Treaty of Lausanne
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| + | <p align="right"> [[Main_Page | WWI Document Archive]] > [[Conventions and Treaties ]] > '''Treaty of Lausanne''' | ||
| + | </p><hr> | ||
| − | < | + | |
| − | + | <font size=+1>Treaty of Peace with Turkey Signed at Lausanne, July 24, 1923<br> | |
| + | From: <i>The Treaties of Peace 1919-1923, Vol. II</i> (New York: Carnegie Endowment for International Peace, 1924.)</font> | ||
<hr> | <hr> | ||
| − | Go to [http:// | + | Go to [http://en.wikipedia.org/wiki/Image:Turkey-Greece-Bulgaria_on_Treaty_of_Lausanne.png Map of the Treaty Area.]<br> |
| − | Go to [ | + | Go to [[Map of the Mandate Areas of Arabia]] |
| + | |||
| + | (Compiled by Lt.-Col. Lawrence Martin, Geographer of the Institute of Politics) | ||
| − | + | With links to a related [http://untreaty.un.org/unts/60001_120000/14/39/00027946.pdf Agreement respecting the Reciprocal Restitution of Interned Civilians and the Exchange of Prisoners of War,<br> signed at Lausanne, January 30, 1923]. <br>(English translation of ''Accord relatif à la restitution réciproque des internés civils et àl'échange des prisonniers de guerre, signé à Lausanne, le 3o janvier 1923''). | |
<hr> | <hr> | ||
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| − | + | <center>TREATY OF PEACE WITH TURKEY SIGNED AT LAUSANNE | |
| − | + | JULY 24, 1923 | |
| − | + | THE CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER INSTRUMENTS SIGNED AT LAUSANNE</center> | |
| − | GREECE, ROUMANIA and the SERB-CROAT-SLOVENE | + | |
| − | STATE, | + | |
| + | THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the SERB-CROAT-SLOVENE STATE, | ||
| + | |||
| + | of the one part, | ||
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and TURKEY, | and TURKEY, | ||
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| − | + | of the other part; Being united in the desire to bring to a final | |
| − | + | close the state of war which has existed in the East since 1914, | |
| − | + | ||
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| − | + | Being anxious to re-establish the relations of friendship and commerce | |
| − | appointed as their Plenipotentiaries:< | + | which are essential to the mutual well-being of their respective |
| + | peoples, | ||
| + | |||
| + | |||
| + | And considering that these relations must be based on respect for the | ||
| + | independence and sovereignty of States, | ||
| + | |||
| + | |||
| + | Have decided to conclude a Treaty for this purpose, and have appointed | ||
| + | as their Plenipotentiaries: | ||
| + | |||
| + | |||
| + | HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND | ||
| + | IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF | ||
| + | INDIA:<br> | ||
| + | The Right Honourable Sir Horace George Montagu Rumbold, Baronet, | ||
| + | G.C.M.G., High Commissioner at Constantinople; | ||
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THE PRESIDENT OF THE FRENCH REPUBLIC:<br> | THE PRESIDENT OF THE FRENCH REPUBLIC:<br> | ||
| + | General Maurice Pelle, Ambassador of France, High Com missioner of the | ||
| + | Republic in the East, Grand Officer of the National Order of the | ||
| + | Legion of Honour; | ||
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HIS MAJESTY THE KING OF ITALY:<br> | HIS MAJESTY THE KING OF ITALY:<br> | ||
| + | The Honourable Marquis Camillo Garroni, Senator of the Kingdom, | ||
| + | Ambassador of Italy, High Commissioner at Constantinople, Grand Cross | ||
| + | of the Orders of Saints Maurice and Lazarus, and of the Crown of Italy; | ||
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| + | |||
| + | M. Giulio Cesare Montagna, Envoy Extraordinary and Minister | ||
| + | Plenipotentiary at Athens, Commander of the Orders of Saints Maurice | ||
| + | and Lazarus, Grand Officer of the Crown of Italy; | ||
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HIS MAJESTY THE EMPEROR OF JAPAN:<br> | HIS MAJESTY THE EMPEROR OF JAPAN:<br> | ||
| + | Mr. Kentaro Otchiai, Jusammi, First Class of the Order of the Rising | ||
| + | Sun, Ambassador Extraordinary and Plenipotentiary at Rome; | ||
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HIS MAJESTY THE KING OF THE HELLENES:<br> | HIS MAJESTY THE KING OF THE HELLENES:<br> | ||
| + | M. Eleftherios K. Veniselos, formerly President of the Council of | ||
| + | Ministers, Grand Cross of the Order of the Saviour; | ||
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| + | |||
| + | M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander | ||
| + | of the Order of the Saviour; | ||
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HIS MAJESTY THE KING OF ROUMANIA:<br> | HIS MAJESTY THE KING OF ROUMANIA:<br> | ||
| + | M. Constantine I. Diamandy, Minister Plenipotentiary; | ||
| + | |||
| + | |||
| + | M. Constantine Contzesco, Minister Plenipotentiary; | ||
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| + | HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:<br> | ||
| + | Dr. Miloutine Yovanovitch, Envoy Extraordinary and Minister | ||
| + | Plenipotentiary at Berne; | ||
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THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:<br> | THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:<br> | ||
| + | Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople; | ||
| + | Dr. Riza Nour Bey, Minister for Health and for Public Assistance, | ||
| + | Deputy for Sinope;Hassan Bey, formerly Minister, Deputy for Trebizond; | ||
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| + | Who, having produced their full powers, found in good and due orm, | ||
| + | have agreed as follows: | ||
| + | |||
| + | |||
| + | PART I.<br> | ||
| + | POLITICAL CLAUSES.<br> | ||
| + | ARTICLE I.<br> | ||
| + | |||
| + | From the coming into force of the present Treaty, the state of peace | ||
| + | will be definitely re-established between the British Empire, France, | ||
| + | Italy, Japan, Greece, Roumania and the Serb-Croat-Slovene State of the | ||
| + | one part, and Turkey of the other part, as well as between their | ||
| + | respective nationals. Official relations will be resumed on both sides | ||
| + | and, in the respective territories, diplomatic and consular | ||
| + | representatives will receive, without prejudice to such agreements as | ||
| + | may be concluded in the future, treatment in accordance with the | ||
| + | general principles of international law. | ||
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| + | |||
| + | SECTION I.<br> | ||
| + | I. TERRITORIAL CLAUSES.<br> | ||
| + | ARTICLE 2.<br> | ||
| + | |||
| + | From the Black Sea to the Aegean the frontier of Turkey is laid | ||
| + | down as follows: (I) With Bulgaria: | ||
| + | |||
| + | From the mouth of the River Rezvaya, to the River Maritza, the point | ||
| + | of junction of the three frontiers of Turkey, Bulgaria and Greece: | ||
| + | |||
| + | the southern frontier of Bulgaria as at present demarcated; | ||
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| + | (2) With Greece: | ||
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| + | Thence to the confluence of the Arda and the Marilza: | ||
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| + | the course of the Maritza; | ||
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| + | then upstream along the Arda, up to a point on that river to be | ||
| + | determined on the spot in the immediate neighbourhood of the village | ||
| + | of Tchorek-Keuy: | ||
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| + | the course of the Arda; | ||
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| + | thence in a south-easterly direction up to a point on the Maritza, 1 | ||
| + | kilom. below Bosna-Keuy: | ||
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| + | a roughly straight line leaving in Turkish territory the village of | ||
| + | Bosna-Keuy. The village of Tchorek-Keuy shall be assigned to Greece or | ||
| + | to Turkey according as the majority of the population shall be found | ||
| + | to be Greek or Turkish by the Commission for which provision is made | ||
| + | in Article 5, the population which has migrated into this village | ||
| + | after the 11th October, 1922, not being taken into account; | ||
| + | |||
| + | thence to the Aegean Sea: | ||
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| + | the course of the Maritza. | ||
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| + | |||
| + | ARTICLE 3. | ||
| + | |||
| + | From the Mediterranean to the frontier of Persia, the frontier of | ||
| + | Turkey is laid down as follows: | ||
| + | |||
| + | (I ) With Syria: | ||
| + | |||
| + | The frontier described in Article 8 of the Franco-Turkish Agreement of | ||
| + | the 20th October, 1921 | ||
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| + | (2) With Iraq: | ||
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| + | The frontier between Turkey and Iraq shall be laid down in friendly | ||
| + | arrangement to be concluded between Turkey and Great Britain within | ||
| + | nine months. | ||
| + | |||
| + | In the event of no agreement being reached between the two Governments | ||
| + | within the time mentioned, the dispute shall be referred to the | ||
| + | Council of the League of Nations. | ||
| + | |||
| + | The Turkish and British Governments reciprocally undertake that, | ||
| + | pending the decision to be reached on the subject of the frontier, no | ||
| + | military or other movement shall take place which might modify in any | ||
| + | way the present state of the territories of which the final fate will | ||
| + | depend upon that decision. | ||
| + | |||
| + | |||
| + | ARTICLE 4. | ||
| + | |||
| + | The frontiers described by the present Treaty are traced on the | ||
| + | one-in-a-million maps attached to the present Treaty. In case of | ||
| + | divergence between the text and the map, the text will prevail. [See | ||
| + | Introduction.] | ||
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| + | |||
| + | ARTICLE 5. | ||
| + | |||
| + | A Boundary Commission will be appointed to trace on the ground the | ||
| + | frontier defined in Article 2 (2). This Commission will be composed of | ||
| + | representatives of Greece and of Turkey, each Power appointing one | ||
| + | representative, and a president chosen by them from the nationals of a | ||
| + | third Power. | ||
| + | |||
| + | They shall endeavour in all cases to follow as nearly as possible the | ||
| + | descriptions given in the present Treaty, taking into account as far | ||
| + | as possible administrative boundaries and local economic interests. | ||
| + | |||
| + | The decision of the Commission will be taken by a majority and shall | ||
| + | be binding on the parties concerned. | ||
| − | + | The expenses of the Commission shall be borne in equal shares by the | |
| − | + | parties concerned. | |
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| − | + | ARTICLE 6. | |
| − | + | In so far as concerns frontiers defined by a waterway as distinct from | |
| − | + | its banks, the phrases "course" or "channel" used in the descriptions | |
| − | + | of the present Treaty signify, as regards non-navigable rivers, the | |
| − | + | median line of the waterway or of its principal branch, and, as | |
| − | + | regards navigable rivers, the median line of the principal channel of | |
| − | + | navigation. It will rest with the Boundary Commission to specify | |
| − | + | whether the frontier line shall follow any changes of the course or | |
| − | + | channel which may take place, or whether it shall be definitely fixed | |
| − | + | by the position of the course or channel at the time when the present | |
| − | + | Treaty comes into force. | |
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| − | + | In the absence of provisions to the contrary, in the present Treaty, | |
| − | + | islands and islets Iying within three miles of the coast are included | |
| − | + | within the frontier of the coastal State. | |
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| − | + | ARTICLE 7. | |
| − | + | ||
| − | + | The various States concerned undertake to furnish to the Boundary | |
| + | Commission all documents necessary for its task, especially authentic | ||
| + | copies of agreements fixing existing or old frontiers, all large scale | ||
| + | maps in existence, geodetic data, surveys completed but unpublished, | ||
| + | and information concerning the changes of frontier watercourses. The | ||
| + | maps, geodetic data, and surveys, even if unpublished, which are in | ||
| + | the possession of the Turkish authorities, must be delivered at | ||
| + | Constantinople with the least possible delay from the coming into | ||
| + | force of the present Treaty to the President of the Commission. | ||
| − | + | The States concerned also undertake to instruct the local authorities | |
| − | + | to communicate to the Commission all documents, especially plans, | |
| − | + | cadastral and land books, and to furnish on demand all details | |
| + | regarding property, existing economic conditions and other necessary | ||
| + | information. | ||
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| − | + | ARTICLE 8. | |
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| − | + | The various States interested undertake to give every assistance to | |
| − | + | the Boundary Commission, whether directly or through local | |
| − | + | authorities, in everything that concerns transport, accommodation, | |
| − | + | labour, materials (sign posts, boundary pillars) necessary for the | |
| − | + | accomplishment of its mission. | |
| − | + | ||
| − | + | In particular, the Turkish Government undertakes to furnish, if | |
| − | + | required, the technical personnel necessary to assist the Boundary | |
| − | + | Commission in the accomplishment of its duties. | |
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| − | + | ARTICLE 9. | |
| − | + | ||
| − | + | The various States interested undertake to safeguard the | |
| − | + | ||
| − | + | ||
trigonometrical points, signals, posts or frontier marks erected by | trigonometrical points, signals, posts or frontier marks erected by | ||
| − | the Commission. | + | the Commission. |
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| − | + | ARTICLE 10. | |
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| − | + | The pillars will be placed so as to be intervisible. They will be | |
| − | + | numbered, and their position and their number will be noted on a | |
| − | + | cartographic document. | |
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| − | + | ARTICLE 11. | |
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| − | + | The protocols defining the boundary and the maps and documents | |
| − | + | attached thereto will be made out in triplicate, of which two copies | |
| − | + | will be forwarded to the Governments of the limitrophe States, and the | |
| + | third to the Government of the French Republic, which will deliver | ||
| + | authentic copies to the Powers who sign the present Treaty. | ||
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| − | + | ARTICLE 12. | |
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| − | + | The decision taken on the 13th February, 1914, by the Conference of | |
