El tratado de Sèvres fue un tratado de paz entre Turquía y las naciones aliadas de la Primera Guerra Mundial (a excepción de Rusia y Estados Unidos), que se firmó en Sèvres (Francia) el 10 de agosto de 1920. El Tratado dejaba al Imperio Otomano sin la mayor parte de sus antiguas posesiones, limitándolo a Constantinopla y parte de Asia Menor. En Anatolia Oriental se creaba un estado autónomo para los Kurdos (Kurdistán), y varios distritos pasaban a Armenia (la República de Armenia se independizó de Rusia en 1918) para formar la Gran Armenia. Grecia recibía Tracia Oriental, Imbros, Tenedos y la región de Esmirna. Se reconocía la separación de Egipto, Hedjaz y Yemen; Mosul, Palestina y Transjordania pasaban a administracón británica; Siria, Libano y Hatay (Alejandreta) a administración francesa -que también recibía una zona de influencia en Cilicia-; Chipre quedó para los británicos que ya lo administraban y Castellorizo para los italianos con una zona de influencia en la región de Antalya. La navegación en los Estrechos sería libre y controlada por una comisión internacional.
Contra el tratado, aceptado por el Sultán y el gobierno otomano, se levantaron los nacionalistas al mando de Mustafá Kemal Atatürk, que tomaron el poder y combatieron victoriosamente contra griegos y armenios logrando mantener la posesión de toda Anatolia, y parte de Tracia Oriental, y poner fin a las zonas de influencia de Francia e Italia, todo lo cual fue confirmado por la Conferencia de Lausana en 1923.
The Treaty of Sèvres, 1920
Map of Turkey, illustrating the Treaty of Sevres region.
Map of Western Turkey, showing the Zone of the Straits.
Map of Eastern Turkey, showing the extent of Turkish Armenia according to President Wilson’s boundary decision.
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.
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 the Allied Powers or new States and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under Treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin.
In particular, persons who before the coming into force of the present Treaty have acquired the nationality of one of the Allied Powers in accordance with the law of such Power shall be recognised by the Turkish Government as nationals of such Power and as having lost their Turkish nationality, notwithstanding any provisions of Turkish law to the contrary. No confiscation of property or other penalty provided by Turkish law shall be incurred on account of the acquisition of any such nationality.
ARTICLE 129.
Jews of other than Turkish nationality who are habitually resident, on the coming into force of the present Treaty, within the boundaries of Palestine, as determined in accordance with Article 95 will ipso facto become citizens of Palestine to the exclusion of any other nationality.
ARTICLE 130.
For the purposes of the provisions of this Section, the status of a married woman will be governed by that of her husband and the status of children under eighteen years of age by that of their parents.
ARTICLE 131.
The provisions of this Section will apply to the city of Smyrna and the territory defined in Article 66 as from the establishment of the final status of the territory in accordance with Article 83.
SECTION XIII.
GENERAL PROVISIONS.
ARTICLE 132.
Outside her frontiers as fixed by the present Treaty Turkey hereby renounces in favour of the Principal Allied Powers all rights and title which she could claim on any ground over or concerning any territories outside Europe which are not otherwise disposed of by the present Treaty.
Turkey undertakes to recognise and conform to the measures which may be taken now or in the future by the Principal Allied Powers, in agreement where necessary with third Powers, in order to carry the above stipulation into effect.
ARTICLE 133.
Turkey undertakes to recognise the full force of the Treaties of Peace and Additional Conventions concluded by the Allied Powers with the Powers who fought on the side of Turkey, and to recognise whatever dispositions have been or may be made concerning the territories of the former German Empire, of Austria, of Hungary and of Bulgaria, and to recognise the new States within their frontiers as there laid down.
ARTICLE 134.
Turkey hereby recognises and accepts the frontiers of Germany, Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the Serb-Croat-Slovene State and the Czecho-Slovak State as these frontiers may be determined by the Treaties referred to in Article 133 or by any supplementary conventions.
ARTICLE 135.
Turkey undertakes to recognise the full force of all treaties or agreements which may be entered into by the Allied Powers with States now existing or coming into existence in future in the whole or part of the former Empire of Russia as it existed on August 1, 1914, and to recognise the frontiers of any such States as determined therein.
Turkey acknowledges and agrees to respect as permanent and inalienable the independence of the said States.
In accordance with the provisions of Article 259, Part VIII (Financial Clauses), and Article 277, Part IX (Economic Clauses), of the present Treaty, Turkey accepts definitely the abrogation of the Brest-Litovsk Treaties and of all treaties conventions and agreements entered into by her with the Maximalist Government in Russia.
ARTICLE 136.
A Commission composed of four members, appointed by the British Empire, France, Italy and Japan respectively, shall be set up within three months from the coming into force of the present Treaty, to prepare, with the assistance of technical experts representing the other capitulatory Powers, Allied or neutral, who with this object will each be invited to appoint an expert, a scheme of judicial reform to replace the present capitulatory system in judicial matters in Turkey. This Commission may recommend, after consultation with the Turkish Government, the adoption of either a mixed or an unified judicial system.
The scheme prepared by the Commission will be submitted to the Governments of the Allied and neutral Powers concerned. As soon as the Principal Allied Powers have approved the scheme they will inform the Turkish Government, which hereby agrees to accept the new system.
The Principal Allied Powers reserve the right to agree among themselves, and if necessary with the other Allied or neutral Powers concerned, as to the date on which the new system is to come into force.
ARTICLE 137.
Without prejudice to the provisions of Part VII (Penalties), no inhabitant of Turkey shall be disturbed or molested, under any pretext whatever, on account of any political or military action taken by him, or any assistance of any kind given by him to the Allied Powers, or their nationals, between August 1, 1914, and the coming into force of the present Treaty; all sentences pronounced against any inhabitant of Turkey for the above reasons shall be completely annulled, and any proceedings already instituted shall be arrested.
ARTICLE 138.
No inhabitant of territory detached from Turkey in accordance with the present Treaty shall be disturbed or molested on account of his political attitude after August 1, 1914, or of the determination of his nationality effected in accordance with the present Treaty.
ARTICLE 139.
Turkey renounces formally all rights of suzerainty or jurisdiction of any kind over Moslems who are subject to the sovereignty or protectorate of any other State.
No power shall be exercised directly or indirectly by any Turkish authority whatever in any territory detached from Turkey or of which the existing status under the present Treaty is recognised by Turkey.
PART IV.
PROTECTION OF MINORITIES.
ARTICLE 140.
Turkey undertakes that the stipulations contained in Articles 141, I45 and I47 shall be recognised as fundamental laws, and that no civil or military law or regulation, no Imperial Iradeh nor official action shall conflict or interfere with these stipulations, nor shall any law, regulation, Imperial Iradeh nor official action prevail over them.
ARTICLE 141.
Turkey undertakes to assure full and complete protection of life and liberty to all inhabitants of Turkey without distinction of birth, nationality, language, race or religion. All inhabitants of Turkey shall be entitled to the free exercise, whether public or private, of any creed, religion or belief.
The penalties for any interference with the free exercise of the right referred to in the preceding paragraph shall be the same whatever may be the creed concerned.
ARTICLE 142.
Whereas, in view of the terrorist regime which has existed in Turkey since November 1, 1914, conversions to Islam could not take place under normal conditions, no conversions since that date are recognised and all persons who were non-Moslems before November 1, 1914, will be considered as still remaining such, unless, after regaining their liberty, they voluntarily perform the necessary formalities for embracing the Islamic faith.
In order to repair so far as possible the wrongs inflicted on individuals in the course of the massacres perpetrated in Turkey during the war, the Turkish Government undertakes to afford all the assistance in its power or in that of the Turkish authorities in the search for and deliverance of all persons, of whatever race or religion, who have disappeared, been carried off, interned or placed in captivity since November 1, 1914.
The Turkish Government undertakes to facilitate the operations of mixed commissions appointed by the Council of the League of Nations to receive the complaints of the victims themselves, their families or their relations, to make the necessary enquiries, and to order the liberation of the persons in question.
The Turkish Government undertakes to ensure the execution
of the decisions of these commissions, and to assure the security and the liberty of the persons thus restored to the full enjoyment of their rights.
ARTICLE 143
Turkey undertakes to recognise such provisions as the Allied Powers may consider opportune with respect to the reciprocal and voluntary emigration of persons belonging to racial minorities.
Turkey renounces any right to avail herself of the provisions of Article I6 of the Convention between Greece and Bulgaria relating to reciprocal emigration, signed at Neuilly-sur-Seine on November 27, 19l9. Within six months from the coming into force of the present Treaty, Greece and Turkey will enter into a special arrangement relating to the reciprocal and voluntary emigration of the populations of Turkish and Greek race in the territories transferred to Greece and remaining Turkish respectively.
In case agreement cannot be reached as to such arrangement, Greece and Turkey will be entitled to apply to the Council of the League of Nations, which will fix the terms of such arrangement.
ARTICLE 144.
The Turkish Government recognises the injustice of the law of 1915 relating to Abandoned Properties (Emval-i-Metroukeh), and of the supplementary provisions thereof, and declares them to be null and void, in the past as in the future.
The Turkish Government solemnly undertakes to facilitate to the greatest possible extent the return to their homes and re-establishment in their businesses of the Turkish subjects of non-Turkish race who have been forcibly driven from their homes by fear of massacre or any other form of pressure since January 1, 1914. It recognises that any immovable or movable property of the said Turkish subjects or of the communities to which they belong, which can be recovered, must be restored to them as soon as possible, in whatever hands it may be found. Such property shall be restored free of all charges or servitudes with which it may have been burdened and without compensation of any kind to the present owners or occupiers, subject to any action which they may be able to bring against the persons from whom they derived title.
The Turkish Government agrees that arbitral commissions shall be appointed by the Council of the League of Nations wherever found necessary. These commissions shall each be composed of one representative of the Turkish Government, one representative of the community which claims that it or one of its members has been injured, and a ehairman appointed by the Council of the League of Nations. These arbitral commissions shall hear all claims covered by this Article and decide them by summary procedure.
The arbitral commissions will have power to order:
(1) The provision by the Turkish Government of labour for any work of reconstruction or restoration deemed necessary. This labour shall be recruited from the races inhabiting the territory where the arbitral commission considers the execution of the said works to be necessary
(2) The removal of any person who, after enquiry, shall be recognised as having taken an active part in massacres or deportations or as having provoked them; the measures to be taken with regard to such person’s possessions will be indicated by the commission;
(3) The disposal of property belonging to members of a community who have died or disappeared since January 1, 1914, without leaving heirs; such property may be handed over to the community instead of to the State
(4) The cancellation of all acts of sale or any acts creating rights over immovable property concluded after January 1, I914. The indemnification of the holders will be a charge upon the Turkish Government, but must not serve as a pretext for delaying the restitution. The arbitral commission will, however have the power to impose equitable arrangements between the interested parties, if any sum has been paid by the present holder of such property.
The Turkish Government undertakes to facilitate in the fullest possible measure the work of the commissions and to ensure the execution of their decisions, which will be final. No decision of the Turkish judicial or administrative authorities shall prevail over such decisions.
ARTICLE 145.
All Turkish nationals shall be equal before the law and shall enjoy the same civil and political rights without distinction as to race, language or religion.
Difference of religion, creed or confession shall not prejudice any Turkish national in matters relating to the enjoyment of civil or political rights, as for instance admission to public employments, functions and honours, or the exercise of professions and industries.
Within a period of two years from the coming into force of the present Treaty the Turkish Government will submit to the Allied Powers a scheme for the organisation of an electoral system based on the principle of proportional representation of racial minorities.
No restriction shall be imposed on the free use by any Turkish national of any language in private intercourse, in commerce, religion, in the press or in publications of any kind, or at public meetings. Adequate facilities shall be given to Turkish nationals of non-Turkish speech for the use of their language, either orally or in writing, before the courts.
ARTICLE 146.
The Turkish Government undertakes to recognize the validity of diplomas granted by recognised foreign universities and schools, and to admit the holders thereof to the free exercise of the professions and industries for which such diplomas qualify.
This provision will apply equally to nationals of Allied powers who are resident in Turkey.
ARTICLE 147.
Turkish nationals who belong to racial, religious or linguistic minorities shall enjoy the ame treatment and security in law and in fact as other Turkish nationals. In particular they shall have an equal right to establish, manage and control at their own expense, and independently of and without interference by the Turkish authorities, any charitable, religious and social institutions, schools for primary, secondary and higher instruction and other educational establishments, with the right to use their own language and to exercise their own religion freely therein.
ARTICLE 148.
In towns and districts where there is a considerable proportion of Turkish nationals belonging to racial, linguistic or religious minorities, these minorities shall be assured an equitable share in the enjoyment and application of the sums which may be provided out of public funds under the State, municipal or other budgets for educational or charitable purposes.
The sums in question shall be paid to the qualified representatives of the communities concerned.
ARTICLE 149.
The Turkish Government undertakes to recognise and respect the ecclesiastical and scholastic autonomy of all racial minorities in Turkey. For this purpose, and subject to any provisions to the contrary in the present Treaty, the Turkish Government confirms and will uphold in their entirety the prerogatives and immunities of an ecclesiastical, scholastic or judicial nature granted by the Sultans to non-Moslem races in virtue of special orders or imperial decrees (firmans, hattis, berats, etc.) as well as by ministerial orders or orders of the Grand Vizier.
All laws, decrees, regulations and circulars issued by the Turkish Government and containing abrogations, restrictions or amendments of such prerogatives and immunities shall be considered to such extent null and void.
Any modification of the Turkish judical system which may be introduced in accordance with the provisions of the present Treaty shall be held to override this Article, in so far as such modification may affect individuals belonging to racial minorities.
ARTICLE 150.
In towns and districts where there is resident a considerable proportion of Turkish nationals of the Christian or Jewish religions the Turkish Government undertakes that such Turkish nationals shall not be compelled to perform any act which constitutes a violation of their faith or religious observances, and shall not be placed under any disability by reason of their refusal to attend courts of law or to perform any legal business on their weekly day of rest. This provision, however, shall not exempt such Turkish nationals (Christians or Jews) from such obligations as shall be imposed upon all other Turkish nationals for the preservation of public order.
