Treaty of Peace Between The Allied & Associated Powers
and Turkey
Signed at Sevres - August 10, 1920
Note: Includes Peace Treaty of Versailles 28 June, 1919.
The Treaty of Sevres, 1920
(from: The Treaties of Peace 1919-1923, Vol. II, Carnegie Endowment
for International Peace, New York, 1924.)
Section I, Articles 1-260
THE TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS
AND TURKEY
SIGNED AT SEVRES
AUGUST 10, 1920
THE BRITISH EMPIRE, FRANCE, ITALY AND JAPAN,
These Powers being described in the present Treaty as the Principal
Allied Powers;
ARMENIA, BELGIUM, GREECE, THE HEDJAZ, POLAND, PORTUGAL, ROUMANIA, THE
SERB-CROAT-SLOVENE STATE AND CZECHO-SLOVAKIA,
These Powers constituting, with the Principal Powers mentioned above,
the Allied Powers, of the one part;
AND TURKEY,
of the other part;
Whereas on the request of the Imperial Ottoman Government an Armistice
was granted to Turkey on October 30, 1918, by the Principal Allied
Powers in order that a Treaty of Peace might be concluded, and
Whereas the Allied Powers are equally desirous that the war in which
certain among them were successively involved, directly or indirectly,
against Turkey, and which originated in the declaration of war against
Serbia on July 28, I914, by the former Imperial and Royal
Austro-Hungarian Government, and in the hostilities opened by Turkey
against the Allied Powers on October 29, 1914, and conducted by
Germany in alliance with Turkey, should be replaced by a firm, just
and durable Peace,
For this purpose the HIGH CONTRACTING PARTIES have appointed as their
Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND
AND OF THE BRITISH DOMINIONS BEYOND TIIE SEAS, EMPEROR OF INDIA:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the DOMINION of CANADA:
The Honourable Sir George Halsey PERLEY, K.C. M. G
High Commissioner for Canada in the United Kingdom;
for the COMMONWEALTH of AUSTRALIA:
The Right Honourable Andrew FISHER, High Commissioner for Australia in
the United Kingdom;
for the DOMINION of NEW ZEALAND:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the UNION of SOUTH AFRICA:
Mr. Reginald Andrew BLANKENBERG, O. B. E., Acting High Commissioner
for the Union of South Africa in the United Kingdom;
for INDIA:
Sir Arthur HIRTZEL, K. C. B., Assistant Under Secretary of State for India;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Alexandre MILLERAND, President of the Council, Minister for Foreign Affairs
Mr. Frederic FRANCOIS-MARSAL, Minister of Finance
Mr. Auguste Paul-Louis ISAAC, Minister of Commerce and Industry;
Mr. Jules CAMBON, Ambassador of France
Mr. Georges Maurice PALEOLOGUE, Ambassador of France, Secretary-General
of the Ministry of Foreign Affairs;
Hls MAJESTY THE KING OF ITALY:
Count LELIO BONIN LONGARE, Senator of the Kingdom
Ambassador Extraordinary and Plenipotentiary of H. M. the King of
Italy at Paris
General Giovanni MARIETTI, Italian Military Representative on the
Supreme War Council;
Hls MAJESTY THE EMPEROR OF JAPAN:
Viscount CHINDA, Ambassador Extraordinary and Plenipotentiary of
H. M. the Emperor of Japan at London;
Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of
H. M. the Emperor of Japan at Paris;
ARMENIA:
Mr. Avetis AHARONIAN, President of the Delegation of the Armenian Republic;
HIS MAJESTY THE KING OF THE BELGIANS:
Mr. Jules VAN DEN HEUVEL, Envoy Extraordinary and Minister Plenipotentiary,
Minister of State;
Mr. ROLIN JAEQUEMYNS, Member of the Institute of Private International
Law, Secretary-General of the Belgian Delegation;
HIS MAJESTY THE KING OF THE HELLENES:
Mr. Eleftherios K. VENIZELOS, President of the Council of Ministers;
Mr. Athos ROMANOS, Envoy Extraordinary and Minister Plenipotentiary of
H. M. the King of the Hellenes at Paris;
HIS MAJESTY THE KING OF THE HEDJAZ:
THE PRESIDENT OF THE POLISH REPUBLIC:
Count Maurice ZAMOYSKI, Envoy Extraordinary and Minister Plenipotentiary
of the Polish Republic at Paris;
Mr. Erasme PILTZ;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
Dr. Affonso da COSTA, formerly President of the Council of Ministers;
His MAJESTY THE KING OF ROUMANIA:
Mr. Nicolae TITULESCU, Minister of Finance;
Prince DIMITRIE GHIKA, Envoy Extraordinary and Minister Plenipotentiary
of H. M. the King of Roumania at Paris;
Hls MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:
Mr. Nicolas P. PACHITCH, formerly President of the Council of Ministers;
Mr. Ante TRUMBIC, Minister for Foreign Affairs;
THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC:
Mr. Edward BENES, Minister for Foreign Affairs;
Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary
of the Czecho-Slovak Republic at London;
TURKEY:
General HAADI Pasha, Senator;
RIZA TEVFIK Bey, Senator;
RECHAD HALISS Bey, Envoy Extraordinary and Minister Plenipotentiary of
Turkey at Berne; WHO, having communicated their full powers, found in
good and due form, have AGREED AS FOLLOWS:
From the coming into force of the present Treaty the state of war will
terminate.
From that moment and subject to the provisions of the present Treaty,
officiai relations will exist between the Allied Powers and Turkey.
PART I.
THE COVENANT OF THE LEAGUE OF NATIONS.
ARTICLES 1 TO 26 AND ANNEX
See Part I, Treaty of Versailles, Pages 10-23.
[ Groong Note: We include this reference to the Versailles Treaty
in the Sevres Treaty here, in indented form, as it is an
integral and legally binding part of the treaty. ]
Peace Treaty of Versailles 28 June, 1919
Articles 1 - 26 and Annex The Covenant of the League of Nations
------------------------------------------------------------------------
THE COVENANT OF THE LEAGUE OF NATIONS.
THE HIGH CONTRACTING PARTIES, In order to promote international co-
operation and to achieve international peace and security by the
acceptance of obligations not to resort to war by the prescription of
open, just and honourable relations between nations by the firm
establishment of the understandings of international law as the actual
rule of conduct among Governments, and by the maintenance of justice
and a scrupulous respect for all treaty obligations in the dealings of
organised peoples with one another Agree to this Covenant of the
League of Nations.
ARTICLE 1.
The original Members of the League of Nations shall be those of the
Signatories which are named in the Annex to this Covenant and also
such of those other States named in the Annex as shall accede without
reservation to this Covenant. Such accession shall be effected by a
Declaration deposited with the Secretariat within two months of the
coming into force of the Covenant Notice thereof shall be sent to all
other Members of the League. Any fully self- governing State,
Dominion, or Colony not named in the Annex may become a Member of the
League if its admission is agreed to by two- thirds of the Assembly
provided that it shall give effective guarantees of its sincere
intention to observe its international obligations, and shall accept
such regulations as may be prescribed by the League in regard to its
military, naval, and air forces and armaments. Any Member of the
League may, after two years' notice of its intention so to do,
withdraw from the League, provided that all its international
obligations and all its obligations under this Covenant shall have
been fulfilled at the time of its withdrawal.
ARTICLE 2.
The action of the League under this Covenant shall be effected through
the instrumentality of an Assembly and of a Council, with a permanent
Secretariat.
ARTICLE 3.
The Assembly shall consist of Representatives of the Members of the
League. The Assembly shall meet at stated intervals and from time to
time as occasion may require at the Seat of the League or at such
other place as may be decided upon. The Assembly may deal at its
meetings with any matter within the sphere of action of the League or
affecting the peace of the world. At meetings of the Assembly each
Member of the League shall have one vote, and may not have more than
three Representatives.
ARTICLE 4.
The Council shall consist of Representatives of the Principal Allied
and Associated Powers, together with Representatives of four other
Members of the League. These four Members of the League shall be
selected by the Assembly from time to time in its discretion. Until
the appointment of the Representatives of the four Members of the
League first selected by the Assembly, Representatives of Belgium,
Brazil, Spain, and Greece shall be members of the Council. With the
approval of the majority of the Assembly, the Council may name
additional Members of the League whose Representatives shall always be
members of the Council; the Council with like approval may increase
the number of Members of the League to be selected by the Assembly for
representation on the Council. The Council shall meet from time to
time as occasion may require, and at least once a year, at the Seat of
the League, or at such other place as may be decided upon. The Council
may deal at its meetings with any matter within the sphere of action
of the League or affecting the peace of the world. Any Member of the
League not represented on the Council shall be invited to send a
Representative to sit as a member at any meeting of the Council during
the consideration of matters specially affecting the interests of that
Member of the League. At meetings of the Council, each Member of the
League represented on the Council shall have one vote, and may have
not more than one Representative.
ARTICLE 5.
Except where otherwise expressly provided in this Covenant or by the
terms of the present Treaty, decisions at any meeting of the Assembly
or of the Council shall require the agreement of all the Members of
the League represented at the meeting. All matters of procedure at
meetings of the Assembly or of the Council, including the appointment
of Committees to investigate particular matters, shall be regulated by
the Assembly or by the Council and may be decided by a majority of the
Members of the League represented at the meeting. The first meeting of
the Assembly and the first meeting of the Council shall be summoned by
the President of the United States of America.
ARTICLE 6.
The permanent Secretariat shall be established at the Seat of the
League. The Secretariat shall comprise a Secretary General and such
secretaries and staff as may be required. The first Secretary General
shall be the person named in the Annex; thereafter the Secretary
General shall be appointed by the Council with the approval of the
majority of the Assembly. The secretaries and staff of the Secretariat
shall be appointed by the Secretary General with the approval of the
Council. The Secretary General shall act in that capacity at all
meetings of the Assembly and of the Council. The expenses of the
Secretariat shall be borne by the Members of the League in accordance
with the apportionment of the expenses of the International Bureau of
the Universal Postal Union.
ARTICLE 7.
The Seat of the League is established at Geneva. The Council may at
any time decide that the Seat of the League shall be established
elsewhere. All positions under or in connection with the League,
including he Secretariat, shall be open equally to men and
women. Representatives of the Members of the League and officials of
he League when engaged on the business of the League shall enjoy
diplomatic privileges and immunities. The buildings and other property
occupied by the League or its officials or by Representatives
attending its meetings shall be inviolable.
ARTICLE 8.
The Members of the League recognise that the maintenance of peace
requires the reduction of national armaments to the lowest point
consistent with national safety and the enforcement by common action
of international obligations. The Council, taking account of the
geographical situation and circumstances of each State, shall
formulate plans for such reduction for the consideration and action of
the several Governments. Such plans shall be subject to
reconsideration and revision at least every ten years. After these
plans shall have been adopted by the several Governments, the limits
of armaments therein fixed shall not be exceeded without the
concurrence of the Council. The Members of the League agree that the
manufacture by private enterprise of munitions and implements of war
is open to grave objections. The Council shall advise how the evil
effects attendant upon such manufacture can be prevented, due regard
being had to the necessities of those Members of the League which are
not able to manufacture the munitions and implements of war necessary
for their safety. The Members of the League undertake to interchange
full and frank information as to the scale of their armaments, their
military, naval, and air programmes and the condition of such of their
industries as are adaptable to war-like purposes.
ARTICLE 9.
A permanent Commission shall be constituted to advise the Council on
the execution of the provisions of Articles 1 and 8 and on military,
naval, and air questions generally.
ARTICLE 10.
The Members of the League undertake to respect and preserve as against
external aggression the territorial integrity and existing political
independence of all Members of the League. In case of any such
aggression or in case of any threat or danger of such aggression the
Council shall advise upon the means by which this obligation shall be
fulfilled.
ARTICLE 11.
Any war or threat of war, whether immediately affecting any of the
Members of the League or not, is hereby declared a matter of concern
to the whole League, and the League shall take any action that may be
deemed wise and effectual to safeguard the peace of nations. In case
any such emergency should arise the Secretary General shall on the
request of any Member of the League forthwith summon a meeting of the
Council. It is also declared to be the friendly right of each Member
of the League to bring to the attention of the Assembly or of the
Council any circumstance whatever affecting international relations
which threatens to disturb international peace or the good
understanding between nations upon which peace depends.
ARTICLE 12.
The Members of the League agree that if there should arise between
them any dispute likely to lead to a rupture, they will submit the
matter either to arbitration or to inquiry by the Council, and they
agree in no case to resort to war until three months after the award
by the arbitrators or the report by the Council. In any case under
this Article the award of the arbitrators shall be made within a
reasonable time, and the report of the Council shall be made within
six months after the submission of the dispute.
ARTICLE 13.
The Members of the League agree that whenever any dispute shall arise
between them which they recognise to be suitable for submission to
arbitration and which cannot be satisfactorily settled by diplomacy,
they will submit the whole subject-matter to arbitration. Disputes as
to the interpretation of a treaty, as to any question of international
law, as to the existence of any fact which if established would
constitute a breach of any international obligation, or as to the
extent and nature of the reparation to be made or any such breach, are
declared to be among those which are generally suitable for submission
to arbitration. For the consideration of any such dispute the court of
arbitration to which the case is referred shall be the Court agreed on
by the parties to the dispute or stipulated in any convention existing
between them. The Members of the League agree that they will carry out
in full good faith any award that may be rendered, and that they will
not resort to war against a Member of the League which complies
therewith. In the event of any failure to carry out such an award, the
Council shall propose what steps should be taken to give effect
thereto.
ARTICLE 14.
The Council shall formulate and submit to the Members of the League
for adoption plans for the establishment of a Permanent Court of
International Justice. The Court shall be competent to hear and
determine any dispute of an international character which the parties
thereto submit to it. The Court may also give an advisory opinion upon
any dispute or question referred to it by the Council or by the
Assembly.
ARTICLE 15.
If there should arise between Members of the League any dispute likely
to lead to a rupture, which is not submitted to arbitration in
accordance with Article 13, the Members of the League agree that they
will submit the matter to the Council. Any party to the dispute may
effect such submission by giving notice of the existence of the
dispute to the Secretary General, who will make all necessary
arrangements for a full investigation and consideration thereof. For
this purpose the parties to the dispute will communicate to the
Secretary General, as promptly as possible, statements of their case
with all the relevant facts and papers, and the Council may forthwith
direct the publication thereof. The Council shall endeavour to effect
a settlement of the dispute, and if such efforts are successful, a
statement shall be made public giving such facts and explanations
regarding the dispute and the terms of settlement thereof as the
Council may deem appropriate. If the dispute is not thus settled, the
Council either unanimously or by a majority vote shall make and
publish a report containing a statement of the facts of the dispute
and the recommendations which are deemed just and proper in regard
thereto Any Member of the League represented on the Council may make
public a statement of the facts of the dispute and of its conclusions
regarding the same. If a report by the Council is unanimously agreed
to by the members thereof other than the Representatives of one or
more of the parties to the dispute, the Members of the League agree
that they will not go to war with any party to the dispute which
complies with the recommendations of the report. If the Council fails
to reach a report which is unanimously agreed to by the members
thereof, other than the Representatives of one or more of the parties
to the dispute, the Members of the League reserve to themselves the
right to take such action as they shall consider necessary for the
maintenance of right and justice. If the dispute between the parties
is claimed by one of them, and is found by the Council, to arise out
of a matter which by international law is solely within the domestic
jurisdiction of that party, the Council shall so report, and shall
make no recommendation as to its settlement. The Council may in any
case under this Article refer the dispute to the Assembly. The dispute
shall be so referred at the request of either party to the dispute,
provided that such request be made within fourteen days after the
submission of the dispute to the Council. In any case referred to the
Assembly, all the provisions of this Article and of Article 12
relating to the action and powers of the Council shall apply to the
action and powers of the Assembly, provided that a report made by the
Assembly, if concurred in by the Representatives of those Members of
the League represented on the Council and of a majority of the other
Members of the League, exclusive in each case of the Representatives
of the parties to the dispute shall have the same force as a report by
the Council concurred in by all the members thereof other than the
Representatives of one or more of the parties to the dispute.
ARTICLE 16.
Should any Member of the League resort to war in disregard of its
covenants under Articles 12, 13, or 15, it shall ipso facto be deemed
to have committed an act of war against all other Members of the
League, which hereby undertake immediately to subject it to the
severance of all trade or financial relations, the prohibition of all
intercourse between their nations and the nationals of the
covenant-breaking State, and the prevention of all financial,
commercial, or personal intercourse between the nationals of the
covenant-breaking State and the nationals of any other State, whether
a Member of the League or not. It shall be the duty of the Council in
such case to recommend to the several Governments concerned what
effective military, naval, or air force the Members of the League
shall severally contribute to the armed forces to be used to protect
the covenants of the League. The Members of the League agree, further,
that they will mutually support one another in the financial and
economic measures which are taken under this Article, in order to
minimise the loss and inconvenience resulting from the above measures,
and that they will mutually support one another in resisting any
special measures aimed at one of their number by the covenant breaking
State, and that they will take the necessary steps to afford passage
through their territory to the forces of any of the Members of the
League which are co-operating to protect the covenants of the
League. Any Member of the League which has violated any covenant of
the League may be declared to be no longer a Member of the League by a
vote of the Council concurred in by the Representatives of all the
other Members of the League represented thereon.
ARTICLE 17.
In the event of a dispute between a Member of the League and a State
which is not a Member of the League, or between States not Members of
the League, the State or States, not Members of the League shall be
invited to accept the obligations of membership in the League for the
purposes of such dispute, upon such conditions as the Council may deem
just. If such invitation is accepted, the provisions of Articles 12 to
16 inclusive shall be applied with such modifications as may be deemed
necessary by the Council. Upon such invitation being given the Council
shall immediately institute an inquiry into the circumstances of the
dispute and recommend such action as may seem best and most effectual
in the circumstances. If a State so invited shall refuse to accept the
obligations of membership in the League for the purposes of such
dispute, and shall resort to war against a Member of the League, the
provisions of Article 16 shall be applicable as against the State
taking such action. If both parties to the dispute when so invited
refuse to accept the obligations of membership in the League for the
purpose of such dispute, the Council may take such measures and make
such recommendations as will prevent hostilities and will result in
the settlement of the dispute.
ARTICLE 18.
Every treaty or international engagement entered into hereafter by any
Member of the League shall be forthwith registered with the
Secretariat and shall as soon as possible be published by it. No such
treaty or international engagement shall be binding until so
registered.
ARTICLE 19.
The Assembly may from time to time advise the reconsideration by
Members of the League of treaties which have become inapplicable and
the consideration of international conditions whose continuance might
endanger the peace of the world.
ARTICLE 20.
The Members of the League severally agree that this Covenant is
accepted as abrogating all obligations or understandings inter se
which are inconsistent with the terms thereof, and solemnly undertake
that they will not hereafter enter into any engagements inconsistent
with the terms thereof. In case any Member of the League shall, before
becoming a Member of the League, have undertaken any obligations
inconsistent with the terms of this Covenant, it shall be the duty of
such Member to take immediate steps to procure its release from such
obligations.
ARTICLE 21.
Nothing in this Covenant shall be deemed to affect the validity of
international engagements, such as treaties of arbitration or regional
understandings like the Monroe doctrine, for securing the maintenance
of peace.
ARTICLE 22.
To those colonies and territories which as a consequence of the late
war have ceased to be under the sovereignty of the States which
formerly governed them and which are inhabited by peoples not yet able
to stand by themselves under the strenuous conditions of the modern
world, there should be applied the principle that the well-being and
development of such peoples form a sacred trust of civilisation and
that securities for the performance of this trust should be embodied
in this Covenant. The best method of giving practical effect to this
principle is that the tutelage of such peoples should be entrusted to
advanced nations who by reason of their resources, their experience or
their geographical position can best undertake this responsibility,
and who are willing to accept it, and that this tutelage should be
exercised by them as Mandatories on behalf of the League. The
character of the mandate must differ according to the stage of the
development of the people, the geographical situation of the
territory, its economic conditions, and other similar circumstances.
Certain communities formerly belonging to the Turkish Empire have
reached a stage of development where their existence as independent
nations can be provisionally recognised subject to the rendering of
administrative advice and assistance by a Mandatory until such time as
they are able to stand alone. The wishes of these communities must be
a principal consideration in the selection of the Mandatory. Other
peoples, especially those of Central Africa, are at such a stage that
the Mandatory must be responsible for the administration of the
territory under conditions which will guarantee freedom of conscience
and religion, subject only to the maintenance of public order and
morals, the prohibition of abuses such as the slave trade, the arms
traffic, and the liquor traffic, and the prevention of the
establishment of fortifications or military and naval bases and of
military training of the natives for other than police purposes and
the defence of territory, and will also secure equal opportunities for
the trade and commerce of other Members of the League. There are
territories, such as South-West Africa and certain of the South
Pacific Islands, which, owing to the sparseness of their population,
or their small size, or their remoteness from the centres of
civilisation, or their geographical contiguity to the territory of the
Mandatory, and other circumstances, can be best administered under the
laws of the Mandatory as integral portions of its territory, subject
to the safeguards above mentioned in the interests of the indigenous
population. In every case of mandate, the Mandatory shall render to
the Council an annual report in reference to the territory committed
to its charge. The degree of authority, control, or administration to
be exercised by the Mandatory shall, if not previously agreed upon by
the Members of the League, be explicitly defined in each case by the
Council. A permanent Commission shall be constituted to receive and
examine the annual reports of the Mandatories and to advise the
Council on all matters relating to the observance of the mandates.
ARTICLE 23.
Subject to and in accordance with the provisions of international
conventions existing or hereafter to be agreed upon, the Members of
the League: (a) will endeavour to secure and maintain fair and humane
conditions of labour for men, women, and children, both in their own
countries and in all countries to which their commercial and
industrial relations extend, and for that purpose will establish and
maintain the necessary international organisations; (b) undertake to
secure just treatment of the native inhabitants of territories under
their control; =A9 will entrust the League with the general
supervision over the execution of agreements with regard to the
traffic in women and children, and the traffic in opium and other
dangerous drugs; (d) will entrust the League with the general
supervision of the trade in arms and ammunition with the countries in
which the control of this traffic is necessary in the common interest;
(e) will make provision to secure and maintain freedom of
communications and of transit and equitable treatment for the commerce
of all Members of the League. In this connection, the special
necessities of the regions devastated during the war of 1914-1918
shall be borne in mind; (f) will endeavour to take steps in matters of
international concern for the prevention and control of disease.
ARTICLE 24.
There shall be placed under the direction of the League all
international bureaux already established by general treaties if the
parties to such treaties consent. All such international bureaux and
all commissions for the regulation of matters of international
interest hereafter constituted shall be placed under the direction of
the League. In all matters of international interest which are
regulated by general conventions but which are not placed under the
control of international bureaux or commissions, the Secretariat of
the League shall, subject to the consent of the Council and if desired
by the parties, collect and distribute all relevant information and
shall render any other assistance which may be necessary or
desirable. The Council may include as part of the expenses of the
Secretariat the expenses of any bureau or commission which is placed
under the direction of the League.
ARTICLE 25.
The Members of the League agree to encourage and promote the
establishment and co-operation of duly authorised voluntary national
Red Cross organisations having as purposes the improvement of health,
the prevention of disease, and the mitigation of suffering throughout
the world.
ARTICLE 26.
Amendments to this Covenant will take effect when ratified by the
Members of the League whose representatives compose the Council and by
a majority of the Members of the League whose Representatives compose
the Assembly. No such amendment shall bind any Member of the League
which signifies its dissent therefrom, but in that case it shall cease
to be a Member of the League.
ANNEX.
I. ORIGINAL MEMBERS OF THE LEAGUE OF NATIONS SIGNATORIES OF THE TREATY
OF PEACE.
UNITED STATES OF AMERICA, BELGIUM, BOLIVIA, BRAZIL, BRITISH EMPIRE,
CANADA, AUSTRALIA, SOUTH AFRICA, NEW ZEALAND, INDIA, CHINA, CUBA,
ECUADOR, FRANCE, GREECE, GUATEMALA, HAITI, HEDJAZ, HONDURAS, ITALY,
JAPAN, LIBERIA, NICARAGUA, PANAMA, PERU, POLAND, PORTUGAL, ROUMANIA,
SERB-CROAT-SLOVENE STATE, SIAM, CZECHO-SLOVAKIA, URUGUAY
STATES INVITED TO ACCEDE TO THE COVENANT.
ARGENTINE REPUBLIC, CHILE, COLOMBIA, DENMARK, NETHERLANDS, NORWAY,
PARAGUAY, PERSIA, SALVADOR, SPAIN, SWEDEN, SWITZERLAND, VENEZUELA.
II. FIRST SECRETARY GENERAL OF THE LEAGUE OF NATIONS.
The Honourable Sir James Eric Drummond, K.C.M.G., C.B.
------------------------------------------------------------------------
PART II.
FRONTIERS OF TURKEY.
ARTICLE 27.
I. In Europe, the frontiers of Turkey will be laid down as follows:
1. The Black Sea: from the entrance of the Bosphorus to the point
described below.
2. With Greece:
From a point to be chosen on the Black Sea near the mouth of the Biyuk
Dere, situated about 7 kilometres north-west of Podima,
south-westwards to the most north-westerly point of the limit of the
basin of the Istranja Dere (about 8 kilometres northwest of Istranja),
a line to be fixed on the ground passing through Kapilja Dagh and
Uchbunar Tepe;
thence south-south-eastwards to a point to be chosen on the railway
from Chorlu to Chatalja about 1 kilometre west of the railway station
of Sinekli, a line following as far as possible the western limit of
the basin of the Istranja Dere;
thence south-eastwards to a point to be chosen between Fener and
Kurfali on the watershed between the basins of those rivers which flow
into Biyuk Chekmeje Geul, on the north-east, and the basin of those
rivers which flow direct into the Sea of Marmora on the south-west, a
line to be fixed on the ground passing south of Sinekli;
thence south-eastwards to a point to be chosen on the Sea of Marmora
about 1 kilometre south-west of Kalikratia, a line following as far as
possible this watershed.
3. The Sea of Marmora:
from the point defined above to the entrance of the Bosphorus.
II. In Asia, the frontiers of Turkey will be laid down as follows:
1. On the West and South:
From the entrance of the Bosphorus into the Sea of Marmora to a point
described below, situated in the eastern Mediterranean Sea in the
neighbourhood of the Gulf of Alexandretta near Karatash Burun the Sea
of Marmora, the Dardanelles, and the Eastern Mediterranean Sea; the
islands of the Sea of Marmora, and those which are situated within a
distance of 3 miles from the coast, remaining Turkish, subject to the
provisions of Section IV and Articles 84 and 122, Part III (Political
Clauses).
2. With Syria:
From a point to be chosen on the eastern bank of the outlet of the
Hassan Dede, about 3 kilometres north-west of Karatash Bu- run,
north-eastwards to a point to be chosen on the Djaihun Irmak about 1
kilometre north of Babeli, a line to be fixed on the ground passing
north of Karatash; thence to Kesik Kale, the course of the Djaihun
Irmak upstream;
thence north-eastwards to a point to be chosen on the Djaihun Irmak
about 15 kilometres east-southeast of Karsbazar, a line to be fixed on
the ground passing north of Kara Tepe;
thence to the bend in the Djaihun Irmak situated west of Duldul Dagh,
the course of the Djaihun Irmak upstream;
thence in a general south-easterly direction to a point to be chosen
on Emir Musi Dagh about 15 kilometres south-south-west of Giaour Geul
a line to be fixed on the ground at a distance of about 18 kilometres
from the railway, and leaving Duldul Dagh to Syria;
thence eastwards to a point to be chosen about 5 kilometres north of
Urfa a generally straight line from west to east to be hxed on the
ground passing north of the roads connecting the towns of Bagh- che,
Aintab, Biridjik, and Urfa and leaving the last three named towns to
Syria;
thence eastwards to the south-western extremity of the bend in the
Tigris about 6 kilometres north of Azekh (27 kilometres west of
Djezire-ibn-Omar), a generally straight line from west to east to be
fixed on the ground leaving the town of Mardin to Syria;
thence to a point to be chosen on the Tigris between the point of
confluence of the Khabur Su with the Tigris and the bend in the Tigris
situated about 10 kilometres north of this point,
the course of the Tigris downstream, leaving the island on which is
situated the town of Djezire-ibn-Omar to Syria.
3. With Mesopotamia:
Thence in a general easterly direction to a point to be chosen on the
northern boundary of the vilayet of Mosul,
a line to be fixed on the ground;
thence eastwards to the point where it meets the frontier between
Turkey and Persia,
the northern boundary of the vilayet of Mosul, modified, however, so
as to pass south of Amadia.
4. On the East and the North East:
From the point above defined to the Black Sea, the existing frontier
between Turkey and Persia, then the former frontier between Turkey and
Russia, subject to the provisions of Article 89.
5. The Black Sea.
ARTICLE 28.
The frontiers described by the present Treaty are traced on the one in
a million maps attached to the present Treaty. In case of differences
between the text and the map, the text will prevail. [See
Introduction.]
