TREATY OF
PEACE WITH TURKEY SIGNED AT LAUSANNE
JULY
24, 1923
THE
CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER INSTRUMENTS
SIGNED AT
LAUSANNE
THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the
SERB-CROAT-SLOVENE STATE,
of
the one part,
and
TURKEY,
of
the other part; Being united in
the desire to bring to a final close the state of war which has existed
in the
East since 1914,
Being anxious to re-establish the relations of friendship and commerce
which
are essential to the mutual well-being of their respective peoples,
And considering that these relations must be based on respect for the
independence and sovereignty of States,
Have decided to conclude a Treaty for this purpose, and have appointed
as their
Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND
AND OF
THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:
The Right Honourable Sir Horace George Montagu Rumbold, Baronet,
G.C.M.G., High
Commissioner at Constantinople;
THE PRESIDENT OF THE FRENCH REPUBLIC:
General Maurice Pelle, Ambassador of France, High Com missioner of the
Republic
in the East, Grand Officer of the National Order of the Legion of
Honour;
HIS MAJESTY THE KING OF ITALY:
The Honourable Marquis Camillo Garroni, Senator of the Kingdom,
Ambassador of
Italy, High Commissioner at Constantinople, Grand Cross of the Orders
of Saints
Maurice and Lazarus, and of the Crown of Italy;
M. Giulio Cesare Montagna, Envoy Extraordinary and Minister
Plenipotentiary at
Athens, Commander of the Orders of Saints Maurice and Lazarus, Grand
Officer of
the Crown of Italy;
HIS MAJESTY THE EMPEROR OF JAPAN:
Mr. Kentaro Otchiai, Jusammi, First Class of the Order of the Rising
Sun,
Ambassador Extraordinary and Plenipotentiary at Rome;
HIS MAJESTY THE KING OF THE HELLENES:
M. Eleftherios K. Veniselos, formerly President of the Council of
Ministers,
Grand Cross of the Order of the Saviour;
M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander
of the
Order of the Saviour;
HIS MAJESTY THE KING OF ROUMANIA:
M. Constantine I. Diamandy, Minister Plenipotentiary;
M.
Constantine Contzesco, Minister
Plenipotentiary;
HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:
Dr. Miloutine Yovanovitch, Envoy Extraordinary and Minister
Plenipotentiary at
Berne;
THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:
Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople; Dr.
Riza Nour
Bey, Minister for Health and for Public Assistance, Deputy for
Sinope;Hassan
Bey, formerly Minister, Deputy for Trebizond;
Who, having produced their full powers, found in good and due orm, have
agreed
as follows:
PART I.
POLITICAL CLAUSES.
ARTICLE I.
From
the coming into force of the
present Treaty, the state of peace will be definitely re-established
between
the British Empire, France, Italy, Japan, Greece, Roumania and the
Serb-Croat-Slovene State of the one part, and Turkey of the other part,
as well
as between their respective nationals. Official relations will be
resumed on
both sides and, in the respective territories, diplomatic and consular
representatives will receive, without prejudice to such agreements as
may be
concluded in the future, treatment in accordance with the general
principles of
international law.
SECTION I.
I. TERRITORIAL CLAUSES.
ARTICLE
2.
From
the Black Sea to the Aegean the
frontier of Turkey is laid down as follows: (I) With Bulgaria:
From
the mouth of the River Rezvaya,
to the River Maritza, the point of junction of the three frontiers of
Turkey,
Bulgaria and Greece:
the
southern frontier of Bulgaria as
at present demarcated;
(2)
With Greece:
Thence
to the confluence of the Arda
and the Marilza:
the
course of the Maritza;
then
upstream along the Arda, up to
a point on that river to be determined on the spot in the immediate
neighbourhood of the village of Tchorek-Keuy:
the
course of the Arda;
thence
in a south-easterly direction
up to a point on the Maritza, 1 kilom. below Bosna-Keuy:
a
roughly straight line leaving in
Turkish territory the village of Bosna-Keuy. The village of
Tchorek-Keuy shall
be assigned to Greece or to Turkey according as the majority of the
population
shall be found to be Greek or Turkish by the Commission for which
provision is
made in Article 5, the population which has migrated into this village
after
the 11th October, 1922, not being taken into account;
thence
to the Aegean Sea:
the
course of the Maritza.
ARTICLE 3.
From
the Mediterranean to the
frontier of Persia, the frontier of Turkey is laid down as follows:
(I )
With Syria:
The
frontier described in Article 8
of the Franco-Turkish Agreement of the 20th October, 1921
(2)
With Iraq:
The
frontier between Turkey and Iraq
shall be laid down in friendly arrangement to be concluded between
Turkey and
Great Britain within nine months.
In
the event of no agreement being
reached between the two Governments within the time mentioned, the
dispute
shall be referred to the Council of the League of Nations.
The
Turkish and British Governments
reciprocally undertake that, pending the decision to be reached on the
subject
of the frontier, no military or other movement shall take place which
might
modify in any way the present state of the territories of which the
final fate
will depend upon that decision.
ARTICLE 4.
The
frontiers described by the
present Treaty are traced on the one-in-a-million maps attached to the
present
Treaty. In case of divergence between the text and the map, the text
will prevail.
[See Introduction.]
ARTICLE 5.
A
Boundary Commission will be
appointed to trace on the ground the frontier defined in Article 2 (2).
This
Commission will be composed of representatives of Greece and of Turkey,
each
Power appointing one representative, and a president chosen by them
from the
nationals of a third Power.
They
shall endeavour in all cases to
follow as nearly as possible the descriptions given in the present
Treaty,
taking into account as far as possible administrative boundaries and
local
economic interests.
The
decision of the Commission will
be taken by a majority and shall be binding on the parties concerned.
The
expenses of the Commission shall
be borne in equal shares by the parties concerned.
ARTICLE 6.
In
so far as concerns frontiers
defined by a waterway as distinct from its banks, the phrases
"course" or "channel" used in the descriptions of the
present Treaty signify, as regards non-navigable rivers, the median
line of the
waterway or of its principal branch, and, as regards navigable rivers,
the
median line of the principal channel of navigation. It will rest with
the
Boundary Commission to specify whether the frontier line shall follow
any
changes of the course or channel which may take place, or whether it
shall be
definitely fixed by the position of the course or channel at the time
when the
present Treaty comes into force.
In
the absence of provisions to the
contrary, in the present Treaty, islands and islets Iying within three
miles of
the coast are included within the frontier of the coastal State.
ARTICLE 7.
The
various States concerned
undertake to furnish to the Boundary Commission all documents necessary
for its
task, especially authentic copies of agreements fixing existing or old
frontiers, all large scale maps in existence, geodetic data, surveys
completed
but unpublished, and information concerning the changes of frontier
watercourses. The maps, geodetic data, and surveys, even if
unpublished, which
are in the possession of the Turkish authorities, must be delivered at
Constantinople with the least possible delay from the coming into force
of the
present Treaty to the President of the Commission.
The
States concerned also undertake
to instruct the local authorities to communicate to the Commission all
documents,
especially plans, cadastral and land books, and to furnish on demand
all
details regarding property, existing economic conditions and other
necessary
information.
ARTICLE 8.
The
various States interested
undertake to give every assistance to the Boundary Commission, whether
directly
or through local authorities, in everything that concerns transport,
accommodation, labour, materials (sign posts, boundary pillars)
necessary for
the accomplishment of its mission.
In
particular, the Turkish Government
undertakes to furnish, if required, the technical personnel necessary
to assist
the Boundary Commission in the accomplishment of its duties.
ARTICLE 9.
The
various States interested
undertake to safeguard the trigonometrical points, signals, posts or
frontier
marks erected by the Commission.
ARTICLE 10.
The
pillars will be placed so as to
be intervisible. They will be numbered, and their position and their
number
will be noted on a cartographic document.
ARTICLE 11.
The
protocols defining the boundary
and the maps and documents attached thereto will be made out in
triplicate, of
which two copies will be forwarded to the Governments of the limitrophe
States,
and the third to the Government of the French Republic, which will
deliver
authentic copies to the Powers who sign the present Treaty.
ARTICLE 12.
The
decision taken on the 13th
February, 1914, by the Conference of London, in virtue of Articles 5 of
the
Treaty of London of the 17th-30th May, 1913, and 15 of the Treaty of
Athens of
the 1st-14th November, 1913, which decision was communicated to the
Greek
Government on the 13th February, 1914, regarding the sovereignty of
Greece over
the islands of the Eastern Mediterranean, other than the islands of
Imbros,
Tenedos and Rabbit Islands, particularly the islands of Lemnos,
Samothrace,
Mytilene, Chios, Samos and Nikaria, is confirmed, subject to the
provisions of
the present Treaty respecting the islands placed under the
sovereigntyof Italy
which form the subject of Article 15.
Except
where a provision to the
contrary is contained in the present Treaty, the islands situated at
less than
three miles from the Asiatic coast remain under Turkish sovereignty.
ARTICLE 13.
With
a view to ensuring the
maintenance of peace, the Greek Government undertakes to observe the
following
restrictions in the islands of Mytilene, Chios, Samos and Nikaria:
(I)
No naval base and no
fortification will be established in the said islands.
(2)
Greek military aircraft will be
forbidden to fly over the territory of the Anatolian coast.
Reciprocally, the
Turkish Government will forbid their military aircraft to fly over the
said
islands.
(3)
The Greek military forces in the
said islands will be limited to the normal contingent called up for
military
service, which can be trained on the spot, as well as to a force of
gendarmerie
and police in proportion to the force of gendarmerie and police
existing in the
whole of the Greek territory.
ARTICLE 14.
The
islands of Imbros and Tenedos,
remaining under Turkish sovereignty, shall enjoy a special
administrative
organisation composed of local elements and furnishing every guarantee
for the
native non-Moslem population in so far as concerns local administration
and the
protection of persons and property. The maintenance of order will be
assured
therein by a police force recruited from amongst the local population
by the
local administration above provided for and placed under its orders.
The
agreements which have been, or
may be, concluded between Greece and Turkey relating to the exchange of
the
Greek and Turkish populations will not be applied to the inhabitants of
the
islands of Imbros and Tenedos.
ARTICLE 15.
Turkey
renounces in favour of Italy
all rights and title over the following islands: Stampalia
(Astrapalia), Rhodes
(Rhodos), Calki (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos),
Misiros
(Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi
(Symi), and
Cos (Kos), which are now occupied by Italy, and the islets dependent
thereon,
and also over the island of Castellorizzo.
ARTICLE I6.
Turkey
hereby renounces all rights
and title whatsoever over or respecting the territories situated
outside the
frontiers laid down in the present Treaty and the islands other than
those over
which her sovereignty is recognised by the said Treaty, the future of
these
territories and islands being settled or to be settled by the parties
concerned.
The
provisions of the present
Article do not prejudice any special arrangements arising from
neighbourly
relations which have been or may be concluded between Turkey and any
limitrophe
countries.
ARTICLE 17.
The
renunciation by Turkey of all
rights and titles over Egypt and over the Soudan will take effect as
from the
5th November, 1914.
ARTICLE 18.
Turkey
is released from all
undertakings and obligations in regard to the Ottoman loans guaranteed
on the
Egyptian tribute, that is to say, the loans of 1855, 1891 and 1894. The
annual
payments made by Egypt for the service of these loans now forming part
of the
service of the Egyptian Public Debt, Egypt is freed from all other
obligations
relating to the Ottoman Public Debt.
ARTICLE 19.
Any
questions arising from the
recognition of the State of Egypt shall be settled by agreements to be
negotiated subsequently in a manner to be determined later between the
Powers
concerned. The provisions of the present Treaty relating to territories
detached from Turkey under the said Treaty will not apply to Egypt.
ARTICLE 20.
Turkey
hereby recognises the
annexation of Cyprus proclaimed by the British Government on the sth
November,
1914.
ARTICLE 2I .
Turkish
nationals ordinarily
resident in Cyprus on the 5th November, 1914, will acquire British
nationality
subject to the conditions laid down in the local law, and will
thereupon lose
their Turkish nationality. They will, however, have the right to opt
for
Turkish nationality within two years from the coming into force of the
present
Treaty, provided that they leave Cyprus within twelve months after
having so
opted.
Turkish
nationals ordinarily
resident in Cyprus on the coming into force of the present Treaty who,
at that
date, have acquired or are in process of acquiring British nationality
in
consequence of a request made in accordance with the local law, will
also
thereupon lose their Turkish nationality.
