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The Treaty was signed between the Allied and Associated Powers and
Turkey at Sevres on August 10, 1920.
The Treaty is divided into 13 parts with the following contents and
articles:
- The Covenant of the League of Nations 1-26
- Frontiers ot Turkey 27-35
- Political Clauses 36-139
- Protection of Minorities 140-151
- Military, Naval and Air Clauses 152-207
- Prisoners of War and Graves 208-225
- Penalties 226-230
- Financial Clauses 231-260
- Economic Clauses 261-317
- Aerial Navigation 318-327
- Ports, Waterways and Railways 328-373
- Labour (Part XIII of Versailles Treaty) 374-414
- Miscellaneous Provisions 415-433
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;
His 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;
His 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;
His 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, official relations will exist between
the Allied Powers and Turkey.
PART I.
THE COVENANT OF THE LEAGUE OF NATIONS.
ARTICLES 1 TO 26 AND ANNEX
See Part I, Treaty of Versailles, Pages 10-23.
PART II.
FRONTIERS OF TURKEY.
ARTICLE 27.
I. In Europe, the frontiers of Turkey will
be laid down as follows:
1. The Black Sea: from the entrance of the Bosphorus to the point
described below.
2. With Greece:
From a point to be chosen on the Black Sea near the mouth of the Biyuk
Dere, situated about 7 kilometres north-west of Podima, south-westwards to
the most north-westerly point of the limit of the basin of the Istranja
Dere (about 8 kilometres northwest of Istranja), a line to be fixed on the
ground passing through Kapilja Dagh and Uchbunar Tepe;
thence south-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-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 38.
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.
To
Table 2
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:
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:
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:
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.
© 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:
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;
© 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:
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:
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:
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 favor 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 favor 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 favor
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 program:
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.
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 recognizes 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 recognizes 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 281.
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. Further, where rights to patents or
designs belonging to Turkish nationals are revived under this Article,
they shall be subject in respect of the grant of licenses 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.
1.
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 bonâ 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.
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