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

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a Trade Delegation with headquarters at Tallinn shall be set up as part of the
Legation of the Union of Soviet Socialist Republics in Estonia.

2. The functions of the Trade Delegation of the Union of Soviet Socialist
Republics shall be :

(n) To develop commercial and economic relations between Estonia and
the Union of Soviet Socialist Republics and to protect the interests of the
Union of Soviet Socialist Republics in the matter of foreign trade.



524 BALTIC STATES INVESTIGATION

(&) To regulate trade with Estonia on behalf of the Union of Soviet
Socialist Republics.

(c) To engage on behalf of the Union of Soviet Socialist Republics in
foreign trade with Estonia.

ARTICLE 18

The Commercial Delegate and his assistant shall be members of the diplomatic
staff of the Legation of the Union of Soviet Socialist Republics and shall enjoy-
all the rights and privileges accorded to members of diplomatic missions. The
official premises of the Trade Delegation at Tallinn shall be accorded
extraterritoriality.

The Trade Delegation shall have the right to use cipher.

Members of the Trade Delegation who are nationals of the Union of Soviet
Socialist Republics and have been appointed and sent to Tallinn by the People's
Commissariat for Foreign and Home Trade, shall not be required in Estonia to
pay any tax on income earned in the service of the Government of the Union of
Soviet Socialist Republics. Such exemption, however, shall not apply to more
than thirty persons.

Should it be necessary to establish branches of the Trade Delegation, the
places where such branches are to be established shall be fixed by agreement
between the Parties.

ARTICLE 19

All acts of the Trade Delegation shall he on account of the Government of the
Union of Soviet Socialist Republics and the latter shall accordingly assume
responsibility for all transactions carried out by its Commercial Delegate or by
duly authorised members of the Delegation.

The Trade Delegation need not he registered in the Commercial Register but
shall be bound to publish duly in the Official Journal {Riigi Teataja) the names
of members of the Delegation empowered to represent it. The powers thus con-
ferred shall be deemed binding in respect of every transaction until the Trade
Delegation has published a notice in the Official Journal (Riigi Teataja) to the
effect that the duties of the holder of a responsible post on the Delegation have
been terminated.

ARTICLE 20

Judicial questions which may arise in respect of commercial transactions con-
cluded by the Trade Delegation in Estonia shall be settled in conformity with
Estonian substantive and procedural law, but it is understood that, should an
agreement to this effect exist between the parties to a contract, Soviet jurisdic-
tion shall be admitted for transactions concluded in Estonia but executory in
the Union of Soviet Socialist Republics.

ARTICLE 21

Legal acts performed by the Trade Delegation in Estonia which are binding
upon the Union of Soviet Socialist Republics, and also the economic effects of
such acts, shall be dealt with under Estonian law and shall be subject to Estonian
jurisdiction. Nevertheless, in view of the responsibility incurred under Article
19 of the present Treaty l)y the Union of Soviet Socialist Republics, in respect
of transactions carried out by the Trade Delegation, no preventive legal measures
or administrative measures shall be employed in regard to the property of the
Trade Delegation or its branches.

ARTICLE 2 2

In the case of judgments which have acquired force of law, measures of com-
pulsory execution may be aiiplied in the form of distraint on property of the
Union of Soviet Socialist Republics in Estonia, except in so far as concerns
objects which, according to the general rules of international law, are intended
for the exercise of sovereign rights or are intended for the official use of diplo-
matic, consular or trade delegations



BALTIC STATES INVESTIGATION 525

Chapter III — General Provisions

ARTICLE 23

The provisions of the present Treaty shall not apply to rights or favours which
are or may hereafter be accorded :

(1) By either of the Contracting Parties to a neighbouring country to facil-
itate frontier traffic within a zone not exceeding fifteen kilometres ;

(2) By either of the Contracting Parties to a third country in virtue of a
Customs union which has already been or may hereafter be concluded ;

(3) By Estonia to Finland, Latvia or Lithuania;

(4) By the Union of Soviet Socialist Republics to Finland, Latvia or
Lithuania or to the continental States bordering on the Union of Soviet
Socialist Republics in Asia.

ARTICLE 24

The two Contracting Parties undertake within a period of three months to
begin negotiations for the conclusion of a treaty on commercial arbitration, a
convention on judicial assistance in civil matters, a convention on fisheries and
the protection of fisheries in Lakes Peipus and Pskov and a convention on
veterinary and health matters.

