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Baltic States investigation. [First interim report] (Volume pt. 1) online

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ference between the text and the map, the text shall be considered valid.

Note (2). The fixing of the State frontier between Kussia and Latvia and
the placing of frontier posts shall be carried out by a special Mixed Frontier
Commission composed of an equal number of delegates from both Parties.
As regards the actual marking of the frontier and the allocation of inhabited
points, across which the frontier passes, to the territory of one or other of
the Contracting Parties, tlie decisions of this Frontier Commission shall be
based on ethnographic and economic considerations. In cases when basing
its decisions on etluiographic and economic conditions this Mixed Commis-
sion shall fix a frontier on rivers or lakes ; the frontier shall follow the cen-
tral line of the river or lake without taking into consideration whether the
former administrative frontier passed on either bank of such river or lake.

Note (3). In rivers and lakes forming part of the frontier tlie artificial
withdrawal, from rivers and lakes forming part of the frontier, of waters
liable to cause a lowering of the average level is forbidden. In the case of
such rivers and lakes navigation and fishing shall form the subject of regu-
lations established by mutual agreement ; in fishing, only such instruments
shall be sanctioned as do not cause any risk of exhausting the supply of fishes
in these waters.

Article 4

The two Contracting Parties undertake :

(1) To forbid any army to remain on either territory except their own army
or that of friendly States with wliich one of the Contracting Parties has concluded
a military Convention, but which are not in a de facto state of war with either
Contracting Party ; and also to forbid, within the limits of their respective ter-
ritory the mobilisation and recruiting of any personnel intended for the armies
of States, organisations, or groups, for purposes of armed conflict against the
other Contracting Party.

Note : The names given to certain units forming the "Division of Latvian
Chasseurs" which at present forms part of the Russian Army, shall be recog-
nised by the two Parties as having only an historic significance. These units
have not and shall not have in the future a predominance of Latvian national
element, and in spite of their name shall have no connexion either with the
people or with the State of Latvia.
Consequently the fact that these detachments preserve their historic name
shall not be considered by Latvia as an infringement of this clause.

Both parties undertake not to give to their military units new titles derived
from geographical or national names of the other party.

(2) Not to permit the formation or residence in their territory of organisations
or groups of any kind claiming to represent the Government of all or part of the
territory of the other Contracting Party ; or of representatives or officials of
organisations or groups having as their object the overthrow of the Government
of the other Contracting Party.

(3) To forbid Governments in a de facto state of war with the other Party,
and organisations and groups having as their object military action against the
other Contracting Party, to transport through their ports or their territory, any-
thing which might be used for military purposes against the other Contracting
Party, in particular, military forces belonging to these States, organisations or
groups ; material of war ; technical military stores belonging to artillery, supply
services, engineers, or air services.

(4) To forbid, except in cases provided for by International Law, passage
through or navigation in their territorial waters of all war-ships, gun-boats,
torpedo-boats, etc., belonging either to organisations and groups whose object is
military action against the other Contracting Party, or to Governments which are
in state of war with the other Conti'acting Party and which aim a military
action against the other Contracting Party. This provision shall come into force
as soon as such intentions are known to the Contracting Party to whom the said
territoi'ial waters and ports belong.



492 BALTIC STATES INVESTIGATION

Article 5

The two parties mutually undertake not to claim the expenses of the war from
each other. By this is understood the expenses incurred by the State for the
conduct of the war, and likewise any compensations for losses occasioned by the
war, that is losses occasioned to themselves or to their subjects by military oper-
ations, including all kinds of requisitions made by one of the Contracting Parties
in the territory of the other.

Article 6

In view of the fact that it is necessary to apportion in an equitable manner
among the States of the world, the obligation to make good the damages caused
by the world-war of 1914-1917 to States that have been ruined, or to iwrtions of
States on whose territory military operations have taken place , the two Contract-
ing Parties undertake to do all in their power to secure an agreement among all
States in order to establish an International Fund, which would be used to cover
the sums intended for the reparation of damages due to the war.

