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Fugitives, with regard to their property which they were unable to take out of
the country under the re-evacuation of Fugitives Treaty of the 30th June, 1920,
enjoy the same rijihts as are provided for in this article in regard to optants, but
only in so far as they do prove that such property belongs to them and was at
the time of the re-evacuation in their actual possession.

Article 7

Fugitives of both contracting parties, who desire to return to their country
of origin, shall be returned to such country at the earliest possible date.

The order and conditions of re-evacuation are to be established by arrangement
between the Governments of the contracting parties.

Article 8

Both contracting parties mutually renounce all accounts whatsoever arising
from the fact of Lithuania having in the past belonged to the past Empire of
Russia, and acknowledge that State property of various denominations, existing
on the territory of either of them, constitutes the inalienable property of the
respective State. However, if property thus belonging to Lithuania has been
removed from its territory after the 1st August, 1914, by a third State, the right
of claiming same passes to the Lithuanian State.

To the Lithuanian State are transferred all the claims of the Russian Treasury
burdening properties situated within the Lithuanian State, and also all claims
against Lithuanian citizens, but only for the amomits not liquidated by counter-
claims subject to acceptance in payment on account.

eemabks

The right of claiming from small peasants their debts to the former Russian
Peasants' Land Bank and others, now nationalised Russian laud banks, and also
the right of claiming the debts due to the former Russian Noblemen's Land Bank
and others, now nationalised Russian land banks, secured on landed estates, in
the event of such estates passing into the possession of small and landless pea-
sants, are not transferred to the Lithuanian Government, but are considered can-
celled.

The documents and deeds, in proof of the titles referred to in this article, shall
be delivered by the Russian Government to the Lithuanian Government as far as
they are actually in the possession of the former. In the event of it being im-
possible to effect this within the period of one year from the date of the ratifica-
tion of the present treaty, such documents and deeds shall be deemed to be lost.

Article 9

(1) The Russian Government shall return at its expense to Lithuania, and
shall hand over to the Lithuanian Government, the libraries, archives, museums,
objects of vertu, educational supplies, documents, and other property of educa-
tional establishments, scientific, governmental, religious, communal and profes-
sional institutions, in so far as the said objects have been removed beyond the
limits of Lithuania during the world war of 1914-1917, and which actually are
or shall prove to be in the keeping of the governmental or communal establish-
ments of Russia.

As regards the archives, libraries, museums, objects of vertu, and documents,
which are of material scientific, artistic, or historical value to Lithuania, and
had been removed from tlie confines of Lithuania to Russia prior to the world
war of 1914-1917, the Russian Government agrees to return the same to Lith-
uania, in so far as their elimination may not cause serious deficiencies in the
Russian archives, libraries, museums, picture galleries, in which they are kept.

The questions relating to such elimination are to be dealt with by a special
mixed commission of an equal number of members of the two contracting parties.

(2) The Russian Government shall return at its expense, and shall hand over
to the Lithuanian Government, all the judicial and governmental dossiers, ju-
dicial and governmental archives, including amongst these also the archives of
senior and junior notaries, the archives of mortgage registries, the archives of
the Consistorial Departments of all confessions, the archives and plans of the
surveying, land-establishment, forestal, railway, roadway, postal and telegraphic
and other ofiiees, the plans, drawings, maps and, generally, all the material of
the topographical section of the military district of Vilno, removed during the



478 BALTIC STATES INVESTIGATION

world war of 1914-1917 from the confines of Lithuania, in so far as they refer
to the territory of the Lithuanian State; the archives of the local hranches of
the noblemen's and peasants' banks, of the branches of the State bank and of all
other credit, co-operative, mutual assurance establishments; also the archives
and affairs of private establishments of Lithuania in so far as all the said objects
actually are or shall prove to be in the keeping of governmental or communal
establishments of Paissia.