ARTICLE 25

The present Treaty, done in duplicate French texts, shall be ratified and the
instruments of ratifications shall be exchanged at Moscow as soon as possible.

The Treaty shall come into force on the fifteenth day following the exchange
of the instruments of ratification.

The Treaty is concluded for a period of three years. If, on the expiry of that
period, neither of the Contracting Parties has declared its intention of termi-
nating it, the Treaty shall remain in force for six months as from the date on
which one of the Contracting Parties shall inform the other of its intention to
denounce it.

In faith whereof the Plenipotentiaries have signed the present Treaty and haye
thereto affixed their seals.

Done at Tallinn, May 17, one thousand nine hundred and twenty-nine.

K. Pats. A. Petrovski.

A. Pip. I. Smirnoff.

K. YiRMA M. Kaufmann.

Max Hurt. B. Rosenblum.

Final Protocol

At the moment of signing the Commercial Treaty of to-day's date, the two
Contracting Parties have decided to define further certain clauses and the con-
ditions of application attaching thereto, as follows :

Ad Article 1

It is understood that the provisions of Article 1 shall not affect the internal
regulations concerning passport visas.

Ad Article 7

The two Contracting Parties shall notify one another of the institute author-
ised to issue the attestation required under the last paragraph of Article 7.

Ad Article 9

It is agreed that the terra "consul" shall include consuls-general, consuls, vice-
consuls and consular agents.

Ad Article 12

The Contracting Parties declare that the privileges accorded by either of them
to joint stock companies of every kind, commercial associations or other juridical
persons of the most favoured nation shall be accorded also to all State economic
organisations of the other Contracting Party established in conformity with the
laws of that Party.



.526 BALTIC STATES INVESTIGATION

Ad, Article 15

It is understood that the provisions of the present Article shall not apply to
the coasting trade.

Ad Article 16

1. Without prejudice to the provisions of paragraph 1 of Article 16, Estonia
shall be accorded, as regards the transit of her products through the territory
of the Union of Soviet Socialist Republics, all the rights accorded under Union
legislation and under international treaties of which the Union is a signatory
to countries which have concluded a commercial treaty with the Union.

2. The Union of Soviet Socialist Republics agrees to accord to Estonian textile
products the right of transit through the territory of the Union of Soviet Socialist
Republics over the Kingisepp-Manchuria and Pskov-Manchuria Railways.

3. Government commercial and transport organisations of the Union of Soviet
Socialist Republics, as well as co-operative organisations, shall have the right
in Estonia :

(a) To make use on favourable terms of port installations and ware-
houses belonging to the Estonian Government ;

(&) To lease plots of land and to build thereon warehouses, elevators and

cold storage premises, and to build within port areas other installations that

may be necessary for transport.

The conditions governing use and exploitation shall be laid down in special

treaties concerning exploitation to be concluded between the Contracting Parties.

Ad Article 18

1. The provisions of the present Treaty, and more particularly of Article 18,
shall not be a bar to the serving of documents on the Trade Delegation.

2. By "official premises of the Trade Delegation" shall be meant the premises
of the central administration and of those sections which are under the same
roof as the Trade Delegation.

3. The Delegation of the Union of Soviet Socialist Republics shall not insist on
determining the rights of branches and members of the Council of the Trade
Delegation in regard to the question of exterritoriality, in view of the fact that the
Delegation of the Union of Soviet Socialist Republics had occasion, during the
negotiations relating to the present Treaty, to declare that it is not necessary
at present to establish the rights of either the said branches or the said members.

If, however, with increased activities it becomes necessary to appoint members
of the Council of the Trade Delegation or to open branches, the Government of the
Union of Soviet Socialist Republics reserves the right to raise the question of
their exterritoriality through the diplomatic channel.

The present Protocol shall form an integral part of the Commercial Treaty
signed this day.

Done at Tallinn, May 17, 1929.

K. Pats. A. Petrovski.

A. Piip. I. Smirnoff.

K. ViRMA. M. Kaufmann.

Max Hurt. B. Rosenblum.

Exchange of Notes

I

Tallinn, May 17, 1929.