It
is understood that the Government
of Cyprus will be entitled to refuse British nationality to inhabitants
of the
island who, being Turkish nationals, had formerly acquired another
nationality
without the consent of the Turkish Government.
ARTICLE 22.
Without
prejudice to the general
stipulations of Article 27, Turkey hereby recognises the definite
abolition of
all rights and privileges whatsoever which she enjoyed in Libya under
the
Treaty of Lausanne of the 18th October, 1912, and the instruments
connected
therewith.
2. SPECIAL PROVISIONS.
ARTICLE 23.
The
High Contracting Parties are
agreed to recognise and declare the principle of freedom of transit and
of navigation,
by sea and by air, in time of peace as in time of war, in the strait of
the
Dardanelles, the Sea of Marmora and the Bosphorus, as prescribed in the
separate Convention signed this day, regarding the regime of the
Straits. This
Convention will have the same force and effect in so far as the present
High
Contracting Parties are concerned as if it formed part of the present
Treaty.
ARTICLE 24.
The
separate Convention signed this
day respecting the regime for the frontier described in Article 2 of
the
present Treaty will have equal force and effect in so far as the
present High
Contracting Parties are concerned as if it formed part of the present
Treaty.
ARTICLE 25.
Turkey
undertakes to recognise the
full force of the Treaties of Peace and additional Conventions
concluded by the
other Contracting Powers with the Powers who fought on the side of
Turkey, and
to recognise whatever dispositions have been or may be made concerning
the
territories of the former German Empire, of Austria, of Hungary and of
Bulgaria, and to recognise the new States within their frontiers as
there laid
down.
ARTICLE 26.
Turkey
hereby recognises and accepts
the frontiers of Germany, Austria, Bulgaria, Greece, Hungary, Poland,
Roumania,
the Serb-Croat-Slovene State and the Czechoslovak State, as these
frontiers
have been or may be determined by the Treaties referred to in Article
25 or by
any supplementary conventions.
ARTICLE 27.
No
power or jurisdiction in
political, legislative or administrative matters shall be exercised
outside
Turkish territory by the Turkish Government or authorities, for any
reason
whatsoever, over the nationals of a territory placed under the
sovereignty or
protectorate of the other Powers signatory of the present Treaty, or
over the
nationals of a territory detached from Turkey.
It
is understood that the spiritual
attributions of the Moslem religious authorities are in no way
infringed.
ARTICLE 28.
Each
of the High Contracting Parties
hereby accepts, in so far as it is concerned, the complete abolition of
the
Capitulations in Turkey in every respect.
ARTICLE 29.
Moroccans,
who are French nationals
("ressortissants") and Tunisians shall enjoy in Turkey the same
treatment in all respects as other French nationals
("ressortissants").
Natives
("ressortissants")
of Libya shall enjoy in Turkey the same treatment in all respects as
other
Italian nationals ("ressortissants") .
The
stipulations of the present
Article in no way prejudge the nationality of persons of Tunisian,
Libyan and
Moroccan origin established in Turkey.
Reciprocally,
in the territories the
inhabitants of which benefit by the stipulations of the first and
second
paragraphs of this Article, Turkish nationals shall benefit by the same
treatment as in France and in Italy respectively.
The
treatment to which merchandise
originating in or destined for the territories, the inhabitants of
which
benefit from the stipulations of the first paragraph of this Article,
shall be
subject in Turkey, and, reciprocally, the treatment to which
merchandise
originating in or destined for Turkey shall be subject in the said
territories
shall be settled by agreement between the French and Turkish
Governments.
SECTION II .
NATIONALITY.
ARTICLE 30.
Turkish
subjects habitually resident
in territory which in accordance with the provisions of the present
Treaty is
detached from Turkey will become ipsofacto, in the conditions laid down
by the
local law, nationals of the State to which such territory is
transferred.
ARTICLE 31.
Persons
over eighteen years of age,
losing their Turkish nationality and obtaining ipso facto a new
nationality
under Article 30, shall be entitled within a period of two years from
the
coming into force of the present Treaty to opt for Turkish nationality.
ARTICLE 32.
Persons
over eighteen years of age,
habitually resident in territory detached from Turkey in accordance
with the
present Treaty, and differing in race from the majority of the
population of
such territory shall, within two years from the coming into force of
the
present Treaty, be entitled to opt for the nationality of one of the
States in
which the majority of the population is of the same race as the person
exercising the right to opt, subject to the consent of that State.
ARTICLE 33.
Persons
who have exercised the right
to opt in accordance with the provisions of Articles 31 and 32 must,
within the
succeeding twelve months, transfer their place of residence to the
State for
which they have opted.
They
will be entitled to retain
their immovable property in the territory of the other State where they
had
their place of residence before exercising their right to opt.
They
may carry with them their
movable property of every description. No export or import duties may
be
imposed upon them in connection with the removal of such property.
ARTICLE 34.
Subject
to any agreements which it
may be necessary to conclude between the Governments exercising
authority in
the countries detached from Turkey and the Governments of the countries
where
the persons concerned are resident, Turkish nationals of over eighteen
years of
age who are natives of a territory detached from Turkey under the
present
Treaty, and who on its coming into force are habitually resident
abroad, may opt
for the nationality of the territory of which they are natives, if they
belong
by race to the majority of the population of that territory, and
subject to
theconsent of the Government exercising authority therein. This right
of option
must be exercised within two years from the coming into force of the
present
Treaty.
ARTICLE 35.
The
Contracting Powers undertake to
put no hindrance in the way of the exercise of the right which the
persons
concerned have under the present Treaty, or under the Treaties of Peace
concluded with Germany, Austria, Bulgaria or Hungary, or under any
Treaty
concluded by the said Powers, other than Turkey, or any of them, with
Russia,
or between themselves, to choose any other nationality which may be
open to
them.
ARTICLE 36.
For
the purposes of the provisions
of this Section, the status of a married woman will be governed by that
of her
husband, and the status of children under eighteen years of age by that
of
their parents.
SECTION III.
PROTECTION OF MINORITIES.
ARTICLE 37.
Turkey
undertakes that the
stipulations contained in Articles 38 to 44 shall be recognised as
fundamental
laws, and that no law, no regulation, nor official action shall
conflict or
interfere with these stipulations, nor shall any law, regulation, nor
official
action prevail over them.
ARTICLE 38.
The
Turkish Government undertakes to
assure full and complete protection of life and liberty to ali
inhabitants of
Turkey without distinction of birth, nationality, language, race or
religion.
All
inhabitants of Turkey shall be
entitled to free exercise, whether in public or private, of any creed,
religion
or belief, the observance of which shall not be incompatible with
public order
and good morals.
Non-Moslem
minorities will enjoy
full freedom of movement and of emigration, subject to the measures
applied, on
the whole or on part of the territory, to all Turkish nationals, and
which may
be taken by the Turkish Government for national defence, or for the
maintenance
of public order.
ARTICLE 39.
Turkish
nationals belonging to
non-Moslem minorities will enjoy the same civil and political rights as
Moslems.
All
the inhabitants of Turkey,
without distinction of religion, shall be equal before the law.
Differences
of religion, creed or
confession shall not prejudice any Turkish national in matters relating
to the
enjoyment of civil or political rights, as, for instance, admission to
public
employments, functions and honours, or the exercise of professions and
industries.
No
restrictions shall be imposed on
the free use by any Turkish national of any language in private
intercourse, in
commerce, religion, in the press, or in publications of any kind or at
public
meetings.
Notwithstanding
the existence of the
official language, adequate facilities shall be given to Turkish
nationals of
non-Turkish speech for the oral use of their own language before the
Courts.
ARTICLE 40.
Turkish
nationals belonging to
non-Moslem minorities shall enjoy the same treatment and security in
law and in
fact as other Turkish nationals. In particular, they shall have an
equal right
to establish, manage and control at their own expense, any charitable,
religious and social institutions, any schools and other establishments
for
instruction and education, with the right to use their own language and
to
exercise their own religion freely therein.
ARTICLE 41.
As
regards public instruction, the
Turkish Government will grant in those towns and districts, where a
considerable proportion of non-Moslem nationals are resident, adequate
facilities
for ensuring that in the primary schools the instruction shall be given
to the
children of such Turkish nationals through the medium of their own
language. This
provision will not prevent the Turkish Government from making the
teaching of
the Turkish language obligatory in the said schools.
In
towns and districts where there
is a considerable proportion of Turkish nationals belonging to
non-Moslem
minorities, these minorities shall be assured an equitable share in the
enjoyment and application of the sums which may be provided out of
public funds
under the State, municipal or other budgets for educational, religious,
or
charitable purposes.
The
sums in question shall be paid
to the qualified representatives of the establishments and institutions
concerned.
ARTICLE 42.
The
Turkish Government undertakes to
take, as regards non-Moslem minorities, in so far as concerns their
family law
or personal status, measures permitting the settlement of these
questions in
accordance with the customs of those minorities.
These
measures will be elaborated by
special Commissions composed of representatives of the Turkish
Government and
of representatives of each of the minorities concerned in equal number.
In case
of divergence, the Turkish Government and the Council of the League of
Nations
will appoint in agreement an umpire chosen from amongst European
lawyers.
The
Turkish Government undertakes to
grant full protection to the churches, synagogues, cemeteries, and
other
religious establishments of the above-mentioned minorities. All
facilities and
authorisation will be granted to the pious foundations, and to the
religious
and charitable institutions of the said minorities at present existing
in
Turkey, and the Turkish Government will not refuse, for the formation
of new
religious and charitable institu- tions, any of the necessary
facilities which
are guaranteed to other private institutions of that nature.
ARTICLE 43.
Turkish
nationals belonging to
non-Moslem minorities shall not be compelled to perform any act which
constitutes a violation of their faith or religious observances, and
shall not
be placed under any disability by reason of their refusal to attend
Courts of
Law or to perform any legal business on their weekly day of rest.
This
provision, however, shall not
exempt such Turkish nationals from such obligations as shall be imposed
upon
all other Turkish nationals for the preservation of public order.
ARTICLE 44.
Turkey
agrees that, in so far as the
preceding Articles of this Section affect non-Moslem nationals of
Turkey, these
provisions constitute obligations of international concern and shall be
placed
under the guarantee of the League of Nations. They shall not be
modified
without the assent of the majority of the Council of the League of
Nations. The
British Empire, France, Italy and Japan hereby agree not to withhold
their
assent to any modification in these Articles which is in due form
assented to
by a majority of the Council of the League of Nations.
Turkey
agrees that any Member of the
Council of the League of Nations shall have the right to bring to the
attention
of the Council any infraction or danger of infraction of any of these
obligations, and that the Council may thereupon take such action and
give such
directions as it may deem proper and effective in the circumstances.
Turkey
further agrees that any
difference of opinion as to questions of law or of fact arising out of
these
Articles between the Turkish Government and any one of the other
Signatory
Powers or any other Power, a member of the Council of the League of
Nations,
shall be held to be a dispute of an international character under
Article 14 of
the Covenant of the League of Nations. The Turkish Government hereby
consents
that any such dispute shall, if the other party thereto demands, be
referred to
the Permanent Court of International Justice. The decision of the
Permanent
Court shall be final and shall have the same force and effect as an
award under
Article 13 of the Covenant.
ARTICLE 45.
The
rights conferred by the provisions
of the present Section on the non-Moslem minorities of Turkey will be
similarly
conferred by Greece on the Moslem minority in her territory.
PART II.
FINANCIAL CLAUSES.
SECTION I.
OTTOMAN PUBLIC DEBT.
ARTICLE 46.
The
Ottoman Public Debt, as defined
in the Table annexed to the present Section, shall be distributed under
the
conditions laid down in the present Section between Turkey, the States
in
favour of which territory has been detached from the Ottoman Empire
after the
Balkan wars of 1912-13, the States to which the islands referred to in
Articles
12 and 15 of the present Treaty and the territory referred to in the
last
paragraph of the present Article have been attributed, and the States
newly
created in territories in Asia which are detached from the Ottoman
Empire under
the present Treaty. All the above St ates shall also participate, under
the
conditions laid down in the present Section, in the annual charges for
the
service of the Ottoman Public Debt from the dates referred to in
Article 53.
From
the dates laid down in Article
53, Turkey shall not be held in any way whatsoever responsible for the
shares
of the Debt for which other States are liable.
