SESTA PARTE
ANNEX
XIII
DEFINITIONS
NAVAL |
MILITARY,
MILITARY AIR
NAVAL TRAINING |
DEFINITION AND
LIST
OF WAR MATERIAL |
DEFINITION OF THE TERMS "DEMILITARISATION" AND "DEMILITARISED" |
ANNEX
XIV
ECONOMIC AND
FINANCIAL PROVISIONS
RELATING
TO CEDED TERRITORIES |
ANNEX
XV
SPECIAL PROVISIONS
INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY
INSURANCE |
ANNEX
XVI
CONTRACTS,
PRESCRIPTION
AND NEGOTIABLE
INSTRUMENTS |
ANNEX
XVII
PRIZE
COURTS
AND
JUDGMENTS |
ANNEX
XIII
DEFINITIONS
A. NAVAL
(See Article 59)
Standard displacement
The standard displacement of a surface vessel is the displacement of
the vessel, complete, fully manned, engined and equipped ready for sea,
including all armament and ammunition, equipment, outfit, provisions
and fresh water for crew, miscellaneous stores and implements of every
description that are intended to be carried in war, but without fuel
or reserve feed water on board.
The standard displacement is expressed in tons of 2,240 lbs. (1,016
kgs.).
War vessel
A war vessel, whatever its displacement, is:
1. A vessel specifically built or adapted as a fighting unit for naval,
amphibious or naval air warfare; or
2. A vessel which has one of the following characteristics:
(a) mounts a gun with a calibre exceeding 4.7 inches (120 mm.);
(b) mounts more than four guns with a calibre exceeding 3 inches (76
mm.);
(c) is designed or fitted to launch torpedoes or to lay mines;
(d) is designed or fitted to launch self-propelled or guided missiles;
(e) is designed for protection by armour plating exceeding 1 inch (25mm.)
in thickness;
(f) is designed or adapted primarily for operating aircraft at sea;
(g) mounts more than two aircraft launching apparatus;
(h) is designed for a speed greater than twenty knots if fitted with
a gun of calibre exceeding 3 inches (76 mm.).
A war vessel belonging to sub-category 1 is no longer to be considered
as such after the twentieth year since completion if all weapons are
removed.
Battleship
A battleship is a war vessel, other than an aircraft carrier, the standard
displacement of which exceeds 10,000 tons or which carries a gun with
a calibre exceeding 8 inches (203 mm.).
Aircraft carrier
An aircraft carrier is a war vessel, whatever her displacement, designed
or adapted primarily for the purpose of carrying and operating aircraft.
Submarine
A submarine is a vessel designed to operate below the surface of the
sea.
Specialised types of assault craft
1. All types of craft specially designed or adapted for amphibious operations.
2. All types of small craft specially designed or adapted to carry an
explosive or incendiary charge for attacks on ships or harbours.
Motor torpedo boat
A vessel of a displacement less than 200 tons, capable of a speed of
over 25 knots and of operating torpedoes.
B. MILITARY, MILITARY AIR AND
NAVAL TRAINING
(See Articles 60, 63 and 65)
1. Military training is defined as: the study of and practice in
the use of war material specially designed or adapted for army purposes,
and training devices relative thereto; the study and carrying out of
all drill or movements which teach or practice evolutions performed
by fighting forces in battle; and the organised study of tactics, strategy
and staff work.
2. Military air training is defined as: the study of and practice in
the use of war material specially designed or adapted for air force
purposes, and training devices relative thereto; the study and practice
of all specialised evolutions, including formation flying, performed
by aircraft in the accomplishment of an air force mission; and the organised
study of air tactics, strategy and staff work.
3. Naval training is defined as: the study, administration or practice
in the use of warships or naval establishments as well as the study
or employment of all apparatus and training devices relative thereto,
which are used in the prosecution of naval warfare, except for those
which are also normally used for civilian purposes; also the teaching,
practice or organised study of naval tactics, strategy and staff work
including the execution of all operations and manoeuvres not required
in the peaceful employment of ships.
