1. This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged in Athens as soon as possible.
2. This Treaty shall enter into force one month after the exchange of the instruments of ratification.
3. At the end of ten years, the treaty may be terminated at any time, but shall remain in force for one year after termination.
Conclusion
IN WITNESS WHEREOF, the Plenipotentiaries have signed and affixed their seals to this Treaty.
DONE at Bonn this eighteenth day of March one thousand nine hundred and sixty in four originals, two in the German language and two in the Greek language, the texts in both languages being authentic.
For the Federal Republic of Germany:
A.H. van Scherpenberg
For the Kingdom of Greece:
Ypsilanti
Attachments
Protocol
The two States concluding the Treaty on Establishment and Navigation signed today in Bonn refer to the provisions of the said Treaty and have agreed on the following provisions, which shall form an integral part thereof:
1. Ad Article 1 and Article 2, paragraph 1
In accordance with the principles laid down in Article 1 and Article 2, paragraph 1, applications for the issue, renewal and extension of residence permits shall be examined favorably. This shall apply preferably to nationals of one of the Contracting States whose presence in the territory of the other Contracting State promotes the activities of enterprises of that State or cooperation in the cultural field.
2. Ad Article 2, paragraph 3
In accordance with the principles of Article 1, paragraph 1, of the Treaty, the expiration of the said period shall not be prevented for reasons of State security, public order or morality other than those referred to in Article 2, paragraph 1, of the Treaty.
The residence of nationals of a Contracting Party in the territory of the other Contracting Party shall be deemed to be orderly within the meaning of Article 2 if the provisions relating to the entry, residence and freedom of movement of aliens and to the pursuit of gainful employment by aliens have been complied with.
3. Ad Article 2, paragraph 4
An absence not exceeding three months per year shall not be considered as an interruption of the orderly residence. If this period is exceeded, an interruption shall not occur if compelling reasons prevent the timely return.
4. Ad Article 4, paragraph 1
Persons who are nationals of both Contracting States shall perform their compulsory military service in the Contracting State in whose territory they have their permanent residence and their means of subsistence.
Completion of compulsory military service shall not be deemed to include paid work as an interpreter, as a work supervisor or as an employee on the basis of an employment contract.
Military service performed and proven in one of the Contracting States in accordance with the first sentence shall be recognized by the other Contracting State as fulfillment of the compulsory military service to the extent of the time spent in military service.
5. Ad Article 4, paragraph 4
Natural disasters or similar catastrophes" in Article 4, paragraph 4, do not include war and warlike conditions.
6. Ad Article 5, paragraphs 3 and 4
The provisions of Article 5, paragraphs 3 and 4, shall also apply to the transfer of a private enterprise to public ownership, its placement under public supervision or similar interventions by public authorities. Expropriation shall be understood as the deprivation or restriction of any private property right.
7. Ad Article 6, paragraph 1
In the interest of economic relations between the Contracting States, nationals of one Contracting State may arbitrate in the territory of the other Contracting State in the same manner as nationals in arbitration proceedings in which the choice of arbitrators is left exclusively to the parties.
8. Ad Article 7, paragraph 1
Admission to economic activities shall include the establishment and maintenance of branches, agencies, offices, factories and other establishments suitable for the conduct of business.
In order to facilitate admission to independent economic and professional activities, the Contracting States shall be generous in granting the necessary authorizations.
9. Ad Article 7, paragraph 2
Management and administration shall be understood to mean the activities of the persons listed in the second sentence of Article 8, paragraph 4, and of the persons who, in accordance with the law and the provisions of the articles of association, are appointed to represent the company, to manage it responsibly or to supervise its affairs.
10. Ad Article 7, paragraph 4
Enterprises which are under the influence of nationals or companies of the other Contracting Party shall be regarded in particular as enterprises over the management of which nationals or companies of the other Contracting Party are in a position to exercise influence by virtue of capital holdings.
11. Ad Article 7, paragraph 5
(a) The concept of "public service" shall be determined by the laws of each Contracting State.