Inde{>endently of the creation of this International Fund, the Contracting
Parties consider it necessary that Russia and all new States constituting inde-
pendent Republics in what was formerly Russian territory, should render each
other, as far as possible, mutual support to make good from their own resources
the damage caused by the world-war, and undertake to do all in their power to
secure this agreement between the above-mentioned Republics.

Article 7

Prisoners of war of both parties shall be repatriated as soon as possible. The
method of exchange of prisoners is laid down in the Annex to this present Article.

Note : All captives who are not serving voluntarily in the Army of the
Government which has made them prisoners shall be considered as prisoners
of war.

ANNEX

(1) Prisoners of the two contracting Parties shall be repatriated imless, with
the consent of the Government on whose territory they are, they express the
desire to remain in the country in which they are or to proceed to any other
country.

(2) At the time of their liberation, their papers and belongings, which may
have been taken from them by order of the authorities of the Government which
made them prisoner, shall be returned to them. Likewise, money earned by their
work and not yet paid or credited to them shall be paid to them.

(3) Each of the contracting parties undertakes to repay expenses which it has
incurred for the maintenance of its citizens who have been x^risoners of war, so
far as these expenses have not been made good by the work of the said prisoners
of war on Government or private undertakings. This repayment shall be made in
the currency of the country which captured the prisoners.

NarE. — The indemnity due for the expenses of maintenance of prisoners of
war includes the cost of their food, their clothing and their pay.

(4) Prisoners shall be despatched by detachments towards the frontiers of
their State at the expense of the Government which made them prisoners ; when
handed over they shall be accompanied by a list on which shall be noted the
Cliristian name, father's Christian name, and family name of the prisoner, the
date on which he was made prisoner, and the place at which he worked during
his captivity.

(5) Immediately after the ratification of the Treaty of Peace there shall be
established, for exchange of prisoners of war, a INIixed Commission composed of
three representatives of each of the Contracting Parties. Its duties shall be
to supervise tlie carrying oiit of the conditions stated in tlie present Annex,
to settle the periods, the methods and the order of repatriation of prisoners, and
the expenses in accordance with the data given at tlie moment of the handing
over of prisoners of war by the party concerned.

(6) The return of civilian and military interned persons, being nationals of
the Contracting Parties, and also of hostages, shall be carried out at the request
of the other Party on the basis already laid down.



BALTIC STATES INVESTIGATION 493

Article 8

Persons residing, on the day of the ratification of tlie Treaty within the fron-
tiers of Latvia, and lil^ewise refugees residing in Russia who were registered, or
whose parents were registered, hefore August 1st, 1914, in urban, rural or corpo-
rate societies, in the territory now forming the State of Latvia, are recognized
as Latvian citizens.

Persons of the same category residing at the moment of ratification of this
present Treaty within the frontiers of Russia, with the exception of the refugees
above-mentioned, are recognised as Russian subjects.

Nevertheless, any person of the age of IS years and above, residing in Latvian
territory, lias the right during one year, dating from the day of the ratification
Oi the present Treaty, to declare that he does not desire to retain his Latvian
nationality and to opt in favour of Russia ; and in this case children of less than
18 years of age and wives acciuire the latter nationality, unless and agreement
to the contrary has been concluded between the married couple.

Likewise, Russian citizens can, under the terms of the second paragraph of
this clause, during the same period of time and under the same conditions,
opt for the status of Latvian citizens.

Those who have made a declaration of option, and likewise those of their family
to whom the nationality is transmitted, retain tlieir rights to their movable prop-
erty and real estate within the limits of the laws in force in the State which they
inhabit, and in case of departure they have the right to liquidate or carry away
whatever belongs to them.

Note (1). Persons living at the time of the ratification of this Treaty in
the territory of a third State, who are not naturalised and who fall within
the provisions of the first paragraph of this article, are also recognised as
citizens of Latvia, but preserve the right, under the conditions laid down, of
opting for Russian nationality.