| − | + | London, in virtue of Articles 5 of the Treaty of London of the | |
| − | + | 17th-30th May, 1913, and 15 of the Treaty of Athens of the 1st-14th | |
| − | + | November, 1913, which decision was communicated to the Greek | |
| − | + | Government on the 13th February, 1914, regarding the sovereignty of | |
| − | + | Greece over the islands of the Eastern Mediterranean, other than the | |
| + | islands of Imbros, Tenedos and Rabbit Islands, particularly the | ||
| + | islands of Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is | ||
| + | confirmed, subject to the provisions of the present Treaty respecting | ||
| + | the islands placed under the sovereigntyof Italy which form the | ||
| + | subject of Article 15. | ||
| − | + | Except where a provision to the contrary is contained in the present | |
| − | + | Treaty, the islands situated at less than three miles from the Asiatic | |
| − | + | coast remain under Turkish sovereignty. | |
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| − | + | ARTICLE 13. | |
| − | + | ||
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| − | + | ||
| − | + | ||
| − | + | With a view to ensuring the maintenance of peace, the Greek Government | |
| − | to | + | undertakes to observe the following restrictions in the islands of |
| − | + | Mytilene, Chios, Samos and Nikaria: | |
| − | + | (I) No naval base and no fortification will be established in the said | |
| − | + | islands. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | (2) Greek military aircraft will be forbidden to fly over the | |
| − | + | territory of the Anatolian coast. Reciprocally, the Turkish Government | |
| − | + | will forbid their military aircraft to fly over the said islands. | |
| − | + | ||
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| − | + | (3) The Greek military forces in the said islands will be limited to | |
| − | + | the normal contingent called up for military service, which can be | |
| − | + | trained on the spot, as well as to a force of gendarmerie and police | |
| − | for the | + | in proportion to the force of gendarmerie and police existing in the |
| − | + | whole of the Greek territory. | |
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| − | + | ARTICLE 14. | |
| − | + | ||
| − | + | The islands of Imbros and Tenedos, remaining under Turkish | |
| + | sovereignty, shall enjoy a special administrative organisation | ||
| + | composed of local elements and furnishing every guarantee for the | ||
| + | native non-Moslem population in so far as concerns local | ||
| + | administration and the protection of persons and property. The | ||
| + | maintenance of order will be assured therein by a police force | ||
| + | recruited from amongst the local population by the local | ||
| + | administration above provided for and placed under its orders. | ||
| + | |||
| + | The agreements which have been, or may be, concluded between Greece | ||
| + | and Turkey relating to the exchange of the Greek and Turkish | ||
| + | populations will not be applied to the inhabitants of the islands of | ||
| + | Imbros and Tenedos. | ||
| + | |||
| + | |||
| + | ARTICLE 15. | ||
| + | |||
| + | Turkey renounces in favour of Italy all rights and title over the | ||
| + | following islands: Stampalia (Astrapalia), Rhodes (Rhodos), Calki | ||
| + | (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos), Misiros | ||
| + | (Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi | ||
| + | (Symi), and Cos (Kos), which are now occupied by Italy, and the islets | ||
| + | dependent thereon, and also over the island of Castellorizzo. | ||
| + | |||
| + | |||
| + | ARTICLE I6. | ||
| + | |||
| + | Turkey hereby renounces all rights and title whatsoever over or | ||
| + | respecting the territories situated outside the frontiers laid down in | ||
| + | the present Treaty and the islands other than those over which her | ||
| + | sovereignty is recognised by the said Treaty, the future of these | ||
| + | territories and islands being settled or to be settled by the parties | ||
| + | concerned. | ||
| + | |||
| + | The provisions of the present Article do not prejudice any special | ||
| + | arrangements arising from neighbourly relations which have been or may | ||
| + | be concluded between Turkey and any limitrophe countries. | ||
| + | |||
| + | |||
| + | ARTICLE 17. | ||
| + | |||
| + | The renunciation by Turkey of all rights and titles over Egypt and | ||
| + | over the Soudan will take effect as from the 5th November, 1914. | ||
| + | |||
| + | |||
| + | ARTICLE 18. | ||
| + | |||
| + | Turkey is released from all undertakings and obligations in regard to | ||
| + | the Ottoman loans guaranteed on the Egyptian tribute, that is to say, | ||
| + | the loans of 1855, 1891 and 1894. The annual payments made by Egypt | ||
| + | for the service of these loans now forming part of the service of the | ||
| + | Egyptian Public Debt, Egypt is freed from all other obligations | ||
| + | relating to the Ottoman Public Debt. | ||
| + | |||
| + | |||
| + | ARTICLE 19. | ||
| + | |||
| + | Any questions arising from the recognition of the State of Egypt shall | ||
| + | be settled by agreements to be negotiated subsequently in a manner to | ||
| + | be determined later between the Powers concerned. The provisions of | ||
| + | the present Treaty relating to territories detached from Turkey under | ||
| + | the said Treaty will not apply to Egypt. | ||
| + | |||
| + | |||
| + | ARTICLE 20. | ||
| + | |||
| + | Turkey hereby recognises the annexation of Cyprus proclaimed by the | ||
| + | British Government on the sth November, 1914. | ||
| + | |||
| + | |||
| + | ARTICLE 2I . | ||
| + | |||
| + | Turkish nationals ordinarily resident in Cyprus on the 5th November, | ||
| + | 1914, will acquire British nationality subject to the conditions laid | ||
| + | down in the local law, and will thereupon lose their Turkish | ||
| + | nationality. They will, however, have the right to opt for Turkish | ||
| + | nationality within two years from the coming into force of the present | ||
| + | Treaty, provided that they leave Cyprus within twelve months after | ||
| + | having so opted. | ||
| + | |||
| + | Turkish nationals ordinarily resident in Cyprus on the coming into | ||
| + | force of the present Treaty who, at that date, have acquired or are in | ||
| + | process of acquiring British nationality in consequence of a request | ||
| + | made in accordance with the local law, will also thereupon lose their | ||
| + | Turkish nationality. | ||
| + | |||
| + | It is understood that the Government of Cyprus will be entitled to | ||
| + | refuse British nationality to inhabitants of the island who, being | ||
| + | Turkish nationals, had formerly acquired another nationality without | ||
| + | the consent of the Turkish Government. | ||
| + | |||
| + | |||
| + | ARTICLE 22. | ||
| + | |||
| + | Without prejudice to the general stipulations of Article 27, Turkey | ||
| + | hereby recognises the definite abolition of all rights and privileges | ||
| + | whatsoever which she enjoyed in Libya under the Treaty of Lausanne of | ||
| + | the 18th October, 1912, and the instruments connected therewith. | ||
| + | |||
| + | |||
| + | 2. SPECIAL PROVISIONS.<br> | ||
| + | ARTICLE 23. | ||
| + | |||
| + | The High Contracting Parties are agreed to recognise and declare the | ||
| + | principle of freedom of transit and of navigation, by sea and by air, | ||
| + | in time of peace as in time of war, in the strait of the Dardanelles, | ||
| + | the Sea of Marmora and the Bosphorus, as prescribed in the separate | ||
| + | Convention signed this day, regarding the regime of the Straits. This | ||
| + | Convention will have the same force and effect in so far as the | ||
| + | present High Contracting Parties are concerned as if it formed part of | ||
| + | the present Treaty. | ||
| + | |||
| + | |||
| + | ARTICLE 24. | ||
| + | |||
| + | The separate Convention signed this day respecting the regime for the | ||
| + | frontier described in Article 2 of the present Treaty will have equal | ||
| + | force and effect in so far as the present High Contracting Parties are | ||
| + | concerned as if it formed part of the present Treaty. | ||
| + | |||
| + | |||
| + | ARTICLE 25. | ||
| + | |||
| + | Turkey undertakes to recognise the full force of the Treaties of Peace | ||
| + | and additional Conventions concluded by the other Contracting Powers | ||
| + | with the Powers who fought on the side of Turkey, and to recognise | ||
| + | whatever dispositions have been or may be made concerning the | ||
| + | territories of the former German Empire, of Austria, of Hungary and of | ||
| + | Bulgaria, and to recognise the new States within their frontiers as | ||
| + | there laid down. | ||
| + | |||
| + | |||
| + | ARTICLE 26. | ||
| + | |||
| + | Turkey hereby recognises and accepts the frontiers of Germany, | ||
Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the | Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the | ||
Serb-Croat-Slovene State and the Czechoslovak State, as these | Serb-Croat-Slovene State and the Czechoslovak State, as these | ||
| − | frontiers have been or may be determined by the Treaties referred | + | frontiers have been or may be determined by the Treaties referred to |
| − | to in Article 25 or by any supplementary conventions. | + | in Article 25 or by any supplementary conventions. |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | ARTICLE 27. | |
| − | + | ||
| − | + | No power or jurisdiction in political, legislative or administrative | |
| − | + | matters shall be exercised outside Turkish territory by the Turkish | |
| − | + | Government or authorities, for any reason whatsoever, over the | |
| − | + | nationals of a territory placed under the sovereignty or protectorate | |
| − | Turkey | + | of the other Powers signatory of the present Treaty, or over the |
| + | nationals of a territory detached from Turkey. | ||
| − | + | It is understood that the spiritual attributions of the Moslem | |
| − | + | religious authorities are in no way infringed. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | |||
| − | |||
| − | + | ARTICLE 28. | |
| + | |||
| + | Each of the High Contracting Parties hereby accepts, in so far as it | ||
| + | is concerned, the complete abolition of the Capitulations in Turkey in | ||
| + | every respect. | ||
| + | |||
| + | |||
| + | ARTICLE 29. | ||
| + | |||
| + | Moroccans, who are French nationals ("ressortissants") and Tunisians | ||
| + | shall enjoy in Turkey the same treatment in all respects as other | ||
| + | French nationals ("ressortissants"). | ||
| + | |||
| + | Natives ("ressortissants") of Libya shall enjoy in Turkey the same | ||
| + | treatment in all respects as other Italian nationals | ||
| + | ("ressortissants") . | ||
| + | |||
| + | The stipulations of the present Article in no way prejudge the | ||
nationality of persons of Tunisian, Libyan and Moroccan origin | nationality of persons of Tunisian, Libyan and Moroccan origin | ||
| − | established in Turkey.< | + | established in Turkey. |
| + | |||
| + | Reciprocally, in the territories the inhabitants of which benefit by | ||
| + | the stipulations of the first and second paragraphs of this Article, | ||
| + | Turkish nationals shall benefit by the same treatment as in France and | ||
| + | in Italy respectively. | ||
| + | |||
| + | The treatment to which merchandise originating in or destined for the | ||
| + | territories, the inhabitants of which benefit from the stipulations of | ||
| + | the first paragraph of this Article, shall be subject in Turkey, and, | ||
| + | reciprocally, the treatment to which merchandise originating in or | ||
| + | destined for Turkey shall be subject in the said territories shall be | ||
| + | settled by agreement between the French and Turkish Governments. | ||
| + | |||
| + | |||
| + | SECTION II .<br> | ||
| + | NATIONALITY.<br> | ||
| + | ARTICLE 30.<br> | ||
| + | |||
| + | Turkish subjects habitually resident in territory which in accordance | ||
| + | with the provisions of the present Treaty is detached from Turkey will | ||
| + | become ipsofacto, in the conditions laid down by the local law, | ||
| + | nationals of the State to which such territory is transferred. | ||
| + | |||
| + | |||
| + | ARTICLE 31. | ||
| + | |||
| + | Persons over eighteen years of age, losing their Turkish nationality | ||
| + | and obtaining ipso facto a new nationality under Article 30, shall be | ||
| + | entitled within a period of two years from the coming into force of | ||
| + | the present Treaty to opt for Turkish nationality. | ||
| + | |||
| + | |||
| + | ARTICLE 32. | ||
| + | |||
| + | Persons over eighteen years of age, habitually resident in territory | ||
| + | detached from Turkey in accordance with the present Treaty, and | ||
| + | differing in race from the majority of the population of such | ||
| + | territory shall, within two years from the coming into force of the | ||
| + | present Treaty, be entitled to opt for the nationality of one of the | ||
| + | States in which the majority of the population is of the same race as | ||
| + | the person exercising the right to opt, subject to the consent of that | ||
| + | State. | ||
| + | |||
| + | |||
| + | ARTICLE 33. | ||
| + | |||
| + | Persons who have exercised the right to opt in accordance with the | ||
| + | provisions of Articles 31 and 32 must, within the succeeding twelve | ||
| + | months, transfer their place of residence to the State for which they | ||
| + | have opted. | ||
| − | + | They will be entitled to retain their immovable property in the | |
| − | + | ||
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territory of the other State where they had their place of residence | territory of the other State where they had their place of residence | ||
| − | before exercising their right to opt. | + | before exercising their right to opt. |
| − | + | They may carry with them their movable property of every | |
| − | description. No export or import duties may be imposed upon | + | description. No export or import duties may be imposed upon them in |
| − | them in connection with the removal of such property. | + | connection with the removal of such property. |
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| − | + | ARTICLE 34. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Subject to any agreements which it may be necessary to conclude | |
| − | + | between the Governments exercising authority in the countries detached | |
| − | + | from Turkey and the Governments of the countries where the persons | |
| − | + | concerned are resident, Turkish nationals of over eighteen years of | |
| − | the | + | age who are natives of a territory detached from Turkey under the |
| − | + | present Treaty, and who on its coming into force are habitually | |
| + | resident abroad, may opt for the nationality of the territory of which | ||
| + | they are natives, if they belong by race to the majority of the | ||
| + | population of that territory, and subject to theconsent of the | ||
| + | Government exercising authority therein. This right of option must be | ||
| + | exercised within two years from the coming into force of the present | ||
| + | Treaty. | ||
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| − | + | ARTICLE 35. | |
| − | + | ||