ARTICLE 29.
Boundary Commissions, whose composition is or will be fixed in the
present Treaty or in Treaties supplementary thereto, will have to
trace these frontiers on the ground.
They shall have the power, not only of fixing those portions which are
defined as "a line to be fixed on the ground," but also, if the
Commission considers it necessary, of revising in matters of detail
portions defined by administrative boundaries or otherwise. They shall
endeavour in all cases to follow as nearly as possible the
descriptions given in the Treaties, taking into account, as far as
possible, administrative boundaries and local economic interests.
The decisions of the Commissions will be taken by a majority, and
shall be binding on the parties concerned.
The expenses of the Boundary Commissions will be borne in equal shares
by the parties concerned.
ARTICLE 30.
In so far as frontiers defined by a waterway are concerned, the
phrases "course" or "channel" used in the descriptions of the present
Treaty signify, as regards non-navigable rivers, the median line of
the waterway or of its principal branch, and, as regards navigable
rivers, the median line of the principal channel of navigation. It
will rest with the Boundary Commissions provided for by the present
Treaty to specify whether the frontier line shall follow any changes
of the course or channel which may take place, or whether it shall be
definitely fixed by the position of the course or channel at the time
when the present Treaty comes into force.
In the absence of provisions to the contrary in the present Treaty,
islands and islets Iying within three miles of the coast are included
within the frontier of the coastal State.
ARTICLE 31.
The various States concerned undertake to furnish to the Commissions
all documents necessary for their tasks, especially authentic copies
of agreements fixing existing or old frontiers, all large scale maps
in existence, geodetic data, surveys completed but unpublished, and
information concerning the changes of frontier watercourses. The maps,
geodetic data, and surveys, even if unpublished, which are in the
possession of the Turkish authorities must be delivered at
Constantinople, within thirty days from the coming into force of the
present Treaty, to such representative of the Commissions concerned as
may be appointed by the principal Allied Powers.
The States concerned also undertake to instruct the local authorities
to communicate to the Commissions all documents, especially plans,
cadastral and land books, and to furnish on demand all details
regarding property, existing economic conditions, and other necessary
information.
ARTICLE 32.
The various States interested undertake to give every assistance to
the Boundary Commissions, whether directly or through local
authorities, in everything that concerns transport, accommodation,
labour, materials (sign-posts, boundary pillars) necessary for the
accomplishment of their mission.
In particular the Turkish Government undertakes to furnish to the
Principal Allied Powers such technical personnel as they may consider
necessary to assist the Boundary Commissions in the accomplishment of
their mission.
ARTICLE 33.
The various States interested undertake to safeguard the
trigonometrical points, signals, posts or frontier marks erected by
the Commissions.
ARTICLE 34
The pillars will be placed so as to be intervisible; they will be
numbered, and their position and their number will be noted on a
cartographic document.
ARTICLE 35.
The protocols defining the boundary and the maps and documents
attached thereto will be made out in triplicate, of which two copies
will be forwarded to the Governments of the limitrophe States, and the
third to the Government of the French Republic, which will deliver
authentic copies to the Powers who sign the present Treaty.
PART III.
POLITICAL CLAUSES.
SECTION I.
CONSTANTINOPLE.
ARTICLE 36.
Subject to the provisions of the present Treaty, the High Contracting
Parties agree that the rights and title of the Turkish Government over
Constantinople shall not be affected, and that the said Government and
His Majesty the Sultan shall be entitled to reside there and to
maintain there the capital of the Turkish State.
Nevertheless, in the event of Turkey failing to observe faithfully the
provisions of the present Treaty, or of any treaties or conventions
supplementary thereto, particularly as regards the protection of the
rights of racial, religious or linguistic minorities, the Allied
Powers expressly reserve the right to modify the above provisions, and
Turkey hereby agrees to accept any dispositions which may be taken in
this connection.
SECTION I I .
STRAITS.
ARTICLE 37.
The navigation of the Straits, including the Dardanelles, the Sea of
Marmora and the Bosphorus, shall in future be open, both in peace and
war, to every vessel of commerce or of war and to military and
commercial aircraft, without distinction of flag.
These waters shall not be subject to blockade, nor shall any
belligerent right be exercised nor any act of hostility be committed
within them, unless in pursuance of a decision of the Council of the
League of Nations.
ARTICLE 33.
The Turkish Government recognises that it is necessary to take further
measures to ensure the freedom of navigation provided for in Article
37, and accordingly delegates, so far as it is concerned, to a
Commission to be called the "Commission of the Straits," and
hereinafter referred to as 'the Commission," the control of the waters
specified in Article 39.
The Greek Government, so far as it is concerned, delegates to the
Commission the same powers and undertakes to give it in all respects
the same facilities.
Such control shall be exercised in the name of the Turkish and Greek
Governments respectively, and in the manner provided in this Section.
ARTICLE 39.
The authority of the Commission will extend to all the waters between
the Mediterranean mouth of the Dardanelles and the Black Sea mouth of
the Bosphorus, and to the waters within three miles of each of these
mouths.
This authority may be exercised on shore to such extent as may be
necessary for the execution of the provisions of this Section.
ARTICLE 40.
The Commission shall be composed of representatives appointed
respectively by the United States of America (if and when that
Government is willing to participate), the British Empire, France,
Italy, Japan, Russia (if and when Russia becomes a member of the
League of Nations), Greece, Roumania, and Bulgaria and Turkey (if and
when the two latter States become members of the League of
Nations). Each Power shall appoint one representative. The
representatives of the United States of America, the British Empire,
France, Italy, Japan and Russia shall each have two votes. The
representatives of Greece, Roumania, and Bulgaria and Turkey shall
each have one vote. Each Commissioner shall be removable only by the
Government which appointed him.
ARTICLE 41.
The Commissioners shall enjoy, within the limits specified in Article
39, diplomatic privileges and immunities.
ARTICLE 42.
The Commission will exercise the powers conferred on it by the present
Treaty in complete independence of the local author ity. It will have
its own flag, its own budget and its separate organisation.
ARTICLE 43.
Within the limits of its jurisdiction as laid down in Article 39 the
Commission will be charged with the following duties:
(a) the execution of any works considered necessary for the improvement
of the channels or the approaches to harbours;
(b) the lighting and buoying of the channels;
(c) the control of pilotage and towage;
(d) the control of anchorages;
(e) the control necessary to assure the application in the ports of
Constantinople and Haidar Pasha of the regime prescribed in Articles
335 to 344, Part XI (Ports, Waterways and Railways) of the present
Treaty;
(f) the control of all matters relating to wrecks and salvage;
(g) the control of lighterage;
ARTICLE 44.
In the event of the Commission finding that the liberty of passage is
being interfered with, it will inform the representatives at
Constantinople of the Allied Powers providing the occupying forces
provided for in Article 178. These representatives will thereupon
concert with the naval and military commanders of the said forces such
measures as may be deemed necessary to preserve the freedom of the
Straits. Similar action shall be taken by the said representatives in
the event of any external action threatening the liberty of passage of
the Straits.
ARTICLE 45.
For the purpose of the acquisition of any property or the execution of
any permanent works which may be required, the Commission shall be
entitled to raise such loans as it may consider necessary. These loans
will be secured, so far as possible, on the dues to be levied on the
shipping using the Straits, as provided in Article 53.
ARTICLE 46.
The functions previously exercised by the Constantinople Superior
Council of Health and the Turkish Sanitary Administration which was
directed by the said Council, and the functions exercised by the
National Life-boat Service of the Bosphorus will within the limits
specified in Article 39 be discharged under the control of the
Commission and in such manner as it may direct.
The Commission will co-operate in the execution of any common policy
adopted by the League of Nations for preventing and combating disease.
ARTICLE 47.
Subject to the general powers of control conferred upon the
Commission, the rights of any persons or companies now holding
concessions relating to lighthouses, docks, quays or similar matters
shall be maintained; but the Commission shall be entitled if it thinks
it necessary in the general interest to buy out or modify such rights
upon the conditions laid down in Article 311 Part IX (Economic
Clauses) of the present Treaty, or itself to take up a new concession.
ARTICLE 48.
In order to facilitate the execution of the duties with which it is
entrusted by this Section, the Commission shall have power to organise
such a force of special police as may be necessary. This force shall
be drawn so far as possible from the native population of the zone of
the Straits and islands referred to in Article 178, Part V (Military,
Naval and Air Clauses), excluding the islands of Lemnos, Imbros,
Samothrace, Tenedos and Mitylene. The said force shall be commanded by
foreign police officers appointed by the Commission.
ARTICLE 49.
In the portion of the zone of the Straits, including the islands of
the Sea of Marmora, which remains Turkish, and pending the coming into
force of the reform of the Turkish judicial system provided for in
Article I36, all infringements of the regulations and by-laws made by
the Commission, committed by nationals of capitulatory Powers, shall
be dealt with by the Consular Courts of the said Powers. The Allied
Powers agree to make such infringements justiciable before their
Consular Courts or authorities. Infringements committed by Turkish
nationals or nationals of non-capitulatory Powers shall be dealt with
by the competent Turkish judicial authorities.
In the portion of the said zone placed under Greek sovereignty such
infringements will be dealt with by the competent Greek judicial
authorities.
ARTICLE 50.
The officers or members of the crew of any merchant vessel vwithin the
limits of the jurisdiction of the Commission who may be arrested on
shore for any offence committed either ashore or afloat within the
limits of the said jurisdiction shall be brought before the competent
judicial authority by the Commission's police. If the accused was
arrested otherwise than by the Commission's police he shall
immediately be handed over to them.
ARTICLE 51 .
The Commission shall appoint such subordinate officers or officials as
may be found indispensable to assist it in carrying out the duties
with which it is charged.
ARTICLE 52.
In all matters relating to the navigation of the waters within the
limits of the jurisdiction of the Commission all the ships referred to
in Article 37 shall be treated upon a footing of absolute equality.
ARTICLE 53.
Subject to the provisions of Article 47 the existing rights under
which dues and charges can be levied for various purposes, whether
direct by the Turkish Government or by international bodies or private
companies, on ships or cargoes within the limits of the jurisdiction
of the Commission shall be transferred to the Commisssion The
Commission shall fix these dues and charges at such amounts only as
may be reasonably necessary to cover the cost of the works executed
and the services rendered to shipping, including the general costs and
expenses of the administration of the Commission, and the salaries and
pay provided for in paragraph 3 of the Annex to this Section.
For these purposes only and with the prior consent of the Council of
the League of Nations the Commission may also establish dues and
charges other than those now existing and fix their amounts.
ARTICLE 54.
All dues and charges imposed by the Commission shall be levied without
any discrimination and on a footing of absolute equality between all
vessels, whatever their port of origin, destination or departure,
their flag or ownership, or the nationality or ownership of their
cargoes.
This disposition does not affect the right of the Commission to fix in
accordance with tonnage the dues provided for by this Section.
ARTICLE 55.
The Turkish and Greek Governments respectively undertake to facilitate
the acquisition by the Commission of such land and buildings as the
Commission shall consider it necessary to acquire in order to carry
out effectively the duties with which it is entrusted.
ARTICLE 56.
Ships of war in transit through the waters specified in Article 39
shall conform in all respects to the regulations issued by the
Commission for the observance of the ordinary rules of navigation and
of sanitary requirements.
ARTICLE 57.
(1) Belligerent warships shall not revictual nor take in stores except
so far as may be strictly necessary to enable them to complete the
passage of the Straits and to reach the nearest port where they can
call, nor shall they replenish or increase their supplies of war
material or their armament or complete their crews, within the waters
under the control of the Commission. Only such repairs as are
absolutely necessary to render them seaworthy shall be carried out,
and they shall not add in any manner whatever to their fighting
force. The Commission shall decide what repairs are necessary, and
these must be carried out with the least possible delay.
(2) The passage of belligerent warships through the waters under the
control of the Commission shall be effected with the least possible
delay, and without any other interruption than that resulting from the
necessities of the service.
(3) The stay of such warships at ports within the jurisdiction of the
Commission shall not exceed twenty-four hours except in case of
distress. In such case they shall be bound to leave as soon as
possible. An interval of at least twenty-four hours shall always
elapse between the sailing of a belligerent ship from the waters under
the control of the Commission and the departure of a ship belonging to
an opposing belligerent.
(4) Any further regulations affecting in time of war the waters under
the control of the Commission, and relating in particular to the
passage of war material and contraband destined for the enemies of
Turkey, or revictualling, taking in stores or carrying out repairs in
the said waters, will be laid down by the League of Nations.
ARTICLE 58.
Prizes shall in all respects be subjected to the same conditions as
belligerent vessels of war.
ARTICLE 59.
No belligerent shall embark or disembark troops, munitions of war or
warlike materials in the waters under the control of the Commission,
except in case of accidental hindrance of the passage, and in such
cases the passage shall be resumed with all possible despatch.
ARTICLE 60.
Nothing in Articles 57, 58 or 59 shall be deemed to limit the powers
of a belligerent or belligerents acting in pursuance of a decision by
the Council of the League of Nations.
ARTICLE 61.
Any differences which may arise between the Powers as to the
interpretation or execution of the provisions of this Section, and as
regards Constantinople and Haidar Pasha of the provisions of Articles
335 to 344, Part Xl (Ports, Waterways, and Railways) shall be referred
to the Commission. In the event of the decision of the Commission not
being accepted by any Power, the question shall, on the demand of any
Power concerned, be settled as provided by the League of Nations,
pending whose decision the ruling of the Commission will be carried
out.
ANNEX
1.
The Chairmanship of the Commission of the Straits shall be rotatory
for the period of two years among the members of the Commission
entitled to two votes.
The Commission shall take decisions by a majority vote and the
Chairman shall have a casting vote. Abstention shall be regarded as a
vote against the proposal under discussion.
Each of the Commissioners will have the right to designate a deputy
Commissioner to replace him in his absence.
2.
The salary of each member of the Commission will be paid by the
Government which appointed him; these salaries will be fixed at
reasonable amounts agreed upon from time to time between the
Governments represented on the Commission.
3.
The salaries of the police officers referred to in Article 48, of such
other officials and officers as may be appointed under Article 51, and
the pay of the local police referred to in Article 48, shall be paid
out of the receipts from the dues and charges levied on shipping.
The Commission shall frame regulations as to the terms and condltions
of employment of all officers and officials appointed
4.
The Commission shall have at its disposal such vessels as may be
necessary to enable it to carry out its functions as laid down in this
Section and Annex.
5.
In order to carry out all the duties with which it is charged by the
provisions of this Section and Annex and within the limits therein
laid down the Commission will have the power to prepare, issue and
enforce the necessary regulations; this power will include the right
of amending so far as may be necessary or repealing the existing
regulations.
6.
The Commission shall frame regulations as to the manner in which the
accounts of all revenues and expenditure of the funds under its
control shall be kept, the auditing of such accounts and the
publication every year of a full and accurate report thereof.
SECTION III.
KURDISTAN.
ARTICLE 62.
A Commission sitting at Constantinople and composed of three members
appointed by the British, French and Italian Governments respectively
shall draft within six months from the coming into force of the
present Treaty a scheme of local autonomy for the predominantly
Kurdish areas lying east of the Euphrates, south of the southern
boundary of Armenia as it may be hereafter determined, and north of
the frontier of Turkey with Syria and Mesopotamia, as defined in
Article 27, II (2) and (3). If unanimity cannot be secured on any
question, it will be referred by the members of the Commission to
their respective Governments. The scheme shall contain full safeguards
for the protection of the Assyro-Chaldeans and other racial or
religious minorities within these areas, and with this object a
Commission composed of British, French, Italian, Persian and Kurdish
representatives shall visit the spot to examine and decide what
rectifications, if any, should be made in the Turkish frontier where,
under the provisions of the present Treaty, that frontier coincides
with that of Persia.
ARTICLE 63.
The Turkish Government hereby agrees to accept and execute the
decisions of both the Commissions mentioned in Article 62 within three
months from their communication to the said Government.
ARTICLE 64.
If within one year from the coming into force of the present Treaty
the Kurdish peoples within the areas defined in Article 62 shall
address themselves to the Council of the League of Nations in such a
manner as to show that a majority of the population of these areas
desires independence from Turkey, and if the Council then considers
that these peoples are capable of such independence and recommends
that it should be granted to them, Turkey hereby agrees to execute
such a recommendation, and to renounce all rights and title over these
areas.
The detailed provisions for such renunciation will form the subject of
a separate agreement between the Principal Allied Powers and Turkey.
If and when such renunciation takes place, no objection will be raised
by the Principal Allied Powers to the voluntary adhesion to such an
independent Kurdish State of the Kurds inhabiting that part of
Kurdistan which has hitherto been included in the Mosul vilayet.
SECTION IV.
SMYRNA.
ARTICLE 65.
The provisions of this Section will apply to the city of Smyrna and
the adjacent territory defined in Article 66, until the determination
of their final status in accordance with Article 83.
ARTICLE 66.
The geographical limits of the territory adjacent to the city of
Smyrna will be laid down as follows:
From the mouth of the river which flows into the Aegean Sea about 5
kilometres north of Skalanova, eastwards,
the course of this river upstream;
then south-eastwards, the course of the southern branch of this river;
then south-eastwards, to the western point of the crest of the Gumush
Dagh;
A line to be fixed on the ground passing west of Chinar K, and east of
Akche Ova;
thence north-eastwards, this crest line;
thence northwards to a point to be chosen on the railway from Ayasoluk
to Deirmendik about 1 kilometre west of Balachik station,
a line to be fixed on the ground leaving the road and railway from
Sokia to Balachik station entirely in Turkish territory;
thence northwards to a point to be chosen on the southern boundary of
the Sandjak of Smyrna,
a line to be fixed on the ground;
thence to a point to be chosen in the neighbourhood of Bos Dagh
situated about 15 kilometres north-east of Odemish,
the southern and eastern boundary of the Sandjak of Smyrna;
thence northwards to a point to be chosen on the railway from Manisa
to Alashehr about 6 kilometres west of Salihli,
a line to be fixed on the ground;
thence northwards to Geurenez Dagh,
a line to be fixed on the ground passing east of Mermer Geul west of
Kemer, crossing the Kum Chai approximately south of Akshalan, and then
following the watershed west of Kavakalan;
thence north-westwards to a point to be chosen on the boundary between
the Cazas of Kirkagach and Ak Hissar about 18 kilometres east of
Kirkagach and 20 kilometres north of Ak Hissar,
a line to be fixed on the ground;
thence westwards to its junction with the boundary of the Caza of Soma,
the southern boundary of the Caza of Kirkagach,
thence westwards to its junction with the boundary of the Sandjak of
Smyrna,
the southern boundary of the Caza of Soma;
thence northwards to its junction with the boundary of the vilayet of
Smyrna,
the north-eastern boundary of the Sandjak of Smyrna;
thence westwards to a point to be chosen in the neighbourhood of
Charpajik (Tepe).
the northern boundary of the vilayet of Smyrna;
thence northwards to a point to be chosen on the ground about 4
kilometres southwest of Keuiluje,
a line to be fixed on the ground;
thence westwards to a point to be selected on the ground between Cape
Dahlina and Kemer Iskele,
a line to be fixed on the ground passing south of Kemer and Kemer
Iskele together with the road joining these places.
ARTICLE 67.
A Commission shall be constituted within fifteen days from the coming
into force of the present Treaty to trace on the spot the boundaries
of the territories described in Article 66. This Commission shall be
composed of three members nominated by the British, French and Italian
Governments respectively, one member nominated by the Greek
Government, and one nominated by the Turkish Government.
ARTICLE 68.
Subject to the provisions of this Section, the city of Smyrna and the
territory defined in Article 66 will be assimilated, in the
application of the present Treaty, to territory detached from Turkey.
ARTICLE 69
The city of Smyrna and the territory defined in Article 66 remain
under Turkish sovereignty. Turkey, however, transfers to the Greek
Government the exercise of her rights of sovereignty over the city of
Smyrna and the said territory. In witness of such sovereignty the
Turkish flag shall remain permanently hoisted over an outer fort in
the town of Smyrna. The fort will be designated by the Principal
Allied Powers.
ARTICLE 70.
The Greek Government will be responsible for the administration of the
city of Smyrna and the territory defined in Article 66, and will
effect this administration by means of a body of officials which it
will appoint specially for the purpose.
ARTICLE 71.
The Greek Government shall be entitled to maintain in the city of
Smyrna and the territory defined in Article 66 the military forces
required for the maintenance of order and public security.
ARTICLE 72.
A local parliament shall be set up with an electoral system calculated
to ensure proportional representation of all sections of the
population, including racial, linguistic and religious
minorities. Within six months from the coming into force of the
present Treaty the Greek Government shall submit to the Council of the
League of Nations a scheme for an electoral system complying with the
above requirements; this scheme shall not come into force until
approved by a majority of the Council.
The Greek Government shall be entitled to postpone the elections for
so long as may be required for the return of the inhabitants who have
been banished or deported by the Turkish authorities, but such
postponement shall not exceed a period of one year from the coming
into force of the present Treaty.
ARTICLE 73.
The relations between the Greek administration and the local
parliament shall be determined by the said administration in
accordance with the principles of the Greek Constitution.
ARTICLE 74.
Compulsory military service shall not be enforced in the city of
Smyrna and the territory defined in Article 66 pending the final
determination of their status in accordance with Article 83.
ARTICLE 75.
The provisions of the separate Treaty referred to in Article 86
relating to the protection of racial, linguistic and religious
minorities, and to freedom of commerce and transit, shall be
applicable to the city of Smyrna and the territory defined in Article
66.
ARTICLE 76.
The Greek Government may establish a Customs boundary along the
frontier line defined in Article 66, and may incorporate the city of
Smyrna and the territory defined in the said Article in the Greek
customs system.
ARTICLE 77.
The Greek Government engages to take no measures which would have the
effect of depreciating the existing Turkish currency, which shall
retain its character as legal tender pending the determination, in
accordance with the provisions of Article 83, of the final status of
the territory.
ARTICLE 78.
The provisions of Part XI (Ports, Waterways and Railways) relating to
the regime of ports of international interest, free ports and transit
shall be applicable to the city of Smyrna and the territory defined in
Article 66.
ARTICLE 79.
As regards nationality, such inhabitants of the city of Smyrna and the
territory defined in Article 66 as are of Turkish nationality and
cannot claim any other nationality under the terms of the present
Treaty shall be treated on exactly the same footing as Greek
nationals. Greece shall provide for their diplomatic and consular
protection abroad.
ARTICLE 80.
The provisions of Article 24I, Part VIII (Financial Clauses) will
apply in the case of the city of Smyrna and the territory defined in
Article 66.
The provisions of Article 293, Part IX (Economic Clauses) will not be
applicable in the case of the said city and territory.
ARTICLE 8I.
Until the determination, in accordance with the provisions of Article
83, of the final status of Smyrna and the territory defined in Article
66, the rights to exploit the salt marshes of Phocea belonging to the
Administration of the Ottoman Public Debt, including all plant and
machinery and materials for transport by land or sea, shall not be
altered or interfered with. No tax or charge shall be imposed during
this period on the manufacture, exportation or transport of salt
produced from these marshes. The Greek administration will have the
right to regulate and tax the consumption of salt at Symrna and within
the territory defined in Article 66.
If after the expiration of the period referred to in the preceding
paragraph Greece considers it opportuhe to effect changes in the
provisions above set forth, the salt marshes of Phocea will be treated
as a concession and the guarantees provided by Article 312, Part IX
(Economic Clauses) will apply, subject, however, to the provisions of
Article 246, Part VIII (Financial Clauses) of the present Treaty.
ARTICLE 82.
Subsequent agreements will decide all questions which are not decided
by the present Treaty and which may arise from the execution of the
provisions of this Section.
ARTICLE 83.
When a period of five years shall have elapsed after the coming into
force of the present Treaty the local parliament referred to in
Article 72 may, by a majority of votes, ask the Council of the League
of Nations for the definitive incorporation in the King dom of Greece
of the city of Smyrna and the territory defined in Article 66. The
Council may require, as a preliminary, a plebiscite under conditions
which it will lay down.
In the event of such incorporation as a result of the application of
the foregoing paragraph, the Turkish sovereignty referred to in
Article 69 shall cease. Turkey hereby renounces in that event in
favour of Greece all rights and title over the city of Smyrna and the
territory defined in Article 66.
SECTION V.
GREECE.
ARTICLE 84.
Without prejudice to the frontiers of Bulgaria laid down by the Treaty
of Peace signed at Neuilly-sur-Seine on November 27, 1919, Turkey
renounces in favour of Greece all rights and title over the
territories of the former Turkish Empire in Europe situated outside
the frontiers of Turkey as laid down by the present Treaty.
The islands of the Sea of Marmora are not included in the transfer of
sovereignty effected by the above paragraph.
Turkey further renounces in favour of Greece all her rights and title
over the islands of Imbros and Tenedos. The decision taken by the
Conference of Ambassadors at London in execution of Articles 5 of the
Treaty of London of May 17-30, 1913, and 15 of the Treaty of Athens of
November 1-14, 1913, and notified to the Greek Govermnent on February
13, 1914, relating to the sovereignty of Greece over the other islands
of the Eastern Mediterranean, particularly Lemnos, Samothrace,
Mytilene, Chios, Samos and Nikaria, is confirmed, without prejudice to
the provisions of the present Treaty relating to the islands placed
under the sovereignty of Italy and referred to in Article 122, and to
the islands lying less than three miles fron the coast of Asia.
Nevertheless, in the portion of the zone of the Straits and the
islands, referred to in Article 178, which under the present Treaty
are placed under Greek sovereignty, Greece accepts and undertakes to
observe, failing any contrary stipulation in the present Treaty, all
the obligations which, in order to assure the freedom of the Straits,
are imposed by the present Treaty on Turkey in that portion of the
said zone, including the islands of the Sea of Marmora, which remains
under Turkish sovereignty.
ARTICLE 85.
A Commission shall be constituted within fifteen days from the coming
into force of the present Treaty to trace on the spot the frontier
line described in Article 27, 1 (2). This Commission shall be composed
of four members nominated by the Principal Allied Powers, one member
nominated by Greece, and one member nominated by Turkey.
ARTICLE 86.
Greece accepts and agrees to embody in a separate Treaty such
provisions as may be deemed necessary, particularly as regards
Adrianople, to protect the interests of inhabitants of that State who
differ from the majority of the population in race, language or
religion.
Greece further accepts and agrees to embody in a separate Treaty such
provisions as may be deemed necessary to protect freedom of transit
and equitable treatment for the commerce of other nations.
ARTICLE 87.
The proportion and nature of the financial obligations of Turkey which
Greece will have to assume on account of the territory placed under
her sovereignty will be determined in accordance with Articles 241 to
244, Part VIII (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions which are not decided
by the present Treaty and which may arise in consequence of the
transfer of the said territories.
SECTION VI.
ARMENIA.
ARTICLE 88.
Turkey, in accordance with the action already taken by the Allied
Powers, hereby recognises Armenia as a free and independent State.
ARTICLE 89.
Turkey and Armenia as well as the other High Contracting Parties agree
to submit to the arbitration of the President of the United States of
America the question of the frontier to be fixed between Turkey and
Armenia in the vilayets of Erzerum, Trebizond, Van and Bitlis, and to
accept his decision thereupon, as well as any stipulations he may
prescribe as to access for Armenia to the sea, and as to the
demilitarisation of any portion of Turkish territory adjacent to the
said frontier.
ARTICLE 90.
In the event of the determination of the frontier under Article 89
involving the transfer of the whole or any part of the territory of
the said Vilayets to Armenia, Turkey hereby renounces as from the date
of such decision all rights and title over the territory so
transferred. The provisions of the present Treaty applicable to
territory detached from Turkey shall thereupon become applicable to
the said territory.
The proportion and nature of the financial obligations of Turkey which
Armenia will have to assume, or of the rights which will pass to her,
on account of the transfer of the said territory will be determined in
accordance with Articles 241 to 244, Part VIII (Financial Clauses) of
the present Treaty.
Subsequent agreements will, if necessary, decide all questions which
are not decided by the present Treaty and which may arise in
consequence of the transfer of the said territory.
ARTICLE 91.
In the event of any portion of the territory referred to in Article 89
being transferred to Armenia, a Boundary Commission, whose composition
will be determined subsequently, will be constituted within three
months from the delivery of the decision referred to in the said
Article to trace on the spot the frontier between Armenia and Turkey
as established by such decision.
ARTICLE 92.
The frontiers between Armenia and Azerbaijan and Georgia respectively
will be determined by direct agreement between the States concerned.
If in either case the States concerned have failed to determine the
frontier by agreement at the date of the decision referred to in
Article 89, the frontier line in question will be determined by the
Pricipal Allied Powers, who will also provide for its being traced on
the spot.
ARTICLE 93.
Armenia accepts and agrees to embody in a Treaty with the Principal
Allied Powers such provisions as may be deemed necessary by these
Powers to protect the interests of inhabitants of that State who
differ from the majority of the population in race, language, or
religion.
