citizens of a third country, and to all property of a similar nature, and further if the owner immediately receives compensation in cash. The amount of the compensation to be paid, in accordance with paragraph 1, shall be determined by two experts, of whom one shall be appointed by the Russian Government, and the other by the rightful claimant; should these persons not come to an agreement, they shall invite a third expert as chairman, who shall be appointed by the Swedish Consul, if no other arrangement has been made. ARTICLE 12 Property which has been expropriated in accordance with Article 11, or whose owner has been deprived of the right to dispose of it, shall be returned to the owner on his demand, against the return of the money paid him in compensation, and with regard being had to possible improvement or damage, in all cases where the property does not remain in the public possession of the State or of local self-government bodies, or if the expropriation or other form of withdrawal of similar property is annulled as regards the inhabitants of the country, or the citizens of a third country; the demand for return of the property must be made within a year of the time it can be claimed. ARTICLE 13 The provisions of paragraph 2, article II, and of article 12, find corresponding application in so far as property of Germans in Russia has been expropriated or its owner deprived of the right to dispose of it, after July 1, 1918, and before the coming into force of this agreement. Demands for return in cases mentioned in paragraph 1, can be made when an expropriation or any other form of withdrawal of similar property has not been carried out in regard to inhabitants of the country, or citizens of a third country; such demands must be made within one year after the coming into force of this agreement. ARTICLE 14 German creditors may demand satisfaction in respect to their claims arising before July 1, 1918, and immediately after these have fallen due, from the balances of their debtors in Russian banks, if their claims are recognized as valid by both the debtor and the bank. In case there is no acknowledgment on the part of the debtor, a court decision having the force of law may be substituted; if the validity of the claim is disputed by the bank, the matter is decided by the commissions in Petrograd and Moscow, referred to in paragraph 3, article 7. ARTICLE 15 The Russian-German Convention of October 31 (November 12), 1874, regarding inheritances shall remain in force on condition that, in regard to all cases of inheritance which will arise after the new regulations of rights of inheritance in Russia, the provisions for movable property shall apply also to immovable property, and that the inheritance shall be taxed only by the native State of the deceased, and further that the Convention shall not be disclaimed during the whole period when the right of inheritance in Russia is abolished or essentially limited. Further, the contracting parties reserve the right to supercede certain provisions of the Convention regarding inheritance, which have proved to be inapplicable in practice, by new provisions more suited to present conditions. CHAPTER IV CONCLUDING PROVISIONS ARTICLE 16 This Agreement shall be ratified and exchange of ratification documents shall take place in Berlin by September 6, 1918. This Agreement comes into force on the day of the exchange of ratification documents. In witness whereof the plenipotentiaries have signed and sealed this Agreement. Executed in duplicate in Berlin, August 27, 1918. INTERNATIONAL CONCILIATION Published monthly by the American Association for International Conciliation. GERMAN SECRET WAR DOCUMENTS Covering the Period June 15 to August 5, 1914, and Published by the German Government in 1919 EDITORIAL OFFICE: 407 WEST 117TH STREET, NEW YORK CITY |