The Peace Treaty of Sèvres
10 August, 1920
(never adopted, superseded by the Treaty of Lausanne).
The Treaty of Sèvres, 1920
(from: The Treaties of Peace 1919-1923,
Vol. II, Carnegie Endowment for International Peace, New York, 1924.)
Section II, Annex II and Articles 261-433
THE TREATY OF PEACE BETWEEN THE ALLIED AND
ASSOCIATED POWERS
AND TURKEY
SIGNED AT SÈVRES
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 bonâ fide in transit;
nor to allow any shipping company or any other private body, corporation or
person interested in the traffic to take any part whatever in, or to exercise
any direct or indirect infiuence over, any administrative service that may be
necessary for this purpose.
ARTICLE 330.
Turkey undertakes to make no discrimination or
preference, direct or indirect, in the duties, charges and prohibitions
relating to importations into or exportations from her territories, or, subject
to any special provisions in the present Treaty, in the charges and conditions
of transport of goods or persons entering or leaving her territories, based on
the frontier crossed, or on the kind, ownership or fiag of the means of
transport (including aircraft) employed, or on the original or immediate place
of departure of the vessel, wagon or aircraft or other means of transport
employed, or its ultimate or intennediate destination, or on the route of or
places of trans-shipment on the journey, or on whether any port through which
the goods are imported or exported is a Turkish port or a port belonging to any
foreign country, or en whether the goods are imported or exported by sea, by
land or by air.
Turkey particularly undertakes not to
establish against the ports and vessels of any of the Allied Powers any surtax
or any direct or indirect bounty for export or import by Turkish ports or
vessels, or by those of another Power, for example, by means of combined
tariffs. She further undertakes that persons or goods passing through a port or
using a vessel of any of the Allied Powers shall not be subjected to any
formality or delay whatever to which such persons or goods would not be
subjected if they passed through a Turkish port or a port of any other Power,
or used a Turkish vessel or a vessel of any other Power.
ARTICLE 331.
All necessary administrative and technical
measures shall be taken to expedite, as much as possible, the transmission of
goods across the Turkish frontiers and to ensure their forwarding and transport
from such frontiers irrespective of whether such goods are coming from or going
to the territories of the Allied Powers or are in transit from or to those
territories, under the same material conditions in such matters as rapidity of
carriage and care ent route as are enjoyed by other goods of the sarme kind
carried on Turkish territory under similar conditions of transport .
In particular, the transport of perishable
goods shall be promptly and regularly carried out, and the customs formalities
shall be effected in such a way as to allow the goods to be carried straight
through by trains which make connection.
ARTICLE 332.
The seaports of the Allied Powers are entitled
to all favours and to all reduced tariffs granted on Turkish railways or
navigable waterways for the benefit of Turkish ports (without prejudice to the
rights of concessionaires) or of any port of another Power.
ARTICLE 333
Subject to the rights of concessionaires,
Turkey may not refuse to participate in the tariffs or combinations of tariffs
intended to secure for ports of any of the Allied Powers advantages similar to
those granted by Turkey to her own ports or the ports of any other Power.
SECTION II.
NAVIGATION.
CHAPTER 1.
FREEDOM OF NAVIGATION.
ARTICLE 334.
The nationals of any of the Allied Powers as
well as their vessels and property shall enjoy in all Turkish ports and on the
inland navigation routes of Turkey at least the same treatment in all respects
as Turkish nationals, vessels and property.
In particular, the vessels of any one of the
Allied Powers shall be entitled to transport goods of any description and
passengers to or from any ports or places in Turkish territory to which Turkish
vessels may have access, under conditions which shall not be more onerous than
those applied in the case of national vessels, they shall be treated on a
footing of equality with national vessels as regards port and harbour
facilities and charges of every description, including facilities for
stationing, loading and unloading, tonnage duties and charges, harbour,
pilotage, lighthouse, quarantine and all analogous duties and charges of
whatsoever nature levied in the name of or for the profit of the Government,
public functionaries, private individuals, corporations or establishments of
any kind.
In the event of Turkey granting a preferential
regime to any of the Allied Powers or to any other foreign Power, this regime
shall be extended immediately and unconditionally to all the Allied Powers.
There shall be no restrictions on the movement
of persons or vessels other than those arising from prescriptions concerning
customs, police, public health, emigration, and immigration and those relating
to the import and export of prohibited goods. Such regulations must be
reasonable and uniform and must not impede traffic unnecessarily.
CHAPTER II.
PORTS OF INTERNATIONAL CONCERN
ARTICLE 335.
The following Eastern ports are declared ports
of international concern and placed under the regime defined in the following
Articles of this section;
Constantinople, from St. Stefano to Dolma
Bagtchi;
Haidar Pasha;
Smyrna;
Alexandretta;
Haifa;
Basra;
Trebizond (in the conditions laid down in
Article 352);
Batum (subject to conditions to be
subsequently fixed).
