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MOTORISTA
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« on: March 10, 2011, 11:15:31 pm »

Ovaj ugovor nikada nije stupio na snagu zbog izbijanja revolucije u Turskoj, kao i zbog početka Grčko -Turskog rata. Kasnije je zamenjen Lozanskim ugovorom.

THE TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS
AND TURKEY
SIGNED AT SÈVRES
AUGUST 10, 1920


THE BRITISH EMPIRE, FRANCE, ITALY AND JAPAN,


These Powers being described in the present Treaty as the Principal Allied Powers;


ARMENIA, BELGIUM, GREECE, THE HEDJAZ, POLAND, PORTUGAL, ROUMANIA, THE SERB-CROAT-SLOVENE STATE AND CZECHO-SLOVAKIA,


These Powers constituting, with the Principal Powers mentioned above, the Allied Powers, of the one part;


AND TURKEY,


of the other part;


Whereas on the request of the Imperial Ottoman Government an Armistice was granted to Turkey on October 30, 1918, by the Principal Allied Powers in order that a Treaty of Peace might be concluded, and


Whereas the Allied Powers are equally desirous that the war in which certain among them were successively involved, directly or indirectly, against Turkey, and which originated in the declaration of war against Serbia on July 28, I914, by the former Imperial and Royal Austro-Hungarian Government, and in the hostilities opened by Turkey against the Allied Powers on October 29, 1914, and conducted by Germany in alliance with Turkey, should be replaced by a firm, just and durable Peace,


For this purpose the HIGH CONTRACTING PARTIES have appointed as their Plenipotentiaries:


HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND TIIE SEAS, EMPEROR OF INDIA:

Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His Britannic Majesty at Paris;


for the DOMINION of CANADA:

The Honourable Sir George Halsey PERLEY, K.C. M. G

High Commissioner for Canada in the United Kingdom;


for the COMMONWEALTH of AUSTRALIA:

The Right Honourable Andrew FISHER, High Commissioner for Australia in the United Kingdom;


for the DOMINION of NEW ZEALAND:

Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His Britannic Majesty at Paris;


for the UNION of SOUTH AFRICA:

Mr. Reginald Andrew BLANKENBERG, O. B. E., Acting High Commissioner for the Union of South Africa in the United Kingdom;


for INDIA:

Sir Arthur HIRTZEL, K. C. B., Assistant Under Secretary of State for India;


THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr. Alexandre MILLERAND, President of the Council, Minister for Foreign Affairs

Mr. Frederic FRANÇOIS-MARSAL, Minister of Finance

Mr. Auguste Paul-Louis ISAAC, Minister of Commerce and Industry;

Mr. Jules CAMBON, Ambassador of France

Mr. Georges Maurice PALÉOLOGUE, Ambassador of France, Secretary-General of the Ministry of Foreign Affairs;


Hls MAJESTY THE KING OF ITALY:

Count LELIO BONIN LONGARE, Senator of the Kingdom


Ambassador Extraordinary and Plenipotentiary of H. M. the King of Italy at Paris

General Giovanni MARIETTI, Italian Military Representative on the Supreme War Council;


Hls MAJESTY THE EMPEROR OF JAPAN:

Viscount CHINDA, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at London;

Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at Paris;



ARMENIA:

Mr. Avetis AHARONIAN, President of the Delegation of the Armenian Republic;


HIS MAJESTY THE KING OF THE BELGIANS:

Mr. Jules VAN DEN HEUVEL, Envoy Extraordinary and Minister Plenipotentiary, Minister of State;

Mr. ROLIN JAEQUEMYNS, Member of the Institute of Private International Law, Secretary-General of the Belgian Delegation;


HIS MAJESTY THE KING OF THE HELLENES:

Mr. Eleftherios K. VENIZELOS, President of the Council of Ministers;

Mr. Athos ROMANOS, Envoy Extraordinary and Minister Plenipotentiary of H. M. the King of the Hellenes at Paris;


HIS MAJESTY THE KING OF THE HEDJAZ:


THE PRESIDENT OF THE POLISH REPUBLIC:

Count Maurice ZAMOYSKI, Envoy Extraordinary and Minister Plenipotentiary of the Polish Republic at Paris;

Mr. Erasme PILTZ;


THE PRESIDENT OF THE PORTUGUESE REPUBLIC:

Dr. Affonso da COSTA, formerly President of the Council of Ministers;


His MAJESTY THE KING OF ROUMANIA:
Mr. Nicolae TITULESCU, Minister of Finance;


Prince DIMITRIE GHIKA, Envoy Extraordinary and Minister Plenipotentiary of H. M. the King of Roumania at Paris;


Hls MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:




Mr. Nicolas P. PACHITCH, formerly President of the Council of Ministers;

Mr. Ante TRUMBIC, Minister for Foreign Affairs;


THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC:

Mr. Edward BENES, Minister for Foreign Affairs;

Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary of the Czecho-Slovak Republic at London;


TURKEY:

General HAADI Pasha, Senator;

RIZA TEVFIK Bey, Senator;

RECHAD HALISS Bey, Envoy Extraordinary and Minister Plenipotentiary of Turkey at Berne;

WHO, having communicated their full powers, found in good and due form, have AGREED AS FOLLOWS:


From the coming into force of the present Treaty the state of war will terminate.


From that moment and subject to the provisions of the present Treaty, officiai relations will exist between the Allied Powers and Turkey.


PART I.

THE COVENANT OF THE LEAGUE OF NATIONS.

ARTICLES 1 TO 26 AND ANNEX

See Part I, Treaty of Versailles, Pages 10-23.

PART II.

FRONTIERS OF TURKEY.

ARTICLE 27.


I. In Europe, the frontiers of Turkey will be laid down as follows:

1. The Black Sea: from the entrance of the Bosphorus to the point described below.


2. With Greece:

From a point to be chosen on the Black Sea near the mouth of the Biyuk Dere, situated about 7 kilometres north-west of Podima, south-westwards to the most north-westerly point of the limit of the basin of the Istranja Dere (about 8 kilometres northwest of Istranja), a line to be fixed on the ground passing through Kapilja Dagh and Uchbunar Tepe;
thence south-south-eastwards to a point to be chosen on the railway from Chorlu to Chatalja about 1 kilometre west of the railway station of Sinekli, a line following as far as possible the western limit of the basin of the Istranja Dere;
thence south-eastwards to a point to be chosen between Fener and Kurfali on the watershed between the basins of those rivers which flow into Biyuk Chekmeje Geul, on the north-east, and the basin of those rivers which flow direct into the Sea of Marmora on the south-west, a line to be fixed on the ground passing south of Sinekli;
thence south-eastwards to a point to be chosen on the Sea of Marmora about 1 kilometre south-west of Kalikratia, a line following as far as possible this watershed.


3. The Sea of Marmora:
from the point defined above to the entrance of the Bosphorus.


II. In Asia, the frontiers of Turkey will be laid down as follows:
1. On the West and South:
From the entrance of the Bosphorus into the Sea of Marmora to a point described below, situated in the eastern Mediterranean Sea in the neighbourhood of the Gulf of Alexandretta near Karatash Burun the Sea of Marmora, the Dardanelles, and the Eastern Mediterranean Sea; the islands of the Sea of Marmora, and those which are situated within a distance of 3 miles from the coast, remaining Turkish, subject to the provisions of Section IV and Articles 84 and 122, Part III (Political Clauses).


2. With Syria:
From a point to be chosen on the eastern bank of the outlet of the Hassan Dede, about 3 kilometres north-west of Karatash Bu- run, north-eastwards to a point to be chosen on the Djaihun Irmak about 1 kilometre north of Babeli, a line to be fixed on the ground passing north of Karatash; thence to Kesik Kale, the course of the Djaihun Irmak upstream;
thence north-eastwards to a point to be chosen on the Djaihun Irmak about 15 kilometres east-southeast of Karsbazar, a line to be fixed on the ground passing north of Kara Tepe;
thence to the bend in the Djaihun Irmak situated west of Duldul Dagh, the course of the Djaihun Irmak upstream;
thence in a general south-easterly direction to a point to be chosen on Emir Musi Dagh about 15 kilometres south-south-west of Giaour Geul a line to be fixed on the ground at a distance of about 18 kilometres from the railway, and leaving Duldul Dagh to Syria;
thence eastwards to a point to be chosen about 5 kilometres north of Urfa a generally straight line from west to east to be hxed on the ground passing north of the roads connecting the towns of Bagh- che, Aintab, Biridjik, and Urfa and leaving the last three named towns to Syria;
thence eastwards to the south-western extremity of the bend in the Tigris about 6 kilometres north of Azekh (27 kilometres west of Djezire-ibn-Omar), a generally straight line from west to east to be fixed on the ground leaving the town of Mardin to Syria;
thence to a point to be chosen on the Tigris between the point of confluence of the Khabur Su with the Tigris and the bend in the Tigris situated about 10 kilometres north of this point,

the course of the Tigris downstream, leaving the island on which is situated the town of Djezire-ibn-Omar to Syria.


3. With Mesopotamia:

Thence in a general easterly direction to a point to be chosen on the northern boundary of the vilayet of Mosul,

a line to be fixed on the ground;

thence eastwards to the point where it meets the frontier between Turkey and Persia,

the northern boundary of the vilayet of Mosul, modified, however, so as to pass south of Amadia.


4. On the East and the North East:

From the point above defined to the Black Sea, the existing frontier between Turkey and Persia, then the former frontier between Turkey and Russia, subject to the provisions of Article 89.


5. The Black Sea.

ARTICLE 28.


The frontiers described by the present Treaty are traced on the one in a million maps attached to the present Treaty. In case of differences between the text and the map, the text will prevail. [See Introduction.]


ARTICLE 29.


Boundary Commissions, whose composition is or will be fixed in the present Treaty or in Treaties supplementary thereto, will have to trace these frontiers on the ground.


They shall have the power, not only of fixing those portions which are defined as "a line to be fixed on the ground," but also, if the Commission considers it necessary, of revising in matters of detail portions defined by administrative boundaries or otherwise. They shall endeavour in all cases to follow as nearly as possible the descriptions given in the Treaties, taking into account, as far as possible, administrative boundaries and local economic interests.


The decisions of the Commissions will be taken by a majority, and shall be binding on the parties concerned.


The expenses of the Boundary Commissions will be borne in equal shares by the parties concerned.