ARTICLE 151.
The Principal Allied Powers, in consultation with the Council of the League of Nations, will decide what measures are necessary to guarantee the execution of the provisions of this Part. The Turkish Government hereby accepts all decisions which may be taken on this subject.
PART V.
MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of a general limitation of the armaments of all nations, Turkey undertakes strictly to observe the military, naval and air clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
GENERAL CLAUSES.
ARTICLE 152.
The armed force at the disposal of Turkey shall only consist of:
(I) The Sultan’s bodyguard;
(2) Troops of gendarmerie, intended to maintain order and security in the interior and to ensure the protection of minorities
(3) Special elements intended for the reinforcement of the troops of gendarmerie in case of serious trouble, and eventually to ensure the control of the frontiers.
ARTICLE 153.
Within six months from the coming into force of the present Treaty, the military forces other than that provided for in Article 152 shall be demobilised and disbanded.
CHAPTER II.
EFFECTIVES, ORGANISATION AND CADRES OF THE TURKISH ARMED FORCE.
ARTICLE 154.
The Sultan’s bodyguard shall consist of a staff and infantry and cavalry units, the strength of which shall not exceed 700 offirers and men. This strength is not included in the total force provided for in Article 155.
The composition of this guard is given in Table 1 annexed to this Section.
ARTICLE 155.
The total strength of the forces enumerated in paragraphs (2) and (3) of Article 152 shall not exceed 50,000 men, including staffs, offficers, training personnel and depot troops.
ARTICLE 156.
The troops of gendarmerie shall be distributed over the territory of Turkey, which for this purpose will be divided into territorial areas to be delimited as provided in Article 200.
A legion of gendarmerie, composed of mounted and unmounted troops, provided with machine guns and with administrative and medical services will be organised in each territorial region, it will supply in the vilayets, sandjaks, cazas, etc., the detachments necessary for the organisation of a fixed protective service, mobile reserves being at its disposal at one or more points within the region.
On account of their special duties, the legions shall not include either artillery or technical services.
The total strength of the legions shall not exceed 35,000 men, to be included in the total strength of the armed force provided for in Article 155.
The maximum strength of any one legion shall not exceed one quarter of the total strength of the legions.
The elements of any one legion shall not be employed outside the territory of their region, except by special authorisation from the Inter-Allied Commission provided for in Article 200.
ARTICLE 157.
The special elements for reinforcements may include details of infantry, cavalry, mountain artillery, pioneers and the corresponding technical and general services; their total strength shall not exceed 15,000 men, to be included in the total strength provided for in Article 155.
The number of such reinforcements for any one legion shall not exceed one third of the whole strength of these elements without the special authority of the Inter-Allied Commission provided for in Article 200.
The proportion of the various arms and services entering into the composition of these special elements is laid down in Table II annexed to this Section.
Their quartering will be fixed as provided in Article 200.
ARTICLE 158.
In the formations referred to in Articles 156 and 157, the proportion of officers, including the personnel of staffs and special services, shall not exceed one twentieth of the total effectives with the colours, and that of non-commissioned officers shall not exceed one twelfth of the total effectives with the colours.
ARTICLE 159.
Offficers supplied by the various Allied or neutral Powers shail collaborate, under the direction of the Turkish Government, in the command, the organisation and the training of the gendarmerie officers authorised by Article 158, but their number shall not exceed fifteen per cent. of that strength. Special agreements to be drawn up by the Inter-Allied Commission mentioned in Article 200 shall fix the proportion of these offficers according to nationality, and shall determine the conditions of their participation in the various missions assigned to them by this Article.
ARTICLE 160.
In any one territorial region all officers placed at the disposal of the Turkish Government under the conditions laid down in Article 159 shall in principle be of the same nationality.
ARTICLE 161.
In the zone of the Straits and islands referred to in Article 178, excluding the islands of Lemnos, Imbros, Samothrace Tenedos and Mitylene, the forces o Turkish, will be under the Inter-Allied Command of the forces in occupation of that zone.
ARTICLE 162.
All measures of mobilisation, or appertaining to mobilisation or tending to an increase of the strength or of the means of transport of any of the forces provided for in this Chapter are forbidden.
The various formations, staffs and administrative services shall not, in any case, include supplementary cadres.
ARTICLE 163.
Within the period fixed by Article 153, all existing forces of gendarmerie shall be amalgamated with the legions provided for in Article 156.
ARTICLE 164.
The formation of any body of troops not provided for in this Section is forbidden.
The suppression of existing formations which are in excess of the authorised strength of 50,000 men (not including the Sultan’s bodyguard) shall be effected progressively from the date of the signature of the present Treaty, in such manner as to be completed within six months at the latest after the coming into force of the Treaty, in accordance with the provisions of Article 158.
The number of offficers, or persons in the position of offficers, in the War Ministry and the Turkish General Staff, as well as in the administrations attached to them, shail, within the same period, be reduced to the establishment considered by the Commission referred to in Article 200 as strictly necessary for the good working of the general services of the armed Turkish force, this establishment being included in the maximum figure laid down in Article 158.
CHAPTER III.
RECRUITING.
ARTICLE 165.
The Turkish armed force shall in future be constituted and recruited by voluntary enlistment only.
Enlistment shall be open to all subjects of the Turkish State equally, without distinction of race or religion.
As regards the legions referred to in Article 156, their system of recruiting shall be in principle regional, and so regulated that the Moslem and non-Moslem elements of the population of each region may be, so far as possible, represented on the strength of the corresponding legion.
The provisions of the preceding paragraphs apply to offficers as well as to men.
ARTICLE 166.
The length of engagement of non-commissioned officers and men shall be twelve consecutive years.
The annual replacement of men released from service for any reason whatever before the expiration of their term of engagement shall not exceed five per cent. of the total effectives fixed hy Article 155.
ARTICLE 167.
All officers must be regulars (officers de carrière).
Officers at present serving in the army or the gendarmerie who are retained in the new armed force must undertake to serve at least up to the age of forty-five.
Offficers at present serving in the army or the gendarmerie who are not admitted to the new armed force shall be definitely released from all military obligations, and must not take part in any military exercises, theoretical or practical.
Officers newly-appointed must undertake to serve on the active list for at least twenty-five consecutive years.
The annual replacement of officers leaving the service for any cause before the expiration of their term of engagement shall not exceed five per cent. of the total effectives of officers provided by Article 158.
CHAPTER IV.
SCHOOLS, EDUCATIONAL ESTABLISHMENTS, MILITARY CLASS AND SOCIETIES
ARTICLE 168.
On the expiration of three months from the coming into force of the present Treaty there must only exist in Turkey the number of military schools which is absolutely indispensable for the recruitment of offficers and non-commissioned officers of the units allowed, i.e.:
school for officers;
1 school per territorial region for non-commissioned officers.
The number of students admitted to instruction in these schools shall be strictly in proportion to the vacancies to be filled in the cadres of officers and non-commissioned officers.
ARTICLE 169.
Educational establishments, other than those referred to in Article 168, as well as all sporting or other societies, must not occupy themselves with any military matters.
CHAPTER V.
CUSTOMS OFFICIALS, LOCAL URBAN AND RURAL POLICE, FOREST GUARDS.
ARTICLE 170.
Without prejudice to the provisions of Article 48, Part III (Political Clauses), the number of customs officials, local urban or rural police, forest guards or other like officials shall not exceed the number of men employed in a similar capacity in 1913 within the territorial limits of Turkey as fixed by the present Treaty.
The number of these officials may only be increased in the future in proportion to the increase of population in the localities or municipalities which employ them.
These employees and officials, as well as those employed in the railway service, must not be assembled for the purpose of taking part in any military exercises.
In each administrative district the local urban and rural police and forest guards shall be recruited and officered according to the principles laid down in the case of the gendarmerie by Article 165.
In the Turkish police, which, as forming part of the civil administration of Turkey, will remain distinct from the Turkish armed force, officers or officials supplied by the various Allied or neutral Powers shall collaborate, under the direction of the Turkish Government, in the organisation the command and the training of the said police. The number of these officers or officials shall not exceed fifteen per cent. of the strength of similar Turkish officers or officials.
CHAPTER VI.
ARMAMENT, MUNITIONS AND MATERIAL
ARTICLE 171 .
On the expiration of six months from the coming into force of the present Treaty, the armament which may be in use or held in reserve for replacement in the various formations of the Turkish armed force shall not exceed the figures fixed per thousand men in Table III annexed to this Section.
ARTICLE 172
The stock of munitions at the disposal of Turkey shall not exceed the amounts fixed in Table III annexed to this Section.
ARTICLE 173.
Within six months from the coming into force of the present Treaty all existing arms, munitions of the various categories and war material in excess of the quantities authorised shall be handed over to the Military Inter-Allied Commission of Control provided for in Article 200 in such places as shall be appointed by this Commission.
The Principal Allied Powers will decide what is to be done with this material.
ARTICLE 174.
The manufacture of arms, munitions and war material, including aircraft and parts of aircraft of every description, shall take place only in the factories or establishments authorised by the Inter-Allied Commission referred to in Article 200.
Within six months from the coming into force of the present Treaty all other establishments for the manufacture, preparation, storage or design of arms, munitions or any war material shall be abolished or converted to purely commercial uses.
The same will apply to all arsenals other than those utilised as depots for the authorised stocks of munitions.
The plant of establishments or arsenals in excess of that required for the authorised manufacture shall be rendered useless or converted to purely commercial uses, in accordance with the decisions of the Military Inter-Allied Commission of Control referred to in Article 200.
ARTICLE 175
The importation into Turkey of arms, munitions and war materials, including aircraft and parts of aircraft of every description, is strictly forbidden, except with the special authority of the Inter-Allied Commission referred to in Article 200.
The manufacture for foreign countries and the exportation of arms, munitions and war material of any description is also forbidden.
ARTICLE 176.
The use of flame-throwers, asphyxiating, poisonous or other gases and all similar liquids, materials or processes being forbidden, their manufacture and importation are strictly forbidden in Turkey.
Material specially intended for the manufacture, storage or use of the said products or processes is equally forbidden.
The manufacture and importation into Turkey of armoured cars, tanks or any other similar machines suitable for use in war are equally forbidden.
CHAPTER VII.
FORTIFICATIONS
ARTICLE 177.
In the zone of the Straits and islands referred to in Article 178 the fortifications will be disarmed and demolished as provided in that Article.
Outside this zone, and subject to the provisions of Article 89, the existing fortified works may be preserved in their present condition, but will be disarmed within the same period of three months.
CHAPTER VIII.
MAINTENANCE OF THE FREEDOM OF THE STRAITS
ARTICLE 178.
For the purpose of guaranteeing the freedom of the Straits, the High Contracting Parties agree to the following provisions:
(I) Within three months from the coming into force of the present Treaty, all works, fortifications and batteries within the zone defined in Article 179 and comprising the coast and islands of the Sea of Marmora and the coast of the Straits, also those in the Islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene, shall be disarmed and demolished.
The reconstruction of these works and the construction of similar works are forbidden in the above zone and islands. France, Great Britain and Italy shall have the right to prepare for demolition any existing roads and railways in the said zone and in the islands of Lemnos, Imbros, Samothrace, and Tenedos which allow of the rapid transport of mobile batteries, the construction there of such roads and railways remaining forbidden.
In the islands of Lemnos, Imbros, Samothrace and Tenedos the construction of new roads or railways must not be undertaken except with the authority of the three Powers mentioned above.
(2) The measures prescribed in the first paragraph of (I) shall be executed by and at the expense of Greece and Turkey as regards their respective territories, and under control as provided in Article 203.
(3) The territories of the zone and the islands of Lemnos, Imbros, Samothrace, Tenedos, and Mitylene shall not be used for military purposes, except by the three Allied Powers referred to above, acting in concert. This provision does not exclude the employment in the said zone and islands of forces of Greek and Turkish gendarmerie, who will be under the Inter-Allied command of the forces of occupation, in accordance with the provisions of Article 161, nor the maintenance of a garrison of Greek troops in the island of Mitylene, nor the presence of the Sultan’s bodyguard referred to in Article 152.
(4) The said Powers, acting in concert, shall have the right to maintain in the said territories and islands such military and air forces as they may consider necessary to prevent any action being taken or prepared which might directly or indirectly prejudice the freedom of the Straits.
This supervision will be carried out in naval matters by a guard-ship belonging to each of the said Allied Powers.
The forces of occupation referred to above may, in case of necessity, exercise on land the right of requisition, subject to the same conditions as those laid down in the Regulations annexed to the Fourth Hague Convention, 1907, or any other Convention replacing it to which all the said Powers are parties. Requisitions shall, however, only be made against payment on the spot.
ARTICLE 179.
The zone referred to in Article 178 is defined as follows:
(I) In Europe:
From Karachali on the Gulf of Xeros north-eastwards,
a line reaching and then following the southern boundary of the basin of the Beylik Dere to the crest of the Kuru Dagh;
then following that crest line,
then a straight line passing north of Emerli, and south of Derelar,
then curving north-north-eastwards and cutting the road from Rodosto to Malgara 3 kilometres west of Ainarjik and then passing 6 kilometres south-east of Ortaja Keui,
then curving north-eastwards and cutting the road from Rodosto to Hairobolu 18 kilometres northwest of Rodosto,
then to a point on the road from Muradli to Rodosto about kilometre south of Muradli,
a straight line;
thence east-north-eastwards to.Yeni Keui,
a straight line, modified, however, so as to pass at a minimum distance of 2 kilometres north of the railway from Chorlu to Chatalja;
thence north-north-eastwards to a point west of Istranja,
situated on the frontier of Turkey in Europe as defined in Article 27, 1 (2),
a straight line leaving the village of Yeni Keui within the zone; thence to the Black Sea,
the frontier of Turkey in Europe as defined in Article 27, 1 (2).