C. DEFINITION AND LIST OF WAR
MATERIAL
(See Article 67)
The term "war material" as used in the present Treaty shall
include all arms, ammunition and implements specially designed or adapted
for use in war as listed below.
The Allied and Associated Powers reserve the right to amend the list
periodically by modification or addition in the light of subsequent
scientific development.
Category I
1. Military rifles, carbines, revolvers and pistols; barrels for these
weapons and other spare parts not readily adaptable for civilian use.
2. Machine guns, military automatic or autoloading rifles, and machine
pistols; barrels for these weapons and other spare parts not readily
adaptable for civilian use; machine gun mounts.
3. Guns, howitzers, mortars, cannon special to aircraft, breechless
or recoil-less guns and flamethrowers; barrels and other spare parts
not readily adaptable for civilian use; carriages and mountings for
the foregoing.
4. Rocket projectors; launching and control mechanisms for self-propelling
and guided missiles; mountings for same.
5. Self-propelling and guided missiles, projectiles, rockets, fixed
ammunition and cartridges, filled or unfilled, for the arms listed in
sub-paragraphs 1-4 above and fuses, tubes or contrivances to explode
or operate them. Fuses required for civilian use are not included.
6. Grenades, bombs, torpedoes, mines, depth charges and incendiary materials
or charges, filled or unfilled; all means for exploding or operating
them. Fuses required for civilian use are not included.
7. Bayonets.
Category II
1. Armoured fighting vehicles; armoured trains, not technically convertible
to civilian use.
2. Mechanical and self-propelled carriages for any of the weapons listed
in Category I; special type military chassis or bodies other than those
enumerated in sub-paragraph 1 above.
3. Armour plate, greater than three inches in thickness, used for protective
purposes in warfare.
Category III
1. Aiming and computing devices, including predictors and plotting apparatus,
for fire control; direction of fire instruments; gun sights; bomb sights;
fuse setters; equipment for the calibration of guns and fire control
instruments.
2. Assault bridging, assault boats and storm boats.
3. Deceptive warfare, dazzle and decoy devices.
4. Personal war equipment of a specialised nature not readily adaptable
to civilian use.
Category IV
1. Warships of all kinds, including converted vessels and craft designed
or intended for their attendance or support, which cannot be technically
reconverted to civilian use, as well as weapons, armour, ammunition,
aircraft and all other equipment, material, machines and installations
not used in peace time on ships other than warships.
2. Landing craft and amphibious vehicles or equipment of any kind; assault
boats or devices of any type as well as catapults or other apparatus
for launching or throwing aircraft, rockets, propelled weapons or any
other missile, instrument or device whether manned or unmanned, guided
or uncontrolled.
3. Submersible or semi-submersible ships, craft, weapons, devices, or
apparatus of any kind, including specially designed harbour defence
booms, except as required by salvage, rescue or other civilian uses,
as well as all equipment, accessories, spare parts, experimental or
training aids, instruments or installations as may be specially designed
for the construction, testing, maintenance or housing of the same.
Category V
1. Aircraft, assembled or unassembled, both heavier and lighter than
air, which are designed or adapted for aerial combat by the use of machine
guns, rocket projectors or artillery, or for the carrying and dropping
of bombs, or which are equipped with, or which by reason of their design
or construction are prepared for, any of the appliances referred to
in sub-paragraph 2 below.
2. Aerial gun mounts and frames, bomb racks, torpedo carriers and bomb
release or torpedo release mechanisms; gun turrets and blisters.
3. Equipment specially designed for and used solely by airborne troops.
4. Catapults or launching apparatus for ship-borne, land- or sea-based
aircraft; apparatus for launching aircraft weapons.
