LAUSANNE PEACE TREATY

LAUSANNE PEACE TREATY

I. Treaty of Peace

Treaty with Turkey and other Instruments signed at Lausanne

FINAL ACT

The Governments of the British Empire, France and Italy, in agreement with the government of Japan, being desirous of finally re-establishing peace in the East, and having invited on the one hand Greece, Romania, the Serb-Croat-Slovena State, and also the United States of America, and on the other hand Turkey, to examine together the arrangements by which a result equally desired by all the nations might be achieved;

And considering further than among the subjects falling to be dealt with by this Conference the question of the Straits ought to be specially examined, Bulgaria and Russia, as littoral Powers of the Black Sea, being invited to participate in the negotiations and the decisions to be taken;

And having decided that Belgium and Portugal should be allowed to take part in the discussion on the economic and financial questions which arose for those two Powers from the state of war in the East;

In Consequence the delegates hereafter mentioned met at Lansanne:

For The British Empire:

The Most Honourable George Nathaniel, Marquess Curzen of Kedleston, K.G., G.C.S.I., G.C.I.E., Secretary of State for Foreign Affairs;

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

For France:

M. Camille Barrere, Ambassador of the French Republic to His Majesty the King of Italy, Grand Cross of the National Order of the Legion of Honour;

M. Maurice Bompard, Senator, Ambassador of France, Grand Officer of the National Order of the Legion of Honour;

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

For Italy:

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;

M.Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;

For Japan:

Baron Hayashi, Junii, First, Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Londor;

Mr. Kentaro Otchisi, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

For Greece:

M. Eleftherics K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

For Roumania:

M. Ion G. Duca, Minister for Foreign Affairs;

M. Constantine I. Diamandy, Minister Plenipotentiary

M. Constantine Centzesco, Minister Plenipotentiary;

For the Sere-Groat-Slovens State:

M. Montehilo Nintehiteh, Minister for Foreign Affairs;

M. Miroslav Spalaikovitch, Euvoy Extraordinary and Minister Plenipotentiary at Paris;

M. Milan Rakitch, Envoy Extraordinary and Minister Plenipotentiary at Sofia;

Dr. Milutin Yuvanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;

For the United States of America:

The Honourable Richard Washburn Child, Ambassador of the United States at Rome;

Rear-Admiral Mark L. Bristol, High Commissioner of the United States at Constantinople;

The Honourable Joseph C. Grew, Minister of the United States at Berne;

For Turkey:

Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople;

Dr. Riza Nour Bey, Minister for Health and for Public Assistance, Deputy for Sinope;

Hasan Bey, formerly Minister, Deputy for Trebizond;

For Bulgaria:

M. Alexander Stamboliisky, President of the Council, Minister for Foreign Affairs;

M. Dimitri Stancioff, Doctor of Law, Envoy Extraordinary and Minister Plenipotentiary at London, Grand Cross of the Order of Saint Alexander:

M. Kosta Todoroff, Envoy Extraordinary and Minister Plenipotentiary at Belgrade;

Subsequently:

Begdan Morphoff, formerly Minister of Railways Posts and Telegraphs;

For Russia:

M. George V. Chicherin;

M. Christian G. Rakovsky;

M. Polikarp G. Mdivani;

M. Watzlaw W. Vorowski;

For Belgium:

M.F. Peltzer, Officer of the Order of Leopold, Envoy Extraordinary and Minister Plenipotentiary at Berne;

For Portugal:

M. Antonio Maria Bartholomew Ferreira, Envoy Extraordinary and Minister Plenipotentiary at Berne, Commander of the Order of Saint James and the Sword.

