SEVR ANTLAŞMASI / 2 - İNGİLİZCE TAM METİN
The Treaty of Sèvres, 1920
Section II, Articles 226-433
PART VII.
PENALTIES.
ARTICLE 226.
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 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.
ARTICLE 229.
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 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.
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 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.
ARTICLE 234.
ARTICLE 235.
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.
(i) The first charge (after payment of the salaries and current
expenses of the Financial Commission, and of the ordinary expenses of
such Allied forces of occupation as may be maintained after the coming
into force of the present Treaty in territories remaining Turkish)
shall be the expenses of the Allied forces of occupation since October
30, 1918, in territory remaining Turkish, and the expenses of Allied
forces of occupation in territories detached from Turkey in favour of
a Power other than the Power which has borne the expenses of occupation.
The amount of these expenses and of the annuities by which they
shall be discharged will be determined by the Financial Commission,
which will so arrange the annuities as to enable Turkey to meet any
deficiency that may arise in the sums required to pay that part of the
interest on the Ottoman Public Debt for which Turkey remains responsible
in accordance with this Part.
(ii) The second charge shall be the indemnity which the Turkish
Government is to pay, in accordance with Article 235, on account of
the claims of the Allied Powers for loss or damage suffered in respect
of their persons or property by their nationals, (other than those who
were Turkish nationals on August 1, 1914) as defined in Article 317,
Part IX (Economic Clauses), through the action or negligence of the
Turkish authorities during the war, due regard being had to the
financial condition of Turkey and the necessity for providing for the
essential expenses of its administration. The Financial Commission
shall adjudicate on and provide for payment of all claims in respect
of personal damage. The claims in respect to property shall be
investigated, determined and paid in accordance with Article 287,
Part IX (Economic Clauses). The Financial Commission shall fix the
annuity to be applied to the settlement of claims in respect of
persons as well as in respect of property, should the funds at the
disposal of the Allied Powers in accordance with the said Article 287,
be insufficient to meet this charge, and shall determine the currency
in which the annuity shall be paid.
ARTICLE 237.
ARTICLE 238.
ARTICLE 239.
ARTICLE 240.
ARTICLE 241.
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.
Loans contracted before November 1, 1914, will be taken into account
in the distribution of the Ottoman Public Debt between Turkey, the
States of the Balkan Peninsula and the new States set up in Asia.
This distribution shall be effected in the following manner:
(I) Annuities arising from loans prior to October 17, 19l2 (Balkan
Wars), shall be distributed between Turkey and the Balkan States,
including Albania, which receive or have received any Turkish territory.
(2) The residue of the annuities for which Turkey remains liable
after this distribution, together with those arising from loans
contracted by Turkey between October 17, 19l2, and November 1, 1914,
shall be distributed between Turkey and the States in whose favour
territory is detached from Turkey under the present Treaty.
ARTICLE 243.
The 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 fulfil the functions provided for in
Article 134 of the Treaty of Peace concluded with Bulgaria on November
27, 19l9.
ARTICLE 245.
ARTICLE 246.
The Council of the Ottoman Public Debt shall consist of the British,
French and Italian delegates, and of the representative of the Imperial
Ottoman Bank, and shall continue to operate as heretofore. It shall
administer and levy all revenues conceded to it under the Decree of
Mouharrem and all other revenues the management of which has been
entrusted to it in accordance with any other loan contracts previous
to November 1, 1914.
The Allied Powers authorise the Council to give administrative
assistance to the Turkish Ministry of Finance, under such conditions
as may be determined by the Financial Commission with the object of
realising as far as possible the following programme:
The system of direct levy of certain revenues by the existing
Administration of the Ottoman Public Debt shall, within limits to be
prescribed by the Financial Commission, be extended as widely as
possible and applied throughout the provinces remaining Turkish. On
each new creation of revenue or of indirect taxes approved by the
Financial Commission, the Commission shal consider thepossibility of
entrusting the administration thereof to the Council of the Debt for
the account of the Turkish Government.
The administration of the Customs shall be under a Director-General
appointed by and revocable by the Financial Commission and answerable
to it. No change in the schedule of the Customs charges shall be made
except with the approval of the Financial Commission.