For
the purpose of the distribution
of the Ottoman Public Debt, that portion of the territory of Thrace
which was
under Turkish sovereignty on the 1st August, 1914, and lies outside the
boundaries of Turkey as laid down by Article 2 of the present Treaty,
shall be
deemed to be detached from the Ottoman Empire under the said Treaty.
ARTICLE 47.
The
Council of the Ottoman Public
Debt shall, within three months from the coming into force of the
present
Treaty, determine, on the basis laid down by Articles 50 and 51, the
amounts of
the annuities for the loans referred to in Part A of the Table annexed
to the
present Section which are payable by each of the States concerned, and
shall
notify to them this amount.
These
States shall be granted an
opportunity to send to Constantinople delegates to check the
calculations made
for this purpose by the Council of the Ottoman Public Debt.
The
Council of the Debt shall
exercise the functions referred to in Article 134 of the Treaty of
Peace with
Bulgaria of the 27th November, 1919.
Any
disputes which may arise between
the parties concerned as to the application of the principles laid down
in the
present Article shall be referred, not more than one month after the
notification referred to in the first paragraph, to an arbitrator whom
the
Council of the League of Nations will be asked to appoint; this
arbitrator
shall give his decision within a period of not more than three months.
The
remuneration of the arbitrator shall be determined by the Council of
the League
of Nations, and shall, together with the other expenses of the
arbitration, be
borne by the parties concerned. The decisions of the arbitrator shall
be final.
The payment of the annuities shall not be suspended by the reference of
any
disputes to the above-mentioned arbitrator.
ARTICLE 48.
The
States, other than Turkey, among
which the Ottoman Public Debt, as defined in Part A of the Table
annexed to
this Section is attributed, shall, within three months from the date on
which
they are notified, in accordance with Article 47, of their respective
shares in
the annual charges referred to in that Article, assign to the Council
of the
Debt adequate security for the payment of their share. If such security
is not
assigned within the above-mentioned period, or in the case of any
disagreement
as to the adequacy of the security assigned, any of the Governments
signatory
to the present Treaty shall be entitled to appeal to the Council of the
League
of Nations.
The
Council of the League of Nations
shall be empowered to entrust the collection of the revenues assigned
as
security to international financial organisations existing in the
countries
(other than Turkey) among which the Debt is distributed. The decisions
of the
Council of the League of Nations shall be final.
ARTICLE 49
Within
one month from the date of
the final determination under Article 47 of the amount of the annuities
for
which each of the States concerned is liable, a Commission shall meet
in Paris
to determine the method of carrying out the distribution of the nominal
capital
of the Ottoman Public Debt as defined in Part A of the Table annexed to
this
Section. This distribution shall be made in accordance with the
proportions
adopted for the division of the annuities, and account shall be taken
of the
terms of the agreements governing the loans and of the provisions of
this Section.
The
Commission referred to in the
first paragraph shall consist of a representative of the Turkish
Government, a
representative of the Council of the Ottoman Public Debt, a
representative of
the debt other than the Unified Debt and the Lots Turcs; each of the
Governments concerned shall also be entitled to appoint a
representative. All
questions in regard to which the Commission may be unable to reach
agreement
shall be referred to the arbitrator referred to in the fourth paragraph
of
Article 47.
If
Turkey shall decide to create new
securities in respect of her share, the distribution of the capital of
the
Ottoman Public Debt shall be made in the first instance as it affects
Turkey by
a Committee consisting of the representative of the Turkish Government,
the
representative of the Council of the Ottoman Public Debt and the
representative
of the debt other than the Unified Debt and the Lots Turcs. The new
securities
shall be delivered to the Commission, which shall ensure their delivery
to the
bondholders upon such terms as will provide for the release of Turkey
from
liability and the rights of the bondholders towards the other States
which are
liable for a share of the Ottoman Public Debt. The securities issued in
respect
of the share of each State in the Ottoman Public Debt shall be exempt
in the
territory of the High Contracting Parties from all stamp duties or
other taxes
which would be involved by such issue.
The
payment of the annuities for
which each of the States concerned is liable shall not be postponed as
a
consequence of the provisions of the present Article in regard to the
distribution of the nominal capital.
ARTICLE 50.
The
distribution of the annual
charges referred to in Article 47 and of the nominal capital of the
Ottoman
Public Debt mentioned in Article 49 shall be effected in the following
manner:
(1)
The loans prior to the 17th
October, 1912, and the annuities of such loans shall be distributed
between the
Ottoman Empire as it existed after the Balkan wars of 1912-13, the
Balkan States
in favour of which territory was detached from the Ottoman Empire after
those
wars, and the States to which the islands referred to in Articles 12
and 15 of
the present Treaty have been attributed; account shall be taken of the
territorial changes which have taken place after the coming into force
of the
treaties which ended those wars or subsequent treaties.
(2)
The residue of the loans for
which the Ottoman Empire remained liable after this first distribution
and the
residue of the annuities of such loans, together with the loans
contracted by
that Empire between the 17th October, 1912, and the 1st November, 1914,
and the
annuities of such loans shall be distributed between Turkey, the newly
created
States in Asia in favour of which a territory has been detached from
the
Ottoman Empire under the present Treaty, and the State to which the
territory
referred to in the last paragraph of Article 46 of the said Treaty has
been
attributed.
The
distribution of the capital
shall in the case of each loan be based on the capital amount
outstanding at
the date of the coming into force of the present Treaty.
ARTICLE 51 .
The
amount of the share in the
annual charges of the Ottoman Public Debt for which each State
concerned is
liable in conse- quence of the distribution provided for by Article 50
shall be
determined as follows:
(I)
As regards the distribution
provided for by Article 50 (1), in the first place the share of the
islands
referred to in Articles 12 and 15 and of the territories detached from
the Ottoman
Empire after the Balkan wars, taken together, shall be fixed. The
amount of
this share shall bear the same proportion to the total sum of the
annuities to
be distributed in accordance with Article 50 (1) as the average total
revenue
of the above mentioned islands and territories, taken as a whole, bore
to the
average total revenue of the Ottoman Empire in the financial years
1910-1911
and 1911-1912, including the proceeds of the customs surtaxes
established in
1907.
The
amount thus determined shall then
be distributed among the States to which the territories referred to in
the
preceding paragraph have been attributed, and the share for which each
of these
States will thus be made liable shall bear the same proportion to the
total
amount so distributed as the average total revenue of the territory
attributed
to each State bore in the financial years 1910-11 and 1911-12 to the
average
total revenue of the territories detached from the Ottoman Empire after
the
Balkan Wars and the islands referred to in Articles 12 and 15. In
calculating
the revenues referred to in this paragraph, customs revenues shall be
excluded.
(2)
As regards the territories
detached from the Ottoman Empire under the present Treaty (including
the
territory referred to in the last paragraph of Article 46), the amount
of the
share of each State concerned shall bear the same proportion to the
total sum
of the annuities to be distributed in accordance with Article 50 (2) as
the
average total revenue of the detached territory (including the proceeds
of the
Customs surtax established in 1907) for the financial years 1910-11 and
1911-12
bore to the average total revenue of the Ottoman Empire, excluding the
territories and islands referred to in paragraph (I) of this Article.
ARTICLE 52.
The
advances referred to in Part B
of the Table annexed to the present Section shall be distributed
between Turkey
and the other States referred to in Article 46 under the following
conditions:
(I)
As regards the advances referred
to in the Table which existed on the 17th October, 1912, the capital
amount, if
any, outstanding at the date of the coming into force of the present
Treaty,
together with the interest from the dates mentioned in the first
paragraph of
Article 53 and the repayments made since those dates, shall be
distributed in
accordance with the provisions of Article 50 (I) and Article 51 (1).
(2)
As regards the amounts for which
the Ottoman Empire remains liable after the first distribution and the
advances
referred to in the Table which were contracted by the said Empire
between the
17th October, 1912, and the 1st November, 1914, the capital amount, if
any,
outstanding at the date of the coming into force of the present Treaty,
together with the interest from the 1st March, 1920, and the repayments
made
since that date, shall be distributed in accordance with the provisions
of
Article 50 (2) and Article 51 (2).
The
Council of the Ottoman Public
Debt shall, within three months from the coming into force of the
present
Treaty, determine the amount of the share in these advances for which
each of
the States concerned is liable, and notify them of such amount.
The
sums for which States other than
Turkey are liable shall be paid by those States to the Council of the
Debt and
shall be paid by the Council to the creditors, or credited to the
Turkish
Government up to the amount paid by Turkey, by way of interest or
repayment,
for the account of those States.
The
payments referred to in the
preceding paragraph shall be made by five equal annuities from the
coming into
force of the present Treaty. Such portion of these payments as is
payable to
the creditors of the Ottoman Empire shall bear interest at the rates
laid down
in the contracts governing the advances; the portion to be credited to
the
Turkish Government shall be paid without interest.
ARTICLE 53.
The
annuities for the service of the
loans of the Ottoman Public Debt (as defined in Part A of the Table
annexed to
this Section) due by the States in favour of which a territory has been
detached from the Ottoman Empire after the Balkan wars, shall be
payable as
from the coming into force of the treaties by which the respective
territories
were transferred to those States. In the case of the islands referred
to in
Article 12, the annuity shall be payable as from the 1st/14th November,
1913,
and, in the case of the islands referred to in Article 15, as from the
17th
October, 1912.
The
annuities due by the States
newly created in territories in Asia detached from the Ottoman Empire
under the
present Treaty, and by the State to which the territory referred to in
the last
paragraph of Article 46 has been attributed, shall be payable as from
the 1st
March, 1920.
ARTICLE 54.
The
Treasury Bills of 1911, 1912 and
1913 included in Part A of the Table annexed to this Section shall be
repaid,
with interest at the agreed rate, within ten years from the dates fixed
by the
contracts.
ARTICLE 55.
The
States referred to in Article
46, including Turkey, shall pay to the Ottoman Debt Council the amount
of the
annuities required for the service of their share of the Ottoman Public
Debt
(as defined in Part A of the Table annexed to this Section) to the
extent that
such annuities have remained unpaid as from the dates laid down by
Article 53. This
payment shall be made, without interest, by means of twenty equal
annuities
from the coming into force of the present Treaty.
The
amount of the annuities paid to
the Council of the Debt by the States other than Turkey shall, to the
extent
that they represent payments made by Turkey for the account of those
States, be
credited to Turkey on account of the arrears with which she is debited.
ARTICLE 56.
The
Council of the Administration of
the Ottoman Public Debt shall no longer include delegates of the
German,
Austrian and Hungarian bondholders.
ARTICLE 57.
Limits
of time fixed for the
presentation of coupons of or claims for interest upon the loans and
advances
of the Ottoman Public Debt and the Turkish Loans of 1855, 1891 and 1894
secured
on the Egyptian tribute, and the limits of time fixed for the
presentation of
securities of these loans drawn for repayment, shall, on the territory
of the
High Contracting Parties, be considered as having been suspended from
the 29th
October, 1914, until three months after the coming into force of the
present
Treaty.
ANNEX I TO
SECTION I.
Table of the Ottoman Pre-War Public Debt (November 1, 1914).
(von der Wiedergabe wurde
abgesehen)
SECTION
II.
MISCELLANEOUS CLAUSES.
ARTICLE 58.
Turkey,
on the one hand, and the
other Contracting Powers (except Greece) on the other hand,
reciprocally
renounce all pecuniary claims for the loss and damage suffered
respectively by
Turkey and the said Powers and by their nationals (including juridical
persons)
between the 1st August, 1914, and the coming into force of the present
Treaty,
as the result of acts of war or measures of requisition, sequestration,
disposal or confiscation.
Nevertheless,
the above provisions
are without prejudice to the provisions of Part III (Economic Clauses)
of the
present Treaty.
Turkey
renounces in favour of the
other Contracting Parties (except Greece) any right in the sums in gold
transferred by Germany and Austria under Article 259 (I) of the Treaty
of Peace
of the 28th June, I9I9, with Germany, and under Article 210 (I) of the
Treaty
of Peace of the 10th September, 1919, with Austria.
The
Council of the Administration of
the Ottoman Public Debt is freed from all liability to make the
payments which
it was required to make by the Agreement of the 20th June, 1331 (3rd
July,
1915) relating to the first issue of Turkish currency notes or by the
words
inscribed on the back of such notes.
Turkey
also agrees not to claim from
the British Government or its nationals the repayment of the sums paid
for the
warships ordered in England by the Ottoman Government which were
requisitioned
by the British Government in 1914, and renounces all claims in the
matter.