Armenia further accepts and agrees to embody in a Treaty with the
Principal Allied Powers such provisions as these Powers may deem
necessary to protect freedom of transit and equitable treatment for
the commerce of other nations.
SECTION VII.
SYRIA, MESOPOTAMIA, PALESTINE.
ARTICLE 94.
The High Contracting Parties agree that Syria and Mesopotamia shall,
in accordance with the fourth paragraph of Article 22.
Part I (Covenant of the League of Nations), be provisionally
recognised as independent States subject to the rendering of
administrative advice and assistance by a Mandatory until such time as
they are able to stand alone.
A Commission shall be constituted within fifteen days from the coming
into force of the present Treaty to trace on the spot the frontier
line described in Article 27, II (2) and (3). This Commission will be
composed of three members nominated by France, Great Britain and Italy
respectively, and one member nominated by Turkey; it will be assisted
by a representative of Syria for the Syrian frontier, and by a
representative of Mesopotamia for the Mesopotamian frontier.
The determination of the other frontiers of the said States, and the
selection of the Mandatories, will be made by the Principal Allied
Powers.
ARTICLE 95.
The High Contracting Parties agree to entrust, by application of the
provisions of Article 22, the administration of Palestine, within such
boundaries as may be determined by the Principal Allied Powers, to a
Mandatory to be selected by the said Powers. The Mandatory will be
responsible for putting into effect the declaration originally made on
November 2, 1917, by the British Government, and adopted by the other
Allied Powers, in favour of the establishment in Palestine of a
national home for the Jewish people, it being clearly understood that
nothing shall be done which may prejudice the civil and religious
rights of existing non-Jewish communities in Palestine, or the rights
and political status enjoyed by Jews in any other country.
The Mandatory undertakes to appoint as soon as possible a special
Commission to study and regulate all questions and claims relating to
the different religious communities. In the composition of this
Commission the religious interests concerned will be taken into
account. The Chairman of the Commission will be appointed by the
Council of the League of Nations.
ARTICLE 96.
The terms of the mandates in respect of the above territories will be
formulated by the Principal Allied Powers and submitted to the Council
of the League of Nations for approval.
ARTICLE 97.
Turkey hereby undertakes, in accordance with the provisions of Article
132, to accept any decisions which may be taken in relation to the
questions dealt with in this Section.
SECTION VIII.
HEDJAZ.
ARTICLE 98.
Turkey, in accordance with the action already taken by the Allied
Powers, hereby recognises the Hedjaz as a free and indepedent State,
and renounces in favour of the Hedjaz all rights and titles over the
territories of the former Turkish Empire situated outside the
frontiers of Turkey as laid down by the present Treaty, and comprised
within the boundaries which may ultimately be fixed.
ARTICLE 99.
In view of the sacred character attributed by Moslems of all countries
to the cities and the Holy Places of Mecca and Medina His Majesty the
King of the Hedjaz undertakes to assure free and easy access thereto
to Moslems of every country who desire to go there on pilgrimage or
for any other religious object, and to respect and ensure respect for
the pious foundations which are or may be established there by Moslems
of any countries in accordance with the precepts of the law of the
Koran.
ARTICLE 100.
His Majesty the King of the Hedjaz undertakes that in commercial
matters the most complete equality of treatment shall be assured in
the territory of the Hedjaz to the persons, ships and goods of
nationals of any of the Allied Powers, or of any of the new States set
up in the territories of the former Turkish Empire, as well as to the
persons, ships and goods of nationals of States, Members of the League
of Nations.
SECTION IX.
EGYPT, SOUDAN, CYPRUS.
I. EGYPT.
ARTICLE 101.
Turkey renounces all rights and title in or over Egypt. This
renunciation shall take effect as from November 5, 1914. Turkey
declares that in conformity with the action taken by the Allied Powers
she recognises the Protectorate proclaimed over Egypt by Great Britain
on December 18, 1914.
ARTICLE 102.
Turkish subjects habitually resident in Egypt on December 18, 1914,
will acquire Egyptian nationality ipso facto and will lose their
Turkish nationality, except that if at that date such persons were
temporarily absent from, and have not since returned to, Egypt they
will not acquire Egyptian nationality without a special authorisation
from the Egyptian Government.
ARTICLE 103.
Turkish subjects who became resident in Egypt after December 18, 1914,
and are habitually resident there at the date of the coming into force
of the present Treaty may, subject to the conditions prescribed in
Article 105 for the right of option, claim Egyptian nationality, but
such claim may in individual cases be refused by the competent
Egyptian authority.
ARTICLE 104.
For all purposes connected with the present Treaty, Egypt and Egyptian
nationals, their goods and vessels, shall be treated on the same
footing, as from August I, 1914, as the Allied Powers, their
nationals, goods and vessels, and provisions in respect of territory
under Turkish sovereignty, or of territory detached from Turkey in
accordance with the present Treaty, shall not apply to Egypt.
ARTICLE I05.
Within a period of one year after the coming into force of the present
Treaty persons over eighteen years of age acquiring Egyptian
nationality under the provisions of Article 102 will be entitled to
opt for Turkish nationality. In case such persons, or those who under
Article 103 are entitled to claim Egyptian nationality, differ in race
from the majority of the population of Egypt, they will within the
same period be entitled to opt for the nationality of any State in
favour of which territory is detached from Turkey, if the majority of
the population of that State is of the same race as the person
exercising the right to opt.
Option by a husband covers a wife and option by parents covers their
children under eighteen years of age.
Persons who have exercised the above right to opt must, except where
authorised to continue to reside in Egypt, transfer within the ensuing
twelve months their place of residence to the State for which they
have opted. They will be entitled to retain their immovable property
in Egypt, and may carry with them their movable property of every
description. No export or import duties or charges may be imposed upon
them in connection with the removal of such property.
ARTICLE 106.
The Egyptian Government shall have complete liberty of action in
regulating the status of Turkish subjects in Egypt and the conditions
under which they may establish themselves in the territory.
ARTICLE 107.
Egyptian nationals shall be entitled, when abroad, to British
diplonlatic and consular protection.
ARTICLE 108.
Egyptian goods entering Turkey shall enjoy the treatment accorded to
British goods.
ARTICLE 109.
Turkey renounces in favour of Great Britain the powers conferred upon
His Imperial Majesty the Sultan by the Convention signed at
Constantinople on October 29, 1888, relating to the free navigation of
the Suez Canal.
ARTICLE 110.
All property and possessions in Egypt belonging to the Turkish
Government pass to the Egyptian Government without payment.
ARTICLE 111 .
All movable and immovable property in Egypt belonging to Turkish
nationals (who do not acquire Egyptian nationality) shall be dealt
with in aecordance with the provisions of Part IX (Economie Clauses)
of the present Treaty.
ARTICLE 112.
Turkey renounces all claim to the tribute formerly paid by Egypt.
Great Britain undertakes to relieve Turkey of all liability in respect
of the Turkish loans secured on the Egyptian tribute.
These loans are:
The guaranteed loan of 1855;
The loan of 1894 representing the converted loans of 1854 and 1871;
The loan of 1891 representing the converted loan of 1877.
The sums which the Khedives of Egypt have from time to time undertaken
to pay over to the houses by which these loans were issued will be
applied as heretofore to the interest and the sinking funds of the
loans of 1894 and 1891 until the final extinction of those loans. The
Government of Egypt will also continue to apply the sum hitherto paid
towards the interest on the guaranteed loan of 1855.
Upon the extinction of these loans of 1894, 1891 and 1855, all
liability on the part of the Egyptian Government arising out of the
tribute formerly paid by Egypt to Turkey will cease.
2. SOUDAN.
ARTICLE 113.
The High Contracting Parties declare and place on record that they
have taken note of the Convention between the British Government and
the Egyptian Government defining the status and regulating the
administration of the Soudan, signed on January I9, I899, as amended
by the supplementary Convention relating to the town of Suakin signed
on July 10, 1899.
ARTICLE 114.
Soudanese shall be entitled when in foreign countries to British
diplomatic and consular protection.
3. CYPRUS
ARTICLE 115.
The High Contracting Parties recognise the annexation of Cyprus
proclaimed by the British Government on November 5, 1914.
ARTICLE 116.
Turkey renounces all rights and title over or relating to Cyprus,
including the right to the tribute formerly paid by that island to the
Sultan.
ARTICLE 117.
Turkish nationals born or habitually resident in Cyprus will acquire
British nationality and lose their Turkish nationality, subject to the
conditions laid down in the local law.
SECTION X.
MOROCCO, TUNIS.
ARTICLE 118.
Turkey recognises the French Protectorate in Morocco, and accepts all
the consequences thereof. This recognition shall take effect as from
March 30, 1912.
ARTICLE 119.
Moroccan goods entering Turkey shall be subject to the same treatment
as French goods.
ARTICLE 120.
Turkey recognises the French Protectorate over Tunis and accepts all
the consequences thereof. This recognition shall take effect as from
May 12, 1881.
Tunisian goods entering Turkey shall be subject to the same treatment
as French goods.
SECTION XI.
LIBYA, AEGEAN ISLANDS.
ARTICLE 121.
Turkey definitely renounces all rights and privileges which under the
Treaty of Lausanne of October 18, 1912, were left to the Sultan in
Libya.
ARTICLE 122.
Turkey renounces in favour of Italy all rights and title over the
following islands of the Aegean Sea; Stampalia (Astropalia), Rhodes
(Rhodos), Calki (Kharki), Scarpanto, Casos (Casso) Pscopis (Tilos),
Misiros (Nisyros), Calymnos (Kalymnos) Leros, Patmos, Lipsos (Lipso),
Sini (Symi), and Cos (Kos), which are now occupied by Italy, and the
islets dependent thereon, and also over the island of Castellorizzo.
SECTION Xll.
NATIONALITY.
ARTICLE 123.
Turkish subjects habitually resident in territory which in accordance
with the provisions of the present Treaty is detached from Turkey will
become ipso facto, in the conditions laid down by the local law,
nationals of the State to which such territory is transferred.
ARTICLE 124.
Persons over eighteen years of age losing their Turkish nationality
and obtaining ipso facto a new nationality under Article 123 shall be
entitled within a period of one year from the coming into force of the
present Treaty to opt for Turkish nationality.
ARTICLE 125.
Persons over eighteen years of age habitually resident in territory
detached from Turkey in accordance with the present Treaty and
differing in race from the majority of the population of such
territory shall within one year from the coming into force of the
present Treaty be entitled to opt for Armenia, Azerbaijan, Georgia,
Greece, the Hedjaz, Mesopotamia, Syria, Bulgaria or Turkey, if the
majority of the population of the State selected is of the same race
as the person exercising the right to opt.
ARTICLE 126.
Persons who have exercised the right to opt in accordance with the
provisions of Articles 124 or 125 must within the succeeding twelve
months transfer their place of residence to the State for which they
have opted.
They will be entitled to retain their immovable property in the
territory of the other State where they had their place of residence
before exercising their right to opt.
They may carry with them their movable property of every
description. No export or import duties may be imposed upon them in
connection with the removal of such property.
ARTICLE 127.
The High Contracting Parties undertake to put no hindrance in the way
of the exercise of the right which the persons concerned have under
the present Treaty, or under the Treaties of Peace concluded with
Germany, Austria, Bulgaria or Hungary or under any treaty concluded by
the Allied Powers, or any of them, with Russia, or between any of the
Allied Powers themselves, to choose any other nationality which may be
open to them.
In particular, Turkey undertakes to facilitate by every means in her
power the voluntary emigration of persons desiring to avail themselves
of the right to opt provided by Article 125, and to carry out any
measures which may be prescribed with this object by the Council of
the League of Nations.
ARTICLE 128.
Turkey undertakes to recognise any new nationality which has been or
may be acquired by her nationals under the laws of the Allied Powers
or new States and in accordance with the decisions of the competent
authorities of these Powers pursuant to naturalisation laws or under
Treaty stipulations, and to regard such persons as having, in
consequence of the acquisition of such new nationality, in all
respects severed their allegiance to their country of origin.
In particular, persons who before the coming into force of the present
Treaty have acquired the nationality of one of the Allied Powers in
accordance with the law of such Power shall be recognised by the
Turkish Government as nationals of such Power and as having lost their
Turkish nationality, notwithstanding any provisions of Turkish law to
the contrary. No confiscation of property or other penalty provided by
Turkish law shall be incurred on account of the acquisition of any
such nationality.
ARTICLE 129.
Jews of other than Turkish nationality who are habitually resident, on
the coming into force of the present Treaty, within the boundaries of
Palestine, as determined in accordance with Article 95 will ipso facto
become citizens of Palestine to the exclusion of any other
nationality.
ARTICLE 130.
For the purposes of the provisions of this Section, the status of a
married woman will be governed by that of her husband and the status
of children under eighteen years of age by that of their parents.
ARTICLE 131.
The provisions of this Section will apply to the city of Smyrna and
the territory defined in Article 66 as from the establishment of the
final status of the territory in accordance with Article 83.
SECTION XIII.
GENERAL PROVISIONS.
ARTICLE 132.
Outside her frontiers as fixed by the present Treaty Turkey hereby
renounces in favour of the Principal Allied Powers all rights and
title which she could claim on any ground over or concerning any
territories outside Europe which are not otherwise disposed of by the
present Treaty.
Turkey undertakes to recognise and conform to the measures which may
be taken now or in the future by the Principal Allied Powers, in
agreement where necessary with third Powers, in order to carry the
above stipulation into effect.
ARTICLE 133.
Turkey undertakes to recognise the full force of the Treaties of Peace
and Additional Conventions concluded by the Allied Powers with the
Powers who fought on the side of Turkey, and to recognise whatever
dispositions have been or may be made concerning the territories of
the former German Empire, of Austria, of Hungary and of Bulgaria, and
to recognise the new States within their frontiers as there laid down.
ARTICLE 134.
Turkey hereby recognises and accepts the frontiers of Germany,
Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the
Serb-Croat-Slovene State and the Czecho-Slovak State as these
frontiers may be determined by the Treaties referred to in Article 133
or by any supplementary conventions.
ARTICLE 135.
Turkey undertakes to recognise the full force of all treaties or
agreements which may be entered into by the Allied Powers with States
now existing or coming into existence in future in the whole or part
of the former Empire of Russia as it existed on August 1, 1914, and to
recognise the frontiers of any such States as determined therein.
Turkey acknowledges and agrees to respect as permanent and inalienable
the independence of the said States.
In accordance with the provisions of Article 259, Part VIII (Financial
Clauses), and Article 277, Part IX (Economic Clauses), of the present
Treaty, Turkey accepts definitely the abrogation of the Brest-Litovsk
Treaties and of all treaties conventions and agreements entered into
by her with the Maximalist Government in Russia.
ARTICLE 136.
A Commission composed of four members, appointed by the British
Empire, France, Italy and Japan respectively, shall be set up within
three months from the coming into force of the present Treaty, to
prepare, with the assistance of technical experts representing the
other capitulatory Powers, Allied or neutral, who with this object
will each be invited to appoint an expert, a scheme of judicial reform
to replace the present capitulatory system in judicial matters in
Turkey. This Commission may recommend, after consultation with the
Turkish Government, the adoption of either a mixed or an unified
judicial system.
The scheme prepared by the Commission will be submitted to the
Governments of the Allied and neutral Powers concerned. As soon as the
Principal Allied Powers have approved the scheme they will inform the
Turkish Government, which hereby agrees to accept the new system.
The Principal Allied Powers reserve the right to agree among
themselves, and if necessary with the other Allied or neutral Powers
concerned, as to the date on which the new system is to come into
force.
ARTICLE 137.
Without prejudice to the provisions of Part VII (Penalties), no
inhabitant of Turkey shall be disturbed or molested, under any pretext
whatever, on account of any political or military action taken by him,
or any assistance of any kind given by him to the Allied Powers, or
their nationals, between August 1, 1914, and the coming into force of
the present Treaty; all sentences pronounced against any inhabitant of
Turkey for the above reasons shall be completely annulled, and any
proceedings already instituted shall be arrested.
ARTICLE 138.
No inhabitant of territory detached from Turkey in accordance with the
present Treaty shall be disturbed or molested on account of his
political attitude after August 1, 1914, or of the determination of
his nationality effected in accordance with the present Treaty.
ARTICLE 139.
Turkey renounces formally all rights of suzerainty or jurisdiction of
any kind over Moslems who are subject to the sovereignty or
protectorate of any other State.
No power shall be exercised directly or indirectly by any Turkish
authority whatever in any territory detached from Turkey or of which
the existing status under the present Treaty is recognised by Turkey.
PART IV.
PROTECTION OF MINORITIES.
ARTICLE 140.
Turkey undertakes that the stipulations contained in Articles 141, I45
and I47 shall be recognised as fundamental laws, and that no civil or
military law or regulation, no Imperial Iradeh nor official action
shall conflict or interfere with these stipulations, nor shall any
law, regulation, Imperial Iradeh nor official action prevail over
them.
ARTICLE 141.
Turkey undertakes to assure full and complete protection of life and
liberty to all inhabitants of Turkey without distinction of birth,
nationality, language, race or religion. All inhabitants of Turkey
shall be entitled to the free exercise, whether public or private, of
any creed, religion or belief.
The penalties for any interference with the free exercise of the right
referred to in the preceding paragraph shall be the same whatever may
be the creed concerned.
ARTICLE 142.
Whereas, in view of the terrorist regime which has existed in Turkey
since November 1, 1914, conversions to Islam could not take place
under normal conditions, no conversions since that date are recognised
and all persons who were non-Moslems before November 1, 1914, will be
considered as still remaining such, unless, after regaining their
liberty, they voluntarily perform the necessary formalities for
embracing the Islamic faith.
In order to repair so far as possible the wrongs inflicted on
individuals in the course of the massacres perpetrated in Turkey
during the war, the Turkish Government undertakes to afford all the
assistance in its power or in that of the Turkish authorities in the
search for and deliverance of all persons, of whatever race or
religion, who have disappeared, been carried off, interned or placed
in captivity since November 1, 1914.
The Turkish Government undertakes to facilitate the operations of
mixed commissions appointed by the Council of the League of Nations to
receive the complaints of the victims themselves, their families or
their relations, to make the necessary enquiries, and to order the
liberation of the persons in question.
The Turkish Government undertakes to ensure the execution
of the decisions of these commissions, and to assure the security and
the liberty of the persons thus restored to the full enjoyment of
their rights.
ARTICLE 143
Turkey undertakes to recognise such provisions as the Allied Powers
may consider opportune with respect to the reciprocal and voluntary
emigration of persons belonging to racial minorities.
Turkey renounces any right to avail herself of the provisions of
Article I6 of the Convention between Greece and Bulgaria relating to
reciprocal emigration, signed at Neuilly-sur-Seine on November 27,
19l9. Within six months from the coming into force of the present
Treaty, Greece and Turkey will enter into a special arrangement
relating to the reciprocal and voluntary emigration of the populations
of Turkish and Greek race in the territories transferred to Greece and
remaining Turkish respectively.
In case agreement cannot be reached as to such arrangement, Greece and
Turkey will be entitled to apply to the Council of the League of
Nations, which will fix the terms of such arrangement.
ARTICLE 144.
The Turkish Government recognises the injustice of the law of 1915
relating to Abandoned Properties (Emval-i-Metroukeh), and of the
supplementary provisions thereof, and declares them to be null and
void, in the past as in the future.
The Turkish Government solemnly undertakes to facilitate to the
greatest possible extent the return to their homes and
re-establishment in their businesses of the Turkish subjects of
non-Turkish race who have been forcibly driven from their homes by
fear of massacre or any other form of pressure since January 1,
1914. It recognises that any immovable or movable property of the said
Turkish subjects or of the communities to which they belong, which can
be recovered, must be restored to them as soon as possible, in
whatever hands it may be found. Such property shall be restored free
of all charges or servitudes with which it may have been burdened and
without compensation of any kind to the present owners or occupiers,
subject to any action which they may be able to bring against the
persons from whom they derived title.
The Turkish Government agrees that arbitral commissions shall be
appointed by the Council of the League of Nations wherever found
necessary. These commissions shall each be composed of one
representative of the Turkish Government, one representative of the
community which claims that it or one of its members has been injured,
and a ehairman appointed by the Council of the League of
Nations. These arbitral commissions shall hear all claims covered by
this Article and decide them by summary procedure.
The arbitral commissions will have power to order:
(1) The provision by the Turkish Government of labour for any work of
reconstruction or restoration deemed necessary. This labour shall be
recruited from the races inhabiting the territory where the arbitral
commission considers the execution of the said works to be necessary
(2) The removal of any person who, after enquiry, shall be recognised
as having taken an active part in massacres or deportations or as
having provoked them; the measures to be taken with regard to such
person's possessions will be indicated by the commission;
(3) The disposal of property belonging to members of a community who
have died or disappeared since January 1, 1914, without leaving heirs;
such property may be handed over to the community instead of to the
State
(4) The cancellation of all acts of sale or any acts creating rights
over immovable property concluded after January 1, I914. The
indemnification of the holders will be a charge upon the Turkish
Government, but must not serve as a pretext for delaying the
restitution. The arbitral commission will, however have the power to
impose equitable arrangements between the interested parties, if any
sum has been paid by the present holder of such property.
The Turkish Government undertakes to facilitate in the fullest
possible measure the work of the commissions and to ensure the
execution of their decisions, which will be final. No decision of the
Turkish judicial or administrative authorities shall prevail over such
decisions.
ARTICLE 145.
All Turkish nationals shall be equal before the law and shall enjoy
the same civil and political rights without distinction as to race,
language or religion.
Difference of religion, creed or confession shall not prejudice any
Turkish national in matters relating to the enjoyment of civil or
political rights, as for instance admission to public employments,
functions and honours, or the exercise of professions and industries.
Within a period of two years from the coming into force of the present
Treaty the Turkish Government will submit to the Allied Powers a
scheme for the organisation of an electoral system based on the
principle of proportional representation of racial minorities.
No restriction shall be imposed on the free use by any Turkish
national of any language in private intercourse, in commerce,
religion, in the press or in publications of any kind, or at public
meetings. Adequate facilities shall be given to Turkish nationals of
non-Turkish speech for the use of their language, either orally or in
writing, before the courts.
ARTICLE 146.
The Turkish Government undertakes to recognize the validity of
diplomas granted by recognised foreign universities and schools, and
to admit the holders thereof to the free exercise of the professions
and industries for which such diplomas qualify.
This provision will apply equally to nationals of Allied powers who
are resident in Turkey.
ARTICLE 147.
Turkish nationals who belong to racial, religious or linguistic
minorities shall enjoy the ame treatment and security in law and in
fact as other Turkish nationals. In particular they shall have an
equal right to establish, manage and control at their own expense, and
independently of and without interference by the Turkish authorities,
any charitable, religious and social institutions, schools for
primary, secondary and higher instruction and other educational
establishments, with the right to use their own language and to
exercise their own religion freely therein.
ARTICLE 148.
In towns and districts where there is a considerable proportion of
Turkish nationals belonging to racial, linguistic or religious
minorities, these minorities shall be assured an equitable share in
the enjoyment and application of the sums which may be provided out of
public funds under the State, municipal or other budgets for
educational or charitable purposes.
The sums in question shall be paid to the qualified representatives of
the communities concerned.
ARTICLE 149.
The Turkish Government undertakes to recognise and respect the
ecclesiastical and scholastic autonomy of all racial minorities in
Turkey. For this purpose, and subject to any provisions to the
contrary in the present Treaty, the Turkish Government confirms and
will uphold in their entirety the prerogatives and immunities of an
ecclesiastical, scholastic or judicial nature granted by the Sultans
to non-Moslem races in virtue of special orders or imperial decrees
(firmans, hattis, berats, etc.) as well as by ministerial orders or
orders of the Grand Vizier.
All laws, decrees, regulations and circulars issued by the Turkish
Government and containing abrogations, restrictions or amendments of
such prerogatives and immunities shall be considered to such extent
null and void.
Any modification of the Turkish judical system which may be introduced
in accordance with the provisions of the present Treaty shall be held
to override this Article, in so far as such modification may affect
individuals belonging to racial minorities.
ARTICLE 150.
In towns and districts where there is resident a considerable
proportion of Turkish nationals of the Christian or Jewish religions
the Turkish Government undertakes that such Turkish nationals shall
not be compelled to perform any act which constitutes a violation of
their faith or religious observances, and shall not be placed under
any disability by reason of their refusal to attend courts of law or
to perform any legal business on their weekly day of rest. This
provision, however, shall not exempt such Turkish nationals
(Christians or Jews) from such obligations as shall be imposed upon
all other Turkish nationals for the preservation of public order.
ARTICLE 151.
The Principal Allied Powers, in consultation with the Council of the
League of Nations, will decide what measures are necessary to
guarantee the execution of the provisions of this Part. The Turkish
Government hereby accepts all decisions which may be taken on this
subject.
PART V.
MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of a general limitation of
the armaments of all nations, Turkey undertakes strictly to observe
the military, naval and air clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
GENERAL CLAUSES.
ARTICLE 152.
The armed force at the disposal of Turkey shall only consist of:
(I) The Sultan's bodyguard;
(2) Troops of gendarmerie, intended to maintain order and security in
the interior and to ensure the protection of minorities
(3) Special elements intended for the reinforcement of the troops of
gendarmerie in case of serious trouble, and eventually to ensure the
control of the frontiers.
ARTICLE 153.
Within six months from the coming into force of the present Treaty,
the military forces other than that provided for in Article 152 shall
be demobilised and disbanded.
CHAPTER II.
EFFECTIVES, ORGANISATION AND CADRES OF THE TURKISH ARMED FORCE.
ARTICLE 154.
The Sultan's bodyguard shall consist of a staff and infantry and
cavalry units, the strength of which shall not exceed 700 offirers and
men. This strength is not included in the total force provided for in
Article 155.
The composition of this guard is given in Table 1 annexed to this
Section.
ARTICLE 155.
The total strength of the forces enumerated in paragraphs (2) and (3)
of Article 152 shall not exceed 50,000 men, including staffs,
offficers, training personnel and depot troops.
ARTICLE 156.
The troops of gendarmerie shall be distributed over the territory of
Turkey, which for this purpose will be divided into territorial areas
to be delimited as provided in Article 200.
A legion of gendarmerie, composed of mounted and unmounted troops,
provided with machine guns and with administrative and medical
services will be organised in each territorial region, it will supply
in the vilayets, sandjaks, cazas, etc., the detachments necessary for
the organisation of a fixed protective service, mobile reserves being
at its disposal at one or more points within the region.
On account of their special duties, the legions shall not include
either artillery or technical services.
The total strength of the legions shall not exceed 35,000 men, to be
included in the total strength of the armed force provided for in
Article 155.
The maximum strength of any one legion shall not exceed one quarter of
the total strength of the legions.
The elements of any one legion shall not be employed outside the
territory of their region, except by special authorisation from the
Inter-Allied Commission provided for in Article 200.
ARTICLE 157.
The special elements for reinforcements may include details of
infantry, cavalry, mountain artillery, pioneers and the corresponding
technical and general services; their total strength shall not exceed
15,000 men, to be included in the total strength provided for in
Article 155.
The number of such reinforcements for any one legion shall not exceed
one third of the whole strength of these elements without the special
authority of the Inter-Allied Commission provided for in Article 200.
The proportion of the various arms and services entering into the
composition of these special elements is laid down in Table II annexed
to this Section.
Their quartering will be fixed as provided in Article 200.
ToTable 2
ARTICLE 158.
In the formations referred to in Articles 156 and 157, the proportion
of officers, including the personnel of staffs and special services,
shall not exceed one twentieth of the total effectives with the
colours, and that of non-commissioned officers shall not exceed one
twelfth of the total effectives with the colours.
ARTICLE 159.
Offficers supplied by the various Allied or neutral Powers shail
collaborate, under the direction of the Turkish Government, in the
command, the organisation and the training of the gendarmerie officers
authorised by Article 158, but their number shall not exceed fifteen
per cent. of that strength. Special agreements to be drawn up by the
Inter-Allied Commission mentioned in Article 200 shall fix the
proportion of these offficers according to nationality, and shall
determine the conditions of their participation in the various
missions assigned to them by this Article.
ARTICLE 160.
In any one territorial region all officers placed at the disposal of
the Turkish Government under the conditions laid down in Article 159
shall in principle be of the same nationality.
ARTICLE 161.
In the zone of the Straits and islands referred to in Article 178,
excluding the islands of Lemnos, Imbros, Samothrace Tenedos and
Mitylene, the forces o Turkish, will be under the Inter-Allied Command
of the forces in occupation of that zone.
ARTICLE 162.
All measures of mobilisation, or appertaining to mobilisation or
tending to an increase of the strength or of the means of transport of
any of the forces provided for in this Chapter are forbidden.
The various formations, staffs and administrative services shall not,
in any case, include supplementary cadres.
ARTICLE 163.
Within the period fixed by Article 153, all existing forces of
gendarmerie shall be amalgamated with the legions provided for in
Article 156.
ARTICLE 164.
The formation of any body of troops not provided for in this Section
is forbidden.