ARTICLE 30.


In so far as frontiers defined by a waterway are concerned, 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 Commissions provided for by the present Treaty 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 31.


The various States concerned undertake to furnish to the Commissions all documents necessary for their tasks, 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, within thirty days from the coming into force of the present Treaty, to such representative of the Commissions concerned as may be appointed by the principal Allied Powers.


The States concerned also undertake to instruct the local authorities to communicate to the Commissions 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 32.


The various States interested undertake to give every assistance to the Boundary Commissions, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, materials (sign-posts, boundary pillars) necessary for the accomplishment of their mission.


In particular the Turkish Government undertakes to furnish to the Principal Allied Powers such technical personnel as they may consider necessary to assist the Boundary Commissions in the accomplishment of their mission.


ARTICLE 33.


The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commissions.


ARTICLE 34


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 35.


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.



PART III.

POLITICAL CLAUSES.
SECTION I.
CONSTANTINOPLE.
ARTICLE 36.


Subject to the provisions of the present Treaty, the High Contracting Parties agree that the rights and title of the Turkish Government over Constantinople shall not be affected, and that the said Government and His Majesty the Sultan shall be entitled to reside there and to maintain there the capital of the Turkish State.


Nevertheless, in the event of Turkey failing to observe faithfully the provisions of the present Treaty, or of any treaties or conventions supplementary thereto, particularly as regards the protection of the rights of racial, religious or linguistic minorities, the Allied Powers expressly reserve the right to modify the above provisions, and Turkey hereby agrees to accept any dispositions which may be taken in this connection.


SECTION I I .

STRAITS.

ARTICLE 37.


The navigation of the Straits, including the Dardanelles, the Sea of Marmora and the Bosphorus, shall in future be open, both in peace and war, to every vessel of commerce or of war and to military and commercial aircraft, without distinction of flag.


These waters shall not be subject to blockade, nor shall any belligerent right be exercised nor any act of hostility be committed within them, unless in pursuance of a decision of the Council of the League of Nations.


ARTICLE 33.


The Turkish Government recognises that it is necessary to take further measures to ensure the freedom of navigation provided for in Article 37, and accordingly delegates, so far as it is concerned, to a Commission to be called the "Commission of the Straits," and hereinafter referred to as 'the Commission," the control of the waters specified in Article 39.


The Greek Government, so far as it is concerned, delegates to the Commission the same powers and undertakes to give it in all respects the same facilities.


Such control shall be exercised in the name of the Turkish and Greek Governments respectively, and in the manner provided in this Section.


ARTICLE 39.


The authority of the Commission will extend to all the waters between the Mediterranean mouth of the Dardanelles and the Black Sea mouth of the Bosphorus, and to the waters within three miles of each of these mouths.


This authority may be exercised on shore to such extent as may be necessary for the execution of the provisions of this Section.


ARTICLE 40.


The Commission shall be composed of representatives appointed respectively by the United States of America (if and when that Government is willing to participate), the British Empire, France, Italy, Japan, Russia (if and when Russia becomes a member of the League of Nations), Greece, Roumania, and Bulgaria and Turkey (if and when the two latter States become members of the League of Nations). Each Power shall appoint one representative. The representatives of the United States of America, the British Empire, France, Italy, Japan and Russia shall each have two votes. The representatives of Greece, Roumania, and Bulgaria and Turkey shall each have one vote. Each Commissioner shall be removable only by the Government which appointed him.


ARTICLE 41.


The Commissioners shall enjoy, within the limits specified in Article 39, diplomatic privileges and immunities.


ARTICLE 42.


The Commission will exercise the powers conferred on it by the present Treaty in complete independence of the local author ity. It will have its own flag, its own budget and its separate organisation.


ARTICLE 43.


Within the limits of its jurisdiction as laid down in Article 39 the Commission will be charged with the following duties:


(a) the execution of any works considered necessary for the improvement of the channels or the approaches to harbours;

(b) the lighting and buoying of the channels;

(c) the control of pilotage and towage;

(d) the control of anchorages;

(e) the control necessary to assure the application in the ports

of Constantinople and Haidar Pasha of the regime prescribed in Articles 335 to 344, Part XI (Ports, Waterways and Railways) of the present Treaty;

(f) the control of all matters relating to wrecks and salvage;

(g) the control of lighterage;


ARTICLE 44.


In the event of the Commission finding that the liberty of passage is being interfered with, it will inform the representatives at Constantinople of the Allied Powers providing the occupying forces provided for in Article 178. These representatives will thereupon concert with the naval and military commanders of the said forces such measures as may be deemed necessary to preserve the freedom of the Straits. Similar action shall be taken by the said representatives in the event of any external action threatening the liberty of passage of the Straits.


ARTICLE 45.


For the purpose of the acquisition of any property or the execution of any permanent works which may be required, the Commission shall be entitled to raise such loans as it may consider necessary. These loans will be secured, so far as possible, on the dues to be levied on the shipping using the Straits, as provided in Article 53.


ARTICLE 46.


The functions previously exercised by the Constantinople Superior Council of Health and the Turkish Sanitary Administration which was directed by the said Council, and the functions exercised by the National Life-boat Service of the Bosphorus will within the limits specified in Article 39 be discharged under the control of the Commission and in such manner as it may direct.


The Commission will co-operate in the execution of any common policy adopted by the League of Nations for preventing and combating disease.


ARTICLE 47.


Subject to the general powers of control conferred upon the Commission, the rights of any persons or companies now holding concessions relating to lighthouses, docks, quays or similar matters shall be maintained; but the Commission shall be entitled if it thinks it necessary in the general interest to buy out or modify such rights upon the conditions laid down in Article 311 Part IX (Economic Clauses) of the present Treaty, or itself to take up a new concession.


ARTICLE 48.


In order to facilitate the execution of the duties with which it is entrusted by this Section, the Commission shall have power to organise such a force of special police as may be necessary. This force shall be drawn so far as possible from the native population of the zone of the Straits and islands referred to in Article 178, Part V (Military, Naval and Air Clauses), excluding the islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene. The said force shall be commanded by foreign police officers appointed by the Commission.


ARTICLE 49.


In the portion of the zone of the Straits, including the islands of the Sea of Marmora, which remains Turkish, and pending the coming into force of the reform of the Turkish judicial system provided for in Article I36, all infringements of the regulations and by-laws made by the Commission, committed by nationals of capitulatory Powers, shall be dealt with by the Consular Courts of the said Powers. The Allied Powers agree to make such infringements justiciable before their Consular Courts or authorities. Infringements committed by Turkish nationals or nationals of non-capitulatory Powers shall be dealt with by the competent Turkish judicial authorities.


In the portion of the said zone placed under Greek sovereignty such infringements will be dealt with by the competent Greek judicial authorities.


ARTICLE 50.


The officers or members of the crew of any merchant vessel vwithin the limits of the jurisdiction of the Commission who may be arrested on shore for any offence committed either ashore or afloat within the limits of the said jurisdiction shall be brought before the competent judicial authority by the Commission's police. If the accused was arrested otherwise than by the Commission's police he shall immediately be handed over to them.


ARTICLE 51 .


The Commission shall appoint such subordinate officers or officials as may be found indispensable to assist it in carrying out the duties with which it is charged.


ARTICLE 52.


In all matters relating to the navigation of the waters within the limits of the jurisdiction of the Commission all the ships referred to in Article 37 shall be treated upon a footing of absolute equality.


ARTICLE 53.


Subject to the provisions of Article 47 the existing rights under which dues and charges can be levied for various purposes, whether direct by the Turkish Government or by international bodies or private companies, on ships or cargoes within the limits of the jurisdiction of the Commission shall be transferred to the Commisssion The Commission shall fix these dues and charges at such amounts only as may be reasonably necessary to cover the cost of the works executed and the services rendered to shipping, including the general costs and expenses of the administration of the Commission, and the salaries and pay provided for in paragraph 3 of the Annex to this Section.


For these purposes only and with the prior consent of the Council of the League of Nations the Commission may also establish dues and charges other than those now existing and fix their amounts.


ARTICLE 54.


All dues and charges imposed by the Commission shall be levied without any discrimination and on a footing of absolute equality between all vessels, whatever their port of origin, destination or departure, their flag or ownership, or the nationality or ownership of their cargoes.


This disposition does not affect the right of the Commission to fix in accordance with tonnage the dues provided for by this Section.


ARTICLE 55.


The Turkish and Greek Governments respectively undertake to facilitate the acquisition by the Commission of such land and buildings as the Commission shall consider it necessary to acquire in order to carry out effectively the duties with which it is entrusted.


ARTICLE 56.


Ships of war in transit through the waters specified in Article 39 shall conform in all respects to the regulations issued by the Commission for the observance of the ordinary rules of navigation and of sanitary requirements.


ARTICLE 57.


(1) Belligerent warships shall not revictual nor take in stores except so far as may be strictly necessary to enable them to complete the passage of the Straits and to reach the nearest port where they can call, nor shall they replenish or increase their supplies of war material or their armament or complete their crews, within the waters under the control of the Commission. Only such repairs as are absolutely necessary to render them seaworthy shall be carried out, and they shall not add in any manner whatever to their fighting force. The Commission shall decide what repairs are necessary, and these must be carried out with the least possible delay.


(2) The passage of belligerent warships through the waters under the control of the Commission shall be effected with the least possible delay, and without any other interruption than that resulting from the necessities of the service.


(3) The stay of such warships at ports within the jurisdiction of the Commission shall not exceed twenty-four hours except in case of distress. In such case they shall be bound to leave as soon as possible. An interval of at least twenty-four hours shall always elapse between the sailing of a belligerent ship from the waters under the control of the Commission and the departure of a ship belonging to an opposing belligerent.


(4) Any further regulations affecting in time of war the waters under the control of the Commission, and relating in particular to the passage of war material and contraband destined for the enemies of Turkey, or revictualling, taking in stores or carrying out repairs in the said waters, will be laid down by the League of Nations.


ARTICLE 58.


Prizes shall in all respects be subjected to the same conditions as belligerent vessels of war.


ARTICLE 59.


No belligerent shall embark or disembark troops, munitions of war or warlike materials in the waters under the control of the Commission, except in case of accidental hindrance of the passage, and in such cases the passage shall be resumed with all possible despatch.


ARTICLE 60.