Free zones shall be provided in these ports.
Subject to any provisions to the contrary in
the present Treaty, the regime laid down for the above ports shall not
prejudice the territorial sovereignty.
(1) Navigation.
ARTICLE 336
In the ports declared of international concern
the nationals goods and flags of all States Members of the League of Nations
shall enjoy complete freedom in the use of the port. In this connection and in
all respects they shall be treated on a footing of perfect equality,
particularly as regards all port and quay facilities and charges, including
facilities for berthing, loading and discharging, tonnage dues and charges,
quay, pilotage, lighthouse, quarantine and all similar dues and charges of
whatsoever nature, levied in the name of or for the profit of the Government,
public functionaries, private individuals, corporations or establishments of
every kind, no distinction being made between the nationals, goods and flags of
the different States and those of the State under whose sovereignty or
authority the port is placed.
There shall be no restrictions on the movement
of persons or vessels other than those arising from regulations concerning
customs, police, public health, emigration and immigration and those relating
to the import and export of prohibited goods. Such regulations must be
reasonable and uniform and must not impede traffic unnecessarily.
(2) Dues and Charges.
ARTICLE 337.
All dues and charges for the use of the port
or of its approaches, or for the use of facilities provided in the port, shall
be levied under the conditions of equality prescribed in Article 336, and shall
be reasonable both as regards their amount and their application, having regard
to the expenses incurred by the port authority in the administration, upkeep
and improvement of the port and of the approaches thereto, or in the interests
of navigation.
Subject to the provisions of Article 54, Part
III (Political Clauses) of the present Treaty all dues and charges other than
those provided for in the present Article or in Articles 338, 342, or 343 are
forbidden.
ARTICLE 338.
All customs, local octroi or consumption dues,
duly authorised, levied on goods imported or exported through a port subject to
the international regime shall be the same, whether the flag of the vessel
which effected or is to effect the transport be the flag of the State
exercising sovereignty or authority over the port or any other flag. In the
absence of special circumstances justifying an exception on account of economic
needs, such dues must be fixed on the same basis and at the same tariffs as
similar duties levied on the other customs frontiers of the State concerned.
All facilities which may be accorded by such State over other land or water
routes or at other ports for the import or export of goods shall be equally
granted to imports and exports through the port subject to the international
regime. (3) Works.
ARTICLE 339.
In the absence of any special arrangement
relative to the execution of works for maintaining and improving the port, it
shall be the duty of the State under whose sovereignty or authority the port is
placed to take suitable measures to remove any obstacle or danger to navigation
and to secure facilities for the movements of ships in the port.
ARTICLE 340.
The State under whose sovereignty or authority
the port is placed must not undertake any works liable to prejudice the
facilities for the use of the port or of its approaches.
(4) Free Zones
. ARTICLE 341.
The facilities granted in a free zone for the
erection or use of warehouses and for packing and unpacking goods shall be in
accordance with trade requirements for the time being. All goods allowed to be
consumed in the free zone shall be exempt from customs, excise and all other
duties of any description whatsoever apart from the statistical duty provided
for in Article 342. Unless otherwise provided in the present Treaty, it shall
be within the discretion of the State under whose sovereignty or authority the
port is placed to permit or to prohibit manufacture within the free zone. There
shall be no discrimination in regard to any of the provisions of this Article
either between persons belonging to different nationalities or between goods of
different origin or destination.
ARTICLE 342.
No duties or charges, other than those
provided for in Article 336, shall be levied on goods arriving in the free zone
or departing therefrom, from whatever foreign country they come or for whatever
foreign country they are destined, other than a statistical duty which shall
not exceed 1 per mille ad valorem. The proceeds of this statistical duty
shall be devoted exclusively to the maintenance of the service dealing with the
statistics relating to the traffic of the free zone.
ARTICLE 343.
Subject to the provisions of Article 344, the
duties referred to in Article 338 may be levied under the conditions laid down
in that Article on goods coming from or going to the free zone on their
importation into the territory of the State under whose sovereignty or
authority the port is placed or on their exportation from such territory
respectively.
ARTICLE 344.
Persons, goods, postal services, ships,
vessels, carriages, wagons and other means of transport coming from or going to
the free zone, and crossing the territory of the State under whose sovereignty
or authority the port is placed, shall be deemed to be in transit across that
State if they are going to or coming from the territory of any other State
whatsoever.
(5) Dispute
ARTICLE 345.
Subject to the provisions contained in Article
61, Part III (Political Clauses), differences which may arise between
interested States with regard to the interpretation or to the application of
the dispositions contained in Articles 335 to 344, as well as, in general, any
differences between interested States with regard to the use of the ports,
shall be settled in accordance vvith the conditions laid down by the League of
Nations.