ARTICLE 59.
Greece
recognises her obligation to
make reparation for the damage caused in Anatolia by the acts of the
Greek army
or administration which were contrary to the laws of war.
On
the other hand, Turkey, in
consideration of the financial situation of Greece resulting from the
prolongation of the war and from its consequences, finally renounces
all claims
for reparation against the Greek Government.
ARTICLE 60.
The
States in favour of which
territory was or is detached from the Ottoman Empire after the Balkan
wars or
by the present Treaty shall acquire, without payment, all the property
and
possessions of the Ottoman Empire situated therein.
It
is understood that the property
and possessions of which the transfer from the Civil List to the State
was laid
down by the Irades of the 26th August, 1324 (8th September, I908) and
the 20th
April, 1325 (2nd May, I909), and also those which, on the 30th October,
1918,
were administered by the Civil List for the benefit of a public
service, are
included among the property and possessions referred to in the
preceding
paragraph, the aforesaid States being subrogated to the Ottoman Empire
in
regard to the property and possessions in question. The Wakfs created
on such
property shall be maintained.
The
dispute which has arisen between
the Greek and Turkish Governments relating to property and possessions
which
have passed from the Civil List to the State and are situated in
territories of
the former Ottoman Empire transferred to Greece either after the Balkan
wars,
or subsequently, shall be referred to an arbitral tribunal at The
Hague, in
accordance with the special protocol No. 2 annexed to the Treaty of
Athens of
the 1st-4th November, 1913. The terms of reference shall be settled
between the
two Governments.
The
provisions of this Article will
not modify the juridical nature of the property and possessions
registered in
the name of the Civil List or administered by it, which are not
referred to in
the second and third paragraphs above.
ARTICLE 61.
The
recipients of Turkish civil and
military pensions who acquire under the present Treaty the nationality
of a
State other than Turkey, shall have no claim against the Turkish
Government in
respect of their pensions.
ARTICLE 62.
Turkey
recognises the transfer of
any claims to payment or repayment which Germany, Austria, Bulgaria or
Hungary
may have against her, in accordance with Article 261 of the Treaty of
Peace
concluded at Versailles on the 28th June, 1919, with Germany, and the
corresponding articles of the Treaties of Peace of the l0th September,
1919,
with Austria; of the 27th November, 1919, with Bulgaria; and of the 4th
June,
1920 with Hungary.
The
other Contracting Powers agree
to release Turkey from the debts for which she is liable on this
account.
The
claims which Turkey has against
Germany, Austria, Bulgaria and Hungary, are also transferred to the
aforesaid
Contracting Powers.
ARTICLE 63.
The
Turkish Government, in agreement
with the other Contracting Powers, hereby releases the German
Government from
the obligation incurred by it during the war to accept Turkish
Government
currency notes at a specified rate of exchange in payment for goods to
be
exported to Turkey from Germany after the war.
PART III.
ECONOMIC CLAUSES.
ARTICLE 64.
In
this part, the expression
"Allied Powers" means the Contracting Powers other than Turkey.
The
term "Allied
nationals" includes physical persons, companies and associations of the
Contracting Powers other than Turkey, or of a State or territory under
the
protection of one of the said Powers.
The
provisions of this Part relating
to "Allied nationals" shall benefit persons who without having the
nationality of one of the Allied Powers, have, in consequence of the
protection
which they in fact enjoyed at the hands of these Powers, received from
the
Ottoman authorities the same treatment as Allied nationals and have, on
this
account, been prejudiced.
SECTION I.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 65.
Property,
rights and interests which
still exist and can be identified in territories remaining Turkish at
the date
of the coming into force of the present Treaty, and which belong to
persons who
on the 29th October, 1914, were Allied nationals, shall be immediately
restored
to the owners in their existing state.
Reciprocally,
property, rights and
interests which still exist and can be identified in territories
subject to the
sovereignty or protectorate of the Allied Powers on the 29th October,
1914, or
in territories detached from the Ottoman Empire after the Balkan wars
and
subject to-day to the sovereignty of any such Power, and which belong
to
Turkish nationals, shall be immediately restored to the owners in their
existing state. The same provision shall apply to property, rights and
interests which belong to Turkish nationals in territories detached
from the
Ottoman Empire under the present Treaty, and which may have been
subjected to
liquidation or any other exceptional measure whatever on the part of
the
authorities of the Allied Powers.
All
property, rights and interests
situated in territory detached from the Ottoman Empire under the
present
Treaty, which, after having been subjected by the Ottoman Government to
an
exceptional war measure, are now in the hands of the Contracting Power
exercising authority over the said territory, and which can be
identified,
shall be restored to their legitimate owners, in their existing state.
The same
provision shall apply to immovable property which may have been
liquidated by
the Contracting Power exercising authority over the said territory. All
other
claims between individuals shall be submitted to the competent local
courts.
All
disputes relating to the
identity or the restitution of property to which a claim is made shall
be
submitted to the Mixed Arbitral Tribunal provided for in Section V of
this
Part.
ARTICLE 66.
In
order to give effect to the
provisions of the first and second paragraphs of Article 65 the High
Contracting Parties will, by the most rapid procedure, restore the
owners to
the possession of their property, rights and interests free from any
burdens or
encumbrances with which such property, rights and interests may have
been
charged without the consent of the said owners. It will be the duty of
the
Government of the Power effecting the restitution to provide for the
compensation of third parties who may have acquired the property
directly or
indirectly from the said Government and who may be injured by this
restitution.
Disputes which may arise in connection with such compensation shall be
dealt
with by the ordinary courts.
In
all other cases it will be open
to any third parties who may be injured to take action against whoever
is
responsible, in order to obtain compensation.
In
order to give effect to these
provisions all acts of transfer or other exceptional war measures,
which the
High Contracting Parties may have carried out in respect of enemy
property,
rights and interests, shall be immediately cancelled and stayed when
liquidation has not yet been completed. Owners who make claims shall be
satisfied by the immediate restitution of their property, rights and
interests
as soon as these shall have been identified.
When
at the date of the signature of
the present Treaty the property, rights and interests, the restitution
of which
is provided for in Article 65. have been liquidated by the authorities
of one
of the High Contracting Parties, that Party shall be discharged from
the
obligation to restore the said property, rights and interests by
payment of the
proceeds of the liquidation to the owner. If, on application being made
by the
owner, the Mixed Arbitral Tribunal provided for by Section V finds that
the
liquidation was not effected in such conditions as to ensure the
realisation of
a fair price, it will have the power, in default of agreement between
the
parties, to order the addition to the proceeds of the liquidation of
such
amount as it shall consider equitable. The said property, rights and
interests
shall be restored if the payment is not made within two months from the
agreement with the owner or from the decision of the Mixed Arbitral
Tribunal
mentioned above.
ARTICLE 67.
Greece,
Roumania and the
Serb-Croat-Slovene State on the one hand, and Turkey on the other hand
undertake mutually to facilitate, both by appropriate administrative
measures
and by the delivery of all documents relating thereto, the search on
their
territory for, and the restitution of, movable property of every kind
taken
away, seized or sequestrated by their armies or administrations in the
territory of Turkey, or in the territory of Greece, Roumania or the
Serb-Croat-Slovene State respectively, which are actually within the
territories in question.
Such
search and restitution will
take place also as regards property of the nature referred to above
seized or
sequestrated by German, Austro-Hungarian or Bulgarian armies or
administrations
in the territory of Greece, Roumania or the Serb-Croat-Slovene State,
which has
been assigned to Turkey or to her nationals, as well as to property
seized or
sequestrated by the Greek, Roumanian or Serbian armies in Turkish
territory,
which has been assigned to Greece, Roumania or the Serb-Croat-Slovene
State or
to their nationals.
Applications
relating to such search
and restitution must be made within six months from the coming into
force of
the present Treaty.
ARTICLE 68.
Debts
arising out of contracts
concluded, in districts in Turkey occupied by the Greek army, between
the Greek
authorities and administrations on the one hand and Turkish nationals
on the
other, shall be paid by the Greek Government in accordance with the
provisions
of the said contracts.
ARTICLE 69.
No
charge, tax or surtax to which,
by virtue of the privileges which they enjoyed on the 1st August, 1914,
Allied
nationals and their property were not subject, shall be collected from
Allied
subjects or their property in respect of the financial years earlier
than the
financial year 1922-23.
If
any sums have been collected
after the 15th May, 1923, in respect of financial years earlier than
the
financial year 1922-l923, the amount shall be refunded to the persons
concerned, as soon as the present Treaty comes into force.
No
claim for repayment shall be made
as regards sums encashed before the 15th May, 1923.
ARTICLE 70.
Claims
based on Articles 65, 66 and
69 must be lodged with the competent authorities within six months,
and, in default
of agreement, with the Mixed Arbitral Tribunal within twelve months,
from the
coming into force of the present Treaty.
ARTICLE 7I.
The
British Empire, France, [taly,
Roumania and the Serb-Croat-Slovene State or their nationals having
begun
claims or suits with regard to their property, rights and interests
against the
Ottoman Government before the 29th October, 1914, the provisions of
this
Section will not prejudice such claims or suits.
Claims
or suits begun against the
British, French, Italian, Roumanian or Serb-Croat-Slovene Governments
by the
Ottoman Government or its nationals will similarly not be prejudiced.
These
claims or suits will be continued against the Turkish Government and
against
the other Governments mentioned in this Article under the conditions
existing
before the 29th October, I9I4, due regard being had to the abolition of
the
Capitulations.
ARTICLE 72.
In
the territories which remain
Turkish by virtue of the present Treaty, property, rights and interests
belonging to Germany, Austria, Hungary and Bulgaria or to their
nationals,
which before the coming into force of the present Treaty have been
seized or
occupied by the Allied Governments, shall remain in the possession of
tlxese
Governments until the conclusion of arrangements between them and the
German,
Austrian, Hungarian and Bulgarian Governments or their nationals who
are
concerned. If the above-mentioned property, rights and interests have
been
liquidated, such liquidation is confirmed.
In
the territories detached from Turkey
under the present Treaty, the Governments exercising authority there
shall have
power, within one year from the coming into force of the present
Treaty, to
liquidate the property, rights and interests belonging to Germany,
Austria,
Hungary and Bulgaria or to their nationals.
The
proceeds of liquidations,
whether they have already been carried out or not, shall be paid to the
Reparation Commission established by the Treaty of Peace concluded with
the
States concerned, if the property liquidated belongs to the German,
Austrian,
Hungarian or Bulgarian State. In the case of liquidation of private
property,
the proceeds of liquidation shall be paid to the owners direct.
The
provisions of this Article do
not apply to Ottoman limited Companies.
The
Turkish Government shall be in
no way responsible for the measures referred to in the present Article.
SECTION II .
CONTRACTS, PRESCRIPTIONS AND JUDGMENTS.
ARTICLE 73.
The
following classes of contracts
concluded, before the date mentioned in Article 82, between persons who
thereafter became enemies as defined in that Article, remain in force
subject
to the provisions of the contracts and to the stipulations of the
present
Treaty:
(a)
Contracts for the sale of real
property, even if all formalities may not have been concluded, provided
that
delivery did in fact take place before the date on which the parties
became
enemies as defined in Article 82.
(b)
Leases and agreements for leases
of land and houses entered into between individuals.
(c)
Contracts between individuals
regarding the exploitation of mines, forests or agricultural estates.
(d)
Contracts of mortgage, pledge or
lien.
(e)
Contracts constituting
companies, excepting "societes en 'nom collectif' " which do not
constitute, under the law to which they are subject, an entity separate
from
that of the persons of which they are composed (partnerships).
(f)
Contracts, whatever may be their
purpose, concluded between individuals or companies and the State,
provinces,
municipalities or other similar juridical persons charged with
administrative
functions.
(g)
Contracts relating to family
status.
(h)
Contracts relating to gifts or
bounties of any kind whatever.
This
Article cannot be invoked in
order to give to contracts a validity different from that which they
had in
themselves when they were concluded.
It
does not apply to concessionary
contracts.
ARTICLE 74.
Insurance
contracts are governed by
the provisions of the Annex to this Section.
ARTICLE 75.
Contracts
other than those specified
in Articles 73 and 74 and other than concessionary contracts, which
were
entered into between persons who subsequently became enemies, shall be
considered as having been annulled as from the date on which the
parties became
enemies.