(2) In Asia:
From a point to be determined by the Principal Allied Powers between Cape Dahlina and Kemer Iskele on the gulf of Adramid east-north-eastwards,
a line passing south of Kemer Iskele and Kemer together with the road joining these places;
then to a point immediately south of the point where the Decauville railway from Osmanlar to Urchanlar crosses the Diermen Dere,
a straight line;
thence north-eastwards to Manias Geul,
a line following the right bank of the Diermen Dere, and Kara Dere Suyu;
thence eastwards, the southern shore of Manias Geul;
then to the point where it is crossed by the railway from Panderma to Susighirli, the course of the Kara Dere upstream;
thence eastwards to a point on the Adranos Chai about kilometres from its mouth near Kara Oghlan,
a straight line;
thence eastwards, the course of this river downstream then the southern shore of Abulliont Geul;
then to the point where the railway from Mudania to Brusa crosses the Ulfer Chai, about 5 kilometres northwest of Brusa,
a straight line;
thence north-eastwards to the confluence of the rivers about 6 kilometres north of Brusa,
the course of the Ulfer Chai downstream;
thence eastwards to the southernmost point of Iznik Geul,
a straight line;
thence to a point 2 kilometres north of Iznik,
the southern and eastern shores of this lake;
thence north-eastwards to the westernmost point of Sbanaja Geul,
a line following the crest line Chirchir Chesme, Sira Dagh,
Elmali Dagh, Kalpak Dagh, Ayu Tepe, Hekim Tepe; thence northwards to a point on the road from Ismid to Armasha, 8 kilometres southwest of Armasha,
a line following as far as possible the eastern boundary of the basin of the Chojali Dere;
thence to a point on the Black Sea, 2 kilometres east of the mouth of the Akabad R,
a straight line.
ARTICLE 180.
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 zone referred to in Article 178, except in so far as these boundaries coincide with the frontier line described in Article 27,1(2). This Commission shall be composed of three members nominated by the military authorities of France, Great Britain and Italy respectively, with, for the portion of the zone placed under Greek sovereignty, one member nominated by the Greek Government, and, for the portion of the zone remaining under Turkish sovereignty, one member nominated by the Turkish Government. The decisions of the Commission, which will be taken by a majority, shall be binding on the parties concerned. The expenses of this Commission will be included in the expenses of the occupation of the said zone.
SECTION II.
NAVAL CLAUSES.
ARTICLE 181.
From the coming into force of the present Treaty all warships interned in Turkish ports in accordance with the Armistice of October 30, 1918, are declared to be finally surrendered to the Principal Allied Powers.
Turkey will, however, retain the right to maintain along her coasts for police and fishery duties a number of vessels which shall not exceed:
7 sloops,
6 torpedo boats.
These vessels will constitute the Turkish Marine, and will be chosen by the Naval Inter-Allied Commission of Control referred to in Article 201 from amongst the following vessels:
SLOOPS
Aidan Reis. Hizir Reis.
Burock Reis. Kemal Reis.
Sakis. Issa Reis.
Prevesah.
TORPEDO-BOATS
Sisri Hissar. Moussoul.
Sultan Hissor. Ack Hissar.
Drach. Younnous.
The authority established for the control of customs will be entitled to appeal to the three Allied Powers referred to in Article 178 in order to obtain a more considerable force, if such an increase is considered indispensable for the satisfactory working of the services concerned.
Sloops may carry a light armament of two guns inferior to 77 m /m. and two machine guns. Torpedo-boats (or patrol launches) may carry a light armament of one gun inferior to 77 m/m. All the torpedoes and torpedo-tubes on board will be removed.
ARTICLE 182.
Turkey is forbidden to construct or acquire any warships other than those intended to replace the units referred to in Article 181. Torpedo-boats shall be replaced by patrol launches.
The vessels intended for replacement purposes shall not exceed: 600 tons in the case of sloops;
l00 tons in the case of patrol launches.
Except where a ship has been lost, sloops and torpedo-boats shall only be replaced after a period of twenty years, counting from the launching of the ship.
ARTICLE 183.
The Turkish armed transports and fleet auxiliaries enumerated below shall be disarmed and treated as merchant ships:
Rechid Pasha (late Port Antonio).
Tir-i-Mujghion (late Pembroke Castle).
Kiresund (late Warwick Castle).
Millet (late Seagull).
Akdeniz. Bosphorus ferry-boats Nos. 60, 61, 63 and 70.
ARTICLE 184.
All warships, including submarines, now under construction in Turkey shall be broken up, with the exception of such surface vessels as can be completed for commercial purposes.
The work of breaking up these vessels shall be commenced on the coming into force of the present Treaty.
ARTICLE 185.
Articles, machinery and material arising from the breaking up of Turkish warships of all kinds, whether surface vessels or submarines, may not be used except for purely industrial or commercial purposes. They may not be sold or disposed of to foreign countries.
ARTICLE 186.
The construction or acquisition of any submarine, even for commercial purposes, shall be forbidden in Turkey.
ARTICLE 187.
The vessels of the Turkish Marine enumerated in Article 181 must have on board or in reserve only the allowance of war material and armaments fixed by the Naval Inter-Allied Commission of Control referred to in Article 201. Within a month from the time when the above quantities are fixed all armaments rmunitions or other naval war material including mines and torpedoes, belonging to Turkey at the time of the signing of the Armistice of October 30, 1918, must be definitely surrendered to the Principal Allied Powers.
The manufacture of these articles in Turkish territory for, and their export to, foreign countries shall be forbidden.
All other stocks, depots or reserves of arms, munitions or naval war material of all kinds are forbidden.
ARTICLE 188.
The Naval Inter-Allied Commission of Control will fix the number of officers and men of all grades and corps to be admitted in accordance with the provisions of Article 189, into the Turkish Marine. This number will include the personnel for manning the ships left to Turkey in accordance with Article 181, and the administrative personnel of the police and fisheries protection services and of the semaphore stations.
Within two months from the time when the above number is fixed, the personnel of the former Turkish Navy in excess of this number shall be demobilised.
No naval or military corps or reserve force in connection with the Turkish Marine may be organised in Turkey without being included in the above strength.
ARTICLE 189.
The personnel of the Turkish Marine shall be recuited entirely by voluntary engagements entered into for a minimum period of twenty-five consecutive years for officers, and twelve consecutive years for petty officers and men.
The number engaged to replace those discharged for any reason other than the expiration of their term of service must not exceed five per cent. per annum of the total personnel fixed by the Naval Inter-Allied Commission of Control.
The personnel discharged from the former Turkish Navy must not receive any kind of naval or military training.
Officers belonging to the former Turkish Navy and not demobilised must undertake to serve till the age of forty-five, unless discharged for sufficient reason.
Officers and men belonging to the Turkish mercantile marine must not receive any kind of naval or military training.
ARTICLE 190.
On the coming into force of the present Treaty all the wireless stations in the zone referred to in Article 178 shall be handed over to the Principal Allied Powers. Greece and Turkey shall not construct any wireless stations in the said zone.
SECTION III.
AIR CLAUSES.
ARTICLE 19l.
The Turkish armed forces must not include any military or naval air forces.
No dirigible shall be kept.
ARTICLE 192.
Within two months from the coming into force of the present Treaty the personnel of the air forces on the rolls of the Turkish land and sea forces shall be demobilised.
ARTICLE 193.
Until the complete evacuation of Turkish territory by the Allied troops, the aircraft of the Allied Powers shall have throughout Turkish territory freedom of passage through the air, freedom of transit and of landing.
ARTICLE 194.
During the six months following the coming into force of the present Treaty the manufacture, importation and exportation of aircraft of every kind, parts of aircraft, engines for aircraft and parts of engines for aircraft shall be forbidden in all Turkish territory.
ARTICLE 195.
On the coming into force of the present Treaty all military and naval aeronautical material must be delivered by Turkey, at her own expense, to the Principal Allied Powers.
Delivery must be completed within six months and must be effected at such places as may be appointed by the Aeronautical Inter-Allied Commission of Control. The Governments of the Principal Allied Powers will decide as to the disposal of this material.
In particular, this material will include all items under the following heads which are or have been in use or were designed for warlike purposes.
Complete aeroplanes and seaplanes, as well as those being manufactured, repaired or assembled.
Dirigibles able to take the air, being manufactured, repaired or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for aircraft.
Pending their delivery, dirigibles will, at the expense of Turkey be maintained inflated with hydrogen; the plant for the manufacture of hydrogen, as well as the sheds for dirigibles, may, at the discretion of the said Powers, be left to Turkey until the dirigibles are handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine-guns, light machine-guns, bombdropping apparatus, torpedo-dropping apparatus, synchronising apparatus, aiming apparatus).
Munitions (cartridges, shells, bombs loaded or unloaded, stocks of explosives or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic and cinematographic apparatus for use on aircraft.
Component parts of any of the items under the preceding heads.
All aeronautical material of whatsoever description in Turkey shall be considered primdfocie as war material, and as such may not be exported, transferred, lent, used or destroyed, but must remain on the spot until such time as the Aeronautical Inter-Allied Commission of Control referred to in Article 202 has given a decision as to its nature; this Commission will be exclusively entitled to decide all such points.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL AND ORGANISATION.
ARTICLE 196.
Subject to any special provisions in this Part, the military, naval and air clauses contained in the present Treaty shall be executed by Turkey and at her expense under the control of Inter-Allied Commissions appointed for this purpose by the Principal Allied Powers.
The above-mentioned Commissions will represent the Principal Allied Powers in dealing with the Turkish Government in all matters relating to the execution of the military, naval or air clauses. They will communicate to the Turkish authorities the decisions which the Principal Allied Powers have reserved the right to take, or which the execution of the said clauses may necessitate.
ARTICLE 197.
The Inter-Allied Commissions of Control and Organisation may establish their organisations at Constantinople, and will be entitled, as often as they think desirable, to proceed to any point whatever in Turkish territory, or to send sub-commissions, or to authorise one or more of their members to go, to any such point.
ARTICLE 198.
The Turkish Government must furnish to the Inter-Allied Commissions of Control and Organisation all such information and documents as the latter may deem necessary for the accomplishment of their mission, and must supply at its own expense all labour and material which the said Commissions may require in order to ensure the complete execution of the military, naval or air clauses.
The Turkish Government shall attach a qualified representative to each Commission for the purpose of receiving all communications which the Commission may have to address to the Turkish Government, and of supplying or procuring for the Commission all information or documents which may be required.
ARTICLE 199.
The upkeep and cost of the Inter-Allied Commissions of Control and Organisation and the expenses incurred by their work shall be borne by Turkey.
ARTICLE 200.
The Military Inter-Allied Commission of Control and Organisation will be entrusted on the one hand with the supervision of the execution of tbe military clauses relating to the reduction of the Turkish forces within the authorised limits, the delivery of arms and war material prescribed in Chapter VI of Section I and the disarmament of the fortified regions prescribed in Chapters VII and VIII of that Section, and on the other hand with the organisation and the control of the employment of the new Turkish armed force.
(l) As the Military Inter-Allied Commission of Control it will be its special duty:
(a) To fix the number of customs officials, local urban and rural police, forest guards and other like officials which Turkey will be authorised to maintain in accordance with Article 170.
(b) To receive from the Turkish Government the notifications relating to the location of the stocks and depots of munitions, the armament of the fortified works, fortresses and forts, the situation of the works or factories for the production of arms, munitions and war material and their operations.
(c) To take delivery of the arms, munitions, war material and plant intended for manufacture of the same, to select the points where such delivery is to be effected, and to supervise the works of rendering things useless and of conversion provided for by the present Treaty.
(2) As the Military Inter-Allied Commission of Organisation it will be its special duty:
(a) To proceed, in collaboration with the Turkish Government, with the organisation of the Turkish armed force upon the basis laid down in Chapters I to IV, Section I of this Part, with the delimitation of the territorial regions provided for in Article 156, and with the distribution of the troops of gendarmerie and the special elements for reinforcement between the different territorial regions;
(b) To control the conditions for the employment, as laid down in Articles 156 and I57, of these troops of gendarmerie and these elements, and to decide what effect shall be given to requests of the Turkish Government for the provisional modification of the normal distribution of these forces determined in conformity with the said Articles;
(c) To determine the proportion by nationality of the Allied and neutral officers to be engaged to serve in the Turkish gendarmerie under the conditions laid down in Article 159, and to lay down the conditions under which they are to participate in the different duties provided for them in the said Article.
ARTICLE 201.
It will be the special duty of the Naval Inter-Allied Commission of Control to visit the building yards and to supervise the breaking-up of the ships, to take delivery of the arms, munitions and naval war material and to supervise their destruction and breaking up.
The Turkish Government must furnish to the Naval Inter-Allied Commission of Control all such information and documents as the latter may deem necessary to ensure the complete execution of the naval clauses, in particular the designs of the warships, the composition of their armaments, the details and models of the guns, munitions, torpedoes, mines, explosives, wireless telegraphic apparatus and in general everything relating to naval war material, as well as all legislative or administrative documents and regulations.
ARTICLE 202.
It will be the special duty of the Aeronautical Inter-Allied Commission of Control to make an inventory of the aeronautical material now in the hands of the Turkish Government, to inspect aeroplane, balloon and motor manufactories and factories producing arms, munitions and explosives capable of being used by aircraft, to visit all aerodromes, sheds, landing grounds, parks and depots on Turkish territory, to arrange, if necessary, for the removal of material and to take delivery of such material.
The Turkish Government must furnish to the Aeronautical Inter-Allied Commission of Control all such information and legislative, administrative or other documents as the Commission may consider necessary to ensure the complete execution of the air clauses, and in particular a list of the personnel belonging to all the Turkish air services and of the existing material as well as of that in process of manufacture or on order, and a complete list of all establishments working for aviation, of their positions, and of all sheds and landing grounds.
ARTICLE 203.
The Military, Naval and Aeronautical Inter-Allied Commissions of Control will appoint representatives who will be jointly responsible for controlling the execution of the operations provided for in paragraphs (1) and (2) of Article 178.