Nothing in Articles 57, 58 or 59 shall be deemed to limit the powers of a belligerent or belligerents acting in pursuance of a decision by the Council of the League of Nations.


ARTICLE 61.


Any differences which may arise between the Powers as to the interpretation or execution of the provisions of this Section, and as regards Constantinople and Haidar Pasha of the provisions of Articles 335 to 344, Part Xl (Ports, Waterways, and Railways) shall be referred to the Commission. In the event of the decision of the Commission not being accepted by any Power, the question shall, on the demand of any Power concerned, be settled as provided by the League of Nations, pending whose decision the ruling of the Commission will be carried out.


ANNEX


1.


The Chairmanship of the Commission of the Straits shall be rotatory for the period of two years among the members of the Commission entitled to two votes.


The Commission shall take decisions by a majority vote and the Chairman shall have a casting vote. Abstention shall be regarded as a vote against the proposal under discussion.


Each of the Commissioners will have the right to designate a deputy Commissioner to replace him in his absence.

2


The salary of each member of the Commission will be paid by the Government which appointed him; these salaries will be fixed at reasonable amounts agreed upon from time to time between the Governments represented on the Commission.


3


The salaries of the police officers referred to in Article 48, of such other officials and officers as may be appointed under Article 51, and the pay of the local police referred to in Article 48, shall be paid out of the receipts from the dues and charges levied on shipping.


The Commission shall frame regulations as to the terms and condltions of employment of all officers and officials appointed


4


The Commission shall have at its disposal such vessels as may be necessary to enable it to carry out its functions as laid down in this Section and Annex.


5


In order to carry out all the duties with which it is charged by the provisions of this Section and Annex and within the limits therein laid down the Commission will have the power to prepare, issue and enforce the necessary regulations; this power will include the right of amending so far as may be necessary or repealing the existing regulations.


6.


The Commission shall frame regulations as to the manner in which the accounts of all revenues and expenditure of the funds under its control shall be kept, the auditing of such accounts and the publication every year of a full and accurate report thereof.


SECTION III.
KURDISTAN.
ARTICLE 62.


A Commission sitting at Constantinople and composed of three members appointed by the British, French and Italian Governments respectively shall draft within six months from the coming into force of the present Treaty a scheme of local autonomy for the predominantly Kurdish areas lying east of the Euphrates, south of the southern boundary of Armenia as it may be hereafter determined, and north of the frontier of Turkey with Syria and Mesopotamia, as defined in Article 27, II (2) and (3). If unanimity cannot be secured on any question, it will be referred by the members of the Commission to their respective Governments. The scheme shall contain full safeguards for the protection of the Assyro-Chaldeans and other racial or religious minorities within these areas, and with this object a Commission composed of British, French, Italian, Persian and Kurdish representatives shall visit the spot to examine and decide what rectifications, if any, should be made in the Turkish frontier where, under the provisions of the present Treaty, that frontier coincides with that of Persia.


ARTICLE 63.


The Turkish Government hereby agrees to accept and execute the decisions of both the Commissions mentioned in Article 62 within three months from their communication to the said Government.


ARTICLE 64.


If within one year from the coming into force of the present Treaty the Kurdish peoples within the areas defined in Article 62 shall address themselves to the Council of the League of Nations in such a manner as to show that a majority of the population of these areas desires independence from Turkey, and if the Council then considers that these peoples are capable of such independence and recommends that it should be granted to them, Turkey hereby agrees to execute such a recommendation, and to renounce all rights and title over these areas.


The detailed provisions for such renunciation will form the subject of a separate agreement between the Principal Allied Powers and Turkey.


If and when such renunciation takes place, no objection will be raised by the Principal Allied Powers to the voluntary adhesion to such an independent Kurdish State of the Kurds inhabiting that part of Kurdistan which has hitherto been included in the Mosul vilayet.


SECTION IV.
SMYRNA.
ARTICLE 65.


The provisions of this Section will apply to the city of Smyrna and the adjacent territory defined in Article 66, until the determination of their final status in accordance with Article 83.


ARTICLE 66.


The geographical limits of the territory adjacent to the city of Smyrna will be laid down as follows:


From the mouth of the river which flows into the Aegean Sea about 5 kilometres north of Skalanova, eastwards,

the course of this river upstream;

then south-eastwards, the course of the southern branch of this river;

then south-eastwards, to the western point of the crest of the Gumush Dagh;

A line to be fixed on the ground passing west of Chinar K, and east of Akche Ova;

thence north-eastwards, this crest line;

thence northwards to a point to be chosen on the railway from Ayasoluk to Deirmendik about 1 kilometre west of Balachik station,

a line to be fixed on the ground leaving the road and railway from Sokia to Balachik station entirely in Turkish territory;

thence northwards to a point to be chosen on the southern boundary of the Sandjak of Smyrna,

a line to be fixed on the ground;
thence to a point to be chosen in the neighbourhood of Bos Dagh situated about 15 kilometres north-east of Odemish,
the southern and eastern boundary of the Sandjak of Smyrna;
thence northwards to a point to be chosen on the railway from Manisa to Alashehr about 6 kilometres west of Salihli,
a line to be fixed on the ground;

thence northwards to Geurenez Dagh,
a line to be fixed on the ground passing east of Mermer Geul west of Kemer, crossing the Kum Chai approximately south of Akshalan, and then following the watershed west of Kavakalan;

thence north-westwards to a point to be chosen on the boundary between the Cazas of Kirkagach and Ak Hissar about 18 kilometres east of Kirkagach and 20 kilometres north of Ak Hissar,

a line to be fixed on the ground;
thence westwards to its junction with the boundary of the Caza of Soma,

the southern boundary of the Caza of Kirkagach,
thence westwards to its junction with the boundary of the Sandjak of Smyrna,
the southern boundary of the Caza of Soma;

thence northwards to its junction with the boundary of the vilayet of Smyrna,

the north-eastern boundary of the Sandjak of Smyrna;
thence westwards to a point to be chosen in the neighbourhood

of Charpajik (Tepe).

the northern boundary of the vilayet of Smyrna;
thence northwards to a point to be chosen on the ground about 4 kilometres southwest of Keuiluje,

a line to be fixed on the ground;

thence westwards to a point to be selected on the ground between Cape Dahlina and Kemer Iskele,

a line to be fixed on the ground passing south of Kemer and Kemer Iskele together with the road joining these places.


ARTICLE 67.


A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the boundaries of the territories described in Article 66. This Commission shall be composed of three members nominated by the British, French and Italian Governments respectively, one member nominated by the Greek Government, and one nominated by the Turkish Government.


ARTICLE 68.


Subject to the provisions of this Section, the city of Smyrna and the territory defined in Article 66 will be assimilated, in the application of the present Treaty, to territory detached from Turkey.


ARTICLE 69


The city of Smyrna and the territory defined in Article 66 remain under Turkish sovereignty. Turkey, however, transfers to the Greek Government the exercise of her rights of sovereignty over the city of Smyrna and the said territory. In witness of such sovereignty the Turkish flag shall remain permanently hoisted over an outer fort in the town of Smyrna. The fort will be designated by the Principal Allied Powers.


ARTICLE 70.


The Greek Government will be responsible for the administration of the city of Smyrna and the territory defined in Article 66, and will effect this administration by means of a body of officials which it will appoint specially for the purpose.


ARTICLE 71.


The Greek Government shall be entitled to maintain in the city of Smyrna and the territory defined in Article 66 the military forces required for the maintenance of order and public security.


ARTICLE 72.


A local parliament shall be set up with an electoral system calculated to ensure proportional representation of all sections of the population, including racial, linguistic and religious minorities. Within six months from the coming into force of the present Treaty the Greek Government shall submit to the Council of the League of Nations a scheme for an electoral system complying with the above requirements; this scheme shall not come into force until approved by a majority of the Council.


The Greek Government shall be entitled to postpone the elections for so long as may be required for the return of the inhabitants who have been banished or deported by the Turkish authorities, but such postponement shall not exceed a period of one year from the coming into force of the present Treaty.


ARTICLE 73.


The relations between the Greek administration and the local parliament shall be determined by the said administration in accordance with the principles of the Greek Constitution.


ARTICLE 74.


Compulsory military service shall not be enforced in the city of Smyrna and the territory defined in Article 66 pending the final determination of their status in accordance with Article 83.


ARTICLE 75.


The provisions of the separate Treaty referred to in Article 86 relating to the protection of racial, linguistic and religious minorities, and to freedom of commerce and transit, shall be applicable to the city of Smyrna and the territory defined in Article 66.


ARTICLE 76.


The Greek Government may establish a Customs boundary along the frontier line defined in Article 66, and may incorporate the city of Smyrna and the territory defined in the said Article in the Greek customs system.


ARTICLE 77.


The Greek Government engages to take no measures which would have the effect of depreciating the existing Turkish currency, which shall retain its character as legal tender pending the determination, in accordance with the provisions of Article 83, of the final status of the territory.


ARTICLE 78.


The provisions of Part XI (Ports, Waterways and Railways) relating to the regime of ports of international interest, free ports and transit shall be applicable to the city of Smyrna and the territory defined in Article 66.


ARTICLE 79.


As regards nationality, such inhabitants of the city of Smyrna and the territory defined in Article 66 as are of Turkish nationality and cannot claim any other nationality under the terms of the present Treaty shall be treated on exactly the same footing as Greek nationals. Greece shall provide for their diplomatic and consular protection abroad.


ARTICLE 80.


The provisions of Article 24I, Part VIII (Financial Clauses) will apply in the case of the city of Smyrna and the territory defined in Article 66.


The provisions of Article 293, Part IX (Economic Clauses) will not be applicable in the case of the said city and territory.


ARTICLE 8I.


Until the determination, in accordance with the provisions of Article 83, of the final status of Smyrna and the territory defined in Article 66, the rights to exploit the salt marshes of Phocea belonging to the Administration of the Ottoman Public Debt, including all plant and machinery and materials for transport by land or sea, shall not be altered or interfered with. No tax or charge shall be imposed during this period on the manufacture, exportation or transport of salt produced from these marshes. The Greek administration will have the right to regulate and tax the consumption of salt at Symrna and within the territory defined in Article 66.