The suppression of existing formations which are in excess of the
authorised strength of 50,000 men (not including the Sultan's
bodyguard) shall be effected progressively from the date of the
signature of the present Treaty, in such manner as to be completed
within six months at the latest after the coming into force of the
Treaty, in accordance with the provisions of Article 158.
The number of offficers, or persons in the position of offficers, in
the War Ministry and the Turkish General Staff, as well as in the
administrations attached to them, shail, within the same period, be
reduced to the establishment considered by the Commission referred to
in Article 200 as strictly necessary for the good working of the
general services of the armed Turkish force, this establishment being
included in the maximum figure laid down in Article 158.
CHAPTER III.
RECRUITING.
ARTICLE 165.
The Turkish armed force shall in future be constituted and recruited
by voluntary enlistment only.
Enlistment shall be open to all subjects of the Turkish State equally,
without distinction of race or religion.
As regards the legions referred to in Article 156, their system of
recruiting shall be in principle regional, and so regulated that the
Moslem and non-Moslem elements of the population of each region may
be, so far as possible, represented on the strength of the
corresponding legion.
The provisions of the preceding paragraphs apply to offficers as well
as to men.
ARTICLE 166.
The length of engagement of non-commissioned officers and men shall be
twelve consecutive years.
The annual replacement of men released from service for any reason
whatever before the expiration of their term of engagement shall not
exceed five per cent. of the total effectives fixed hy Article 155.
ARTICLE 167.
All officers must be regulars (officers de carriere).
Officers at present serving in the army or the gendarmerie who are
retained in the new armed force must undertake to serve at least up to
the age of forty-five.
Offficers at present serving in the army or the gendarmerie who are
not admitted to the new armed force shall be definitely released from
all military obligations, and must not take part in any military
exercises, theoretical or practical.
Officers newly-appointed must undertake to serve on the active list
for at least twenty-five consecutive years.
The annual replacement of officers leaving the service for any cause
before the expiration of their term of engagement shall not exceed
five per cent. of the total effectives of officers provided by Article
158.
CHAPTER IV.
SCHOOLS, EDUCATIONAL ESTABLISHMENTS, MILITARY CLASS AND SOCIETIES
ARTICLE 168.
On the expiration of three months from the coming into force of the
present Treaty there must only exist in Turkey the number of military
schools which is absolutely indispensable for the recruitment of
offficers and non-commissioned officers of the units allowed, i.e.:
school for officers;
1 school per territorial region for non-commissioned officers.
The number of students admitted to instruction in these schools shall
be strictly in proportion to the vacancies to be filled in the cadres
of officers and non-commissioned officers.
ARTICLE 169.
Educational establishments, other than those referred to in Article
168, as well as all sporting or other societies, must not occupy
themselves with any military matters.
CHAPTER V.
CUSTOMS OFFICIALS, LOCAL URBAN AND RURAL POLICE, FOREST GUARDS.
ARTICLE 170.
Without prejudice to the provisions of Article 48, Part III (Political
Clauses), the number of customs officials, local urban or rural
police, forest guards or other like officials shall not exceed the
number of men employed in a similar capacity in 1913 within the
territorial limits of Turkey as fixed by the present Treaty.
The number of these officials may only be increased in the future in
proportion to the increase of population in the localities or
municipalities which employ them.
These employees and officials, as well as those employed in the
railway service, must not be assembled for the purpose of taking part
in any military exercises.
In each administrative district the local urban and rural police and
forest guards shall be recruited and officered according to the
principles laid down in the case of the gendarmerie by Article 165.
In the Turkish police, which, as forming part of the civil
administration of Turkey, will remain distinct from the Turkish armed
force, officers or officials supplied by the various Allied or neutral
Powers shall collaborate, under the direction of the Turkish
Government, in the organisation the command and the training of the
said police. The number of these officers or officials shall not
exceed fifteen per cent. of the strength of similar Turkish officers
or officials.
CHAPTER VI.
ARMAMENT, MUNITIONS AND MATERIAL
ARTICLE 171 .
On the expiration of six months from the coming into force of the
present Treaty, the armament which may be in use or held in reserve
for replacement in the various formations of the Turkish armed force
shall not exceed the figures fixed per thousand men in Table III
annexed to this Section.
ARTICLE 172
The stock of munitions at the disposal of Turkey shall not exceed the
amounts fixed in Table III annexed to this Section.
ARTICLE 173.
Within six months from the coming into force of the present Treaty all
existing arms, munitions of the various categories and war material in
excess of the quantities authorised shall be handed over to the
Military Inter-Allied Commission of Control provided for in Article
200 in such places as shall be appointed by this Commission.
The Principal Allied Powers will decide what is to be done with this
material.
ARTICLE 174.
The manufacture of arms, munitions and war material, including
aircraft and parts of aircraft of every description, shall take place
only in the factories or establishments authorised by the Inter-Allied
Commission referred to in Article 200.
Within six months from the coming into force of the present Treaty all
other establishments for the manufacture, preparation, storage or
design of arms, munitions or any war material shall be abolished or
converted to purely commercial uses.
The same will apply to all arsenals other than those utilised as
depots for the authorised stocks of munitions.
The plant of establishments or arsenals in excess of that required for
the authorised manufacture shall be rendered useless or converted to
purely commercial uses, in accordance with the decisions of the
Military Inter-Allied Commission of Control referred to in Article
200.
ARTICLE 175
The importation into Turkey of arms, munitions and war materials,
including aircraft and parts of aircraft of every description, is
strictly forbidden, except with the special authority of the
Inter-Allied Commission referred to in Article 200.
The manufacture for foreign countries and the exportation of arms,
munitions and war material of any description is also forbidden.
ARTICLE 176.
The use of flame-throwers, asphyxiating, poisonous or other gases and
all similar liquids, materials or processes being forbidden, their
manufacture and importation are strictly forbidden in Turkey.
Material specially intended for the manufacture, storage or use of the
said products or processes is equally forbidden.
The manufacture and importation into Turkey of armoured cars, tanks or
any other similar machines suitable for use in war are equally
forbidden.
CHAPTER VII.
FORTIFICATIONS
ARTICLE 177.
In the zone of the Straits and islands referred to in Article 178 the
fortifications will be disarmed and demolished as provided in that
Article.
Outside this zone, and subject to the provisions of Article 89, the
existing fortified works may be preserved in their present condition,
but will be disarmed within the same period of three months.
CHAPTER VIII.
MAINTENANCE OF THE FREEDOM OF THE STRAITS
ARTICLE 178.
For the purpose of guaranteeing the freedom of the Straits, the High
Contracting Parties agree to the following provisions:
(I) Within three months from the coming into force of the present
Treaty, all works, fortifications and batteries within the zone
defined in Article 179 and comprising the coast and islands of the Sea
of Marmora and the coast of the Straits, also those in the Islands of
Lemnos, Imbros, Samothrace, Tenedos and Mitylene, shall be disarmed
and demolished.
The reconstruction of these works and the construction of similar
works are forbidden in the above zone and islands. France, Great
Britain and Italy shall have the right to prepare for demolition any
existing roads and railways in the said zone and in the islands of
Lemnos, Imbros, Samothrace, and Tenedos which allow of the rapid
transport of mobile batteries, the construction there of such roads
and railways remaining forbidden.
In the islands of Lemnos, Imbros, Samothrace and Tenedos the
construction of new roads or railways must not be undertaken except
with the authority of the three Powers mentioned above.
(2) The measures prescribed in the first paragraph of (I) shall be
executed by and at the expense of Greece and Turkey as regards their
respective territories, and under control as provided in Article 203.
(3) The territories of the zone and the islands of Lemnos, Imbros,
Samothrace, Tenedos, and Mitylene shall not be used for military
purposes, except by the three Allied Powers referred to above, acting
in concert. This provision does not exclude the employment in the said
zone and islands of forces of Greek and Turkish gendarmerie, who will
be under the Inter-Allied command of the forces of occupation, in
accordance with the provisions of Article 161, nor the maintenance of
a garrison of Greek troops in the island of Mitylene, nor the presence
of the Sultan's bodyguard referred to in Article 152.
(4) The said Powers, acting in concert, shall have the right to
maintain in the said territories and islands such military and air
forces as they may consider necessary to prevent any action being
taken or prepared which might directly or indirectly prejudice the
freedom of the Straits.
This supervision will be carried out in naval matters by a guard-ship
belonging to each of the said Allied Powers.
The forces of occupation referred to above may, in case of necessity,
exercise on land the right of requisition, subject to the same
conditions as those laid down in the Regulations annexed to the Fourth
Hague Convention, 1907, or any other Convention replacing it to which
all the said Powers are parties. Requisitions shall, however, only be
made against payment on the spot.
ARTICLE 179.
The zone referred to in Article 178 is defined as follows:
(I) In Europe:
From Karachali on the Gulf of Xeros north-eastwards,
a line reaching and then following the southern boundary of the basin
of the Beylik Dere to the crest of the Kuru Dagh;
then following that crest line,
then a straight line passing north of Emerli, and south of Derelar,
then curving north-north-eastwards and cutting the road from Rodosto
to Malgara 3 kilometres west of Ainarjik and then passing 6 kilometres
south-east of Ortaja Keui,
then curving north-eastwards and cutting the road from Rodosto to
Hairobolu 18 kilometres northwest of Rodosto,
then to a point on the road from Muradli to Rodosto about kilometre
south of Muradli,
a straight line;
thence east-north-eastwards to.Yeni Keui,
a straight line, modified, however, so as to pass at a minimum
distance of 2 kilometres north of the railway from Chorlu to Chatalja;
thence north-north-eastwards to a point west of Istranja,
situated on the frontier of Turkey in Europe as defined in
Article 27, 1 (2),
a straight line leaving the village of Yeni Keui within the zone;
thence to the Black Sea,
the frontier of Turkey in Europe as defined in Article 27, 1 (2).
(2) In Asia:
From a point to be determined by the Principal Allied Powers between
Cape Dahlina and Kemer Iskele on the gulf of Adramid
east-north-eastwards,
a line passing south of Kemer Iskele and Kemer together with the road
joining these places;
then to a point immediately south of the point where the Decauville
railway from Osmanlar to Urchanlar crosses the Diermen Dere,
a straight line;
thence north-eastwards to Manias Geul,
a line following the right bank of the Diermen Dere, and Kara Dere Suyu;
thence eastwards, the southern shore of Manias Geul;
then to the point where it is crossed by the railway from Panderma to
Susighirli, the course of the Kara Dere upstream;
thence eastwards to a point on the Adranos Chai about kilometres from
its mouth near Kara Oghlan,
a straight line;
thence eastwards, the course of this river downstream then the
southern shore of Abulliont Geul;
then to the point where the railway from Mudania to Brusa crosses the
Ulfer Chai, about 5 kilometres northwest of Brusa,
a straight line;
thence north-eastwards to the confluence of the rivers about 6
kilometres north of Brusa,
the course of the Ulfer Chai downstream;
thence eastwards to the southernmost point of Iznik Geul,
a straight line;
thence to a point 2 kilometres north of Iznik,
the southern and eastern shores of this lake;
thence north-eastwards to the westernmost point of Sbanaja Geul,
a line following the crest line Chirchir Chesme, Sira Dagh,
Elmali Dagh, Kalpak Dagh, Ayu Tepe, Hekim Tepe; thence northwards to a
point on the road from Ismid to Armasha, 8 kilometres southwest of
Armasha,
a line following as far as possible the eastern boundary of the basin
of the Chojali Dere;
thence to a point on the Black Sea, 2 kilometres east of the mouth of
the Akabad R, a straight line.
ARTICLE 180.
A Commission shall be constituted within fifteen days from the coming
into force of the present Treaty to trace on the spot the boundaries
of the zone referred to in Article 178, except in so far as these
boundaries coincide with the frontier line described in Article
27,1(2). This Commission shall be composed of three members nominated
by the military authorities of France, Great Britain and Italy
respectively, with, for the portion of the zone placed under Greek
sovereignty, one member nominated by the Greek Government, and, for
the portion of the zone remaining under Turkish sovereignty, one
member nominated by the Turkish Government. The decisions of the
Commission, which will be taken by a majority, shall be binding on the
parties concerned. The expenses of this Commission will be included in
the expenses of the occupation of the said zone.
SECTION II.
NAVAL CLAUSES.
ARTICLE 181.
From the coming into force of the present Treaty all warships interned
in Turkish ports in accordance with the Armistice of October 30, 1918,
are declared to be finally surrendered to the Principal Allied Powers.
Turkey will, however, retain the right to maintain along her coasts
for police and fishery duties a number of vessels which shall not
exceed:
7 sloops,
6 torpedo boats.
These vessels will constitute the Turkish Marine, and will be chosen
by the Naval Inter-Allied Commission of Control referred to in Article
201 from amongst the following vessels:
SLOOPS
Aidan Reis.Hizir Reis.
Burock Reis.Kemal Reis.
Sakis.Issa Reis.
Prevesah.
TORPEDO-BOATS
Sisri Hissar. Moussoul.
Sultan Hissor. Ack Hissar.
Drach. Younnous.
The authority established for the control of customs will be entitled
to appeal to the three Allied Powers referred to in Article 178 in
order to obtain a more considerable force, if such an increase is
considered indispensable for the satisfactory working of the services
concerned.
Sloops may carry a light armament of two guns inferior to 77 m /m. and
two machine guns. Torpedo-boats (or patrol launches) may carry a light
armament of one gun inferior to 77 m/m. All the torpedoes and
torpedo-tubes on board will be removed.
ARTICLE 182.
Turkey is forbidden to construct or acquire any warships other than
those intended to replace the units referred to in Article
181. Torpedo-boats shall be replaced by patrol launches.
The vessels intended for replacement purposes shall not exceed: 600
tons in the case of sloops;
l00 tons in the case of patrol launches.
Except where a ship has been lost, sloops and torpedo-boats shall only
be replaced after a period of twenty years, counting from the
launching of the ship.
ARTICLE 183.
The Turkish armed transports and fleet auxiliaries enumerated below
shall be disarmed and treated as merchant ships:
Rechid Pasha (late Port Antonio).
Tir-i-Mujghion (late Pembroke Castle).
Kiresund (late Warwick Castle).
Millet (late Seagull).
Akdeniz. Bosphorus ferry-boats Nos. 60, 61, 63 and 70.
ARTICLE 184.
All warships, including submarines, now under construction in Turkey
shall be broken up, with the exception of such surface vessels as can
be completed for commercial purposes.
The work of breaking up these vessels shall be commenced on the coming
into force of the present Treaty.
ARTICLE 185.
Articles, machinery and material arising from the breaking up of
Turkish warships of all kinds, whether surface vessels or submarines,
may not be used except for purely industrial or commercial
purposes. They may not be sold or disposed of to foreign countries.
ARTICLE 186.
The construction or acquisition of any submarine, even for commercial
purposes, shall be forbidden in Turkey.
ARTICLE 187.
The vessels of the Turkish Marine enumerated in Article 181 must have
on board or in reserve only the allowance of war material and
armaments fixed by the Naval Inter-Allied Commission of Control
referred to in Article 201. Within a month from the time when the
above quantities are fixed all armaments rmunitions or other naval war
material including mines and torpedoes, belonging to Turkey at the
time of the signing of the Armistice of October 30, 1918, must be
definitely surrendered to the Principal Allied Powers.
The manufacture of these articles in Turkish territory for, and their
export to, foreign countries shall be forbidden.
All other stocks, depots or reserves of arms, munitions or naval war
material of all kinds are forbidden.
ARTICLE 188.
The Naval Inter-Allied Commission of Control will fix the number of
officers and men of all grades and corps to be admitted in accordance
with the provisions of Article 189, into the Turkish Marine. This
number will include the personnel for manning the ships left to Turkey
in accordance with Article 181, and the administrative personnel of
the police and fisheries protection services and of the semaphore
stations.
Within two months from the time when the above number is fixed, the
personnel of the former Turkish Navy in excess of this number shall be
demobilised.
No naval or military corps or reserve force in connection with the
Turkish Marine may be organised in Turkey without being included in
the above strength.
ARTICLE 189.
The personnel of the Turkish Marine shall be recuited entirely by
voluntary engagements entered into for a minimum period of twenty-five
consecutive years for officers, and twelve consecutive years for petty
officers and men.
The number engaged to replace those discharged for any reason other
than the expiration of their term of service must not exceed five per
cent. per annum of the total personnel fixed by the Naval Inter-Allied
Commission of Control.
The personnel discharged from the former Turkish Navy must not receive
any kind of naval or military training.
Officers belonging to the former Turkish Navy and not demobilised must
undertake to serve till the age of forty-five, unless discharged for
sufficient reason.
Officers and men belonging to the Turkish mercantile marine must not
receive any kind of naval or military training.
ARTICLE 190.
On the coming into force of the present Treaty all the wireless
stations in the zone referred to in Article 178 shall be handed over
to the Principal Allied Powers. Greece and Turkey shall not construct
any wireless stations in the said zone.
SECTION III.
AIR CLAUSES.
ARTICLE 19l.
The Turkish armed forces must not include any military or naval air
forces.
No dirigible shall be kept.
ARTICLE 192.
Within two months from the coming into force of the present Treaty the
personnel of the air forces on the rolls of the Turkish land and sea
forces shall be demobilised.
ARTICLE 193.
Until the complete evacuation of Turkish territory by the Allied
troops, the aircraft of the Allied Powers shall have throughout
Turkish territory freedom of passage through the air, freedom of
transit and of landing.
ARTICLE 194.
During the six months following the coming into force of the present
Treaty the manufacture, importation and exportation of aircraft of
every kind, parts of aircraft, engines for aircraft and parts of
engines for aircraft shall be forbidden in all Turkish territory.
ARTICLE 195.
On the coming into force of the present Treaty all military and naval
aeronautical material must be delivered by Turkey, at her own expense,
to the Principal Allied Powers.
Delivery must be completed within six months and must be effected at
such places as may be appointed by the Aeronautical Inter-Allied
Commission of Control. The Governments of the Principal Allied Powers
will decide as to the disposal of this material.
In particular, this material will include all items under the
following heads which are or have been in use or were designed for
warlike purposes.
Complete aeroplanes and seaplanes, as well as those being
manufactured, repaired or assembled.
Dirigibles able to take the air, being manufactured, repaired or
assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for aircraft.
Pending their delivery, dirigibles will, at the expense of Turkey be
maintained inflated with hydrogen; the plant for the manufacture of
hydrogen, as well as the sheds for dirigibles, may, at the discretion
of the said Powers, be left to Turkey until the dirigibles are handed
over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine-guns, light machine-guns, bombdropping
apparatus, torpedo-dropping apparatus, synchronising apparatus, aiming
apparatus).
Munitions (cartridges, shells, bombs loaded or unloaded, stocks of
explosives or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic and cinematographic apparatus for
use on aircraft.
Component parts of any of the items under the preceding heads.
All aeronautical material of whatsoever description in Turkey shall be
considered primdfocie as war material, and as such may not be
exported, transferred, lent, used or destroyed, but must remain on the
spot until such time as the Aeronautical Inter-Allied Commission of
Control referred to in Article 202 has given a decision as to its
nature; this Commission will be exclusively entitled to decide all
such points.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL AND ORGANISATION.
ARTICLE 196.
Subject to any special provisions in this Part, the military, naval
and air clauses contained in the present Treaty shall be executed by
Turkey and at her expense under the control of Inter-Allied
Commissions appointed for this purpose by the Principal Allied Powers.
The above-mentioned Commissions will represent the Principal Allied
Powers in dealing with the Turkish Government in all matters relating
to the execution of the military, naval or air clauses. They will
communicate to the Turkish authorities the decisions which the
Principal Allied Powers have reserved the right to take, or which the
execution of the said clauses may necessitate.
ARTICLE 197.
The Inter-Allied Commissions of Control and Organisation may establish
their organisations at Constantinople, and will be entitled, as often
as they think desirable, to proceed to any point whatever in Turkish
territory, or to send sub-commissions, or to authorise one or more of
their members to go, to any such point.
ARTICLE 198.
The Turkish Government must furnish to the Inter-Allied Commissions of
Control and Organisation all such information and documents as the
latter may deem necessary for the accomplishment of their mission, and
must supply at its own expense all labour and material which the said
Commissions may require in order to ensure the complete execution of
the military, naval or air clauses.
The Turkish Government shall attach a qualified representative to each
Commission for the purpose of receiving all communications which the
Commission may have to address to the Turkish Government, and of
supplying or procuring for the Commission all information or documents
which may be required.
ARTICLE 199.
The upkeep and cost of the Inter-Allied Commissions of Control and
Organisation and the expenses incurred by their work shall be borne by
Turkey.
ARTICLE 200.
The Military Inter-Allied Commission of Control and Organisation will
be entrusted on the one hand with the supervision of the execution of
tbe military clauses relating to the reduction of the Turkish forces
within the authorised limits, the delivery of arms and war material
prescribed in Chapter VI of Section I and the disarmament of the
fortified regions prescribed in Chapters VII and VIII of that Section,
and on the other hand with the organisation and the control of the
employment of the new Turkish armed force.
(l) As the Military Inter-Allied Commission of Control it will be its
special duty:
(a) To fix the number of customs officials, local urban and rural
police, forest guards and other like officials which Turkey will be
authorised to maintain in accordance with Article 170.
(b) To receive from the Turkish Government the notifications relating
to the location of the stocks and depots of munitions, the armament of
the fortified works, fortresses and forts, the situation of the works
or factories for the production of arms, munitions and war material
and their operations.
(c) To take delivery of the arms, munitions, war material and plant
intended for manufacture of the same, to select the points where such
delivery is to be effected, and to supervise the works of rendering
things useless and of conversion provided for by the present Treaty.
(2) As the Military Inter-Allied Commission of Organisation it will be
its special duty:
(a) To proceed, in collaboration with the Turkish Government, with the
organisation of the Turkish armed force upon the basis laid down in
Chapters I to IV, Section I of this Part, with the delimitation of the
territorial regions provided for in Article 156, and with the
distribution of the troops of gendarmerie and the special elements for
reinforcement between the different territorial regions;
(b) To control the conditions for the employment, as laid down in
Articles 156 and I57, of these troops of gendarmerie and these
elements, and to decide what effect shall be given to requests of the
Turkish Government for the provisional modification of the normal
distribution of these forces determined in conformity with the said
Articles;
(c) To determine the proportion by nationality of the Allied and
neutral officers to be engaged to serve in the Turkish gendarmerie
under the conditions laid down in Article 159, and to lay down the
conditions under which they are to participate in the different duties
provided for them in the said Article.
ARTICLE 201.
It will be the special duty of the Naval Inter-Allied Commission of
Control to visit the building yards and to supervise the breaking-up
of the ships, to take delivery of the arms, munitions and naval war
material and to supervise their destruction and breaking up.
The Turkish Government must furnish to the Naval Inter-Allied
Commission of Control all such information and documents as the latter
may deem necessary to ensure the complete execution of the naval
clauses, in particular the designs of the warships, the composition of
their armaments, the details and models of the guns, munitions,
torpedoes, mines, explosives, wireless telegraphic apparatus and in
general everything relating to naval war material, as well as all
legislative or administrative documents and regulations.
ARTICLE 202.
It will be the special duty of the Aeronautical Inter-Allied
Commission of Control to make an inventory of the aeronautical
material now in the hands of the Turkish Government, to inspect
aeroplane, balloon and motor manufactories and factories producing
arms, munitions and explosives capable of being used by aircraft, to
visit all aerodromes, sheds, landing grounds, parks and depots on
Turkish territory, to arrange, if necessary, for the removal of
material and to take delivery of such material.
The Turkish Government must furnish to the Aeronautical Inter-Allied
Commission of Control all such information and legislative,
administrative or other documents as the Commission may consider
necessary to ensure the complete execution of the air clauses, and in
particular a list of the personnel belonging to all the Turkish air
services and of the existing material as well as of that in process of
manufacture or on order, and a complete list of all establishments
working for aviation, of their positions, and of all sheds and landing
grounds.
ARTICLE 203.
The Military, Naval and Aeronautical Inter-Allied Commissions of
Control will appoint representatives who will be jointly responsible
for controlling the execution of the operations provided for in
paragraphs (1) and (2) of Article 178.
ARTICLE 204.
Pending the definitive settlement of the political status of the
territories referred to in Article 89, the decisions of the Inter-
Allied Commissions of Control and Organisation will be subject to any
modifications which the said Commissions may consider necessary in
consequence of such settlement.
ARTICLE 205.
The Naval and Aeronautical Inter-Allied Commissions of Control will
cease to operate on the completion of the tasks assigned to them
respectively by Articles 201 and 202.
The same will apply to the section of the Military Inter-Allied
Commission entrusted with the functions of control prescribed in
Article 200 (1).
The section of the said Commission entrusted with the organisation of
the new Turkish armed force as provided in Article 200 (2) will
operate for five years from the coming into force of the present
Treaty. The Principal Allied Powers reserve the right to decide, at
the end of this period, whether it is desirable to maintain or
suppress this section of the said Commission.
SECTION V.
GENERAL PROVISIONS.
ARTICLE 206.
The following portions of the Armistice of October 30, 1918: Articles
7, 10, 12, 13 and 24 remain in force so far as they are not
inconsistent with the provisions of the present Treaty.
ARTICLE 207.
Turkey undertakes from the coming into force of the present Treaty not
to accredit to any foreign country any military, naval or air mission,
and not to send or allow the departure of such mission; she
undertakes, moreover, to take the necessary steps to prevent Turkish
nationals from leaving her territory in order to enlist in the army,
fleet or air service of any foreign Power, or to be attached thereto
with the purpose of helping in its training, or generally to give any
assistance to the military, naval or air instruction in a foreign
country.
The Allied Powers undertake on their part that from the coming into
force of the present Treaty they will neither enlist in their armies,
fleets or air services nor attach to them any Turkish national with
the object of helping in military training, or in general employ any
Turkish national as a military, naval or air instructor.
The present provision does not, however, affect the right of France to
recruit for the Foreign Legion in accordance with French military laws
and regulations.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 208.
The repatriation of Turkish prisoners of war and interned civilians
who have not already been repatriated shall continue as quickly as
possible after the coming into force of the present Treaty.
ARTICLE 209.
From the time of their delivery into the hands of the Turkish
authorities, the prisoners of war and interned civilians are to be
returned without delay to their homes by the said authorities.
Those among them who, before the war, were habitually resident in
territory occupied by the troops of the Allied Powers are likewise to
be sent to their homes, subject to the consent and control of the
military authorities of the Allied armies of occupation.
ARTICLE 210.
The whole cost of repatriation from October 30, 1918, shall be borne
by the Turkish Government.
ARTICLE 211.
Prisoners of war and interned civilians awaiting disposal or
undergoing sentence for offences against discipline shall be
repatriated irrespective of the completion of their sentence or of the
proceedings pending against them.
This stipulation shall not apply to prisoners of war and interned
civilians punished for offences committed subsequent to June 15, 1920.
During the period pending their repatriation, all prisoners of war and
interned civilians shall remain subject to the existing regulations,
more especially as regards work and discipline.
ARTICLE 212.
Prisoners of war and interned civilians who are awaiting trial or
undergoing sentence for offences other than those against discipline
may be detained.
ARTICLE 213.
The Turkish Government undertakes to admit to its territory without
distinction all persons liable to repatriation.
Prisoners of war or Turkish nationals who do not desire to be
repatriated may be excluded from repatriation; but the Allied
Governments reserve to themselves the right either to repatriate them
or to take them to a neutral country or to allow them to reside in
their own territories.
The Turkish Government undertakes not to institute any exceptional
proceedings against these persons or their families nor to take any
repressive or vexatious measures of any kind whatsoever against them
on this account.
ARTICLE 214.
The Allied Governments reserve the right to make the repatriation of
Turkish prisoners of war or Turkish nationals in their hands
conditional upon the immediate notification and release by the Turkish
Government of any prisoners of war and other nationals of the Allied
Powers who are still held in Turkey against their will.
ARTICLE 2I5.
The Turkish Government undertakes:
(I) To give every facility to Commissions entrusted by the Allied
Powers with the search for the missing or the identification of Allied
nationals who have expressed their desire to remain in Turkish
territory; to furnish such Commissions with all necessary means of
transport; to allow them access to camps, prisons, hospitals and all
other places; and to place at their disposal all documents whether
public or private which would facilitate their enquiries;
(2) To impose penalties upon any Turkish officials or private persons
who have concealed the presence of any nationals of any of the Allied
Powers, or who have neglected to reveal the presence of any such after
it had come to their knowledge;
(3) To facilitate the establishing of criminal acts punishable by the
penalties referred to in Part VII (Penalties) of the present Treaty
and committed by Turks against the persons of prisoners of war or
Allied nationals during the war.
ARTICLE 216.
The Turkish Govermnent undertakes to restore without delay from the
date of the coming into force of the present Treaty all articles,
equipment, arms, money, securities, documents and personal effects of
every description which have belonged to officers, soldiers or sailors
or other nationals of the Allied Powers and which have been retained
by the Turkish authorities.
ARTICLE 217.
The High Contracting Parties waive reciprocally all repayment of sums
due for the maintenance of prisoners of war in their respective
territories.