ARTICLE 204.
Pending the definitive settlement of the political status of the territories referred to in Article 89, the decisions of the Inter- Allied Commissions of Control and Organisation will be subject to any modifications which the said Commissions may consider necessary in consequence of such settlement.
ARTICLE 205.
The Naval and Aeronautical Inter-Allied Commissions of Control will cease to operate on the completion of the tasks assigned to them respectively by Articles 201 and 202.
The same will apply to the section of the Military Inter-Allied Commission entrusted with the functions of control prescribed in Article 200 (1).
The section of the said Commission entrusted with the organisation of the new Turkish armed force as provided in Article 200 (2) will operate for five years from the coming into force of the present Treaty. The Principal Allied Powers reserve the right to decide, at the end of this period, whether it is desirable to maintain or suppress this section of the said Commission.
SECTION V.
GENERAL PROVISIONS.
ARTICLE 206.
The following portions of the Armistice of October 30, 1918: Articles 7, 10, 12, 13 and 24 remain in force so far as they are not inconsistent with the provisions of the present Treaty.
ARTICLE 207.
Turkey undertakes from the coming into force of the present Treaty not to accredit to any foreign country any military, naval or air mission, and not to send or allow the departure of such mission; she undertakes, moreover, to take the necessary steps to prevent Turkish nationals from leaving her territory in order to enlist in the army, fleet or air service of any foreign Power, or to be attached thereto with the purpose of helping in its training, or generally to give any assistance to the military, naval or air instruction in a foreign country.
The Allied Powers undertake on their part that from the coming into force of the present Treaty they will neither enlist in their armies, fleets or air services nor attach to them any Turkish national with the object of helping in military training, or in general employ any Turkish national as a military, naval or air instructor.
The present provision does not, however, affect the right of France to recruit for the Foreign Legion in accordance with French military laws and regulations.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 208.
The repatriation of Turkish prisoners of war and interned civilians who have not already been repatriated shall continue as quickly as possible after the coming into force of the present Treaty.
ARTICLE 209.
From the time of their delivery into the hands of the Turkish authorities, the prisoners of war and interned civilians are to be returned without delay to their homes by the said authorities.
Those among them who, before the war, were habitually resident in territory occupied by the troops of the Allied Powers are likewise to be sent to their homes, subject to the consent and control of the military authorities of the Allied armies of occupation.
ARTICLE 210.
The whole cost of repatriation from October 30, 1918, shall be borne by the Turkish Government.
ARTICLE 211.
Prisoners of war and interned civilians awaiting disposal or undergoing sentence for offences against discipline shall be repatriated irrespective of the completion of their sentence or of the proceedings pending against them.
This stipulation shall not apply to prisoners of war and interned civilians punished for offences committed subsequent to June 15, 1920.
During the period pending their repatriation, all prisoners of war and interned civilians shall remain subject to the existing regulations, more especially as regards work and discipline.
ARTICLE 212.
Prisoners of war and interned civilians who are awaiting trial or undergoing sentence for offences other than those against discipline may be detained.
ARTICLE 213.
The Turkish Government undertakes to admit to its territory without distinction all persons liable to repatriation.
Prisoners of war or Turkish nationals who do not desire to be repatriated may be excluded from repatriation; but the Allied Governments reserve to themselves the right either to repatriate them or to take them to a neutral country or to allow them to reside in their own territories.
The Turkish Government undertakes not to institute any exceptional proceedings against these persons or their families nor to take any repressive or vexatious measures of any kind whatsoever against them on this account.
ARTICLE 214.
The Allied Governments reserve the right to make the repatriation of Turkish prisoners of war or Turkish nationals in their hands conditional upon the immediate notification and release by the Turkish Government of any prisoners of war and other nationals of the Allied Powers who are still held in Turkey against their will.
ARTICLE 2I5.
The Turkish Government undertakes:
(I) To give every facility to Commissions entrusted by the Allied Powers with the search for the missing or the identification of Allied nationals who have expressed their desire to remain in Turkish territory; to furnish such Commissions with all necessary means of transport; to allow them access to camps, prisons, hospitals and all other places; and to place at their disposal all documents whether public or private which would facilitate their enquiries;
(2) To impose penalties upon any Turkish officials or private persons who have concealed the presence of any nationals of any of the Allied Powers, or who have neglected to reveal the presence of any such after it had come to their knowledge;
(3) To facilitate the establishing of criminal acts punishable by the penalties referred to in Part VII (Penalties) of the present Treaty and committed by Turks against the persons of prisoners of war or Allied nationals during the war.
ARTICLE 216.
The Turkish Govermnent undertakes to restore without delay from the date of the coming into force of the present Treaty all articles, equipment, arms, money, securities, documents and personal effects of every description which have belonged to officers, soldiers or sailors or other nationals of the Allied Powers and which have been retained by the Turkish authorities.
ARTICLE 217.
The High Contracting Parties waive reciprocally all repayment of sums due for the maintenance of prisoners of war in their respective territories.
SECTION II.
GRAVES.
ARTICLE 218.
The Turkish Government shall transfer to the British, French and Italian Governments respectively full and exclusive rights of ownership over the land within the boundaries of Turkey as fixed by the present Treaty in which are situated the graves of their soldiers and sailors who fell in action or died from wounds, accident or disease, as well as over the land required for laying out cemeteries or erecting memorials to these soldiers and sailors, or providing means of access to such cemeteries or memorials.
The Greek Government undertakes to fulfil the same obligation so far as concerns the portion of the zone of the Straits and the islands placed under its sovereignty.
ARTICLE 219.
Within six months from the coming into force of the present Treaty the British, French and Italian Governments will respectively notify to the Turkish Government and the Greek Government the land of which the ownership is to be transferred to them in accordance with Article 218. The British, French and Italian Governments will each have the right to appoint a Commission, which shall be exclusively entitled to examine the areas where burials have or may have taken place, and to make suggestions with regard to the re-grouping of graves and the sites where cemeteries are eventually to be established. The Turkish Government and the Greek Government may be represented on these Commissions, and shall give them all assistance in carrying out their mission.
The said land will include in particular the land in the Gallipoli Peninsula shown on map No. 3 [see Introduction]; the limits of this land will be notified to the Greek Government as provided in the preceding paragraph. The Government in whose favour the transfer is made undertakes not to employ the land, nor to allow it to be employed, for any purpose other than that to which it is dedicated. The shore may not be employed for any military, marine or commercial purpose.
ARTICLE 220.
Any necessary legislative or administrative measures for the transfer to the British, French and Italian Governments respectively of full and exclusive rights of ownership over the land notified in accordance with Article 219 shall be taken by the Turkish Government and the Greek Government respectively within six months from the date of such notification. If any compulsory acquisition of the land is necessary it will be effected by, and at the cost of, the Turkish Government or the Greek Government, as the case may be.
ARTICLE 221.
The British, French and Italian Governments may respectively entrust f gendarmerie, Greek and Turkish, will be under the I deem fit the establishment, arrangement, maintenance and care of the cemeteries, memorials and graves situated in the land referred to in Article 218.
These Commissions or organisations shall be officially recognised by the Turkish Government and the Greek Government respectively. They shall have the right to undertake any exhumations or removal of bodies which they may consider necessary in order to concentrate the graves and establish cemeteries; the remains of soldiers or sailors may not be exhumed, on any pretext whatever, without the authority of the Commission or organisation of the Government concerned.
ARTICLE 222.
The land referred to in this Section shall not be subjected by Turkey or the Turkish authorities, or by Greece or the Greek authorities, as the case may be, to any form of taxation. Representatives of the British, French or Italian Governments, as well as persons desirous of visiting the cemeteries, memorials and graves, shall at all times have free access thereto. The Turkish Government and the Greek Government respectively undertake to maintain in perpetuity the roads leading to the said land.
The Turkish Government and the Greek Government respectively undertake to afford to the British, French and Italian Governments all necessary facilities for obtaining a sufficient water supply for the requirements of the staff engaged in the maintenance or protection of the said cemeteries or memorials, and for the irrigation of the land.
ARTICLE 223.
The provisions of this Section do not affect the Turkish or Greek sovereignty, as the case may be, over the land transferred. The Turkish Government and the Greek Government respectively shall take all the necessary measures to ensure the punishment of persons subject to their jurisdiction who may be guilty of any violation of the rights conferred on the Allied Governments, or of any desecration of the cemeteries, memorials or graves.
ARTICLE 224.
Without prejudice to the other provisions of this Section, the Allied Governments and the Turkish Government will cause to be respected and maintained the graves of soldiers and sailors buried in their respective territories, including any territories for which they may hold a mandate in conformity with the Covenant of the League of Nations.
ARTICLE 225.
The graves of prisoners of war and interned civilians who are nationals of the different belligerent States and have died in captivity shall be properly maintained in accordance with Article 224.
The Allied Governments on the one hand and the Turkish Government on the other reciprocally undertake also to furnish to each other:
(1) A complete list of those who have died, together with all information useful for identification
(2) All information as to the number and position of the graves of all those who have been buried without identification.
PART VII.
PENALTIES.
ARTICLE 226.
The Turkish Government recognises the right of the Allied Powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war. Such persons shall, if found guilty, be sentenced to punishments laid down by law. This provision will apply notwithstanding any proceedings or prosecution before a tribunal in Turkey. or in the territory of her allies.
The Turkish Government shall hand over to the Allied Powers or to such one of them as shall so request all persons accused of having committed an act in violation of the laws and customs of war, who are specified either by name or by the rank, office or employment which they held under the Turkish authorities.
ARTICLE 227.
Persons guilty of criminal acts against the nationals of one of the Allied Powers shall be brought before the military tribunals of that Power.
Persons guilty of criminal acts against the nationals of more than one of the Allied Powers shall be brought before military tribunals composed of members of the military tribunals of the Powers concerned.
In every case the accused shall be entitled to name his own counsel.
ARTICLE 228.
The Turkish Government undertakes to furnish all documents and information of every kind, the production of which may be considered necessary to ensure the full knowledge of the incriminating acts, the prosecution of offenders and the just appreciation of responsibility.
ARTICLE 229.
The provisions of Articles 226 to 228 apply similarly to the Governments of the States to which territory belonging to the former Turkish Empire has been or may be assigned, in so far as concerns persons accused of having committed acts contrary to the laws and customs of war who are in the territory or at the disposal of such States.
If the persons in question have acquired the nationality of one of the said States, the Government of such State undertakes to take, at the request of the Power concerned and in agreement with it, or upon the joint request of all the Allied Powers, all the measures necessary to ensure the prosecution and punishment of such persons.
ARTICLE 230.
The Turkish Government undertakes to hand over to the Allied Powers the persons whose surrender may be required by the latter as being responsible for the massacres committed during the continuance of the state of war on territory which formed part of the Turkish Empire on August 1, 1914.
The Allied Powers reserve to themselves the right to designate the tribunal which shall try the persons so accused, and the Turkish Government undertakes to recognise such tribunal.
In the event of the League of Nations having created in sufficient time a tribunal competent to deal with the said massacres, the Allied Powers reserve to themselves the right to bring the accused persons mentioned above before such tribunal, and the Turkish Government undertakes equally to recognise such tribunal.
The provisions of Article 228 apply to the cases dealt with in this Article.
PART VIII.
FINANCIAL CLAUSES.
ARTICLE 231.
Turkey recognises that by joining in the war of aggression which Germany and Austria-Hungary waged against the Allied Powers she has caused to the latter losses and sacrifices of all kinds for which she ought to make complete reparation.
On the other hand, the Allied Powers recognise that the resources of Turkey are not sufficient to enable her to make complete reparation.
In these circumstances, and inasmuch as the territorial rearrangements resulting from the present Treaty will leave to Turkey only a portion of the revenues of the former Turkish Empire, all claims against the Turkish Government for reparation are waived by the Allied Powers, subject only to the provisions of this Part and of Part IX (Economic Clauses) of the present Treaty.
The Allied Powers, desiring to afford some measure of relief and assistance to Turkey, agree with the Turkish Government that a Financial Commission shall be appointed consisting of one representative of each of the following Allied Powers who are specially interested, France, the British Empire and Italy, with whom there shall be associated a Turkish Commissioner in a consultative capacity. The powers and duties of this Commission are set forth in the following Articles.
ARTICLE 232.
The Financial Commission shall take such steps as in its judgment are best adapted to conserve and increase the resources of Turkey.
The Budget to be presented annually by the Minister of Finance to the Turkish Parliament shall be submitted, in the first instance, to the Financial Commission, and shall be presented to Parliament in the form approved by that Commission. No modification introduced by Parliament shall be operative without the approval of the Financial Commission.
The Financial Commission shall supervise the execution of the Budget and the financial laws and regulations of Turkey. This supervision shall be exercised through the medium of the Turkish Inspectorate of Finance, which shall be placed under the direct orders of the Financial Commission, and whose members will only be appointed with the approval of the Commission.
The Turkish Government undertakes to furnish to this Inspectorate all facilities necessary for the fulfilment of its task, and to take such action against unsuitable officials in the Financial Departments of the Government as the Financial Commission may suggest.
ARTICLE 233.
The Financial Commission shall, in addition, in agreement with the Council of the Ottoman Public Debt and the Imperial Ottoman Bank, undertake by such means as may be recognised to be opportune and equitable the regulation and improvement of the Turkish currency.
ARTICLE 234.
The Turkish Government undertakes not to contract any internal or external loan without the consent of the Financial Commission.
ARTICLE 235.
The Turkish Government engages to pay, in accordance with the provisions of the present Treaty, for all loss or damage, as defined in Article 236, suffered by civilian nationals of the Allied Powers, in respect of their persons or property, through the action or negligence of the Turkish authorities during the war and up to the coming into force of the present Treaty.
The Turkish Government will be bound to make to the European Commission of the Danube such restitutions, reparations and indemnities as may be fixed by the Financial Commission in respect of damages inHicted on the said European Commission of the Danube during the war.
ARTICLE 236.