If after the expiration of the period referred to in the preceding paragraph Greece considers it opportuhe to effect changes in the provisions above set forth, the salt marshes of Phocea will be treated as a concession and the guarantees provided by Article 312, Part IX (Economic Clauses) will apply, subject, however, to the provisions of Article 246, Part VIII (Financial Clauses) of the present Treaty.


ARTICLE 82.


Subsequent agreements will decide all questions which are not decided by the present Treaty and which may arise from the execution of the provisions of this Section.


ARTICLE 83.


When a period of five years shall have elapsed after the coming into force of the present Treaty the local parliament referred to in Article 72 may, by a majority of votes, ask the Council of the League of Nations for the definitive incorporation in the King dom of Greece of the city of Smyrna and the territory defined in Article 66. The Council may require, as a preliminary, a plebiscite under conditions which it will lay down.


In the event of such incorporation as a result of the application of the foregoing paragraph, the Turkish sovereignty referred to in Article 69 shall cease. Turkey hereby renounces in that event in favour of Greece all rights and title over the city of Smyrna and the territory defined in Article 66.


SECTION V.

GREECE.

ARTICLE 84.


Without prejudice to the frontiers of Bulgaria laid down by the Treaty of Peace signed at Neuilly-sur-Seine on November 27, 1919, Turkey renounces in favour of Greece all rights and title over the territories of the former Turkish Empire in Europe situated outside the frontiers of Turkey as laid down by the present Treaty.


The islands of the Sea of Marmora are not included in the transfer of sovereignty effected by the above paragraph.


Turkey further renounces in favour of Greece all her rights and title over the islands of Imbros and Tenedos. The decision taken by the Conference of Ambassadors at London in execution of Articles 5 of the Treaty of London of May 17-30, 1913, and 15 of the Treaty of Athens of November 1-14, 1913, and notified to the Greek Govermnent on February 13, 1914, relating to the sovereignty of Greece over the other islands of the Eastern Mediterranean, particularly Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is confirmed, without prejudice to the provisions of the present Treaty relating to the islands placed under the sovereignty of Italy and referred to in Article 122, and to the islands lying less than three miles fron the coast of Asia.


Nevertheless, in the portion of the zone of the Straits and the islands, referred to in Article 178, which under the present Treaty are placed under Greek sovereignty, Greece accepts and undertakes to observe, failing any contrary stipulation in the present Treaty, all the obligations which, in order to assure the freedom of the Straits, are imposed by the present Treaty on Turkey in that portion of the said zone, including the islands of the Sea of Marmora, which remains under Turkish sovereignty.


ARTICLE 85.


A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27, 1 (2). This Commission shall be composed of four members nominated by the Principal Allied Powers, one member nominated by Greece, and one member nominated by Turkey.


ARTICLE 86.


Greece accepts and agrees to embody in a separate Treaty such provisions as may be deemed necessary, particularly as regards Adrianople, to protect the interests of inhabitants of that State who differ from the majority of the population in race, language or religion.


Greece further accepts and agrees to embody in a separate Treaty such provisions as may be deemed necessary to protect freedom of transit and equitable treatment for the commerce of other nations.


ARTICLE 87.


The proportion and nature of the financial obligations of Turkey which Greece will have to assume on account of the territory placed under her sovereignty will be determined in accordance with Articles 241 to 244, Part VIII (Financial Clauses) of the present Treaty.


Subsequent agreements will decide all questions which are not decided by the present Treaty and which may arise in consequence of the transfer of the said territories.


SECTION VI.


ARMENIA.

ARTICLE 88.


Turkey, in accordance with the action already taken by the Allied Powers, hereby recognises Armenia as a free and independent State.


ARTICLE 89.


Turkey and Armenia as well as the other High Contracting Parties agree to submit to the arbitration of the President of the United States of America the question of the frontier to be fixed between Turkey and Armenia in the vilayets of Erzerum, Trebizond, Van and Bitlis, and to accept his decision thereupon, as well as any stipulations he may prescribe as to access for Armenia to the sea, and as to the demilitarisation of any portion of Turkish territory adjacent to the said frontier.


ARTICLE 90.


In the event of the determination of the frontier under Article 89 involving the transfer of the whole or any part of the territory of the said Vilayets to Armenia, Turkey hereby renounces as from the date of such decision all rights and title over the territory so transferred. The provisions of the present Treaty applicable to territory detached from Turkey shall thereupon become applicable to the said territory.


The proportion and nature of the financial obligations of Turkey which Armenia will have to assume, or of the rights which will pass to her, on account of the transfer of the said territory will be determined in accordance with Articles 241 to 244, Part VIII (Financial Clauses) of the present Treaty.


Subsequent agreements will, if necessary, decide all questions which are not decided by the present Treaty and which may arise in consequence of the transfer of the said territory.


ARTICLE 91.


In the event of any portion of the territory referred to in Article 89 being transferred to Armenia, a Boundary Commission, whose composition will be determined subsequently, will be constituted within three months from the delivery of the decision referred to in the said Article to trace on the spot the frontier between Armenia and Turkey as established by such decision.


ARTICLE 92.


The frontiers between Armenia and Azerbaijan and Georgia respectively will be determined by direct agreement between the States concerned.


If in either case the States concerned have failed to determine the frontier by agreement at the date of the decision referred to in Article 89, the frontier line in question will be determined by the Pricipal Allied Powers, who will also provide for its being traced on the spot.


ARTICLE 93.


Armenia accepts and agrees to embody in a Treaty with the Principal Allied Powers such provisions as may be deemed necessary by these Powers to protect the interests of inhabitants of that State who differ from the majority of the population in race, language, or religion.


Armenia further accepts and agrees to embody in a Treaty with the Principal Allied Powers such provisions as these Powers may deem necessary to protect freedom of transit and equitable treatment for the commerce of other nations.


SECTION VII.
SYRIA, MESOPOTAMIA, PALESTINE.
ARTICLE 94.


The High Contracting Parties agree that Syria and Mesopotamia shall, in accordance with the fourth paragraph of Article 22.


Part I (Covenant of the League of Nations), be provisionally recognised as independent States subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.


A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27, II (2) and (3). This Commission will be composed of three members nominated by France, Great Britain and Italy respectively, and one member nominated by Turkey; it will be assisted by a representative of Syria for the Syrian frontier, and by a representative of Mesopotamia for the Mesopotamian frontier.


The determination of the other frontiers of the said States, and the selection of the Mandatories, will be made by the Principal Allied Powers.


ARTICLE 95.


The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.


The Mandatory undertakes to appoint as soon as possible a special Commission to study and regulate all questions and claims relating to the different religious communities. In the composition of this Commission the religious interests concerned will be taken into account. The Chairman of the Commission will be appointed by the Council of the League of Nations.


ARTICLE 96.


The terms of the mandates in respect of the above territories will be formulated by the Principal Allied Powers and submitted to the Council of the League of Nations for approval.


ARTICLE 97.


Turkey hereby undertakes, in accordance with the provisions of Article 132, to accept any decisions which may be taken in relation to the questions dealt with in this Section.


SECTION VIII.
HEDJAZ.
ARTICLE 98.


Turkey, in accordance with the action already taken by the Allied Powers, hereby recognises the Hedjaz as a free and indepedent State, and renounces in favour of the Hedjaz all rights and titles over the territories of the former Turkish Empire situated outside the frontiers of Turkey as laid down by the present Treaty, and comprised within the boundaries which may ultimately be fixed.


ARTICLE 99.


In view of the sacred character attributed by Moslems of all countries to the cities and the Holy Places of Mecca and Medina His Majesty the King of the Hedjaz undertakes to assure free and easy access thereto to Moslems of every country who desire to go there on pilgrimage or for any other religious object, and to respect and ensure respect for the pious foundations which are or may be established there by Moslems of any countries in accordance with the precepts of the law of the Koran.


ARTICLE 100.


His Majesty the King of the Hedjaz undertakes that in commercial matters the most complete equality of treatment shall be assured in the territory of the Hedjaz to the persons, ships and goods of nationals of any of the Allied Powers, or of any of the new States set up in the territories of the former Turkish Empire, as well as to the persons, ships and goods of nationals of States, Members of the League of Nations.


SECTION IX.

EGYPT, SOUDAN, CYPRUS.
I. EGYPT.
ARTICLE 101.


Turkey renounces all rights and title in or over Egypt. This renunciation shall take effect as from November 5, 1914. Turkey declares that in conformity with the action taken by the Allied Powers she recognises the Protectorate proclaimed over Egypt by Great Britain on December 18, 1914.


ARTICLE 102.


Turkish subjects habitually resident in Egypt on December 18, 1914, will acquire Egyptian nationality ipso facto and will lose their Turkish nationality, except that if at that date such persons were temporarily absent from, and have not since returned to, Egypt they will not acquire Egyptian nationality without a special authorisation from the Egyptian Government.


ARTICLE 103.


Turkish subjects who became resident in Egypt after December 18, 1914, and are habitually resident there at the date of the coming into force of the present Treaty may, subject to the conditions prescribed in Article 105 for the right of option, claim Egyptian nationality, but such claim may in individual cases be refused by the competent Egyptian authority.


ARTICLE 104.


For all purposes connected with the present Treaty, Egypt and Egyptian nationals, their goods and vessels, shall be treated on the same footing, as from August I, 1914, as the Allied Powers, their nationals, goods and vessels, and provisions in respect of territory under Turkish sovereignty, or of territory detached from Turkey in accordance with the present Treaty, shall not apply to Egypt.


ARTICLE I05.


Within a period of one year after the coming into force of the present Treaty persons over eighteen years of age acquiring Egyptian nationality under the provisions of Article 102 will be entitled to opt for Turkish nationality. In case such persons, or those who under Article 103 are entitled to claim Egyptian nationality, differ in race from the majority of the population of Egypt, they will within the same period be entitled to opt for the nationality of any State in favour of which territory is detached from Turkey, if the majority of the population of that State is of the same race as the person exercising the right to opt.


Option by a husband covers a wife and option by parents covers their children under eighteen years of age.


Persons who have exercised the above right to opt must, except where authorised to continue to reside in Egypt, transfer within the ensuing twelve months their place of residence to the State for which they have opted. They will be entitled to retain their immovable property in Egypt, and may carry with them their movable property of every description. No export or import duties or charges may be imposed upon them in connection with the removal of such property.


ARTICLE 106.

The Egyptian Government shall have complete liberty of action in regulating the status of Turkish subjects in Egypt and the conditions under which they may establish themselves in the territory.