SECTION II.
GRAVES.
ARTICLE 218.
The Turkish Government shall transfer to the British, French and
Italian Governments respectively full and exclusive rights of
ownership over the land within the boundaries of Turkey as fixed by
the present Treaty in which are situated the graves of their soldiers
and sailors who fell in action or died from wounds, accident or
disease, as well as over the land required for laying out cemeteries
or erecting memorials to these soldiers and sailors, or providing
means of access to such cemeteries or memorials.
The Greek Government undertakes to fulfil the same obligation so far
as concerns the portion of the zone of the Straits and the islands
placed under its sovereignty.
ARTICLE 219.
Within six months from the coming into force of the present Treaty the
British, French and Italian Governments will respectively notify to
the Turkish Government and the Greek Government the land of which the
ownership is to be transferred to them in accordance with Article
218. The British, French and Italian Governments will each have the
right to appoint a Commission, which shall be exclusively entitled to
examine the areas where burials have or may have taken place, and to
make suggestions with regard to the re-grouping of graves and the
sites where cemeteries are eventually to be established. The Turkish
Government and the Greek Government may be represented on these
Commissions, and shall give them all assistance in carrying out their
mission.
The said land will include in particular the land in the Gallipoli
Peninsula shown on map No. 3 [see Introduction]; the limits of this
land will be notified to the Greek Government as provided in the
preceding paragraph. The Government in whose favour the transfer is
made undertakes not to employ the land, nor to allow it to be
employed, for any purpose other than that to which it is
dedicated. The shore may not be employed for any military, marine or
commercial purpose.
ARTICLE 220.
Any necessary legislative or administrative measures for the transfer
to the British, French and Italian Governments respectively of full
and exclusive rights of ownership over the land notified in accordance
with Article 219 shall be taken by the Turkish Government and the
Greek Government respectively within six months from the date of such
notification. If any compulsory acquisition of the land is necessary
it will be effected by, and at the cost of, the Turkish Government or
the Greek Government, as the case may be.
ARTICLE 221.
The British, French and Italian Governments may respectively entrust f
gendarmerie, Greek and Turkish, will be under the I deem fit the
establishment, arrangement, maintenance and care of the cemeteries,
memorials and graves situated in the land referred to in Article 218.
These Commissions or organisations shall be officially recognised by
the Turkish Government and the Greek Government respectively. They
shall have the right to undertake any exhumations or removal of bodies
which they may consider necessary in order to concentrate the graves
and establish cemeteries; the remains of soldiers or sailors may not
be exhumed, on any pretext whatever, without the authority of the
Commission or organisation of the Government concerned.
ARTICLE 222.
The land referred to in this Section shall not be subjected by Turkey
or the Turkish authorities, or by Greece or the Greek authorities, as
the case may be, to any form of taxation. Representatives of the
British, French or Italian Governments, as well as persons desirous of
visiting the cemeteries, memorials and graves, shall at all times have
free access thereto. The Turkish Government and the Greek Government
respectively undertake to maintain in perpetuity the roads leading to
the said land.
The Turkish Government and the Greek Government respectively undertake
to afford to the British, French and Italian Governments all necessary
facilities for obtaining a sufficient water supply for the
requirements of the staff engaged in the maintenance or protection of
the said cemeteries or memorials, and for the irrigation of the land.
ARTICLE 223.
The provisions of this Section do not affect the Turkish or Greek
sovereignty, as the case may be, over the land transferred. The
Turkish Government and the Greek Government respectively shall take
all the necessary measures to ensure the punishment of persons subject
to their jurisdiction who may be guilty of any violation of the rights
conferred on the Allied Governments, or of any desecration of the
cemeteries, memorials or graves.
ARTICLE 224.
Without prejudice to the other provisions of this Section, the Allied
Governments and the Turkish Government will cause to be respected and
maintained the graves of soldiers and sailors buried in their
respective territories, including any territories for which they may
hold a mandate in conformity with the Covenant of the League of
Nations.
ARTICLE 225.
The graves of prisoners of war and interned civilians who are
nationals of the different belligerent States and have died in
captivity shall be properly maintained in accordance with Article 224.
The Allied Governments on the one hand and the Turkish Government on
the other reciprocally undertake also to furnish to each other:
(1) A complete list of those who have died, together with all
information useful for identification
(2) All information as to the number and position of the graves of all
those who have been buried without identification.
PART VII.
PENALTIES.
ARTICLE 226.
The Turkish Government recognises the right of the Allied Powers to
bring before military tribunals persons accused of having committed
acts in violation of the laws and customs of war. Such persons shall,
if found guilty, be sentenced to punishments laid down by law. This
provision will apply notwithstanding any proceedings or prosecution
before a tribunal in Turkey. or in the territory of her allies.
The Turkish Government shall hand over to the Allied Powers or to such
one of them as shall so request all persons accused of having
committed an act in violation of the laws and customs of war, who are
specified either by name or by the rank, office or employment which
they held under the Turkish authorities.
ARTICLE 227.
Persons guilty of criminal acts against the nationals of one of the
Allied Powers shall be brought before the military tribunals of that
Power.
Persons guilty of criminal acts against the nationals of more than one
of the Allied Powers shall be brought before military tribunals
composed of members of the military tribunals of the Powers concerned.
In every case the accused shall be entitled to name his own counsel.
ARTICLE 228.
The Turkish Government undertakes to furnish all documents and
information of every kind, the production of which may be considered
necessary to ensure the full knowledge of the incriminating acts, the
prosecution of offenders and the just appreciation of responsibility.
ARTICLE 229.
The provisions of Articles 226 to 228 apply similarly to the
Governments of the States to which territory belonging to the former
Turkish Empire has been or may be assigned, in so far as concerns
persons accused of having committed acts contrary to the laws and
customs of war who are in the territory or at the disposal of such
States.
If the persons in question have acquired the nationality of one of the
said States, the Government of such State undertakes to take, at the
request of the Power concerned and in agreement with it, or upon the
joint request of all the Allied Powers, all the measures necessary to
ensure the prosecution and punishment of such persons.
ARTICLE 230.
The Turkish Government undertakes to hand over to the Allied Powers
the persons whose surrender may be required by the latter as being
responsible for the massacres committed during the continuance of the
state of war on territory which formed part of the Turkish Empire on
August 1, 1914.
The Allied Powers reserve to themselves the right to designate the
tribunal which shall try the persons so accused, and the Turkish
Government undertakes to recognise such tribunal.
In the event of the League of Nations having created in sufficient
time a tribunal competent to deal with the said massacres, the Allied
Powers reserve to themselves the right to bring the accused persons
mentioned above before such tribunal, and the Turkish Government
undertakes equally to recognise such tribunal.
The provisions of Article 228 apply to the cases dealt with in this
Article.
PART VIII.
FINANCIAL CLAUSES.
ARTICLE 231.
Turkey recognises that by joining in the war of aggression which
Germany and Austria-Hungary waged against the Allied Powers she has
caused to the latter losses and sacrifices of all kinds for which she
ought to make complete reparation.
On the other hand, the Allied Powers recognise that the resources of
Turkey are not sufficient to enable her to make complete reparation.
In these circumstances, and inasmuch as the territorial rearrangements
resulting from the present Treaty will leave to Turkey only a portion
of the revenues of the former Turkish Empire, all claims against the
Turkish Government for reparation are waived by the Allied Powers,
subject only to the provisions of this Part and of Part IX (Economic
Clauses) of the present Treaty.
The Allied Powers, desiring to afford some measure of relief and
assistance to Turkey, agree with the Turkish Government that a
Financial Commission shall be appointed consisting of one
representative of each of the following Allied Powers who are
specially interested, France, the British Empire and Italy, with whom
there shall be associated a Turkish Commissioner in a consultative
capacity. The powers and duties of this Commission are set forth in
the following Articles.
ARTICLE 232.
The Financial Commission shall take such steps as in its judgment are
best adapted to conserve and increase the resources of Turkey.
The Budget to be presented annually by the Minister of Finance to the
Turkish Parliament shall be submitted, in the first instance, to the
Financial Commission, and shall be presented to Parliament in the form
approved by that Commission. No modification introduced by Parliament
shall be operative without the approval of the Financial Commission.
The Financial Commission shall supervise the execution of the Budget
and the financial laws and regulations of Turkey. This supervision
shall be exercised through the medium of the Turkish Inspectorate of
Finance, which shall be placed under the direct orders of the
Financial Commission, and whose members will only be appointed with
the approval of the Commission.
The Turkish Government undertakes to furnish to this Inspectorate all
facilities necessary for the fulfilment of its task, and to take such
action against unsuitable officials in the Financial Departments of
the Government as the Financial Commission may suggest.
ARTICLE 233.
The Financial Commission shall, in addition, in agreement with the
Council of the Ottoman Public Debt and the Imperial Ottoman Bank,
undertake by such means as may be recognised to be opportune and
equitable the regulation and improvement of the Turkish currency.
ARTICLE 234.
The Turkish Government undertakes not to contract any internal or
external loan without the consent of the Financial Commission.
ARTICLE 235.
The Turkish Government engages to pay, in accordance with the
provisions of the present Treaty, for all loss or damage, as defined
in Article 236, suffered by civilian nationals of the Allied Powers,
in respect of their persons or property, through the action or
negligence of the Turkish authorities during the war and up to the
coming into force of the present Treaty.
The Turkish Government will be bound to make to the European
Commission of the Danube such restitutions, reparations and
indemnities as may be fixed by the Financial Commission in respect of
damages inHicted on the said European Commission of the Danube during
the war.
ARTICLE 236.
All the resources of Turkey, except revenues conceded or hypothecated
to the service of the Ottoman Public Debt (see Annex 1), shall be
placed at the disposal of the Financial Commission, which shall employ
them, as need arises, in the following manner:
(i) The first charge (after payment of the salaries and current
expenses of the Financial Commission, and of the ordinary expenses of
such Allied forces of occupation as may be maintained after the coming
into force of the present Treaty in territories remaining Turkish)
shall be the expenses of the Allied forces of occupation since October
30, 1918, in territory remaining Turkish, and the expenses of Allied
forces of occupation in territories detached from Turkey in favour of
a Power other than the Power which has borne the expenses of
occupation.
The amount of these expenses and of the annuities by which they shall
be discharged will be determined by the Financial Commission, which
will so arrange the annuities as to enable Turkey to meet any
deficiency that may arise in the sums required to pay that part of the
interest on the Ottoman Public Debt for which Turkey remains
responsible in accordance with this Part.
(ii) The second charge shall be the indemnity which the Turkish
Government is to pay, in accordance with Article 235, on account of
the claims of the Allied Powers for loss or damage suffered in respect
of their persons or property by their nationals, (other than those who
were Turkish nationals on August 1, 1914) as defined in Article 317,
Part IX (Economic Clauses), through the action or negligence of the
Turkish authorities during the war, due regard being had to the
financial condition of Turkey and the necessity for providing for the
essential expenses of its administration. The Financial Commission
shall adjudicate on and provide for payment of all claims in respect
of personal damage. The claims in respect to property shall be
investigated, determined and paid in accordance with Article 287, Part
IX (Economic Clauses). The Financial Commission shall fix the annuity
to be applied to the settlement of claims in respect of persons as
well as in respect of property, should the funds at the disposal of
the Allied Powers in accordance with the said Article 287, be
insufficient to meet this charge, and shall determine the currency in
which the annuity shall be paid.
ARTICLE 237
Any hypothecation of Turkish revenues effected during the war in
respect of obligations (including the internal debt) contracted by the
Turkish Government during the war is hereby annulled.
ARTICLE 238.
Turkey recognises the transfer to the Allied Powers of any claims to
payment or repayment which Germany, Austria, Bulgaria or Hungary may
have against her, in accordance with Article 261 of the Treaty of
Peace concluded at Versailles on June 28, 19l9, with Germany, and the
corresponding Articles of the Treaties of Peace with Austria, Bulgaria
and Hungary. The Allied Powers agree not to require from Turkey any
pay ment in respect of claims so transferred.
ARTICLE 239.
No new concession shall be granted by the Turkish Government either to
a Turkish subject or otherwise without the consent of the Financial
Commission.
ARTICLE 240.
States in whose favour territory is detached from Turkey shall acquire
without payment all property and possessions situated therein
registered in the name of the Turkish Empire or of the Civil List.
ARTICLE 241.
States in whose favour territory has been detached from Turkey, either
as a result of the Balkan Wars in 1913, or under the present Treaty,
shall participate in the annual charge for the service of the Ottoman
Public Debt contracted before November 1, 1914.
The Governments of the States of the Balkan Peninsula and the
newly-created States in Asia in favour of whom such territory has been
or is detached from Turkey shall give adequate guarantees for the
payment of the share of the above annual charge allotted to them
respectively.
ARTICLE 242.
For the purposes of this Part, the Ottoman Public Debt shall be deemed
to consist of the Debt heretofore governed by the Decree of Mouharrem,
together with such other loans as are enumerated in Annex I to this
Part.
Loans contracted before November 1, 1914, will be taken into account
in the distribution of the Ottoman Public Debt between Turkey, the
States of the Balkan Peninsula and the new States set up in Asia.
This distribution shall be effected in the following manner:
(I) Annuities arising from loans prior to October 17, 19l2 (Balkan
Wars), shall be distributed between Turkey and the Balkan States,
including Albania, which receive or have received any Turkish
territory.
(2) The residue of the annuities for which Turkey remains liable after
this distribution, together with those arising from loans contracted
by Turkey between October 17, 19l2, and November 1, 1914, shall be
distributed between Turkey and the States in whose favour territory is
detached from Turkey under the present Treaty.
ARTICLE 243
The general principle to be adopted in determining the amount of the
annuity to be paid by each State will be as follows:
The amount shall bear the same ratio to the total required for the
service of the Debt as the average revenue of the transferred
territory bore to the average revenue of the whole of Turkey
(including in each case the yield of the Customs surtax imposed in the
year 1907) over the three financial years 1909-10, 1910-11, and
1911-12.
ARTICLE 244
The Financial Commission shall, as soon as possible after the coming
into force of the present Treaty, determine in accordance with the
principle laid down in Article 243 the amount of the annuities
referred to in that Article, and communicate its decisions in this
respect to the High Contracting Parties.
The Financial Commission shall fulfil the functions provided for in
Article 134 of the Treaty of Peace concluded with Bulgaria on November
27, 19l9.
ARTICLE 245.
The annuities assessed in the manner above provided will be payable as
from the date of the coming into force of the Treaties by which the
respective territories were detached from Turkey, and, in the case of
territories detached under the present Treaty from March 1, 1920; they
shall continue to be payable (except as provided by Article 252) until
the final liquidation of the Debt. They shall, however, be
proportionately reduced as the loans constituting the Debt are
successively extinguished.
ARTICLE 246.
The Turkish Government transfers to the Financial Commission all its
rights under the provisions of the Decree of Mouharrem and subsequent
Decrees.
The Council of the Ottoman Public Debt shall consist of the British,
French and Italian delegates, and of the representative of the
Imperial Ottoman Bank, and shall continue to operate as heretofore. It
shall administer and levy all revenues conceded to it under the Decree
of Mouharrem and all other revenues the management of which has been
entrusted to it in accordance with any other loan contracts previous
to November 1, 1914.
The Allied Powers authorise the Council to give administrative
assistance to the Turkish Ministry of Finance, under such conditions
as may be determined by the Financial Commission with the object of
realising as far as possible the following programme:
The system of direct levy of certain revenues by the existing
Administration of the Ottoman Public Debt shall, within limits to be
prescribed by the Financial Commission, be extended as widely as
possible and applied throughout the provinces remaining Turkish. On
each new creation of revenue or of indirect taxes approved by the
Financial Commission, the Commission shal consider thepossibility of
entrusting the administration thereof to the Council of the Debt for
the account of the Turkish Government.
The administration of the Customs shall be under a Director-General
appointed by and revocable by the Financial Commission and answerable
to it. No change in the schedule of the Customs charges shall be made
except with the approval of the Financial Commission.
The Governments of France, Great Britain and Italy will decide, by a
majority and after consulting the bondholders whether the Council
should be maintained or replaced by the Financial Commission or the
expiry of the present term of the Council. The decision of the
Governments shall be taken at least six months before the date
corresponding to the expiry of this period.
ARTICLE 247.
The Commission has authority to propose, at a later date, the
substitution for the pledges at present granted to bondholders, in
accordance with their contracts or existing decrees, of other adequate
pledges, or of a charge on the general revenues of Turkey. The Allied
Governments undertake to consider any proposals the Financial
Commission might then have to make on this subject.
ARTICLE 248.
All property, movable and immovable, belonging to the Administration
of the Ottoman Public Debt, wherever situate, shall remain integrally
at the disposal of that body.
The Council of the Debt shall have power to apply the value of any
realised property for the purpose of extraordinary amortisation either
of the Unified Debt or of the Lots Turcs.
ARTICLE 249.
The Turkish Government agrees to transfer to the Financial Commission
all its rights in the Reserve Funds and the Tripoli Indemnity Fund.
ARTICLE 250.
A sum equal to the arrears of any revenues heretofore affected to the
service of the Ottoman Public Debt within the territories remaining
Turkish, which should have been but have not been paid to the Council
of the Debt, shall (except where such territories have been in the
military occupation of Allied forces and for the time of such
occupation) be paid to the Council of the Debt by the Turkish
Government as soon as in the opinion of the Financial Commission the
financial condition of Turkey shall permit.
ARTICLE 251.
The Council of the Debt shall review all the transactions of the
Council which have taken place during the war. Any disbursements made
by the Council which were not in accordance with its powers and
duties, as defined by the Decree of Mouharrem or otherwise before the
war, shall be reimbursed to the Council of the Debt by the Turkish
Government so soon as in the opinion of the Financial Commission such
payment is possible. The Council shall have power to review any action
on the part of the Council during the war, and to annul any obligation
which in its opinion is prejudicial to the interests of the
bondholders, and which was not in accordance with the powers of the
Council of the Debt.
ARTICLE 252.
Any of the States which under the present Treaty are to contribute to
the annual charge for the service of the Ottoman Public Debt may, upon
giving six months' notice to the Council of the Debt, redeem such
obligation by payment of a sum representing the value of such annuity
capitalised at such rate of interest as may be agreed between the
State concerned and the Council of the Debt. The Council of the Debt
shall not have power to require such redemption.
ARTICLE 253.
The sums in gold to be transferred by Germany and Austria under the
provisions of Article 259 (1), (2), (4) and (7) of the Treaty of Peace
with Germany, and under Article 210 (1) of the Treaty of Peace with
Austria, shall be placed at the disposal of the Financial Commission.
ARTICLE 254.
The sums to be transferred by Germany in accordance with Article 259
(3) of the Treaty of Peace with Germany shall be placed forthwith at
the disposal of the Council of the Debt.
ARTICLE 255.
The Turkish Government undertakes to accept any decision that may be
taken by the Allied Powers, in agreement when necessary with other
Powers, regarding the funds of the Ottoman Sanitary Administration and
the former Superior Council of Health, and in respect of the claim of
the Superior Council of Health against the Turkish Government, as well
as regarding the funds of the Lifeboat Service of the Black Sea and
Bosphorus.
The Allied Powers hereby give authority to the Financial Commission to
represent them in this matter.
ARTICLE 256.
The Turkish Government, in agreement with the Allied Powers, hereby
releases the German Government from the obligation incurred by it
during the war to accept Turkish Government currency notes at a
specified rate of exchange in payment for goods to be exported to
Turkey from Germany after the war.
ARTICLE 257.
As soon as the claims of the Allied Powers against the Turkish
Government as laid down in this Part have been satisfied, and Ottoman
pre-war Public Debt has been liquidated, the Financial Commission
shall determine. The Turkish Government shall then consider in
consultation with the Council of the League of Nations whether any
further administrative advice and assistance should in the interests
of Turkey be provided for the Turkish Government by the Powers,
Members of the League of Nations, and, if so, in what form such advice
and assistance shall be given.
ARTICLE 258.
(1) Turkey will deliver, in a seaworthy condition and in such ports of
the Allied Powers as the Governments of the said Powers may determine
all German ships transferred to the Turkish flag since August I, I9I4;
these ships will be handed over to the Reparation Commission referred
to in Article 233 of the Treaty of Peace with Germany, any transfer to
a neutral flag during the war being regarded in this respect as void
so far as concerns the Allied Powers.
(2) The Turkish Government will hand over at the same time as the
ships referred to in paragraph (1) all papers and documents which the
Reparation Commission referred to in the said paragraph may think
necessary in order to ensure the complete transfer of the property in
the vessels, free and quit of all liens, mortgages, encumbrances,
charges or claims, whatever their nature.
The Turkish Government will effect any re-purchase or indemnisation
which may be necessary. It will be the party responsible in the event
of any proceedings for the recovery of, or in any claims against, the
vessel to be handed over whatever their nature, the Turkish Government
being bound in every case to guarantee the Reparation Commission
referred to in paragraph (1) against any ejectment or proceedings upon
any ground whatever arising under this head.
ARTICLE 259.
Without prejudice to Article 277, Part IX (Economic Clauses) of the
present Treaty, Turkey renounces, so far as she is concerned, the
benefit of any provisons of the Treaties of Brest-Litovsk and
Bucharest or of the Treaties supplementary thereto.
Turkey undertakes to transfer either to Roumania or to the Principal
Allied Powers, as the case may be, all monetary instruments, specie,
securities and negotiable instruments or goods which she has received
under the aforesaid Treaties.
ARTICLE 260.
The legislative measures required in order to give effect to the
provisions of this Part will be enacted by the Turkish Government and
by the Powers concerned within a period which must not exceed six
months from the signature of the present Treaty.
XXX
Section II, Annex II and Articles 261-433
------------------------------------------------------------------------
THE TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS
AND TURKEY
SIGNED AT SEVRES
AUGUST 10, 1920
ANNEX I:
THE OTTOMAN PRE-WAR PUBLIC DEBT. (NOVEMBER 5, 1914)
Go to Section I, Listing of Public Debt.
Go to Section II, Listing of Public Debt.
Go to Section III, Listing of Public Debt.
ANNEX I I .
1.
The Commission shall establish its own rules and procedure.
The Chairmanship shall be held annually by the French, British and
Italian Delegates in turn.
Each member shall have the right to nominate a deputy to act for him
in his absence.
Decisions shall be taken by the vote of the majority. Abstention from
voting will be treated as a vote against the proposal under
discussion.
The Commission shall appoint such agents and employees as it may deem
necessary for its work, with such emoluments and conditions of service
as it may think fit.
The costs and expenses of the Commission shall be paid by Turkey, in
conformity with the provisions of Article 236 (i.).
The salaries of the members of the Commission, as well as those of its
officials, shall be fixed on a reasonable scale by agreement from time
to time between the Governments represented on the Commission.
The members of the Commission shall enjoy the same rights and
immunities as are enjoyed in Turkey by duly accredited diplomatic
agents of friendly Powers.
2.
Turkey undertakes to grant to the members, officials and agents of the
Commission full powers to visit and inspect at all reasonable times
any place, public works, or undertakings in Turkey, and to furnish to
the said Commission all records, documents and information which it
may require.
3.
The Commission shall be entitled to assume, in agreement with the
Turkish Government and independently of any default of the latter in
fulfilling its obligations, the control, management and collection of
all indirect taxes.
4.
No member of the Commission shall be responsible, except to the
Government appointing him, for any action or omission in the
performance of his duties. No one of the Allied Governments assumes
any responsisility in respect of any other Government.
5.
The Commission shall publish annually detailed reports on its work,
its methods and its proposals for the financial reorganisation of
Turkey, as well as regarding its accounts for the period.
6.
The Commission shall also take over any other duties which may be
assigned to it under the present Treaty or with the assent of the
Turkish Government.
PART IX.
ECONOMIC CLAUSES.
SECTION I.
COMMERCIAL RELATIONS.
ARTICLE 261 .
The capitulatory regime resulting from treaties, conventions or usage
shall be re-established in favour of the Allied Powers which directly
or indirectly enjoyed the benefit thereof before August 1, 1914, and
shall be extended to the Allied Powers which did not enjoy the benefit
thereof on that date.
ARTICLE 262.
The Allied Powers who had post-offices in the former Turkish Empire
before August 1, 1914, will be entitled to re-establish post-offices
in Turkey.
ARTICLE 263.
The Convention of April 25, 1907, so far as it relates to the rate of
import duties in Turkey, shall be re-established in force in favour of
all the Allied Powers.
Nevertheless the Financial Commission established in accordance with
Article 231, Part VIII (Financial Clauses) of the present Treaty may
at any time authorise a modification of these import duties, or the
imposition of consumption duties, provided that any duties so modified
or imposed shall be applied equally to goods of whatever ownership or
origin.
No modification of existing duties or imposition of new duties
authorised by the Financial Commission by virtue of this Article shall
take effect until after a period of six months from its notification
to all the Allied Powers. During this period the Commission shall
consider any observations relative thereto which may be formulated by
any Allied Power.
ARTICLE 264.
Subject to any rights and exemptions resulting from concession
contracts made before August 1, 1914, the Financial Commission shall
be entitled to authorise the application by Turkey, in the conditions
of equality laid down in Article 263, to the persons or property of
the nationals of the Allied Powers of any taxes or duties which shall
similarly be imposed on Turkish subjects in the interests of the
economic stability and good government of Turkey.
The Financial Commission shall also be entitled to authorise the
application, in the same interests and in the same conditions to the
nationals of the Allied Powers of any prohibitions on import or
export.
No such tax, duty or prohibition shall take effect until after a
period of six months from its notification to all the Allied
Powers. During this period the Commission shall consider any
observations relative thereto that may be formulated by any Allied
Power.
ARTICLE 265.
In the case of vessels of the Allied Powers all classes of
certificates or documents relating to the vessel which were recognised
as valid by Turkey before the war, or which may hereafter be
recognised as valid by the principal maritime States, shall be
recognised by Turkey as valid and as equivalent to the corresponding
certificates issued to Turkish vessels.
A similar recognition shall be accorded to the certificates and
documents issued to their vessels by the Governments of new States,
whether they have a sea-coast or not, provided that such certificates
and documents shall be issued in conformity with the general practice
observed in the principal maritime States.
The High Contracting Parties agree to recognise the flag flown by the
vessels of an Allied Power or a new State having no sea-coast which
are registered at some one specified place situated in its territory;
such place shall serve as the port of registry of such vessels.
ARTICLE 266.
Turkey undertakes to adopt all the necessary legislative and
administrative measures to protect goods the produce or manufacture of
any one of the Allied Powers or new States from all forms of unfair
competition in commercial transactions.
Turkey undertakes to prohibit and repress by seizure and by other
appropriate remedies the importation, exportation, manufacture,
distribution, sale or offering for sale in her territory of all goods
bearing upon themselves or their usual get-up or wrappings any marks,
names, devices or descriptions whatsoever which are calculated to
convey directly or indirectly a false indication of the origin, type,
nature or special characteristics of such goods.
ARTICLE 267.
Turkey undertakes, on condition that reciprocity is accorded in these
matters, to respect any law, or any administrative or judicial
decision given in conformity with such law, in force in any Allied
State or new State and duly communicated to her by the proper
authorities, defining or regulating the right to any regional
appellation in respect of wine or spirits produced in the State to
which the region belongs, or the conditions under which the use of any
such appellation may be permitted; and the importation, exportation,
manufacture, distribution, sale or offering for sale of products or
articles bearing regional appellations inconsistent with such law or
order shall be prohibited by Turkey and repressed by the measures
prescribed in Article 266.
ARTICLE 268.
If the Turkish Government engages in international trade, it shall not
in respect thereof have or be deemed to have any rights, privileges or
immunities of sovereignty.
SECTION II.
TREATIES.
ARTICLE 269.
From the coming into force of the present Treaty and subject to the
provisions thereof the multilateral treaties, conventions and
agreements of an economic or technical character enumerated below and
in the subsequent Articles shall alone be applied as between Turkey
and those of the Allied Powers party thereto:
(1) Conventions of March 14, 1884, of December 1, 1886, and of March
23, 1887, and Final Protocol of July 7, 1887, regarding the protection
of submarine cables.
(2) Convention of July 5, 1890, regarding the publication of customs
tariffs and the organisation of an International Union for the
publication of customs tariffs.
(3) Arrangement of December 9, 1907, regarding the creation of an
International Office of Public Hygiene at Paris.
(4) Convention of June 7, 1995, regarding the creation of an
International Agricultural Institute at Rome.
(5) Convention of June 27, 1855, relating to the Turkish Loan.
(6) Convention of July I6, 1863, for the redemption of the toll dues
on the Scheldt.
(7) Convention of October 29, I888, regarding the establishment of a
definite arrangement guaranteeing the free use of the Suez Canal.
ARTICLE 270.
From the coming into force of the present Treaty, the High Contracting
Parties shall apply the conventions and agreements hereinafter
mentioned, in so far as concerns them, on condition that the special
stipulations contained in this Article are fulfilled by Turkey.
Postal Conventions:
Conventions and Agreements of the Universal Postal Union concluded at
Vienna on July 4, 1891.