5. Barrage balloons.
Category VI
Asphyxiating, lethal, toxic or incapacitating substances intended for
war purposes, or manufactured in excess of civilian requirements.
Category VII
Propellants, explosives, pyrotechnics or liquefied gases destined for
the propulsion, explosion, charging or filling of, or for use in connection
with, the war material in the present categories, not capable of civilian
use or manufactured in excess of civilian requirements.
Category VIII
Factory and tool equipment specially designed for the production and
maintenance of the material enumerated above and not technically convertible
to civilian use.
D. DEFINITION OF THE TERMS "DEMILITARISATION"
AND "DEMILITARISED"
(See Articles 11, 14, 49 and Article 3 of Annex VI)
For the purpose of the present Treaty the terms "demilitarisation"
and "demilitarised" shall be deemed to prohibit, in the territory
and territorial waters concerned, all naval, military and military air
installations, fortifications and their armaments; artificial military,
naval and air obstacles; the basing or the permanent or temporary stationing
of military, naval and military air units; military training in any
form; and the production of war material. This does not prohibit internal
security personnel restricted in number to meeting tasks of an internal
character and equipped with weapons which can be carried and operated
by one person, and the necessary military training of such personnel.
ANNEX XIV
ECONOMIC AND FINANCIAL PROVISIONS RELATING TO CEDED TERRITORIES
1. The Successor State shall receive, without payment, Italian State
and para-statal property within territory ceded to it under the present
Treaty, as well as all relevant archives and documents of an administrative
character or historical value concerning the territory in question,
or relating to property transferred under this paragraph.
The following are considered as State or para-statal property for the
purposes of this Annex: movable and immovable property of the Italian
State of local authorities and of public institutions and publicly owned
companies and associations, as well as movable and immovable property
formerly belonging to the Fascist Party or its auxiliary organizations.
2. All transfers effected after 3 September 1943 of Italian State and
para-statal property as defined in paragraph 1 above shall be deemed
null and void. This provision shall not, however, extend to lawful acts
relating to current operations of State and para-statal agencies in
so far as they concern the sale, within normal limits, of goods ordinarily
produced or sold by them in the execution of normal commercial arrangements
or in the normal course of governmental administrative activities.
3. Italian submarine cables connecting points in ceded territory, or
connecting a point in ceded territory with a point in other territory
of the Successor State, shall be deemed to be Italian property in the
ceded territory, despite the fact that lengths of these cables may lie
outside territorial waters. Italian submarine cables connecting a point
in ceded territory with a point outside the jurisdiction of the Successor
State shall be deemed to be Italian property in ceded territory so far
as concerns the terminal facilities and the lengths of cables lying
within territorial waters of the ceded territory.
4. The Italian Government shall transfer to the Successor State all
objects of artistic, historical or archaeological value belonging to
the cultural heritage of the ceded territory, which, while that territory
was under Italian control were removed therefrom without payment and
are held by the Italian Government or by Italian public institutions.
5. The Successor State shall make arrangements for the conversion into
its own currency of Italian currency held within the ceded territory
by persons continuing to reside in the said territory or by juridical
persons continuing to carry on business there. Full proof of the source
of the funds to be converted may be required from their holders.
6. The Government of the Successor State shall be exempt from the payment
of the Italian public debt, but will assume the obligations of the Italian
State towards holders who continue to reside in the ceded territory,
or who, being juridical persons, retain their si�ge social or
principal place of business there, in so far as these obligations correspond
to that portion of this debt which has been issued prior to 10 June
1940 and is attributable to public works and civil administrative services
of benefit to the said territory but not attributable directly or indirectly
to military purposes.
Full proof of the source of such holdings may be required from the holders.
The Successor State and Italy shall conclude arrangements to determine
the portion of the Italian public debt referred to in this paragraph
and the methods for giving effect to these provisions.