ARTICLE 107.


Egyptian nationals shall be entitled, when abroad, to British diplonlatic and consular protection.


ARTICLE 108.


Egyptian goods entering Turkey shall enjoy the treatment accorded to British goods.


ARTICLE 109.


Turkey renounces in favour of Great Britain the powers conferred upon His Imperial Majesty the Sultan by the Convention signed at Constantinople on October 29, 1888, relating to the free navigation of the Suez Canal.


ARTICLE 110.


All property and possessions in Egypt belonging to the Turkish Government pass to the Egyptian Government without payment.


ARTICLE 111 .


All movable and immovable property in Egypt belonging to Turkish nationals (who do not acquire Egyptian nationality) shall be dealt with in aecordance with the provisions of Part IX (Economie Clauses) of the present Treaty.


ARTICLE 112.


Turkey renounces all claim to the tribute formerly paid by Egypt.


Great Britain undertakes to relieve Turkey of all liability in respect of the Turkish loans secured on the Egyptian tribute.


These loans are:


The guaranteed loan of 1855;

The loan of 1894 representing the converted loans of 1854 and 1871;
The loan of 1891 representing the converted loan of 1877.


The sums which the Khedives of Egypt have from time to time undertaken to pay over to the houses by which these loans were issued will be applied as heretofore to the interest and the sinking funds of the loans of 1894 and 1891 until the final extinction of those loans. The Government of Egypt will also continue to apply the sum hitherto paid towards the interest on the guaranteed loan of 1855.


Upon the extinction of these loans of 1894, 1891 and 1855, all liability on the part of the Egyptian Government arising out of the tribute formerly paid by Egypt to Turkey will cease.


2. SOUDAN.

ARTICLE 113.


The High Contracting Parties declare and place on record that they have taken note of the Convention between the British Government and the Egyptian Government defining the status and regulating the administration of the Soudan, signed on January I9, I899, as amended by the supplementary Convention relating to the town of Suakin signed on July 10, 1899.


ARTICLE 114.


Soudanese shall be entitled when in foreign countries to British diplomatic and consular protection.


3. CYPRUS

ARTICLE 115.


The High Contracting Parties recognise the annexation of Cyprus proclaimed by the British Government on November 5, 1914.


ARTICLE 116.


Turkey renounces all rights and title over or relating to Cyprus, including the right to the tribute formerly paid by that island to the Sultan.


ARTICLE 117.


Turkish nationals born or habitually resident in Cyprus will acquire British nationality and lose their Turkish nationality, subject to the conditions laid down in the local law.



SECTION X.

MOROCCO, TUNIS.

ARTICLE 118.


Turkey recognises the French Protectorate in Morocco, and accepts all the consequences thereof. This recognition shall take effect as from March 30, 1912.


ARTICLE 119.


Moroccan goods entering Turkey shall be subject to the same treatment as French goods.


ARTICLE 120.


Turkey recognises the French Protectorate over Tunis and accepts all the consequences thereof. This recognition shall take effect as from May 12, 1881.


Tunisian goods entering Turkey shall be subject to the same treatment as French goods.


SECTION XI.

LIBYA, AEGEAN ISLANDS.

ARTICLE 121.


Turkey definitely renounces all rights and privileges which under the Treaty of Lausanne of October 18, 1912, were left to the Sultan in Libya.


ARTICLE 122.


Turkey renounces in favour of Italy all rights and title over the following islands of the Aegean Sea; Stampalia (Astropalia), Rhodes (Rhodos), Calki (Kharki), Scarpanto, Casos (Casso) Pscopis (Tilos), Misiros (Nisyros), Calymnos (Kalymnos) Leros, Patmos, Lipsos (Lipso), Sini (Symi), and Cos (Kos), which are now occupied by Italy, and the islets dependent thereon, and also over the island of Castellorizzo.


SECTION Xll.

NATIONALITY.

ARTICLE 123.


Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.


ARTICLE 124.


Persons over eighteen years of age losing their Turkish nationality and obtaining ipso facto a new nationality under Article 123 shall be entitled within a period of one year from the coming into force of the present Treaty to opt for Turkish nationality.


ARTICLE 125.


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 one year from the coming into force of the present Treaty be entitled to opt for Armenia, Azerbaijan, Georgia, Greece, the Hedjaz, Mesopotamia, Syria, Bulgaria or Turkey, if the majority of the population of the State selected is of the same race as the person exercising the right to opt.


ARTICLE 126.


Persons who have exercised the right to opt in accordance with the provisions of Articles 124 or 125 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 127.


The High Contracting Parties 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 Allied Powers, or any of them, with Russia, or between any of the Allied Powers themselves, to choose any other nationality which may be open to them.


In particular, Turkey undertakes to facilitate by every means in her power the voluntary emigration of persons desiring to avail themselves of the right to opt provided by Article 125, and to carry out any measures which may be prescribed with this object by the Council of the League of Nations.


ARTICLE 128.


Turkey undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of t
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ANNEX I:

THE OTTOMAN PRE-WAR PUBLIC DEBT. (NOVEMBER 5, 1914)

ANNEX I I .


1.

The Commission shall establish its own rules and procedure.


The Chairmanship shall be held annually by the French, British and Italian Delegates in turn.


Each member shall have the right to nominate a deputy to act for him in his absence.


Decisions shall be taken by the vote of the majority. Abstention from voting will be treated as a vote against the proposal under discussion.


The Commission shall appoint such agents and employees as it may deem necessary for its work, with such emoluments and conditions of service as it may think fit.


The costs and expenses of the Commission shall be paid by Turkey, in conformity with the provisions of Article 236 (i.).


The salaries of the members of the Commission, as well as those of its officials, shall be fixed on a reasonable scale by agreement from time to time between the Governments represented on the Commission.


The members of the Commission shall enjoy the same rights and immunities as are enjoyed in Turkey by duly accredited diplomatic agents of friendly Powers.


2.

Turkey undertakes to grant to the members, officials and agents of the Commission full powers to visit and inspect at all reasonable times any place, public works, or undertakings in Turkey, and to furnish to the said Commission all records, documents and information which it may require.


3.

The Commission shall be entitled to assume, in agreement with the Turkish Government and independently of any default of the latter in fulfilling its obligations, the control, management and collection of all indirect taxes.


4.

No member of the Commission shall be responsible, except to the Government appointing him, for any action or omission in the performance of his duties. No one of the Allied Governments assumes any responsisility in respect of any other Government.


5.

The Commission shall publish annually detailed reports on its work, its methods and its proposals for the financial reorganisation of Turkey, as well as regarding its accounts for the period.


6.

The Commission shall also take over any other duties which may be assigned to it under the present Treaty or with the assent of the Turkish Government.


PART IX.


ECONOMIC CLAUSES.


SECTION I.


COMMERCIAL RELATIONS.


ARTICLE 261 .


The capitulatory regime resulting from treaties, conventions or usage shall be re-established in favour of the Allied Powers which directly or indirectly enjoyed the benefit thereof before August 1, 1914, and shall be extended to the Allied Powers which did not enjoy the benefit thereof on that date.


ARTICLE 262.


The Allied Powers who had post-offices in the former Turkish Empire before August 1, 1914, will be entitled to re-establish post-offices in Turkey.


ARTICLE 263.


The Convention of April 25, 1907, so far as it relates to the rate of import duties in Turkey, shall be re-established in force in favour of all the Allied Powers.


Nevertheless the Financial Commission established in accordance with Article 231, Part VIII (Financial Clauses) of the present Treaty may at any time authorise a modification of these import duties, or the imposition of consumption duties, provided that any duties so modified or imposed shall be applied equally to goods of whatever ownership or origin.


No modification of existing duties or imposition of new duties authorised by the Financial Commission by virtue of this Article shall take effect until after a period of six months from its notification to all the Allied Powers. During this period the Commission shall consider any observations relative thereto which may be formulated by any Allied Power.


ARTICLE 264.


Subject to any rights and exemptions resulting from concession contracts made before August 1, 1914, the Financial Commission shall be entitled to authorise the application by Turkey, in the conditions of equality laid down in Article 263, to the persons or property of the nationals of the Allied Powers of any taxes or duties which shall similarly be imposed on Turkish subjects in the interests of the economic stability and good government of Turkey.


The Financial Commission shall also be entitled to authorise the application, in the same interests and in the same conditions to the nationals of the Allied Powers of any prohibitions on import or export.


No such tax, duty or prohibition shall take effect until after a period of six months from its notification to all the Allied Powers. During this period the Commission shall consider any observations relative thereto that may be formulated by any Allied Power.


ARTICLE 265.


In the case of vessels of the Allied Powers all classes of certificates or documents relating to the vessel which were recognised as valid by Turkey before the war, or which may hereafter be recognised as valid by the principal maritime States, shall be recognised by Turkey as valid and as equivalent to the corresponding certificates issued to Turkish vessels.


A similar recognition shall be accorded to the certificates and documents issued to their vessels by the Governments of new States, whether they have a sea-coast or not, provided that such certificates and documents shall be issued in conformity with the general practice observed in the principal maritime States.


The High Contracting Parties agree to recognise the flag flown by the vessels of an Allied Power or a new State having no sea-coast which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such vessels.


ARTICLE 266.


Turkey undertakes to adopt all the necessary legislative and administrative measures to protect goods the produce or manufacture of any one of the Allied Powers or new States from all forms of unfair competition in commercial transactions.


Turkey undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices or descriptions whatsoever which are calculated to convey directly or indirectly a false indication of the origin, type, nature or special characteristics of such goods.


ARTICLE 267.


Turkey undertakes, on condition that reciprocity is accorded in these matters, to respect any law, or any administrative or judicial decision given in conformity with such law, in force in any Allied State or new State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in respect of wine or spirits produced in the State to which the region belongs, or the conditions under which the use of any such appellation may be permitted; and the importation, exportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations inconsistent with such law or order shall be prohibited by Turkey and repressed by the measures prescribed in Article 266.


ARTICLE 268.


If the Turkish Government engages in international trade, it shall not in respect thereof have or be deemed to have any rights, privileges or immunities of sovereignty.


SECTION II.

TREATIES.

ARTICLE 269.


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 and in the subsequent Articles shall alone be applied as between Turkey and those of the Allied Powers party thereto:


(1) 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 an International Office of Public Hygiene at Paris.