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| − | + | ||
| − | + | ||
| − | + | ||
| − | + | The Contracting Powers undertake to put no hindrance in the way of the | |
| − | + | exercise of the right which the persons concerned have under the | |
| − | + | present Treaty, or under the Treaties of Peace concluded with Germany, | |
| − | + | Austria, Bulgaria or Hungary, or under any Treaty concluded by the | |
| − | + | said Powers, other than Turkey, or any of them, with Russia, or | |
| − | + | between themselves, to choose any other nationality which may be open | |
| + | to them. | ||
| − | |||
| − | + | ARTICLE 36. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | For the purposes of the provisions of this Section, the status of a | |
| − | + | married woman will be governed by that of her husband, and the status | |
| − | + | of children under eighteen years of age by that of their parents. | |
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| + | SECTION III.<br> | ||
| + | PROTECTION OF MINORITIES.<br> | ||
| + | ARTICLE 37.<br> | ||
| − | + | Turkey undertakes that the stipulations contained in Articles 38 to 44 | |
| − | + | shall be recognised as fundamental laws, and that no law, no | |
| − | + | regulation, nor official action shall conflict or interfere with these | |
| − | + | stipulations, nor shall any law, regulation, nor official action | |
| − | + | prevail over them. | |
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| − | + | ARTICLE 38. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | The Turkish Government undertakes to assure full and complete | |
| − | + | protection of life and liberty to ali inhabitants of Turkey without | |
| − | + | distinction of birth, nationality, language, race or religion. | |
| − | + | ||
| − | of | + | |
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| − | + | All inhabitants of Turkey shall be entitled to free exercise, whether | |
| − | + | in public or private, of any creed, religion or belief, the observance | |
| − | of | + | of which shall not be incompatible with public order and good morals. |
| − | + | ||
| − | of | + | |
| − | + | ||
| − | + | ||
| − | + | Non-Moslem minorities will enjoy full freedom of movement and of | |
| + | emigration, subject to the measures applied, on the whole or on part | ||
| + | of the territory, to all Turkish nationals, and which may be taken by | ||
| + | the Turkish Government for national defence, or for the maintenance of | ||
| + | public order. | ||
| + | |||
| + | |||
| + | ARTICLE 39. | ||
| + | |||
| + | Turkish nationals belonging to non-Moslem minorities will enjoy the | ||
| + | same civil and political rights as Moslems. | ||
| + | |||
| + | All the inhabitants of Turkey, without distinction of religion, shall | ||
| + | be equal before the law. | ||
| + | |||
| + | Differences of religion, creed or confession shall not prejudice any | ||
| + | Turkish national in matters relating to the enjoyment of civil or | ||
| + | political rights, as, for instance, admission to public employments, | ||
| + | functions and honours, or the exercise of professions and industries. | ||
| + | |||
| + | No restrictions shall be imposed on the free use by any Turkish | ||
| + | national of any language in private intercourse, in commerce, | ||
| + | religion, in the press, or in publications of any kind or at public | ||
| + | meetings. | ||
| + | |||
| + | Notwithstanding the existence of the official language, adequate | ||
| + | facilities shall be given to Turkish nationals of non-Turkish speech | ||
| + | for the oral use of their own language before the Courts. | ||
| + | |||
| + | |||
| + | ARTICLE 40. | ||
| + | |||
| + | Turkish nationals belonging to non-Moslem minorities shall enjoy the | ||
| + | same treatment and security in law and in fact as other Turkish | ||
| + | nationals. In particular, they shall have an equal right to establish, | ||
| + | manage and control at their own expense, any charitable, religious and | ||
| + | social institutions, any schools and other establishments for | ||
| + | instruction and education, with the right to use their own language | ||
| + | and to exercise their own religion freely therein. | ||
| + | |||
| + | |||
| + | ARTICLE 41. | ||
| + | |||
| + | As regards public instruction, the Turkish Government will grant in | ||
| + | those towns and districts, where a considerable proportion of | ||
| + | non-Moslem nationals are resident, adequate facilities for ensuring | ||
| + | that in the primary schools the instruction shall be given to the | ||
| + | children of such Turkish nationals through the medium of their own | ||
| + | language. This provision will not prevent the Turkish Government from | ||
| + | making the teaching of the Turkish language obligatory in the said | ||
| + | schools. | ||
| + | |||
| + | In towns and districts where there is a considerable proportion of | ||
| + | Turkish nationals belonging to non-Moslem minorities, these minorities | ||
| + | shall be assured an equitable share in the enjoyment and application | ||
| + | of the sums which may be provided out of public funds under the State, | ||
| + | municipal or other budgets for educational, religious, or charitable | ||
| + | purposes. | ||
| + | |||
| + | The sums in question shall be paid to the qualified representatives of | ||
| + | the establishments and institutions concerned. | ||
| + | |||
| + | |||
| + | ARTICLE 42. | ||
| + | |||
| + | The Turkish Government undertakes to take, as regards non-Moslem | ||
| + | minorities, in so far as concerns their family law or personal status, | ||
| + | measures permitting the settlement of these questions in accordance | ||
| + | with the customs of those minorities. | ||
| + | |||
| + | These measures will be elaborated by special Commissions composed of | ||
| + | representatives of the Turkish Government and of representatives of | ||
| + | each of the minorities concerned in equal number. In case of | ||
| + | divergence, the Turkish Government and the Council of the League of | ||
| + | Nations will appoint in agreement an umpire chosen from amongst | ||
| + | European lawyers. | ||
| + | |||
| + | The Turkish Government undertakes to grant full protection to the | ||
| + | churches, synagogues, cemeteries, and other religious establishments | ||
| + | of the above-mentioned minorities. All facilities and authorisation | ||
| + | will be granted to the pious foundations, and to the religious and | ||
| + | charitable institutions of the said minorities at present existing in | ||
| + | Turkey, and the Turkish Government will not refuse, for the formation | ||
| + | of new religious and charitable institu- tions, any of the necessary | ||
| + | facilities which are guaranteed to other private institutions of that | ||
| + | nature. | ||
| + | |||
| + | |||
| + | ARTICLE 43. | ||
| + | |||
| + | Turkish nationals belonging to non-Moslem minorities shall not be | ||
| + | compelled to perform any act which constitutes a violation of their | ||
| + | faith or religious observances, and shall not be placed under any | ||
| + | disability by reason of their refusal to attend Courts of Law or to | ||
| + | perform any legal business on their weekly day of rest. | ||
| + | |||
| + | This provision, however, shall not exempt such Turkish nationals from | ||
| + | such obligations as shall be imposed upon all other Turkish nationals | ||
| + | for the preservation of public order. | ||
| + | |||
| + | |||
| + | ARTICLE 44. | ||
| + | |||
| + | Turkey agrees that, in so far as the preceding Articles of this | ||
| + | Section affect non-Moslem nationals of Turkey, these provisions | ||
| + | constitute obligations of international concern and shall be placed | ||
| + | under the guarantee of the League of Nations. They shall not be | ||
| + | modified without the assent of the majority of the Council of the | ||
| + | League of Nations. The British Empire, France, Italy and Japan hereby | ||
| + | agree not to withhold their assent to any modification in these | ||
| + | Articles which is in due form assented to by a majority of the Council | ||
| + | of the League of Nations. | ||
| + | |||
| + | Turkey agrees that any Member of the Council of the League of Nations | ||
| + | shall have the right to bring to the attention of the Council any | ||
| + | infraction or danger of infraction of any of these obligations, and | ||
| + | that the Council may thereupon take such action and give such | ||
| + | directions as it may deem proper and effective in the circumstances. | ||
| + | |||
| + | Turkey further agrees that any difference of opinion as to questions | ||
| + | of law or of fact arising out of these Articles between the Turkish | ||
| + | Government and any one of the other Signatory Powers or any other | ||
| + | Power, a member of the Council of the League of Nations, shall be held | ||
| + | to be a dispute of an international character under Article 14 of the | ||
| + | Covenant of the League of Nations. The Turkish Government hereby | ||
| + | consents that any such dispute shall, if the other party thereto | ||
| + | demands, be referred to the Permanent Court of International | ||
| + | Justice. The decision of the Permanent Court shall be final and shall | ||
| + | have the same force and effect as an award under Article 13 of the | ||
| + | Covenant. | ||
| + | |||
| + | |||
| + | ARTICLE 45. | ||
| + | |||
| + | The rights conferred by the provisions of the present Section on the | ||
| + | non-Moslem minorities of Turkey will be similarly conferred by Greece | ||
| + | on the Moslem minority in her territory. | ||
| + | |||
| + | |||
| + | PART II.<br> | ||
| + | FINANCIAL CLAUSES.<br> | ||
| + | SECTION I.<br> | ||
| + | OTTOMAN PUBLIC DEBT.<br> | ||
| + | ARTICLE 46.<br> | ||
| + | |||
| + | The Ottoman Public Debt, as defined in the Table annexed to the | ||
| + | present Section, shall be distributed under the conditions laid down | ||
| + | in the present Section between Turkey, the States in favour of which | ||
| + | territory has been detached from the Ottoman Empire after the Balkan | ||
| + | wars of 1912-13, the States to which the islands referred to in | ||
| + | Articles 12 and 15 of the present Treaty and the territory referred to | ||
| + | in the last paragraph of the present Article have been attributed, and | ||
| + | the States newly created in territories in Asia which are detached | ||
| + | from the Ottoman Empire under the present Treaty. All the above St | ||
| + | ates shall also participate, under the conditions laid down in the | ||
| + | present Section, in the annual charges for the service of the Ottoman | ||
| + | Public Debt from the dates referred to in Article 53. | ||
| + | |||
| + | From the dates laid down in Article 53, Turkey shall not be held in | ||
| + | any way whatsoever responsible for the shares of the Debt for which | ||
| + | other States are liable. | ||
| + | |||
| + | For the purpose of the distribution of the Ottoman Public Debt, that | ||
| + | portion of the territory of Thrace which was under Turkish sovereignty | ||
| + | on the 1st August, 1914, and lies outside the boundaries of Turkey as | ||
| + | laid down by Article 2 of the present Treaty, shall be deemed to be | ||
| + | detached from the Ottoman Empire under the said Treaty. | ||
| + | |||
| + | |||
| + | ARTICLE 47. | ||
| + | |||
| + | The Council of the Ottoman Public Debt shall, within three months from | ||
| + | the coming into force of the present Treaty, determine, on the basis | ||
| + | laid down by Articles 50 and 51, the amounts of the annuities for the | ||
| + | loans referred to in Part A of the Table annexed to the present | ||
| + | Section which are payable by each of the States concerned, and shall | ||
| + | notify to them this amount. | ||
| + | |||
| + | These States shall be granted an opportunity to send to Constantinople | ||
| + | delegates to check the calculations made for this purpose by the | ||
| + | Council of the Ottoman Public Debt. | ||
| + | |||
| + | The Council of the Debt shall exercise the functions referred to in | ||
| + | Article 134 of the Treaty of Peace with Bulgaria of the 27th November, | ||
| + | 1919. | ||
| + | |||
| + | Any disputes which may arise between the parties concerned as to the | ||
| + | application of the principles laid down in the present Article shall | ||
| + | be referred, not more than one month after the notification referred | ||
| + | to in the first paragraph, to an arbitrator whom the Council of the | ||
| + | League of Nations will be asked to appoint; this arbitrator shall give | ||
| + | his decision within a period of not more than three months. The | ||
| + | remuneration of the arbitrator shall be determined by the Council of | ||
| + | the League of Nations, and shall, together with the other expenses of | ||
| + | the arbitration, be borne by the parties concerned. The decisions of | ||
| + | the arbitrator shall be final. The payment of the annuities shall not | ||
| + | be suspended by the reference of any disputes to the above-mentioned | ||
| + | arbitrator. | ||
| + | |||
| + | |||
| + | ARTICLE 48. | ||
| + | |||
| + | The States, other than Turkey, among which the Ottoman Public Debt, as | ||
| + | defined in Part A of the Table annexed to this Section is attributed, | ||
| + | shall, within three months from the date on which they are notified, | ||
| + | in accordance with Article 47, of their respective shares in the | ||
| + | annual charges referred to in that Article, assign to the Council of | ||
| + | the Debt adequate security for the payment of their share. If such | ||
| + | security is not assigned within the above-mentioned period, or in the | ||
| + | case of any disagreement as to the adequacy of the security assigned, | ||
| + | any of the Governments signatory to the present Treaty shall be | ||
| + | entitled to appeal to the Council of the League of Nations. | ||
| + | |||
| + | The Council of the League of Nations shall be empowered to entrust the | ||
| + | collection of the revenues assigned as security to international | ||
| + | financial organisations existing in the countries (other than Turkey) | ||
| + | among which the Debt is distributed. The decisions of the Council of | ||
| + | the League of Nations shall be final. | ||
| + | |||
| + | |||
| + | ARTICLE 49 | ||
| + | |||
| + | Within one month from the date of the final determination under | ||
| + | Article 47 of the amount of the annuities for which each of the States | ||
| + | concerned is liable, a Commission shall meet in Paris to determine the | ||
| + | method of carrying out the distribution of the nominal capital of the | ||
| + | Ottoman Public Debt as defined in Part A of the Table annexed to this | ||
| + | Section. This distribution shall be made in accordance with the | ||
| + | proportions adopted for the division of the annuities, and account | ||
| + | shall be taken of the terms of the agreements governing the loans and | ||
| + | of the provisions of this Section. | ||
| + | |||
| + | The Commission referred to in the first paragraph shall consist of a | ||
| + | representative of the Turkish Government, a representative of the | ||
| + | Council of the Ottoman Public Debt, a representative of the debt other | ||
| + | than the Unified Debt and the Lots Turcs; each of the Governments | ||