Note (2). Persons who, before or during the world- war of 1914-1917,
were living in the territory of one of the Parties, and who at the time of
the ratification of this Treaty are living in the territory of the other Party,
shall also enjoy the rights granted under this Article to persons exercising
the right of option.

Refiagees who may have been able to remove their property in virtue of
the Agreement of June 12, 1920, regarding the repatriation of refugees, shall
enjoy the rights laid down in the Article dealing with optants, subject to
proof that such property belongs to them, and was actually in their possession
at the time of repatriation.

Note (3). Each of the two Contracting Parties shall grant to citizens of
the other Party, in the same way as to optants, permission and facilities
for returning freely to their own country, and generally for leaving the terri-
tory of the State of the other Party. In the same way, each of the two
Contracting Parties undertakes to demobilise the citizens of the other Party
immediately after the ratification of the present Treaty.

Akticle 9

The Agreement as to the repatriation of refugees, concluded between Russia
and Latvia on June 12th of the current year, shall remain in force with the follow-
ing addition : refugees of both Parties shall, in addition to the rights granted to
them under the above-mentioned Agreement, enjoy the rights conferred by the
present Treaty of Peace on citizens and optants of the Party concerned.

Article 10

The two Contracting Parties mutually abandon all claims arising from the
fact that Latvia once formed part of Russia, and recognise that national property
of every kind in the territory of each of the Parties shall be the indisputable
property of the State concerned. The right to claim Russian State property
transported since August 1st. 1914, out of Latvian territory to the territory of
a third State shall rest with the Latvian Government.

In the same way rights which may be claimed by Russia over legal entities
or over other States are also transferred to the Latvian State, in so far as such
rights concern Latvian territory.

The Latvian State takes over all claims of the Russian Treasury against prop-
erty situated within Latvian territory, as well as credits of every kind against



494 BALTIC SI'ATES INVESTIGATION

Latvian citizens, but only in so far as they liave not been met by payments on

account.

Note : The right to claim from small peasant proprietors their debts to-
wards the former Russian Peasant Land Bank or towards other Russian Land
Banks which have now been nationalised, as well as the right to claim
debts contracted towards the former Russian Nobility Land Bank or towards
other Russian Land Banks which to-day have been nationalised — debts
which are a burden on the lands of these proprietors, in view of the fact
that such lands have passed to peasants possessing little or no land — shall
not pass to the Latvian Government ; such debts shall be simply cancelled.
All deeds and documents forming proofs of the above-mentioned rights
shall be transmitted to the Latvian Government by the Russian Govern-
ment as soon as the latter obtains possession of them. In cases where such
transmission cannot be effected within the period of one year after the
ratification of this Treaty, such documents and deeds not transmitted
shall be considered as lost.

Article 11

(1) The Russian Government shall at its own expense restore to Latvia and
return to the Latvian Government all libraries, records, museums, works of art,
educational material, documents and other property of educational and scientific
establishments, Government, religious and communal property and property
of incorporated institutions, in so far as such objects were removed from Latvian
territory during the world-war of 1914-1917, and in so far as they are or may
be actually in the possession of the Governmental or Public administrative bodies
of Russia.

In respect of records, libraries, museums, works of art and documents which
are of supreme importance for Latvia from a scientific, artistic or historical
point of view, and which were removed from Latvia into Russia before the world-
war of 1914-1917, the Russian Government consents to restore such property to
Latvia in so far as such restoration shall not cause serious loss to the Russian
records, libraries, museums, and picture galleries in wliich they are kept.

Questions concerning such restoration shall be submitted to the decision of a
Mixed Commission formed of an equal number of members for each of the con-
tracting parties.