The Governments of France, Great Britain and Italy will decide, by
a majority and after consulting the bondholders whether the Council
should be maintained or replaced by the Financial Commission or the
expiry of the present term of the Council. The decision of the Governments
shall be taken at least six months before the date corresponding to the
expiry of this period.
ARTICLE 247.
ARTICLE 248.
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.
ARTICLE 250.
ARTICLE 251.
ARTICLE 252.
ARTICLE 253.
ARTICLE 254.
ARTICLE 255.
The Allied Powers hereby give authority to the Financial Commission
to represent them in this matter.
ARTICLE 256.
ARTICLE 257.
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.
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.
ANNEX I:
THE OTTOMAN PRE-WAR PUBLIC DEBT. (NOVEMBER 5, 1914)
ANNEX II.
1. The Commission shall establish its own rules and procedure.
The Chairmanship shall be held annually by the French, British and
Italian Delegates in turn.
Each member shall have the right to nominate a deputy to act for
him in his absence.
Decisions shall be taken by the vote of the majority. Abstention
from voting will be treated as a vote against the proposal under
discussion.
The Commission shall appoint such agents and employees as it may
deem necessary for its work, with such emoluments and conditions of
service as it may think fit.
The costs and expenses of the Commission shall be paid by Turkey,
in conformity with the provisions of Article 236 (i.).
The salaries of the members of the Commission, as well as those of
its officials, shall be fixed on a reasonable scale by agreement from
time to time between the Governments represented on the Commission.
The members of the Commission shall enjoy the same rights and
immunities as are enjoyed in Turkey by duly accredited diplomatic
agents of friendly Powers.
2. Turkey undertakes to grant to the members, officials and agents
of the Commission full powers to visit and inspect at all reasonable
times any place, public works, or undertakings in Turkey, and to
furnish to the said Commission all records, documents and information
which it may require.
3. The Commission shall be entitled to assume, in agreement with
the Turkish Government and independently of any default of the latter
in fulfilling its obligations, the control, management and collection
of all indirect taxes.
4. No member of the Commission shall be responsible, except to the
Government appointing him, for any action or omission in the performance
of his duties. No one of the Allied Governments assumes any
responsisility in respect of any other Government.
5. The Commission shall publish annually detailed reports on its
work, its methods and its proposals for the financial reorganisation
of Turkey, as well as regarding its accounts for the period.
6. The Commission shall also take over any other duties which may
be assigned to it under the present Treaty or with the assent of the
Turkish Government.
PART IX.
ECONOMIC CLAUSES.
SECTION I.
COMMERCIAL RELATIONS.
ARTICLE 261.
ARTICLE 262.
ARTICLE 263.
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.
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.
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 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.
ARTICLE 268.
SECTION II.
TREATIES.
ARTICLE 269.
(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.
Postal Conventions:
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:
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.
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.
(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.
(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.
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.
ARTICLE 276.
The Allied Powers reserve the right to accept or not the enjoyment
of these rights and advantages.
ARTICLE 277.
ARTICLE 278.
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.
ARTICLE 280.
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.
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.
All rights in, or in respect of, such property which may have lapsed
by reason of any failure to accomplish any act, fulfil any formality,
or make any payment shall revive, but subject in the case of patents
and designs to the imposition of such conditions as each Allied Power
may deem reasonably necessary for the protection of persons who have
manufactured or made use of the subject-matter of such property while
the rights had lapsed. Furhter, where rights to patents or designs
belonging to Turkish nationals are revived under this Article, they
shall be sub]ect in respect of the grant of licences to the same
provisions as would have been applicable to them during the war, as
well as to all the provisions of the present Treaty.
The period from August 1, 1914, until the coming into force of the
present Treaty shall be excluded in considering the time within which
a patent should be worked or a trade-mark or design used, and it is
further agreed that no patent, registered trade-mark or design in force
on August 1, 1914, shall be subject to revocation or cancellation by
reason only of the failure to work such patent or use such trade-mark
or design for two years after the coming into force of the present
Treaty.
ARTICLE 283.