(3) The Russian Government shall return at its expense, and shall hand over
to the Lithuanian Government for delivery to whomsoever it may concern,- all
kinds of title deeds, such as: purchase and mortgage deeds, agreements of
lease, all kinds of cash securities, etc. including amongst these books, papers and
documents required to effect settlements, and, generally, documents which are
of importance for determining the ownership and legal titles of Lithuanian citi-
zens, and which have been removed from the confines of Lithuania during the
world war of 1914-1917, as far as the same actually are or shall prove to be in
the keei)ing of governmental or communal establishments of Russia. In the
event of their not being returned within two years from the date of the ratifi-
cation of this treaty, such documents shall be deemed to be lost.

(4) As regards parts of the archives of the central establishments which
relate to the territory of Lithuania and which are subject to elimination, there is
to be a special arrangement, for which purpose a mixed commission of an equal
number of members of the two contracting parties is to be appointed.

Article 10

(1) The Russian Government shall return at its expense, and shall hand over
to the Lithuanian Government for delivery to whomsoever it may concern, the
property of communal, benevolent, culture, educational establishments, and also
the bells and utensils of churches and places of worship of all denominations
which have been evacuated during the world war of 1914-1917, in so far as the
said objects actually are or shall prove to be in the keeping of the governmental
or communal establishments of Russia.

(2) (a) As regards the payments in savings banks, deposits, guarantees and
other amounts paid into the former Russian governmental and judicial estab-
lishments, as far as such payments and amounts belong to citizens of Lithuania,

(6) as regards deposits or amounts of various descriptions paid into the
branches of the State bank and into the nationalised and liquidated credit estab-
lishments, and their branches, in so far as such deposits and amounts belong to
citizens of Lithuania, the Russian Government binds itself to admit to the
Lithuanian citizens all those rights which at the time were admitted to all Rus-
sian citizens, and, therefore, grant permission to Lithuanian citizens, who in
consequence of the occupation were not able to make use at the time of these
their rights, to make use of the same now and to receive compensation for their
claims in paper money values which have currency in the Russian Republic
at the time such compensation is paid, and at the rate of exchange of the paper
rouble existing on the internal money market at the time of the final occupation
of Lithuania, that is, on the 1st September, 1915.

As regards securities and properties now kept, and which have been kept, at
the offices of the banks and in their safes, as far as such securities and properties
belong to citizens of Lithuania, the conditions set out in the first p.aragraph of
this clause are to apply.

The sums, securities and properties mentioned in this article are to be handed
over to the Lithuanian Government for delivery to whomsoever it may concern.

(3) The Russian Government shall return at its expense, and hand over to the
Lithuanian Government the funds which are intended for the endowment of
stipends for the educational establishments of Lithuania and for the Lithuanian
citizens in the educational establishments in Russia.

(4) As regards payment of Russian monetary assignats, securities, govern-
mental or state-guaranteed, and also private securities issued by companies and
institutions, the undertakings of which have been nationalised by the Russian
Government and which are circulating within the confines of Lithuania, and
also as regards satisfaction of claims by Lithuanian citizens against the Russian
Exchequer and against the nationalised institutions, Russia binds herself to
allow Lithuania and Lithuanian citizens all those privileges, rights and prefer-
ences wihch are directly or indirectly granted by her or which may be granted
to any third State or to its citizens, companies and institutions.



BALTIC STATES INVESTIGATION 479

In the event of the securities and title deeds not being available, the Russian
Government expresses its willin.^ness, in the case of the application of this clause
of this article, to recognise as the holders of the securities and others those who
submit adequate proofs of the evacuation of the papers belonging to them during
the wav.

Akticle 11

(1) The Russian Government shall return to the Lithuanian Government, for
delivery to whomsoever it may concern, the property of Lithuanian citizens or
partnerships, companies and joint stock companies, the majority of the stock or
shares of which at the time of the promulgation of the respective decrees of
nationalisation by the Russian Government, belonged to Lithuanian citizens, and
which had been evacuated during the world war of 1914-1917, in so far as
such property actually is or shall prove to be in the keeping of the Russian
Government.

REMARK

The present clause does not apply to funds, deposits and securities in the care
of the branches of the State Bank or private banks, credit establishments and
saving banks in the territory of Lithuania.