(4) Convention of June 7, 1995, regarding the creation of an International Agricultural Institute at Rome.


(5) Convention of June 27, 1855, relating to the Turkish Loan.


(6) Convention of July I6, 1863, for the redemption of the toll dues on the Scheldt.


(7) Convention of October 29, I888, regarding the establishment of a definite arrangement guaranteeing the free use of the Suez Canal.


ARTICLE 270.


From the coming into force of the present Treaty, the High Contracting Parties shall apply the conventions and agreements hereinafter mentioned, in so far as concerns them, on condition that the special stipulations contained in this Article are fulfilled by Turkey.


Postal Conventions:


Conventions and Agreements of the Universal Postal Union concluded at Vienna on July 4, 1891.


Conventions and Agreements of the Postal Union signed at Washington on June 15, 1897.


Conventions and Agreements of the Postal Union signed at Rome on May 26, 1906.


Telegraphic Conventions:


International Telegraphic Conventions signed at St. Petersburg on July 10/22, 1875.


Regulations and Tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908.


Turkey undertakes not to refuse her consent to the conclusion by new States of the special arrangements referred to in the Conventions and Agreements relating to the Universal Postal Union and to the International Telegraphic Union, to which the said new States have adhered or may adhere.


ARTICLE 271.


From the coming into force of the present Treaty the High Contracting Parties shall apply, in so far as concerns them, the International Radio-Telegraphic Convention of July 5, 1912, on condition that Turkey fulfils the provisional regulations which will be indicated to her by the Allied Powers.


If within five years after the coming into force of the present Treaty a new convention regulating international radio-telegraphic communications should have been concluded to take the place of the Convention of July 5, 1912, this new convention shall bind Turkey, even if Turkey should refuse either to take part in drawing up the convention or to subscribe thereto.


This new convention will likewise replace the provisional regulations in force.


ARTICLE 272.


Turkey undertakes:


(1) Within a period of twelve months from the coming into force of the present Treaty to adhere in the prescribed form to the International Convention of Paris of March 20, 1883, for the protection of industrial property, revised at Washington on June 2, I911, and the International Convention of Berne of September 9, 1886, for the protection of literary and artistic works, revised at Berlin on November 13, 1908, and the Additional Protocol of Berne of March 20, 1914, relating to the protection of literary and artistic works:


(2) Within the same period, to recognise and protect by effective legislation, in accordance with the principles of the said Conventions, the industrial, literary and artistic property of nationals of the Allied States or of any new State.


In addition, and independently of the obligations mentioned above, Turkey undertakes to continue to assure such recognition and such protection to all the industrial, literary and artistic property of the nationals of each of the Allied States and of any new State to an extent at least as great as upon August 1, 1914, and upon the same conditions.


ARTICLE 273.


Turkey undertakes to adhere to the conventions and arrangements hereinafter mentioned, or to ratify them:


(1) Convention of October 11, 1909, regarding the international circulation of motor cars.


(2) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May


(3) Convention of December 31, 1913, regarding the unification of commercial statistics.


(4) Convention of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.


(5) Convention of December 21, 1904, regarding the exemption of hospital ships from dues and charges in ports.


(6) Conventions of May 18, 1904, and of May 4, 1910, regarding the suppression of the White Slave Traffic.


(7) Convention of May 4, 1910, regarding the suppression of obscene publications.


(Cool Sanitary Conventions of January 30, 1892, April 15, 1893, April 3, 1894, March 19, 1897, and December 3, 1903.


(9) Convention of November 29, 1906, regarding the unification of pharmacopseial formulae for potent drugs.


(10) Conventions of November 3, 1881, and April 15, 1889, regarding precautionary measures against phylloxera.


(11) Convention of March 19, 1902, regarding the protection of birds useful to agriculture.


ARTICLE 274.


Each of the Allied Powers, being guided by the general principles or special provisions of the present Treaty, shall notify to Turkey the bilateral treaties or conventions which such Allied Power wishes to revive with Turkey.


The notification referred to in this Article shall be made either directly or through the intermediary of another Power. Receipt thereof shall be acknowledged in writing by Turkey. The date of the revival shall be that of the notification.


The Allied Powers undertake among themselves not to revive with Turkey any conventions or treaties which are not in accordance with the terms of the present Treaty.


The notification shall mention any provisions of the said conventions and treaties which, not being in accordance with the terms of the present Treaty, shall not be considered as revived.


In case of any difference of opinion, the League of Nations will be called on to decide.


A period of six months from the coming into force of the present Treaty is allowed to the Allied Powers within which to make the notification.


Only those bilateral treaties and conventions which have been the subject of such a notification shall be revived between the Allied Powers and Turkey; all the others are and shall remain abrogated.



The above regulations apply to all bilateral treaties or conventions existing between all the Allied Powers and Turkey, even if the said Allied Powers have not been in a state of war with Turkey.


The provisions of this Article do not prejudice the stipulations of Article 261.


ARTICLE 275.


Turkey recognises that all the treaties, conventions or agreements which she has concluded with Germany, Austria, Bulgaria or Hungary since August 1, 1914, until the coming into force of the present Treaty are and remain abrogated by the present Treaty.


ARTICLE 276.


Turkey undertakes to secure to the Allied Powers, and to the officials and nationals of the said Powers, the enjoyment of all the rights and advantages of any kind which she may have granted to Germany, Austria, Bulgaria or Hungary, or to the officials and nationals of these States by treaties, conventions or arrangements concluded before August 1, 1914, so long as those treaties, conventions or arrangements remain in force.


The Allied Powers reserve the right to accept or not the enjoyment of these rights and advantages.


ARTICLE 277.


Turkey recognises that all treaties, conventions or arrangements which she concluded with Russia, or with any State or Government of which the territory previously formed a part of Russia, before August 1, 1914, or after that date until the coming into force of the present Treaty, or with Roumania after August 15, 1916, until the coming into force of the present Treaty, are and remain abrogated.


ARTICLE 278.


Should an Allied Power, Russia, or a State or Government of which the territory formerly constituted a part of Russia, have been forced since August 1, 1914, by reason of military occupation or by any other means or for any other cause, to grant or to allow to be granted by the act of any public authority, concessions, privileges and favours of any kind to Turkey or to a Turkish national, such concessions, privileges and favours are ipso facto annulled by the present Treaty.


No claims or indemnities which may result from this annulment shall be charged against the Allied Powers or the Powers, States, governments or public authorities which are released from their engagements by this Article.


ARTICLE 279.


From the coming into force of the present Treaty, Turkey undertakes to give the Allied Powers and their nationals the benefit ipso facto of the rights and advantages of any kind which she has granted by treaties, conventions or arrangements to non-belligerent States or their nationals since August 1, 1914, until the coming into force of the present Treaty, so long as those treaties, conventions or arrangements remain in force.


ARTICLE 280.


Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at the Hague on January 23, I9I2, agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.


Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force.


For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the Protocol of the deposit of ratifications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the Additional Protocol of 1914.


SECTION III .

INDUSTRIAL PROPERTY.

ARTICLE 2 81.


Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne mentioned in Article 272, 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 their legal representatives. Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or 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.


Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied Power in regard to the rights of Turkish nationals in industrial, literary or artistic property shall remain in force and shall continue to maintain their full effect.


No claim shall be made or action brought by Turkey or Turkish nationals in respect of the use during the war by the Government of any Allied Power, or by any person acting on behalf or with the assent of such Government, of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale or use of any products, articles or apparatus whatsoever to which such rights applied.


Unless the legislation of any one of the Allied Powers in force at the moment of the signature of the present Treaty otherwise directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to Turkish nationals are directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Turkish Government in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied Powers shall be considered and treated in the same way as other debts due from Turkish nationals.


Each of the Allied Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial literary or artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation, by Turkish nationals whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest or for assuring the fair treatment by Turkey of the rights of industrial, literary and artistic property held in Turkish territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Turkey in the present Treaty. As regards rights of industrial, literary and artistic property acquired after the coming into force of the present Treaty, the right so reserved by the Allied Powers shall only be exercised in cases where these limitations, conditions or restrictions may be considered necessary for national defence or in the public interest.


In the event of the application of the provisions of the preceding paragraph by any Allied Power, there shall be paid reasonable indemnities or royalties, which shall be dealt with in the same way as other sums due to Turkish nationals are directed to be dealt with by the present Treaty.


Each of the Allied Powers reserves the right to treat as void and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic property effected after August 1, 19l4, or in the future, which would have the result of defeating the objects of the provisions of this Article.


The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in the liquidation of businesses or companies under war legislation by the Allied Powers, or which may be so dealt with by virtue of Article 289.


ARTICLE 282


A minimum of one year after the coming into force of the present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving or opposing rights to, or in respect of, industrial property either acquired before August 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance.


All rights in, or in respect of, such property which may have lapsed by reason of any failure to accomplish any act, fulfil any formality, or make any payment shall revive, but subject in the case of patents and designs to the imposition of such conditions as each Allied Power may deem reasonably necessary for the protection of persons who have manufactured or made use of the subject-matter of such property while the rights had lapsed. Furhter, where rights to patents or designs belonging to Turkish nationals are revived under this Article, they shall be sub]ect in respect of the grant of licences to the same provisions as would have been applicable to them during the war, as well as to all the provisions of the present Treaty.


The period from August 1, 1914, until the coming into force of the present Treaty shall be excluded in considering the time within which a patent should be worked or a trade-mark or design used, and it is further agreed that no patent, registered trade-mark or design in force on August 1, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade-mark or design for two years after the coming into force of the present Treaty.


ARTICLE 283.


No action shall be brought and no claim made by persons residing or carrying on business within the territories of Turkey on the one part and of the Allied Powers on the other, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the existence of a state of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Article 282.


Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied Powers on the one hand, or Turkey on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by Turkey during the war.


ARTICLE 284.


Licences in respect of industrial, literary or artistic property concluded before the war between nationals of the Allied Powers or persons residing in their territory or carrying on business therein on the one part, and Turkish nationals on the other part shall be considered as cancelled as from the date of the existence of a state of war between Turkey and the Allied Power. But in any case the former beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand 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 duly qualified tribunal in the country under whose legislation the rights had been acquired, except in the case of licences held in respect of rights acquired under Turkish law. In such cases the conditions shall be fixed by the Arbitral Commission referred to in Article 287. The tribunal or the Commission may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war.