Sir,

On behalf of the Estonian Delegation entrusted with the negotiations for the
conclusion of a Commercial Treaty between Estonia and the Union of Soviet
Socialist Republics, I have the honour to make the following declaration :

The Estonian Delegation notes that almost all the commercial treaties
concluded by Estonia contain a special clause reserving Estonia's right to
grant to the Union of Soviet Socialist Republics special favours which cannot
be claimed by third States. This policy, which was inaugurated directly after
the conclusion of the Treaty of Peace between Estonia and the Federal
Socialist Republic of Soviet Russia, has been adhered to with very few
exceptions. It is now systematically pursued, so that the clause in question
is found in all the treaties recently concluded.



BALTIC STATES IN^'ESTIGATIOX 527

It is the Estonian Governniont's intention to continue this policy In all
commercial treaties that may he concluded with other States. If, however,
the Soviet clause should not occur in any particular treaty, the Estonian
Government is prepaied to take the necessary steps to ensure that the exist-
ence of such a treaty shall not debar the Union of Soviet Socialist Republics
from enjoying the treatment accorded to the most favoured nation, as soon
as the two I'arties have agreed on the date for the establishment of such
treatment. The present declaration shall not, however, apply to the States
mentioned in paragraph 3 of Article 23 of the Commercial Treaty of today's
date.
I have the honour to be, etc.

K. Pats.

His Excellency M. A. Petkovski,

President of the Delecjation of the Union
of Soviet Socialist Republics,
Tallinn.

II

Tallinn, May 17, 1929.
Sib,

I have the honour to acknowledge receipt of the following letter :

"On behalf of the Estonian Delegation entrusted with the negotiations
for the conclusion of a Commercial Treaty between Estonia and the Union
of Soviet Socialist Republics, I have the honour to make the following
declaration :

"The Estonian Delegation notes that almost all the commercial treaties
concluded b.v Estonia contain a special clause reserving Estonia's right to
grant to the Union of Soviet Socialist Republic special favours which can-
not be claimed by third States. This policy, which was inaugurated di-
rectly after the conclusion of the Treaty of Peace between Estonia and the
Federal Socialist Republic of Soviet Russia, has \^een adhered to with very
few exceptions. It is now systematically pursued, so that the clause in
question is found in all the treaties recently concluded.

"It is the Estonian Government's intention to continue this policy in all
commercial treaties that may be concluded with other States. If, notwith-
standing, the Soviet clause should not occur in any particular treaty, the
Estonian Govei'nment is prepared to take the necessary steps to ensui'e the
existence of such a treaty shall not debar the Union of Soviet Socialist
Republics from enjoying the treatment accorded to the most favoured
nation, as soon as the two Parties have agreed on the date for the establish-
ment of such treatment. The present declaration shall not, however, apply
to the States mentioned in paragraph 3 of Article 23 of the Commercial
Treaty of to-day's date."
I duly note the foregoing declaration and have the honour, etc.

A. Petrovski.

His Excellency M. K. Pats,

President of the Delegation of the Estonian Repuhlic,
Tallinn.

Ill

Tallinn, May 11, 1929.
No. 132-W.

Monsieur le Ministre,

With reference to the last paragraph of Article 14 of the Commercial Treaty
signed this day between Estonia and the Union of Soviet Socialist Republics,
I have the honour to declare that the Estonian Government will not require
either visa of legalisation by its consular representatives abroad in the case of
certificates of origin issued for Union goods by the institutes and organisations
mentioned in paragraph 2 of the aforesaid article.

I should be glad if you would inform me whether the Government of the
Union of Soviet Socialist Republics is prepared on its side not to require either
visa or legalisation in the case of certificates of origin issued for Estonian goods.

I have the honour to be, etc.

J. Lattik.

His Excellency M. A. Petrovski,

Minister of the Union of Soviet Socialist Republics,
Tallinn.



528 BALTIC STATES INA^ESTIGATION

IV

Tallinn, May 17, 1929.
Your Excellency,

I have the honour to acknowledge receipt of your letter No. 132-W of to-day's
date and to inform you that the Government of the Union of Soviet Socialist
Republics agrees not to require either visa or legalisation by the consular repre-
sentatives of the Uniou of Soviet Socialist Republics abroad iu the case of cer-
tificates of origin issued for Estonian goods by the institutes and organisations
mentioned in paragraph 2 of Article 14 of the Commercial Ti'eaty signed this day.

I have the honour to be, etc.