(2) The Russian Government shall restore at its own expense and return to
the Latvian Government all files concerning affairs of justice and of the State, all
legal and governmental records including records of notaries of the first and sec-
ond class, records of mortgage departments, records of religious departments
of all sects, survey records and plans, records of administration of land, railways,
forests, highroads, posts and telegraphs, and other administrations : the plans,
estimates, maps, and, in general, all topographical materials of the Military
district of Vilna in so far as they concei'n the territory of the Latvian State:
records of local branches of the Nobility and Peasant Banks, of the branches of
the State Bank and of all other establishments for credit for mutual insurance
and for co-operative purposes, as well as the I'ecords and files of private admin-
istrations of Latvia, in so far as such objects are or will be actually in possession
of the Governmental or Public institutions of Russia.

(3) The Russian Government shall give up at its own expense and send to the
Latvian Government to be allocated to those concerned titles to property of every
kind, such as : deeds of purchase, mortgages, farm leases contracts and contracts
of all kinds, etc. ; also all books, papers and documents necessary for making
up accounts, and in general all documents of any value in determining rights of
property of Latvian citizens who have been evacuated from Latvia into Russia
during the world-war of 1914-1917, in so far as such documents are or will be
actually in the possession of Governmental or Public institutions of Russia.

Should these documents not be restoi-ed within two years from the date of the
ratification of the present Treaty, they will be considered as lost.

(4) Russia undertakes to withdraw from the archives of Its central and local
administrations such of the documents as directly concern the provinces fonning
part of Latvia.

Ahtici.e 12

(1) The Russian Government restores to Latvia all property which was evac-
uated to Russia during the world-war of 1914-1917, belonging to religious, civil,
charitable or educational administrations, together with the bells and objects
used for purposes of wor.ship in churches and convents of all denominations,



BALTIC STATES INVESTIGATION 495

in so far as such objects are, or may be, actually in the possession of the Govern-
mental or Public administrations of Russia.

(2) The Russian Government restores to Latvia the securities evacuated to
Russia after the 1st August, 1914, which had been deposited with or belonged,
to commercial or credit institutions, such as Banks, Mutual Loan Societies, Sav-
ings Banks and Mortgage Institutions, Municipal Public Banks and Pawnbrokers'
Establishments, which were in operation within the territory of Latvia, with the
exception of gold, precious stones and bank notes, in so far as these securities
are, or may be, actually in the possession of the Governmental or Public institu-
tions of Russia.

(3) As far as concerns the payment of Russian State Loans, guaranteed by
the Government, which are in circulation within the territory of Latvia, and also
all loans issued by Companies and private administrations, whose undertakings
have been nationalised by the Russian Government, and also as far as concerns
the settlement of the claims of Latvian nationals upon the Russian Treasury,
and upon the undertakings which have been nationalised, Russia undertakes to
grant to Latvia, to Latvian nationals and administrations, all rights, advantages
and preferences which are directly or indirectly assured to Latvia, or which
may be granted to any third State, or to nationals or institutions of such third
State. If any securities or titles to property are missing, the Russian Govern-
men declares itself prepared in accordance with this paragraph to recognise as
holders of the securities above referred to, those persons who shall be in a posi-
tion to prove that the securities which belong to them were evacuated during
the war.

(4) As far as concerns Savings Bank Deposits, Bank balances, and guarantees
for loans and other sums deposited in the former institutions of Justice or of
Government, insofar as such sums are the property of Latvian nationals, and
also as far as concerns payments or sums above mentioned, which may have
heen deposited in the branches of the former State Bank, or in private credit
institutions, or their branches, which have been liquidated or nationalised insofar
as such sums or deposits belong to Latvian nationals, the Russian Government
undertakes to accord to such Latvian nationals all the rights which were formerly
accorded to all Russian nationals, and, accordingly, authoi'ises Latvian nationals,
who, by reason of the occupation, may not have been able to assert their claims,
to assert such claims now.

In payment of the indemnity for claims of Latvian nationals, the Russian
Government will take account of the depreciation in the value of Russian money
since the 3rd September, 1917, the date of the actual occupation of Latvia, up to
the date of the payment of the sums refunded.