| + | concerned shall also be entitled to appoint a representative. All | ||
| + | questions in regard to which the Commission may be unable to reach | ||
| + | agreement shall be referred to the arbitrator referred to in the | ||
| + | fourth paragraph of Article 47. | ||
| + | |||
| + | If Turkey shall decide to create new securities in respect of her | ||
share, the distribution of the capital of the Ottoman Public Debt | share, the distribution of the capital of the Ottoman Public Debt | ||
shall be made in the first instance as it affects Turkey by a | shall be made in the first instance as it affects Turkey by a | ||
| − | Committee consisting of the representative of the Turkish Government, the representative of the Council of the Ottoman | + | Committee consisting of the representative of the Turkish Government, |
| − | Public Debt and the representative of the debt other than the | + | the representative of the Council of the Ottoman Public Debt and the |
| − | Unified Debt and the Lots Turcs. The new securities shall be | + | representative of the debt other than the Unified Debt and the Lots |
| − | delivered to the Commission, which shall ensure their delivery | + | Turcs. The new securities shall be delivered to the Commission, which |
| − | to the bondholders upon such terms as will provide for the | + | shall ensure their delivery to the bondholders upon such terms as will |
| − | release of Turkey from liability and the rights of the | + | provide for the release of Turkey from liability and the rights of the |
| − | towards the other States which are liable for a share of the Ottoman Public Debt. The securities issued in respect of the share | + | bondholders towards the other States which are liable for a share of |
| + | the Ottoman Public Debt. The securities issued in respect of the share | ||
of each State in the Ottoman Public Debt shall be exempt in the | of each State in the Ottoman Public Debt shall be exempt in the | ||
| − | territory of the High Contracting Parties from all stamp duties | + | territory of the High Contracting Parties from all stamp duties or |
| − | or other taxes which would be involved by such issue. | + | other taxes which would be involved by such issue. |
| − | + | The payment of the annuities for which each of the States concerned is | |
| − | concerned is liable shall not be postponed as a consequence of | + | liable shall not be postponed as a consequence of the provisions of |
| − | the provisions of the present Article in regard to the distribution | + | the present Article in regard to the distribution of the nominal |
| − | of the nominal capital. | + | capital. |
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| − | |||
| − | + | ARTICLE 50. | |
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| − | + | The distribution of the annual charges referred to in Article 47 and | |
| − | + | of the nominal capital of the Ottoman Public Debt mentioned in Article | |
| − | + | 49 shall be effected in the following manner: | |
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| − | + | (1) The loans prior to the 17th October, 1912, and the annuities of | |
| − | + | such loans shall be distributed between the Ottoman Empire as it | |
| − | + | existed after the Balkan wars of 1912-13, the Balkan States in favour | |
| − | of the | + | of which territory was detached from the Ottoman Empire after those |
| − | + | wars, and the States to which the islands referred to in Articles 12 | |
| − | + | and 15 of the present Treaty have been attributed; account shall be | |
| + | taken of the territorial changes which have taken place after the | ||
| + | coming into force of the treaties which ended those wars or subsequent | ||
| + | treaties. | ||
| − | + | (2) The residue of the loans for which the Ottoman Empire remained | |
| − | + | liable after this first distribution and the residue of the annuities | |
| − | + | of such loans, together with the loans contracted by that Empire | |
| − | + | between the 17th October, 1912, and the 1st November, 1914, and the | |
| − | + | annuities of such loans shall be distributed between Turkey, the newly | |
| − | + | created States in Asia in favour of which a territory has been | |
| − | + | detached from the Ottoman Empire under the present Treaty, and the | |
| − | the | + | State to which the territory referred to in the last paragraph of |
| − | + | Article 46 of the said Treaty has been attributed. | |
| − | + | ||
| − | + | The distribution of the capital shall in the case of each loan be | |
| − | the | + | based on the capital amount outstanding at the date of the coming into |
| − | + | force of the present Treaty. | |
| − | + | ||
| − | + | ||
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| − | |||
| − | + | ARTICLE 51 . | |
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| + | The amount of the share in the annual charges of the Ottoman Public | ||
| + | Debt for which each State concerned is liable in conse- quence of the | ||
| + | distribution provided for by Article 50 shall be determined as | ||
| + | follows: | ||
| − | + | (I) As regards the distribution provided for by Article 50 (1), in the | |
| − | + | first place the share of the islands referred to in Articles 12 and 15 | |
| − | + | and of the territories detached from the Ottoman Empire after the | |
| − | + | Balkan wars, taken together, shall be fixed. The amount of this share | |
| − | . | + | shall bear the same proportion to the total sum of the annuities to be |
| − | + | distributed in accordance with Article 50 (1) as the average total | |
| − | + | revenue of the above mentioned islands and territories, taken as a | |
| − | + | whole, bore to the average total revenue of the Ottoman Empire in the | |
| − | + | financial years 1910-1911 and 1911-1912, including the proceeds of the | |
| − | + | customs surtaxes established in 1907. | |
| − | . | + | |
| − | + | ||
| − | + | The amount thus determined shall then be distributed among the States | |
| + | to which the territories referred to in the preceding paragraph have | ||
| + | been attributed, and the share for which each of these States will | ||
| + | thus be made liable shall bear the same proportion to the total amount | ||
| + | so distributed as the average total revenue of the territory | ||
| + | attributed to each State bore in the financial years 1910-11 and | ||
| + | 1911-12 to the average total revenue of the territories detached from | ||
| + | the Ottoman Empire after the Balkan Wars and the islands referred to | ||
| + | in Articles 12 and 15. In calculating the revenues referred to in this | ||
| + | paragraph, customs revenues shall be excluded. | ||
| − | + | (2) As regards the territories detached from the Ottoman Empire under | |
| + | the present Treaty (including the territory referred to in the last | ||
| + | paragraph of Article 46), the amount of the share of each State | ||
| + | concerned shall bear the same proportion to the total sum of the | ||
| + | annuities to be distributed in accordance with Article 50 (2) as the | ||
| + | average total revenue of the detached territory (including the | ||
| + | proceeds of the Customs surtax established in 1907) for the financial | ||
| + | years 1910-11 and 1911-12 bore to the average total revenue of the | ||
| + | Ottoman Empire, excluding the territories and islands referred to in | ||
| + | paragraph (I) of this Article. | ||
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| − | |||
| − | |||
| − | + | ARTICLE 52. | |
| − | + | ||
| − | + | The advances referred to in Part B of the Table annexed to the present | |
| − | + | Section shall be distributed between Turkey and the other States | |
| + | referred to in Article 46 under the following conditions: | ||
| − | + | (I) As regards the advances referred to in the Table which existed on | |
| + | the 17th October, 1912, the capital amount, if any, outstanding at the | ||
| + | date of the coming into force of the present Treaty, together with the | ||
| + | interest from the dates mentioned in the first paragraph of Article 53 | ||
| + | and the repayments made since those dates, shall be distributed in | ||
| + | accordance with the provisions of Article 50 (I) and Article 51 (1). | ||
| − | + | (2) As regards the amounts for which the Ottoman Empire remains liable | |
| + | after the first distribution and the advances referred to in the Table | ||
| + | which were contracted by the said Empire between the 17th October, | ||
| + | 1912, and the 1st November, 1914, the capital amount, if any, | ||
| + | outstanding at the date of the coming into force of the present | ||
| + | Treaty, together with the interest from the 1st March, 1920, and the | ||
| + | repayments made since that date, shall be distributed in accordance | ||
| + | with the provisions of Article 50 (2) and Article 51 (2). | ||
| − | + | The Council of the Ottoman Public Debt shall, within three months from | |
| − | + | the coming into force of the present Treaty, determine the amount of | |
| − | + | the share in these advances for which each of the States concerned is | |
| − | + | liable, and notify them of such amount. | |
| − | + | ||
| − | + | The sums for which States other than Turkey are liable shall be paid | |
| + | by those States to the Council of the Debt and shall be paid by the | ||
| + | Council to the creditors, or credited to the Turkish Government up to | ||
| + | the amount paid by Turkey, by way of interest or repayment, for the | ||
| + | account of those States. | ||
| − | + | The payments referred to in the preceding paragraph shall be made by | |
| + | five equal annuities from the coming into force of the present | ||
| + | Treaty. Such portion of these payments as is payable to the creditors | ||
| + | of the Ottoman Empire shall bear interest at the rates laid down in | ||
| + | the contracts governing the advances; the portion to be credited to | ||
| + | the Turkish Government shall be paid without interest. | ||
| − | |||
| − | |||
| − | |||
| − | + | ARTICLE 53. | |
| − | + | The annuities for the service of the loans of the Ottoman Public Debt | |
| + | (as defined in Part A of the Table annexed to this Section) due by the | ||
| + | States in favour of which a territory has been detached from the | ||
| + | Ottoman Empire after the Balkan wars, shall be payable as from the | ||
| + | coming into force of the treaties by which the respective territories | ||
| + | were transferred to those States. In the case of the islands referred | ||
| + | to in Article 12, the annuity shall be payable as from the 1st/14th | ||
| + | November, 1913, and, in the case of the islands referred to in Article | ||
| + | 15, as from the 17th October, 1912. | ||
| − | + | The annuities due by the States newly created in territories in Asia | |
| − | . | + | detached from the Ottoman Empire under the present Treaty, and by the |
| + | State to which the territory referred to in the last paragraph of | ||
| + | Article 46 has been attributed, shall be payable as from the 1st | ||
| + | March, 1920. | ||
| − | |||
| − | |||
| − | + | ARTICLE 54. | |
| − | + | ||
| − | + | The Treasury Bills of 1911, 1912 and 1913 included in Part A of the | |
| + | Table annexed to this Section shall be repaid, with interest at the | ||
| + | agreed rate, within ten years from the dates fixed by the contracts. | ||
| − | |||
| − | |||
| − | + | ARTICLE 55. | |
| − | + | ||
| − | + | The States referred to in Article 46, including Turkey, shall pay to | |
| + | the Ottoman Debt Council the amount of the annuities required for the | ||
| + | service of their share of the Ottoman Public Debt (as defined in Part | ||
| + | A of the Table annexed to this Section) to the extent that such | ||
| + | annuities have remained unpaid as from the dates laid down by Article | ||
| + | 53. This payment shall be made, without interest, by means of twenty | ||
| + | equal annuities from the coming into force of the present Treaty. | ||
| − | + | The amount of the annuities paid to the Council of the Debt by the | |
| − | + | States other than Turkey shall, to the extent that they represent | |
| − | + | payments made by Turkey for the account of those States, be credited | |
| − | + | to Turkey on account of the arrears with which she is debited. | |
| − | + | ||
| − | + | ||
| + | ARTICLE 56. | ||
| − | + | The Council of the Administration of the Ottoman Public Debt shall no | |
| − | + | longer include delegates of the German, Austrian and Hungarian | |
| − | + | bondholders. | |
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| − | + | ARTICLE 57. | |
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| − | + | Limits of time fixed for the presentation of coupons of or claims for | |
| − | + | interest upon the loans and advances of the Ottoman Public Debt and | |
| − | + | the Turkish Loans of 1855, 1891 and 1894 secured on the Egyptian | |
| − | + | tribute, and the limits of time fixed for the presentation of | |
| − | + | securities of these loans drawn for repayment, shall, on the territory | |
| − | + | of the High Contracting Parties, be considered as having been | |
| − | + | suspended from the 29th October, 1914, until three months after the | |
| − | + | coming into force of the present Treaty. | |
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| − | + | <CENTER> | |
| − | + | ANNEX I TO SECTION I.<br> | |
| − | + | Table of the Ottoman Pre-War Public Debt (November 1, 1914).<br> | |
| − | + | <b>Part A.</b><br> | |
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| − | + | {| border="1" cellpadding="2" | |
| − | + | !width="50"|Loan | |
| − | + | !width="225"|Date of Contract | |
| − | + | !width="225"|Interest % | |
| − | + | !width="225"|Date of Redemption | |
| − | + | !width="225"|Bank of Issue | |
| − | + | |- | |
| − | of | + | |1 || 2 || 3 || 4 || 5 || |
| − | + | |- | |
| + | |Unified Debt || 1-14.9.1903--8-21.6.1906 || 4 || -- || -- || | ||
| + | |- | ||
| + | |Osmanie || 18-30.4.1890 || 4 || 1931 ||Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Tombac priority || 26.4-8.5.1893 || 4 || 1954 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |40,000,000fr (Oriental Railways) || I-13.3.1894 || 4 || 1957 || Deutsche Bank and its group, Including International Bank and two French banks. || | ||
| + | |- | ||
| + | |5%, 1896|| 29.2-12.3.1896 || 5 || 1946 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Customs, 1902 || 17-29.5.1886-28.9-11.10.1902|| 4 || 1958 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |4%, 1903 (Fisheries) || 3.10.1888-21.2-6.3.1903. || 4 || 1958 || Deutsche Bank || | ||
| + | |- | ||
| + | |Bagdad, Series 1 || 20.2-5.3.1903 || 4 || 2001 || Deutsche Bank || | ||
| + | |- | ||
| + | |4%, 1904 || 4-17.9.1903 || 4 || 1960 || Imperial Ottoman Bank|| | ||
| + | |- | ||
| + | |4%, 1901-1905 || 21.11-4.12.1901-6. 11.1903-25. 4-8.5.1905 || 4 || 1961 || Imperial Ottoman Bank|| | ||
| + | |- | ||
| + | |Tedjhizat-Askerie || 4-17.4.1905 || 4 || 1961 || Deutsche Bank || | ||
| + | |- | ||
| + | |Bagdad, Series II || 20.5-2.6.1908 || 4 || 2006 || Deutsche Bank || | ||
| + | |- | ||
| + | |Bagdad, Series III || 20.5-2.6.1908 || 4 || 2010 || Deutsche Bank || | ||
| + | |- | ||