Differences with regard to the execution of
works liable to prejudice the facilities for the use of the port or of its
approaches shall be dealt with by an accelerated procedure, and may be the
object of an expression of opinion, or of a provisional decision which may
prescribe the suspension or the immediate suppression of the said works,
without prejudice to the ultimate opinion or decision in the case.
CHAPTER III.
CLAUSES RELATING TO THE MARITSA AND THE DANUBE
ARTICLE 346.
On a request being made by one of the riparian
States to the Council of the League of Nations, the Maritsa shall be declared
an international river, and shall be subject to the regime of international
rivers laid down in Articles 332 to 338 of the Treaty of Peace concluded with
Germany on June 28, 1919.
ARTICLE 347
On a request being made to the Council of the
League of Nations by any riparian State, the Maritsa shall be placed under the
administration of an International Commission, which shall comprise one
representative of each riparian State and one representative of Great Britain,
one of France and one of Italy.
ARTICLE 348.
Without prejudice to the provisions of Article
133, Part III (Political Clauses), Turkey hereby recognises and accepts all the
dispositions relating to the Danube inserted in the Treaties of Peace concluded
with Germany, Austria, Hungary and Bulgaria and the regime for that river
resulting therefrom.
CHAPTER IV.
CLAUSES GIVING TO CERTAIN STATES THE USE OF
CERTAIN PORTS.
ARTICLE 349
In order to ensure to Turkey free access to
the Mediterranean and Agean Seas, freedom of transit is accorded to Turkey over
the territories and in the ports detached from Turkey.
Freedom of transit is the freedom defined in
Article 328, until such time as a General Convention on the subject shall have
been concluded, whereupon the dispositions of the new Convention shall be
substituted therefor.
Special conventions between the States or
Administrations concerned will lay down, as regards Turkey with the assent of
the Financial Commission, the conditions of the exercise of the right accorded
above, and will settle in particular the method of using the ports and the free
zones existing in them, the establishment of international (joint) services and
tariffs, including through tickets and way-bills, and the application of the
Convention of Berne of October 14, 1890, and its supplementary provisions,
until its replacement by a new Convention.
Freedom of transit will extend to postal,
telegraphic and telephonic services.
ARTICLE 350.
In the port of Smyrna Turkey will be accorded
a lease in perpetuity, subject to determination by the League of Nations, of an
area which shall be placed under the general regime of free zones laid down in
Articles 341 to 344, and shall be used for the direct transit of goods coming
from or going to that State.
The delimitation of the area referred to in
the preceding paragraph, its connection with existing railways, its equipment
and exploitation, and in general all the conditions of its utilisation,
including the amount of the rental, shall be decided by a Commission consisting
of one delegate of Turkey, one delegate of Greece, and one delegate appointed
by the League of Nations. These conditions shall be susceptible of revision
every ten years in the same manner.
ARTICLE 351.
Free access to the Black Sea by the port of
Batum is accorded to Georgia, Azerbaijan and Persia, as well as to Armenia.
This right of access will be exercised in the conditions laid down in Article
349.
ARTICLE 352.
Subject to the decision provided for in
Article 89, Part III (Political Clauses), free access to the Black Sea by the
port of Trebizond is accorded to Armenia. This right of access will be
exercised in the conditions laid down in Article 349.
In that event Armenia will be accorded a lease
in perpetuity, subject to determination by the League of Nations, of an area in
the said port which shall be placed under the general regime of free zones laid
down in Articles 34x to 344, and shall be used for the direct transit of goods
coming from or going to that State.
The delimitation of the area referred to in
the preceding paragraph, its connection with existing railways, its equipment
and exploitation, and in general all the conditions of its utilisation,
including the amount of the rental, shall be decided by a Commission consisting
of one delegate of Armenia, one delegate of Turkey, and one delegate appointed
by the League of Nations. These conditions shall be susceptible of revision
every ten years in the same manner.
SECTION III .
RAILWAYS.
CHAPTER 1.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT
ARTICLE 353.
Subject to the rights of concessionaire
companies, goods coming from the territories of the Allied Powers and going to
Turkey and vice versa, or in transit through Turkey from or to the territories
of the Allied Powers, shall enjoy on the Turkish railways as regards charges to
be collected (rebates and drawbacks being taken into account), facilities and
all other matters, the most favourable treatment applied to goods of the same
kind carried on any Turkish lines, either in internal trafffic or for export,
import or in transit, under similar conditions of transport, for example as
regards length of route.
International tariffs established in acordance
with the rates referred to in the preceding paragraph and involving through way
bills shall be established when one of the Allied Powers shall require it from
Turkey.
