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I shall be glad if when bringing the foregoing resolution to the attention of your Government, Your Excellency will state that my Government hopes that the Austrian Government will find acceptable the reservation and understanding which the Senate has made a condition of its advice and consent to the ratification of the Treaty. You may regard this note as sufficient acceptance by the Government of the United States of this reservation and understanding. An acknowledgment of this note on the occasion of the exchange of ratifications, accepting by direction and on behalf of your Government the said reservation and understanding, will be considered as completing the required exchange of notes and the acceptance by both governments of the reservation and understanding. Accept [etc.]

G. B. STOCKTON

Treaty Series No. 838

The Austrian Vice-Chancellor and Federal Minister for Foreign

Affairs (Schober) to the American Minister in Austria (Stockton)

(Translation)

VIENNA, January 20, 1931. MR. MINISTER: In the name and by the direction of the Austrian Federal Government, I have the honor to acknowledge to Your Excellency the receipt of your communication of January 20, 1931, concerning the Treaty of Friendship, Commerce and Consular Rights between Austria and the United States, signed on June 19, 1928, and to advise you as follows:

The Austrian Federal Government has taken note of the resolution of the Senate of the United States, of February 11, 1929, of the following tenor:

[Here follows text of the resolution.] and declares itself in agreement therewith, subject to ratification thereof. Please accept [etc.]

SCHOBER

Treaty Series No. 839

Supplementary Agreement Between the United States of America and

Austria, Signed at Vienna, January 20, 1931 5

The United States of America and the Republic of Austria, by the undersigned Mr. Gilchrist Baker Stockton, Envoy Extraordinary

* In English and German; German text not printed. Ratification advised by the Senate, Feb. 20, 1931 (legislative day of Feb. 17); ratified by the President, Apr. 29, 1931 ; ratified by Austria, Mar. 28, 1931 ; ratifications exchanged at Vienna, May 27, 1931; proclaimed by the President, May 28, 1931.

and Minister Plenipotentiary of the United States of America at Vienna, and Dr. Johann Schober, Vice-Chancellor and Federal Minister for Foreign Affairs of the Republic of Austria, their duly empowered plenipotentiaries, agree, as follows:

Notwithstanding the provisions of the first paragraph of Article XXIV of the Treaty of Friendship, Commerce and Consular Rights, between the United States of America and the Republic of Austria, signed June 19, 1928, to the effect that the said Treaty shall remain in force for the term of six years from the date of the exchange of ratifications, it is agreed that the said Treaty may be terminated on February 11, 1935, or on any date thereafter, by notice given by either high contracting party to the other party one year before the date on which it is desired that such termination shall become effective.

Done in duplicate, in the English and German languages, at Vienna, this 20th day of January One Thousand Nine Hundred and Thirtyone. [SEAL]

G. B. STOCKTON [SEAL)

SCHOBER

TREATIES OF ARBITRATION AND CONCILIATION BETWEEN THE

UNITED STATES AND AUSTRIA, SIGNED AUGUST 16, 1928

711.6312 A/2: Telegram

The Secretary of State to the Minister in Austria (Washburn)

WASHINGTON, March 23, 192848 p. m. 23. Department handed Austrian Minister March 23 a draft of a proposed treaty of arbitration between the United States and Austria. The provisions of the draft operate to extend the policy of arbitration enunciated in the Convention which was signed at Washington January 15, 1909, but is not now in force and are identical in effect with the provisions of the arbitration treaty signed between the United States and France on February 6, 1928,” and with draft arbitration treaties submitted to the Spanish, British, Japanese, Italian, Nor. wegian, Hungarian, German, Portuguese, Danish and Dutch Gov. ernments. 8

Department also handed to the Minister draft of treaty of similar purport to the so-called Bryan treaties.

The text of these proposed treaties will be forwarded in next pouch.10

KELLOGG

Foreign Relations, 1909, p. 33. * See vol. II, pp. 816 ff.

* For correspondence concerning treaties with Denmark, Germany, and Great Britain, see vol. II, pp. 718 ff., pp. 862 ff., and pp. 943 ff.; for that with Italy, Japan, the Netherlands, and Spain, see vol. II, pp. 102 ff., pp. 135 ff., pp. 412 ff., and pp. 879 ff. The treaties with Hungary, Norway, and Portugal were concluded in 1929.