A. Petbovski.

His Excellency M. J. Lattik,

Minister for Foreign Affairs of the Estonian Republic,
Tallinn.



Exhibit 4-C

[Translation i]

No. 3020

TREATY OF NON-AGGRESSION AND PEACEFUL SETTLEMENT OF DIS-
PUTES BETWEEN ESTONIA AND THE UNION OF SOVIET SOCIALIST
REPUBLICS. SIGNED AT MOSCOW MAY 4, 1932

The President of the Estonian Republic, of the one part, and the Central

Executive Committee of the Union of Soviet Socialist Republics, of the other part.

Being convinced that it is in the interests of the two High Contracting Parties

to lay down definite conditions contributing to strengthen the friendly relations

existing between them.

Animated by the desire to contribute in that manner to the maintenance of uni-
versal peace.

Considering that the Peace Treaty of February 2, 1920, constitutes, now as

heretofore, the unshakable foundation of their mutual relations and obligations,

Declaring that none of the international obligations assumed by either of the

High Contracting Parties is incompatible with the peaceful development of their

mutual relations or in contradiction with the present Treaty,

Being desirous of supplementing and defining, so far as concerns their mutual
relations, the Pact for the Renunciation of War signed at Paris on AugTist 27,
1928,

Have decided to conclude the present Treaty, and to this end have appointed
as their Plenipotentiaries :

The President of the Estonian Republic :

M. Julius Seljamaa, Envoy Extraordinary and Minister Plenipotentiary
to the Union of Soviet Socialist Republics ;
The Central Executive Committee of the Union of Soviet Socialist Repub-
lics:

M. Maxim Maximovitch Litvinov, People's Commissary for Foreign Af-
fairs, Member of the Central Executive Committee of the Union of
Soviet Socialist Republics.
Who having communicated their full powers, found in good and due form, have
agreed upon the following provisions :

Article 1

Each of the High Contracting Parties guarantees to the other Party the in-
violability of the existing frontiers between them, as defined by the Peace Treaty
signed on February 2, 1920, and undertakes to refrain from any act of aggression

^ Translated by the Secretariat of the League of Nations, for information.



BALTIC STATES INVESTIGATION 529

or any violent measures directed asainst the integrity and inviolability of the ter-
ritory or against the political independence of the other Contracting Party,
whether such acts of aggression or such violent measures are undertaken sepa-
rately or in conjunction with other Powers, with or without a declaration of war.

Article 2

Each of the High Contracting Parties undertakes not to take part in political
agreements manifestly directed in an aggressive sense against the other Party,
nor in coalitions of the same nature having as their object to subject the other
Party to an economic or financial boycott.

Article 3

The obligations mentioned in the preceding Articles of the present Treaty shall
in no case affect or modify the rights and international obligations developing
on the High Contracting Parties from treaties concluded or obligations assumed
prior to the entry into force of the present Treaty, so far as the said rights and
obligations contain no elements of aggression within the meaning of the present
Treaty.

Article 4

Taking into consideration the obligations assumed in virtue of the present
Treaty, the High Contracting Parties undertake to submit all disputes, whatever
their nature or origin, which may arise between them subsequent to the coming
into force of the present Treaty, and which it may not have been possible to settle
within a reasonable time through the ordinary diplomatic channel, to a procedure
of conciliation in a mixed Conciliation Commission, whose composition, powers,
and procedure shall be fixed by a separate Convention, which the two Parties
undertake to conclude within the shortest possible time, and which shall come
into force simultaneously with the present Treaty.

Ajiticle 5

The present Treaty is drawn up in duplicate in Estonian and Russian, both
texts being authentic. It shall be ratified within the shortest possible time, and
the instruments of ratification shall be exchanged between the High Contracting
Parties at Tallinn within forty-five days of the date of the ratification of the
present Treaty by Estonia and the Union of Soviet Socialists Republics.

Article 6

The present Treaty shall come into force on the date of the exchange of the
instruments of ratification, and shall remain in force for three years from that
date.

Either of the High Contracting Parties shall have the right to denounce the
Treaty by notifying the other Party of its intention six months before the expiry
of the said period, or without giving such notice in the event of an act of aggres-
sion being committed by the other High Contracting Party against any third
Power whatsoever.