ARTICLE 354
From the coming into force of the present
Treaty Turkey agrees, under the reserves indicated in the second paragraph of
this Article, to subscribe to the conventions and arrangements signed at Berne
on October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898, and
September 19, 1906, regarding the transportation of goods by rail.
If within five years from the date of the
coming into force of the present Treaty a new convention for the transportation
of passengers, luggage and goods by rail shall have been concluded to replace
the Berne Convention of October 14, 1890, and the subsequent additions referred
to above, this new convention and the supplementary provisions for
international transport by rail which may be based on it shall bind Turkey,
even if she shall have refused to take part in the preparation of the
convention or to subscribe to it. Until a new convention shall have been
concluded, Turkey shall conform to the provisions of the Berne Convention and
the subsequent additions referred to above, and to the current supplementary
provisions.
ARTICLE 355.
Subject to the rights of concessionaire
companies, Turkey shall be bound to co-operate in the establishment of
through-ticket services (for passengers and their luggage) which shall be
required by any of the Allied Powers to ensure their communication by rail with
each other and with all other countries by transit across the territories of
Turkey; in particular Turkey shall, for this purpose, accept trains and
carriages coming from the territories of the Allied Powers and shall forward
them with a speed at least equal to that of her best long-distance trains on
the same lines. The rates applicable to such through services shall not in any
case be higher than the rates collected on Turkish internal services for the
same distance, under the same conditions of speed and comfort.
The tariffs applicable under the same
conditions of speed and comfort to the transportation of emigrants going to or
coming from ports of the Allied Powers and using the Turkish railways shall not
be at a higher kilometric rate than the most favourable tariffs (drawbacks and
rebates being taken into account) enjoyed on the said railways by emigrants
going to or coming from any other ports.
ARTICLE 356.
Turkey shall not apply specially to such
through services, or to the transportation of emigrants going to or coming from
the ports of the Allied Powers, any technical, fiscal or administrative
measures, such as measures of customs examination, general police, sanitary
police, and control, the result of which would be to impede or delay such
services.
ARTICLE 357
In case of transport partly by rail and partly
by internal navigation, with or without through way-bill, the preceding
Articles shall apply to the part of the journey performed by rail.
CHAPTER II.
ROLLING STOCK.
ARTICLE 358.
Turkey undertakes that Turkish wagons used for
international traffic shall be fitted with apparatus allowing: (1) Of their
inelusion in goods trains on the lines of such of the Allied Powers as are
parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907,
without hampering the action of the continuous brake which may be adopted in
such countries within ten years of the coming into force of the present Treaty
and
(2) Of the acceptance of wagons of such
countries in all goods trains on the Turkish lines.
The rolling-stock of the Allied Powers shall
enjoy on the Turkish lines the same treatment as Turkish rolling stock as
regards movement, upkeep and repair.
CHAPTER III.
TRANSFERS OF RAILWAY LINES.
ARTICLE 359.
Subject to any special provisions concerning
the transfer of ports and railways, whether owned by the Turkish Government or
private companies, situated in the territories detached from Turkey under the
present Treaty, and to the financial conditions relating to the concessionaires
and the pensioning of the personnel, the transfer of railways will take place
under the following conditions:
(1) The works and installations of all the
railroads shall be left complete and in as good condition as possible.
(2) When a railway system possessing its own
roiling stock is situated in its entirety in transferred territory, such stock
shall be left complete with the railway, in accordance with the last inventory
before October 30, 1918, and in a normal state of upkeep, Turkey being
responsible for any losses due to causes within her control.
(3) As regards lines, the administration of
which will in virtue of the present Treaty be divided, the distribution of the
rolling stock shall be made by agreement between the administrations taking
over the several parts thereof. This agreement shall have regard to the amount
of the material registered on those lines in the last inventory before October
30, 1918, the length of track (sidings included) and the nature and amount of
the trafffic. Failing agreement the points in dispute shall be settled by an
arbitrator designated by the League of Nations who shall also, if necessary,
specify the locomotives, carriages and wagons to be left on each section, the
conditions of their acceptance, and such provisional arrangements as he may
judge necessary to ensure for a limited period the current maintenance in
existing workshops of the transferred stock.
(4) Stocks of stores, fittings and plant shall
be left under the same conditions as the rolling stock.
ARTICLE 360.
The Turkish Government abandons whatever
rights it possesses over the Hedjaz railway, and accepts such arrangements as
shall be made for its working, and for the distribution of the property
belonging to or used in connection with the railway, by the Governments
concerned. In any such arrangements the special position of the railway from
the religious point of view shall be fully recognised and safeguarded.
CHAPTER IV.
WORKING AGREEMENTS.
ARTICLE 361.