Nevertheless,
either of the parties
to the contract shall have power, within three months from the coming
into
force of the present Treaty, to require the execution of the contract,
on
condition of paying, where the circumstances demand it, to the other
party
compensation calculated according to the difference between the
conditions
prevailing at the time when the contract was concluded and those
prevailing at
the time when its maintenance is required. In default of agreement
between the
parties, this compensation shall be fixed by the Mixed Arbitral
Tribunal.
ARTICLE 76.
The
validity of all compromises
entered into before the coming into force of the present Treatybetween
nationals of the Contracting Powers, parties to contracts specified in
Articles
73 to 75, particularly those providing for the cancellation, the
maintenance,
the methods of execution, or the modification of such contracts,
including
agreements relating to the currency of payment or the rate of exchange,
is
confirmed.
ARTICLE 77.
Contracts
between Allied and Turkish
nationals concluded after the 30th October, I918, remain in force and
will be
governed by the ordinary law.
Contracts
duly concluded with the
Constantinople Government between the 30th October, I9I8, and the I6th
March,
I920, also remain in force and will be governed by the ordinary law.
All
contracts and arrangements duly
concluded after the 16th March, I920, with the Constantinople
Government
concerning territories which remained under the effective control of
the said
Government, shall be submitted to the Grand National Assembly of Turkey
for
approval, if the parties concerned make application within three months
from
the coming into force of the present Treaty. Payments made under such
contracts
shall be duly credited to the party who has made them.
If
approval is not granted, the
party concerned shall, if the circumstances demand it, be entitled to
compensation corresponding to the direct loss which has been actually
suffered;
such compensation, in default of an amicable agreement, shall be fixed
by the
Mixed Arbitral Tribunal.
The
provisions of this Article are
not applicable either to concessionary contracts or to transfers of
concessions.
ARTICLE 78.
All
disputes which already exist, or
may arise within the period of six months mentioned below, relating to
contracts, other than concessionary contracts, between parties who
subsequently
became enemies, shall be determined by the Mixed Arbitral Tribunal,
with the
exception of disputes which, in accordance with the laws of neutral
Powers are
within the competence of the national courts of those Powers. In the
latter
case, such disputes shall be determined by the said national courts, to
the
exclusion of the Mixed Arbitral Tribunal. Applications relating to
disputes
which, under this Article, are within the competence of the Mixed
Arbitral
Tribunal, must be presented to the said Tribunal within a period of six
months
from the date of its establishment.
After
the expiration of this period,
disputes which have not been submitted to the Mixed Arbitral Tribunal
shall be
determined by the competent courts in accordance with the ordinary law.
The
provisions of this Article do
not apply to cases in which all the parties to the contract resided in
the same
country during the war and there freely disposed of their persons and
their
property, nor to disputes in respect of which judgment was given by a
competent
court before the date on which the parties became enemies.
ARTICLE 79.
All
periods whatever of prescription
or limitation of right of action, whether they began to run before or
after the
outbreak of war, shall be treated, in the territory of the High
Contracting
Parties so far as regards relations between enemies, as having been
suspended
from the 29th October, I9I4, until the expiration of three months after
the
coming into force of the present Treaty.
This
provision applies, in
particular, to periods of time allowed for the presentation of interest
or
dividend coupons, or for the presentation for payment of securities
drawn for
redemption or repayable on any other ground.
As
regards Roumania, the
above-mentioned periods shall be considered as having been suspended as
from
the 27th August 19I6.
ARTICLE 80.
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 payrnent, 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.
When
the period within which a
negotiable instrument should have been presented for acceptance or
payment, or
within which notice of non-acceptance or non-payment should have been
given to
the drawers or endorsers, or within which the instrument should have
been
protested, has expired during the war, and when the party who should
have
presented or protested the instrument or given notice of non-acceptance
or
non-payment, has failed to do so during the war, a period of three
months from
the coming into force of the present Treaty shall be allowed within
which the
presentation, notice of non-acceptance or non-payment, or protest may
be made.
ARTICLE 8I.
Sales
effected during the war in
order to realise pledges or mortgages created before the war as
security for
debts which have become payable, shall be deemed valid, although it may
not
have been possible to perform all the formalities required for
notifying the
debtor, subject to the express right of the said debtor to summon the
creditor
before the Mixed Arbitral Tribunal to render accounts, failing which
the
creditor will be liable to be cast in damages.
It
shall be the duty of the Mixed
Arbitral Tribunal to settle the accounts between the parties, to
investigate
the conditions under which the property pledged or mortgaged was sold,
and to
order the creditor to make good any loss suffered by the debtor as a
result of
the sale if the creditor acted in bad faith or if he did not take all
steps in
his power to avoid having recourse to a sale or to cause the sale to be
conducted in such conditions as to ensure the realisation of a fair
price.
The
present provision is applicable
only between enemies and does not extend to transactions referred to
above
which may have been carried out after the Ist May, 1923.
ARTICLE 82.
For
the purposes of the present
Section, the parties to a contract shall be regarded as enemies from
the date
on which trading between them became impossible in fact or was
prohibited or
became unlawful under laws, orders or regulations to which one of the
parties
was subject.
By
way of exception to Articles
73-75, 79 and 80, contracts shall be governed by the ordinary law if
they were
concluded within the territory of one of the High Contracting Parties
between
enemies (including companies) or their agents, if this territory was an
enemy
country for one of the contracting parties who remained there during
the war
and was there able to dispose freely of his person and property.
ARTICLE 83.
The
provisions of this Section do
not apply between Japan and Turkey; matters dealt with in this Section
shall,
in both of these countries, be determined in accordance with the local
law.
ANNEX.
I. LIFE ASSURANCE.
Paragraph I.
Life
assurance contracts entered
into between an insurer and a person who subsequently became an enemy
shall not
be deemed to have been dissolved by the outbreak of war or by the fact
of the
person becoming an enemy.
Every
sum which, during the war,
became due upon a contract deemed not to have been dissolved in
accordance with
the preceding paragraph, shall be recoverable after the war. This sum
shall be
increased by interest at 5 per cent. per annum from the date of its
becoming
due up to the day of payment.
If
the contract has lapsed during
the war, owing to non-payment of premiums or has become void from
breach of the
conditions of the contract, the assured, or his representatives, or the
persons
entitled, shall have the right at any moment within twelve months from
the
coming into force of the present Treaty to claim from the insurer the
surrender
value of the policy at the date of its lapse or annulation, together
with
interest at 5 per cent. per annum.
Turkish
nationals whose life
insurance contracts entered into before the 29th October, 1914, have
been
cancelled or reduced before the Treaty for non-payment of premiums in
accordance with the provisions of the said contracts, shall have the
right,
within three months from the coming into force of the present Treaty,
if they
are still alive, to restore their policies for the whole of the amount
assured.
For this purpose they must, after having undergone a medical
examination by the
doctor of the company, the result of which the company considers
satisfactory,
pay the premiums in arrear with compound interest at 5 per cent.
Paragraph
2.
It
is understood that life assurance
contracts in money other than the Turkish pound, entered into before
the 29th
October, 19I4, between companies possessing the nationality of an
Allied Power
and Turkish nationals, in respect of which the premiums have been paid
before
and after the 18th November, 1915, or even only before that date, shall
be
regulated, first, by determining the rights of the assured in
accordance with
the general conditions of the policy for the period before the 18th
November,
1915, in the currency stipulated in the contract at the current rate in
its
country of origin (for example, every amount stipulated in francs, in
gold francs,
or in "francs effectifs" will be paid in French francs), secondly,
for the period after the 18th November, 19I5, in Turkish pounds
paper-the
Turkish pound being taken at the pre-war par value.
If
Turkish nationals whose contracts
were entered into in currency other than Turkish currency show that
they have
continued to pay their premiums since the 18th November, 1915, in the
currency
stipulated in the contracts, the said contracts shall be settled in the
same
currency at the current rate in its country of origin, even for the
periocl
after the 18th November, 19I5.
Turkish
nationals whose contracts,
entered into before the 29th October, 1914, in currency other than
Turkish
currency with companies possessing the nationality of an Allied Power
are, owing
to payment of premiums, still in force, shall have the right within
three
months after the coming into force of the present Treaty to restore
their
policies for the full amount, in the currency stipulated in their
contract, at
the current rate in its country of origin. For this purpose they must
pay in
this currency the premiums which have become due since the 18th
November, 1915.
On the other hand, the premiums actually paid by them in Turkish pounds
paper
since that date will be repaid to them in the same currency.
Paragraph
3.
As
regards insurances in Turkish
pounds, settlement shall be made in Turkish pounds paper.
Paragraph
4.
The
provisions of paragraphs 2 and 3
do not apply to policy holders who, by an express agreement, have
already
settled with the insurance companies the fixation of the value of their
policies and the method of payment of their premiums, nor to those
whose
policies shall have been finally settled at the date of the coming into
force
of the present Treaty.
Paragraph
5.
For
the purposes of the preceding
paragraphs, insurance contracts shall be considered as contracts of
life
insurance when they depend on the probabilities of human life, combined
with
the rate of interest, for the calculation of the reciprocal engagement
between
the two parties.
II.
MARINE INSURANCE.
Paragraph
6.
Subject
to the provisions therein
contained, contracts of marine insurance will not be deemed to have
been
dissolved where the risk had attached before the parties became
enemies, but
the policy shall not be deemed to cover losses due to belligerent
action by the
Power of which the insurer was a national or by the allies of that
Power.
III.
FIRE AND OTHER INSURANCES.
Paragraph
7.
Subject
to the reserve contained in
the preceding paragraph, fire insurance contracts and all other forms
of
insurance contracts are not deemed to be dissolved.
SECTION III.
DEBTS.
ARTICLE 84.
The
High Contracting Parties are in
agreement in recognising that debts which were payable before the war
or which
became payable during the war under contracts entered into before the
war, and
which remained unpaid owing to the war, must be settled and paid, in
accordance
with the provisions of the contracts, in the currency agreed upon, at
the rate
current in its country of origin.
Without
prejudice to the provisions
of the Annex to Section II of this part, it is agreed that where
payments to be
made under a pre-war contract are represented by sums collected during
the war
in whole or in part in a currency other than that mentioned in the said
contract, such payments can be made by handing over the sums actually
collected, in the currency in which they were collected. This provision
shall
not affect settlements inconsistent with the foregoing provisions
arrived at by
voluntary agreement between the parties before the coming into force of
the
present Treaty.
ARTICLE 85.
The
Ottoman Public Debt is by
general agreement left outside the scope of.this Section and of the
other
Sections of this Part (Economic Clauses).
SECTION IV.
INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY.
ARTICLE 86.
Subject
to the stipulations of the
present Treaty, rights of industrial, literary and artistic property as
they
existed on the 1st August, I9I4, in accordance with the law of each of
the
contracting countries, shall be re-established or restored as from the
coming
into force of the present Treaty in the territories of the High
Contracting
Parties in favour of the persons entitled to the benefit of them at the
moment
when the state of war commenced, or of their legal representatives.
Equally,
rights which, but for the war, could have been acquired during the war,
by
means of an application legally made for the protection of industrial
property
or of the publication of a literary or artistic work, shall be
recognised and
established in favour of those persons who would have been entitled
thereto,
from the coming into force of the present Treaty.
Without
prejudice to the rights
which are required to be restored in accordance with the above
provision, all acts
(including the grant of licences) done by virtue of the special
measures taken
during the war by a legislative, executive or administrative authority
of an
Allied Power in regard to the rights of Turkish nationals in respect of
industrial, literary or artistic property, shall remain in force and
continue
to have their full effect. This provision applies mutatis mutandis to
corresponding measures taken by Turkish authorities in regard to the
rights of
the nationals of any Allied Power.
ARTICLE 87.
A
minimum of one year from the
coming into force of the present Treaty shall be granted, without
surtax or
penalty of any kind, to Turkish nationals in the territory of each of
the other
Contracting Powers, and to the nationals of these Powers in Turkey,
within
which they may accomplish any act, fulfil any formality, pay any fees,
and
generally satisfy any obligation prescribed by the laws and regulations
of the
respective States for preserving or obtaining or opposing the grant of
rights
to industriai property which had already been acquired on the 1st
August, I9I4,
or which, but for the war, might have been acquired since that date by
means of
an application made before or during the war.
Rights
to industrial property which
have lapsed by reason of any failure to accomplish any act, fulfil any
formality, or pay any fees shall be revived, but subject, in the case
of
patents and designs, to the adoption of such measures as each Power may
deem
reasonably necessary for the protection of the rights of third parties
who have
exploited or made use of patents or designs since they had lapsed.