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.
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.
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.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 287.
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.
ARTICLE 289.
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.
ARTICLE 291.
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.
ARTICLE 293.
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.
ARTICLE 295.
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 proceeds of liquidation shall be disposed of in the manner
provided in Article 295.
ARTICLE 297.
ARTICLE 298.
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.
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.
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 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.
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.
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 304.
ARTICLE 305.
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.
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.
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.
ARTICLE 309.
ANNEX
I. General Provisions.
I. Within the meaning of Articles 304 to 306 and of the provisions
of this Annex, the parties to a contract shall be regarded as enemies
when trading between them became hnpossible in fact, or was prohibited
by or otherwise became unlawful under laws, orders or regulations to
which one of those parties was subject. They shall be deemed to have
become enemies from the date when such trading became impossible in
fact or was prohibited or otherwise became unlawful.
2. The following classes of contracts remain in force subject to the
application of domestic laws, orders or regulations made during the
war by the Allied Powers and subject to the terms of the contracts:
(a) Contracts having for their object the transfer of estates or
of real or personal property, where the property therein had passed or
the object had been delivered before the parties became enemies;
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;
(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
reinsurances 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.
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.
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.
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.
ARTICLE 314.
ARTICLE 315.
ARTICLE 316.
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.
(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.
ARTICLE 319.
ARTICLE 320.
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.
ARTICLE 322.
ARTICLE 323.
ARTICLE 324.
ARTICLE 325.
ARTICLE 326.
ARTICLE 327.
PART XI.
PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
ARTICLE 328.
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.
ARTICLE 330.
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.
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.
ARTICLE 333.
SECTION II.
NAVIGATION.
CHAPTER 1.
FREEDOM OF NAVIGATION.
ARTICLE 334.
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.
Constantinople, from St. Stefano to Dolma Bagtchi;
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.
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.
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.
3) Works.
ARTICLE 339.
ARTICLE 340.
ARTICLE 341.
ARTICLE 342.
ARTICLE 343.
ARTICLE 344.
(5) Dispute
ARTICLE 345.
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.
ARTICLE 347.
ARTICLE 348.
CHAPTER IV.
CLAUSES GIVING TO CERTAIN STATES THE USE OF CERTAIN PORTS.
ARTICLE 349.
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.
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.
ARTICLE 352.
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.
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.
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.
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.
ARTICLE 357.
CHAPTER II.
ROLLING STOCK.
ARTICLE 358.
(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.
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.
CHAPTER IV.
WORKING AGREEMENTS.
ARTICLE 361.
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.
SECTION IV.
MISCELLANEOUS.
CHAPTER I.
HYDRAULIC SYSTEM.
ARTICLE 363.
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.
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.
ll 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.
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.
ARTICLE 367.
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.
(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.
ARTICLE 370.
ARTICLE 371.
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.
ARTICLE 373.
See Part XIII, Treaty of Versailles, Pages 238-253.
ARTICLE 374.
CHAPTER V.
TRANSITORY PROVISIONS.
ARTICLE 375.
(1) 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 IV.
DISPUTES.
AND REVISION OF PERMANENT CLAUSES.
ARTICLE 376.
Disputes which may arise between interested Powers with regard to
the interpretation and application of the preceding Article shall be
settled as provided by the League of Nations.
ARTICLE 377.
ARTICLE 378.
Failing such revision, no Allied or Associated Power can claim after
the expiration of the above period of five years the benefit of any of
the stipulations in the Articles enumerated above on behalf of any
portion of its territories in which reciprocity is not accorded in
respect of such stipulations. The period of five years during which
reciprocity cannot be demanded may be prolonged by the Council of the
League of Nations.
ARTICLE 379.
SECTION VI.
CLAUSES RELATING TO THE KIEL CANAL.
ARTICLE 380.
ARTICLE 381.
ARTICLE 382.
Goods in transit may be placed under seal or in the custody of
customs agents; the loading and unloading of goods, and the embarkation
and disembarkation of passengers, shall only take place in the ports
specified by Germany.
ARTICLE 384.
ARTICLE 385.