When, as a result of the fixing of new
frontiers, a railway connection between two parts of the same country crosses
another country, or a branch line from one country has its terminus in another,
the conditions of working, if not specifically provided for in the present
Treaty, shall be laid down in a convention between the railway administrations
concerned. If the administrations cannot come to an agreement as to the terms
of such convention, the points of difference shall be decided by an arbitrator
appointed as provided in Article 359.
The establishment of all new frontier stations
between Turkey and the contiguous Allied States or new States, as well as the
working of the lines between those stations, shall be settled by agreements
similarly concluded.
ARTICLE 362
A standing conference of technical
representatives nominated by the Governments concerned shall be constituted
with powers to agree upon the necessary joint arrangements for through traffic
working, wagon exchange, through rates and tariffs and other similar matters
affecting railways situated on territory forming part of the Turkish Empire on
August 1, 1914.
SECTION IV.
MISCELLANEOUS.
CHAPTER I.
HYDRAULIC SYSTEM.
ARTICLE 363
In default of any provision to the contrary,
when as the result of the fixing of a new frontier the hydraulic system
(canalisation inundation, irrigation, drainage or similar matters) in a State
is dependent on works executed within the territory of another State, or when
use is made on the territory of a State, in virtue of pre-war usage, of water
or hydraulic power the source of which is on the territory of another State, an
agreement shall be made between the States concerned to safeguard the interests
and rights acquired by each of them.
Failing an agreement, the matter shall be
regulated by an arbitrator appointed by the Council of the League of Nations.
CHAPTER II.
TELEGRAPHS AND TELEPHONES.
ARTICLE 364
Turkey undertakes on the request of any of the
Allied Powers to grant facilities for the erection and maintenance of trunk
telegraph and telephone lines across her territories.
Such facilities shall comprise the grant to
any telegraph or telephone company nominated by any of the Allied Powers of the
right:
(a) To erect a new line of poles and wires
along any line of railway or other route in Turkish territory;
(b) To have access at all times to such poles
and wires or wires placed by agreement on existing poles, and to take such
steps as may be necessary to ma nta n them in good working order;
(c) To utilise the services of their own staff
for the purpose of working such wires.
All questions relating to the establishment of
such lines, especially as regards compensation to private individuals, shall be
settled in the same conditions as are applied to telegraph or telephone lines
established by the Turkish Government itself.
ARTICLE 365.
Notwithstanding any contrary stipulations in
existing treaties, Turkey undertakes to grant freedom of transit for
telegraphic eorrespondence and telephonic communications coming from or going
to any one of the Allied Powers, whether contiguous with her or not, over such
lines as may be most suitable for international transit and in accordance with
the tariffs in force. This correspondence and these communications shall be
subjected to no unnecessary delay or restriction; they shall enjoy in Turkey
national treatment in regard to every kind of facility, and especially in
regard to rapidity of transmission. No payment, facility or restriction shall
depend directly or indirectly on the nationality of the transmitter or the
addressee.
Where, in consequence of the provisions of the
present Treaty, lines previously entirely on Turkish territory traverse the
territory of more than one State, pending the revision of telegraph rates by a
new international telegraphic convention, the through charges shall not be
higher than they would have been if the whole of the territory traversed had
remained under Turkish sovereignty, and the apportionment of the through
charges between the States traversed shall be dealt with by agreement between
the administrations concerned.
CHAPTER III.
SUBMARINE CABLES.
ARTICLE 366.
Turkey agrees to transfer the landing rights
at Constantinople for the Constantinople-Constanza cable to any administration
or company which may be designated by the Allied Powers.
ARTICLE 367.
Turkey renounces on her own behalf and on
behalf of her nationals in favour of the Principal Allied Powers all rights,
titles or privileges of whatever nature over the whole or part of the
Jeddah-Suakin and Cyprus-Latakia submarine cables.
If the cables or portions thereof transferred
under the preceding paragraph are privately owned, the value, calculated on the
basis of the original cost less a suitable allowance for depreciation, shall be
credited to Turkey.
CHAPTER IV.
EXECUTORY PROVISIONS.
ARTICLE 368.
Turkey shall carry out the instructions given
her, in regard to transport, by an authorised body acting on behalf of the
Allied Powers:
(I) For the carriage of troops under the
provisions of the present Treaty, and of material, ammunition and supplies for
army use;
(2) As a temporary measure, for the
transportation of supplies for certain regions, as well as for the restoration,
as rapidly as possible, of the normal conditions of transport, and for the
organisation of postal and telegraphic services.
SECTION V.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 369.
Unless otherwise specifically provided for in
the present Treaty, disputes which may arise between interested Powers with
regard to the interpretation and application of this Part of the present Treaty
shall be settled as provided by the League of Nations.
ARTICLE 370.
At any time the League of Nations may
recommend the revision of such of these Articles as relate to a permanent
administrative regime.
ARTICLE 371.
