Memorandum Appendix XX. Supplementary Russian-German Treaty, August 27, 1918.
XX.
SUPPLEMENTARY RUSSIAN-GERMAN TREATY, AUGUST 27, 1918.
[Izvestia, Sept. 3, 1918.)
Supplementary Treaty to the Treaty of Peace between Russia for the one part, and Germany, Austria-Hungary Turkey, and Bulgaria for the other.
Guided by the wish to solve certain political questions which have arisen in connection with the peace treaty of March 3-7, 1918, between Russia for the one part, and Germany, Austria-Hungary, Bulgaria, and Turkey for the other part, in the spirit of friendly understanding and mutual conciliation, and, in so doing, to promote the restoration of good and confidential relations between the two States, for which a way was paved by the conclusion of peace, the Government of the Russian Socialist Federated Soviet Republic and the German Imperial Government have agreed to conclude a supplementary treaty to the Peace Treaty with this object, and have appointed as their plenipotentiaries:
For the Government of the Russian Socialist Federated Soviet Republic: Its diplomatic representative accredited to the German Imperial Government, M. Adolf Joffé;
For the Imperial German Government: The Secretary of State for Foreign Affairs, the Imperial Privy Councillor, Rear Admiral Paul von Hintze, retired; and the Director in the Foreign Office, the Imperial Privy Councillor, Dr. Johann Kriege.
After exchanging their credentials, and finding them in correct and proper form, the plenipotentiaries agreed to the following provisions:
CHAPTER I. - DEMARCATIONS AND FRONTIER COMMISSIONS.
ARTICLE 1.
In so far as this has not yet been done, Russian-German Commissions will immediately be formed to fix demarcation lines for all fronts where German and Russian troops face one another. Exact details as to this shall be agreed on by the commanders of the troops on each side.
These demarcation lines shall be so drawn that there are neutral zones between the respective fronts, which zones must not be trodden by any members of the respective armies, with the exception of parlementaries. In so far as there is not regular traffic between the respective fronts, such traffic will be established by the demarcation commissions.
ARTICLE 2.
The Russian-German Commission for fixing the frontier line, provided for in article 3, paragraph 1, of the Peace Treaty, shall also fix the eastern frontiers of Esthonia and Livonia, agreed on in article 6, paragraph 2, of that treaty, more exactly.
After the fixing of the eastern frontier of Esthonia and Livonia, provided for in paragraph 1, Germany will evacuate the territory occupied by her east of this frontier without delay.
ARTICLE 3.
Germany will evacuate the territory occupied by her east of the Beresina, even before the conclusion of general peace, in proportion as Russia makes the cash payments stipulated in article 2 of the Russian-German Financial Agreement of this date; further provisions as to this, particularly the fixing of the individual sectors to be evacuated, are left to the commission referred to in article 2, paragraph 1, of this Supplementary Treaty.
The contracting parties reserve the right to make further agreements with regard to the effecting of the evacuation of the occupied territory west of the Beresina before the conclusion of general peace, in accordance with the fulfillment by Russia of the remaining financial obligations undertaken by her.
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CHAPTER II. - SEPARATIST MOVEMENT IN THE RUSSIAN STATE.
ARTICLE 4.
In so far as is not otherwise prescribed in the Peace Treaty or in this Supplementary Treaty, Germany will in no wise interfere in the relations between the Russian State and parts of its territory, and will thus in particular neither cause nor support the formation of independent States in those territories.
CHAPTER III. - NORTH-RUSSIAN TERRITORY.
ARTICLE 5.
Russia will at once employ all the means at her disposal to expel the Entente forces from North-Russian territory in observance of her neutrality.
Germany guarantees that during these operations there shall be no Finnish attacks of any kind on Russian territory, particularly on Petrograd.
ARTICLE 6.
When the Entente forces shall have evacuated North-Russian territory, the local Russian coast shipping within the 3-mile limit from the north coast, and the fishing sailing boats within a stretch of 30 miles along this coast, shall be relieved of the barred-zone menace. The German naval command shall have an opportunity, in a way to be further agreed upon, of convincing itself that this concession shall not be taken advantage of to forward contraband goods.
