Provisions not binding on United States, un- (3) Obligations not assumed by United States. (5) Time limitations. III. Exchange of ratifications. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION [Preamble.] WHEREAS, by a Joint Resolution of Congress approved March 3, 1921, it was declared that certain acts of Congress, joint resolutions and proclamations should be construed as if the war between the United States of America and the Imperial and Royal Austro-Hungarian Government had ended, but certain acts of Congress and proclamations issued in pursuance thereof were excepted from the operation of the said resolution; WHEREAS, by a Joint Resolution of Congress approved July 2, 1921, the state of war which was declared by the Joint Resolution of Congress approved December 7, 1917, to exist between the United States of America and the Imperial and Royal Austro-Hungarian Government was declared at an end; WHEREAS, a treaty between the United States and Austria to establish friendly relations between the two nations was signed at Vienna on August 24, 1921, which treaty is word for word as follows: The United States of America and Austria: Considering that the United States, acting in conjunction with its co-belligerents entered into an Armistice with Austria-Hungary on November 3d, 1918, in order that a Treaty of peace might be concluded; Considering that the former Austro-Hungarian Monarchy ceased to exist and was replaced in Austria by a republican Government; Considering that the Treaty of St. Germain-enLaye to which Austria is a party was signed on September 10th, 1919, and came into force according to the terms of its Article 381, 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 2a, 1921, which reads in part as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, [End of the war declared.] That the state of war declared to exist between the Imperial and Royal Austro-Hungarian Government and the United States of America by the joint resolution of Congress approved December 7th, 1917, is hereby declared at an end. Section 4. [Rights of United States, etc., reserved.] 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 3, 1918, or any extension 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 St. Germain-en-Laye or the Treaty of Trianon, 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. Section 5. [Disposition of property held by United States.] All property of the Imperial German Government, or its successor or successors, and of all German nationals which was on April 6th, 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 7th, 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 AustroHungarian 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 31st, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, 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 its 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 Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America." |