The stipulations of Articles 328 to 334, 353
and 355 to 357 shall be subject to revision by the Council of the League of
Nations at any time after three years from the coming into force of the present
Treaty.
Subject to the provisions of Article 373 no
Allied Power can claim the benefit of any of the stipulations of the Articles
enumerated above on behalf of any portion of its territories in which
reciprocity is not accorded in respect of such stipulations.
SECTION VI.
SPECIAL PROVISIONS.
ARTICLE 372.
Without prejudice to the special obligations
imposed on her by the present Treaty for the benefit of the Allied Powers,
Turkey undertakes to adhere to any General Conventions regarding the
international regime of transit, waterways, ports or railways which may be
concluded, with the approval of the League of Nations, within five years of the
coming into force of the present Treaty.
ARTICLE 373.
Unless otherwise expressly provided in the
present Treaty, nothing in this Part shall prejudice more extensive rights
conferred on the nationals of the Allied Powers by the Capitulations or by any
arrangements which may be substituted therefor.
PART XII.
LABOUR.
See Part XIII, Treaty of Versailles, Pages
238-253.
PART XIII.
MISCELLANEOUS PROVISIONS.
ARTICLE 415.
Turkey undertakes to recognise and to accept
the conventions made or to be made by the Allied Powers or any of them with any
other Power as to the traffic in arms and in spirituous liquors, and also as to
the other subjects dealt with in the General Acts of Berlin of February 26,
1885, and of Brussels of July 2, 1890, and the conventions completing or
modifying the same.
ARTICLE 416.
The High Contracting Parties declare and place
on record that they have taken note of the Treaty signed by the Government of
the French Republic on July 17, 1918, with His Serene Highness the Prince of
Monaco,defining the relations between France and the Principality.
ARTICLE 417.
Without prejudice to the provisions of the
present Treaty, Turkey undertakes not to put forward directly or indirectly
against any Allied Power any pecuniary claim based on events which occurred at
any time before the coming into force of the present Treaty.
The present stipulation will bar completely
and finally all claims of this nature, which will be thenceforward
extinguished, whoever may be the parties in interest.
ARTICLE 418.
Turkey accepts and recognises as valid and
binding all decrees and orders concerning Turkish ships and goods and all
orders relating to the payment of costs made by any Prize Court of any of the
Allied Powers, and undertakes not to put forward any claim arising out of such
decrees or orders on behalf of any Turkish national.
The Allied Powers reserve the right to examine
in such manner as they may determine all decisions and orders of Turkish Prize
Courts, whether affecting the property rights of nationals of those Powers or
of neutral Powers. Turkey agrees to furnish copies of all the documents
constituing the record of the cases, including the decisions and orders made,
and to accept and give effect to the recommendations made after such
examination of the cases.
ARTICLE 419.
With a view to minimising the losses arising
from the sinking of ships and cargoes in the course of the war, and to
facilitating the recovery of ships and cargoes which can be salved and the
adjustment of the private claims arising with regard thereto, the Turkish
Government undertakes to supply all the information in its power which may be
of assistance to the Governments of the Allied Powers or to their nationals
with regard to vessels sunk or damaged by the Turkish naval forces during the
period of hostilities.
ARTICLE 420.
Within six months from the coming into force
of the present Treaty the Turkish Government must restore to the Governments of
the Allied Powers the trophies, archives, historical souvenirs or works of art
taken from the said Powers or their nationals, including companies and
associations of every description controlled by such nationals, since October
29, 1914.
The delivery of the articles will be effected
in such places and conditions as may be laid down by the Governments to which
they are to be restored.
ARTICLE 421. The Turkish Government will,
within twelve months from the coming into force of the present Treaty, abrogate
the existing law of antiquities and take the necessary steps to enact a new law
of antiquities which will be based on the rules contained in the Annex hereto,
and must be submitted to the Financial Commission for approval before being
submitted to the Turkish Parliament. The Turkish Government undertakes to
ensure the execution of this law on a basis of perfect equality between all
nations.
ANNEX.
1.
"Antiquity" means any construction or any product of human activity earlier
than the year 1700.
2.
The law for the protection of antiquities shall proceed by encouragement rather
than by threat.
Any person who, having discovered an antiquity
without being furnished with the authorisation referred to in paragraph 5,
reports the same to an official of the competent Turkish Department, shall be
rewarded according to the value of the discovery.
3.
No antiquity may be disposed of except to the competent Turkish Department,
unless this Department renounces the acquisition of any such antiquity.
No antiquity may leave the country without an
export licence from the said Department.
4.
Any person who maliciously or negligently destroys or damages an antiquity
shall be liable to a penalty to be fixed.
5.
No clearing of ground or digging with the object of finding antiquities shall
be permitted, under penalty of fine, except to persons authorised by the
competent Turkish Department.