CHAPTER IV. - ESTHONIA, LIVONIA, COURLAND, AND LITHUANIA.
ARTICLE 7.
Russia, taking account of the conditions at present existing in Esthonia and Livonia, renounces sovereignty over these regions, as well as all interference in their internal affairs. Their future fate shall be decided in agreement with their inhabitants.
No obligations of any kind toward Russia shall accrue to Esthonia and Livonia through their former union with Russia.
ARTICLE 8.
To facilitate Russian trade through Esthonia, Livonia, Courland and Lithuania the following is agreed:
No. 1.
In Esthonia, Livonia, Courland, and Lithuania the through transport of goods to and from Russia on routes liable to the payment of duty shall be absolutely free, and the goods to be transported shall not be subject to any transit duties er general transport dues.
No.2.
On the railways connecting Russia with Reval, Riga. and Windau, the freight tariffs on the goods to be forwarded in through trade with Russia are to be kept as low as possible. They may only be raised above the rates in force on August 1, 1914, by taking the average of the amount by which a general rise in the freight tariffs of the lines in question may be necessary to cover the cost of working and upkeep, including the payment of interest, and timely redemption of the capital invested. Neither must they be higher than the freight tariffs for goods of the same kind of inland origin or destination, which are forwarded over the same lines and in the same direction.
No.3.
Shipping on the West Dvina between Russia and the open sea, as well as between all places on the Livonian-Courland Dvina, and on the Russian Dvina is, subject to prevailing police regulations, to be free for the transport of goods and passengers, without any discrimination in regard to the ships and the subjects of the one or the other party. It is not to be subject to any tax based solely on the fact of the navigation. It is not to be subject to any stations, slips, depot, turnover, or harborage dues.
Exclusive shipping privileges must not be granted either to companies or corporations or to private persons of any kind.
Taxes for the use of works and institutions which are created, or may be created in future, to facilitate traffic, or to improve and maintain the navigation of the river, may only be raised uniformly in accordance with published tariffs and to the extent necessary to cover the cost of restoration and upkeep, inclusive of payment of interest and redemption of the capital invested. The cost of restoring and keeping up works and institutions which are not for the facilitation of traffic and the improvement and maintenance of the navigation of the river, but are intended to further other objects and interests, may be raised only to a proportionate extent by shipping dues.
The provisions of Nos. 1 to 3 preceding apply also to timber rafts.
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No.4.
At Reval, Riga, and Windau, Russia shall have suitably situated free port zones assigned to her, in which the storing and unpacking of goods coming from or intended for Russia, can take place without hindrance, and the work of dispatching goods from or to the Russian Customs zone can be done by Russian officials.
No.5.
The individual questions connected with the provision of Nos. 1 to 4, particularly the restrictions to which these provisions may be subjected in war time out of consideration for war necessity, or for urgent sanitary reasons, shall be regulated by a special agreement.
ARTICLE 9.
The water of Lake Peipus is not to be artificially diverted on either side to such a degree as to lower the water level. No methods of fishing calculated to diminish the stock of fish will be permitted; a further agreement as to this is reserved.
The water power of the Narova is to be made available when possible for the supply of electricity for the Province of Petrograd according to a special agreement to be made regarding this.
ARTICLE 10.
With regard to Esthonia, Livonia, Courlanc1, and Lithuania, agreements, among other agreements, are to be concluded with Russia, as to the following points:
1. With regard to the nationality of the former Russian inhabitants of these territories, as to which they must in any case be allowed the right of option and departure;
2. With regard to the return of the property in Russia belonging to citizens of these territories, particularly that belonging to publicly recognized societies, establishments, and charitable institutions, as well as the property in these territories which belongs to Russian citizens;
3. With regard to an arrangement concerning the property of the communal associations cut up by the new frontiers
4. With regard to an arrangement concerning the archives, the documents of the legal and administrative authorities, the legal and administrative trusts, and the register of births, marriages, deaths, etc.;
5. With regard to the regulation of the new frontiers;
6. With regard to the effect of the territorial alterations on the State treaties.
CHAPTER V. - RUSSIAN BLACK SEA TERRITORY WITH EXCEPTION OF THE CAUCASUS.