(5) The provisions of Sub-Paragraph 4 of the present Article shall be ob-
served as regards securities and credit balances which are, or were deposited,
in banks or strong rooms, if such securities or balances are the property of
Latvian nationals, and are, or may be, actually in the possession of Governmental
or Public institutions. Tlie.se provisions are also applicable to securities and
property of Latvian nationals deposited in credit institutions or in the strong-
rooms of such institutions, which have been evacuated since 1st August, 1914.

Note : The sums, securities and property referred to in this paragraph will
be transmitted to the Latvian Government, which will undertake to deliver
them to the rightful owners.

Article 13

The Russian Government restores to the Latvian Government for delivery to
the rightful owners the property belonging from a legal or material point of
view, to Latvian towns, corporations or individuals which was evacuated during
the world war, 1914-1917, insofar as such property is, or may be, in the posses-
sion of Governmental or Public institutions.

Note: (1). In case of doubt, the majority of the shares which were the
property of Latvian nationals before the coming into force of the Decree of
the Russian Government as to the nationalisation of industry, shall be
recognised as lielongine to Latvian Joint Stock Comiianies and Associations.
Note (2). The present Article does not refer to capital, deposits or securi-
ties which are in the branches of the State Bank, or in private banks, credit
institutions or savings banks situated in Latvian territory.



496 BALTIC STATES INVESTIGATION

Article 14

(1) As far as concerns postal, telegraphic and telephonic material evacuated
from Latvia into Russia during the world-war of 1914-1917, Russia undertakes
to restore to Latvia and to transfer to the Latvian Government an amount equal
to that wliich really represents the economic needs of Latvia and the intellectual
life of this independent State, in so far as the said material is, or may be in the
possession of the Governmental and Public institutions of Russia.

(2) As far as concerns the material for purposes of navigation and water
transport, and as far as concerns the light-houses in service in Latvian ports,
which may have been evacuated during the war, Russia undertakes to return
to Latvia and to restore to the Latvian Government, an amount of material
exactly corresponding to the needs of Latvia as an independent Government for
the working of its ports, in so far as this material is, or may be, actually in
the possession of the Governmental or Public institutions of Russia.

(3) As far as concerns the rolling-stock of fixed railway material, including
work-shops evacuated from Latvia into Russia during the world-war of 1914-
1917, Russia undertakes to restore to Latvia and to transmit to the Latvian
Government an amount of material equal to that which actually corresponds to
the economic needs of Latvia as an independent Government, in so far as such
material is, or may be, actually in the possession of the Governmental or Public
institutions of Russia.

In order to determine exactly the quantity of material referred to above
which is to be restored, and also to determine the periods within which such
material shall be delivered, a mixed Commission, composed of Russian and
Latvian Representatives in equal proportions, shall be set up immediately after
the ratification of the present Treaty of Peace. This Commission shall base its
estimate of the material to be restored upon the economic situation of the dis-
tricts which, under the present Treaty, constitute the country of Latvia as
it was before the war of 1914-1917. After having set apart and deducted the
material which ensured the maintenance of trade and national transport for the
whole of (former) Russia, the Commission shall definitely decide what are the
requirements of Latvia, as at present constituted, as an independent State, while
taking into consideration the general decrease in economic activity.

Article 15

In order to facilitate the carrying-out of Articles 10, 11, 12, 13 and 14 of the
present Treaty, the Russian Government undertakes to furnish the Latvian Gov-
ernment with full and complete information with regard to these Articles, and to
afford it every kind of assistance in its task of determining the property, docu-
ments and archives to be restored.

Property which has to be given back to Latvia in accordance with the foregoing
Articles may be restored, by agreement between Russia and Latvia, either in kind
or in its equivalent money-value.

On account of the sums which may be due to Latvia in this way, Russia shall
pay Latvia, within two months of the ratification of the Treaty, the sum of



Online LibraryUnited States. Congress. House. Select committee oBaltic States investigation. [First interim report] (Volume pt. 1) → online text (page 60 of 75)