6.
Equitable terms shall be fixed for expropriation, temporary or permanent, of
lands which might be of historical or archæological interest.
7
Authorisation to excavate shall only be granted to persons who show sufficient
guarantees of archæological experience. The Turkish Government shall not, in
granting these authorisations, act in such a way as to eliminate scholars of
any nation without good grounds.
8.
The proceeds of excavations may be divided between the excavator and the
competent Turkish Department in a proportion fixed by that Department. If
division seems impossible for scientific reasons, the excavator shall receive a
fair indemnity in lieu of a part of the find.
ARTICLE 422
All objects of religious, archæological,
historical or artistic interest which have been removed since August 1, 1914,
from any of the territories detached from Turkey will within twelve months from
the coming into force of the present Treaty be restored by the Turkish
Government to the Government of the territory from which such objects were
removed.
If any such objects have passed into private
ownership, the Turkish Government will take the necessary steps by
expropriation or otherwise to enable it to fulfil its obligations under this
Article.
Lists of the objects to be restored under this
Article will be furnished to the Turkish Government by the Governments
concerned within six months from the coming into force of the present Treaty.
ARTICLE 423.
The Turkish Government undertakes to preserve
the books, documents and manuscripts from the Library of the Russian
Archæological Institute at Constantinople which are now in its possession, and
to deliver them to such authority as the Allied Powers, in order to safeguard
the rights of Russia, reserve the right to designate. Pending such delivery the
Turkish Government must allow all persons duly authorised by any of the Allied
Powers to have free access to the said books, documents and manuscripts.
ARTICLE 424.
On the coming into force of the present
Treaty, Turkey will hand over without delay to the Governments concerned
archives, registers, plans, title-deeds and documents of every kind belonging
to the civil, military, financial, judicial or other forms of administration in
the transferred territories. If any one of these documents, archives,
registers, title-deeds or plans is missing, it shall be restored by Turkey upon
the demand of the Government concerned.
In case the archives, registers, plans,
title-deeds or documents referred to in the preceding paragraph, exclusive of
those of a military character, concern equally the administrations in Turkey,
and cannot therefore be handed over without inconvenience to such
administrations, Turkey undertakes, subject to reciprocity, to give access
thereto to the Govermllents concerned.
The Turkish Government undertakes in
particular to restore to the Greek Government the local land registers or any
other public registers relating to landed property in the districts of the
former Turkish Empire transferred to Greece since 1912, which the Turkish
authorities removed or may have removed at the time of the evacuation.
In cases where the restitution of one or more
of such registers is impossible owing to their disappearance or for any other
reason, and whenever necessary for purposes of verification of titles produced
to the Greek authorities, the Greek Government shall be entitled to take any
necessary copies of the entries in the Central Land Registry at Constantinople.
ARTICLE 425.
Tlle Turkish Government undertakes, subject to
reciprocity, to afford to the Governments exercising authority over territory
detached from Turkey, or of which the existing status is recognised by Turkey
under the present Treaty, access to any archives and documents of every
description relating to the administration of Wakfs in such territory, or to
particular Wakfs, wherever situated, in which persons or institutions
established in such territory are interested.
ARTICLE 426.
All judicial decisions given in Turkey by a
judge or court of an Allied Power between October 30, 1918, and the coming into
force of the new judicial system referred to in Article 136, Part III
(Political Clauses) shall be recognised by the Turkish Government, which
undertakes if necessary to ensure the execution of such decisions.
ARTICLE 427.
Subject to the provisions of Article 46, Part
III (Political Clauses) Turkey hereby agrees so far as concerns her territory
as delimited in Article 27 to accept and to co-operate in the execution of any
decisions taken by the Allied Powers, in agreement where necessary with other
Powers, in relation to any matters previously dealt with by the Constantinople
Superior Council of Health and the Turkish Sanitary Administration which was
directed by the said Council.
ARTICLE 428.
As regards the territories detached from
Turkey under the present Treaty, and in any territories which cease in
accordance with the present Treaty to be under the suzerainty of Turkey, Turkey
hereby agrees to accept any decisions in conformity with the principles
enunciated below taken by the Allied Powers, in agreement where necessary with
other Powers, in relation to any matters previously dealt with by the
Constantinople Superior Council of Health or the Turkish Sanitary
Administration which was directed by the said Council, or by the Alexandria
Sanitary, Maritime and Quarantine Board.