If the Treaty is not denounced by one or other of the High Contracting Parties,
its validity shall be tacitly prolonged for a period of two years ; similarly, the
Treaty shall be deemed to be prolonged on each subsequent occasion for a further
period of two years provided it has not been denounced by one or other of the
High Contracting Parties, according to the procedure laid down in the present
Article.

In faith whereof the above-mentioned Plenipotentiaries have signed the present
Treaty and have thereto aflBxed their seals.

Done at Moscow, in duplicate. May 4, 1932.

[L. S.] JlTL. SeLIAMAA.

[r« s.] M. Litvinov.



530 BALTIC STATES INVESTIGATION

Exhibit 4-D

[Translation >j

No. 3021

CONCILIATION CONVENTION BETWEEN ESTONIA AND THE UNION
OF SOVIET SOCIALIST REPUBLICS. SIGNED AT MOSCOW, JUNE 16,
1932

In accordance with the provisions of Article 4 of the Treaty of Non-Aggressioa
and Peaceful Settlement of Disputes between Estonia and the Union of Soviet
Socialist Republics, the President of the Estonian Republic and the Central
Executive Committee of the Union of Soviet Socialist Republics have decided
to conclude a Conciliation Convention, and have appointed as their Pleni-
potentiaries :

The President of the Estonian Republic :

M. Julius Seljamaa, Envoy Extraordinary and Minister Plenipotentiary
to the Union of Soviet Socialist Republics ;
The Central Executive Committee of the Union of Soviet Socialist Republics :
M. Boris Spiridonovitch Stomonjakov, Member of the Council of the
People's Commissariat for Foreign Affairs of the Union of Soviet
Socialist Republics ;
Who, having communicated their full powers, found in good and due form, have
agreed on the following provisions :

Article 1

All disputes between Estonia and the Union of Soviet Socialist Republics
arising out of circumstances that may develop after the coming into force of the
present Convention, particulai'ly disputes concerning the interpretation and
application of conventions concluded or to be concluded between the High Con-
tracting Parties, which it may not have been possible to settle by diplomacy,
shall be submitted to a Conciliation Commission with a view to arriving at a
mutual agreement.

Article 2

The Commission shall meet once a year on a date to be fixed by the two Govern-
ments. The Governments may, however, agree either to summon one or more
extraordinary sessions, in case of urgency, or to defer an ordinary session to the
following year.

The Commission shall meet alternately in Moscow and Tallinn, the first session,
to take place in Moscow. As a general rule, no session shall last longer thaa
fifteen days.

Article 3

Each of the two Governments shall appoint two members of the Commission
for each session, to be chosen from among its own nationals. Each session shall
be presided over by one of the two members of the Commission who are nationals
of the country in whose territory the session is held.

Each of the High Contracting Parties shall be entitled, in special cases, to-
attach experts to its delegation wlio shall have the right to take part in the-
sessions of the Commission in an advisory capacity.

Article 4

Not later than fifteen days from the date of the sunuuoning of the ordinary
session of the Conciliation Commission, each of the I'arties shall communicate-
to the other Party, through the diplomatic channel, a list of the questions whicli
it desires to consider during that session.

In the case of a request for the summoning of an extraordinary session, the
Government making the request shall inform the other Government of the urgent
circumstances whicli have prompted its request. The Commission shall meet not
later than one month after the request has been received.



* Translated by the Secretariat of the League of Nations, for information.



BALTIC STATES INVESTIGATION 531

Article 5

It shall be the duty of the Conciliation Commission to elucidate disputed ques-
tions and to propose to both Governments the interpretation or the bases of
conciliation which it shall deem to be equitable and on which it .shall recommend
them to reach an agreement by the dii)lomatic channel. Should the Commission
be unable to agree upon a common proposal regarding any question on the agenda
in the course of one session, that question shall, at the request of one of the
Parties, be submitted to further examination at an extraordinary session, which-
shall be held not later than four months after the preceding session.

The findings of each session shall be submitted to the two Governments in the
farm of a joint report, which shall be published, in whole or in part, with the-
consent of the Parties.

Article 6

The Conciliation Commission shall itself decide the form of its procedure.

Article 7

Both Parties undertake to supply the Commission with all necessary informa-
tion and to facilitate the accomplishment of its task in every way.

Article 8

Both Parties undertake to refrain from any measure dependent on them which



Online LibraryUnited States. Congress. House. Select committee oBaltic States investigation. [First interim report] (Volume pt. 1) → online text (page 65 of 75)