| + | |4%, 1908 || 6-19.9.1908 || 4 || 1965 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |4%, 1909 || 30.9-13.10.1909 || 4 || 1950 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Soma-Panderma || 20.11-3.12.1910 || 4 || 1992 || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Hodeida-Sanaa || 24.2-9.3.1911 || 4 || 2006 || Banque francaise || | ||
| + | |- | ||
| + | |Customs 1911 || 27.10-9.11.1910 || 4 || 1952 || Deutsche Bank and its group || | ||
| + | |- | ||
| + | |Plain of Koniah irrigation || 5-18.1913 || -- || 1932 || -- || | ||
| + | |- | ||
| + | |Docks, arsenals and naval constructions || 19.11-2 12.1913 || 5 1/2 || 1943 || -- || | ||
| + | |- | ||
| + | |5%, 1914 || 13-26.4.1914 || 5 || (1962) || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Avance Régie des Tabacs || 4.8.1913 || -- || -- || -- || | ||
| + | |- | ||
| + | |Treasury Bills, 5% 1911 (purchase of warships) || 13-7.1911 || 5 || 1916<nowiki>*</nowiki> || National Bank of Turkey || | ||
| + | |- | ||
| + | |Treasury Bills, Imperial || 8.21.11.1912 || 6 || 1915<nowiki>*</nowiki> || Imperial Ottoman Bank || | ||
| + | |- | ||
| + | |Treasury Bills, 1913 (induding the bills issued directly) || 19.1-1.2.1913 || 5 || 1918<nowiki>*</nowiki> || Périer and Co. || | ||
| + | |} | ||
| + | </CENTER> | ||
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| − | + | <nowiki>*</nowiki>See Article 54. | |
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| − | + | <center> <b>Part B.</b> | |
| − | + | ||
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| − | and can be identified in territories subject to the sovereignty or | + | |
| + | {| border="1" cellpadding="2" | ||
| + | !width="50"|Advance | ||
| + | !width="225"|Date of Contract | ||
| + | !width="225"|Interest % | ||
| + | !width="225"|Original Nominal Capital £ T | ||
| + | |- | ||
| + | |Bagdad Railway Company || 3/16 June, 1908 || 7 || 300,000 || | ||
| + | |- | ||
| + | |Lighthouse Administration || 5/18 August, 1904 || 8 || 55,000 || | ||
| + | |- | ||
| + | |Lighthouse Administration || 5/18 July, 1907 || 7 || 300,000 || | ||
| + | |- | ||
| + | |Constanza Cable Company || 27/9 October, 1904 || 4 || 17,335 || | ||
| + | |- | ||
| + | |Tunnel Company || -- || -- || 3,000 || | ||
| + | |- | ||
| + | |Orphan's Fund || Various dates || -- || 153,147 || | ||
| + | |- | ||
| + | |Deutsche Bank || 13/26 August, 1912 || 5.5 || 33,000 || | ||
| + | |- | ||
| + | |Lighthouse Administration || 3/16 April, 1913 || 7 || 500,000 || | ||
| + | |- | ||
| + | |Anatolia Railway Company || 23/5 March, 1914 || 6 || 200,000 || | ||
| + | |} | ||
| + | </center> | ||
| + | |||
| + | |||
| + | |||
| + | |||
| + | |||
| + | SECTION II.<br> | ||
| + | MISCELLANEOUS CLAUSES.<br> | ||
| + | ARTICLE 58.<br> | ||
| + | |||
| + | Turkey, on the one hand, and the other Contracting Powers (except | ||
| + | Greece) on the other hand, reciprocally renounce all pecuniary claims | ||
| + | for the loss and damage suffered respectively by Turkey and the said | ||
| + | Powers and by their nationals (including juridical persons) between | ||
| + | the 1st August, 1914, and the coming into force of the present Treaty, | ||
| + | as the result of acts of war or measures of requisition, | ||
| + | sequestration, disposal or confiscation. | ||
| + | |||
| + | Nevertheless, the above provisions are without prejudice to the | ||
| + | provisions of Part III (Economic Clauses) of the present Treaty. | ||
| + | |||
| + | Turkey renounces in favour of the other Contracting Parties (except | ||
| + | Greece) any right in the sums in gold transferred by Germany and | ||
| + | Austria under Article 259 (I) of the Treaty of Peace of the 28th June, | ||
| + | I9I9, with Germany, and under Article 210 (I) of the Treaty of Peace | ||
| + | of the 10th September, 1919, with Austria. | ||
| + | |||
| + | The Council of the Administration of the Ottoman Public Debt is freed | ||
| + | from all liability to make the payments which it was required to make | ||
| + | by the Agreement of the 20th June, 1331 (3rd July, 1915) relating to | ||
| + | the first issue of Turkish currency notes or by the words inscribed on | ||
| + | the back of such notes. | ||
| + | |||
| + | Turkey also agrees not to claim from the British Government or its | ||
| + | nationals the repayment of the sums paid for the warships ordered in | ||
| + | England by the Ottoman Government which were requisitioned by the | ||
| + | British Government in 1914, and renounces all claims in the matter. | ||
| + | |||
| + | |||
| + | ARTICLE 59. | ||
| + | |||
| + | Greece recognises her obligation to make reparation for the damage | ||
| + | caused in Anatolia by the acts of the Greek army or administration | ||
| + | which were contrary to the laws of war. | ||
| + | |||
| + | On the other hand, Turkey, in consideration of the financial situation | ||
| + | of Greece resulting from the prolongation of the war and from its | ||
| + | consequences, finally renounces all claims for reparation against the | ||
| + | Greek Government. | ||
| + | |||
| + | |||
| + | ARTICLE 60. | ||
| + | |||
| + | The States in favour of which territory was or is detached from the | ||
| + | Ottoman Empire after the Balkan wars or by the present Treaty shall | ||
| + | acquire, without payment, all the property and possessions of the | ||
| + | Ottoman Empire situated therein. | ||
| + | |||
| + | It is understood that the property and possessions of which the | ||
| + | transfer from the Civil List to the State was laid down by the Irades | ||
| + | of the 26th August, 1324 (8th September, I908) and the 20th April, | ||
| + | 1325 (2nd May, I909), and also those which, on the 30th October, 1918, | ||
| + | were administered by the Civil List for the benefit of a public | ||
| + | service, are included among the property and possessions referred to | ||
| + | in the preceding paragraph, the aforesaid States being subrogated to | ||
| + | the Ottoman Empire in regard to the property and possessions in | ||
| + | question. The Wakfs created on such property shall be maintained. | ||
| + | |||
| + | The dispute which has arisen between the Greek and Turkish Governments | ||
| + | relating to property and possessions which have passed from the Civil | ||
| + | List to the State and are situated in territories of the former | ||
| + | Ottoman Empire transferred to Greece either after the Balkan wars, or | ||
| + | subsequently, shall be referred to an arbitral tribunal at The Hague, | ||
| + | in accordance with the special protocol No. 2 annexed to the Treaty of | ||
| + | Athens of the 1st-4th November, 1913. The terms of reference shall be | ||
| + | settled between the two Governments. | ||
| + | |||
| + | The provisions of this Article will not modify the juridical nature of | ||
| + | the property and possessions registered in the name of the Civil List | ||
| + | or administered by it, which are not referred to in the second and | ||
| + | third paragraphs above. | ||
| + | |||
| + | |||
| + | ARTICLE 61. | ||
| + | |||
| + | The recipients of Turkish civil and military pensions who acquire | ||
| + | under the present Treaty the nationality of a State other than Turkey, | ||
| + | shall have no claim against the Turkish Government in respect of their | ||
| + | pensions. | ||
| + | |||
| + | |||
| + | ARTICLE 62. | ||
| + | |||
| + | Turkey recognises the transfer of any claims to payment or repayment | ||
| + | which Germany, Austria, Bulgaria or Hungary may have against her, in | ||
| + | accordance with Article 261 of the Treaty of Peace concluded at | ||
| + | Versailles on the 28th June, 1919, with Germany, and the corresponding | ||
| + | articles of the Treaties of Peace of the l0th September, 1919, with | ||
| + | Austria; of the 27th November, 1919, with Bulgaria; and of the 4th | ||
| + | June, 1920 with Hungary. | ||
| + | |||
| + | The other Contracting Powers agree to release Turkey from the debts | ||
| + | for which she is liable on this account. | ||
| + | |||
| + | The claims which Turkey has against Germany, Austria, Bulgaria and | ||
| + | Hungary, are also transferred to the aforesaid Contracting Powers. | ||
| + | |||
| + | |||
| + | ARTICLE 63. | ||
| + | |||
| + | The Turkish Government, in agreement with the other Contracting | ||
| + | Powers, hereby releases the German Government from the obligation | ||
| + | incurred by it during the war to accept Turkish Government currency | ||
| + | notes at a specified rate of exchange in payment for goods to be | ||
| + | exported to Turkey from Germany after the war. | ||
| + | |||
| + | |||
| + | PART III.<br> | ||
| + | ECONOMIC CLAUSES.<br> | ||
| + | ARTICLE 64.<br> | ||
| + | |||
| + | In this part, the expression "Allied Powers" means the Contracting | ||
| + | Powers other than Turkey. | ||
| + | |||
| + | The term "Allied nationals" includes physical persons, companies and | ||
| + | associations of the Contracting Powers other than Turkey, or of a | ||
| + | State or territory under the protection of one of the said Powers. | ||
| + | |||
| + | The provisions of this Part relating to "Allied nationals" shall | ||
| + | benefit persons who without having the nationality of one of the | ||
| + | Allied Powers, have, in consequence of the protection which they in | ||
| + | fact enjoyed at the hands of these Powers, received from the Ottoman | ||
| + | authorities the same treatment as Allied nationals and have, on this | ||
| + | account, been prejudiced. | ||
| + | |||
| + | |||
| + | SECTION I.<br> | ||
| + | PROPERTY, RIGHTS AND INTERESTS.<br> | ||
| + | ARTICLE 65.<br> | ||
| + | |||
| + | Property, rights and interests which still exist and can be identified | ||
| + | in territories remaining Turkish at the date of the coming into force | ||
| + | of the present Treaty, and which belong to persons who on the 29th | ||
| + | October, 1914, were Allied nationals, shall be immediately restored to | ||
| + | the owners in their existing state. | ||
| + | |||
| + | Reciprocally, property, rights and interests which still exist and can | ||
| + | be identified in territories subject to the sovereignty or | ||
protectorate of the Allied Powers on the 29th October, 1914, or in | protectorate of the Allied Powers on the 29th October, 1914, or in | ||
| − | territories detached from the Ottoman Empire after the Balkan | + | territories detached from the Ottoman Empire after the Balkan wars and |
| − | wars and subject to-day to the sovereignty of any such Power, | + | subject to-day to the sovereignty of any such Power, and which belong |
| − | and which belong to Turkish nationals, shall be immediately | + | to Turkish nationals, shall be immediately restored to the owners in |
| − | restored to the owners in their existing state. The same provision | + | their existing state. The same provision shall apply to property, |
| − | shall apply to property, rights and interests which belong to | + | rights and interests which belong to Turkish nationals in territories |
| − | Turkish nationals in territories detached from the Ottoman | + | detached from the Ottoman Empire under the present Treaty, and which |
| − | Empire under the present Treaty, and which may have been | + | may have been subjected to liquidation or any other exceptional |
| − | subjected to liquidation or any other exceptional | + | measure whatever on the part of the authorities of the Allied Powers. |
| − | whatever on the part of the authorities of the Allied Powers. | + | |
| + | All property, rights and interests situated in territory detached from | ||
| + | the Ottoman Empire under the present Treaty, which, after having been | ||
| + | subjected by the Ottoman Government to an exceptional war measure, are | ||
| + | now in the hands of the Contracting Power exercising authority over | ||
| + | the said territory, and which can be identified, shall be restored to | ||
| + | their legitimate owners, in their existing state. The same provision | ||
| + | shall apply to immovable property which may have been liquidated by | ||
| + | the Contracting Power exercising authority over the said | ||
| + | territory. All other claims between individuals shall be submitted to | ||
| + | the competent local courts. | ||
| + | |||
| + | All disputes relating to the identity or the restitution of property | ||
| + | to which a claim is made shall be submitted to the Mixed Arbitral | ||
| + | Tribunal provided for in Section V of this Part. | ||
| + | |||
| + | |||
| + | ARTICLE 66. | ||
| + | |||
| + | In order to give effect to the provisions of the first and second | ||
| + | paragraphs of Article 65 the High Contracting Parties will, by the | ||
| + | most rapid procedure, restore the owners to the possession of their | ||
| + | property, rights and interests free from any burdens or encumbrances | ||
| + | with which such property, rights and interests may have been charged | ||
| + | without the consent of the said owners. It will be the duty of the | ||
| + | Government of the Power effecting the restitution to provide for the | ||
| + | compensation of third parties who may have acquired the property | ||
| + | directly or indirectly from the said Government and who may be injured | ||
| + | by this restitution. Disputes which may arise in connection with such | ||
| + | compensation shall be dealt with by the ordinary courts. | ||
| + | |||
| + | In all other cases it will be open to any third parties who may be | ||
| + | injured to take action against whoever is responsible, in order to | ||
| + | obtain compensation. | ||
| + | |||
| + | In order to give effect to these provisions all acts of transfer or | ||
| + | other exceptional war measures, which the High Contracting Parties may | ||
| + | have carried out in respect of enemy property, rights and interests, | ||
| + | shall be immediately cancelled and stayed when liquidation has not yet | ||
| + | been completed. Owners who make claims shall be satisfied by the | ||
| + | immediate restitution of their property, rights and interests as soon | ||
| + | as these shall have been identified. | ||
| + | |||
| + | When at the date of the signature of the present Treaty the property, | ||
| + | rights and interests, the restitution of which is provided for in | ||
| + | Article 65. have been liquidated by the authorities of one of the High | ||
| + | Contracting Parties, that Party shall be discharged from the | ||
| + | obligation to restore the said property, rights and interests by | ||
| + | payment of the proceeds of the liquidation to the owner. If, on | ||
| + | application being made by the owner, the Mixed Arbitral Tribunal | ||
| + | provided for by Section V finds that the liquidation was not effected | ||
| + | in such conditions as to ensure the realisation of a fair price, it | ||
| + | will have the power, in default of agreement between the parties, to | ||
| + | order the addition to the proceeds of the liquidation of such amount | ||
| + | as it shall consider equitable. The said property, rights and | ||
| + | interests shall be restored if the payment is not made within two | ||
| + | months from the agreement with the owner or from the decision of the | ||
| + | Mixed Arbitral Tribunal mentioned above. | ||
| + | |||
| + | |||
| + | ARTICLE 67. | ||
| + | |||
| + | Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and | ||
| + | Turkey on the other hand undertake mutually to facilitate, both by | ||
| + | appropriate administrative measures and by the delivery of all | ||