The principles referred to in the preceding
paragraph are as follows:
(a) Each Allied Power will be responsible for
maintaining and conducting in accordance with the provisions of international
sanitary conventions its own quarantine establishments in any territory
detached from Turkey which is placed under its control, whether the Allied
Power be in sovereign possession, or act as mandatory or protector, or be
responsible for the administration, of the territory in question;
(b) Such measures for the sanitary control of
the Hedjaz pilgrimage as have hitherto been carried out by, or under the
direction of, the Constantinople Superior Council of Health or the Turkish
Sanitary Administration, or by the Alexandria Sanitary, Maritime and Quarantine
Board, will henceforth be undertaken by the Allied Powers under whose
sovereignty, mandate, protection or responsibility will pass those territories
in which the various quarantine stations and sanitary establishments necessary
for the execution of such measures are situated. The measures will be in
conformity with the provisions of international sanitary conventions, and in
order to secure complete uniformity in their execution each Allied Power
concerned in the sanitary control of the pilgrimage will be represented on a
co-ordinating Pilgrimage Quarantine Committee placed under the supervision of
the Council of the League of Nations.
ARTICLE 429.
The High Contracting Parties agree that, in
the absence of a subsequent agreement to the contrary, the Chairman of any
Commission established by the present Treaty shall in the event of an equality
of votes be entitled to a second vote.
ARTICLE 430.
Except where otherwise provided in the present
Treaty, in all cases where the Treaty provides for the settlement of a question
affecting particularly certain States by means of a special Convention to be
concluded between the States concerned, it is understood by the High
Contracting Parties that difficulties arising in this connection shall, until
Turkey is admitted to membership of the League of Nations, be settled by the
Principal Allied Powers.
ARTICLE 431.
Subject to any special provisions of the
present Treaty, at the expiration of a period of six months from its coming
into force, the Turkish laws must have been modified and shall be maintained by
the Turkish Government in conformity with the present Treaty.
Within the same period, all the administrative
and other measures relating to the execution of the present Treaty must have
been taken by the Turkish Government.
ARTICLE 432.
Turkey will remain bound to give every
facility for any investigation which the Council of the League of Nations,
acting if need be by a majority vote, may consider necessary, in any matters
relating directly or indirectly to the application of the present Treaty.
ARTICLE 433.
The High Contracting Parties agree that Russia
shall be entitled, on becoming a Member of the League of Nations, to accede to
the present Treaty under such conditions as may be agreed upon between the
Principal Allied Powers and Russia, and without prejudice to any rights
expressly conferred upon her under the present Treaty.
The present Treaty, in French, in English, and
in Italian, shall be ratified. In case of divergence the French text shall
prevail, except in Parts I (Covenant of the League of Nations) and XII
(Labour), where the French and English texts shall be of equal force. The
deposit of ratifications shall be made at Paris as soon as possible.
Powers of which the seat of the Government is
outside Europe will be entitled merely to inform the Government of the French
Republic through their diplomatic representative at Paris that their
ratification has been given; in that case they must transmit the instrument of
ratification as soon as possible.
A first procès-verbal of the deposit of
ratifications will be drawn up as soon as the Treaty has been ratified by
Turkey on the one hand, and by three of the Principal Allied Powers on the
other hand.
From the date of this first procès-verbal the
Treaty will come into force between the High Contracting Parties who have
ratified it.
For the determination of all periods of time
provided for in the present Treaty this date will be the date of the coming
into force of the Treaty.
In all other respects the Treaty will enter
into force for each Power at the date of the deposit of its ratification.
The French Government will transmit to all the
signatory Powers a certified copy of the procès-verbaux of the deposit of
ratifications.
IN FAITH WHEREOF the above-named
Plenipotentiaries have signed the present Treaty.
Done at Sevrès, the tenth day of August one
thousand nine hundred and twenty, in a single copy which will remain deposited
in the archives of the French Republic, and of which authenticated copies will
be transmitted to each of the Signatory Powers.
(L. S.) GEORGE GRAHAME.
(L. S.) GEORGE H. PERLEY.
(L. S.) ANDREW FISHER.
(L. S.) GEORGE GRAHAME.
(L. S.) R. A. BLANKENBERG.
(L. S.) ARTHUR HIRTZEL.
(L. S.) A. MILLERAND.
(L. S.) F. FRANÇOIS-MARSAL.
(L. S.) JULES CAMBON. (L. S.) PALÉOLOGUE.
(L. S.) BONIN.
(L. S.) MARIETTI.
(L. S.) K:. MATSUI.
(L. S.) A. AHARONIAN.
(L. S.) J. VAN DEN HEUVEL.
(L. S.) ROLIN JAEQUEMYNS,
(L. S.) E. K. VENIZELOS.
(L. S.) A. ROMANOS.
(L. S.) MAURICE ZAMOYSKI.
(L. S.) ERASME PILTZ
(L. S.) AFFONSO COSTA.
(L. S.) D. J. GUIKA.
(L. S.) STEFAN OSUSKY.
(L. S.) HADI.
(I.. S.) DR. RIZA TEWFIK.
(L. S.) RÉCHAD HALISS.
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