No licence in respect of industrial, literary or artistic property granted under the special war legislation of any Allied Power shall be affected by the continued existence of any licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence.


Where sums have been paid during the war by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt with in the same manner as other debts or credits of Turkish nationals as provided by the present Treaty.


ARTICLE 285.


The inhabitants of territories detached from Turkey under the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue to enjoy in Turkey all the rights in industrial, literary and artistic property to which they were entitled under Turkish legislation at the time of the transfer.


Rights of industrial, literary and artistic property which are in force in the territories detached from Turkey under the present Treaty at the moment of the transfer, or which will be re-established or restored in accordance with the provisions of Article 281, shall be recognised by the State to which the said territory is transferred, and shall remain in force in that territory for the same period of time given them under the Turkish law.


ARTICLE 286.


A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Turkish offices to the offices of the States in favour of which territory is detached from Turkey.


SECTION IV.

PROPERTY, RIGHTS AND INTERESTS.

ARTICLE 287.


The property, rights and interests situated in territory which was under Turkish sovereignty on August 1, 1914, and belonging to nationals of Allied Powers who were not during the war Turkish nationals, or of companies controlled by them, shall be immediately restored to their owners free of all taxes levied by or under the authority of the Turkish Government or authorities, except such as would have been leviable in accordance with the capitulations. Where property has been confiscated during the war or sequestrated in such a way that its owners enjoyed no benefit therefrom, it shall be restored free of all taxes whatever.


The Turkish Government shall take such steps as may be within its power to restore the owner to the possession of his property free from all encumbrances or burdens with which it may have been charged without his assent. It shall indemnify all third parties injured by the restitution.


If the restitution provided for in this Article cannot be effected, or if the property, rights or interests have been damaged or injured, whether they have been seized or not, the owner shall be entitled to compensation. Claims made in this respect by the nationals of Allied Powers or by companies controlled by them shall be investigated and the total of the compensation shall be determined by an Arbitral Commission to be appointed by the Council of the League of Nations. This compensation shall be borne by the Turkish Government and may be charged upon the property of Turkish nationals within the territory or under the control of the claimant's State. So far as it is not met from this source it shall be satisfied out of the annuity referred to in Article 236 (ii), Part VIII. (Financial Clauses) of the present Treaty.


The above provision shall not impose any obligation on the Turkish Government to pay compensation for damage to property, rights and interests effected since October 30, 1918, in territory in the effective occupation of the Allied Powers and detached from Turkey by the present Treaty. Compensation for any actual damage to such property, rights and interests inflicted by the occupying authorities since the above date shall be a charge on the Allied authorities responsible.


ARTICLE 288.


The property, rights and interests in Turkey of former Turkish nationals who acquire ipso facto the nationality of an Allied Power or of a new State in accordance with the provisions of the present Treaty, or any further Treaty regulating the disposal of territories detached from Turkey, shall be restored to them in their actual condition.


ARTICLE 289.


Subject to any contrary stipulations which may be provided in the present Treaty, the Allied Powers reserve the right to retain and liquidate all property, rights and interests of Turkish nationals, or companies controlled by them, within their territories, colonies, possessions and protectorates, excluding any territory under Turkish sovereignty on October 17, 19l2.


The liquidation shall be carried out in accordance with the laws of the Allied Power concerned, and the Turkish owner shall not be able to dispose of such property, rights, or interests, or to subject them to any charge, without the consent of that Power.


ARTICLE 290.


Turkish nationals who acquire ipso facto the nationality of an Allied Power or of a new State in accordance with the provisions of the present Treaty, or any further Treaty regulating the disposal of territories detached from Turkey, will not be considered as Turkish nationals within the meaning of the fifth paragraph of Article 281, Articles 282, 284, the third paragraph of Article 287, Articles 289, 29I, 292, 293, 30I, 302, and 308.


ARTICLE 291.


All property, rights and interests of Turkish nationals within the territory of any Allied Power, excluding any territory under Turkish sovereignty on October 17, 1912, and the net proceeds of their sale, liquidation or other dealing therewith may be charged by that Allied Power with payment of amounts due in respect of claims by the nationals of that Allied Power under Article 287 or in respect of debts owing to them by Turkish nationals.


The proceeds of the liquidation of such property, rights and interests not used as provided in Article 289 and the first paragraph of this Article shall be paid to the Financial Commission to be employed in accordance with the provisions of Article 236 (ii), Part VIII (Financial Clauses) of the present Treaty.


ARTICLE 292.


The Turkish Government undertakes to compensate its nationals in respect of the sale or retention of their property, rights or interests in Allied countries.


ARTICLE 293


The Governments of an Allied Power or new State exercising authority in territory detached from Turkey in accordance with the present Treaty or any other Treaty concluded since October 17, 1912, may liquidate the property, rights and interests of Turkish companies or companies controlled by Turkish nationals in such territory; the proceeds of the liquidation shall be paid direct to the company.


This Article shall not apply to companies in which Allied nationals, including those of the territories placed under mandate, had on August 1, 1914, a preponderant interest.


The provisions of the first paragraph of this Article relating to the payment of the proceeds of liquidation do not apply in the case of railway undertakings where the owner is a Turkish company in which the majority of the capital or the control is held by German, Austrian, Hungarian or Bulgarian nationals either directly or through their interests in a company controlled by them, or was so held on August 1, 1914. In such case the proceeds of the liquidation shall be paid to the Financial Commission.


ARTICLE 294.


The Turkish Government shall, on the demand of the Principal Allied Powers, take over the undertaking, property, rights and interests of any Turkish company holding a railway concession in Turkish territory as it results from the present Treaty, and shall transfer in accordance with the advice of the Financial Commission the said undertaking, property, rights and interests, together with any interest which it may hold in the line or in the undertaking, at a price to be fixed by an arbitrator nominated by the Council of the League of Nations. The amount of this price shall be paid to the Financial Commission and shall be distributed by it, together with any amount received in accordance with Article 293, among the persons directly or indirectly interested in the company, the proportion attributable to the interests of nationals of Germany, Austria, Hungary or Bulgaria being paid to the Reparation Commission established under the Treaties of Peace with Germany, Austria, Hungary and Bulgaria respectively; the proportion of the price attributable to the Turkish Government shall be retained by the Financial Commission for the purposes referred to in Article 236, Part Vlll (Financial Clauses) of the present Treaty.


ARTICLE 295.


Until the expiration of a period of six months from the coming into force of the present Treaty, the Turkish Government will effectively prohibit all dealings with the property, rights and interests within its territory which belong, at the date of the coming into force of the present Treaty, to Germany, Austria, Hungary, Bulgaria or their nationals, except in so far as may be necessary for the carrying into effect of the provisions of Article 260 of the Treaty of Peace with Germany or any corresponding provisions in the Treaties of Peace with Austria, Hungary or Bulgaria.


Subject to any special stipulations in the present Treaty affecting property of the said States, the Turkish Government will proceed to liquidate any of the property, rights or interests above referred to which may be notified to it within the said period of six months by the Principal Allied Powers. The said liquidation shall be effected under the direction of the said Powers and in the manner indicated by them. The prohibition of dealings with such property shall be maintained until the liquidation is completed.


The proceeds of liquidation shall be paid direct to the owners, except where the property so liquidated belongs to the German, Austrian, Hungarian or Bulgarian States, in which event the proceeds shall be handed over to the Reparation Commission established under the Treaty of Peace with the State to which the property belonged.


ARTICLE 296.


The Governments exercising authority in territory detached from Turkey in accordance with the present Treaty may liquidate any property, rights and interests within such territory which belong at the date of the coming into force of the present Treaty to Germany, Austria, Hungary, Bulgaria or their nationals, unless they have been dealt with under the provisions of Article 260 of the Treaty of Peace with Germany or any corresponding provisions in the Treaties of Peace with Austria, Hungary or Bulgaria.


The proceeds of liquidation shall be disposed of in the manner provided in Article 295.


ARTICLE 297.


If on the application of the owner the Arbitral Commission provided for in Article 287 is satisfied that the conditions of sale of any property liquidated in virtue of Articles 293, 295 or 296, or measures taken outside its general legislation by the Government exercising authority in the territory in which the property was situated, were unfairly prejudicial to the price obtained, the Commission shall have discretion to award to the owner equitable compensation to be paid by that Government.


ARTICLE 298.


The validity of vesting orders and of orders for the winding-up of businesses or companies and of any other orders, directions decisions or instructions of any court or any department of the Government of any of the Allied Powers made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights and interests in their territories is confirmed.


The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision or instruction dealing with such property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision or instruction


No question shall be raised as to the regularity of a transfer of any property, rights or interests dealt with in pursuance of any such order, direction, decision or instruction.


Every action taken with regard to any property, business or comapny in the territories of the Allied Powers, whether as regards its investigation, sequestration, compulsory administration, use, requisition, supervision or winding-up, the sale or management of property, rights or interests, the collection or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever in pursuance of orders, directions, decisions or instructions of any court or of any department of the Government of any of the Allied Powers, made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights or interests, is confirmed.


ARTICLE 299.


The validity of any measures taken between October 30, 1918, and the coming into force of the present Treaty by or under the authority of one or more of the Allied Powers in regard to the property, rights and interests in Turkish territory of Germany, Austria, Hungary or Bulgaria or their nationals is confirmed.


Any balance remaining under the control of the Allied Powers as the result of such measures shall be disposed of in the manner provided in the last paragraph of Article 295.


ARTICLE 300.


No claim or action shall be made or brought against any Allied Power or against any person acting on behalf of or under the direction of any legal authority or department of the Government of such a Power by Turkey or by or on behalf of any person wherever resident who on August 1, 19l4, was a Turkish national, or who became such after that date, in respect of any act or omission with regard to the property, rights or interests of Turkish nationals during the war or in preparation for the war.


Similarly, no claim or action shall be made or brought against any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied Power.


ARTICLE 301.


The Turkish Government, if required, will, within six months from the coming into force of the present Treaty, deliver to each Allied Power any securities, certificates, deeds or documents of title held by its nationals and relating to property, rights or interests which are subject to liquidation in accordance with the provisions of the present Treaty, including any shares, stock, debentures, debenture stock or other obligations of any company incorporated in accordance with the laws of that Power.