7. Special arrangements shall be concluded between the Successor State
and Italy to govern the conditions under which the obligations of Italian
public or private social insurance organizations towards the inhabitants
of the ceded territory, and a proportionate part of the reserves accumulated
by the said organizations, shall be transferred to similar organizations
in the Successor State.
Similar arrangements shall also be concluded between the Successor State
and Italy to govern the obligations of public and private social insurance
organizations whose si�ge social is in the ceded territory, with
regard to policy holders or subscribers residing in Italy.
8. Italy shall continue to be liable for the payment of civil or military
pensions earned, as of the coming into force of the present Treaty,
for service under the Italian State, municipal or other local government
authorities, by persons who under the Treaty acquire the nationality
of the Successor State, including pension rights not yet matured. Arrangements
shall be concluded between the Successor State and Italy providing for
the method by which this liability shall be discharged.
9. The property, rights and interests of Italian nationals permanently
resident in the ceded territories at the coming into force of the present
Treaty shall, provided they have been lawfully acquired, be respected
on a basis of equality with the rights of nationals of the Successor
State.
The property, rights and interests within the ceded territories of other
Italian nationals and also of Italian juridical persons, provided they
have been lawfully acquired, shall be subject only to such legislation
as may be enacted from time to time regarding the property of foreign
nationals and juridical persons generally.
Such property, rights and interests shall not be subject to retention
or liquidation under the provisions of Article 79 of the present Treaty,
but shall be restored to their owners freed from any measures of this
kind and from any other measure of transfer, compulsory administration
or sequestration taken between 3 September 1943 and the coming into
force of the present Treaty.
10. Persons who opt for Italian nationality and move to Italy shall
be permitted, after the settlement of any debts or taxes due from them
in ceded territory, to take with them their movable property and transfer
their funds, provided such property and funds were lawfully acquired.
No export or import duties will be imposed in connection with the moving
of such property. Further, they shall be permitted to sell their movable
and immovable property under the same conditions as nationals of the
Successor State.
The removal of property to Italy will be effected under conditions and
within the limits agreed upon between the Successor State and Italy.
The conditions and the time periods of the transfer of the funds, including
the proceeds of sales, shall likewise be agreed.
11. The property, rights and interests of former Italian nationals,
resident in the ceded territories, who become nationals of another State
under the present Treaty, existing in Italy at the coming into force
of the Treaty, shall be respected by Italy in the same measure as the
property, rights and interests of United Nations nationals generally.
Such persons are authorized to effect the transfer and the liquidation
of their property, rights and interests under the same conditions as
may be established under paragraph 10 above.
12. Companies incorporated under Italian law and having si�ge social
in the ceded territory, which wish to remove si�ge social to
Italy, shall likewise be dealt with under the provisions of paragraph
10 above, provided that more than fifty percent of the capital of the
company is owned by persons usually resident outside the ceded territory,
or by persons who opt for Italian nationality under the present Treaty
and who move to Italy, and provided also that the greater part of the
activity of the company is carried on outside the ceded territory.
13. Debts owed by persons in Italy to persons in the ceded territory
or by persons in the ceded territory to persons in Italy shall not be
affected by the cession. Italy and the Successor State undertake to
facilitate the settlement of such obligations. As used in this paragraph,
the term "persons" includes juridical persons.
14. The property in ceded territory of any of the United Nations and
its nationals, if not already freed from Italian measures of sequestration
or control and returned to its owner, shall be returned in the condition
in which it now exists.
15. The Italian Government recognizes that the Brioni Agreement of 10
August 1942 is null and void. It undertakes to participate with the
other signatories of the Rome Agreement of 29 March 1923 in any negotiations
having the purpose of introducing into its provisions the modifications
necessary to ensure the equitable settlement of the annuities which
it provides.
16. Italy shall return property unlawfully removed after 3 September
1943 from ceded territory to Italy. Paragraphs 2, 3, 4, 5 and 6 of Article
75 shall govern the application of this obligation except as regards
property provided for elsewhere in this Annex.