| + | documents relating thereto, the search on their territory for, and the | ||
| + | restitution of, movable property of every kind taken away, seized or | ||
| + | sequestrated by their armies or administrations in the territory of | ||
| + | Turkey, or in the territory of Greece, Roumania or the | ||
| + | Serb-Croat-Slovene State respectively, which are actually within the | ||
| + | territories in question. | ||
| − | + | Such search and restitution will take place also as regards property | |
| − | + | of the nature referred to above seized or sequestrated by German, | |
| − | + | Austro-Hungarian or Bulgarian armies or administrations in the | |
| − | + | territory of Greece, Roumania or the Serb-Croat-Slovene State, which | |
| − | + | has been assigned to Turkey or to her nationals, as well as to | |
| − | + | property seized or sequestrated by the Greek, Roumanian or Serbian | |
| − | + | armies in Turkish territory, which has been assigned to Greece, | |
| − | + | Roumania or the Serb-Croat-Slovene State or to their nationals. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Applications relating to such search and restitution must be made | |
| − | + | within six months from the coming into force of the present Treaty. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | ARTICLE 68. | |
| − | + | ||
| − | + | ||
| − | + | Debts arising out of contracts concluded, in districts in Turkey | |
| − | + | ||
| − | + | ||
occupied by the Greek army, between the Greek authorities and | occupied by the Greek army, between the Greek authorities and | ||
| − | administrations on the one hand and Turkish nationals on the | + | administrations on the one hand and Turkish nationals on the other, |
| − | other, shall be paid by the Greek Government in accordance with | + | shall be paid by the Greek Government in accordance with the |
| − | + | provisions of the said contracts. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
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| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | ARTICLE 69. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | No charge, tax or surtax to which, by virtue of the privileges which | |
| − | + | they enjoyed on the 1st August, 1914, Allied nationals and their | |
| + | property were not subject, shall be collected from Allied subjects or | ||
| + | their property in respect of the financial years earlier than the | ||
| + | financial year 1922-23. | ||
| − | + | If any sums have been collected after the 15th May, 1923, in respect | |
| − | + | of financial years earlier than the financial year 1922-l923, the | |
| + | amount shall be refunded to the persons concerned, as soon as the | ||
| + | present Treaty comes into force. | ||
| − | + | No claim for repayment shall be made as regards sums encashed before | |
| + | the 15th May, 1923. | ||
| + | |||
| + | |||
| + | ARTICLE 70. | ||
| + | |||
| + | Claims based on Articles 65, 66 and 69 must be lodged with the | ||
| + | competent authorities within six months, and, in default of agreement, | ||
| + | with the Mixed Arbitral Tribunal within twelve months, from the coming | ||
| + | into force of the present Treaty. | ||
| + | |||
| + | |||
| + | ARTICLE 7I. | ||
| + | |||
| + | The British Empire, France, [taly, Roumania and the Serb-Croat-Slovene | ||
| + | State or their nationals having begun claims or suits with regard to | ||
| + | their property, rights and interests against the Ottoman Government | ||
| + | before the 29th October, 1914, the provisions of this Section will not | ||
| + | prejudice such claims or suits. | ||
| + | |||
| + | Claims or suits begun against the British, French, Italian, Roumanian | ||
| + | or Serb-Croat-Slovene Governments by the Ottoman Government or its | ||
| + | nationals will similarly not be prejudiced. These claims or suits will | ||
| + | be continued against the Turkish Government and against the other | ||
| + | Governments mentioned in this Article under the conditions existing | ||
| + | before the 29th October, I9I4, due regard being had to the abolition | ||
| + | of the Capitulations. | ||
| + | |||
| + | |||
| + | ARTICLE 72. | ||
| + | |||
| + | In the territories which remain Turkish by virtue of the present | ||
| + | Treaty, property, rights and interests belonging to Germany, Austria, | ||
| + | Hungary and Bulgaria or to their nationals, which before the coming | ||
| + | into force of the present Treaty have been seized or occupied by the | ||
| + | Allied Governments, shall remain in the possession of tlxese | ||
| + | Governments until the conclusion of arrangements between them and the | ||
| + | German, Austrian, Hungarian and Bulgarian Governments or their | ||
| + | nationals who are concerned. If the above-mentioned property, rights | ||
| + | and interests have been liquidated, such liquidation is confirmed. | ||
| + | |||
| + | In the territories detached from Turkey under the present Treaty, the | ||
| + | Governments exercising authority there shall have power, within one | ||
| + | year from the coming into force of the present Treaty, to liquidate | ||
| + | the property, rights and interests belonging to Germany, Austria, | ||
| + | Hungary and Bulgaria or to their nationals. | ||
| + | |||
| + | The proceeds of liquidations, whether they have already been carried | ||
| + | out or not, shall be paid to the Reparation Commission established by | ||
| + | the Treaty of Peace concluded with the States concerned, if the | ||
| + | property liquidated belongs to the German, Austrian, Hungarian or | ||
| + | Bulgarian State. In the case of liquidation of private property, the | ||
| + | proceeds of liquidation shall be paid to the owners direct. | ||
| + | |||
| + | The provisions of this Article do not apply to Ottoman limited | ||
| + | Companies. | ||
| + | |||
| + | The Turkish Government shall be in no way responsible for the measures | ||
| + | referred to in the present Article. | ||
| + | |||
| + | |||
| + | SECTION II .<br> | ||
CONTRACTS, PRESCRIPTIONS AND JUDGMENTS.<br> | CONTRACTS, PRESCRIPTIONS AND JUDGMENTS.<br> | ||
| − | + | ARTICLE 73.<br> | |
| + | |||
| + | The following classes of contracts concluded, before the date | ||
| + | mentioned in Article 82, between persons who thereafter became enemies | ||
| + | as defined in that Article, remain in force subject to the provisions | ||
| + | of the contracts and to the stipulations of the present Treaty: | ||
| + | |||
| + | (a) Contracts for the sale of real property, even if all formalities | ||
| + | may not have been concluded, provided that delivery did in fact take | ||
| + | place before the date on which the parties became enemies as defined | ||
| + | in Article 82. | ||
| + | |||
| + | (b) Leases and agreements for leases of land and houses entered into | ||
| + | between individuals. | ||
| + | |||
| + | (c) Contracts between individuals regarding the exploitation of mines, | ||
| + | forests or agricultural estates. | ||
| + | |||
| + | (d) Contracts of mortgage, pledge or lien. | ||
| + | |||
| + | (e) Contracts constituting companies, excepting "societes en 'nom | ||
| + | collectif' " which do not constitute, under the law to which they are | ||
| + | subject, an entity separate from that of the persons of which they are | ||
| + | composed (partnerships). | ||
| + | |||
| + | (f) Contracts, whatever may be their purpose, concluded between | ||
| + | individuals or companies and the State, provinces, municipalities or | ||
| + | other similar juridical persons charged with administrative functions. | ||
| + | |||
| + | (g) Contracts relating to family status. | ||
| + | |||
| + | (h) Contracts relating to gifts or bounties of any kind whatever. | ||
| + | |||
| + | This Article cannot be invoked in order to give to contracts a | ||
| + | validity different from that which they had in themselves when they | ||
| + | were concluded. | ||
| + | |||
| + | It does not apply to concessionary contracts. | ||
| + | |||
| + | |||
| + | ARTICLE 74. | ||
| + | |||
| + | Insurance contracts are governed by the provisions of the Annex to | ||
| + | this Section. | ||
| + | |||
| + | |||
| + | ARTICLE 75. | ||
| + | |||
| + | Contracts other than those specified in Articles 73 and 74 and other | ||
| + | than concessionary contracts, which were entered into between persons | ||
| + | who subsequently became enemies, shall be considered as having been | ||
| + | annulled as from the date on which the parties became enemies. | ||
| + | |||
| + | Nevertheless, either of the parties to the contract shall have power, | ||
| + | within three months from the coming into force of the present Treaty, | ||
| + | to require the execution of the contract, on condition of paying, | ||
| + | where the circumstances demand it, to the other party compensation | ||
| + | calculated according to the difference between the conditions | ||
| + | prevailing at the time when the contract was concluded and those | ||
| + | prevailing at the time when its maintenance is required. In default of | ||
| + | agreement between the parties, this compensation shall be fixed by the | ||
| + | Mixed Arbitral Tribunal. | ||
| + | |||
| + | |||
| + | ARTICLE 76. | ||
| + | |||
| + | The validity of all compromises entered into before the coming into | ||
| + | force of the present Treatybetween nationals of the Contracting | ||
| + | Powers, parties to contracts specified in Articles 73 to 75, | ||
| + | particularly those providing for the cancellation, the maintenance, | ||
| + | the methods of execution, or the modification of such contracts, | ||
| + | including agreements relating to the currency of payment or the rate | ||
| + | of exchange, is confirmed. | ||
| + | |||
| + | |||
| + | ARTICLE 77. | ||
| + | |||
| + | Contracts between Allied and Turkish nationals concluded after the | ||
| + | 30th October, I918, remain in force and will be governed by the | ||
| + | ordinary law. | ||
| + | |||
| + | Contracts duly concluded with the Constantinople Government between | ||
| + | the 30th October, I9I8, and the I6th March, I920, also remain in force | ||
| + | and will be governed by the ordinary law. | ||
| + | |||
| + | All contracts and arrangements duly concluded after the 16th March, | ||
| + | I920, with the Constantinople Government concerning territories which | ||
| + | remained under the effective control of the said Government, shall be | ||
| + | submitted to the Grand National Assembly of Turkey for approval, if | ||
| + | the parties concerned make application within three months from the | ||
| + | coming into force of the present Treaty. Payments made under such | ||
| + | contracts shall be duly credited to the party who has made them. | ||
| + | |||
| + | If approval is not granted, the party concerned shall, if the | ||
| + | circumstances demand it, be entitled to compensation corresponding to | ||
| + | the direct loss which has been actually suffered; such compensation, | ||
| + | in default of an amicable agreement, shall be fixed by the Mixed | ||
| + | Arbitral Tribunal. | ||
| + | |||
| + | The provisions of this Article are not applicable either to | ||
| + | concessionary contracts or to transfers of concessions. | ||
| + | |||
| + | |||
| + | ARTICLE 78. | ||
| + | |||
| + | All disputes which already exist, or may arise within the period of | ||
| + | six months mentioned below, relating to contracts, other than | ||
| + | concessionary contracts, between parties who subsequently became | ||
| + | enemies, shall be determined by the Mixed Arbitral Tribunal, with the | ||
| + | exception of disputes which, in accordance with the laws of neutral | ||
| + | Powers are within the competence of the national courts of those | ||
| + | Powers. In the latter case, such disputes shall be determined by the | ||
| + | said national courts, to the exclusion of the Mixed Arbitral | ||
| + | Tribunal. Applications relating to disputes which, under this Article, | ||
| + | are within the competence of the Mixed Arbitral Tribunal, must be | ||
| + | presented to the said Tribunal within a period of six months from the | ||
| + | date of its establishment. | ||
| + | |||
| + | After the expiration of this period, disputes which have not been | ||
| + | submitted to the Mixed Arbitral Tribunal shall be determined by the | ||
| + | competent courts in accordance with the ordinary law. | ||
| + | |||
| + | The provisions of this Article do not apply to cases in which all the | ||
| + | parties to the contract resided in the same country during the war and | ||
| + | there freely disposed of their persons and their property, nor to | ||
| + | disputes in respect of which judgment was given by a competent court | ||
| + | before the date on which the parties became enemies. | ||
| + | |||
| + | |||
| + | ARTICLE 79. | ||
| + | |||
| + | All periods whatever 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 the | ||
| + | 29th October, I9I4, until the expiration of three months after the | ||
| + | coming into force of the present Treaty. | ||
| − | + | This provision applies, in particular, to periods of time allowed for | |
| − | + | the presentation of interest or dividend coupons, or for the | |
| − | + | presentation for payment of securities drawn for redemption or | |
| − | + | repayable on any other ground. | |
| − | + | ||
| − | + | As regards Roumania, the above-mentioned periods shall be considered | |
| − | + | as having been suspended as from the 27th August 19I6. | |
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| − | |||
| − | + | ARTICLE 80. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | As between enemies no negotiable instrument made before the war shall | |
| − | + | be deemed to have become invalid by reason only of failure within the | |
| − | the | + | required time to present the instrument for acceptance or payrnent, 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. | ||
| − | + | When the period within which a negotiable instrument should have been | |
| − | + | presented for acceptance or payment, or within which notice of | |
| + | non-acceptance or non-payment should have been given to the drawers or | ||
| + | endorsers, or within which the instrument should have been protested, | ||
| + | has expired during the war, and when the party who should have | ||
| + | presented or protested the instrument or given notice of | ||
| + | non-acceptance or non-payment, has failed to do so during the war, a | ||
| + | period of three months from the coming into force of the present | ||
| + | Treaty shall be allowed within which the presentation, notice of | ||
| + | non-acceptance or non-payment, or protest may be made. | ||
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| − | |||
| − | + | ARTICLE 8I. | |
| − | + | ||
| − | + | Sales effected during the war in order to realise pledges or mortgages | |
| − | + | created before the war as security for debts which have become | |
| − | + | payable, shall be deemed valid, although it may not have been possible | |
| − | + | to perform all the formalities required for notifying the debtor, | |
| − | + | subject to the express right of the said debtor to summon the creditor | |
| − | + | before the Mixed Arbitral Tribunal to render accounts, failing which | |
| − | + | the creditor will be liable to be cast in damages. | |