All the resources of Turkey, except revenues conceded or hypothecated to the service of the Ottoman Public Debt (see Annex 1), shall be placed at the disposal of the Financial Commission, which shall employ them, as need arises, in the following manner:
(i) The first charge (after payment of the salaries and current expenses of the Financial Commission, and of the ordinary expenses of such Allied forces of occupation as may be maintained after the coming into force of the present Treaty in territories remaining Turkish) shall be the expenses of the Allied forces of occupation since October 30, 1918, in territory remaining Turkish, and the expenses of Allied forces of occupation in territories detached from Turkey in favour of a Power other than the Power which has borne the expenses of occupation.
The amount of these expenses and of the annuities by which they shall be discharged will be determined by the Financial Commission, which will so arrange the annuities as to enable Turkey to meet any deficiency that may arise in the sums required to pay that part of the interest on the Ottoman Public Debt for which Turkey remains responsible in accordance with this Part.
(ii) The second charge shall be the indemnity which the Turkish Government is to pay, in accordance with Article 235, on account of the claims of the Allied Powers for loss or damage suffered in respect of their persons or property by their nationals, (other than those who were Turkish nationals on August 1, 1914) as defined in Article 317, Part IX (Economic Clauses), through the action or negligence of the Turkish authorities during the war, due regard being had to the financial condition of Turkey and the necessity for providing for the essential expenses of its administration. The Financial Commission shall adjudicate on and provide for payment of all claims in respect of personal damage. The claims in respect to property shall be investigated, determined and paid in accordance with Article 287, Part IX (Economic Clauses). The Financial Commission shall fix the annuity to be applied to the settlement of claims in respect of persons as well as in respect of property, should the funds at the disposal of the Allied Powers in accordance with the said Article 287, be insufficient to meet this charge, and shall determine the currency in which the annuity shall be paid.
ARTICLE 237
Any hypothecation of Turkish revenues effected during the war in respect of obligations (including the internal debt) contracted by the Turkish Government during the war is hereby annulled.
ARTICLE 238.
Turkey recognises the transfer to the Allied Powers of any claims to payment or repayment which Germany, Austria, Bulgaria or Hungary may have against her, in accordance with Article 261 of the Treaty of Peace concluded at Versailles on June 28, 19l9, with Germany, and the corresponding Articles of the Treaties of Peace with Austria, Bulgaria and Hungary. The Allied Powers agree not to require from Turkey any pay ment in respect of claims so transferred.
ARTICLE 239.
No new concession shall be granted by the Turkish Government either to a Turkish subject or otherwise without the consent of the Financial Commission.
ARTICLE 240.
States in whose favour territory is detached from Turkey shall acquire without payment all property and possessions situated therein registered in the name of the Turkish Empire or of the Civil List.
ARTICLE 241.
States in whose favour territory has been detached from Turkey, either as a result of the Balkan Wars in 1913, or under the present Treaty, shall participate in the annual charge for the service of the Ottoman Public Debt contracted before November 1, 1914.
The Governments of the States of the Balkan Peninsula and the newly-created States in Asia in favour of whom such territory has been or is detached from Turkey shall give adequate guarantees for the payment of the share of the above annual charge allotted to them respectively.
ARTICLE 242.
For the purposes of this Part, the Ottoman Public Debt shall be deemed to consist of the Debt heretofore governed by the Decree of Mouharrem, together with such other loans as are enumerated in Annex I to this Part.
Loans contracted before November 1, 1914, will be taken into account in the distribution of the Ottoman Public Debt between Turkey, the States of the Balkan Peninsula and the new States set up in Asia.
This distribution shall be effected in the following manner:
(I) Annuities arising from loans prior to October 17, 19l2 (Balkan Wars), shall be distributed between Turkey and the Balkan States, including Albania, which receive or have received any Turkish territory.
(2) The residue of the annuities for which Turkey remains liable after this distribution, together with those arising from loans contracted by Turkey between October 17, 19l2, and November 1, 1914, shall be distributed between Turkey and the States in whose favour territory is detached from Turkey under the present Treaty.
ARTICLE 243
The general principle to be adopted in determining the amount of the annuity to be paid by each State will be as follows:
The amount shall bear the same ratio to the total required for the service of the Debt as the average revenue of the transferred territory bore to the average revenue of the whole of Turkey (including in each case the yield of the Customs surtax imposed in the year 1907) over the three financial years 1909-10, 1910-11, and 1911-12.
ARTICLE 244
The Financial Commission shall, as soon as possible after the coming into force of the present Treaty, determine in accordance with the principle laid down in Article 243 the amount of the annuities referred to in that Article, and communicate its decisions in this respect to the High Contracting Parties.
The Financial Commission shall fulfil the functions provided for in Article 134 of the Treaty of Peace concluded with Bulgaria on November 27, 19l9.
ARTICLE 245.
The annuities assessed in the manner above provided will be payable as from the date of the coming into force of the Treaties by which the respective territories were detached from Turkey, and, in the case of territories detached under the present Treaty from March 1, 1920; they shall continue to be payable (except as provided by Article 252) until the final liquidation of the Debt. They shall, however, be proportionately reduced as the loans constituting the Debt are successively extinguished.
ARTICLE 246.
The Turkish Government transfers to the Financial Commission all its rights under the provisions of the Decree of Mouharrem and subsequent Decrees.
The Council of the Ottoman Public Debt shall consist of the British, French and Italian delegates, and of the representative of the Imperial Ottoman Bank, and shall continue to operate as heretofore. It shall administer and levy all revenues conceded to it under the Decree of Mouharrem and all other revenues the management of which has been entrusted to it in accordance with any other loan contracts previous to November 1, 1914.
The Allied Powers authorise the Council to give administrative assistance to the Turkish Ministry of Finance, under such conditions as may be determined by the Financial Commission with the object of realising as far as possible the following programme:
The system of direct levy of certain revenues by the existing Administration of the Ottoman Public Debt shall, within limits to be prescribed by the Financial Commission, be extended as widely as possible and applied throughout the provinces remaining Turkish. On each new creation of revenue or of indirect taxes approved by the Financial Commission, the Commission shal consider thepossibility of entrusting the administration thereof to the Council of the Debt for the account of the Turkish Government.
The administration of the Customs shall be under a Director-General appointed by and revocable by the Financial Commission and answerable to it. No change in the schedule of the Customs charges shall be made except with the approval of the Financial Commission.
The Governments of France, Great Britain and Italy will decide, by a majority and after consulting the bondholders whether the Council should be maintained or replaced by the Financial Commission or the expiry of the present term of the Council. The decision of the Governments shall be taken at least six months before the date corresponding to the expiry of this period.
ARTICLE 247.
The Commission has authority to propose, at a later date, the substitution for the pledges at present granted to bondholders, in accordance with their contracts or existing decrees, of other adequate pledges, or of a charge on the general revenues of Turkey. The Allied Governments undertake to consider any proposals the Financial Commission might then have to make on this subject.
ARTICLE 248.
All property, movable and immovable, belonging to the Administration of the Ottoman Public Debt, wherever situate, shall remain integrally at the disposal of that body.
The Council of the Debt shall have power to apply the value of any realised property for the purpose of extraordinary amortisation either of the Unified Debt or of the Lots Turcs.
ARTICLE 249.
The Turkish Government agrees to transfer to the Financial Commission all its rights in the Reserve Funds and the Tripoli Indemnity Fund.
ARTICLE 250.
A sum equal to the arrears of any revenues heretofore affected to the service of the Ottoman Public Debt within the territories remaining Turkish, which should have been but have not been paid to the Council of the Debt, shall (except where such territories have been in the military occupation of Allied forces and for the time of such occupation) be paid to the Council of the Debt by the Turkish Government as soon as in the opinion of the Financial Commission the financial condition of Turkey shall permit.
ARTICLE 251.
The Council of the Debt shall review all the transactions of the Council which have taken place during the war. Any disbursements made by the Council which were not in accordance with its powers and duties, as defined by the Decree of Mouharrem or otherwise before the war, shall be reimbursed to the Council of the Debt by the Turkish Government so soon as in the opinion of the Financial Commission such payment is possible. The Council shall have power to review any action on the part of the Council during the war, and to annul any obligation which in its opinion is prejudicial to the interests of the bondholders, and which was not in accordance with the powers of the Council of the Debt.
ARTICLE 252.
Any of the States which under the present Treaty are to contribute to the annual charge for the service of the Ottoman Public Debt may, upon giving six months’ notice to the Council of the Debt, redeem such obligation by payment of a sum representing the value of such annuity capitalised at such rate of interest as may be agreed between the State concerned and the Council of the Debt. The Council of the Debt shall not have power to require such redemption.
ARTICLE 253.
The sums in gold to be transferred by Germany and Austria under the provisions of Article 259 (1), (2), (4) and (7) of the Treaty of Peace with Germany, and under Article 210 (1) of the Treaty of Peace with Austria, shall be placed at the disposal of the Financial Commission.
ARTICLE 254.
The sums to be transferred by Germany in accordance with Article 259 (3) of the Treaty of Peace with Germany shall be placed forthwith at the disposal of the Council of the Debt.
ARTICLE 255.
The Turkish Government undertakes to accept any decision that may be taken by the Allied Powers, in agreement when necessary with other Powers, regarding the funds of the Ottoman Sanitary Administration and the former Superior Council of Health, and in respect of the claim of the Superior Council of Health against the Turkish Government, as well as regarding the funds of the Lifeboat Service of the Black Sea and Bosphorus.
The Allied Powers hereby give authority to the Financial Commission to represent them in this matter.
ARTICLE 256.
The Turkish Government, in agreement with the Allied Powers, hereby releases the German Government from the obligation incurred by it during the war to accept Turkish Government currency notes at a specified rate of exchange in payment for goods to be exported to Turkey from Germany after the war.
ARTICLE 257.
As soon as the claims of the Allied Powers against the Turkish Government as laid down in this Part have been satisfied, and Ottoman pre-war Public Debt has been liquidated, the Financial Commission shall determine. The Turkish Government shall then consider in consultation with the Council of the League of Nations whether any further administrative advice and assistance should in the interests of Turkey be provided for the Turkish Government by the Powers, Members of the League of Nations, and, if so, in what form such advice and assistance shall be given.
ARTICLE 258.
(1) Turkey will deliver, in a seaworthy condition and in such ports of the Allied Powers as the Governments of the said Powers may determine all German ships transferred to the Turkish flag since August I, I9I4; these ships will be handed over to the Reparation Commission referred to in Article 233 of the Treaty of Peace with Germany, any transfer to a neutral flag during the war being regarded in this respect as void so far as concerns the Allied Powers.
(2) The Turkish Government will hand over at the same time as the ships referred to in paragraph (1) all papers and documents which the Reparation Commission referred to in the said paragraph may think necessary in order to ensure the complete transfer of the property in the vessels, free and quit of all liens, mortgages, encumbrances, charges or claims, whatever their nature.
The Turkish Government will effect any re-purchase or indemnisation which may be necessary. It will be the party responsible in the event of any proceedings for the recovery of, or in any claims against, the vessel to be handed over whatever their nature, the Turkish Government being bound in every case to guarantee the Reparation Commission referred to in paragraph (1) against any ejectment or proceedings upon any ground whatever arising under this head.
ARTICLE 259.
Without prejudice to Article 277, Part IX (Economic Clauses) of the present Treaty, Turkey renounces, so far as she is concerned, the benefit of any provisons of the Treaties of Brest-Litovsk and Bucharest or of the Treaties supplementary thereto.
Turkey undertakes to transfer either to Roumania or to the Principal Allied Powers, as the case may be, all monetary instruments, specie, securities and negotiable instruments or goods which she has received under the aforesaid Treaties.
ARTICLE 260.
The legislative measures required in order to give effect to the provisions of this Part will be enacted by the Turkish Government and by the Powers concerned within a period which must not exceed six months from the signature of the present Treaty.
ANNEX I:
THE OTTOMAN PRE-WAR PUBLIC DEBT. (NOVEMBER 5, 1914)
Go to Section I, Listing of Public Debt.
Go to Section II, Listing of Public Debt.
Go to Section III, Listing of Public Debt.
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.
(8) 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 companies controlled by Allied groups or nationals holding concessions granted before October 29, 1914, by the Turkish government or by any Turkish local authority in territory remaining Turkish under the present Treaty, or holding concessions which may be assigned to them by the Financial Commission in virtue of Article 294, shall be replaced by such Government or authorities in complete possession of the rights resulting from the original concession contract and any subsequent agreements prior to October 29, 1914. The Turkish Government undertakes to adapt such contracts or agreements to the new economic conditions, and to extend them for a period equal to the interval between October 29, 1914, and the coming into force of the present Treaty. In cases of dispute with the Turkish Government the matter shall be submitted to the Arbitral Commission referred to in Article 287.
All legislative or other provisions, all concessions and all agreements subsequent to October 29, 1914, and prejudicial to the rights referred to in the preceding paragraph shall be declared null and void by the Turkish Government.
The concessionnaires referred to in thls Article may, if the Financial Commission approves, abandon the whole or part of the compensation accorded to them by the Arbitral Commission under the conditions laid down in Article 287 for damage or loss suffered during the war, in exchange for contractual compensation.
ARTICLE 311 .
In territories detached from Turkey to be placed under the authority or tutelage of one of the Principal Allied Powers, Allied nationals and companies controlled by Allied groups or nationals holding concessions granted before October 29, 1914, by the Turkish Government or by any Turkish local authority shall continue in complete enjoyment of their duly acquired rights and the Power concerned shall maintain the guarantees granted or shall assign equivalent ones.
Nevertheless, any such Power, if it considers that the maintenance of any of these concessions would be contrary to the public interest, shall be entitled, within a period of six months from the date on which the territory is placed under its authority or tutelage, to buy out such concession or to propose modifications therein; in that event it shall be bound to pay to the concessionnaire equitable compensation in accordance with the following provisions.