In the event of violation of any of the conditions of Articles 380
to 386, or of disputes as to the interpretation of these Articles,
any interested Power can appeal to the jurisdiction instituted for the
purpose by the League of Nations.
In order to avoid a reference of small questions to the League of
Nations, Germany will establish a local authority at Kiel qualified to
deal with disputes in the first instance and to give satisfaction so
far as possible to complaints which may be presented through the
consular representatives of the interested Powers.
PART XII.
LABOUR.
ORGANISATION OF LABOUR.
Whereas the League of Nations has for its object the establishment
of universal peace, and such a peace can be established only if it is
based upon social justice;
And whereas conditions of labour exist involving such injustice,
hardship, and privation to large numbers of people as to produce
unrest so great that the peace and harmony of the world are imperilled;
and an improvement of those conditions is urgently required: as, for
example, by the regulation of the hours of work, including the
establishment of a maximum working day and week, the regulation of the
labour supply, the prevention of unemployment, the provision of an
adequate living wage, the protection of the worker against sickness,
disease and injury arising out of his employment, the protection of
children, young persons and women, provision for old age and injury,
protection of the interests of workers when employed in countries
other than their own recognition of the principle of freedom of
association, the organisation of vocational and technical education
and other measures;
Whereas also the failure of any nation to adopt humane conditions
of labour is an obstacle in the way of other nations which desire to
improve the conditions in their own countries;
The HIGH CONTRACTING PARTIES, moved by sentiments of justice and
humanity as well as by the desire to secure the permanent peace of the
world, agree to the following:
CHAPTER l.
ORGANISATION.
ARTICLE 387.
The original Members of the League of Nations shall be the original
Members of this organisation, and hereafter membership of the League
of Nations shall carry with it membership of the said organisation.
ARTICLE 388.
(1) a General Conference of Representatives of the Members and,
(2) an International Labour Office controlled by the Governing Body
described in Article 393.
ARTICLE 389.
The members undertake to nominate non-Government Delegates and
advisers chosen in agreement with the industrial organisations, if
such organisations exist, which are most representative of employers
or workpeople, as the case may be, in their respective countries.
Advisers shall not speak except on a request made by the Delegate
whom they accompany and by the special authorisation of the President
of the Conference, and may not vote.
The names of the Delegates and their advisers will be communicated
to the International Labour Office by the Government of each of the
Members.
ARTICLE 390.
If one of the Members fails to nominate one of the nonGovernment
Delegates whom it is entitled to nominate, the other non-Government
Delegate shall be allowed to sit and speak at the Conference, but not
to vote.
ARTICLE 391.
ARTICLE 392.
ARTICLE 393
The Governing Body of the International Labour Office shall be
constituted as follows:
Twelve persons representing the Governments;
Six persons elected by the Delegates to the Conference representing
the workers.
Of the twelve persons representing the Governments eight shall be
nominated by the Members which are of the chief industrial importance,
and four shall be nominated by the Members selected for the purpose by
the Government Delegates to the Conference, excluding the Delegates of
the eight Members mentioned above.
Any question as to which are the Members of the chief industrial
importance shall be decided by the Council of the League of Nations.
The period of office of the Members of the Governing Body will be
three years. The method of filling vacancies and other similar
questions may be determined by the Governing Body subject to the
approval of the Conference.
The Governing Body shall, from time to time, elect one of its members
to act as its Chairman, shall regulate its own procedure and shall fix
its own times of meeting. A special meeting shall be held if a written
request to that effect is made by at least ten members of the Governing
Body.
ARTICLE 394.
The Director or his deputy shall attend all meetings of the Governing
Body.
ARTICLE 395.
ARTICLE 396.
It will prepare the agenda for the meetings of the Conference.
It will carry out the duties required of it by the provisions of
this Part of the present Treaty in connection with international
disputes.
It will edit and publish in French and English, and in such other
languages as the Governing Body may think desirable, a periodical paper
dealing with problems of industry and employment of international
interest.
Generally, in addition to the functions set out in this Article, it
shall have such other powers and duties as may be assigned to it by the
Conference.
ARTICLE 397.