Conventions and Agreements of the Postal Union signed at Washington on
June 15, 1897.
Conventions and Agreements of the Postal Union signed at Rome on May
26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg on July
10/22, 1875.
Regulations and Tariffs drawn up by the International Telegraphic
Conference, Lisbon, June 11, 1908.
Turkey undertakes not to refuse her consent to the conclusion by new
States of the special arrangements referred to in the Conventions and
Agreements relating to the Universal Postal Union and to the
International Telegraphic Union, to which the said new States have
adhered or may adhere.
ARTICLE 271.
From the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them, the International
Radio-Telegraphic Convention of July 5, 1912, on condition that Turkey
fulfils the provisional regulations which will be indicated to her by
the Allied Powers.
If within five years after the coming into force of the present Treaty
a new convention regulating international radio-telegraphic
communications should have been concluded to take the place of the
Convention of July 5, 1912, this new convention shall bind Turkey,
even if Turkey should refuse either to take part in drawing up the
convention or to subscribe thereto.
This new convention will likewise replace the provisional regulations
in force.
ARTICLE 272.
Turkey undertakes:
(1) Within a period of twelve months from the coming into force of the
present Treaty to adhere in the prescribed form to the International
Convention of Paris of March 20, 1883, for the protection of
industrial property, revised at Washington on June 2, I911, and the
International Convention of Berne of September 9, 1886, for the
protection of literary and artistic works, revised at Berlin on
November 13, 1908, and the Additional Protocol of Berne of March 20,
1914, relating to the protection of literary and artistic works:
(2) Within the same period, to recognise and protect by effective
legislation, in accordance with the principles of the said
Conventions, the industrial, literary and artistic property of
nationals of the Allied States or of any new State.
In addition, and independently of the obligations mentioned above,
Turkey undertakes to continue to assure such recognition and such
protection to all the industrial, literary and artistic property of
the nationals of each of the Allied States and of any new State to an
extent at least as great as upon August 1, 1914, and upon the same
conditions.
ARTICLE 273.
Turkey undertakes to adhere to the conventions and arrangements
hereinafter mentioned, or to ratify them:
(1) Convention of October 11, 1909, regarding the international
circulation of motor cars.
(2) Agreement of May 15, 1886, regarding the sealing of railway trucks
subject to customs inspection, and Protocol of May
(3) Convention of December 31, 1913, regarding the unification of
commercial statistics.
(4) Convention of September 23, 1910, respecting the unification of
certain regulations regarding collisions and salvage at sea.
(5) Convention of December 21, 1904, regarding the exemption of
hospital ships from dues and charges in ports.
(6) Conventions of May 18, 1904, and of May 4, 1910, regarding the
suppression of the White Slave Traffic.
(7) Convention of May 4, 1910, regarding the suppression of obscene
publications.
(8) Sanitary Conventions of January 30, 1892, April 15, 1893, April 3,
1894, March 19, 1897, and December 3, 1903.
(9) Convention of November 29, 1906, regarding the unification of
pharmacopseial formulae for potent drugs.
(10) Conventions of November 3, 1881, and April 15, 1889, regarding
precautionary measures against phylloxera.
(11) Convention of March 19, 1902, regarding the protection of birds
useful to agriculture.
ARTICLE 274.
Each of the Allied Powers, being guided by the general principles or
special provisions of the present Treaty, shall notify to Turkey the
bilateral treaties or conventions which such Allied Power wishes to
revive with Turkey.
The notification referred to in this Article shall be made either
directly or through the intermediary of another Power. Receipt thereof
shall be acknowledged in writing by Turkey. The date of the revival
shall be that of the notification.
The Allied Powers undertake among themselves not to revive with Turkey
any conventions or treaties which are not in accordance with the terms
of the present Treaty.
The notification shall mention any provisions of the said conventions
and treaties which, not being in accordance with the terms of the
present Treaty, shall not be considered as revived.
In case of any difference of opinion, the League of Nations will be
called on to decide.
A period of six months from the coming into force of the present
Treaty is allowed to the Allied Powers within which to make the
notification.
Only those bilateral treaties and conventions which have been the
subject of such a notification shall be revived between the Allied
Powers and Turkey; all the others are and shall remain abrogated.
The above regulations apply to all bilateral treaties or conventions
existing between all the Allied Powers and Turkey, even if the said
Allied Powers have not been in a state of war with Turkey.
The provisions of this Article do not prejudice the stipulations of
Article 261.
ARTICLE 275.
Turkey recognises that all the treaties, conventions or agreements
which she has concluded with Germany, Austria, Bulgaria or Hungary
since August 1, 1914, until the coming into force of the present
Treaty are and remain abrogated by the present Treaty.
ARTICLE 276.
Turkey undertakes to secure to the Allied Powers, and to the officials
and nationals of the said Powers, the enjoyment of all the rights and
advantages of any kind which she may have granted to Germany, Austria,
Bulgaria or Hungary, or to the officials and nationals of these States
by treaties, conventions or arrangements concluded before August 1,
1914, so long as those treaties, conventions or arrangements remain in
force.
The Allied Powers reserve the right to accept or not the enjoyment of
these rights and advantages.
ARTICLE 277.
Turkey recognises that all treaties, conventions or arrangements which
she concluded with Russia, or with any State or Government of which
the territory previously formed a part of Russia, before August 1,
1914, or after that date until the coming into force of the present
Treaty, or with Roumania after August 15, 1916, until the coming into
force of the present Treaty, are and remain abrogated.
ARTICLE 278.
Should an Allied Power, Russia, or a State or Government of which the
territory formerly constituted a part of Russia, have been forced
since August 1, 1914, by reason of military occupation or by any other
means or for any other cause, to grant or to allow to be granted by
the act of any public authority, concessions, privileges and favours
of any kind to Turkey or to a Turkish national, such concessions,
privileges and favours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this annulment shall be
charged against the Allied Powers or the Powers, States, governments
or public authorities which are released from their engagements by
this Article.
ARTICLE 279.
From the coming into force of the present Treaty, Turkey undertakes to
give the Allied Powers and their nationals the benefit ipso facto of
the rights and advantages of any kind which she has granted by
treaties, conventions or arrangements to non-belligerent States or
their nationals since August 1, 1914, until the coming into force of
the present Treaty, so long as those treaties, conventions or
arrangements remain in force.
ARTICLE 280.
Those of the High Contracting Parties who have not yet signed, or who
have signed but not yet ratified, the Opium Convention signed at the
Hague on January 23, I9I2, agree to bring the said Convention into
force, and for this purpose to enact the necessary legislation without
delay and in any case within a period of twelve months from the coming
into force of the present Treaty.
Furthermore, they agree that ratification of the present Treaty should
in the case of Powers which have not yet ratified the Opium Convention
be deemed in all respects equivalent to the ratification of that
Convention and to the signature of the Special Protocol which was
opened at The Hague in accordance with the resolutions adopted by the
Third Opium Conference in 1914 for bringing the said Convention into
force.
For this purpose the Government of the French Republic will
communicate to the Government of the Netherlands a certified copy of
the Protocol of the deposit of ratifications of the present Treaty,
and will invite the Government of the Netherlands to accept and
deposit the said certified copy as if it were a deposit of
ratifications of the Opium Convention and a signature of the
Additional Protocol of 1914.
SECTION III .
INDUSTRIAL PROPERTY.
ARTICLE 2 81.
Subject to the stipulations of the present Treaty, rights of
industrial, literary and artistic property, as such property is
defined by the International Conventions of Paris and of Berne
mentioned in Article 272, shall be re-established or restored, as from
the coming into force of the present Treaty, in the territories of the
High Contracting Parties, in favour of the persons entitled to the
benefit of them at the moment when the state of war commenced, or
their legal representatives. Equally, rights which, except for the
war, would have been acquired during the war in consequence of an
application made for the protection of industrial property, or the
publication of a literary or artistic work, shall be recognised and
established in favour of those persons who would have been entitled
thereto, from the coming into force of the present Treaty.
Nevertheless, all acts done by virtue of the special measures taken
during the war under legislative, executive or administrative
authority of any Allied Power in regard to the rights of Turkish
nationals in industrial, literary or artistic property shall remain in
force and shall continue to maintain their full effect.
No claim shall be made or action brought by Turkey or Turkish
nationals in respect of the use during the war by the Government of
any Allied Power, or by any person acting on behalf or with the assent
of such Government, of any rights in industrial, literary or artistic
property, nor in respect of the sale, offering for sale or use of any
products, articles or apparatus whatsoever to which such rights
applied.
Unless the legislation of any one of the Allied Powers in force at the
moment of the signature of the present Treaty otherwise directs, sums
due or paid in virtue of any act or operation resulting from the
execution of the special measures mentioned in the second paragraph of
this Article shall be dealt with in the same way as other sums due to
Turkish nationals are directed to be dealt with by the present Treaty;
and sums produced by any special measures taken by the Turkish
Government in respect of rights in industrial, literary or artistic
property belonging to the nationals of the Allied Powers shall be
considered and treated in the same way as other debts due from Turkish
nationals.
Each of the Allied Powers reserves to itself the right to impose such
limitations, conditions or restrictions on rights of industrial
literary or artistic property (with the exception of trade-marks)
acquired before or during the war, or which may be subsequently
acquired in accordance with its legislation, by Turkish nationals
whether by granting licences, or by the working, or by preserving
control over their exploitation, or in any other way, as may be
considered necessary for national defence, or in the public interest
or for assuring the fair treatment by Turkey of the rights of
industrial, literary and artistic property held in Turkish territory
by its nationals, or for securing the due fulfilment of all the
obligations undertaken by Turkey in the present Treaty. As regards
rights of industrial, literary and artistic property acquired after
the coming into force of the present Treaty, the right so reserved by
the Allied Powers shall only be exercised in cases where these
limitations, conditions or restrictions may be considered necessary
for national defence or in the public interest.
In the event of the application of the provisions of the preceding
paragraph by any Allied Power, there shall be paid reasonable
indemnities or royalties, which shall be dealt with in the same way as
other sums due to Turkish nationals are directed to be dealt with by
the present Treaty.
Each of the Allied Powers reserves the right to treat as void and of
no effect any transfer in whole or in part of or other dealing with
rights of or in respect of industrial, literary or artistic property
effected after August 1, 19l4, or in the future, which would have the
result of defeating the objects of the provisions of this Article.
The provisions of this Article shall not apply to rights in
industrial, literary or artistic property which have been dealt with
in the liquidation of businesses or companies under war legislation by
the Allied Powers, or which may be so dealt with by virtue of Article
289.
ARTICLE 282
A minimum of one year after the coming into force of the present
Treaty shall be accorded to the nationals of the High Contracting
Parties, without extension fees or other penalty, in order to enable
such persons to accomplish any act, fulfil any formality, pay any
fees, and generally satisfy any obligation prescribed by the laws or
regulations of the respective States relating to the obtaining,
preserving or opposing rights to, or in respect of, industrial
property either acquired before August 1, 1914, or which, except for
the war, might have been acquired since that date as a result of an
application made before the war or during its continuance.
All rights in, or in respect of, such property which may have lapsed
by reason of any failure to accomplish any act, fulfil any formality,
or make any payment shall revive, but subject in the case of patents
and designs to the imposition of such conditions as each Allied Power
may deem reasonably necessary for the protection of persons who have
manufactured or made use of the subject-matter of such property while
the rights had lapsed. Furhter, where rights to patents or designs
belonging to Turkish nationals are revived under this Article, they
shall be sub]ect in respect of the grant of licences to the same
provisions as would have been applicable to them during the war, as
well as to all the provisions of the present Treaty.
The period from August 1, 1914, until the coming into force of the
present Treaty shall be excluded in considering the time within which
a patent should be worked or a trade-mark or design used, and it is
further agreed that no patent, registered trade-mark or design in
force on August 1, 1914, shall be subject to revocation or
cancellation by reason only of the failure to work such patent or use
such trade-mark or design for two years after the coming into force of
the present Treaty.
ARTICLE 283.
No action shall be brought and no claim made by persons residing or
carrying on business within the territories of Turkey on the one part
and of the Allied Powers on the other, or persons who are nationals of
such Powers respectively, or by any one deriving title during the war
from such persons, by reason of any action which has taken place
within the territory of the other party between the date of the
existence of a state of war and that of the coming into force of the
present Treaty, which might constitute an infringement of the rights
of industrial property or rights of literary and artistic property,
either existing at any time during the war or revived under the
provisions of Article 282.
Equally, no action for infringement of industrial, literary or
artistic property rights by such persons shall at any time be
permissible in respect of the sale or offering for sale for a period
of one year after the signature of the present Treaty in the
territories of the Allied Powers on the one hand, or Turkey on the
other, of products or articles manufactured, or of literary or
artistic works published, during the period between the existence of a
state of war and the signature of the present Treaty, or against those
who have acquired and continue to use them. It is understood,
nevertheless, that this provision shall not apply when the possessor
of the rights was domiciled or had an industrial or commercial
establishment in the districts occupied by Turkey during the war.
ARTICLE 284.
Licences in respect of industrial, literary or artistic property
concluded before the war between nationals of the Allied Powers or
persons residing in their territory or carrying on business therein on
the one part, and Turkish nationals on the other part shall be
considered as cancelled as from the date of the existence of a state
of war between Turkey and the Allied Power. But in any case the former
beneficiary of a contract of this kind shall have the right, within a
period of six months after the coming into force of the present
Treaty, to demand from the proprietor of the rights the grant of a new
licence, the conditions of which in default of agreement between the
parties, shall be fixed by the duly qualified tribunal in the country
under whose legislation the rights had been acquired, except in the
case of licences held in respect of rights acquired under Turkish
law. In such cases the conditions shall be fixed by the Arbitral
Commission referred to in Article 287. The tribunal or the Commission
may, if necessary, fix also the amount which it may deem just should
be paid by reason of the use of the rights during the war.
No licence in respect of industrial, literary or artistic property
granted under the special war legislation of any Allied Power shall be
affected by the continued existence of any licence entered into before
the war, but shall remain valid and of full effect, and a licence so
granted to the former beneficiary of a licence entered into before the
war shall be considered as substituted for such licence.
Where sums have been paid during the war by virtue of a licence or
agreement concluded before the war in respect of rights of industrial
property or for the reproduction or the representation of literary,
dramatic or artistic works, these sums shall be dealt with in the same
manner as other debts or credits of Turkish nationals as provided by
the present Treaty.
ARTICLE 285.
The inhabitants of territories detached from Turkey under the present
Treaty shall, notwithstanding this transfer and the change of
nationality consequent thereon, continue to enjoy in Turkey all the
rights in industrial, literary and artistic property to which they
were entitled under Turkish legislation at the time of the transfer.
Rights of industrial, literary and artistic property which are in
force in the territories detached from Turkey under the present Treaty
at the moment of the transfer, or which will be re-established or
restored in accordance with the provisions of Article 281, shall be
recognised by the State to which the said territory is transferred,
and shall remain in force in that territory for the same period of
time given them under the Turkish law.
ARTICLE 286.
A special convention shall determine all questions relative to the
records, registers and copies in connection with the protection of
industrial, literary or artistic property, and fix their eventual
transmission or communication by the Turkish offices to the offices of
the States in favour of which territory is detached from Turkey.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 287.
The property, rights and interests situated in territory which was
under Turkish sovereignty on August 1, 1914, and belonging to
nationals of Allied Powers who were not during the war Turkish
nationals, or of companies controlled by them, shall be immediately
restored to their owners free of all taxes levied by or under the
authority of the Turkish Government or authorities, except such as
would have been leviable in accordance with the capitulations. Where
property has been confiscated during the war or sequestrated in such a
way that its owners enjoyed no benefit therefrom, it shall be restored
free of all taxes whatever.
The Turkish Government shall take such steps as may be within its
power to restore the owner to the possession of his property free from
all encumbrances or burdens with which it may have been charged
without his assent. It shall indemnify all third parties injured by
the restitution.
If the restitution provided for in this Article cannot be effected, or
if the property, rights or interests have been damaged or injured,
whether they have been seized or not, the owner shall be entitled to
compensation. Claims made in this respect by the nationals of Allied
Powers or by companies controlled by them shall be investigated and
the total of the compensation shall be determined by an Arbitral
Commission to be appointed by the Council of the League of
Nations. This compensation shall be borne by the Turkish Government
and may be charged upon the property of Turkish nationals within the
territory or under the control of the claimant's State. So far as it
is not met from this source it shall be satisfied out of the annuity
referred to in Article 236 (ii), Part VIII. (Financial Clauses) of the
present Treaty.
The above provision shall not impose any obligation on the Turkish
Government to pay compensation for damage to property, rights and
interests effected since October 30, 1918, in territory in the
effective occupation of the Allied Powers and detached from Turkey by
the present Treaty. Compensation for any actual damage to such
property, rights and interests inflicted by the occupying authorities
since the above date shall be a charge on the Allied authorities
responsible.
ARTICLE 288.
The property, rights and interests in Turkey of former Turkish
nationals who acquire ipso facto the nationality of an Allied Power or
of a new State in accordance with the provisions of the present
Treaty, or any further Treaty regulating the disposal of territories
detached from Turkey, shall be restored to them in their actual
condition.
ARTICLE 289.
Subject to any contrary stipulations which may be provided in the
present Treaty, the Allied Powers reserve the right to retain and
liquidate all property, rights and interests of Turkish nationals, or
companies controlled by them, within their territories, colonies,
possessions and protectorates, excluding any territory under Turkish
sovereignty on October 17, 19l2.
The liquidation shall be carried out in accordance with the laws of
the Allied Power concerned, and the Turkish owner shall not be able to
dispose of such property, rights, or interests, or to subject them to
any charge, without the consent of that Power.
ARTICLE 290.
Turkish nationals who acquire ipso facto the nationality of an Allied
Power or of a new State in accordance with the provisions of the
present Treaty, or any further Treaty regulating the disposal of
territories detached from Turkey, will not be considered as Turkish
nationals within the meaning of the fifth paragraph of Article 281,
Articles 282, 284, the third paragraph of Article 287, Articles 289,
29I, 292, 293, 30I, 302, and 308.
ARTICLE 291.
All property, rights and interests of Turkish nationals within the
territory of any Allied Power, excluding any territory under Turkish
sovereignty on October 17, 1912, and the net proceeds of their sale,
liquidation or other dealing therewith may be charged by that Allied
Power with payment of amounts due in respect of claims by the
nationals of that Allied Power under Article 287 or in respect of
debts owing to them by Turkish nationals.
The proceeds of the liquidation of such property, rights and interests
not used as provided in Article 289 and the first paragraph of this
Article shall be paid to the Financial Commission to be employed in
accordance with the provisions of Article 236 (ii), Part VIII
(Financial Clauses) of the present Treaty.
ARTICLE 292.
The Turkish Government undertakes to compensate its nationals in
respect of the sale or retention of their property, rights or
interests in Allied countries.
ARTICLE 293
The Governments of an Allied Power or new State exercising authority
in territory detached from Turkey in accordance with the present
Treaty or any other Treaty concluded since October 17, 1912, may
liquidate the property, rights and interests of Turkish companies or
companies controlled by Turkish nationals in such territory; the
proceeds of the liquidation shall be paid direct to the company.
This Article shall not apply to companies in which Allied nationals,
including those of the territories placed under mandate, had on August
1, 1914, a preponderant interest.
The provisions of the first paragraph of this Article relating to the
payment of the proceeds of liquidation do not apply in the case of
railway undertakings where the owner is a Turkish company in which the
majority of the capital or the control is held by German, Austrian,
Hungarian or Bulgarian nationals either directly or through their
interests in a company controlled by them, or was so held on August 1,
1914. In such case the proceeds of the liquidation shall be paid to
the Financial Commission.
ARTICLE 294.
The Turkish Government shall, on the demand of the Principal Allied
Powers, take over the undertaking, property, rights and interests of
any Turkish company holding a railway concession in Turkish territory
as it results from the present Treaty, and shall transfer in
accordance with the advice of the Financial Commission the said
undertaking, property, rights and interests, together with any
interest which it may hold in the line or in the undertaking, at a
price to be fixed by an arbitrator nominated by the Council of the
League of Nations. The amount of this price shall be paid to the
Financial Commission and shall be distributed by it, together with any
amount received in accordance with Article 293, among the persons
directly or indirectly interested in the company, the proportion
attributable to the interests of nationals of Germany, Austria,
Hungary or Bulgaria being paid to the Reparation Commission
established under the Treaties of Peace with Germany, Austria, Hungary
and Bulgaria respectively; the proportion of the price attributable to
the Turkish Government shall be retained by the Financial Commission
for the purposes referred to in Article 236, Part Vlll (Financial
Clauses) of the present Treaty.
ARTICLE 295.
Until the expiration of a period of six months from the coming into
force of the present Treaty, the Turkish Government will effectively
prohibit all dealings with the property, rights and interests within
its territory which belong, at the date of the coming into force of
the present Treaty, to Germany, Austria, Hungary, Bulgaria or their
nationals, except in so far as may be necessary for the carrying into
effect of the provisions of Article 260 of the Treaty of Peace with
Germany or any corresponding provisions in the Treaties of Peace with
Austria, Hungary or Bulgaria.
Subject to any special stipulations in the present Treaty affecting
property of the said States, the Turkish Government will proceed to
liquidate any of the property, rights or interests above referred to
which may be notified to it within the said period of six months by
the Principal Allied Powers. The said liquidation shall be effected
under the direction of the said Powers and in the manner indicated by
them. The prohibition of dealings with such property shall be
maintained until the liquidation is completed.
The proceeds of liquidation shall be paid direct to the owners, except
where the property so liquidated belongs to the German, Austrian,
Hungarian or Bulgarian States, in which event the proceeds shall be
handed over to the Reparation Commission established under the Treaty
of Peace with the State to which the property belonged.
ARTICLE 296.
The Governments exercising authority in territory detached from Turkey
in accordance with the present Treaty may liquidate any property,
rights and interests within such territory which belong at the date of
the coming into force of the present Treaty to Germany, Austria,
Hungary, Bulgaria or their nationals, unless they have been dealt with
under the provisions of Article 260 of the Treaty of Peace with
Germany or any corresponding provisions in the Treaties of Peace with
Austria, Hungary or Bulgaria.
The proceeds of liquidation shall be disposed of in the manner
provided in Article 295.
ARTICLE 297.
If on the application of the owner the Arbitral Commission provided
for in Article 287 is satisfied that the conditions of sale of any
property liquidated in virtue of Articles 293, 295 or 296, or measures
taken outside its general legislation by the Government exercising
authority in the territory in which the property was situated, were
unfairly prejudicial to the price obtained, the Commission shall have
discretion to award to the owner equitable compensation to be paid by
that Government.
ARTICLE 298.
The validity of vesting orders and of orders for the winding-up of
businesses or companies and of any other orders, directions decisions
or instructions of any court or any department of the Government of
any of the Allied Powers made or given, or purporting to be made or
given, in pursuance of war legislation with regard to enemy property,
rights and interests in their territories is confirmed.
The interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or
instruction dealing with such property in which they may be
interested, whether or not such interests are specifically mentioned
in the order, direction, decision or instruction
No question shall be raised as to the regularity of a transfer of any
property, rights or interests dealt with in pursuance of any such
order, direction, decision or instruction.
Every action taken with regard to any property, business or comapny in
the territories of the Allied Powers, whether as regards its
investigation, sequestration, compulsory administration, use,
requisition, supervision or winding-up, the sale or management of
property, rights or interests, the collection or discharge of debts,
the payment of costs, charges or expenses, or any other matter
whatsoever in pursuance of orders, directions, decisions or
instructions of any court or of any department of the Government of
any of the Allied Powers, made or given, or purporting to be made or
given, in pursuance of war legislation with regard to enemy property,
rights or interests, is confirmed.
ARTICLE 299.
The validity of any measures taken between October 30, 1918, and the
coming into force of the present Treaty by or under the authority of
one or more of the Allied Powers in regard to the property, rights and
interests in Turkish territory of Germany, Austria, Hungary or
Bulgaria or their nationals is confirmed.
Any balance remaining under the control of the Allied Powers as the
result of such measures shall be disposed of in the manner provided in
the last paragraph of Article 295.
ARTICLE 300.
No claim or action shall be made or brought against any Allied Power
or against any person acting on behalf of or under the direction of
any legal authority or department of the Government of such a Power by
Turkey or by or on behalf of any person wherever resident who on
August 1, 19l4, was a Turkish national, or who became such after that
date, in respect of any act or omission with regard to the property,
rights or interests of Turkish nationals during the war or in
preparation for the war.
Similarly, no claim or action shall be made or brought against any
person in respect of any act or omission under or in accordance with
the exceptional war measures, laws or regulations of any Allied Power.
ARTICLE 301.
The Turkish Government, if required, will, within six months from the
coming into force of the present Treaty, deliver to each Allied Power
any securities, certificates, deeds or documents of title held by its
nationals and relating to property, rights or interests which are
subject to liquidation in accordance with the provisions of the
present Treaty, including any shares, stock, debentures, debenture
stock or other obligations of any company incorporated in accordance
with the laws of that Power.
The Turkish Government will, at any time on demand of any Allied Power
concerned, furnish such information as may be required with regard to
such property, rights and interests, or with regard to any
transactions concerning such property, rights or interests since July
1, 1914.
ARTICLE 302.
Debts, other than the Ottoman Public Debt provided for in Article 236
and Annex I, Part VIII (Financial Clauses) of the present Treaty,
between the Turkish Government or its nationals resident in Turkish
territory on the coming into force of the present Treaty (with the
exception of Turkish companies controlled by Allied groups or
nationals) on the one hand, and the Governments of the Allied Powers
or their nationals who were not on August 1, 19l4, Turkish nationals
or (except in the case of foreign officials in the Turkish service, in
regard to their salaries, pensions or official remuneration) resident
or carrying on business in Turkish territory, on the other hand, which
were payable before the war, or became payable during the war and
arose out of transactions or contracts of which the total or partial
execution was suspended on account of the war, shall be paid or
credited in the currency of such one of the Allied Powers, their
colonies or protectorates, or the British Dominions or India, as may
be concerned. If a debt was payable in some other currency the
conversion shall be effected at the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of exchange shall
be defined as the average cable transfer rate prevailing in the Allied
country concerned during the month immediately preceding the outbreak
of war between the said country and Turkey.
If a contract provides for a fixed rate of exchange governing the
conversion of the currency in which the debt is stated into the
currency of the Allied Power concerned, then the above provisions
concerning the rate of exchange shall not apply.
The proceeds of liquidation of enemy property, rights and interests
and the cash assets of enemies, referred to in this Section, shall
also be accounted for in the currency and at the rate of exchange
provided for above.
The provisions of this Article regarding the rate of exchange shall
not affect debts due to or from persons resident in territories
detached from Turkey in accordance with the present Treaty.
ARTICLE 303.
The provisions of Articles 287 to 302 apply to industrial literary and
artistic property which has been or may be dealt with in the
liquidation of property, rights, interests, companies or businesses
under war legislation by the Allied Powers, or in accordance with the
stipulations of the present Treaty.
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 304.
Subject to the exceptions and special rules with regard to particular
contracts or classes of contracts contained in the Annex hereto, any
contract concluded between enemies will be maintained or dissolved
according to the law of the Allied Power of which the party who was
not a Turkish subject on August 1, 1914, is a national, and on the
conditions prescribed by that law.
ARTICLE 305.
All periods of prescription or limitation of right of action, whether
they began to run before or after the outbreak of war, shall be
treated in the territory of the High Contracting Parties, so far as
regards relations between enemies, as having been suspended from
October 29, 19l4, till the coming into force of the present
Treaty. They shall begin to run again at earliest three months after
the coming into force of the present Treaty. This provision shall
apply to the period prescribed for the presentation of interest or
dividend coupons or for the presentation for repayment of securities
drawn for repayment or repayable on any other ground.
Having regard to the provisions of the law of Japan, neither the
present Article nor Article 304 nor the Annex hereto shall apply to
contracts made between Japanese nationals and Turkish nationals.
ARTICLE 306.
As between enemies no negotiable instrument made before the war shall
be deemed to have become invalid by reason only of failure within the
required time to present the instrument for acceptance or payment, or
to give notice of non-acceptance or non-payment to drawers or
endorsers, or to protest the instrument, nor by reason of failure to
complete any formality during the war.
Where the period within which a negotiable instrument should have been
presented for acceptance or for payment, or within which notice of
non-acceptance or non-payment should have been given to the drawer or
endorser, or within which the instrument should have been protested,
has elapsed during the war, and the party who should have presented or
protested the instrument or have given notice of non-acceptance or
non-payment has failed to do so during the war, a period of not less
than three months from the coming into force of the present Treaty
shall be allowed within which presentation, notice of non-acceptance
or non-payment or protest may be made.
ARTICLE 307.