The
period from the Ist August,
I9I4, until the coming into force of the present Treaty shall be
excluded in
calculating the time within which a patent has to be exploited or a
trade-mark
or design used, and it is further agreed that no patent, trade-mark or
design
in force on the Ist August, I9I4, shall be subject to revocation or
cancellation by reason only of the failure to exploit such patent or
use such
trade-mark or design, for two years after the coming into force of the
present
Treaty.
ARTICLE 88.
No
action shall be brought and no
claim made on the one hand by Turkish nationals or persons residing or
carrying
on business in Turkey, and on the other hand by nationals of the Allied
Powers
or persons residing or carrying on their business in the territory of
these
Powers, nor by third parties having derived title during the war from
such
persons, by reason of any occurrence which has taken place within the
territory
of the other party, between the date of the beginning of a state of war
and
that of the coming into force of the present Treaty, which might tve
held to
constitute an infringement of rights of industrial property or rights
of
literary or artistic property either existing at any time during the
war, or
revived under the provisions of Article 86.
Among
the occurrences referred to
above are included the use by the Governments of the High Contracting
Parties,
or by any person acting on their behalf, or with their consent, of
rights of
industrial, literary or artistic property, as well as the sale, the
offering
for sale or the use of products, apparatus, or any articles whatsoever
to which
these rights apply.
ARTICLE 89.
Licences
for the use of industrial
property, or for the reproduction of literary or artistic works,
granted before
the war by or to nationals of the Allied Powers or persons residing in
their
territories or carrying on business therein, on the one hand, to or by
Turkish
nationals on the other hand, shall be considered as cancelled as from
the date
of the beginning of a state of war between Turkey and the Allied Power
concerned. But in any case, the former beneficiary of a licence of this
kind
shall have the right within a period of six months from the coming into
force
of the present Treaty to require from the proprietor of the rights the
grant of
a new licence, the conditions of which, in default of agreement between
the
parties, shall be fixed by the Mixed Arbitral Tribunal referred to in
Section V
of this Part. The Tribunal shall have the power, where the
circumstances demand
it, to fix at the same time the amount which it considers fair payment
for the
use of the property during the war.
ARTICLE 90
The
inhabitants of territories
detached from Turkey under the present Treaty shall, notwithstanding
this
transfer and the change of nationality consequent thereon, continue in
complete
enjoyment in Turkey of all the rights in industrial, literary and
artistic
property to which they were entitled under Ottoman law at the time of
transfer.
Rights
of industrial, literary and
artistic property which are in existence in territories detached from
Turkey
under the present Treaty at the time of separation, or which are
re-established
or restored by the provisions of Article 86, shall be recognised by the
State
to which the said territory is transferred, and shall remain in
existence in
that territory for the same period of time as that which they would
have
enjoyed under Ottoman law.
ARTICLE 91
All
grants of patents and
registrations of trade-marks, as well as all registrations of transfers
or
assignments of patents or trade marks which have been duly made since
the 30th
October, 1918, by the Imperial Ottoman Government at Constantinople or
elsewhere, shall be submitted to the Turkish Government and registered,
if the
parties concerned make an application within three months from the
coming into
force of the present Treaty. Such registration shall have effect as
from the
date of the original registration.
SECTION V.
MIXED ARBITRAL TRIBUNAL.
ARTICLE 92.
Within
three months from the date of
the coming into force of the present Treaty, a Mixed Arbitral Tribunal
shall be
established between each of the Allied Powers, on the one hand, and
Turkey, on
the other hand.
Each
of these Tribunals shall be
composed of three members, two being appointed respectively by each of
the
Governments concerned, who shall be entitled to designate several
persons from
whom, according to the case in question, they will choose one to sit as
a
member of the Tribunal. The president shall be chosen by agreement
between the
two Governments concerned.
In
case of failure to reach
agreement within two months from the coming into force of the present
Treaty,
the president shall be appointed, upon the request of one of the
Governments
concerned, from among nationals of Powers which remained neutral during
the
war, by the President of the Permanent Court of International Justice
at The
Hague.
If
within the said period of two
months one of the Governments concerned does not appoint a member to
represent
it on the Tribunal, the Council of the League of Nations will have
power to
proceed to the appointment of such member upon the request of the other
Government concerned.
If a
member of the Tribunal should
die or resign or for any reason become unable to perform his duties, he
shall
be replaced by the method laid down for his appointment, the above
period of
two months running from the date of death, resignation or inability as
duly
verified.
ARTICLE 93.
The
seat of the Mixed Arbitral
Tribunals shall be at Constantinople. If the number and character of
the cases
justify it, the Governments concerned shall be entitled to create in
each
Tribunal onc or more additional Sections, the seat of which shall be in
whatever place may be convenient. Each of these Sections shall be
composed of a
vice-president and two members appointed as laid down in the second,
third,
fourth and fifth paragraphs of Article 92.
Each
Government shall appoint one or
more agents to represent it before the Tribunal.
If,
after three years from the
establishment of a Mixed Arbitral Tribunal, or of one of its Sections,
such
Tribunal or Section has not finished its work, and if the Power on
whose
territory such Tribunal or Section has its seat so requests, the seat
shall be
removed from such territory.
ARTICLE
94.
The
Mixed Arbitral Tribunals
established pursuant to Articles 92 and 93 shall decide all questions
within
their competence under the present Treaty.
Decisions
shall be taken by a
majority.
The
High Contracting Parties agree
to regard the decisions of the Mixed Arbitral Tribunals as final and
conclusive, and to render them binding upon their nationals, and to
ensure
their enforcement in their respective territories as soon as the
decisions of
the Tribunals are notified to them, without it being necessary to have
them
declared executory.
The
High Contracting Parties further
undertake that their Tribunals and authorities shall directly assist
the fixed
Arbitral Tribunals in every way that is in their power, particularly as
re-
gards the transmission of notices and the collection of evidence.
ARTICLE 95.
The
Mixed Arbitral Tribunals shall
be guided by justice, equity and good faith.
Each
Tribunal will determine the language
to be used before it, and shall order such translations to be made as
are
necessary to ensure that the proceedings are completely understood; it
will lay
down rules and time limits for the procedure to be observed. These
rules must
be based on the following principles:
(I)
The procedure shall include the
presentation of a memorial and a counter-memorial respectively, with
the option
of presenting a reply and a rejoinder. If either of the parties asks
for leave
to present an oral argument he will be permitted to do so; in such case
the
other party will have the same right.
(2)
The Tribunal shall have full
power to order enquiries, the production of documents, and expert
examinations,
to make a view, to demand any information, to hear any witnesses and to
ask the
parties or their representatives for any verbal or written
explanations.
(3)
Subject to any contrary
provision in the present Treaty, no claim shall be admitted after the
expiry of
a period of six months from the establishment of the Tribunal, except
upon
express authority contained in a decision of the said Tribunal and
justified as
an exceptional measure by considerations relating to distance or force
majeure.
(4)
It shall be the duty of the
Tribunal to hold as many sittings each week as may be needed for the
prompt
despatch of its business, except during vacations, which shall not
exceed a
total of eight weeks a year.
(5)
Judgment must always be given
within at most two months from the end of the hearing, after which the
Tribunal
will at once proceed to consider its judgment.
(6)
Oral arguments, if any, shall be
heard in public, and in all cases judgment shall be delivered in
public.
(7)
Each Mixed Arbitral Tribunal
shall be entitled to hold sittings elsewhere than in the place where
its seat
is established, if it considers it advantageous for the despatch of
business.
ARTICLE 96.
The
Governments concerned shall
appoint by agreement a Secretary-General for each Tribunal, and shall
each
attach to him one or more Secretaries. The Secretary-General and the
Secretaries shall be under the orders of the Tribunal, which with the
consent
of the Governments concerned shall be entitled to engage any persons
whose
assistance it may need.
The
Secretariat of each Tribunal
shall have its offices at Constantinople. The Governments concerned
shall have
power to establish additional offices in such other places as may be
convenient.
Each
Tribunal shall keep in its
Secretariat the records, papers and documents relating to the cases
submitted
to it, and upon the completion of its duties it shall deposit them in
the
archives of the Government of the country where its seat is
established. These
archives shall always be accessible to the Governments concerned.
ARTICLE 97.
Each
Government shall pay the emoluments
of the member of the Mixed Arbitral Tribunal whom it appoints, as well
as those
of any agent or secretary appointed by it.
The
emoluments of the President and
those of the Secretary-General shall be fixed by agreement between the
Governments concerned, and these emoluments and the general expenses of
the
Tribunal shall be paid in equal shares by the two Governments.
ARTICLE 98.
The
present section shall not apply
to cases between Japan and Turkey, which, according to the terms of the
present
Treaty, would fall within the competence of the Mixed Arbitral
Tribunal. Such
cases shall be settled by agreement between the two Govern- ments.
SECTION VI.
TREATIES.
ARTICLE 99.
From
the coming into force of the
present Treaty and subject to the provisions thereof, the multilateral
treaties, conventions and agreements of an economic or technical
character
enumerated below shall enter again into force between Turkey and those
of the
other Contracting Powers party thereto:
(I)
Conventions of March 14, 1884,
of December 1, 1886, and of March 23, 1887, and Final Protocol of July
7, 1887,
regarding the protection of submarine cables;
(2)
Convention of July 5, 1890,
regarding the publication of customs tariffs and the organisation of an
International Union for the publication of customs tariffs;
(3)
Arrangement of December 9, 1907,
regarding the creation of the International Office of Public Hygiene at
Paris;
(4)
Convention of June 7, 1905,
regarding the creation of an International Agricultural Institute at
Rome;
(5)
Convention of July 16, 1863, for
the redemption of the toll dues on the Scheldt;
(6)
Convention of October 29, 1888,
regarding the establishment of a definite arrangement guaranteeing the
free use
of the Suez Canal, subject to the special stipulations provided for by
Article
19 of the present Treaty;
(7)
Conventions and Agreements of
the Universal Postal Union, including the Conventions and Agreements
signed at
Madrid on November 30, 1920;
(8)
International Telegraphic
Conventions signed at St. Petersburgh on July 10-22, 1875; Regulations
and
Tariffs drawn up by the International Telegraph Conference, Lisbon,
June 11,
1908.
ARTICLE 100.
Turkey
undertakes to adhere to the
Conventions or Agreements enumerated below, or to ratify them:
(I)
Convention of October 11, 1909,
regarding the inter- national circulation of motor cars;
(2)
Agreement of May 15, 1886,
regarding the sealing of railway trucks subject to customs inspection
and
Protocol of May 18, 1907;
(3)
Convention of September 23,
1910, respecting the unification of certain regulations regarding
collisions
and salvage at sea;
(4)
Convention of December 21, 1904,
regarding exemption of hospital ships from dues and charges in ports;
(5)
Conventions of May 18, 1904, of
May 4, 1910, and of September 30, 1921, regarding the suppression of
the White
Slave Traffic;
(6)
Conventions of May 4, 1910,
regarding the suppression of obscene publications;
(7)
Sanitary Convention of January
17, 1912, Articles 54, 88 and 90 being reserved;
(8)
Conventions of November 3, 1881,
and April 15, 1889, regarding precautionary measures against
phylloxera;
(9)
Opium Convention, signed at The
Hague, January 23, 1912, and additional Protocol of 1914;
(10)
International Radio-Telegraphic
Convention of July 5, 1912;
(11)
Convention regarding liquor
traffic in Africa, signed at St. Germain-en-Laye, September 10, 1919;
(12)
Convention revising the General
Act of Berlin of February 26, 1885, and the General Act and Declaration
of
Brussels of July 2, I890, signed at St. Germain-en-Laye, September 10,
1919;
(13)
Convention of October 13, 1919,
regulating aerial navigation, provided that Turkey obtains, under the
Protocol
of May 1, 1920, such derogations as her geographical situation may
render
necessary;
(14)
Convention of September 26,
1906, signed at Berne, prohibiting the use of white phosphorus in the
manufacture of matches.
Turkey
further undertakes to take
part in the elaboration of new international conventions relating to
telegraphy
and radio-telegraphy.
PART IV.
COMMUNICATIONS AND SANITARY QUESTIONS.
SECTION 1.
COMMUNICATIONS.
ARTICLE 101.