The International Labour Office shall be entitled to the assistance
of the Secretary-General of the League of Nations in any matter in
which it can be given.
ARTICLE 399.
All the other expenses of the International Labour Office and of the
meetings of the Conference or Governing Body shall be paid to the
Director by the Secretary-General of the League of Nations out of the
general funds of the League.
The Director shall be responsible to the Secretary-General of the
League for the proper expenditure of all moneys paid to him in pursuance
of this Article.
CHAPTER II.
PROCEDURE.
ARTICLE 400.
ARTICLE 401.
ARTICLE 402.
Items to which such objection has been made shall not, however, be
excluded from the agenda, if at the Conference a majority of two-thirds
of the votes cast by the Delegates present is in favour of
considering them.
If the Conference decides (otherwise than under the preceding
paragraph) by two-thirds of the votes cast by the Delegates present
that any subject shall be considered by the Conference, that subject
shall be included in the agenda for the following meeting.
ARTICLE 403.
Except as otherwise expressly provided in this Part of the present
Treaty, all matters shall be decided by a simple majority of the votes
cast by the Delegates present.
The voting is void unless the total number of votes cast is equal
to half the number of the Delegates attending the Conference.
ARTICLE 404.
ARTICLE 405.
In framing any recommendation or draft convention of general
application the Conference shall have due regard to those countries in
which climatic conditions, the imperfect development of industrial
organisation or other special circumstances make the industrial
conditions substantially different and shall suggest the modifications,
if any, which it considers may be required to meet the case of such
countries.
A copy of the recommendation or draft convention shall be
authenticated by the signature of the President of the Conference and
of the Director and shall be deposited with the Secretary- General of
the League of Nations. The Secretary-General will communicate a
certified copy of the recommendation or draft convention to each of
the members.
In the case of a recommendation, the Members will inform the
Secretary-General of the action taken.
In the case of a draft convention, the Member will, if it obtains
the consent of the authority or authorities within whose competence
the matter lies, communicate the formal ratification of the convention
to the Secretary-General and will take such action as may be necessary
to make effective the provisions of such convention.
If on a recommendation no legislative or other action is taken to
make a recommendation effective, or if the draft convention fails to
obtain the consent of the authority or authorities within whose
competence the matter lies, no further obligation shall rest upon the
Member.
In the case of a federal State, the power of which to enter into
conventions on labour matters is subject to limitations, it shall be
in the discretion of that Government to treat a draft convention to
which such limitations apply as a recommendation only, and the
provisions of this Article with respect to recommendations shall apply
in such case.
The above Article shall be interpreted in accordance with the
following principle:
In no case shall any Member be asked or required, as a result of
the adoption of any recommendation or draft convention by the Conference,
to lessen the protection afforded by its existing legislation to the
workers concerned.
ARTICLE 406.
If any convention coming before the Conference for final
consideration fails to secure the support of two-thirds of the votes
cast by the Delegates present, it shall nevertheless be within the
right of any of the Members of the Permanent Organisation to agree to
such convention among themselves.
Any convention so agreed to shall be communicated by the Governments
concerned to the Secretary-General of the League of Nations, who shall
register it.
ARTICLE 408.
ARTICLE 409.
ARTICLE 410.
ARTICLE 411.
The Governing Body may, if it thinks fit, before referring such a
complaint to a Commission of Enquiry, as hereinafter provided for,
communicate with the Government in question in the manner described in
Article 409.
If the Governing Body does not think it necessary to communicate the
complaint to the Government in question, or if, when they have made
such communication, no statement in reply has been received within a
reasonable time which the Governing Body considers to be satisfactory,
the Governing Body may apply for the appointment of a Commission of
Enquiry to consider the complaint and to report thereon.
The Governing Body may adopt the same procedure either of its own
motion or on receipt of a complaint from a Delegate to the Conference.
When any matter arising out of Articles 410 or 411 is being considered
by the Governing Body, the Government in question shall, if not already
represented thereon, be entitled to send a representative to take part
in the proceedings of the Governing Body while the matter is under
consideration. Adequate notice of the date on which the matter will be
considered shall be given to the Government in question.