Judgments given or measures of execution ordered during the war by any
Turkish judicial or administrative authority against or prejudicially
affecting the interests of a person who was at the time a national of
an Allied Power or against or affecting the interests of a company in
which such an Allied national was interested shall be subject to
revision, on the application of that national, by the Arbitral
Commission provided for in Article 287. Where such a course is
equitable and possible the parties shall be replaced in the situation
which they occupied before the judgment was given or the measure of
execution ordered by the Turkish authority. Where that is not
possible, the national of an allied power who has suffered prejudice
by the judgment or measure of execution shall be entitled to recover
such compensation as the Arbitral Commission may consider equitable,
such compensation to be paid by the Turkish Government.
Where a contract has been dissolved by reason either of failure on the
part of either party to carry out its provisions or of the exercise of
a right stipulated in the contract itself the party prejudiced may
apply to the Arbitral Commission. This Commission may grant
compensation to the prejudiced party, or may order the restoration of
any rights in Turkey which have been prejudiced by the dissolution
wherever, having regard to the circumstances of the case, such
restoration is equitable and possible.
Turkey shall compensate any third party who may be prejudiced by any
restitution or restoration effected in accordance with the provisions
of this Article.
ARTICLE 308.
All questions relating to contracts concluded before the coming into
force of the present Treaty between persons who were or have become
nationals of the Allied Powers or of the new States whose territory is
detached from Turkey and Turkish nationals shall be decided by the
national Courts or the consular Courts of the Allied Power or new
State of which one of the parties to the contract is a national, to
the exclusion of the Turkish Courts.
ARTICLE 309.
Judgments given by the national or consular Courts of an Allied Power
or new State whose territory is detached from Turkey, or orders made
by the Arbitral Commission provided for in Article 287, in all cases
which, under the present Treaty, they are competent to decide, shall
be recognised in Turkey as final, and shall be enforced without it
being necessary to have them declared executory
ANNEX
I. General Provisions.
I.
Within the meaning of Articles 304 to 306 and of the provisions of
this Annex, the parties to a contract shall be regarded as enemies
when trading between them became hnpossible in fact, or was prohibited
by or otherwise became unlawful under laws, orders or regulations to
which one of those parties was subject. They shall be deemed to have
become enemies from the date when such trading became impossible in
fact or was prohibited or otherwise became unlawful.
2. The following classes of contracts remain in force subject to the
application of domestic laws, orders or regulations made during the
war by the Allied Powers and subject to the terms of the contracts:
(a) Contracts having for their object the transfer of estates or of
real or personal property, where the property therein had passed or
the object had been delivered before the parties became enemies;
(b) Leases and agreements for leases of land and houses;
(c) Contracts of mortgage, pledge, or lien;
(d) Contracts between individuals or companies and the State,
provinces, municipalities, or other similar juridical persons charged
with administrative functions, and concessions granted by the State,
provinces, municipalities, or other similar juridical persons charged
with administrative functions, subject however to any special
provisions relating to concessions laid down in the present Treaty.
When the execution of the contracts thus kept alive would, owing to
the alteration of economic conditions, cause one of the parties
substantial prejudice, the Arbitral Commission provided for in Article
287 shall be empowered, on the request of the prejudiced party, to
grant to him equitable compensation by way of reparation.
II. Provisions Relating to Certain Classes of Contracts.
Stock Exchange and Commercial Exchange Contracts.
3 (a) Rules made during the war by any recognised Exchange or
Commercial Association providing for the closure of contracts entered
into before the war by an enemy are confirmed by the High Contracting
Parties, as also any action taken thereunder provided:
(1) That the contract was expressed to be made subject to the rules of
the Exchange or Association in question;
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were fair and
reasonable.
(b) The closure of contracts relating to cotton futures which were
closed as on July 31, 1914, under the decision of the Liverpool Cotton
Association, is also confirmed.
Security.
4
The sale of a security held for an unpaid debt owing by an enemy shall
be deemed to have been valid irrespective of notice to the owner if
the creditor acted in good faith and with reasonable care and
prudence, and no claim by the debtor on the ground of such sale shall
be admitted.
Negotiable Instruments.
5
If a person has either before or during the war become liable upon a
negotiable instrument in accordance with an undertaking given to him
by a person who has subsequently become an enemy, the latter shall
remain liable to indemnify the former in respect of his liability,
notwithstanding the outbreak of war.
III. Contracts of Insurance.
6.
The provisions of the following paragraphs shall apply only to
insurance and reinsurance contracts between Turkish nationals and
nationals of the Allied Powers in the case of which trading with
Turkey has been prohibited. These provisions shall not apply to
contracts between Turkish nationals and companies or individuals, even
if nationals of the Allied Powers, established in territory detached
from Turkey under the present Treaty.
In cases where the provisions of the following paragraphs do not
apply, contracts of insurance and reinsurance shall be subject to the
provisions of Article 304.
Fire Insurance.
7
Contracts for the insurance of property against fire entered into by a
person interested in such property with another person who
subsequently became an enemy shall not be deemed to have been
dissolved by the outbreak of war, or by the fact of the person
becoming an enemy, or on account of the failure during the war and for
a period of three months thereafter to perform his obligations under
the contract, but they shall be dissolved at the date when the annual
premium becomes payable for the first time after the expiration of a
period of three months after the coming into force of the present
Treaty.
A settlement shall be effected of unpaid premiums which became due
during the war, or of claims for losses which occurred during the war.
8.
Where by administrative or legislative action an insurance against
fire effected before the war has been transferred during the war from
the original to another insurer, the transfer will be recognised and
the liability of the original insurer will be deemed to have ceased as
from the date of the transfer. The original insurer will, however, be
entitled to receive on demand full information as to the terms of the
transfer, and if it should appear that these terms were not equitable,
they shall be amended so far as may be necessary to render them
equitable.
Furthermore, the insured shall, subject to the concurrence of the
original insurer, be entitled to retransfer the contract to the
original insurer as from the date of the demand.
Life Insurance.
9
Contracts of life insurance entered into between an insurer and a
person who subsequently became an enemy shall not be deemed to have
been dissolved by the outbreak of war or by the fact of the person
becoming an enemy.
Any sum which during the war became due upon a contract deemed not to
have been dissolved under the preceding provision shall be recoverable
after the war with the addition of interest at 5 per cent. per annum
from the date of its becoming due up to the day of payment.
Where the contract has lapsed during the war owing to non-payment of
premiums, or has become void from breach of the conditions of the
contract the assured or his representatives or the persons entitled
shall have the right at any time within twelve months of the coming
into force of the present Treaty to claim from the insurer the
surrender value of the policy at the date of its lapse or avoidance.
10.
Where contracts of life insurance have been entered into by a local
branch of an insurance company established in a country which
subsequently became an enemy country, the contract shall, in the
absence of any stipulation to the contrary in the contract itself, be
governed by the local law, but the insurer shall be entitled to demand
from the insured or his representatives the refund of sums paid or
claims made or enforced under measures taken during the war, if the
making or enforcement of such claims was not in accordance with the
terms of the contract itself or was not consistent with the laws or
treaties existing at the time when it was entered into.
11.
In any case where by the law applicable to the contract the insurer
remains bound by the contract, notwithstanding the non-payment of
premiums, until notice is given to the insured of the termination of
the contract, he shall be entitled where the giving of such notice was
prevented by the war to recover the unpaid premiums with interest at 5
per cent. per annum from the insured.
12.
Insurance contracts shall be considered as contracts of life assurance
for the purpose of paragraphs 9 to 11 when they depend on the
probabilities of human life combined with the rate of interest for the
calculation of the reciprocal engagements between the two parties.
Marine Insurance.
13.
Contracts of marine insurance, including time policies and voyage
policies, entered into between an insurer and a person who
subsequently became an enemy, shall be deemed to have been dissolved
on his becoming an enemy, except in cases where the risk undertaken in
the contract had attached before he became an enemy.
Where the risk had not attached, money paid by way of premium or
otherwise shall be recoverable from the insurer.
Where the risk had attached, effect shall be given to the contract,
notwithstanding the party becoming an enemy, and sums due under the
contract either by way of premiums or in respect of losses shall be
recoverable after the coming into force of the present Treaty.
In the event of any agreement being come to for the payment, of
interest on sums due before the war to or by the nationals of States
which have been at war and recovered after the war, such interest
shall in the case of losses recoverable under contracts of marine
insurance run from the expiration of a period of one year from the
date of the loss.
14.
No contract of marine insurance with an insured person who
subsequently became an enemy shall be deemed to cover losses due to
belligerent action by the Power of which the insurer was a national or
by the allies of such Power.
15.
Where it is shown that a person who had before the war entered into a
contract of marine insurance with an insurer who subsequently became
an enemy entered after the outbreak of war into a new contract
covering the same risk with an insurer who was not an enemy, the new
contract shall be deemed to be subtituted for theoriginal contract as
from the date when it was entered into, and the premiums payable shall
be adjusted on the basis of the original insurer having remained
liable on the contract only up till the time when the new contract was
entered into.
Other Insuronces.
16
Contracts of insurance entered before the war between an insurer and a
person who subsequently became an enemy, other than contracts dealt
with in paragraph 7 to 15, shall be treated in all respects on the
same footing as contracts of fire insurance between the same persons
would be dealt with under the said paragraphs.
Reinsurance.
17.
All treatise of reinsurance with a person who became an enemy shall be
regarded as having been abrogated by the person becoming an enemy, but
without prejudice in the case of life or marine risks which had
attached before the war to the right to recover payment after the war
for sums due in respect of such risks.
Nevertheless, if, owing to invasion, it has been impossible for the
reinsured to find another reinsurer, the treaty shall remain in force
until three months after the coming into force of the present Treaty.
When a reinsurance treaty becomes void under this paragraph there
shall be an adjustment of accounts between the parties in respect both
of premiums paid and payable and of liabilities for losses in respect
of life or marine risk which had attached before the war. In the case
of risks other than those mentioned in paragraphs 9 to 15, the
adjustment of accounts shall be made as at the date of the parties
becoming enemies, without regard to claims for losses which may have
occurred since that date.
18.
The provisions of paragraph 17 will extend equally to reinsura.nces
existing at the date of the parties becoming enemies of particular
risks undertaken by the insurer in a contract of insurance against any
risk other than life or marine risks.
19.
Reinsurance of life risks effected by particular contracts and not
under any general treaty remain in force.
20.
In case of a reinsurance effected before the war of a contract of
marine insurance, the cession of a risk which had been ceded to the
reinsurer shall, if it had attached before the outbreak of war, remain
valid and effect be given to the contract, notwithstanding the
outbreak of war; sums due under the contract of reinsurance in respect
either of premiums or of losses shall be recoverable after the war.
21.
The provisions of paragraphs 14 and 15 and the last part of paragraph
13 shall apply to contracts for the reinsurance of marine risks.
SECTION VI.
COMPANIES AND CONCESSIONS.
ARTICLE 310.
In application of the provisions of Article 287, Allied nationals and
companies controlled by Allied groups or nationals holding concessions
granted before October 29, 1914, by the Turkish government or by any
Turkish local authority in territory remaining Turkish under the
present Treaty, or holding concessions which may be assigned to them
by the Financial Commission in virtue of Article 294, shall be
replaced by such Government or authorities in complete possession of
the rights resulting from the original concession contract and any
subsequent agreements prior to October 29, 1914. The Turkish
Government undertakes to adapt such contracts or agreements to the new
economic conditions, and to extend them for a period equal to the
interval between October 29, 1914, and the coming into force of the
present Treaty. In cases of dispute with the Turkish Government the
matter shall be submitted to the Arbitral Commission referred to in
Article 287.
All legislative or other provisions, all concessions and all
agreements subsequent to October 29, 1914, and prejudicial to the
rights referred to in the preceding paragraph shall be declared null
and void by the Turkish Government.
The concessionnaires referred to in thls Article may, if the Financial
Commission approves, abandon the whole or part of the compensation
accorded to them by the Arbitral Commission under the conditions laid
down in Article 287 for damage or loss suffered during the war, in
exchange for contractual compensation.
ARTICLE 311 .
In territories detached from Turkey to be placed under the authority
or tutelage of one of the Principal Allied Powers, Allied nationals
and companies controlled by Allied groups or nationals holding
concessions granted before October 29, 1914, by the Turkish Government
or by any Turkish local authority shall continue in complete enjoyment
of their duly acquired rights and the Power concerned shall maintain
the guarantees granted or shall assign equivalent ones.
Nevertheless, any such Power, if it considers that the maintenance of
any of these concessions would be contrary to the public interest,
shall be entitled, within a period of six months from the date on
which the territory is placed under its authority or tutelage, to buy
out such concession or to propose modifications therein; in that event
it shall be bound to pay to the concessionnaire equitable compensation
in accordance with the following provisions.
If the parties cannot agree on the amount of such compensation, it
will be determined by Arbitral Tribunals composed of three members,
one designated by the State of which the concessionnaire or the
holders of the majority of the capital in the case of a company is or
are nationals, one by the Government exerising authority in the
territory in question, and the third designated, failing agreement
between the parties, by the Council of the League of Nations.
The Tribunal shall take into account, from both the legal and
equitable standpoints, all relevant matters, on the basis of the
maintenance of the contract adapted as indicated in the following
paragraph.
The holder of a concession which is maintained in force shall have the
right, within a period of six months after the expiration of the
period specified in the second paragraph of this Article, to demand
the adaptation of his contract to the new economic conditions, and in
the absence of agreement direct with the Governrnent concerned the
decision shall be referred to the Arbitral Commission provided for
above.
ARTICLE 312.
In all territories detached from Turkey, either as a result of the
Balkan Wars in 1913, or under the present Treaty, other than those
referred to in Article 311, the State which definitively acquires the
territory shall ipso facto succeed to the duties and charges of Turkey
towards concessionnaires and holders of contracts, referred to in the
first paragraph of Article 311, and shall maintain the guarantees
granted or assign equivalent ones.
This succession shall take effect, in the case of each acquiring
State, as from the coming into force of the Treaty under which the
cession was effected. Such State shall take all necessary steps to
ensure that the concessions may be worked and the carrying out of the
contracts proceeded with without interruption.
Nevertheless, as from the coming into force of the present Treaty,
negotiations may be entered into between the acquiring States and the
holders of contracts or concessions, with a view to a mutual agreement
for bringing such concessions and contracts into conformity with the
legislation of such States and the new economic conditions. Should
agreement not have been reached within six months, the State or the
holders of the concessions or contracts may submit the dispute to an
Arbitral Tribunal constituted as provided in Article 311.
ARTICLE 313.
The application of Articles 311 and 312 shall not give rise to any
award of compensation in respect of the right to issue paper money.
ARTICLE 314.
The Allied Powers shall not be bound to recognise in territory
detached from Turkey the validity of the grant of any concession
granted by the Turkish Government or by Turkish local authorities
after October 29, 1914, nor the validity of the transfer of any
concession effected after that date. Any such concessions and
transfers may be declared null and void, and their cancellation shall
give rise to no compensation.
ARTICLE 315.
All concessions or rights in concessions granted by the Turkish
Government since October 30, 1918, and all such concessions or rights
granted since August 1, 1914, in favour of German, Austrian,
Hungarian, Bulgarian or Turkish nationals or companies controlled by
them, until the date of the coming into force of the present Treaty,
are hereby annulled.
ARTICLE 316.
(a) Any company incorporated in accordance with Turkish law and
operating in Turkey which is now or shall hereafter be controlled by
Allied nationals shall have the right, within five years from the
coming into force of the present Treaty, to transfer its property,
rights and interests to another company incorporated in accordance
with the law of one of the Allied Powers whose nationals control it;
and the company to which the property, rights and interests are
transferred shall continue to enjoy the same rights and privileges as
the other company enjoyed under the laws of Turkey and the terms of
the present Treaty, subject to meeting obligations previously
incurred.
The Turkish Government undertakes to modify its legislation so as to
allow companies of Allied nationality to hold concessions or contracts
in Turkey.
(b) Any company incorporated in accordance with Turkish law and
operating in territory detached from Turkey, which is now or hereafter
shall be controlled by Allied nationals, shall, in the same way and
within the same period, have the right to transfer its property,
rights and interests to another company incorporated in accordance
with the law either of the State exercising authority in the territory
in question or of one of the Allied Powers whose nationals control
it. The company to which the property, rights and interests are
transferred shall continue to enjoy the same rights and privileges as
the other company enjoyed, including those conferred on it by the
present Treaty.
(c) In Turkey companies of Allied nationality to which the property,
rights and interests of Turkish companies shall have been transferred
in virtue of paragraph (a) of this Article, and, in territories
detached from Turkey, companies of Turkish nationality controlled by
Allied groups or nationals and companies of nationality other than
that of the State exercising authority in the territory in question to
which the property, rights and interests of Turkish companies shall
have been transferred in virtue of paragraph (b) of this Article,
shall not be subjected to legislative or other provisions or to taxes,
imposts or charges more onerous than those applied in Turkey to
similar companies possessing Turkish nationality, and in territory
detached from Turkey to those possessing the nationality of the State
exercising authority therein.
(d) The companies to which the property, rights and interests of
Turkish companies are transferred in virtue of paragraphs (a) and (b)
of this Article shall not be subjected to any special tax on account
of this transfer.
SECTION VII.
GENERAL PROVISION.
ARTICLE 317.
The term "nationals of the Allied Powers," wherever used in this Part
or in Part VIII (Financial Clauses), covers:
(I) All nationals, including companies and associations, of an Allied
Power or of a State or territory under the protectorate of an Allied
Power;
(2) The protected persons of the Allied Powers whose certificate of
protection was granted before August 1, 1914;
(3) Turkish financial, industrial and commercial companies controlled
by Allied groups or nationals, or in which such groups or nationals
possessed the preponderant interest on August 1, 1914
(4) Religious or charitable institutions and scholastic establishments
in which nationals or protected persons of the Allied Powers are
interested.
The Allied Powers will communicate to the Financial Comission, within
one year from the coming into force of the present Treaty, the list of
eompanies, institutions and establishments in which they consider that
their nationals possess a preponderant interest or are interested.
PART X.
AERIAL NAVIGATION.
ARTICLE 318
The aircraft of the Allied Powers shall have full liberty of passage
and landing over and in the territory and territorial waters of
Turkey, and shall enjoy the same privileges as Turkish aircraft,
particularly in case of distress by land or sea.
ARTICLE 319.
The aircraft of the Allied Powers shall, while in transit to any
foreign country whatever, enjoy the right of flying over the territory
and territorial waters of Turkey without landing, subject always to
any regulations which may be made by Turkey with the assent of the
Principal Allied Powers, and which shall be applicable equally to the
aircraft of Turkey and to those of the Allied countries.
ARTICLE 320.
Al. aerodromes in Turkey open to national public traffic shall be open
for the aircraft of the Allied Powers, and in any such aerodrome such
aircraft shall be treated on a footing of equality with Turkish
aircraft as regards charges of every description, including charges
for landing and accommodation.
In addition to the above-mentioned aerodromes, Turkey undertakes to
establish aerodromes in such localities as may be designated by the
Allied Powers within one year from the coming into force of the
present Treaty. The provisions of this Article will apply to such
aerodromes.
The Allied Powers reserve the right, in the event of the provisions of
this Article not being carried out, to take all necessary measures to
permit of international aerial navigation over the territory and
territorial waters of Turkey.
ARTICLE 321.
Subject to the present provisions, the rights of passage, transit and
landing provided for in Articles 318, 319 and 320 are subject to the
observance of such regulations as Turkey may consider it necessary to
enact, but such regulations must be approved by the Principal Allied
Powers and shall be applied without distinction to Turkish aircraft
and to those of the Allied countries.
ARTICLE 322.
Certificates of nationality, air-worthiness or competency and
licences, issued or recognised as valid by any of the Allied Powers,
shall be recognised in Turkey as valid and as equivalent to the
certificates and licences issued by Turkey.
ARTICLE 323.
As regards internal commercial air traffic the aircraft of the Allied
Powers shall enjoy in Turkey most-favoured-nation treatment.
ARTICLE 324.
The benefit of the provisions of Articles 318 and 319 shall not,
without the consent of the Allied Powers, be extended by Turkey to
States which fought on her side in the war of 19l4-l919 so long as
such States have not become Members of the League of Nations or been
admitted to adhere to the Convention concluded at Paris on October 13,
1919, relating to Aerial Navigation.
ARTICLE 325.
No concession or rights in a concession relating to civil aerial
navigation shall be granted by Turkey, without the consent of the
Allied Powers, to nationals of States which fought on her side in the
war of 1914-1919 so long as such States have not become Members of the
League of Nations or been admitted to adhere to the Convention
concluded at Paris on October 13, 1919, relating to Aerial Navigation.
ARTICLE 326.
Turkey undertakes to enforce the necessary measures to ensure that all
Turkish aircraft flying over her territory shall comply with the rules
as to lights and signals, rules of the air and rules for air traffic
on and in the neighbourhood of aerodromes, which have been laid down
in the Convention concluded at Paris on October 13, 19l9, relating to
Aerial Navigation.
ARTICLE 327.
The obligations imposed by the provisions of this Part shall remain in
force until Turkey shall have been admitted into the League of Nations
or shall have been authorised, in accordance with the provisions of
the Convention relating to Aerial Navigation concluded at Paris on
October 13, 1919, to adhere to that Convention.
PART XI.
PORTS, WATERWAYS AND RAILWAYS.
SECTION I.
GENERAL PROVISIONS.
ARTICLE 328.
Turkey undertakes to grant freedom of transit through her territories
on the routes most convenient for international transit, either by
rail, navigable waterway or canal, to persons, goods, vessels,
carriages, wagons and mails coming from or going to the territories of
any of the Allied Powers, whether contiguous or not; for this purpose
the crossing of territorial waters shall be allowed. Such persons,
goods, vessels, carriages, wagons and mails shall not be subjected to
any transit duty or to any undue delays or restrictions, and shall be
entitled in Turkey to national treatment as regards charges,
facilities and all other matters.
Goods in transit shall be exempt from all customs or other similar
duties.
All charges imposed on transport in transit shall be reasonable having
regard to the conditions of the traffic. No charge, facility or
restriction shall depend directly or indirectly on the ownership or
the nationality of the ship or other means of transport on which any
part of the through journey has been, or is to be, accomplished.
ARTICLE 329.
Turkey undertakes neither to impose nor to maintain any control over
transmigration traffic through her territories beyond measures
necessary to ensure that passengers are bona fide in transit; nor to
allow any shipping company or any other private body, corporation or
person interested in the traffic to take any part whatever in, or to
exercise any direct or indirect infiuence over, any administrative
service that may be necessary for this purpose.
ARTICLE 330.
Turkey undertakes to make no discrimination or preference, direct or
indirect, in the duties, charges and prohibitions relating to
importations into or exportations from her territories, or, subject to
any special provisions in the present Treaty, in the charges and
conditions of transport of goods or persons entering or leaving her
territories, based on the frontier crossed, or on the kind, ownership
or fiag of the means of transport (including aircraft) employed, or on
the original or immediate place of departure of the vessel, wagon or
aircraft or other means of transport employed, or its ultimate or
intennediate destination, or on the route of or places of
trans-shipment on the journey, or on whether any port through which
the goods are imported or exported is a Turkish port or a port
belonging to any foreign country, or en whether the goods are imported
or exported by sea, by land or by air.
Turkey particularly undertakes not to establish against the ports and
vessels of any of the Allied Powers any surtax or any direct or
indirect bounty for export or import by Turkish ports or vessels, or
by those of another Power, for example, by means of combined
tariffs. She further undertakes that persons or goods passing through
a port or using a vessel of any of the Allied Powers shall not be
subjected to any formality or delay whatever to which such persons or
goods would not be subjected if they passed through a Turkish port or
a port of any other Power, or used a Turkish vessel or a vessel of any
other Power.
ARTICLE 331.
All necessary administrative and technical measures shall be taken to
expedite, as much as possible, the transmission of goods across the
Turkish frontiers and to ensure their forwarding and transport from
such frontiers irrespective of whether such goods are coming from or
going to the territories of the Allied Powers or are in transit from
or to those territories, under the same material conditions in such
matters as rapidity of carriage and care ent route as are enjoyed by
other goods of the sarme kind carried on Turkish territory under
similar conditions of transport .
In particular, the transport of perishable goods shall be promptly and
regularly carried out, and the customs formalities shall be effected
in such a way as to allow the goods to be carried straight through by
trains which make connection.
ARTICLE 332.
The seaports of the Allied Powers are entitled to all favours and to
all reduced tariffs granted on Turkish railways or navigable waterways
for the benefit of Turkish ports (without prejudice to the rights of
concessionaires) or of any port of another Power.
ARTICLE 333
Subject to the rights of concessionaires, Turkey may not refuse to
participate in the tariffs or combinations of tariffs intended to
secure for ports of any of the Allied Powers advantages similar to
those granted by Turkey to her own ports or the ports of any other
Power.
SECTION II.
NAVIGATION.
CHAPTER 1.
FREEDOM OF NAVIGATION.
ARTICLE 334.
The nationals of any of the Allied Powers as well as their vessels and
property shall enjoy in all Turkish ports and on the inland navigation
routes of Turkey at least the same treatment in all respects as
Turkish nationals, vessels and property.
In particular, the vessels of any one of the Allied Powers shall be
entitled to transport goods of any description and passengers to or
from any ports or places in Turkish territory to which Turkish vessels
may have access, under conditions which shall not be more onerous than
those applied in the case of national vessels, they shall be treated
on a footing of equality with national vessels as regards port and
harbour facilities and charges of every description, including
facilities for stationing, loading and unloading, tonnage duties and
charges, harbour, pilotage, lighthouse, quarantine and all analogous
duties and charges of whatsoever nature levied in the name of or for
the profit of the Government, public functionaries, private
individuals, corporations or establishments of any kind.
In the event of Turkey granting a preferential regime to any of the
Allied Powers or to any other foreign Power, this regime shall be
extended immediately and unconditionally to all the Allied Powers.
There shall be no restrictions on the movement of persons or vessels
other than those arising from prescriptions concerning customs,
police, public health, emigration, and immigration and those relating
to the import and export of prohibited goods. Such regulations must be
reasonable and uniform and must not impede traffic unnecessarily.
CHAPTER II.
PORTS OF INTERNATIONAL CONCERN
ARTICLE 335.
The following Eastern ports are declared ports of international
concern and placed under the regime defined in the following Articles
of this section;
Constantinople, from St. Stefano to Dolma Bagtchi;
Haidar Pasha;
Smyrna;
Alexandretta;
Haifa;
Basra;
Trebizond (in the conditions laid down in Article 352);
Batum (subject to conditions to be subsequently fixed).
Free zones shall be provided in these ports.
Subject to any provisions to the contrary in the present Treaty, the
regime laid down for the above ports shall not prejudice the
territorial sovereignty.
(1) Navigation.
ARTICLE 336
In the ports declared of international concern the nationals goods and
flags of all States Members of the League of Nations shall enjoy
complete freedom in the use of the port. In this connection and in all
respects they shall be treated on a footing of perfect equality,
particularly as regards all port and quay facilities and charges,
including facilities for berthing, loading and discharging, tonnage
dues and charges, quay, pilotage, lighthouse, quarantine and all
similar dues and charges of whatsoever nature, levied in the name of
or for the profit of the Government, public functionaries, private
individuals, corporations or establishments of every kind, no
distinction being made between the nationals, goods and flags of the
different States and those of the State under whose sovereignty or
authority the port is placed.
There shall be no restrictions on the movement of persons or vessels
other than those arising from regulations concerning customs, police,
public health, emigration and immigration and those relating to the
import and export of prohibited goods. Such regulations must be
reasonable and uniform and must not impede traffic unnecessarily.
(2) Dues and Charges.
ARTICLE 337.
All dues and charges for the use of the port or of its approaches, or
for the use of facilities provided in the port, shall be levied under
the conditions of equality prescribed in Article 336, and shall be
reasonable both as regards their amount and their application, having
regard to the expenses incurred by the port authority in the
administration, upkeep and improvement of the port and of the
approaches thereto, or in the interests of navigation.
Subject to the provisions of Article 54, Part III (Political Clauses)
of the present Treaty all dues and charges other than those provided
for in the present Article or in Articles 338, 342, or 343 are
forbidden.
ARTICLE 338.
All customs, local octroi or consumption dues, duly authorised, levied
on goods imported or exported through a port subject to the
international regime shall be the same, whether the flag of the vessel
which effected or is to effect the transport be the flag of the State
exercising sovereignty or authority over the port or any other
flag. In the absence of special circumstances justifying an exception
on account of economic needs, such dues must be fixed on the same
basis and at the same tariffs as similar duties levied on the other
customs frontiers of the State concerned. All facilities which may be
accorded by such State over other land or water routes or at other
ports for the import or export of goods shall be equally granted to
imports and exports through the port subject to the international
regime. (3) Works.
ARTICLE 339.
In the absence of any special arrangement relative to the execution of
works for maintaining and improving the port, it shall be the duty of
the State under whose sovereignty or authority the port is placed to
take suitable measures to remove any obstacle or danger to navigation
and to secure facilities for the movements of ships in the port.
ARTICLE 340.
The State under whose sovereignty or authority the port is placed must
not undertake any works liable to prejudice the facilities for the use
of the port or of its approaches.