Turkey
undertakes to adhere to the
Convention and to the Statute respecting the Freedom of Transit adopted
by the
Conference of Barcelona on the 14th April, 192I, as well as to the
Convention
and the Statute respecting the regime for waterways of international
interest
adopted by the said Conference on the 19th April, 1921, and to the
supplementary Protocol.
Turkey
accordingly undertakes to
bring into force the provisions of these Conventions, Statutes and
Protocol as
from the entry into force of the present Treaty.
ARTICLE 102.
Turkey
undertakes to adhere to the
Declaration of Barcelona. dated the 20th April, 1921, "recognising the
rights of the flag of States not possessing a sea-board."
ARTICLE 103.
Turkey
undertakes to adhere to the
recommendations of the Conference of Barcelona, dated the 20th April,
1921,
respecting ports placed under an international regime. Turkey will
subsequently
make known those ports which will be placed under that regime.
ARTICLE 104.
Turkey
undertakes to adhere to the
recommendations of the Conference of Barcelona, dated the 20th April,
1921,
respecting international railways. These recommendations will be
brought into
force by the Turkish Government on the coming into force of the present
Treaty
and subject to reciprocity.
ARTICLE 105.
On
the coming into force of the
present Treaty, Turkey agrees to subscribe to the Conventions and
arrangements
signed at Berne on October 14, 1890, September 20, 1893, July I6, 1895,
June
16, 1898, and September 19, 1906, regarding the transportation of goods
by
rail.
ARTICLE 106.
When,
as a result of the fixing of
new frontiers, a railway connection between two parts of the same
country
crosses another country, or a branch line from one country has its
terminus in
another, the conditions of working, in so far as concerns the traffic
between
the two countries, shall, subject to any special arrangements, be laid
down in
an agreement to be concluded between the railway administrations
concerned. If
these administrations cannot come to an agreement as to the terms of
such
agreement, those conditions shall be decided by arbitration.
The
establishment of all new
frontier stations between Turkey and the neighbouring States, as well
as the
working of the lines between those stations, shall be settled by
agreements
similarly concluded .
ARTICLE 107
Travellers
and goods coming from or
destined for Turkey or Greece, and making use in transit of the three
sections
of the Oriental Railways included between the Grseco-Bulgarian frontier
and the
Grceco-Turkish frontier near Kuleli-Burgas, shall not be subject, on
account of
such transit, to any duty or toll nor to any formality of examination
in
connection with passports or customs.
A
Commissioner, who shall be
selected by the Council of the League of Nations, shall ensure that the
stipulations of this Article are carried out.
The
Greek and Turkish Governments
shall each have the right to appoint a representative to be attached to
this
Commissioner; this representative shall have the duty of drawing the
attention
of the Commissioner to any question relating to the execution of the
above-mentioned
stipulations, and shall enjoy all the necessary facilities to enable
him to
accomplish his task. These representatives shall reach an agreement
with the
Commissioner as to the number and nature of the subordinate staff which
they
will require.
It
shall be the duty of the said
Commissioner to submit, for the decision of the Council of the League
of
Nations, any question relating to the execution of the said
stipulations which
he may not have been able to settle. The Greek and Turkish Governments
undertake
to carry out any decision given by the majority vote of the said
Council.
The
salary of the said Commissioner,
as well as the expenses of his work, shall be borne in equal parts by
the Greek
and Turkish Governments.
In
the event of Turkey constructing
later a railway line joining Adrianople to the line between
Kuleli-Burgas and
Constantinople, the stipulations of this Article shall lapse in so far
as
concerns transit between the points on the Graoco-Turkish frontier
lying near
Kuleli-Burgas and Bosna-Keuy respectively.
Each
of the two interested Powers
shall have the right, after five years from the coming into force of
the
present Treaty, to apply to the Council of the League of Nations with a
view to
deciding whether it is necessary that the control mentioned in
paragraphs 2 to
5 of the present Article should be maintained. Nevertheless, it remains
understood that the stipulations of paragraph I shall remain in force
for
transit over the two sections of the Oriental Railways between the
Graeco-Bulgarian frontier and Bosna-Keuy.
ARTICLE 108.
Subject
to any special provisions
concerning the transfer of ports and railways, whether owned by the
Turkish
Government or private companies, situated in the territories detached
from
Turkey under the present Treaty, and similarly subject to any
agreements which
have been, or may be, concluded between the Contracting Powers relating
to the
concessionnaries and the pensioning of the personnel, the transfer of
railways
will take place under the following conditions:
(I)
The works and installations of
all the railroads shall be left complete and in as good condition as
possible;
(2)
When a railway system possessing
its own rolling-stock is situated in its entirety in transferred
territory,
such stock shall be left complete with the railway, in accordance with
the last
inventory before the 30th October, 1918;
(3)
As regards lines, the
administration of which will in virtue of the present Treaty be
divided, the
distribution of the rolling-stock shall be made by friendly agreement
between
the administrations taking over the several sections thereof. This
agreement
shall have regard to the amount of the material registered on those
lines in
the last inventory before the 30th October, 1918, the length of the
track (sidings
included) and the nature and amount of the traffic. Failing agreement,
the
points in dispute shall be settled by arbitration. The arbitral
decision shall
also, if necessary, specify the locomotives, carriages and wagons to be
left on
each section, the conditions of their acceptance and such provisional
arrangements as may be judged necessary to ensure for a limited period
the
current maintenance in existing workshops of the transferred stock;
(4)
Stocks of stores, fittings and
plant shall be left under the same conditions as the rolling-stock.
ARTICLE 109.
In
default of any provisions to the
contrary, when as the result of the fixing of a new frontier the
hydraulic
system (canalisation, inundation, irrigation, drainage or similar
matters) in a
State is dependent on works executed within the territory of another
State, or
when use is made on the territory of a State, in virtue of pre-war
usage, of
water or hydraulic power, the source of which is on the territory of
another
State, an agreement shall be made between the States concerned to
safeguard the
interests and rights acquired by each of them.
Failing
an agreement, the matter
shall be regulated by arbitration.
ARTICLE 110.
Roumania
and Turkey will come to an
agreement as to an equitable arrangement for the working conditions of
the
Constanza-Constantinople cable. Failing agreement, the matter shall be
settled
by arbitration.
ARTICLE 111.
Turkey
renounces on her own behalf
and on behalf of her nationals all rights, titles or privileges of
whatsoever
nature over the whole or part of such cables as no longer land on her
territory.
If
the cables or portions thereof
transferred under the preceding paragraph are privately owned, the
Governments
to which this property is transferred will have to indemnify the
owners. Failing
agreement respecting the amount of indemnity, this amount will be fixed
by
arbitration.
ARTICLE 112.
Turkey
will retain the rights of
property which she may already possess over those cables of which at
least one
end remains in Turkish territory.
The
exercise of the landing rights
of the said cables in non-Turkish territory and their working
conditions shall
be settled in a friendly manner by the States concerned. Failing
agreement, the
dispute will be settled by arbitration.
ARTICLE 113.
Each
of the High Contracting Parties
hereby accepts, in so far as it is concerned, the abolition of foreign
post
offfices in Turkey.
SECTION II.
SANITARY QUESTIONS.
ARTICLE 114.
The
Superior Council of Health of
Constantinople is abolished. The Turkish Administration is entrusted
with the
sanitary organisation of the coasts and frontiers of Turkey.
ARTICLE 115.
A
single sanitary tariff, the dues
and conditions of which shall be fair, shall be applied to all ships
without
distinction between the Turkish flag and foreign flags, and to
nationals of
foreign Powers under the same conditions as to nationals of Turkey.
ARTICLE 116.
Turkey
undertakes to respect
entirely the right of the sanitary employees whose services have been
terminated
to compensation to be appropriated out of the funds of the former
Superior
Council of Health of Constantinople, and all other rights acquired by
employees
or former employees of the Council, or their representatives. All
questions
relating to such rights, to the employment of the reserve funds of the
former
Superior Council of Health of Constantinople, or to the final
liquidation of
the former sanitary administration, as well as all other similar or
cognate
questions, shall be regulated by a Commission ad hoc which shall be
composed of
a representative of each of the Powers represented on the Superior
Council of
Health of Constantinople except Germany, Austria and Hungary. In the
event of
disagreement between the members of the said Commission on a question
relating
to the above-mentioned liquidation, or the employment of the funds
remaining
after the liquidation, every Power represented on the Commission shall
have the
right to bring the matter to the notice of the Council of the League of
Nations, whose decision shall be final.
ARTICLE 117.
Turkey
and those Powers which are
interested in the supervision of the pilgrimages to Jerusalem and to
the Hedjaz
and the Hedjaz railway shall take such measures as are appropriate in
accordance with the provisions of international sanitary conventions.
With a
view to ensuring complete uniformity in the execution of these
measures, these
Powers and Turkey shall constitute a Sanitary Coordination Commission
for
pilgrimages, on which the sanitary service of Turkey and the Maritime
Sanitary
and Quarantine Council of Egypt shall be represented.
This
Commission must obtain the
previous consent of the State on whose territory it holds its meeting.
ARTICLE 118.
Reports
on the work of the
Pilgrimage Coordination Commission shall be addressed to the Health
Committee
of the League of Nations and to the International Office of Public
Health, and
also to the Government of each country which is interested in
pilgrimages and
makes a request therefor. The Commission will give its opinion on every
question put to it by the League of Nations, by the International
Office of
Public Health, or by the interested Governments.
PART V.
MISCELLANEOUS PROVISIONS.
SECTION I.
PRISONERS 0F WAR.
ARTICLE 119.
The
High Contracting Parties agree
to repatriate at once the prisoners of war and interned civilians who
are still
in their hands.
The
exchange of prisoners of war and
interned civilians detained by Greece and Turkey respectively forms the
subject
of a separate agreement between those Powers signed at Lausanne on the
30th
January,1923.
ARTICLE 120.
Prisoners
of war and interned
civilians awaiting disposal or undergoing sentence for offences against
discipline shall be repatriated irrespective of the completion of their
sentence or of the proceedings pending against them.
Prisoners
of war and interned
civilians who are awaiting trial or undergoing sentence for offences
other than
those against discipline may be detained.
ARTICLE 121.
The
High Contracting Parties agree
to give every facility in their respective territories for the search
for the
missing and the identification of prisoners of war and interned
civilians who
have expressed their desire not to be repatriated.
ARTICLE 122.
The
High Contracting Parties
undertake to restore on the coming into force of the present Treaty all
articles, money, securities, documents and personal effects of every
description which have belonged to prisoners of war or interned
civilians and
which have been retained.
ARTICLE 123.
The
High Contracting Parties waive
reciprocally all repayments of sums due for the maintenance of
prisoners of war
captured by their armies.
SECTION II.
GRAVES.
ARTICLE
124.
Without
prejudice to the special
provisions of Article 126 of the present Treaty, the High Contracting
Parties
will cause to be respected and maintained within the territories under
their
authority the cemeteries, graves, ossuaries and memorials of soldiers
and
sailors who fell in action or died from wounds accident or disease
since the
29th October, 1914, as well as of prisoners of war and interned
civilians who
died in captivity after that date.
The
High Contracting Parties will
agree to accord in their respective territories all necessary
facilities to
such Commissions as each Contracting Power may appoint for the purpose
of the
identification, registration and maintenance of the said cemeteries,
ossuaries
and graves, and the erection of memorials on their sites. Such
Commissions
shall not have any military character.
The
High Contracting Parties
reciprocally undertake, subject to the provisions of their national
laws and
the requirements of public health, to furnish each other every facility
for
giving effect to requests that the bodies of such soldiers and sailors
may be
transferred to their own country.
ARTICLE 125.
The
High Contracting Parties further
undertake to furnish each other:
(I)
A complete list of prisoners of
war and interned civilians who have died in captivity, together with
all
information tending towards their identification.
(2)
All information as to the number
and position of the graves of all those who have been buried without
identification.
ARTICLE 126.
The
maintenace of the graves,
cemeteries, ossuaries and memorials of Turkish soldiers, sailors and
prisoners
of war who may have died on Roumanian territory since the 27th August
1916, as
well as all other obligations under Articles 124 and 125 regarding
interned
civilians, shall form the object of a special arrangement between the
Roumanian
and the Turkish Governments.
ARTICLE 127.
In
order to complete the general
provisions included in Articles 124 and 125, the Governments of the
British
Empire, France and Italy on the one hand and the Turkish and Greek
Governments
on the other agree to the special provisions contained in Articles 128
to 136.
ARTICLE 128.