If the parties cannot agree on the amount of such compensation, it will be determined by Arbitral Tribunals composed of three members, one designated by the State of which the concessionnaire or the holders of the majority of the capital in the case of a company is or are nationals, one by the Government exerising authority in the territory in question, and the third designated, failing agreement between the parties, by the Council of the League of Nations.
The Tribunal shall take into account, from both the legal and equitable standpoints, all relevant matters, on the basis of the maintenance of the contract adapted as indicated in the following paragraph.
The holder of a concession which is maintained in force shall have the right, within a period of six months after the expiration of the period specified in the second paragraph of this Article, to demand the adaptation of his contract to the new economic conditions, and in the absence of agreement direct with the Governrnent concerned the decision shall be referred to the Arbitral Commission provided for above.
ARTICLE 312.
In all territories detached from Turkey, either as a result of the Balkan Wars in 1913, or under the present Treaty, other than those referred to in Article 311, the State which definitively acquires the territory shall ipso facto succeed to the duties and charges of Turkey towards concessionnaires and holders of contracts, referred to in the first paragraph of Article 311, and shall maintain the guarantees granted or assign equivalent ones.
This succession shall take effect, in the case of each acquiring State, as from the coming into force of the Treaty under which the cession was effected. Such State shall take all necessary steps to ensure that the concessions may be worked and the carrying out of the contracts proceeded with without interruption.
Nevertheless, as from the coming into force of the present Treaty, negotiations may be entered into between the acquiring States and the holders of contracts or concessions, with a view to a mutual agreement for bringing such concessions and contracts into conformity with the legislation of such States and the new economic conditions. Should agreement not have been reached within six months, the State or the holders of the concessions or contracts may submit the dispute to an Arbitral Tribunal constituted as provided in Article 311.
ARTICLE 313.
The application of Articles 311 and 312 shall not give rise to any award of compensation in respect of the right to issue paper money.
ARTICLE 314.
The Allied Powers shall not be bound to recognise in territory detached from Turkey the validity of the grant of any concession granted by the Turkish Government or by Turkish local authorities after October 29, 1914, nor the validity of the transfer of any concession effected after that date. Any such concessions and transfers may be declared null and void, and their cancellation shall give rise to no compensation.
ARTICLE 315.
All concessions or rights in concessions granted by the Turkish Government since October 30, 1918, and all such concessions or rights granted since August 1, 1914, in favour of German, Austrian, Hungarian, Bulgarian or Turkish nationals or companies controlled by them, until the date of the coming into force of the present Treaty, are hereby annulled.
ARTICLE 316.
(a) Any company incorporated in accordance with Turkish law and operating in Turkey which is now or shall hereafter be controlled by Allied nationals shall have the right, within five years from the coming into force of the present Treaty, to transfer its property, rights and interests to another company incorporated in accordance with the law of one of the Allied Powers whose nationals control it; and the company to which the property, rights and interests are transferred shall continue to enjoy the same rights and privileges as the other company enjoyed under the laws of Turkey and the terms of the present Treaty, subject to meeting obligations previously incurred.
The Turkish Government undertakes to modify its legislation so as to allow companies of Allied nationality to hold concessions or contracts in Turkey.
(b) Any company incorporated in accordance with Turkish law and operating in territory detached from Turkey, which is now or hereafter shall be controlled by Allied nationals, shall, in the same way and within the same period, have the right to transfer its property, rights and interests to another company incorporated in accordance with the law either of the State exercising authority in the territory in question or of one of the Allied Powers whose nationals control it. The company to which the property, rights and interests are transferred shall continue to enjoy the same rights and privileges as the other company enjoyed, including those conferred on it by the present Treaty.
(c) In Turkey companies of Allied nationality to which the property, rights and interests of Turkish companies shall have been transferred in virtue of paragraph (a) of this Article, and, in territories detached from Turkey, companies of Turkish nationality controlled by Allied groups or nationals and companies of nationality other than that of the State exercising authority in the territory in question to which the property, rights and interests of Turkish companies shall have been transferred in virtue of paragraph (b) of this Article, shall not be subjected to legislative or other provisions or to taxes, imposts or charges more onerous than those applied in Turkey to similar companies possessing Turkish nationality, and in territory detached from Turkey to those possessing the nationality of the State exercising authority therein.
(d) The companies to which the property, rights and interests of Turkish companies are transferred in virtue of paragraphs (a) and (b) of this Article shall not be subjected to any special tax on account of this transfer.
SECTION VII.
GENERAL PROVISION.
ARTICLE 317.
The term “nationals of the Allied Powers,” wherever used in this Part or in Part VIII (Financial Clauses), covers:
(I) All nationals, including companies and associations, of an Allied Power or of a State or territory under the protectorate of an Allied Power;
(2) The protected persons of the Allied Powers whose certificate of protection was granted before August 1, 1914;
(3) Turkish financial, industrial and commercial companies controlled by Allied groups or nationals, or in which such groups or nationals possessed the preponderant interest on August 1, 1914
(4) Religious or charitable institutions and scholastic establishments in which nationals or protected persons of the Allied Powers are interested.
The Allied Powers will communicate to the Financial Comission, within one year from the coming into force of the present Treaty, the list of eompanies, institutions and establishments in which they consider that their nationals possess a preponderant interest or are interested.
PART X.
AERIAL NAVIGATION.
ARTICLE 318
The aircraft of the Allied Powers shall have full liberty of passage and landing over and in the territory and territorial waters of Turkey, and shall enjoy the same privileges as Turkish aircraft, particularly in case of distress by land or sea.
ARTICLE 319.
The aircraft of the Allied Powers shall, while in transit to any foreign country whatever, enjoy the right of flying over the territory and territorial waters of Turkey without landing, subject always to any regulations which may be made by Turkey with the assent of the Principal Allied Powers, and which shall be applicable equally to the aircraft of Turkey and to those of the Allied countries.
ARTICLE 320.
Al. aerodromes in Turkey open to national public traffic shall be open for the aircraft of the Allied Powers, and in any such aerodrome such aircraft shall be treated on a footing of equality with Turkish aircraft as regards charges of every description, including charges for landing and accommodation.
In addition to the above-mentioned aerodromes, Turkey undertakes to establish aerodromes in such localities as may be designated by the Allied Powers within one year from the coming into force of the present Treaty. The provisions of this Article will apply to such aerodromes.
The Allied Powers reserve the right, in the event of the provisions of this Article not being carried out, to take all necessary measures to permit of international aerial navigation over the territory and territorial waters of Turkey.
ARTICLE 321.
Subject to the present provisions, the rights of passage, transit and landing provided for in Articles 318, 319 and 320 are subject to the observance of such regulations as Turkey may consider it necessary to enact, but such regulations must be approved by the Principal Allied Powers and shall be applied without distinction to Turkish aircraft and to those of the Allied countries.
ARTICLE 322.
Certificates of nationality, air-worthiness or competency and licences, issued or recognised as valid by any of the Allied Powers, shall be recognised in Turkey as valid and as equivalent to the certificates and licences issued by Turkey.
ARTICLE 323.
As regards internal commercial air traffic the aircraft of the Allied Powers shall enjoy in Turkey most-favoured-nation treatment.
ARTICLE 324.
The benefit of the provisions of Articles 318 and 319 shall not, without the consent of the Allied Powers, be extended by Turkey to States which fought on her side in the war of 19l4-l919 so long as such States have not become Members of the League of Nations or been admitted to adhere to the Convention concluded at Paris on October 13, 1919, relating to Aerial Navigation.
ARTICLE 325.
No concession or rights in a concession relating to civil aerial navigation shall be granted by Turkey, without the consent of the Allied Powers, to nationals of States which fought on her side in the war of 1914-1919 so long as such States have not become Members of the League of Nations or been admitted to adhere to the Convention concluded at Paris on October 13, 1919, relating to Aerial Navigation.
ARTICLE 326.
Turkey undertakes to enforce the necessary measures to ensure that all Turkish aircraft flying over her territory shall comply with the rules as to lights and signals, rules of the air and rules for air traffic on and in the neighbourhood of aerodromes, which have been laid down in the Convention concluded at Paris on October 13, 19l9, relating to Aerial Navigation.
ARTICLE 327.
The obligations imposed by the provisions of this Part shall remain in force until Turkey shall have been admitted into the League of Nations or shall have been authorised, in accordance with the provisions of the Convention relating to Aerial Navigation concluded at Paris on October 13, 1919, to adhere to that Convention.
PART XI.
PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
ARTICLE 328.
Turkey undertakes to grant freedom of transit through her territories on the routes most convenient for international transit, either by rail, navigable waterway or canal, to persons, goods, vessels, carriages, wagons and mails coming from or going to the territories of any of the Allied Powers, whether contiguous or not; for this purpose the crossing of territorial waters shall be allowed. Such persons, goods, vessels, carriages, wagons and mails shall not be subjected to any transit duty or to any undue delays or restrictions, and shall be entitled in Turkey to national treatment as regards charges, facilities and all other matters.
Goods in transit shall be exempt from all customs or other similar duties.
All charges imposed on transport in transit shall be reasonable having regard to the conditions of the traffic. No charge, facility or restriction shall depend directly or indirectly on the ownership or the nationality of the ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.
ARTICLE 329.
Turkey undertakes neither to impose nor to maintain any control over transmigration traffic through her territories beyond measures necessary to ensure that passengers are bon fide in transit; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect infiuence over, any administrative service that may be necessary for this purpose.
ARTICLE 330.
Turkey undertakes to make no discrimination or preference, direct or indirect, in the duties, charges and prohibitions relating to importations into or exportations from her territories, or, subject to any special provisions in the present Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed, or on the kind, ownership or fiag of the means of transport (including aircraft) employed, or on the original or immediate place of departure of the vessel, wagon or aircraft or other means of transport employed, or its ultimate or intennediate destination, or on the route of or places of trans-shipment on the journey, or on whether any port through which the goods are imported or exported is a Turkish port or a port belonging to any foreign country, or en whether the goods are imported or exported by sea, by land or by air.
Turkey particularly undertakes not to establish against the ports and vessels of any of the Allied Powers any surtax or any direct or indirect bounty for export or import by Turkish ports or vessels, or by those of another Power, for example, by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied Powers shall not be subjected to any formality or delay whatever to which such persons or goods would not be subjected if they passed through a Turkish port or a port of any other Power, or used a Turkish vessel or a vessel of any other Power.
ARTICLE 331.
All necessary administrative and technical measures shall be taken to expedite, as much as possible, the transmission of goods across the Turkish frontiers and to ensure their forwarding and transport from such frontiers irrespective of whether such goods are coming from or going to the territories of the Allied Powers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care ent route as are enjoyed by other goods of the sarme kind carried on Turkish territory under similar conditions of transport .
In particular, the transport of perishable goods shall be promptly and regularly carried out, and the customs formalities shall be effected in such a way as to allow the goods to be carried straight through by trains which make connection.
ARTICLE 332.
The seaports of the Allied Powers are entitled to all favours and to all reduced tariffs granted on Turkish railways or navigable waterways for the benefit of Turkish ports (without prejudice to the rights of concessionaires) or of any port of another Power.
ARTICLE 333
Subject to the rights of concessionaires, Turkey may not refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of any of the Allied Powers advantages similar to those granted by Turkey to her own ports or the ports of any other Power.
SECTION II.
NAVIGATION.
CHAPTER 1.
FREEDOM OF NAVIGATION.
ARTICLE 334.
The nationals of any of the Allied Powers as well as their vessels and property shall enjoy in all Turkish ports and on the inland navigation routes of Turkey at least the same treatment in all respects as Turkish nationals, vessels and property.
In particular, the vessels of any one of the Allied Powers shall be entitled to transport goods of any description and passengers to or from any ports or places in Turkish territory to which Turkish vessels may have access, under conditions which shall not be more onerous than those applied in the case of national vessels, they shall be treated on a footing of equality with national vessels as regards port and harbour facilities and charges of every description, including facilities for stationing, loading and unloading, tonnage duties and charges, harbour, pilotage, lighthouse, quarantine and all analogous duties and charges of whatsoever nature levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind.
In the event of Turkey granting a preferential regime to any of the Allied Powers or to any other foreign Power, this regime shall be extended immediately and unconditionally to all the Allied Powers.
There shall be no restrictions on the movement of persons or vessels other than those arising from prescriptions concerning customs, police, public health, emigration, and immigration and those relating to the import and export of prohibited goods. Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.
CHAPTER II.
PORTS OF INTERNATIONAL CONCERN
ARTICLE 335.
The following Eastern ports are declared ports of international concern and placed under the regime defined in the following Articles of this section;
Constantinople, from St. Stefano to Dolma Bagtchi;
Haidar Pasha;
Smyrna;
Alexandretta;
Haifa;
Basra;
Trebizond (in the conditions laid down in Article 352);
Batum (subject to conditions to be subsequently fixed).
Free zones shall be provided in these ports.
Subject to any provisions to the contrary in the present Treaty, the regime laid down for the above ports shall not prejudice the territorial sovereignty.
(1) Navigation.
ARTICLE 336
In the ports declared of international concern the nationals goods and flags of all States Members of the League of Nations shall enjoy complete freedom in the use of the port. In this connection and in all respects they shall be treated on a footing of perfect equality, particularly as regards all port and quay facilities and charges, including facilities for berthing, loading and discharging, tonnage dues and charges, quay, pilotage, lighthouse, quarantine and all similar dues and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of every kind, no distinction being made between the nationals, goods and flags of the different States and those of the State under whose sovereignty or authority the port is placed.
There shall be no restrictions on the movement of persons or vessels other than those arising from regulations concerning customs, police, public health, emigration and immigration and those relating to the import and export of prohibited goods. Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.
(2) Dues and Charges.
ARTICLE 337.
All dues and charges for the use of the port or of its approaches, or for the use of facilities provided in the port, shall be levied under the conditions of equality prescribed in Article 336, and shall be reasonable both as regards their amount and their application, having regard to the expenses incurred by the port authority in the administration, upkeep and improvement of the port and of the approaches thereto, or in the interests of navigation.
Subject to the provisions of Article 54, Part III (Political Clauses) of the present Treaty all dues and charges other than those provided for in the present Article or in Articles 338, 342, or 343 are forbidden.