For the Bryan treaties for the advancement of general peace, see Foreign Relations, 1914, index, p. 1130; 1915, index, 1328; and 1916, index, p. 1007.

Drafts not printed.

10

711.6312 A/6

The Austrian Minister (Prochnik) to the Secretary of State No. 96/R

WASHINGTON, May 3, 1928. EXCELLENCY: I have the honor to notify Your Excellency that the Federal Government of Austria is willing and ready to conclude with the Government of the United States a treaty of arbitration between the United States of America and Austria as well as a conciliation treaty, and that it fully approves of and consent to the wording of the pertaining drafts as proposed by Your Excellency in your esteemed note of March 23rd," directed to this Legation.

The special power to conclude and sign these treaties as well as their German text is on the way and I shall not fail to notify Your Excellency as soon as these papers reach me. Accept (etc.)

EDGAR PROCHNIK

Treaty Series No. 776

Arbitration Treaty Between the United States of America and Aus

tria, Signed at Washington, August 16, 1928 12

The President of the United States of America and the Federal President of the Republic of Austria

Determined to prevent so far as in their power lies any interruption in the peaceful relations now happily existing between the two nations;

Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them; and

Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international rangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world;

Have decided to conclude a new treaty of arbitration enlarging the scope and obligations of the arbitration convention which was signed at Washington, January 15, 1909, but is not now in force, and for that purpose they have appointed as their respective Plenipotentiaries

The President of the United States of America, Mr. Frank B. Kellogg, Secretary of State of the United States of America; and

Not printed.

In English and German; German text not printed. Ratification advised by the Senate, Dec. 18, 1928 (legislative day of Dec. 17); ratified by the President, Jan. 4, 1929; ratified by Austria, Jan. 17, 1929; ratifications exchanged at Washington, Feb. 28, 1929; proclaimed by the President, Feb. 28, 1929.

The Federal President of the Republic of Austria, Mr. Edgar L. G. Prochnik, Envoy Extraordinary and Minister Plenipotentiary to the United States of America,

Who, having communicated to one another their full powers found in good and due form, have agreed upon the following articles:

ARTICLE I

All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to an appropriate commission of conciliation, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference.

The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of Austria in accordance with its constitutional laws.

ARTICLE II

The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which

(a) is within the domestic jurisdiction of either of the High Contracting Parties,

(6) involves the interests of third parties,

(c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine,

(d) depends upon or involves the observance of the obligations of Austria in accordance with the Covenant of the League of Nations.

ARTICLE III

The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by Austria in accordance with its constitutional laws.

The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of the ratifications. It shall thereafter remain in force continuously unless and until terminated by one year's written notice given by either High Contracting Party to the other.

In faith whereof the respective Plenipotentiaries have signed this treaty in duplicate in the English and German languages, both texts having equal force, and hereunto affixed their seals.

Done at Washington the sixteenth day of August in the year of our Lord one thousand nine hundred and twenty-eight.

FRANK B. KELLOGG [SEAL)
EDGAR PROCHNIK [SEAL]

Treaty Series No. 777

13

Conciliation Treaty Between the United States of America and

Austria, Signed at Washington, August 16, 1928 1 The President of the United States of America and the Federal President of the Republic of Austria, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their Plenipotentiaries:

The President of the United States of America, Mr. Frank B. Kellogg, Secretary of State of the United States of America; and

The Federal President of the Republic of Austria, Mr. Edgar L. G. Prochnik, Envoy Extraordinary and Minister Plenipotentiary to the United States of America,

Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and concluded the following articles:

ARTICLE I

Any disputes arising between the Government of the United States of America and the Government of Austria, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to adjudication by a competent tribunal, be submitted for investigation and report to a permanent International Commission constituted in the manner prescribed in the next succeeding Article; and the High Contracting Parties agree not to declare war or begin hostilities during such investigation and before the report is submitted.

1 In English and German; German text not printed. Ratification advised by the Senate, Dec. 20, 1928; ratified by the President, Jan. 4, 1929; ratified by Austria, Jan. 17, 1929; ratifications exchanged at Washington, Feb. 28, 1929; proclaimed by the President, Feb. 28, 1929.

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