(2) As regards the railway rolling stock and telegraph and telephone installa-
tions, as well as all the equipment ofthe railway shops evacuated into Russia
during the world war of 1914-1917, Russia agrees to make good to Lithuania
part of these at a rate corresponding to the local requirements of the Lithuanian
State, and making allowance for the general lowering of the tone of the economic
life.

In order to exactly determine the amount of the said replacement, a mixed
commission consisting of an equal number of members of the two contracting
parties shall be appointed immediately upon the ratification of the present
treaty.

REMARK

The replacement of railway rolling stock and telegraph and telephone instal-
lations and railway shop plant due to the occupied territory of Lithuania can
only commence after the same has been relieved from occupation.

(3) For the purpose of carrying out the conditions set forth in Articles 8, 9, 10
and 11 of the present Treaty, the Russian Government undertakes to supply the
Government of Lithuania with all the particulars and data referring thereto
and to give every possible assistance in tracing returnable property, archives,
documents, etc. The more detailed arrangement of the questions arising in con-
nection with this subject shall be entrusted to a special mixed commission con-
sisting of an equal number of members of the two contracting parties.

Article 12

The Russian Government taking into consideration that during the world war
Lithuania has been almost entirely ruined, and that Lithuanian citizens are de-
prived of the possibility even of re-establishing their homesteads, their partly
destroyed and gutted buildings, owing to the destruction of the forests of
Lithuania, expresses its willingness :

(l)To release Lithuania from responsibilities in regard to the debts and any
other liabilities of Russia, including such as have resulted from the issue of
paper money, treasury notes, bonds, series and certificates of the Russian
Treasury in connection with the foreign and internal loans of the Russian State,
guarantees to sundry institutions and undertakings, and the guaranteed loans of
same, etc. All such claims of creditors of Russia for the share relating to
Lithuania shall only be directed against Russia.

(2) In the localities nearest to the frontiers of Lithuania and as near as pos-
sible to rivers down which timber can be floated, and to railways, to grant to the
Lithuanian Government the right to cut timber over an area of 100,000 dessiatins
with a gradual allocation during the period of twenty years of timber-cutting
areas in accordance with the plans of the Russian Forestal Department. The
fixing of the detailed conditions of the cutting of timber is left to a mixed com-
mission consisting of an equal number of members of both contracting parties.

(3) To give to the Lithuanian Government 3,000,000 roubles in gold within
the period of one month and a half from the date of the ratification of this treaty.



480 BALTIC STATES INVESTIGATIOI^

Article 13

(1) The contracting parties agree to commence within the earliest possible
time after the ratification of the present treaty, negotiations for the conclusion
of trading and transit conventions.

(2.) Tie principle of the most-favoured nation shall be the basis of the trading
convention.

(3) The following princples shall form the basis of the transit convention :
(a) Goods passing in transit through the territory of one of the contracting

parties shall not be subject to any import dues or taxes.

(6) The freight rates for goods in transit shall not be higher than the freight
rates for similar goods of local destination.

BEMAEK

Prior to the commencement of normal conditions, mutual transit traffic be-
tween Russia and Lithuania shall be regulated by the same principles. Other
conditions in reference to the transit trade shall be fixed by special temporary
agreements.

(4) The Russian and Lithuanian commercial fleets shall mutually make use
of the harbours of the contracting parties on equal rights.

(5) Property left after the death of a citizen of one of the contracting parties
on territory of the other shall be handed in toto into the charge of the consular
or respective representative of the country to which the testator belonged, to be
dealt with by the same in accordance with the laws of such country.

Article 14

The diplomatic and consular relations between the contracting parties shall be
established immediately after the ratification of the present treaty. Upon the
ratification of the present treaty the parties shall proceed with the making of a
Consialar Convention.

Article 15

Upon the ratification of this treaty the Russian Government shall release
Lithuanian citizens and those opting Lithuanian citizenship, and the Lithuanian
Government shall release Russian citizens and those opting Russian citizenship
of military and civil classes from penalties in connection with all political and
disciplinary actions. However, if judgments have as yet not been given in such
cases, the proceedings in connection with the same shall be stopped.

Persons who commit the aforesaid acts after the I'atification of this treaty shall
not enjoy this amnesty.