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| − | been possible to perform all the formalities required for notifying | + | |
| − | the debtor, subject to the express right of the said debtor to | + | |
| − | summon the creditor before the Mixed Arbitral Tribunal to | + | |
| − | render accounts, failing which the creditor will be liable to be cast | + | |
| − | in damages. | + | |
| − | + | It shall be the duty of the Mixed Arbitral Tribunal to settle the | |
accounts between the parties, to investigate the conditions under | accounts between the parties, to investigate the conditions under | ||
| − | which the property pledged or mortgaged was sold, and to order | + | which the property pledged or mortgaged was sold, and to order the |
| − | the creditor to make good any loss suffered by the debtor as a | + | creditor to make good any loss suffered by the debtor as a result of |
| − | result of the sale if the creditor acted in bad faith or if he did not | + | the sale if the creditor acted in bad faith or if he did not take all |
| − | take all steps in his power to avoid having recourse to a sale or to | + | steps in his power to avoid having recourse to a sale or to cause the |
| − | cause the sale to be conducted in such conditions as to ensure the | + | sale to be conducted in such conditions as to ensure the realisation |
| − | realisation of a fair price. | + | of a fair price. |
| − | + | The present provision is applicable only between enemies and does not | |
| − | does not extend to transactions referred to above which may | + | extend to transactions referred to above which may have been carried |
| − | have been carried out after the Ist May, 1923. | + | out after the Ist May, 1923. |
| − | |||
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| − | |||
| − | + | ARTICLE 82. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | For the purposes of the present Section, the parties to a contract | |
| − | + | shall be regarded as enemies from the date on which trading between | |
| − | + | them became impossible in fact or was prohibited or became unlawful | |
| − | + | under laws, orders or regulations to which one of the parties was | |
| − | + | subject. | |
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| − | + | ||
| − | + | ||
| − | + | By way of exception to Articles 73-75, 79 and 80, contracts shall be | |
| − | + | governed by the ordinary law if they were concluded within the | |
| − | + | territory of one of the High Contracting Parties between enemies | |
| − | shall be | + | (including companies) or their agents, if this territory was an enemy |
| − | + | country for one of the contracting parties who remained there during | |
| − | + | the war and was there able to dispose freely of his person and | |
| + | property. | ||
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| − | + | ARTICLE 83. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | The provisions of this Section do not apply between Japan and Turkey; | |
| − | + | matters dealt with in this Section shall, in both of these countries, | |
| − | + | be determined in accordance with the local law. | |
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| − | + | ANNEX.<br> | |
| − | + | I. LIFE ASSURANCE.<br> | |
| − | + | Paragraph I.<br> | |
| − | + | ||
| − | + | ||
| − | + | Life assurance contracts 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. | |
| − | + | ||
| − | + | ||
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| − | + | ||
| − | or | + | |
| − | + | ||
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| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Every sum which, during the war, became due upon a contract deemed not | |
| − | + | to have been dissolved in accordance with the preceding paragraph, | |
| − | + | shall be recoverable after the war. This sum shall be increased by | |
| − | + | interest at 5 per cent. per annum from the date of its becoming due up | |
| − | + | to the day of payment. | |
| − | shall | + | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | If 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 moment within twelve months from | |
| − | + | 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 | |
| − | + | annulation, together with interest at 5 per cent. per annum. | |
| − | + | ||
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| − | + | ||
| − | + | Turkish nationals whose life insurance contracts entered into before | |
| − | + | the 29th October, 1914, have been cancelled or reduced before the | |
| − | + | Treaty for non-payment of premiums in accordance with the provisions | |
| − | + | of the said contracts, shall have the right, within three months from | |
| − | + | the coming into force of the present Treaty, if they are still alive, | |
| − | + | to restore their policies for the whole of the amount assured. For | |
| − | + | this purpose they must, after having undergone a medical examination | |
| − | + | by the doctor of the company, the result of which the company | |
| − | + | considers satisfactory, pay the premiums in arrear with compound | |
| − | the right within | + | interest at 5 per cent. |
| − | force of the present Treaty to | + | |
| − | the | + | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Paragraph 2. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | It is understood that life assurance contracts in money other than the | |
| − | + | Turkish pound, entered into before the 29th October, 19I4, between | |
| − | + | companies possessing the nationality of an Allied Power and Turkish | |
| − | + | nationals, in respect of which the premiums have been paid before and | |
| − | the | + | after the 18th November, 1915, or even only before that date, shall be |
| − | + | regulated, first, by determining the rights of the assured in | |
| − | + | accordance with the general conditions of the policy for the period | |
| + | before the 18th November, 1915, in the currency stipulated in the | ||
| + | contract at the current rate in its country of origin (for example, | ||
| + | every amount stipulated in francs, in gold francs, or in "francs | ||
| + | effectifs" will be paid in French francs), secondly, for the period | ||
| + | after the 18th November, 19I5, in Turkish pounds paper-the Turkish | ||
| + | pound being taken at the pre-war par value. | ||
| − | + | If Turkish nationals whose contracts were entered into in currency | |
| − | + | other than Turkish currency show that they have continued to pay their | |
| − | + | premiums since the 18th November, 1915, in the currency stipulated in | |
| − | + | the contracts, the said contracts shall be settled in the same | |
| − | + | currency at the current rate in its country of origin, even for the | |
| − | + | periocl after the 18th November, 19I5. | |
| − | + | ||
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| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Turkish nationals whose contracts, entered into before the 29th | |
| − | + | October, 1914, in currency other than Turkish currency with companies | |
| + | possessing the nationality of an Allied Power are, owing to payment of | ||
| + | premiums, still in force, shall have the right within three months | ||
| + | after the coming into force of the present Treaty to restore their | ||
| + | policies for the full amount, in the currency stipulated in their | ||
| + | contract, at the current rate in its country of origin. For this | ||
| + | purpose they must pay in this currency the premiums which have become | ||
| + | due since the 18th November, 1915. On the other hand, the premiums | ||
| + | actually paid by them in Turkish pounds paper since that date will be | ||
| + | repaid to them in the same currency. | ||
| − | + | Paragraph 3. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | As regards insurances in Turkish pounds, settlement shall be made in | |
| − | + | Turkish pounds paper. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | Paragraph 4. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | The provisions of paragraphs 2 and 3 do not apply to policy holders | |
| − | + | who, by an express agreement, have already settled with the insurance | |
| − | + | companies the fixation of the value of their policies and the method | |
| − | + | of payment of their premiums, nor to those whose policies shall have | |
| + | been finally settled at the date of the coming into force of the | ||
| + | present Treaty. | ||
| − | + | Paragraph 5. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | For the purposes of the preceding paragraphs, insurance contracts | |
| − | + | shall be considered as contracts of life insurance when they depend on | |
| − | + | the probabilities of human life, combined with the rate of interest, | |
| − | + | for the calculation of the reciprocal engagement between the two | |
| − | + | parties. | |
| − | + | II. MARINE INSURANCE. | |
| − | + | ||
| − | + | Paragraph 6. | |
| − | + | ||
| − | + | Subject to the provisions therein contained, contracts of marine | |
| − | + | insurance will not be deemed to have been dissolved where the risk had | |
| − | + | attached before the parties became enemies, but the policy shall not | |
| − | + | be deemed to cover losses due to belligerent action by the Power of | |
| − | + | which the insurer was a national or by the allies of that Power. | |
| − | + | ||
| − | + | III. FIRE AND OTHER INSURANCES. | |
| − | + | ||
| − | + | Paragraph 7. | |
| − | + | ||
| − | + | Subject to the reserve contained in the preceding paragraph, fire | |
| − | + | insurance contracts and all other forms of insurance contracts are not | |
| − | + | deemed to be dissolved. | |
| − | + | ||
| − | + | ||
| − | + | SECTION III.<br> | |
| − | + | DEBTS.<br> | |
| − | + | ARTICLE 84.<br> | |
| − | + | ||
| − | + | The High Contracting Parties are in agreement in recognising that | |
| − | + | debts which were payable before the war or which became payable during | |
| − | + | the war under contracts entered into before the war, and which | |
| − | + | remained unpaid owing to the war, must be settled and paid, in | |
| − | + | accordance with the provisions of the contracts, in the currency | |
| − | + | agreed upon, at the rate current in its country of origin. | |
| − | + | ||
| − | + | Without prejudice to the provisions of the Annex to Section II of this | |
| − | + | part, it is agreed that where payments to be made under a pre-war | |
| − | + | contract are represented by sums collected during the war in whole or | |
| − | + | in part in a currency other than that mentioned in the said contract, | |
| − | + | such payments can be made by handing over the sums actually collected, | |
| − | + | in the currency in which they were collected. This provision shall not | |
| − | + | affect settlements inconsistent with the foregoing provisions arrived | |
| − | + | at by voluntary agreement between the parties before the coming into | |
| − | + | force of the present Treaty. | |
| − | + | ||
| − | + | ||
| − | + | ARTICLE 85. | |
| − | + | ||
| − | + | The Ottoman Public Debt is by general agreement left outside the scope | |
| − | + | of.this Section and of the other Sections of this Part (Economic | |
| − | + | Clauses). | |
| − | + | ||
| − | + | ||
| − | + | SECTION IV.<br> | |
| + | INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY.<br> | ||
| + | ARTICLE 86.<br> | ||
| + | |||
| + | Subject to the stipulations of the present Treaty, rights of | ||
| + | industrial, literary and artistic property as they existed on the 1st | ||
| + | August, I9I4, in accordance with the law of each of the contracting | ||
| + | countries, 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 of their legal | ||
| + | representatives. Equally, rights which, but for the war, could have | ||
| + | been acquired during the war, by means of an application legally made | ||
| + | for the protection of industrial property or of 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. | ||
| + | |||
| + | Without prejudice to the rights which are required to be restored in | ||
| + | accordance with the above provision, all acts (including the grant of | ||
| + | licences) done by virtue of the special measures taken during the war | ||
| + | by a legislative, executive or administrative authority of an Allied | ||
| + | Power in regard to the rights of Turkish nationals in respect of | ||
| + | industrial, literary or artistic property, shall remain in force and | ||
| + | continue to have their full effect. This provision applies mutatis | ||
| + | mutandis to corresponding measures taken by Turkish authorities in | ||
| + | regard to the rights of the nationals of any Allied Power. | ||
| + | |||
| + | |||
| + | ARTICLE 87. | ||
| + | |||
| + | A minimum of one year from the coming into force of the present Treaty | ||
| + | shall be granted, without surtax or penalty of any kind, to Turkish | ||
| + | nationals in the territory of each of the other Contracting Powers, | ||
| + | and to the nationals of these Powers in Turkey, within which they may | ||
| + | accomplish any act, fulfil any formality, pay any fees, and generally | ||
| + | satisfy any obligation prescribed by the laws and regulations of the | ||
| + | respective States for preserving or obtaining or opposing the grant of | ||
| + | rights to industriai property which had already been acquired on the | ||
| + | 1st August, I9I4, or which, but for the war, might have been acquired | ||
| + | since that date by means of an application made before or during the | ||
| + | war. | ||
| + | |||
| + | Rights to industrial property which have lapsed by reason of any | ||
| + | failure to accomplish any act, fulfil any formality, or pay any fees | ||
| + | shall be revived, but subject, in the case of patents and designs, to | ||
| + | the adoption of such measures as each Power may deem reasonably | ||
| + | necessary for the protection of the rights of third parties who have | ||
| + | exploited or made use of patents or designs since they had lapsed. | ||
| + | |||
| + | The period from the Ist August, I9I4, until the coming into force of | ||
| + | the present Treaty shall be excluded in calculating the time within | ||
| + | which a patent has to be exploited or a trade-mark or design used, and | ||
| + | it is further agreed that no patent, trade-mark or design in force on | ||
| + | the Ist August, I9I4, shall be subject to revocation or cancellation | ||
| + | by reason only of the failure to exploit such patent or use such | ||
| + | trade-mark or design, for two years after the coming into force of the | ||
| + | present Treaty. | ||
| + | |||
| + | |||
| + | ARTICLE 88. | ||
| + | |||
| + | No action shall be brought and no claim made on the one hand by | ||
| + | Turkish nationals or persons residing or carrying on business in | ||
| + | Turkey, and on the other hand by nationals of the Allied Powers or | ||
| + | persons residing or carrying on their business in the territory of | ||
| + | these Powers, nor by third parties having derived title during the war | ||
| + | from such persons, by reason of any occurrence which has taken place | ||
| + | within the territory of the other party, between the date of the | ||
| + | beginning of a state of war and that of the coming into force of the | ||
| + | present Treaty, which might tve held to constitute an infringement of | ||