ARTICLE 338.
All customs, local octroi or consumption dues, duly authorised, levied on goods imported or exported through a port subject to the international regime shall be the same, whether the flag of the vessel which effected or is to effect the transport be the flag of the State exercising sovereignty or authority over the port or any other flag. In the absence of special circumstances justifying an exception on account of economic needs, such dues must be fixed on the same basis and at the same tariffs as similar duties levied on the other customs frontiers of the State concerned. All facilities which may be accorded by such State over other land or water routes or at other ports for the import or export of goods shall be equally granted to imports and exports through the port subject to the international regime. (3) Works.
ARTICLE 339.
In the absence of any special arrangement relative to the execution of works for maintaining and improving the port, it shall be the duty of the State under whose sovereignty or authority the port is placed to take suitable measures to remove any obstacle or danger to navigation and to secure facilities for the movements of ships in the port.
ARTICLE 340.
The State under whose sovereignty or authority the port is placed must not undertake any works liable to prejudice the facilities for the use of the port or of its approaches.
(4) Free Zones
. ARTICLE 341.
The facilities granted in a free zone for the erection or use of warehouses and for packing and unpacking goods shall be in accordance with trade requirements for the time being. All goods allowed to be consumed in the free zone shall be exempt from customs, excise and all other duties of any description whatsoever apart from the statistical duty provided for in Article 342. Unless otherwise provided in the present Treaty, it shall be within the discretion of the State under whose sovereignty or authority the port is placed to permit or to prohibit manufacture within the free zone. There shall be no discrimination in regard to any of the provisions of this Article either between persons belonging to different nationalities or between goods of different origin or destination.
ARTICLE 342.
No duties or charges, other than those provided for in Article 336, shall be levied on goods arriving in the free zone or departing therefrom, from whatever foreign country they come or for whatever foreign country they are destined, other than a statistical duty which shall not exceed 1 per mille ad valorem. The proceeds of this statistical duty shall be devoted exclusively to the maintenance of the service dealing with the statistics relating to the traffic of the free zone.
ARTICLE 343.
Subject to the provisions of Article 344, the duties referred to in Article 338 may be levied under the conditions laid down in that Article on goods coming from or going to the free zone on their importation into the territory of the State under whose sovereignty or authority the port is placed or on their exportation from such territory respectively.
ARTICLE 344.
Persons, goods, postal services, ships, vessels, carriages, wagons and other means of transport coming from or going to the free zone, and crossing the territory of the State under whose sovereignty or authority the port is placed, shall be deemed to be in transit across that State if they are going to or coming from the territory of any other State whatsoever.
(5) Dispute
ARTICLE 345.
Subject to the provisions contained in Article 61, Part III (Political Clauses), differences which may arise between interested States with regard to the interpretation or to the application of the dispositions contained in Articles 335 to 344, as well as, in general, any differences between interested States with regard to the use of the ports, shall be settled in accordance vvith the conditions laid down by the League of Nations.
Differences with regard to the execution of works liable to prejudice the facilities for the use of the port or of its approaches shall be dealt with by an accelerated procedure, and may be the object of an expression of opinion, or of a provisional decision which may prescribe the suspension or the immediate suppression of the said works, without prejudice to the ultimate opinion or decision in the case.
CHAPTER III.
CLAUSES RELATING TO THE MARITSA AND THE DANUBE
ARTICLE 346.
On a request being made by one of the riparian States to the Council of the League of Nations, the Maritsa shall be declared an international river, and shall be subject to the regime of international rivers laid down in Articles 332 to 338 of the Treaty of Peace concluded with Germany on June 28, 1919.
ARTICLE 347
On a request being made to the Council of the League of Nations by any riparian State, the Maritsa shall be placed under the administration of an International Commission, which shall comprise one representative of each riparian State and one representative of Great Britain, one of France and one of Italy.
ARTICLE 348.
Without prejudice to the provisions of Article 133, Part III (Political Clauses), Turkey hereby recognises and accepts all the dispositions relating to the Danube inserted in the Treaties of Peace concluded with Germany, Austria, Hungary and Bulgaria and the regime for that river resulting therefrom.
CHAPTER IV.
CLAUSES GIVING TO CERTAIN STATES THE USE OF CERTAIN PORTS.
ARTICLE 349
In order to ensure to Turkey free access to the Mediterranean and Agean Seas, freedom of transit is accorded to Turkey over the territories and in the ports detached from Turkey.
Freedom of transit is the freedom defined in Article 328, until such time as a General Convention on the subject shall have been concluded, whereupon the dispositions of the new Convention shall be substituted therefor.
Special conventions between the States or Administrations concerned will lay down, as regards Turkey with the assent of the Financial Commission, the conditions of the exercise of the right accorded above, and will settle in particular the method of using the ports and the free zones existing in them, the establishment of international (joint) services and tariffs, including through tickets and way-bills, and the application of the Convention of Berne of October 14, 1890, and its supplementary provisions, until its replacement by a new Convention.
Freedom of transit will extend to postal, telegraphic and telephonic services.
ARTICLE 350.
In the port of Smyrna Turkey will be accorded a lease in perpetuity, subject to determination by the League of Nations, of an area which shall be placed under the general regime of free zones laid down in Articles 341 to 344, and shall be used for the direct transit of goods coming from or going to that State.
The delimitation of the area referred to in the preceding paragraph, its connection with existing railways, its equipment and exploitation, and in general all the conditions of its utilisation, including the amount of the rental, shall be decided by a Commission consisting of one delegate of Turkey, one delegate of Greece, and one delegate appointed by the League of Nations. These conditions shall be susceptible of revision every ten years in the same manner.
ARTICLE 351.
Free access to the Black Sea by the port of Batum is accorded to Georgia, Azerbaijan and Persia, as well as to Armenia. This right of access will be exercised in the conditions laid down in Article 349.
ARTICLE 352.
Subject to the decision provided for in Article 89, Part III (Political Clauses), free access to the Black Sea by the port of Trebizond is accorded to Armenia. This right of access will be exercised in the conditions laid down in Article 349.
In that event Armenia will be accorded a lease in perpetuity, subject to determination by the League of Nations, of an area in the said port which shall be placed under the general regime of free zones laid down in Articles 34x to 344, and shall be used for the direct transit of goods coming from or going to that State.
The delimitation of the area referred to in the preceding paragraph, its connection with existing railways, its equipment and exploitation, and in general all the conditions of its utilisation, including the amount of the rental, shall be decided by a Commission consisting of one delegate of Armenia, one delegate of Turkey, and one delegate appointed by the League of Nations. These conditions shall be susceptible of revision every ten years in the same manner.
SECTION III .
RAILWAYS.
CHAPTER 1.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT
ARTICLE 353.
Subject to the rights of concessionaire companies, goods coming from the territories of the Allied Powers and going to Turkey and vice versa, or in transit through Turkey from or to the territories of the Allied Powers, shall enjoy on the Turkish railways as regards charges to be collected (rebates and drawbacks being taken into account), facilities and all other matters, the most favourable treatment applied to goods of the same kind carried on any Turkish lines, either in internal trafffic or for export, import or in transit, under similar conditions of transport, for example as regards length of route.
International tariffs established in acordance with the rates referred to in the preceding paragraph and involving through way bills shall be established when one of the Allied Powers shall require it from Turkey.
ARTICLE 354
From the coming into force of the present Treaty Turkey agrees, under the reserves indicated in the second paragraph of this Article, to subscribe to the conventions and arrangements signed at Berne on October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.
If within five years from the date of the coming into force of the present Treaty a new convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of October 14, 1890, and the subsequent additions referred to above, this new convention and the supplementary provisions for international transport by rail which may be based on it shall bind Turkey, even if she shall have refused to take part in the preparation of the convention or to subscribe to it. Until a new convention shall have been concluded, Turkey shall conform to the provisions of the Berne Convention and the subsequent additions referred to above, and to the current supplementary provisions.
ARTICLE 355.
Subject to the rights of concessionaire companies, Turkey shall be bound to co-operate in the establishment of through-ticket services (for passengers and their luggage) which shall be required by any of the Allied Powers to ensure their communication by rail with each other and with all other countries by transit across the territories of Turkey; in particular Turkey shall, for this purpose, accept trains and carriages coming from the territories of the Allied Powers and shall forward them with a speed at least equal to that of her best long-distance trains on the same lines. The rates applicable to such through services shall not in any case be higher than the rates collected on Turkish internal services for the same distance, under the same conditions of speed and comfort.
The tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the Allied Powers and using the Turkish railways shall not be at a higher kilometric rate than the most favourable tariffs (drawbacks and rebates being taken into account) enjoyed on the said railways by emigrants going to or coming from any other ports.
ARTICLE 356.
Turkey shall not apply specially to such through services, or to the transportation of emigrants going to or coming from the ports of the Allied Powers, any technical, fiscal or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such services.
ARTICLE 357
In case of transport partly by rail and partly by internal navigation, with or without through way-bill, the preceding Articles shall apply to the part of the journey performed by rail.
CHAPTER II.
ROLLING STOCK.
ARTICLE 358.
Turkey undertakes that Turkish wagons used for international traffic shall be fitted with apparatus allowing: (1) Of their inelusion in goods trains on the lines of such of the Allied Powers as are parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907, without hampering the action of the continuous brake which may be adopted in such countries within ten years of the coming into force of the present Treaty and
(2) Of the acceptance of wagons of such countries in all goods trains on the Turkish lines.
The rolling-stock of the Allied Powers shall enjoy on the Turkish lines the same treatment as Turkish rolling stock as regards movement, upkeep and repair.
CHAPTER III.
TRANSFERS OF RAILWAY LINES.
ARTICLE 359.
Subject to any special provisions concerning the transfer of ports and railways, whether owned by the Turkish Government or private companies, situated in the territories detached from Turkey under the present Treaty, and to the financial conditions relating to the concessionaires and the pensioning of the personnel, the transfer of railways will take place under the following conditions:
(1) The works and installations of all the railroads shall be left complete and in as good condition as possible.
(2) When a railway system possessing its own roiling stock is situated in its entirety in transferred territory, such stock shall be left complete with the railway, in accordance with the last inventory before October 30, 1918, and in a normal state of upkeep, Turkey being responsible for any losses due to causes within her control.
(3) As regards lines, the administration of which will in virtue of the present Treaty be divided, the distribution of the rolling stock shall be made by agreement between the administrations taking over the several parts thereof. This agreement shall have regard to the amount of the material registered on those lines in the last inventory before October 30, 1918, the length of track (sidings included) and the nature and amount of the trafffic. Failing agreement the points in dispute shall be settled by an arbitrator designated by the League of Nations who shall also, if necessary, specify the locomotives, carriages and wagons to be left on each section, the conditions of their acceptance, and such provisional arrangements as he may judge necessary to ensure for a limited period the current maintenance in existing workshops of the transferred stock.
(4) Stocks of stores, fittings and plant shall be left under the same conditions as the rolling stock.
ARTICLE 360.
The Turkish Government abandons whatever rights it possesses over the Hedjaz railway, and accepts such arrangements as shall be made for its working, and for the distribution of the property belonging to or used in connection with the railway, by the Governments concerned. In any such arrangements the special position of the railway from the religious point of view shall be fully recognised and safeguarded.
CHAPTER IV.
WORKING AGREEMENTS.
ARTICLE 361.
When, as a result of the fixing of new frontiers, a railway connection between two parts of the same country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, if not specifically provided for in the present Treaty, shall be laid down in a convention between the railway administrations concerned. If the administrations cannot come to an agreement as to the terms of such convention, the points of difference shall be decided by an arbitrator appointed as provided in Article 359.
The establishment of all new frontier stations between Turkey and the contiguous Allied States or new States, as well as the working of the lines between those stations, shall be settled by agreements similarly concluded.
ARTICLE 362
A standing conference of technical representatives nominated by the Governments concerned shall be constituted with powers to agree upon the necessary joint arrangements for through traffic working, wagon exchange, through rates and tariffs and other similar matters affecting railways situated on territory forming part of the Turkish Empire on August 1, 1914.
SECTION IV.
MISCELLANEOUS.
CHAPTER I.
HYDRAULIC SYSTEM.
ARTICLE 363
In default of any provision to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation inundation, irrigation, drainage or similar matters) in a State is dependent on works executed within the territory of another State, or when use is made on the territory of a State, in virtue of pre-war usage, of water or hydraulic power the source of which is on the territory of another State, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each of them.
Failing an agreement, the matter shall be regulated by an arbitrator appointed by the Council of the League of Nations.
CHAPTER II.
TELEGRAPHS AND TELEPHONES.
ARTICLE 364
Turkey undertakes on the request of any of the Allied Powers to grant facilities for the erection and maintenance of trunk telegraph and telephone lines across her territories.
Such facilities shall comprise the grant to any telegraph or telephone company nominated by any of the Allied Powers of the right:
(a) To erect a new line of poles and wires along any line of railway or other route in Turkish territory;
(b) To have access at all times to such poles and wires or wires placed by agreement on existing poles, and to take such steps as may be necessary to ma nta n them in good working order;
(c) To utilise the services of their own staff for the purpose of working such wires.
All questions relating to the establishment of such lines, especially as regards compensation to private individuals, shall be settled in the same conditions as are applied to telegraph or telephone lines established by the Turkish Government itself.
ARTICLE 365.
Notwithstanding any contrary stipulations in existing treaties, Turkey undertakes to grant freedom of transit for telegraphic eorrespondence and telephonic communications coming from or going to any one of the Allied Powers, whether contiguous with her or not, over such lines as may be most suitable for international transit and in accordance with the tariffs in force. This correspondence and these communications shall be subjected to no unnecessary delay or restriction; they shall enjoy in Turkey national treatment in regard to every kind of facility, and especially in regard to rapidity of transmission. No payment, facility or restriction shall depend directly or indirectly on the nationality of the transmitter or the addressee.