Persons condemned by a criminal court for acts not coming under the amnesty
shall be returned to their country of origin after serving sentence. However, in
the event of judgment in cases of such description not being given prior to the
expiration of one year from the date of the accused being charged, he shall on the
expiration of this period be handed over to the home authorities with all the
proceedings relating thereto.

In connection therewith both contracting parties also release their own citizens
from punishment for acts committed by them prior to the ratification of the
present treaty for the benefit of the other party.

Article 16

In dealing with the present treaty the two contracting parties shall take into
consideration the fact of their never having been in a state of war one with the
other and that Lithuania as a region of military operations during the world war
of 1914-1917 has particularly suffered from the latter. Therefore, all the condi-
tions of the present treaty can in no way serve as a pi-ecedent for any third
country. On the other hand, should one of the contracting parties allow a
third country or the citizens thereof special privileges, rights and preferences,
the same shall without special agreement also extend to the other party or to the
citizens thereof.

REMARK

The contracting parties, however, shall not prefer any claims to preferential
rights which one of them may grant to a third country united to it by custom
house or any other union.



BALTIC STATES INVESTIGATION 481

Article 17

The settlement of questions of a public-legal and private-legal description
arising between the citizens of the contracting parties, and also the adjustment
of any separate points between the two countries, or between the countries and
citizens of the other party, shall be effected by a special mixed commission of
an equal number of members of the two parties, appointed immediately upon the
ratification of the present treaty, the composition, powers, and duties of which
shall be fixed by an instruction, to be agreed upon between the two contracting
parties.

Article 18

The present treaty is drawn up in the Russian and Lithuanian languages.
In its reading both texts are to be considered authentic.

Article 19

The present treaty is subject to ratification.

The excliange of tlie letters of ratification is to take place at Moscow.

Wherever the time of the ratification of the treaty is mentioned in the present
treaty, this applies to the time of the mutual exchange of the letters of rati-
fication.

In witness whereof the i-epresentatives of both parties have set their hands
to the present treaty and have affixed their seals thereto.

The original was drawn up in duplicate and executed in the city of Moscow
on the twelfth day of July, one thousand nine hundred and twenty.

[Translation*]
PROTOCOL

The signatories of the present Protocol met on October 14th, 1920, at Moscow,
in the ofiices of the Commissary of the People for Foreign Affairs, in order to
exchange the instruments of ratification of the Peace Treaty, between Russia on
the one hand and Litliuania on tlie other, which was signed at Moscow on July
12th, 1920, in accordance with Article 19 of that Treaty.

After presentation of the instruments of ratification, which were found to be
in good and due form, the two Parties satisfied themselves that the contents
were identical and the exchange of ratifications took place. In testimony whereof
the undersigned have drawn up this Protocol and have thereto affixed their hand
and seal.



This Protocol is drawn up in duplicate.



(Signed) J. BaltruSaitis.
(Signed) L. Kaeachan.



Exhibit 2-B

[Translation ^

No. 1410

TREATY OF NONAGGRESSION BETWEEN THE REPUBLIC OF LITHU-
ANIA AND THE UNION OF SOVIET SOCIALIST REPUBLICS. SIGNED
AT MOSCOW, SEPTEMBER 28, 1926

The President of the Lithuanian Republic, of the one part, and the Central
Executive Committee of the Union of Socialist Soviet Republics, of the other part,
being convinced that the interests of the Lithuanian people and of the peoples



* Translated by the Secretariat of the League of Nations.
^ Translated bj- the Secretariat of the League of Nations.