ARTICLE 11.
With reservation of the provisions of article 12, Germany will evacuate the Russian Black Sea territory, outside the Caucasus, occupied by her after the ratification of the treaty of peace to be concluded between Russia and the Ukraine.
ARTICLE 12.
The parts of the occupied territory which do not belong to the districts referred to in the third Ukrainian Universal of November 7, 1917, shall be evacuated by the German forces at latest on the conclusion of the general peace, in so far as the peace between Russia and the Ukraine shall not have come into being before then.
The evacuation of the railway line Rostov-Voronezh, as well as of the occupied territory east of it, and a suitable frontier district west of it, including the town of Rostov, will follow as soon as this is demanded on the Russian side. Until the evacuation, Germany will permit the forwarding of grain and other goods for the Russian Government, under the supervision of Russian officials, on those portions of the railway situated in the occupied territory; the same applies for the portions of the railway lines Taganrog-Rostov and Taganrog-Kursk, lying in the occupied territory, for the duration of the occupation.
So long as the Donetz Basin is occupied by German troops in accordance with article 11 and article 12, paragraph 1, Russia shall receive monthly from the quantities of coal extracted there a three-times greater number of tons than it lets Germany have of crude oil or crude oil products from the Baku district in accordance with article 14, paragraph 2, and a four-times greater number of tons for the consignments of benzine contained therein. In so far as the coal supply in the Donetz Basin is not sufficient for this, or must be used for other purposes, it will be supplemented by German coal.
CHAPTER VI. - THE CAUCASUS.
ARTICLE 13.
Russia agrees to Germany's recognizing Georgia as an independent State.
ARTICLE 14.
Germany will give no assistance to any third power in any military operations in the Caucasus outside Georgia or the districts mentioned in article IV, paragraph 3, of the Peace Treaty. She will also take measures to prevent the military forces of any third power in the Caucasus overstepping the following lines: The Kuban, from its mouth to Petropavlovsk; from there onward the boundaries of the district Shemakha to Agrioba; thence a straight line to the point where the boundaries of the districts of Baku, Shemakha, and Kuban meet; thence along the northern boundary of the district of Baku to the sea.
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Russia will do her utmost to further the production of crude oil and crude oil products in the Baku district, and will supply to Germany a quarter of the amount produced, or at least a number of tons, to be agreed upon later, per month. In so far as the quantities produced in the Baku district are not sufficient to supply this number of tons, or must be used for other purposes. they will be supplemented by quantities produced elsewhere. The price will be reckoned by the value of the coal Russia is to be allowed to have in accordance with article 12, paragraph 3, and the remainder will be reckoned by the value of the commodities which Germany is to be allowed to have from Russia in accordance with Article 3, No.2 of the Russian-German Financial Agreement of this date.
CHAPTER VII. - TREATMENT OF RUSSIAN WARSHIPS AND RUSSIAN STORES CONFISCATED BY GERMAN MILITARY FORCES AFTER THE CONCLUSION OF PEACE.
ARTICLE 15.
Germany recognizes Russia's ownership of the Russian warships confiscated by German forces after the ratification of the Peace Treaty, subject to Russia coming to terms with the Ukraine and Finland as to the national property of the former Russian Empire.
The warships confiscated will remain under German supervision until the conclusion of the general peace.
ARTICLE 16.
Germany admits Russia's claim to be compensated for the Russian stores which have been confiscated outside the Ukraine and Finland by German forces after the conclusion of peace. This compensation will be reckoned in when Germany's and Russia's financial obligations arising from the Supplementary Treaty to the Peace Treaty are settled.
CHAPTER VIII. - CONCLUDING PROVISIONS.
ARTICLE 17.
This Supplementary Treaty shall be ratified, and the ratification documents shall be exchanged not later than September 6, 1918, in Berlin.
The Treaty comes into force on the day the ratification documents are exchanged.
In witness whereof the plenipotentiaries have signed and sealed this Supplementary Treaty.
Executed in duplicate in Berlin on this 27th day of August, 1918.
A. JOFFÉ,
VON HINTZE,
KRIEGE.