(4) Free Zones
ARTICLE 341.
The facilities granted in a free zone for the erection or use of
warehouses and for packing and unpacking goods shall be in accordance
with trade requirements for the time being. All goods allowed to be
consumed in the free zone shall be exempt from customs, excise and all
other duties of any description whatsoever apart from the statistical
duty provided for in Article 342. Unless otherwise provided in the
present Treaty, it shall be within the discretion of the State under
whose sovereignty or authority the port is placed to permit or to
prohibit manufacture within the free zone. There shall be no
discrimination in regard to any of the provisions of this Article
either between persons belonging to different nationalities or between
goods of different origin or destination.
ARTICLE 342.
No duties or charges, other than those provided for in Article 336,
shall be levied on goods arriving in the free zone or departing
therefrom, from whatever foreign country they come or for whatever
foreign country they are destined, other than a statistical duty which
shall not exceed 1 per mille ad valorem. The proceeds of this
statistical duty shall be devoted exclusively to the maintenance of
the service dealing with the statistics relating to the traffic of the
free zone.
ARTICLE 343.
Subject to the provisions of Article 344, the duties referred to in
Article 338 may be levied under the conditions laid down in that
Article on goods coming from or going to the free zone on their
importation into the territory of the State under whose sovereignty or
authority the port is placed or on their exportation from such
territory respectively.
ARTICLE 344.
Persons, goods, postal services, ships, vessels, carriages, wagons and
other means of transport coming from or going to the free zone, and
crossing the territory of the State under whose sovereignty or
authority the port is placed, shall be deemed to be in transit across
that State if they are going to or coming from the territory of any
other State whatsoever.
(5) Dispute
ARTICLE 345.
Subject to the provisions contained in Article 61, Part III (Political
Clauses), differences which may arise between interested States with
regard to the interpretation or to the application of the dispositions
contained in Articles 335 to 344, as well as, in general, any
differences between interested States with regard to the use of the
ports, shall be settled in accordance vvith the conditions laid down
by the League of Nations.
Differences with regard to the execution of works liable to prejudice
the facilities for the use of the port or of its approaches shall be
dealt with by an accelerated procedure, and may be the object of an
expression of opinion, or of a provisional decision which may
prescribe the suspension or the immediate suppression of the said
works, without prejudice to the ultimate opinion or decision in the
case.
CHAPTER III.
CLAUSES RELATING TO THE MARITSA AND THE DANUBE
ARTICLE 346.
On a request being made by one of the riparian States to the Council
of the League of Nations, the Maritsa shall be declared an
international river, and shall be subject to the regime of
international rivers laid down in Articles 332 to 338 of the Treaty of
Peace concluded with Germany on June 28, 1919.
ARTICLE 347
On a request being made to the Council of the League of Nations by any
riparian State, the Maritsa shall be placed under the administration
of an International Commission, which shall comprise one
representative of each riparian State and one representative of Great
Britain, one of France and one of Italy.
ARTICLE 348.
Without prejudice to the provisions of Article 133, Part III
(Political Clauses), Turkey hereby recognises and accepts all the
dispositions relating to the Danube inserted in the Treaties of Peace
concluded with Germany, Austria, Hungary and Bulgaria and the regime
for that river resulting therefrom.
CHAPTER IV.
CLAUSES GIVING TO CERTAIN STATES THE USE OF CERTAIN PORTS.
ARTICLE 349
In order to ensure to Turkey free access to the Mediterranean and
Agean Seas, freedom of transit is accorded to Turkey over the
territories and in the ports detached from Turkey.
Freedom of transit is the freedom defined in Article 328, until such
time as a General Convention on the subject shall have been concluded,
whereupon the dispositions of the new Convention shall be substituted
therefor.
Special conventions between the States or Administrations concerned
will lay down, as regards Turkey with the assent of the Financial
Commission, the conditions of the exercise of the right accorded
above, and will settle in particular the method of using the ports and
the free zones existing in them, the establishment of international
(joint) services and tariffs, including through tickets and way-bills,
and the application of the Convention of Berne of October 14, 1890,
and its supplementary provisions, until its replacement by a new
Convention.
Freedom of transit will extend to postal, telegraphic and telephonic
services.
ARTICLE 350.
In the port of Smyrna Turkey will be accorded a lease in perpetuity,
subject to determination by the League of Nations, of an area which
shall be placed under the general regime of free zones laid down in
Articles 341 to 344, and shall be used for the direct transit of goods
coming from or going to that State.
The delimitation of the area referred to in the preceding paragraph,
its connection with existing railways, its equipment and exploitation,
and in general all the conditions of its utilisation, including the
amount of the rental, shall be decided by a Commission consisting of
one delegate of Turkey, one delegate of Greece, and one delegate
appointed by the League of Nations. These conditions shall be
susceptible of revision every ten years in the same manner.
ARTICLE 351.
Free access to the Black Sea by the port of Batum is accorded to
Georgia, Azerbaijan and Persia, as well as to Armenia. This right of
access will be exercised in the conditions laid down in Article 349.
ARTICLE 352.
Subject to the decision provided for in Article 89, Part III
(Political Clauses), free access to the Black Sea by the port of
Trebizond is accorded to Armenia. This right of access will be
exercised in the conditions laid down in Article 349.
In that event Armenia will be accorded a lease in perpetuity, subject
to determination by the League of Nations, of an area in the said port
which shall be placed under the general regime of free zones laid down
in Articles 34x to 344, and shall be used for the direct transit of
goods coming from or going to that State.
The delimitation of the area referred to in the preceding paragraph,
its connection with existing railways, its equipment and exploitation,
and in general all the conditions of its utilisation, including the
amount of the rental, shall be decided by a Commission consisting of
one delegate of Armenia, one delegate of Turkey, and one delegate
appointed by the League of Nations. These conditions shall be
susceptible of revision every ten years in the same manner.
SECTION III .
RAILWAYS.
CHAPTER 1.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT
ARTICLE 353.
Subject to the rights of concessionaire companies, goods coming from
the territories of the Allied Powers and going to Turkey and vice
versa, or in transit through Turkey from or to the territories of the
Allied Powers, shall enjoy on the Turkish railways as regards charges
to be collected (rebates and drawbacks being taken into account),
facilities and all other matters, the most favourable treatment
applied to goods of the same kind carried on any Turkish lines, either
in internal trafffic or for export, import or in transit, under
similar conditions of transport, for example as regards length of
route.
International tariffs established in acordance with the rates referred
to in the preceding paragraph and involving through way bills shall be
established when one of the Allied Powers shall require it from
Turkey.
ARTICLE 354
From the coming into force of the present Treaty Turkey agrees, under
the reserves indicated in the second paragraph of this Article, to
subscribe to the conventions and arrangements signed at Berne on
October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898,
and September 19, 1906, regarding the transportation of goods by rail.
If within five years from the date of the coming into force of the
present Treaty a new convention for the transportation of passengers,
luggage and goods by rail shall have been concluded to replace the
Berne Convention of October 14, 1890, and the subsequent additions
referred to above, this new convention and the supplementary
provisions for international transport by rail which may be based on
it shall bind Turkey, even if she shall have refused to take part in
the preparation of the convention or to subscribe to it. Until a new
convention shall have been concluded, Turkey shall conform to the
provisions of the Berne Convention and the subsequent additions
referred to above, and to the current supplementary provisions.
ARTICLE 355.
Subject to the rights of concessionaire companies, Turkey shall be
bound to co-operate in the establishment of through-ticket services
(for passengers and their luggage) which shall be required by any of
the Allied Powers to ensure their communication by rail with each
other and with all other countries by transit across the territories
of Turkey; in particular Turkey shall, for this purpose, accept trains
and carriages coming from the territories of the Allied Powers and
shall forward them with a speed at least equal to that of her best
long-distance trains on the same lines. The rates applicable to such
through services shall not in any case be higher than the rates
collected on Turkish internal services for the same distance, under
the same conditions of speed and comfort.
The tariffs applicable under the same conditions of speed and comfort
to the transportation of emigrants going to or coming from ports of
the Allied Powers and using the Turkish railways shall not be at a
higher kilometric rate than the most favourable tariffs (drawbacks and
rebates being taken into account) enjoyed on the said railways by
emigrants going to or coming from any other ports.
ARTICLE 356.
Turkey shall not apply specially to such through services, or to the
transportation of emigrants going to or coming from the ports of the
Allied Powers, any technical, fiscal or administrative measures, such
as measures of customs examination, general police, sanitary police,
and control, the result of which would be to impede or delay such
services.
ARTICLE 357
In case of transport partly by rail and partly by internal navigation,
with or without through way-bill, the preceding Articles shall apply
to the part of the journey performed by rail.
CHAPTER II.
ROLLING STOCK.
ARTICLE 358.
Turkey undertakes that Turkish wagons used for international traffic
shall be fitted with apparatus allowing: (1) Of their inelusion in
goods trains on the lines of such of the Allied Powers as are parties
to the Berne Convention of May 15, 1886, as modified on May 18, 1907,
without hampering the action of the continuous brake which may be
adopted in such countries within ten years of the coming into force of
the present Treaty and
(2) Of the acceptance of wagons of such countries in all goods trains
on the Turkish lines.
The rolling-stock of the Allied Powers shall enjoy on the Turkish
lines the same treatment as Turkish rolling stock as regards movement,
upkeep and repair.
CHAPTER III.
TRANSFERS OF RAILWAY LINES.
ARTICLE 359.
Subject to any special provisions concerning the transfer of ports and
railways, whether owned by the Turkish Government or private
companies, situated in the territories detached from Turkey under the
present Treaty, and to the financial conditions relating to the
concessionaires and the pensioning of the personnel, the transfer of
railways will take place under the following conditions:
(1) The works and installations of all the railroads shall be left
complete and in as good condition as possible.
(2) When a railway system possessing its own roiling stock is situated
in its entirety in transferred territory, such stock shall be left
complete with the railway, in accordance with the last inventory
before October 30, 1918, and in a normal state of upkeep, Turkey being
responsible for any losses due to causes within her control.
(3) As regards lines, the administration of which will in virtue of
the present Treaty be divided, the distribution of the rolling stock
shall be made by agreement between the administrations taking over the
several parts thereof. This agreement shall have regard to the amount
of the material registered on those lines in the last inventory before
October 30, 1918, the length of track (sidings included) and the
nature and amount of the trafffic. Failing agreement the points in
dispute shall be settled by an arbitrator designated by the League of
Nations who shall also, if necessary, specify the locomotives,
carriages and wagons to be left on each section, the conditions of
their acceptance, and such provisional arrangements as he may judge
necessary to ensure for a limited period the current maintenance in
existing workshops of the transferred stock.
(4) Stocks of stores, fittings and plant shall be left under the same
conditions as the rolling stock.
ARTICLE 360.
The Turkish Government abandons whatever rights it possesses over the
Hedjaz railway, and accepts such arrangements as shall be made for its
working, and for the distribution of the property belonging to or used
in connection with the railway, by the Governments concerned. In any
such arrangements the special position of the railway from the
religious point of view shall be fully recognised and safeguarded.
CHAPTER IV.
WORKING AGREEMENTS.
ARTICLE 361.
When, as a result of the fixing of new frontiers, a railway connection
between two parts of the same country crosses another country, or a
branch line from one country has its terminus in another, the
conditions of working, if not specifically provided for in the present
Treaty, shall be laid down in a convention between the railway
administrations concerned. If the administrations cannot come to an
agreement as to the terms of such convention, the points of difference
shall be decided by an arbitrator appointed as provided in Article
359.
The establishment of all new frontier stations between Turkey and the
contiguous Allied States or new States, as well as the working of the
lines between those stations, shall be settled by agreements similarly
concluded.
ARTICLE 362
A standing conference of technical representatives nominated by the
Governments concerned shall be constituted with powers to agree upon
the necessary joint arrangements for through traffic working, wagon
exchange, through rates and tariffs and other similar matters
affecting railways situated on territory forming part of the Turkish
Empire on August 1, 1914.
SECTION IV.
MISCELLANEOUS.
CHAPTER I.
HYDRAULIC SYSTEM.
ARTICLE 363
In default of any provision to the contrary, when as the result of the
fixing of a new frontier the hydraulic system (canalisation
inundation, irrigation, drainage or similar matters) in a State is
dependent on works executed within the territory of another State, or
when use is made on the territory of a State, in virtue of pre-war
usage, of water or hydraulic power the source of which is on the
territory of another State, an agreement shall be made between the
States concerned to safeguard the interests and rights acquired by
each of them.
Failing an agreement, the matter shall be regulated by an arbitrator
appointed by the Council of the League of Nations.
CHAPTER II.
TELEGRAPHS AND TELEPHONES.
ARTICLE 364
Turkey undertakes on the request of any of the Allied Powers to grant
facilities for the erection and maintenance of trunk telegraph and
telephone lines across her territories.
Such facilities shall comprise the grant to any telegraph or telephone
company nominated by any of the Allied Powers of the right:
(a) To erect a new line of poles and wires along any line of railway
or other route in Turkish territory;
(b) To have access at all times to such poles and wires or wires
placed by agreement on existing poles, and to take such steps as may
be necessary to ma nta n them in good working order;
(c) To utilise the services of their own staff for the purpose of
working such wires.
All questions relating to the establishment of such lines, especially
as regards compensation to private individuals, shall be settled in
the same conditions as are applied to telegraph or telephone lines
established by the Turkish Government itself.
ARTICLE 365.
Notwithstanding any contrary stipulations in existing treaties, Turkey
undertakes to grant freedom of transit for telegraphic eorrespondence
and telephonic communications coming from or going to any one of the
Allied Powers, whether contiguous with her or not, over such lines as
may be most suitable for international transit and in accordance with
the tariffs in force. This correspondence and these communications
shall be subjected to no unnecessary delay or restriction; they shall
enjoy in Turkey national treatment in regard to every kind of
facility, and especially in regard to rapidity of transmission. No
payment, facility or restriction shall depend directly or indirectly
on the nationality of the transmitter or the addressee.
Where, in consequence of the provisions of the present Treaty, lines
previously entirely on Turkish territory traverse the territory of
more than one State, pending the revision of telegraph rates by a new
international telegraphic convention, the through charges shall not be
higher than they would have been if the whole of the territory
traversed had remained under Turkish sovereignty, and the
apportionment of the through charges between the States traversed
shall be dealt with by agreement between the administrations
concerned.
CHAPTER III.
SUBMARINE CABLES.
ARTICLE 366.
Turkey agrees to transfer the landing rights at Constantinople for the
Constantinople-Constanza cable to any administration or company which
may be designated by the Allied Powers.
ARTICLE 367.
Turkey renounces on her own behalf and on behalf of her nationals in
favour of the Principal Allied Powers all rights, titles or privileges
of whatever nature over the whole or part of the Jeddah-Suakin and
Cyprus-Latakia submarine cables.
If the cables or portions thereof transferred under the preceding
paragraph are privately owned, the value, calculated on the basis of
the original cost less a suitable allowance for depreciation, shall be
credited to Turkey.
CHAPTER IV.
EXECUTORY PROVISIONS.
ARTICLE 368.
Turkey shall carry out the instructions given her, in regard to
transport, by an authorised body acting on behalf of the Allied
Powers:
(I) For the carriage of troops under the provisions of the present
Treaty, and of material, ammunition and supplies for army use;
(2) As a temporary measure, for the transportation of supplies for
certain regions, as well as for the restoration, as rapidly as
possible, of the normal conditions of transport, and for the
organisation of postal and telegraphic services.
SECTION V.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 369.
Unless otherwise specifically provided for in the present Treaty,
disputes which may arise between interested Powers with regard to the
interpretation and application of this Part of the present Treaty
shall be settled as provided by the League of Nations.
ARTICLE 370.
At any time the League of Nations may recommend the revision of such
of these Articles as relate to a permanent administrative regime.
ARTICLE 371.
The stipulations of Articles 328 to 334, 353 and 355 to 357 shall be
subject to revision by the Council of the League of Nations at any
time after three years from the coming into force of the present
Treaty.
Subject to the provisions of Article 373 no Allied Power can claim the
benefit of any of the stipulations of the Articles enumerated above on
behalf of any portion of its territories in which reciprocity is not
accorded in respect of such stipulations.
SECTION VI.
SPECIAL PROVISIONS.
ARTICLE 372.
Without prejudice to the special obligations imposed on her by the
present Treaty for the benefit of the Allied Powers, Turkey undertakes
to adhere to any General Conventions regarding the international
regime of transit, waterways, ports or railways which may be
concluded, with the approval of the League of Nations, within five
years of the coming into force of the present Treaty.
ARTICLE 373.
Unless otherwise expressly provided in the present Treaty, nothing in
this Part shall prejudice more extensive rights conferred on the
nationals of the Allied Powers by the Capitulations or by any
arrangements which may be substituted therefor.
PART XII.
LABOUR.
See Part XIII, Treaty of Versailles, Pages 238-253.
PART XIII.
MISCELLANEOUS PROVISIONS.
ARTICLE 415.
Turkey undertakes to recognise and to accept the conventions made or
to be made by the Allied Powers or any of them with any other Power as
to the traffic in arms and in spirituous liquors, and also as to the
other subjects dealt with in the General Acts of Berlin of February
26, 1885, and of Brussels of July 2, 1890, and the conventions
completing or modifying the same.
ARTICLE 416.
The High Contracting Parties declare and place on record that they
have taken note of the Treaty signed by the Government of the French
Republic on July 17, 1918, with His Serene Highness the Prince of
Monaco,defining the relations between France and the Principality.
ARTICLE 417.
Without prejudice to the provisions of the present Treaty, Turkey
undertakes not to put forward directly or indirectly against any
Allied Power any pecuniary claim based on events which occurred at any
time before the coming into force of the present Treaty.
The present stipulation will bar completely and finally all claims of
this nature, which will be thenceforward extinguished, whoever may be
the parties in interest.
ARTICLE 418.
Turkey accepts and recognises as valid and binding all decrees and
orders concerning Turkish ships and goods and all orders relating to
the payment of costs made by any Prize Court of any of the Allied
Powers, and undertakes not to put forward any claim arising out of
such decrees or orders on behalf of any Turkish national.
The Allied Powers reserve the right to examine in such manner as they
may determine all decisions and orders of Turkish Prize Courts,
whether affecting the property rights of nationals of those Powers or
of neutral Powers. Turkey agrees to furnish copies of all the
documents constituing the record of the cases, including the decisions
and orders made, and to accept and give effect to the recommendations
made after such examination of the cases.
ARTICLE 419.
With a view to minimising the losses arising from the sinking of ships
and cargoes in the course of the war, and to facilitating the recovery
of ships and cargoes which can be salved and the adjustment of the
private claims arising with regard thereto, the Turkish Government
undertakes to supply all the information in its power which may be of
assistance to the Governments of the Allied Powers or to their
nationals with regard to vessels sunk or damaged by the Turkish naval
forces during the period of hostilities.
ARTICLE 420.
Within six months from the coming into force of the present Treaty the
Turkish Government must restore to the Governments of the Allied
Powers the trophies, archives, historical souvenirs or works of art
taken from the said Powers or their nationals, including companies and
associations of every description controlled by such nationals, since
October 29, 1914.
The delivery of the articles will be effected in such places and
conditions as may be laid down by the Governments to which they are to
be restored.
ARTICLE 421. The Turkish Government will, within twelve months from
the coming into force of the present Treaty, abrogate the existing law
of antiquities and take the necessary steps to enact a new law of
antiquities which will be based on the rules contained in the Annex
hereto, and must be submitted to the Financial Commission for approval
before being submitted to the Turkish Parliament. The Turkish
Government undertakes to ensure the execution of this law on a basis
of perfect equality between all nations.
ANNEX.
1.
"Antiquity" means any construction or any product of human activity
earlier than the year 1700.
2.
The law for the protection of antiquities shall proceed by
encouragement rather than by threat.
Any person who, having discovered an antiquity without being furnished
with the authorisation referred to in paragraph 5, reports the same to
an official of the competent Turkish Department, shall be rewarded
according to the value of the discovery.
3.
No antiquity may be disposed of except to the competent Turkish
Department, unless this Department renounces the acquisition of any
such antiquity.
No antiquity may leave the country without an export licence from the
said Department.
4.
Any person who maliciously or negligently destroys or damages an
antiquity shall be liable to a penalty to be fixed.
5.
No clearing of ground or digging with the object of finding
antiquities shall be permitted, under penalty of fine, except to
persons authorised by the competent Turkish Department.
6.
Equitable terms shall be fixed for expropriation, temporary or
permanent, of lands which might be of historical or archeological
interest.
7.
Authorisation to excavate shall only be granted to persons who show
sufficient guarantees of archeological experience. The Turkish
Government shall not, in granting these authorisations, act in such a
way as to eliminate scholars of any nation without good grounds.
8.
The proceeds of excavations may be divided between the excavator
and the competent Turkish Department in a proportion fixed by that
Department. If division seems impossible for scientific reasons, the
excavator shall receive a fair indemnity in lieu of a part of the
find.
ARTICLE 422
All objects of religious, archeological, historical or artistic
interest which have been removed since August 1, 1914, from any of the
territories detached from Turkey will within twelve months from the
coming into force of the present Treaty be restored by the Turkish
Government to the Government of the territory from which such objects
were removed.
If any such objects have passed into private ownership, the Turkish
Government will take the necessary steps by expropriation or otherwise
to enable it to fulfil its obligations under this Article.
Lists of the objects to be restored under this Article will be
furnished to the Turkish Government by the Governments concerned
within six months from the coming into force of the present Treaty.
ARTICLE 423.
The Turkish Government undertakes to preserve the books, documents and
manuscripts from the Library of the Russian Archeological Institute at
Constantinople which are now in its possession, and to deliver them to
such authority as the Allied Powers, in order to safeguard the rights
of Russia, reserve the right to designate. Pending such delivery the
Turkish Government must allow all persons duly authorised by any of
the Allied Powers to have free access to the said books, documents and
manuscripts.
ARTICLE 424.
On the coming into force of the present Treaty, Turkey will hand over
without delay to the Governments concerned archives, registers, plans,
title-deeds and documents of every kind belonging to the civil,
military, financial, judicial or other forms of administration in the
transferred territories. If any one of these documents, archives,
registers, title-deeds or plans is missing, it shall be restored by
Turkey upon the demand of the Government concerned.
In case the archives, registers, plans, title-deeds or documents
referred to in the preceding paragraph, exclusive of those of a
military character, concern equally the administrations in Turkey, and
cannot therefore be handed over without inconvenience to such
administrations, Turkey undertakes, subject to reciprocity, to give
access thereto to the Govermllents concerned.
The Turkish Government undertakes in particular to restore to the
Greek Government the local land registers or any other public
registers relating to landed property in the districts of the former
Turkish Empire transferred to Greece since 1912, which the Turkish
authorities removed or may have removed at the time of the evacuation.
In cases where the restitution of one or more of such registers is
impossible owing to their disappearance or for any other reason, and
whenever necessary for purposes of verification of titles produced to
the Greek authorities, the Greek Government shall be entitled to take
any necessary copies of the entries in the Central Land Registry at
Constantinople.
ARTICLE 425.
Tlle Turkish Government undertakes, subject to reciprocity, to afford
to the Governments exercising authority over territory detached from
Turkey, or of which the existing status is recognised by Turkey under
the present Treaty, access to any archives and documents of every
description relating to the administration of Wakfs in such territory,
or to particular Wakfs, wherever situated, in which persons or
institutions established in such territory are interested.
ARTICLE 426.
All judicial decisions given in Turkey by a judge or court of an
Allied Power between October 30, 1918, and the coming into force of
the new judicial system referred to in Article 136, Part III
(Political Clauses) shall be recognised by the Turkish Government,
which undertakes if necessary to ensure the execution of such
decisions.
ARTICLE 427.
Subject to the provisions of Article 46, Part III (Political Clauses)
Turkey hereby agrees so far as concerns her territory as delimited in
Article 27 to accept and to co-operate in the execution of any
decisions taken by the Allied Powers, in agreement where necessary
with other Powers, in relation to any matters previously dealt with by
the Constantinople Superior Council of Health and the Turkish Sanitary
Administration which was directed by the said Council.
ARTICLE 428.
As regards the territories detached from Turkey under the present
Treaty, and in any territories which cease in accordance with the
present Treaty to be under the suzerainty of Turkey, Turkey hereby
agrees to accept any decisions in conformity with the principles
enunciated below taken by the Allied Powers, in agreement where
necessary with other Powers, in relation to any matters previously
dealt with by the Constantinople Superior Council of Health or the
Turkish Sanitary Administration which was directed by the said
Council, or by the Alexandria Sanitary, Maritime and Quarantine Board.
The principles referred to in the preceding paragraph are as follows:
(a) Each Allied Power will be responsible for maintaining and
conducting in accordance with the provisions of international sanitary
conventions its own quarantine establishments in any territory
detached from Turkey which is placed under its control, whether the
Allied Power be in sovereign possession, or act as mandatory or
protector, or be responsible for the administration, of the territory
in question;
(b) Such measures for the sanitary control of the Hedjaz pilgrimage as
have hitherto been carried out by, or under the direction of, the
Constantinople Superior Council of Health or the Turkish Sanitary
Administration, or by the Alexandria Sanitary, Maritime and Quarantine
Board, will henceforth be undertaken by the Allied Powers under whose
sovereignty, mandate, protection or responsibility will pass those
territories in which the various quarantine stations and sanitary
establishments necessary for the execution of such measures are
situated. The measures will be in conformity with the provisions of
international sanitary conventions, and in order to secure complete
uniformity in their execution each Allied Power concerned in the
sanitary control of the pilgrimage will be represented on a
co-ordinating Pilgrimage Quarantine Committee placed under the
supervision of the Council of the League of Nations.
ARTICLE 429.
The High Contracting Parties agree that, in the absence of a
subsequent agreement to the contrary, the Chairman of any Commission
established by the present Treaty shall in the event of an equality of
votes be entitled to a second vote.
ARTICLE 430.
Except where otherwise provided in the present Treaty, in all cases
where the Treaty provides for the settlement of a question affecting
particularly certain States by means of a special Convention to be
concluded between the States concerned, it is understood by the High
Contracting Parties that difficulties arising in this connection
shall, until Turkey is admitted to membership of the League of
Nations, be settled by the Principal Allied Powers.
ARTICLE 431.
Subject to any special provisions of the present Treaty, at the
expiration of a period of six months from its coming into force, the
Turkish laws must have been modified and shall be maintained by the
Turkish Government in conformity with the present Treaty.
Within the same period, all the administrative and other measures
relating to the execution of the present Treaty must have been taken
by the Turkish Government.
ARTICLE 432.
Turkey will remain bound to give every facility for any investigation
which the Council of the League of Nations, acting if need be by a
majority vote, may consider necessary, in any matters relating
directly or indirectly to the application of the present Treaty.
ARTICLE 433.
The High Contracting Parties agree that Russia shall be entitled, on
becoming a Member of the League of Nations, to accede to the present
Treaty under such conditions as may be agreed upon between the
Principal Allied Powers and Russia, and without prejudice to any
rights expressly conferred upon her under the present Treaty.
The present Treaty, in French, in English, and in Italian, shall be
ratified. In case of divergence the French text shall prevail, except
in Parts I (Covenant of the League of Nations) and XII (Labour), where
the French and English texts shall be of equal force. The deposit of
ratifications shall be made at Paris as soon as possible.
Powers of which the seat of the Government is outside Europe will be
entitled merely to inform the Government of the French Republic
through their diplomatic representative at Paris that their
ratification has been given; in that case they must transmit the
instrument of ratification as soon as possible.
A first proces-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 proces-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 proces-verbaux of the deposit of ratifications.
IN FAITH WHEREOF the above-named Plenipotentiaries have signed the
present Treaty.
Done at Sevres, the tenth day of August one thousand nine hundred and
twenty, in a single copy which will remain deposited in the archives
of the French Republic, and of which authenticated copies will be
transmitted to each of the Signatory Powers.
(L. S.) GEORGE GRAHAME.
(L. S.) GEORGE H. PERLEY.
(L. S.) ANDREW FISHER.
(L. S.) GEORGE GRAHAME.
(L. S.) R. A. BLANKENBERG.
(L. S.) ARTHUR HIRTZEL.
(L. S.) A. MILLERAND.
(L. S.) F. FRANCOIS-MARSAL.
(L. S.) JULES CAMBON. (L. S.) PALEOLOGUE.
(L. S.) BONIN.
(L. S.) MARIETTI.
(L. S.) K:. MATSUI.
(L. S.) A. AHARONIAN.
(L. S.) J. VAN DEN HEUVEL.
(L. S.) ROLIN JAEQUEMYNS,
(L. S.) E. K. VENIZELOS.
(L. S.) A. ROMANOS.
(L. S.) MAURICE ZAMOYSKI.
(L. S.) ERASME PILTZ
(L. S.) AFFONSO COSTA.
(L. S.) D. J. GUIKA.
(L. S.) STEFAN OSUSKY.
(L. S.) HADI.
(I.. S.) DR. RIZA TEWFIK.
(L. S.) RECHAD HALISS.
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