482 BALTIC STATES INVESTIGATION

of the Union of Socialist Soviet Republics demand constant co-operation based on
mutual confidence, have agreed, in order to contribute to the best of their ability
to the maintenance of universal peace, to conclude a treaty with a view^ to
strengthening the friendly relations existing between them, and to this end have
appointed as their Plenipotentiaries :

The President of the Lithuanian Republic :

Mykolas Slezevicius, Prime Minister and Minister of Justice, Acting

Minister for Foreign Affairs of the Lithuanian Republic ; and

Jurjis Baltrusaitis, Envoy Extraordinary and Minister Plenipotentiary

of the Lithuanian Republic accredited to the Union of Socialist Soviet

Republics ; and

The Central Executive Committee of the Union of Socialist Soviet Republics :

Georges Tchitcherine, Member of the C. E. C. of the Union of Socialist

Republics, People's Commissary for Foreign Affairs ; and
Serge Alexandrovsky, Plenipotentiary Representative of the Union of
Socialist Soviet Republics in Lithuania ;
Who having met at Moscow and exchanged their full powers found in good
and due form, have agreed upon the following provisions :

Article 1

The relations between the Union of Socialist Soviet Republics and the Lithua-
nian Republic shall continue to be based on the Treaty of Peace between Lithuania
and Russia, concluded at Moscow on July 12, 1920, all the provisions of which
shall retain their force and inviolability.

Article 2

The Lithuanian Republic and the Union of Socialist Soviet Republics under-
take to respect in all circumstances each others sovereignty and territoi'ial
integrity and inviolability.

Article 3

Each of the two Contracting Parties undertakes to refrain from any act of
aggression whatsoever against the other Party.

Should one of the Contracting Parties, despite its peaceful attitude, be attacked
by one or several third Powers, the other Contracting Party undertakes not to
support the said third Power or Powers against the Contracting Party attacked.

Article 4

If, on the occasion of a conflict of the type mentioned in Article 3, second
paragraph, or at a time when neither of the Contracting Parties is engaged in
warlike operations, a political agreement directed against one of the Contracting
Parties is concluded between third Powers, or a coalition is formed between third
Powers with a view to the economic of financial boycott of either of the Contract-
ing Parties, the other Contracting Party undertakes not to adhere to such
agreement or coalition.

Article 5

Should a dispute arise between them, the Contracting Parties undertake to
appoint conciliation commissions, if it should not prove possible to settle the
dispute by diplomatic means.

The composition of the said commissions, their rights and the procedure they
shall observe shall be settled in virtue of a separate agreement to be concluded
between the two Parties.

Article

The present Treaty is subject to ratification, wliich must take place within
six weeks of the date of its signature.

Tlie exchange of the instruments of ratification shall take place at Kovno.
The present Treaty has been drawn up in Lithuanian and Russian.
As regards interpretation, both texts shall be considered as authentic.



BALTIC STATES INVESTIGATION 483

Article 7

The present Treaty shall enter into force on the date of the exchange of the
instruments of ratihcation and shall remain in force for hve years, except
Articles 1 and 2, the duration of the validity of which is not limited.

The validity of the present Treaty shall be prolonged automatically, on each
â– occasion for one year, until either of the Contracting Parties expresses, at least
six months before the expiration of the Treaty, the desire to enter upon negotia-
tions regarding the future form of political relations between the two States.

In faith whereof, the Plenipotentiaries have affixed to the present Treaty their
autograph signatures, and their seals.

The original has been done and signed in duplicate at Moscow the twenty-
eighth day of September, One thousand nine hundred and twenty-six.

[l. s.] (Signed) Mykolas Sle^eviCius.

(Signed) Juejis BaltruSaitis.

[l. s.] (Signed) G. V. Tchitchekine.

(Signed) Serge Alexandrovsky.

Notes Exchanged Between M. Mykolas Slei^eviCius, Prime Minister of the
Lithuanian Kepublic and M. Tchitcherine, People's Commissary fob
Foreign Affairs of the Union of Soviet Socialist Republics



Lithuanian Republic

Ministry of Foreign Affairs

lithuanian legation in the u. s. s. e.

No. 3773

MOSCOW

Moscow, September 28, 1926.
Your Excellency,

On the occasion of the signature on today's date of the Treaty between Lith-
uania and the Union of Socialist Soviet Republics, I have the honour to make the
following declarations :

(1) The two Governments have examined the questions of principle which
are bound up with Lithuania's membership of the Leagiie of Nations. As
regards this question the Lithuanian Government, both during the negotia-



Online LibraryUnited States. Congress. House. Select committee oBaltic States investigation. [First interim report] (Volume pt. 1) → online text (page 58 of 75)