| + | rights of industrial property or rights of literary or artistic | ||
| + | property either existing at any time during the war, or revived under | ||
| + | the provisions of Article 86. | ||
| + | |||
| + | Among the occurrences referred to above are included the use by the | ||
| + | Governments of the High Contracting Parties, or by any person acting | ||
| + | on their behalf, or with their consent, of rights of industrial, | ||
| + | literary or artistic property, as well as the sale, the offering for | ||
| + | sale or the use of products, apparatus, or any articles whatsoever to | ||
| + | which these rights apply. | ||
| + | |||
| + | |||
| + | ARTICLE 89. | ||
| + | |||
| + | Licences for the use of industrial property, or for the reproduction | ||
| + | of literary or artistic works, granted before the war by or to | ||
| + | nationals of the Allied Powers or persons residing in their | ||
| + | territories or carrying on business therein, on the one hand, to or by | ||
| + | Turkish nationals on the other hand, shall be considered as cancelled | ||
| + | as from the date of the beginning of a state of war between Turkey and | ||
| + | the Allied Power concerned. But in any case, the former beneficiary of | ||
| + | a licence of this kind shall have the right within a period of six | ||
| + | months from the coming into force of the present Treaty to require | ||
| + | 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 Mixed Arbitral Tribunal referred to in Section V | ||
| + | of this Part. The Tribunal shall have the power, where the | ||
| + | circumstances demand it, to fix at the same time the amount which it | ||
| + | considers fair payment for the use of the property during the war. | ||
| + | |||
| + | |||
| + | ARTICLE 90 | ||
| + | |||
| + | The inhabitants of territories detached from Turkey under the present | ||
| + | Treaty shall, notwithstanding this transfer and the change of | ||
| + | nationality consequent thereon, continue in complete enjoyment in | ||
| + | Turkey of all the rights in industrial, literary and artistic property | ||
| + | to which they were entitled under Ottoman law at the time of transfer. | ||
| + | |||
| + | Rights of industrial, literary and artistic property which are in | ||
| + | existence in territories detached from Turkey under the present Treaty | ||
| + | at the time of separation, or which are re-established or restored by | ||
| + | the provisions of Article 86, shall be recognised by the State to | ||
| + | which the said territory is transferred, and shall remain in existence | ||
| + | in that territory for the same period of time as that which they would | ||
| + | have enjoyed under Ottoman law. | ||
| + | |||
| + | |||
| + | ARTICLE 91 | ||
| + | |||
| + | All grants of patents and registrations of trade-marks, as well as all | ||
| + | registrations of transfers or assignments of patents or trade marks | ||
| + | which have been duly made since the 30th October, 1918, by the | ||
| + | Imperial Ottoman Government at Constantinople or elsewhere, shall be | ||
| + | submitted to the Turkish Government and registered, if the parties | ||
| + | concerned make an application within three months from the coming into | ||
| + | force of the present Treaty. Such registration shall have effect as | ||
| + | from the date of the original registration. | ||
| + | |||
| + | |||
| + | SECTION V.<br> | ||
| + | MIXED ARBITRAL TRIBUNAL.<br> | ||
| + | ARTICLE 92.<br> | ||
| + | |||
| + | Within three months from the date of the coming into force of the | ||
| + | present Treaty, a Mixed Arbitral Tribunal shall be established between | ||
| + | each of the Allied Powers, on the one hand, and Turkey, on the other | ||
| + | hand. | ||
| + | |||
| + | Each of these Tribunals shall be composed of three members, two being | ||
| + | appointed respectively by each of the Governments concerned, who shall | ||
| + | be entitled to designate several persons from whom, according to the | ||
| + | case in question, they will choose one to sit as a member of the | ||
| + | Tribunal. The president shall be chosen by agreement between the two | ||
| + | Governments concerned. | ||
| + | |||
| + | In case of failure to reach agreement within two months from the | ||
| + | coming into force of the present Treaty, the president shall be | ||
| + | appointed, upon the request of one of the Governments concerned, from | ||
| + | among nationals of Powers which remained neutral during the war, by | ||
| + | the President of the Permanent Court of International Justice at The | ||
| + | Hague. | ||
| + | |||
| + | If within the said period of two months one of the Governments | ||
| + | concerned does not appoint a member to represent it on the Tribunal, | ||
| + | the Council of the League of Nations will have power to proceed to the | ||
| + | appointment of such member upon the request of the other Government | ||
| + | concerned. | ||
| + | |||
| + | If a member of the Tribunal should die or resign or for any reason | ||
| + | become unable to perform his duties, he shall be replaced by the | ||
| + | method laid down for his appointment, the above period of two months | ||
| + | running from the date of death, resignation or inability as duly | ||
| + | verified. | ||
| + | |||
| + | |||
| + | ARTICLE 93. | ||
| + | |||
| + | The seat of the Mixed Arbitral Tribunals shall be at | ||
| + | Constantinople. If the number and character of the cases justify it, | ||
| + | the Governments concerned shall be entitled to create in each Tribunal | ||
| + | onc or more additional Sections, the seat of which shall be in | ||
| + | whatever place may be convenient. Each of these Sections shall be | ||
| + | composed of a vice-president and two members appointed as laid down in | ||
| + | the second, third, fourth and fifth paragraphs of Article 92. | ||
| + | |||
| + | Each Government shall appoint one or more agents to represent it | ||
| + | before the Tribunal. | ||
| + | |||
| + | If, after three years from the establishment of a Mixed Arbitral | ||
| + | Tribunal, or of one of its Sections, such Tribunal or Section has not | ||
| + | finished its work, and if the Power on whose territory such Tribunal | ||
| + | or Section has its seat so requests, the seat shall be removed from | ||
| + | such territory. | ||
| + | |||
| + | ARTICLE 94. | ||
| + | |||
| + | The Mixed Arbitral Tribunals established pursuant to Articles 92 and | ||
| + | 93 shall decide all questions within their competence under the | ||
| + | present Treaty. | ||
| + | |||
| + | Decisions shall be taken by a majority. | ||
| + | |||
| + | The High Contracting Parties agree to regard the decisions of the | ||
| + | Mixed Arbitral Tribunals as final and conclusive, and to render them | ||
| + | binding upon their nationals, and to ensure their enforcement in their | ||
| + | respective territories as soon as the decisions of the Tribunals are | ||
| + | notified to them, without it being necessary to have them declared | ||
| + | executory. | ||
| + | |||
| + | The High Contracting Parties further undertake that their Tribunals | ||
| + | and authorities shall directly assist the fixed Arbitral Tribunals in | ||
| + | every way that is in their power, particularly as re- gards the | ||
| + | transmission of notices and the collection of evidence. | ||
| + | |||
| + | |||
| + | ARTICLE 95. | ||
| + | |||
| + | The Mixed Arbitral Tribunals shall be guided by justice, equity and | ||
| + | good faith. | ||
| + | |||
| + | Each Tribunal will determine the language to be used before it, and | ||
| + | shall order such translations to be made as are necessary to ensure | ||
| + | that the proceedings are completely understood; it will lay down rules | ||
| + | and time limits for the procedure to be observed. These rules must be | ||
| + | based on the following principles: | ||
| + | |||
| + | (I) The procedure shall include the presentation of a memorial and a | ||
| + | counter-memorial respectively, with the option of presenting a reply | ||
| + | and a rejoinder. If either of the parties asks for leave to present an | ||
| + | oral argument he will be permitted to do so; in such case the other | ||
| + | party will have the same right. | ||
| + | |||
| + | (2) The Tribunal shall have full power to order enquiries, the | ||
| + | production of documents, and expert examinations, to make a view, to | ||
| + | demand any information, to hear any witnesses and to ask the parties | ||
| + | or their representatives for any verbal or written explanations. | ||
| + | |||
| + | (3) Subject to any contrary provision in the present Treaty, no claim | ||
| + | shall be admitted after the expiry of a period of six months from the | ||
| + | establishment of the Tribunal, except upon express authority contained | ||
| + | in a decision of the said Tribunal and justified as an exceptional | ||
| + | measure by considerations relating to distance or force majeure. | ||
| + | |||
| + | (4) It shall be the duty of the Tribunal to hold as many sittings each | ||
| + | week as may be needed for the prompt despatch of its business, except | ||
| + | during vacations, which shall not exceed a total of eight weeks a | ||
| + | year. | ||
| + | |||
| + | (5) Judgment must always be given within at most two months from the | ||
| + | end of the hearing, after which the Tribunal will at once proceed to | ||
| + | consider its judgment. | ||
| + | |||
| + | (6) Oral arguments, if any, shall be heard in public, and in all cases | ||
| + | judgment shall be delivered in public. | ||
| + | |||
| + | (7) Each Mixed Arbitral Tribunal shall be entitled to hold sittings | ||
| + | elsewhere than in the place where its seat is established, if it | ||
| + | considers it advantageous for the despatch of business. | ||
| + | |||
| + | |||
| + | ARTICLE 96. | ||
| + | |||
| + | The Governments concerned shall appoint by agreement a | ||
| + | Secretary-General for each Tribunal, and shall each attach to him one | ||
| + | or more Secretaries. The Secretary-General and the Secretaries shall | ||
| + | be under the orders of the Tribunal, which with the consent of the | ||
| + | Governments concerned shall be entitled to engage any persons whose | ||
| + | assistance it may need. | ||
| + | |||
| + | The Secretariat of each Tribunal shall have its offices at | ||
| + | Constantinople. The Governments concerned shall have power to | ||
| + | establish additional offices in such other places as may be | ||
| + | convenient. | ||
| + | |||
| + | Each Tribunal shall keep in its Secretariat the records, papers and | ||
| + | documents relating to the cases submitted to it, and upon the | ||
| + | completion of its duties it shall deposit them in the archives of the | ||
Government of the country where its seat is established. These | Government of the country where its seat is established. These | ||
| − | archives shall always be accessible to the Governments concerned. | + | archives shall always be accessible to the Governments concerned. |
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | ARTICLE 97. | |
| − | + | ||
| − | + | ||
| − | + | Each Government shall pay the emoluments of the member of the Mixed | |
| − | + | Arbitral Tribunal whom it appoints, as well as those of any agent or | |
| − | + | secretary appointed by it. | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | The emoluments of the President and those of the Secretary-General | |
| − | + | shall be fixed by agreement between the Governments concerned, and | |
| − | + | these emoluments and the general expenses of the Tribunal shall be | |
| − | + | paid in equal shares by the two Governments. | |
| − | + | ||
| − | the provisions thereof, the multilateral treaties, conventions and | + | |
| − | agreements of an economic or technical character enumerated | + | ARTICLE 98. |
| − | below shall enter again into force between Turkey and those of | + | |
| − | the other Contracting Powers party thereto: | + | The present section shall not apply to cases between Japan and Turkey, |
| + | which, according to the terms of the present Treaty, would fall within | ||
| + | the competence of the Mixed Arbitral Tribunal. Such cases shall be | ||
| + | settled by agreement between the two Govern- ments. | ||
| + | |||
| + | |||
| + | SECTION VI.<br> | ||
| + | TREATIES.<br> | ||
| + | ARTICLE 99.<br> | ||
| + | |||
| + | 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 | ||
| + | shall enter again into force between Turkey and those of the other | ||
| + | Contracting Powers party thereto: | ||
| + | |||
| + | (I) 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 the | ||
| + | International Office of Public Hygiene at Paris; | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
(4) Convention of June 7, 1905, regarding the creation of an | (4) Convention of June 7, 1905, regarding the creation of an | ||
| − | + | International Agricultural Institute at Rome; | |
| − | + | ||
| − | (5) Convention of July 16, 1863, for the redemption of the toll | + | (5) Convention of July 16, 1863, for the redemption of the toll dues |
| − | + | on the Scheldt; | |
| − | + | ||
| − | + | (6) Convention of October 29, 1888, regarding the establishment of a | |
| − | + | definite arrangement guaranteeing the free use of the Suez Canal, | |
| − | + | subject to the special stipulations provided for by Article 19 of the | |
| − | + | present Treaty; | |
| − | + | ||
| − | + | (7) Conventions and Agreements of the Universal Postal Union, | |
| − | + | including the Conventions and Agreements signed at Madrid on November | |
| − | + | 30, 1920; | |
| − | + | ||
| − | + | (8) International Telegraphic Conventions signed at St. Petersburgh on | |
| − | + | July 10-22, 1875; Regulations and Tariffs drawn up by the | |
| − | + | International Telegraph Conference, Lisbon, June 11, 1908. | |
| − | + | ||
| − | + | ||
| − | + | ARTICLE 100. | |
| − | + | ||
| − | + | Turkey undertakes to adhere to the Conventions or Agreements | |
| − | + | enumerated below, or to ratify them: | |
| − | + | ||
| − | + | (I) Convention of October 11, 1909, regarding the inter- national | |
| − | + | circulation of motor cars; | |
| − | + | ||
| − | + | (2) Agreement of May 15, 1886, regarding the sealing of railway trucks | |
| − | + | subject to customs inspection and Protocol of May 18, 1907; | |
| − | + | ||
| − | + | (3) Convention of September 23, 1910, respecting the unification of | |
| − | + | certain regulations regarding collisions and salvage at sea; | |
| − | + | ||
| − | + | (4) Convention of December 21, 1904, regarding exemption of hospital | |
| − | + | ships from dues and charges in ports; | |
| − | + | ||
| − | + | (5) Conventions of May 18, 1904, of May 4, 1910, and of September 30, | |
| − | + | 1921, regarding the suppression of the White Slave Traffic; | |
| − | + | ||
| − | + | (6) Conventions of May 4, 1910, regarding the suppression of obscene | |
| − | + | publications; | |
| − | + | ||
| − | + | (7) Sanitary Convention of January 17, 1912, Articles 54, 88 and 90 | |
| − | + | being reserved; | |
| − | + | ||
| − | + | (8) Conventions of November 3, 1881, and April 15, 1889, regarding | |
| − | + | precautionary measures against phylloxera; | |
| − | + | ||
| − | + | (9) Opium Convention, signed at The Hague, January 23, 1912, and | |
| − | |||