The Commission of Enquiry shall be constituted in accordance with
the following provisions:
Each of the Members agrees to nominate within six months of the date
on which the present Treaty comes into force three persons of
industrial experience, of whom one shall be a representative of
employers, one a representative of workers, and one a person of
independent standing, who shall together form a panel from which the
Members of the Commission of Enquiry shall be drawn.
The qualifications of the persons so nominated shall be subject to
scrutiny by the Governing Body, which may be two-thirds of the votes
cast by the representatives present refuse to accept the nomination of
any person whose qualifications do not in its Opinion comply with the
requirements of the present Article.
Upon the application of the Governing Body, the Secretary-General of
the League of Nations shall nominate three persons one from each
section of this panel, to constitute the Commission of Enquiry, and
shall designate one of them as the President of the Commission. None
of these three persons shall be a person nominated to the panel by any
Member directly concerned in the complaint.
ARTICLE: 413.
ARTICLE 414.
It shall also indicate in this report the measures, if any, of an
economic character against a defaulting Government which it considers
to be appropriate, and which it considers other Governments would be
justified in adopting.
PART XIII.
MISCELLANEOUS PROVISIONS.
ARTICLE 415.
ARTICLE 416.
ARTICLE 417.
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.
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.
ARTICLE 420.
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.
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.
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.
ARTICLE 424.
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.
ARTICLE 426.
ARTICLE 427.
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.
ARTICLE 430.
ARTICLE 431.
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.
ARTICLE 433.
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.
> LOZAN BARIŞ ANTLAŞMASI - TAM METİN < >NUTUK'TA LOZAN BARIŞI < > LOZAN BARIŞI < >1. DÜNYA SAVAŞI ANTLAŞMALARI - İNGİLİZCE TAM METİNLER < > İÇİNDEKİLER <
(from: The Treaties of Peace 1919-1923, Vol. II, Carnegie Endowment
for International Peace, New York, 1924.)
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.
Persons guilty of criminal acts against the nationals of one of
the Allied Powers shall be brought before the military tribunals of
that Power.
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.
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.
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 Financial Commission shall take such steps as in its judgment
are best adapted to conserve and increase the resources of Turkey.
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.
The Turkish Government undertakes not to contract any internal or
external loan without the consent of the Financial Commission.
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.
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:
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.
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.
No new concession shall be granted by the Turkish Government either
to a Turkish subject or otherwise without the consent of the Financial
Commission.
States in whose favour territory is detached from Turkey shall
acquire without payment all property and possessions situated therein
registered in the name of the Turkish Empire or of the Civil List.
States in whose favour territory has been detached from Turkey,
either as a result of the Balkan Wars in 1913, or under the present
Treaty, shall participate in the annual charge for the service of the
Ottoman Public Debt contracted before November 1, 1914.
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.
The general principle to be adopted in determining the amount of
the annuity to be paid by each State will be as follows:
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 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.
The Turkish Government transfers to the Financial Commission all
its rights under the provisions of the Decree of Mouharrem and
subsequent Decrees.
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.
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 Turkish Government agrees to transfer to the Financial Commission
all its rights in the Reserve Funds and the Tripoli Indemnity Fund.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
Go to Section I, Listing of Public Debt.
Go to Section II, Listing of Public Debt.
Go to Section III, Listing of Public Debt.
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.
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.
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.
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.
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.
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, 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.
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.
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:
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.
Conventions and Agreements of the Universal Postal Union concluded
at Vienna on July 4, 1891.
International Telegraphic Conventions signed at St. Petersburg on
July 10/22, 1875.
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.
Turkey undertakes:
Turkey undertakes to adhere to the conventions and arrangements
hereinafter mentioned, or to ratify them:
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.
Turkey recognises that all the treaties, conventions or agreements
which she has concluded with Germany, Austria, Bulgaria or Hungary
since August 1, 1914, until the coming into force of the present Treaty
are and remain abrogated by the present Treaty.
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.