17. Italy shall return to the Successor State in the shortest possible
time any ships in Italian possession which were owned on 3 September
1943 by natural persons resident in ceded territory who acquire the
nationality of the Successor State under the present Treaty, or by Italian
juridical persons having and retaining si�ge social in ceded
territory, except any ships which have been the subject of a bona
fide sale.
18. Italy and the Successor States shall conclude agreements providing
for a just and equitable apportionment of the property of any existing
local authorities whose area is divided by any frontier settlement under
the present Treaty, and for a continuance to the inhabitants of necessary
communal services not specifically covered in other parts of the Treaty.
Similar agreements shall be concluded for a just and equitable allocation
of rolling stock and railway equipment and of dock and harbour craft
and equipment as well as for any other outstanding economic matters
not covered by this Annex.
19. The provisions of this Annex shall not apply to the former Italian
Colonies. The economic and financial provisions to be applied therein
will form part of the arrangements for the final disposal of these territories
pursuant to Article 23 of the present Treaty.
ANNEX XV
SPECIAL PROVISIONS RELATING TO CERTAIN KINDS OF PROPERTY
A. INDUSTRIAL, LITERARY AND
ARTISTIC PROPERTY
1. (a) A period of one year from the coming into force of the present
Treaty shall be accorded to the Allied and Associated Powers and their
nationals without extension fees or other penalty of any sort in order
to enable them to accomplish all necessary acts for the obtaining or
preserving in Italy of rights in industrial, literary and artistic property
which were not capable of accomplishment owing to the existence of a
state of war.
(b) Allied and Associated Powers or their nationals who had duly applied
in the territory of any Allied or Associated Power for a patent or registration
of a utility model not earlier than twelve months before the outbreak
of the war with Italy or during the war, or for the registration of
an industrial design or model or trade mark not earlier than six months
before the outbreak of the war with Italy or during the war, shall be
entitled within twelve months after the coming into force of the present
Treaty to apply for corresponding rights in Italy, with a right of priority
based upon the previous filing of the application in the territory of
that Allied or Associated Power.
(c) Each of the Allied and Associated Powers and its nationals shall
be accorded a period of one year from the coming into force of the present
Treaty during which they may institute proceedings in Italy against
those natural or juridical persons who are alleged illegally to have
infringed their rights in industrial, literary or artistic property
between the date of the outbreak of the war and the coming into force
of the present Treaty.
2. A period from the outbreak of the war until a date eighteen months
after the coming into force of the present Treaty shall be excluded
in determining the time within which a patent must be worked or a design
or trade mark used.
3. The period from the outbreak of the war until the coming into force
of the present Treaty shall be excluded from the normal term of rights
in industrial, literary and artistic property which were in force in
Italy at the outbreak of the war or which are recognised or established
under part A of this Annex, and belong to any of the Allied and Associated
Powers or their nationals. Consequently, the normal duration of such
rights shall be deemed to be automatically extended in Italy for a further
term corresponding to the period so excluded.
4. The foregoing provisions concerning the rights in Italy of the Allied
and Associated Powers and their nationals shall apply equally to the
rights in the territories of the Allied and Associated Powers of Italy
and its nationals. Nothing, however, in these provisions shall entitle
Italy or its nationals to more favourable treatment in the territory
of any of the Allied and Associated Powers than is accorded by such
Power in like cases to other United Nations or their nationals, nor
shall Italy be required thereby to accord to any of the Allied and Associated
Powers or its nationals more favourable treatment than Italy or its
nationals receive in the territory of such Power in regard to the matters
dealt with in the foregoing provisions.