(b) The Contracting States agree, in accordance with paragraph 5 of Article 7, that the national treatment agreed in paragraphs 1, 2 and 4 of Article 7 shall not apply to the following professions and activities:
1. physicians, dentists, veterinarians,
2. non-medical practitioners, midwives,
3. pharmacists,
4. notaries, lawyers, legal advisers,
5. patent attorneys,
6. auditors, accountants, tax consultants, assistants in tax matters,
7. emigration entrepreneurs, emigration agents,
8. district chimney sweeps,
9. bookmakers and lottery collectors,
10. insurance companies, banking and credit companies,
11. captains, ship's officers and crews, and pilots of merchant marine,
12. commercial manufacture of firearms and ammunition and trade in these goods,
13. production, trade or use of explosives,
14. manufacture, transport and marketing of weapons of war,
15. itinerant trade and itinerant trade at the place of residence,
16. commercial use of aircraft, including transportation in aircraft,
17. commercial exploration and exploitation of mineral deposits and petroleum resources.
Nationals and companies of one Contracting Party shall be granted most-favored-nation treatment in the territory of the other Contracting Party in all the above matters.
12. Ad Article 8
No fees shall be charged for decisions on the granting of work permits in accordance with national regulations.
13. Ad Article 8, paragraph 2
The laws and administrative regulations of each Contracting State shall be decisive in deciding whether there is an interruption of the minimum period of employment of five years referred to in Article 8, paragraph 2.
14. Ad Article 8, paragraph 8
Paragraph 3 of the Protocol shall apply mutatis mutandis.
15. Ad Article 11
(a) Nothing in Article 11 shall prevent any Contracting State from requiring, as a condition of registration in the National Register, that ships and aircraft shall not be owned by nationals or companies of a foreign State.
(b) The restrictions in force in each Contracting State on the acquisition of immovable property by aliens shall not be affected.
16. Ad Article 12
Article 12 shall not apply to customs duties and charges of any kind levied on imports and exports governed by the provisions of Articles II and IV of the General Agreement on Tariffs and Trade of 30 October 1947 (revised text) to which the Federal Republic of Germany and the Kingdom of Greece are parties.
17. Ad Article 19
(a) The provisions of paragraph 1 of Article 19 shall be without prejudice to the regulations of both Contracting Parties relating to motor traffic and air traffic.
(b) In the case of transit traffic, the provisions of paragraph 3 of Article 19 shall not preclude the levying of taxes or other charges payable in respect of carriage or of traffic in means of transport, provided that they are levied in accordance with national treatment and most-favored-nation treatment.
18. Ad Article 22(c)
Coastal navigation" shall also be understood to mean any carriage of goods transhipped directly or indirectly in the ports of one of the Contracting States for the purpose of being transported to another port of the same Contracting State, even if accompanied by a bill of lading direct and independent of their origin or destination. The same shall apply to the carriage of passengers, even if they are in possession of direct tickets.
19. Ad Article 24(a)
Cyprus shall be considered as a country adjacent to Greece for the purposes of this provision.
The foregoing Protocol shall be signed at the same time as the said Treaty and shall remain in force as long as the Treaty itself. The texts in both languages shall be equally authentic.
DONE at Bonn this eighteenth day of March, one thousand nine hundred and sixty-nine.
For the Federal Republic of Germany:
A. H. van Scherpenberg
For the Kingdom of Greece:
Ypsilanti
Attachments
Exchange of letters
The State Secretary of the Federal Foreign Office
Bonn, March 18, 1960
Mr. Ambassador,
I have the honor to bring to your attention the signing of the Settlement and Shipping Treaty between the Federal Republic of Germany and the Kingdom of Greece that my Government deems it appropriate to clarify the following with respect to the Treaty:
The domestic regulations concerning emigration and the carriage of emigrants shall not be affected by the Treaty. The Government of the Federal Republic of Germany, however, in the expectation of reciprocity, will not refuse the necessary permits on the ground that the application is made by the Greek side. Guided by the spirit of cooperation which has prevailed in the preparation of this Treaty, and in view of the friendly relations existing between the two States, the competent authorities intend to treat applications from the Greek side for permission to transport emigrants in the Federal Republic of Germany with the same generosity as hitherto.
Please accept, Mr. Ambassador, the assurance of my highest consideration
His Excellency
the Royal Greek Ambassador
Mr. Thomas Ypsilanti
The State Secretary of the Foreign Office
Mr. Ambassador,
A. H. van Scherpenberg
Bonn, March 18, 1960
I have the honor to bring to your attention, at the time of the signing of the Settlement and Navigation Treaty between the Federal Republic of Germany and the Kingdom of Greece, that my Government deems it advisable to make the following clarification concerning the Treaty:
Citizens of the Federal Republic of Germany are all Germans within the meaning of the Basic Law.
Please accept, Sir, the assurance of my highest consideration.
A. H. van Scherpenberg
His Excellency
the Royal Greek Ambassador
Mr. Thomas Ypsilanti