Turkey recognises that all treaties, conventions or arrangements
which she concluded with Russia, or with any State or Government of
which the territory previously formed a part of Russia, before August 1,
1914, or after that date until the coming into force of the present
Treaty, or with Roumania after August 15, 1916, until the coming into
force of the present Treaty, are and remain abrogated.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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 Turkish Government undertakes to compensate its nationals in
respect of the sale or retention of their property, rights or interests
in Allied countries.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
(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.
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were fair and
reasonable.
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.
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.
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.
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.
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.
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.
(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 term "nationals of the Allied Powers," wherever used in this
Part or in Part VIII (Financial Clauses), covers:
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.
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.
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.
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.
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.
As regards internal commercial air traffic the aircraft of the
Allied Powers shall enjoy in Turkey most-favoured-nation treatment.
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.
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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
The following Eastern ports are declared ports of international
concern and placed under the regime defined in the following Articles
of this section;
Haidar Pasha;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Turkey undertakes that Turkish wagons used for international traffic
shall be fitted with apparatus allowing:
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.
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.
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.
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.
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.
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.
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.
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.
Turkey shall carry out the instructions given her, in regard to
transport, by an authorised body acting on behalf of the Allied Powers:
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.
At any time the League of Nations may recommend the revision of
such of these Articles as relate to a permanent administrative regime.
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.
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.
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.
ARTICLE 374 TO
ARTICLE 414 ARE FROM TREATY OF VERSAILLES.
Germany undertakes to accept, within ten years of the coming into
force of the present Treaty, on request being made by the Swiss
Government after agreement with the Italian Government, the
denunciation of the International Convention of October l3, 1909,
relative to the St. Gothard railway. In the absence of agreement as to
the conditions of such denunciation, Germany hereby agrees to accept
the decision of an arbitrator designated by the United States of
America.
Germany shall carry out the instructions given her, in regard to
transport, by an authorised body acting on behalf of the Allied and
Associated Powers:
At any time the League of Nations may recommend the revision of
such of these Articles as relate to a permanent administrative regime.
The stipulations in Articles 321 to 330, 332, 365, and 367 to 369
shall be subject to revision by the Council of the League of Nations
at any time after five years from the coming into force of the present
Treaty.
Without prejudice to the special obligations imposed on her by the
present Treaty for the benefit of the Allied and Associated Powers,
Germany undertakes to adhere to any General Conventions regarding the
international regime of transit, waterways, ports or railways which
may be concluded by the Allied and Associated Powers, with the approval
of the League of Nations, within five years of the coming into force of
the present Treaty.
The nationals, property and vessels of all Powers shall, in respect
of charges, facilities, and in all other respects, be treated on a
footing of perfect equality in the use of the Canal, no distinction
being made to the detriment of nationals, property and vessels of any
Power between them and the nationals, property and vessels of Germany
or of the most favoured nation.
Only such charges may be levied on vessels using the Canal or its
approaches as are intended to cover in an equitable manner the cost of
maintaining in a navigable condition, or of improving, the Canal or
its approaches, or to meet expenses incurred in the interests of
navigation. The schedule of such charges shall be calculated on the
basis of such expenses, and shall be posted up in the ports.
No charges of any kind other than those provided for in the present
Treaty shall be levied along the course or at the approaches of the
Kiel Canal.
Germany shall be bound to take suitable measures to remove any
obstacle or danger to navigation, and to ensure the maintenance of
good conditions of navigation. She shall not undertake any works of
a nature to impede navigation on the Canal or its approaches.
A permanent organisation is hereby established for the promotion
of the objects set forth in the Preamble.
The permanent organisation shall consist of:
The meetings of the General Conference of Representatives of the
Members shall be held from time to time as occasion may require, and
at least once in every year. It shall be composed of four Representatives
of each of the Members, of whom two shall be Government Delegates and
the two others shall be Delegates representing respectively the
employers and the workpeople of each of the Members.
Every Delegate shall be entitled to vote individually on all
matters which are taken into consideration by the Conference.
The meetings of the Conference shall be held at the seat of the
League of Nations, or at such other place as may be decided by the
Conference at a previous meeting by two-thirds of the votes cast by
the Delegates present.
The International Labour Office shall be established at the seat
of the League of Nations as part of the organisation of the League.