The Turkish Government will, at any time on demand of any Allied Power concerned, furnish such information as may be required with regard to such property, rights and interests, or with regard to any transactions concerning such property, rights or interests since July 1, 1914.


ARTICLE 302.


Debts, other than the Ottoman Public Debt provided for in Article 236 and Annex I, Part VIII (Financial Clauses) of the present Treaty, between the Turkish Government or its nationals resident in Turkish territory on the coming into force of the present Treaty (with the exception of Turkish companies controlled by Allied groups or nationals) on the one hand, and the Governments of the Allied Powers or their nationals who were not on August 1, 19l4, Turkish nationals or (except in the case of foreign officials in the Turkish service, in regard to their salaries, pensions or official remuneration) resident or carrying on business in Turkish territory, on the other hand, which were payable before the war, or became payable during the war and arose out of transactions or contracts of which the total or partial execution was suspended on account of the war, shall be paid or credited in the currency of such one of the Allied Powers, their colonies or protectorates, or the British Dominions or India, as may be concerned. If a debt was payable in some other currency the conversion shall be effected at the pre-war rate of exchange.


For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied country concerned during the month immediately preceding the outbreak of war between the said country and Turkey.


If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied Power concerned, then the above provisions concerning the rate of exchange shall not apply.


The proceeds of liquidation of enemy property, rights and interests and the cash assets of enemies, referred to in this Section, shall also be accounted for in the currency and at the rate of exchange provided for above.


The provisions of this Article regarding the rate of exchange shall not affect debts due to or from persons resident in territories detached from Turkey in accordance with the present Treaty.


ARTICLE 303.


The provisions of Articles 287 to 302 apply to industrial literary and artistic property which has been or may be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Allied Powers, or in accordance with the stipulations of the present Treaty.


SECTION V.

CONTRACTS, PRESCRIPTIONS, JUDGMENTS.


ARTICLE 304.


Subject to the exceptions and special rules with regard to particular contracts or classes of contracts contained in the Annex hereto, any contract concluded between enemies will be maintained or dissolved according to the law of the Allied Power of which the party who was not a Turkish subject on August 1, 1914, is a national, and on the conditions prescribed by that law.


ARTICLE 305.


All periods 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 October 29, 19l4, till the coming into force of the present Treaty. They shall begin to run again at earliest three months after the coming into force of the present Treaty. This provision shall apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.


Having regard to the provisions of the law of Japan, neither the present Article nor Article 304 nor the Annex hereto shall apply to contracts made between Japanese nationals and Turkish nationals.


ARTICLE 306.


As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment, or to give notice of non-acceptance or non-payment to drawers or endorsers, or to protest the instrument, nor by reason of failure to complete any formality during the war.


Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or endorser, or within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.


ARTICLE 307.


Judgments given or measures of execution ordered during the war by any Turkish judicial or administrative authority against or prejudicially affecting the interests of a person who was at the time a national of an Allied Power or against or affecting the interests of a company in which such an Allied national was interested shall be subject to revision, on the application of that national, by the Arbitral Commission provided for in Article 287. Where such a course is equitable and possible the parties shall be replaced in the situation which they occupied before the judgment was given or the measure of execution ordered by the Turkish authority. Where that is not possible, the national of an allied power who has suffered prejudice by the judgment or measure of execution shall be entitled to recover such compensation as the Arbitral Commission may consider equitable, such compensation to be paid by the Turkish Government.


Where a contract has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Arbitral Commission. This Commission may grant compensation to the prejudiced party, or may order the restoration of any rights in Turkey which have been prejudiced by the dissolution wherever, having regard to the circumstances of the case, such restoration is equitable and possible.


Turkey shall compensate any third party who may be prejudiced by any restitution or restoration effected in accordance with the provisions of this Article.


ARTICLE 308.


All questions relating to contracts concluded before the coming into force of the present Treaty between persons who were or have become nationals of the Allied Powers or of the new States whose territory is detached from Turkey and Turkish nationals shall be decided by the national Courts or the consular Courts of the Allied Power or new State of which one of the parties to the contract is a national, to the exclusion of the Turkish Courts.

ARTICLE 309.


Judgments given by the national or consular Courts of an Allied Power or new State whose territory is detached from Turkey, or orders made by the Arbitral Commission provided for in Article 287, in all cases which, under the present Treaty, they are competent to decide, shall be recognised in Turkey as final, and shall be enforced without it being necessary to have them declared executory


ANNEX

I. General Provisions.
I.


Within the meaning of Articles 304 to 306 and of the provisions of this Annex, the parties to a contract shall be regarded as enemies when trading between them became hnpossible in fact, or was prohibited by or otherwise became unlawful under laws, orders or regulations to which one of those parties was subject. They shall be deemed to have become enemies from the date when such trading became impossible in fact or was prohibited or otherwise became unlawful.


2.

The following classes of contracts remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied Powers and subject to the terms of the contracts:


(a) Contracts having for their object the transfer of estates or of real or personal property, where the property therein had passed or the object had been delivered before the parties became enemies;


(b) Leases and agreements for leases of land and houses;


(c) Contracts of mortgage, pledge, or lien;


(d) Contracts between individuals or companies and the State, provinces, municipalities, or other similar juridical persons charged with administrative functions, and concessions granted by the State, provinces, municipalities, or other similar juridical persons charged with administrative functions, subject however to any special provisions relating to concessions laid down in the present Treaty.


When the execution of the contracts thus kept alive would, owing to the alteration of economic conditions, cause one of the parties substantial prejudice, the Arbitral Commission provided for in Article 287 shall be empowered, on the request of the prejudiced party, to grant to him equitable compensation by way of reparation.


II. Provisions Relating to Certain Classes of Contracts.

Stock Exchange and Commercial Exchange Contracts.


3

(a) Rules made during the war by any recognised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy are confirmed by the High Contracting Parties, as also any action taken thereunder provided:


(1) That the contract was expressed to be made subject to the rules of the Exchange or Association in question;


(2) That the rules applied to all persons concerned;


(3) That the conditions attaching to the closure were fair and reasonable.


(b) The closure of contracts relating to cotton futures which were closed as on July 31, 1914, under the decision of the Liverpool Cotton Association, is also confirmed.


Security.


4

The sale of a security held for an unpaid debt owing by an enemy shall be deemed to have been valid irrespective of notice to the owner if the creditor acted in good faith and with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted.


Negotiable Instruments.

5

If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability, notwithstanding the outbreak of war.


III. Contracts of Insurance.

6.

The provisions of the following paragraphs shall apply only to insurance and reinsurance contracts between Turkish nationals and nationals of the Allied Powers in the case of which trading with Turkey has been prohibited. These provisions shall not apply to contracts between Turkish nationals and companies or individuals, even if nationals of the Allied Powers, established in territory detached from Turkey under the present Treaty.


In cases where the provisions of the following paragraphs do not apply, contracts of insurance and reinsurance shall be subject to the provisions of Article 304.


Fire Insurance.

7

Contracts for the insurance of property against fire entered into by a person interested in such property with another 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, or on account of the failure during the war and for a period of three months thereafter to perform his obligations under the contract, but they shall be dissolved at the date when the annual premium becomes payable for the first time after the expiration of a period of three months after the coming into force of the present Treaty.


A settlement shall be effected of unpaid premiums which became due during the war, or of claims for losses which occurred during the war.


8.

Where by administrative or legislative action an insurance against fire effected before the war has been transferred during the war from the original to another insurer, the transfer will be recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear that these terms were not equitable, they shall be amended so far as may be necessary to render them equitable.


Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the demand.


Life Insurance.

9

Contracts of life insurance 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.


Any sum which during the war became due upon a contract deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at 5 per cent. per annum from the date of its becoming due up to the day of payment.


Where 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 time within twelve months of 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 avoidance.


10.

Where contracts of life insurance have been entered into by a local branch of an insurance company established in a country which subsequently became an enemy country, the contract shall, in the absence of any stipulation to the contrary in the contract itself, be governed by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid or claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.


11.

In any case where by the law applicable to the contract the insurer remains bound by the contract, notwithstanding the non-payment of premiums, until notice is given to the insured of the termination of the contract, he shall be entitled where the giving of such notice was prevented by the war to recover the unpaid premiums with interest at 5 per cent. per annum from the insured.


12.

Insurance contracts shall be considered as contracts of life assurance for the purpose of paragraphs 9 to 11 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two parties.


Marine Insurance.

13.

Contracts of marine insurance, including time policies and voyage policies, entered into between an insurer and a person who subsequently became an enemy, shall be deemed to have been dissolved on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he became an enemy.


Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.


Where the risk had attached, effect shall be given to the contract, notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.


In the event of any agreement being come to for the payment, of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of marine insurance run from the expiration of a period of one year from the date of the loss.


14.

No contract of marine insurance with an insured person who subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies of such Power.


15.

Where it is shown that a person who had before the war entered into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be subtituted for theoriginal contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.


Other Insuronces.

16

Contracts of insurance entered before the war between an insurer and a person who subsequently became an enemy, other than contracts dealt with in paragraph 7 to 15, shall be treated in all respects on the same footing as contracts of fire insurance between the same persons would be dealt with under the said paragraphs.


Reinsurance.

17.

All treatise of reinsurance with a person who became an enemy shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sums due in respect of such risks.


Nevertheless, if, owing to invasion, it has been impossible for the reinsured to find another reinsurer, the treaty shall remain in force until three months after the coming into force of the present Treaty.


When a reinsurance treaty becomes void under this paragraph there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risk which had attached before the war. In the case of risks other than those mentioned in paragraphs 9 to 15, the adjustment of accounts shall be made as at the date of the parties becoming enemies, without regard to claims for losses which may have occurred since that date.


18.

The provisions of paragraph 17 will extend equally to reinsura.nces existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risk other than life or marine risks.


19.

Reinsurance of life risks effected by particular contracts and not under any general treaty remain in force.


20.

In case of a reinsurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the reinsurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract, notwithstanding the outbreak of war; sums due under the contract of reinsurance in respect either of premiums or of losses shall be recoverable after the war.


21.

The provisions of paragraphs 14 and 15 and the last part of paragraph 13 shall apply to contracts for the reinsurance of marine risks.


SECTION VI.

COMPANIES AND CONCESSIONS.

ARTICLE 310.


In application of the provisions of Article 287, Allied nationals and companie
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