5. Third parties in the territories of any of the Allied and Associated
Powers or Italy who, before the coming into force of the present Treaty,
had bona fide acquired industrial, literary or artistic property
rights conflicting with rights restored under part A of this Annex or
with rights obtained with the priority provided thereunder, or had bona
fide manufactured, published, reproduced, used or sold the subject
matter of such rights, shall be permitted, without any liability for
infringement, to continue to exercise such rights and to continue or
to resume such manufacture, publication, reproduction, use or sale which
had been bona fide acquired or commenced. In Italy, such permission
shall take the form of a non-exclusive licence granted on terms and
conditions to be mutually agreed by the parties thereto or, in default
of agreement, to be fixed by the Conciliation Commission established
under Article 83 of the present Treaty. In the territories of each of
the Allied and Associated Powers, however, bona fide third parties
shall receive such protection as is accorded under similar circumstances
to bona fide third parties whose rights are in conflict with
those of the nationals of other Allied and Associated Powers.
6. Nothing in part A of this Annex shall be construed to entitle Italy
or its nationals to any patent or utility model rights in the territory
of any of the Allied and Associated Powers with respect to inventions,
relating to any article listed by name in the definition of war material
contained in Annex XIII of the present Treaty, made, or upon which applications
were filed, by Italy, or any of its nationals, in Italy or in the territory
of any other of the Axis Powers, or in any territory occupied by the
Axis forces, during the time when such territory was under the control
of the forces or authorities of the Axis Powers.
7. Italy shall likewise extend the benefits of the foregoing provisions
of this Annex to United Nations, other than Allied or Associated Powers,
whose diplomatic relations with Italy have been broken off during the
war and which undertake to extend to Italy the benefits accorded to
Italy under the said provisions.
8. Nothing in part A of this Annex shall be understood to conflict with
Articles 78, 79 and 81 of the present Treaty.
B. INSURANCE
1. No obstacles, other than any applicable to insurers generally, shall
be placed in the way of the resumption by insurers who are United Nations
nationals of their former portfolios of business.
2. Should an insurer, who is a national of any the United Nations, wish
to resume his professional activities in Italy, and should the value
of the guarantee deposits or reserves required to be held as a condition
of carrying on business in Italy be found to have decreased as a result
of the loss or depreciation of the securities which constituted such
deposits or reserves, the Italian Government undertakes to accept, for
a period of eighteen months, such securities as still remain as fulfilling
any legal requirements in respect of deposits and reserves.
ANNEX XVI
CONTRACTS, PRESCRIPTION AND NEGOTIABLE INSTRUMENTS
A. CONTRACTS
1. Any contract which required for its execution intercourse between
any of the parties thereto having become enemies as defined in part
D of this Annex, shall, subject to the exceptions set out in paragraphs
2 and 3 below, be deemed to have been dissolved as from the time when
any of the parties thereto became enemies. Such dissolution, however,
is without prejudice to the provisions of Article 81 of the present
Treaty, nor shall it relieve any party to the contract from the obligation
to repay amounts received as advances or as payments on account and
in respect of which such party has not rendered performance in return.
2. Notwithstanding the provisions of paragraph 1 above, there shall
be excepted from dissolution and, without prejudice to the rights contained
in Article 79 of the present Treaty, there shall remain in force such
parts of any contract as are severable and did not require for their
execution intercourse between any of the parties thereto, having become
enemies as defined in part D of this Annex. Where the provisions of
any contract are not so severable, the contract shall be deemed to have
been dissolved in its entirety. The foregoing shall be subject to the
application of domestic laws, orders or regulations made by any of the
Allied and Associated Powers having jurisdiction over the contract or
over any of the parties thereto and shall be subject to the terms of
the contract.
3. Nothing in part A of this Annex shall be deemed to invalidate transactions
lawfully carried out in accordance with a contract between enemies if
they have been carried out with the authorization of the Government
of one of the Allied and Associated Powers.
4. Notwithstanding the foregoing provisions, contracts of insurance
and reinsurance shall be subject to separate agreements between the
Government of the Allied or Associated Power concerned and the Government
of Italy.