Where, in consequence of the provisions of the present Treaty, lines previously entirely on Turkish territory traverse the territory of more than one State, pending the revision of telegraph rates by a new international telegraphic convention, the through charges shall not be higher than they would have been if the whole of the territory traversed had remained under Turkish sovereignty, and the apportionment of the through charges between the States traversed shall be dealt with by agreement between the administrations concerned.
CHAPTER III.
SUBMARINE CABLES.
ARTICLE 366.
Turkey agrees to transfer the landing rights at Constantinople for the Constantinople-Constanza cable to any administration or company which may be designated by the Allied Powers.
ARTICLE 367.
Turkey renounces on her own behalf and on behalf of her nationals in favour of the Principal Allied Powers all rights, titles or privileges of whatever nature over the whole or part of the Jeddah-Suakin and Cyprus-Latakia submarine cables.
If the cables or portions thereof transferred under the preceding paragraph are privately owned, the value, calculated on the basis of the original cost less a suitable allowance for depreciation, shall be credited to Turkey.
CHAPTER IV.
EXECUTORY PROVISIONS.
ARTICLE 368.
Turkey shall carry out the instructions given her, in regard to transport, by an authorised body acting on behalf of the Allied Powers:
(I) For the carriage of troops under the provisions of the present Treaty, and of material, ammunition and supplies for army use;
(2) As a temporary measure, for the transportation of supplies for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport, and for the organisation of postal and telegraphic services.
SECTION V.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 369.
Unless otherwise specifically provided for in the present Treaty, disputes which may arise between interested Powers with regard to the interpretation and application of this Part of the present Treaty shall be settled as provided by the League of Nations.
ARTICLE 370.
At any time the League of Nations may recommend the revision of such of these Articles as relate to a permanent administrative regime.
ARTICLE 371.
The stipulations of Articles 328 to 334, 353 and 355 to 357 shall be subject to revision by the Council of the League of Nations at any time after three years from the coming into force of the present Treaty.
Subject to the provisions of Article 373 no Allied Power can claim the benefit of any of the stipulations of the Articles enumerated above on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations.
SECTION VI.
SPECIAL PROVISIONS.
ARTICLE 372.
Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied Powers, Turkey undertakes to adhere to any General Conventions regarding the international regime of transit, waterways, ports or railways which may be concluded, with the approval of the League of Nations, within five years of the coming into force of the present Treaty.
ARTICLE 373.
Unless otherwise expressly provided in the present Treaty, nothing in this Part shall prejudice more extensive rights conferred on the nationals of the Allied Powers by the Capitulations or by any arrangements which may be substituted therefor.
PART XII.
LABOUR.
See Part XIII, Treaty of Versailles, Pages 238-253.
PART XIII.
MISCELLANEOUS PROVISIONS.
ARTICLE 415.
Turkey undertakes to recognise and to accept the conventions made or to be made by the Allied Powers or any of them with any other Power as to the traffic in arms and in spirituous liquors, and also as to the other subjects dealt with in the General Acts of Berlin of February 26, 1885, and of Brussels of July 2, 1890, and the conventions completing or modifying the same.
ARTICLE 416.
The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco,defining the relations between France and the Principality.
ARTICLE 417.
Without prejudice to the provisions of the present Treaty, Turkey undertakes not to put forward directly or indirectly against any Allied Power any pecuniary claim based on events which occurred at any time before the coming into force of the present Treaty.
The present stipulation will bar completely and finally all claims of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.
ARTICLE 418.
Turkey accepts and recognises as valid and binding all decrees and orders concerning Turkish ships and goods and all orders relating to the payment of costs made by any Prize Court of any of the Allied Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any Turkish national.
The Allied Powers reserve the right to examine in such manner as they may determine all decisions and orders of Turkish Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers. Turkey agrees to furnish copies of all the documents constituing the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.
ARTICLE 419.
With a view to minimising the losses arising from the sinking of ships and cargoes in the course of the war, and to facilitating the recovery of ships and cargoes which can be salved and the adjustment of the private claims arising with regard thereto, the Turkish Government undertakes to supply all the information in its power which may be of assistance to the Governments of the Allied Powers or to their nationals with regard to vessels sunk or damaged by the Turkish naval forces during the period of hostilities.
ARTICLE 420.
Within six months from the coming into force of the present Treaty the Turkish Government must restore to the Governments of the Allied Powers the trophies, archives, historical souvenirs or works of art taken from the said Powers or their nationals, including companies and associations of every description controlled by such nationals, since October 29, 1914.
The delivery of the articles will be effected in such places and conditions as may be laid down by the Governments to which they are to be restored.
ARTICLE 421. The Turkish Government will, within twelve months from the coming into force of the present Treaty, abrogate the existing law of antiquities and take the necessary steps to enact a new law of antiquities which will be based on the rules contained in the Annex hereto, and must be submitted to the Financial Commission for approval before being submitted to the Turkish Parliament. The Turkish Government undertakes to ensure the execution of this law on a basis of perfect equality between all nations.
ANNEX.
1.
“Antiquity” means any construction or any product of human activity earlier than the year 1700.
2.
The law for the protection of antiquities shall proceed by encouragement rather than by threat.
Any person who, having discovered an antiquity without being furnished with the authorisation referred to in paragraph 5, reports the same to an official of the competent Turkish Department, shall be rewarded according to the value of the discovery.
3.
No antiquity may be disposed of except to the competent Turkish Department, unless this Department renounces the acquisition of any such antiquity.
No antiquity may leave the country without an export licence from the said Department.
4.
Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed.
5.
No clearing of ground or digging with the object of finding antiquities shall be permitted, under penalty of fine, except to persons authorised by the competent Turkish Department.
6.
Equitable terms shall be fixed for expropriation, temporary or permanent, of lands which might be of historical or archæological interest.
7
Authorisation to excavate shall only be granted to persons who show sufficient guarantees of archæological experience. The Turkish Government shall not, in granting these authorisations, act in such a way as to eliminate scholars of any nation without good grounds.
8.
The proceeds of excavations may be divided between the excavator and the competent Turkish Department in a proportion fixed by that Department. If division seems impossible for scientific reasons, the excavator shall receive a fair indemnity in lieu of a part of the find.
ARTICLE 422
All objects of religious, archæological, historical or artistic interest which have been removed since August 1, 1914, from any of the territories detached from Turkey will within twelve months from the coming into force of the present Treaty be restored by the Turkish Government to the Government of the territory from which such objects were removed.
If any such objects have passed into private ownership, the Turkish Government will take the necessary steps by expropriation or otherwise to enable it to fulfil its obligations under this Article.
Lists of the objects to be restored under this Article will be furnished to the Turkish Government by the Governments concerned within six months from the coming into force of the present Treaty.
ARTICLE 423.
The Turkish Government undertakes to preserve the books, documents and manuscripts from the Library of the Russian Archæological Institute at Constantinople which are now in its possession, and to deliver them to such authority as the Allied Powers, in order to safeguard the rights of Russia, reserve the right to designate. Pending such delivery the Turkish Government must allow all persons duly authorised by any of the Allied Powers to have free access to the said books, documents and manuscripts.
ARTICLE 424.
On the coming into force of the present Treaty, Turkey will hand over without delay to the Governments concerned archives, registers, plans, title-deeds and documents of every kind belonging to the civil, military, financial, judicial or other forms of administration in the transferred territories. If any one of these documents, archives, registers, title-deeds or plans is missing, it shall be restored by Turkey upon the demand of the Government concerned.
In case the archives, registers, plans, title-deeds or documents referred to in the preceding paragraph, exclusive of those of a military character, concern equally the administrations in Turkey, and cannot therefore be handed over without inconvenience to such administrations, Turkey undertakes, subject to reciprocity, to give access thereto to the Govermllents concerned.
The Turkish Government undertakes in particular to restore to the Greek Government the local land registers or any other public registers relating to landed property in the districts of the former Turkish Empire transferred to Greece since 1912, which the Turkish authorities removed or may have removed at the time of the evacuation.
In cases where the restitution of one or more of such registers is impossible owing to their disappearance or for any other reason, and whenever necessary for purposes of verification of titles produced to the Greek authorities, the Greek Government shall be entitled to take any necessary copies of the entries in the Central Land Registry at Constantinople.
ARTICLE 425.
Tlle Turkish Government undertakes, subject to reciprocity, to afford to the Governments exercising authority over territory detached from Turkey, or of which the existing status is recognised by Turkey under the present Treaty, access to any archives and documents of every description relating to the administration of Wakfs in such territory, or to particular Wakfs, wherever situated, in which persons or institutions established in such territory are interested.
ARTICLE 426.
All judicial decisions given in Turkey by a judge or court of an Allied Power between October 30, 1918, and the coming into force of the new judicial system referred to in Article 136, Part III (Political Clauses) shall be recognised by the Turkish Government, which undertakes if necessary to ensure the execution of such decisions.
ARTICLE 427.
Subject to the provisions of Article 46, Part III (Political Clauses) Turkey hereby agrees so far as concerns her territory as delimited in Article 27 to accept and to co-operate in the execution of any decisions taken by the Allied Powers, in agreement where necessary with other Powers, in relation to any matters previously dealt with by the Constantinople Superior Council of Health and the Turkish Sanitary Administration which was directed by the said Council.
ARTICLE 428.
As regards the territories detached from Turkey under the present Treaty, and in any territories which cease in accordance with the present Treaty to be under the suzerainty of Turkey, Turkey hereby agrees to accept any decisions in conformity with the principles enunciated below taken by the Allied Powers, in agreement where necessary with other Powers, in relation to any matters previously dealt with by the Constantinople Superior Council of Health or the Turkish Sanitary Administration which was directed by the said Council, or by the Alexandria Sanitary, Maritime and Quarantine Board.
The principles referred to in the preceding paragraph are as follows:
(a) Each Allied Power will be responsible for maintaining and conducting in accordance with the provisions of international sanitary conventions its own quarantine establishments in any territory detached from Turkey which is placed under its control, whether the Allied Power be in sovereign possession, or act as mandatory or protector, or be responsible for the administration, of the territory in question;
(b) Such measures for the sanitary control of the Hedjaz pilgrimage as have hitherto been carried out by, or under the direction of, the Constantinople Superior Council of Health or the Turkish Sanitary Administration, or by the Alexandria Sanitary, Maritime and Quarantine Board, will henceforth be undertaken by the Allied Powers under whose sovereignty, mandate, protection or responsibility will pass those territories in which the various quarantine stations and sanitary establishments necessary for the execution of such measures are situated. The measures will be in conformity with the provisions of international sanitary conventions, and in order to secure complete uniformity in their execution each Allied Power concerned in the sanitary control of the pilgrimage will be represented on a co-ordinating Pilgrimage Quarantine Committee placed under the supervision of the Council of the League of Nations.
ARTICLE 429.
The High Contracting Parties agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall in the event of an equality of votes be entitled to a second vote.
ARTICLE 430.
Except where otherwise provided in the present Treaty, in all cases where the Treaty provides for the settlement of a question affecting particularly certain States by means of a special Convention to be concluded between the States concerned, it is understood by the High Contracting Parties that difficulties arising in this connection shall, until Turkey is admitted to membership of the League of Nations, be settled by the Principal Allied Powers.
ARTICLE 431.
Subject to any special provisions of the present Treaty, at the expiration of a period of six months from its coming into force, the Turkish laws must have been modified and shall be maintained by the Turkish Government in conformity with the present Treaty.
Within the same period, all the administrative and other measures relating to the execution of the present Treaty must have been taken by the Turkish Government.
ARTICLE 432.
Turkey will remain bound to give every facility for any investigation which the Council of the League of Nations, acting if need be by a majority vote, may consider necessary, in any matters relating directly or indirectly to the application of the present Treaty.
ARTICLE 433.
The High Contracting Parties agree that Russia shall be entitled, on becoming a Member of the League of Nations, to accede to the present Treaty under such conditions as may be agreed upon between the Principal Allied Powers and Russia, and without prejudice to any rights expressly conferred upon her under the present Treaty.
The present Treaty, in French, in English, and in Italian, shall be ratified. In case of divergence the French text shall prevail, except in Parts I (Covenant of the League of Nations) and XII (Labour), where the French and English texts shall be of equal force. The deposit of ratifications shall be made at Paris as soon as possible.
Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.
A first procès-verbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Turkey on the one hand, and by three of the Principal Allied Powers on the other hand.
From the date of this first procès-verbal the Treaty will come into force between the High Contracting Parties who have ratified it.
For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.
In all other respects the Treaty will enter into force for each Power at the date of the deposit of its ratification.
The French Government will transmit to all the signatory Powers a certified copy of the procès-verbaux of the deposit of ratifications.
IN FAITH WHEREOF the above-named Plenipotentiaries have signed the present Treaty.
Done at Sevrès, the tenth day of August one thousand nine hundred and twenty, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the Signatory Powers.
(L. S.) GEORGE GRAHAME.
(L. S.) GEORGE H. PERLEY.
(L. S.) ANDREW FISHER.
(L. S.) GEORGE GRAHAME.
(L. S.) R. A. BLANKENBERG.
(L. S.) ARTHUR HIRTZEL.
(L. S.) A. MILLERAND.
(L. S.) F. FRANÇOIS-MARSAL.
(L. S.) JULES CAMBON. (L. S.) PALÉOLOGUE.
(L. S.) BONIN.
(L. S.) MARIETTI.
(L. S.) K:. MATSUI.
(L. S.) A. AHARONIAN.
(L. S.) J. VAN DEN HEUVEL.
(L. S.) ROLIN JAEQUEMYNS,
(L. S.) E. K. VENIZELOS.
(L. S.) A. ROMANOS.
(L. S.) MAURICE ZAMOYSKI.
(L. S.) ERASME PILTZ
(L. S.) AFFONSO COSTA.
(L. S.) D. J. GUIKA.
(L. S.) STEFAN OSUSKY.
(L. S.) HADI.
(I.. S.) DR. RIZA TEWFIK.
(L. S.) RÉCHAD HALISS.
Esta entrada fue modificada por última vez en 01/02/2013 12:15
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