The International Labour Office shall be under the control of a
Governing Body consisting of twenty-four persons, appointed in
accordance with the following provisions:
There shall be a Director of the International Labour Office, who
shall be appointed by the Governing Body, and, subject to the
instructions of the Governing Body, shall be responsible for the
efficient conduct of the International Labour Office and for such other
duties as may be assigned to him.
The staff of the International Labour Office shall be appointed by
the Director who shall, so far as is possible with due regard to the
efficiency of the work of the Office, select persons of different
nationalities A certain number of these persons shall be women.
The functions of the International Labour Office shall include the
collection and distribution of information on all subjects relating to
the international adjustment of conditions of industrial life and
labour, and particularly the examination of subjects which it is
proposed to bring before the Conference with a view to the conclusion
of international conventions, and the conduct of such special
investigations as may be ordered by the Conference.
The Government Departments of any of the Members which deal with
questions of industry and employment may communicate directly with the
Director through the Representative of their Government on the
Governing Body of the International Labour Office, or failing any such
Representative, through such other qualified official as the Government
may nominate for the purpose.
Each of the Members will pay the travelling and subsistence expenses
of its Delegates and their advisers and of its Representatives attending
the meetings of the Conference or Governing Body, as the case may be.
The agenda for all meetings of the Conference will be settled by
the Governing Body, who shall consider any suggestion as to the agenda
that may be made by the Government of any of the Members or by any
representative organisation recognised for the purpose of Article 389.
The Director shall act as the Secretary of the Conference, and
shall transmit the agenda so as to reach the Members four months before
the meeting of the Conference, and, through them, the non- Government
Delegates when appointed.
Any of the Governments of the Members may formally object to the
inclusion of any item or items in the agenda. The grounds for such
objection shall be set forth in a reasoned statement addressed to the
Director, who shall circulate it to all the Members of the Permanent
Organisation.
The Conference shall regulate its own procedure, shall elect its
own President, and may appoint committees to consider and report on
any matter.
The Conference may add to any committees which it appoints technical
experts, who shall be assessors without power to vote.
When the Conference has decided on the adoption of proposals with
regard to an item in the agenda, it will rest with the Conference to
determine whether these proposals should take the form: (a) of a
recommendation to be submitted to the Members for consideration with
a view to effect being given to it by national legislation or otherwise,
or (b) of a draft international convention for ratification by the
Members.
Any convention so ratified shall be registered by the
Secretary-General of the League of Nations, but shall only be binding
upon the Members which ratify it.
Each of the Members agrees to make an annual report to the
International Labour Office on the measures which it has taken to give
effect to the provisions of conventions to which it is a party. These
reports shall be made in such form and shall contain such particulars
as the Governing Body may request. The Director shall lay a summary of
these reports before the next meeting of the Conference.
In the event of any representation being made to the International
Labour Office by an industrial association of employers or of workers
that any of the members has failed to secure in any respect the
effective observance within its jurisdiction of any convention to which
it is a party, the Governing Body may communicate this representation
to the Government against which it is made and may invite that
Government to make such statement on the subject as it may think fit.
If no statement is received within a reasonable time from the
Government in question, or if the statement when received is not deemed
to be satisfactory by the Governing Body, the latter shall have the
right to publish the representation and the statement, if any, made in
reply to it.
Any of the Members shall have the right to file a complaint with
the International Labour Office if it is not satisfied that any other
Member is securing the effective observance of any convention which
both have ratified in accordance with the foregoing Articles.
The Members agree that, in the event of the reference of a
complaint to a Commission of Enquiry under Article 411, they will each,
whether directly concerned in the complaint or not, place at the
disposal of the Commission all the information in their possession
which bears upon the subject-matter of the complaint.
When the Commission of Enquiry has fully considered the complaint,
it shall prepare a report embodying its findings on all questions of
fact relevant to determining the issue between the parties and
containing such recommendations as it may think proper as to the steps
which should be taken to meet the complaint and the time within which
they should be taken.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
The 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.
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.
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.
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.
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.
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.
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.
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.
(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.
(L. S.) DR. RIZA TEWFIK.
(L. S.) RÉCHAD HALISS.