B. PERIODS OF PRESCRIPTION
1. All periods of prescription or limitation of right of action or of
the right to take conservatory measures in respect of relations affecting
persons or property, involving United Nations nationals and Italian
nationals who, by reason of the state of war, were unable to take judicial
action or to comply with the formalities necessary to safeguard their
rights, irrespective of whether these periods commenced before or after
the outbreak of war, shall be regarded as having been suspended, for
the duration of the war, in Italian territory on the one hand, and on
the other hand in the territory of those United Nations which grant
to Italy, on a reciprocal basis, the benefit of the provisions of this
paragraph. These periods shall begin to run again on the coming into
force of the present Treaty. The provisions of this paragraph shall
be applicable in regard to the periods fixed for the presentation of
interest or dividend coupons or for the presentation for payment of
securities drawn for repayment or repayable on any other ground.
2. Where, on account of failure to perform any act or to comply with
any formality during the war, measures of execution have been taken
in Italian territory to the prejudice of a national of one of the United
Nations, the Italian Government shall restore the rights which have
been detrimentally affected. If such restoration is impossible or would
be inequitable, the Italian Government shall provide that the United
Nations national shall be afforded such relief as may be just and equitable
in the circumstances.
C. NEGOTIABLE INSTRUMENTS
1. As between enemies, no negotiable instrument made before the war
shall be deemed to have become invalid by reason only of failure within
the required time to present the instrument for acceptance or payment,
or to give notice of non-acceptance or non-payment to drawers or endorsers,
or to protest the instrument, nor by reason of failure to complete any
formality during the war.
2. Where the period within which a negotiable instrument should have
been presented for acceptance or for payment, or within which notice
of non-acceptance or non-payment should have been given to the drawer
or endorser, or within which the instrument should have been protested,
has elapsed during the war, and the party who should have presented
or protested the instrument or have given notice of non-acceptance or
non-payment has failed to do so during the war, a period of not less
than three months from the coming into force of the present Treaty shall
be allowed within which presentation, notice of non-acceptance or non-payment,
or protest may be made.
3. If a person has, either before or during the war, incurred obligations
under a negotiable instrument in consequence of an undertaking given
to him by a person who has subsequently become an enemy, the latter
shall remain liable to indemnify the former in respect of these obligations,
notwithstanding the outbreak of war
D. SPECIAL PROVISIONS
1. For the purposes of this Annex, natural or juridical persons shall
be regarded as enemies from the date when trading between them shall
have become unlawful under laws, orders or regulations to which such
persons or the contracts were subject.
2. Having regard to the legal system of the United States of America,
the provisions of this Annex shall not apply as between the United States
of America and Italy.
ANNEX
XVII
PRIZE COURTS AND JUDGMENTS
A. PRIZE COURTS
Each of the Allied and Associated Powers reserves the right to examine,
according to a procedure to be established by it, all decisions and
orders of the Italian Prize Courts in cases involving ownership rights
of its nationals, and to recommend to the Italian Government that revision
shall be undertaken of such of those decisions or orders as may not
be in conformity with international law.
The Italian Government undertakes to supply copies of all documents
comprising the records of these cases, including the decisions taken
and orders issued, and to accept all recommendations made as a result
of the examination of the said cases, and to give effect to such recommendations.
B. JUDGMENTS
The Italian Government shall take the necessary measures to enable nationals
of any of the United Nations at any time within one year from the coming
into force of the present Treaty to submit to the appropriate Italian
authorities for review any judgment given by an Italian court between
10 June 1940 and the coming into force of the present Treaty in any
proceeding in which the United Nations national was unable to make adequate
presentation of his case either as plaintiff or defendant. The Italian
Government shall provide that, where the United Nations national has
suffered injury by reason of any such judgment, he shall be restored
in the position in which he was before the judgment was given or shall
be afforded such relief as may be just and equitable in the circumstances.
The term "United Nations nationals" includes corporations
or associations organised or constituted under the laws of any of the
United Nations.
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