The
Turkish Government undertakes to
grant to the Governments of the British Empire, France and Italy
respectively
and in perpetuity the land within the Turkish territory in which are
situated
the graves, cemeteries, ossuaries or memorials of their soldiers and
sailors
who fell in action or died of wounds, accident or disease, as well as
those of
prisoners of war and interned civil- ians who died in captivity.
The
Turkish Government will also
grant to those Governments the land which the Commissions provided for
in
Article 130 shall consider necessary for the establishment of
cemeteries for
the regrouping of graves, for ossuaries or memorials.
The
Turkish Government undertakes
further to give free access to these graves, cemeteries, ossuaries and
memorials, and if need be to authorise the construction of the
necessary roads
and pathways.
The
Greek Government undertakes to
fulfil the same obligations in so far as concerns its territory.
The
above provisions shall not
affect Turkish or Greek sovereignty over the land thus granted.
ARTICLE 129.
The
land to be granted by the
Turkish Government will include in particular, as regards the British
Empire,
the area in the region known as Anzac (Ari Burnu), which is shown on
Map No. 3.
[See Introduction.] The occupation of the above-mentioned area shall be
subject
to the following conditions:
(1)
This area shall not be applied
to any purpose other than that laid down in the present Treaty;
consequently it
shall not be utilised for any military or commercial object nor for any
other
object foreign to the purpose mentioned above;
(2)
The Turkish Government shall, at
all times, have the right to cause this area, including the cemeteries,
to be
inspected;
(3)
The number of civil custodians
appointed to look after the cemeteries shall not exceed one custodian
to each
cemetery. There shall not be any special custodians for the parts of
the area
Iying outside the cemeteries;
(4)
No dwelling houses may be
erected in the area, either inslde or outside the cemeteries, except
such as
are strictly necessary for the custodians;
(5)
On the sea shore of the area no
quay, jetty or wharfs may be built to facilitate the landing or
embarkation of
persons or goods;
(6)
Such formalities as may be
required may only be fulfilled on the coast inside the Straits and
access to
the area by the coast on the AEgean Sea shall only be permitted after
these
formalities have been fulfilled. The Turkish Government agrees that
these
formalities, which shall be as simple as possible, shall not be,
without
prejudice to the other stipulations of this Article, more onerous than
those
imposed on other foreigners entering Turkey, and that they should be
fulfilled
under conditions tending to avoid all unnecessary delay;
(7)
Persons who desire to visit the
area must not be armed, and the Turkish Government have the right to
see to the
enforcement of this strict prohibition;
(8)
The Turkish Government must be
informed at least a week in advance of the arrival of any party of
visitors
exceeding 150 persons.
ARTICLE 130.
Each
of the British, French and
Italian Governments shall appoint a commission, on which the Turkish
and Greek
Governments will appoint a representative, to which will be entrusted
the duty
of regulating on the spot questions affecting the graves, cemeteries,
ossuaries
and memorials. The duties of these commissions shall extend
particularly to:
(1)
the offficial recognition of the
zones where burials have or may have already taken place and the
registration
of cemeteries, ossuaries, or memorials already existing;
(2)
fixing the conditions in which,
if necessary, graves may in future be concentrated, and deciding, in
conjunction with the Turkish representative in Turkish territory and
the Greek
representative in Greek territory, the sites of the cemeteries,
ossuaries and memorials
still to be established, and defining the boundaries of these sites in
such a
way as shall restrict the land to be occupied within the limits
indispensable
for the purpose;
(3)
communicating to the Turkish and
Greek Governments in the name of the respective Governments a final
plan of
their graves, cemeteries, ossuaries and memorials, whether already
established
or to be established.
ARTICLE 131 .
The
Government in whose favour the
grant is made undertakes not to employ the land nor to allow it to be
employed
for any purpose other than that to which it is dedicated. If this land
is
situated on the coast, the shore may not be employed by the
concessionary
Government for any military, marine or commercial purpose of whatever
nature. The
sites of graves and cemeteries which may no longer be used for that
purpose and
which are not used for the erection of memorials shall be returned to
the
Turkish or Greek Government.
ARTICLE 132.
Any
necessary legislative or
administrative measures for the grant to the British, French and
Italian
Governments respectively of full, exclusive and perpetual use of the
land
referred to in Articles 128 to 130 shall be taken by the Turkish
Government and
Greek Government respectively within six months of the date of the
notification
to be made in accordance with paragraph 3 of Article 130. If any
compulsory
acquisition of the land is necessary, it will be effected by and at the
cost of
the Turkish Government or the Greek Government, as the case may be.
ARTICLE 133.
The
British, French and Italian
Governments may respectively entrust to such organisations as each of
them may
deem fit the establishment, arrangement and maintenance of the graves,
cemeteries, ossuaries and memorials of their nationals. These
organisations shall
have no military character. They alone shall have the right to
undertake the
exhumation or removal of bodies necessary for the concentration of
graves and
establishment of cemeteries and ossuaries, as well as the exhumation
and
removal of such bodies as the Governments to whom the grant of land is
made
shall deem it necessary to transfer to their own country.
ARTICLE 134.
The
British, French and Italian
Governments shall have the right to entrust the maintenance of their
graves,
cemeteries, ossuaries and memorials in Turkey to custodians appointed
from
among their own nationals. These custodians shall be recognised by the
Turkish
authorities and shall receive from them every assistance necessary for
the
safeguard and protection of these graves, cemeteries, ossuaries and
memorials. The
custodians shall have no military character, but may be armed for their
personal defence with a revolver or automatic pistol.
ARTICLE 135.
The
land referred to in Articles 128
to 131 shall not be subjected by Turkey or the Turkish authorities, or
by
Greece or the Greek authorities, as the case may be, to any form of
rent or
taxation. Representatives of the British, French or Italian Governments
as well
as persons desirous of visiting the graves, cemeteries, ossuaries and
memorials, shall at all times have free access thereto. The Turkish
Government
and the Greek Government respectively undertake to maintain in
perpetuity the
roads leading to the said land.
The
Turkish Government and the Greek
Government respectively undertake to afford to the British, French and
Italian
Governments all necessary facilities for obtaining a sufficient water
supply
for the requirements of the staff engaged in the maintenance or
protection of
the said graves, cemeteries, ossuaries and memorials, and for the
irrigation of
the land.
ARTICLE 136.
The
British, French and Italian
Governments undertake to accord to the Turkish Government the benefits
of the
provisions contained in Articles 128 and 130 to 135 of the present
Treaty for
the establishment of graves, cemeteries, ossuaries and memorials of
Turkish
soldiers and sailors existing on the territories under their authority,
including the territories detached from Turkey.
SECTION III.
GENERAL PROVISIONS.
ARTICLE 137.
Subject
to any agreements concluded
between the High Contracting Parties, the decisions talcen and orders
issued
since the 30th October, 1918, until the coming into force of the
present
Treaty, by or in agreement with the authorities of the Powers who have
occupied
Constantinople, and concerning the property, rights and interests of
their
nationals, of foreigners or of Turkish nationals, and the relations of
such
persons with the authorities of Turkey, shall be regarded as definitive
and
shall give rise to no claims against the Powers or their authority.
All
other claims arising from injury
suffered in consequence of any such decisions or orders shall be
submitted to
the Mixed Arbitral Tribunal.
ARTICLE 138.
In
judicial matters, the decisions
given and orders issued in Turkey from the 30th October, 1918, until
the coming
into force of the present Treaty by all judges, courts or authorities
of the
Powers who have occupied Constantinople, or by the Provisional Mixed
Judicial
Commission established on the 8th December, 1921, as well as the
measures taken
in execution of such decisions or orders, shall be regarded as
definitive,
without prejudice, however, to the terms of paragraphs IV and VI of the
Amnesty
Declaration dated this day.
Nevertheless,
in the event of a
claim being presented by a private person in respect of damage suffered
by him
in consequence of a judicial decision in favour of another private
person given
in a civil matter by a military or police court, this claim shall be
brought
before the Mixed Arbitral Tribunal, which may in a proper case, order
the
payment of compensation or even restitution of the property in
question.
ARTICLE 139.
Archives,
registers, plans,
title-deeds and other documents of every kind relating to the civil,
judicial
or financial administration, or the administration of Wakfs, which are
at
present in Turkey and are only of interest to the Government of a
territory
detached from the Ottoman Empire, and reciprocally those in a territory
detached from the Ottoman Empire which are only of interest to the
Turkish
Government, shall reciprocally be restored.
Archives,
registers, plans,
title-deeds and other documents mentioned above which are considered by
the
Government in whose possession they are as being also of interest to
itself,
may be retained by that Government, subject to its furnishing on
request
photographs or certified copies to the Government concerned.
Archives,
registers, plans,
title-deeds and other documents which have been taken away either from
Turkey
or from detached territories shall reciprocally be restored in
original, in so
far as they concern exclusively the territories from which they have
been
taken.
The
expense entailed by these
operations shall be paid by the Government applying therefor.
The
above stipulations apply in the
same manner to the registers relating to real estates or Wakfs in the
districts
of the former Ottoman Empire transferred to Greece after 1912.
ARTICLE 140.
Prizes
made during the war between
Turkey and the other Contracting Powers prior to the 30th October,
1918, shall
give rise to no claim on either side. The same shall apply to seizures
effected
after that date, for violation of the armistice, by the Powers who have
occupied Constantinople.
It
is understood that no claim shall
be made, either by the Governments of the Powers who have occupied
Constantinople or their nationals, or by the Turkish Government or its
nationals, respecting small craft of all kinds, vessels of light
tonnage,
yachts and lighters which any of the said Governments may, between the
29th
October, 1914, until the 1st January, 1923, have disposed of in their
own
harbours or in harbours occupied by them. Nevertheless, this
stipulation does
not prejudice the terms of paragraph VI of the Amnesty Declaration
dated this
day, nor the claims which private persons may be able to establish
against
other private persons in virtue of rights held before the 29th October,
1914.
Vessels
under the Turkish flag
seized by the Greek forces after the 30th October, 1918, shall be
restored to
Turkey.
ARTICLE 141 .
In
accordance with Article 25 of the
present Treaty, Articles 155, 250 and 440 and Annex III, Part VIII
(Reparation)
of the Treaty of Peace of Versailles, dated the 28th June, 1919, the
Turkish
Government and its nationals are released from any liability to the
German
Government or to its nationals in respect of German vessels which were
the
object during the war of a transfer by the German Government or its
nationals
to the Ottoman Government or its nationals without the consent of the
Allied
Governments, and at present in the possession of the latter.
The
same shall apply, if necessary,
in the relations between Turkey and the other Powers which fought on
her side.
ARTICLE 142.
The
separate Convention concluded on
the 30th January, 1923, between Greece and Turkey, relating
to the
exchange of the Greek and Turkish populations, will have as between
these two
High Contracting Parties the same force and effect as if it formed part
of the
present Treaty.
ARTICLE 143.
The
present Treaty shall be ratified
as soon as possible.
The
ratifications shall be deposited
at Paris.
The
Japanese Government will be
entitled merely to inform the Government of the French Republic through
their
diplomatic representative at Paris when their ratification has been
given; in
that case, they must transmit the instrument of ratification as soon as
possible.
Each
of the Signatory Powers will
ratify by one single instrument the present Treaty and the other
instruments
signed by it and mentioned in the Final Act of the Conference of
Lausanne, in
so far as these require ratification.
A
first proces-verbal of the deposit
of ratifications shall be drawn up as soon as Turkey, on the one hand,
and the
British Empire, France, Italy and Japan, or any three of them, on the
other
hand, have deposited the instruments of their ratifications.
From
the date of this first
proces-verbal the Treaty will come into force between the High
Contracting
Parties who have thus ratified it, Thereafter it will come into force
for the
other Powers at the date of the deposit of their ratifications.
As
between Greece and Turkey,
however, the provisions of Articles 1, 2 (2) and 5-11 inclusive will
come into
force as soon as the Greek and Turkish Governments have deposited the
instruments of their ratifications, even if at that time the
proces-verbal
referred to above has not yet been drawn up.
The
French Government will transmit
to all the Signatory Powers a certified copy of the proces-verbaux of
the
deposit of ratifications.
In
faith whereof the above-named
Plenipotentiaries have signed the present Treaty.
Done
at Lausanne, the 24th July,
1923, in a single copy, which will be deposited in the archives of the
Government of the French Republlc, which will transmit a certified copy
to each
of the Contracting Powers.
(Unterschriften
und Siegel)