As the result of meetings held between the 20th November, 1922, and the 24th July, 1923, during which certain other Powers had the opportunity of presenting their views on the questions which they considered of interest to themselves, the Instruments hereafter mentioned have been drawn up:

  1. Treaty of Peace, signed the 24th July, 1923.
  2. Convention respecting the Régime of the Straits, signed the 24th July, 1923.
  3. Convention respecting the Thracian Frontiers, signed the 24th July, 1923.
  4. Convention respecting Conditions of Residence and Business and Jurisdiction, signed the 24th July, 1923.
  5. Commercial Convention, signed the 24th July, 1923.
  6. Convention respecting the Exchange of Greek and Turkish Populations, and Protocol, signed the 30th January, 1923.
  7. Graeco-Turkish Agreement on the Restitution of Interned Civilians and the Exchange of Prisoners of War, signed the 30th January, 1923.
  8. Amnesty Declaration, and Protocol, signed the 24th July, 1923.
  9. Declaration relating to Moslem Properties in Greece, signed the 24th July, 1923.
  10. Declaration relating to Sanitary Matters, signed the 24th July, 1923.
  11. Declaration relating to the Administration of Justice, signed the 24th July, 1923.
  12. Protocol relating to certain Concessions granted in the Ottoman Empire, and Declaration, signed the 24th July, 1923.
  13. Protocol relating to the accession of Belgium and Portugal to certain provisions of Instruments signed at Lausanne, and Declarations of these two Powers concerning such accession, signed the 24th July, 1923.
  14. Protocol relating to the Evacuation of the Turkish territory occupied by the British, French and Italian Forces, and Declaration, signed the 24th July, 1923.
  15. Protocol relating to the Karagatich territory and to the islands of Imbros and Tenedos, signed by the British Empire, France, Italy Japan, Greece and Turkey on the 24th July, 1923
  16. Protocol, signed on the 24th July, 1923, relating to the Treaty, concluded at Sèvres between the Principal Allied Powers and Greece on the 10th August, 1920, concerning the Protection of Minorities in Greece, and to the Treaty relating to Thrace concluded on the same day between the same Powers.
  17. Protocol relating to signature by the Serb-Croat-Slovene State, signed the 24th July, 1923.

The originals of the above-mentioned Instruments, as well as of the present Act. shall remain deposited in the archives of the Government of the French Republic, and certified copies of each shall be delivered by that Government to the Powers which signed or acceded or adhered to it, as the case may be, and also to the Powers which signed the Treaty of Peace.

In faith whereof the Undersigned have signed and sealed the present Act.

Done at Lausanne, the 24th July, 1923, in a single copy.

(L.S.) Horace Rumbold.

(L.S.) Pellé

(L.S.) Garroni

(L.S.) G.C. Montagna

(L.S.) K. Otchiai

(L.S.) E.K. Veniselos

(L.S.) Const. Diamondy

(L.S.) Const. Contzesco

(L.S.) M. Ismet

(L.S.) Dr. Ryza Nur

(L.S.) Hassan

(L.S.) B. Morphoff

(L.S.) Stanciofe

(L.S.) Fernand Peltzer

(L.S.) A. M. Bartholomeu Ferreira

Preamble

THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the SERB-CROAT-SLOVENS STATE

of the one part,

and TURKEY,

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,

Being anxious to re-establish the relations of friends and commerce 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 THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

THE PRESIDENT OF THE FRENCH REPUBLIC:

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

HIS MAJESTY THE KING OF ITALY:

The Honourable Marquis Camillo Carroni, 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;

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;

HIS MAJESTY THE EMPEROR OF JAPAN:

Mr. Kentaro Otchiai, Jusamini, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

HIS MAJESTY THE KING OF THE HELLENES:

M. Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

HIS MAJESTY THE KING OF ROUMANIA:

M. Constantine I. Diamandy, Minister Plenipotentiary;

M. Constantine Contzesco, Minister Plenipotentiary;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:

Dr.Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;

THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:

Ismet Pasha Minister for Foreign Affairs, Deputy for Adrianople;

Dr. Ryza Nour Bey, Minister for Health and for Public Asistance, Deputy for Sinope;

Hassan Bey, formerly Minister, Deputy for Trebizond;

Who, having produced their full power, found in good and due form, have agreed as follows:

Part I. Political Clauses

Article 1

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.

Section I.

1. Territorial Clauses

Article 2.

From the Black Sea to the Aegean the frontier of Turkey is laid down as follows (see Map No.1).

(1) 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;

(2) With Greece:

Thence to the confluence of the Arda and the Maritza;

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 Tchörek-Keuy:

The course of the Arda;

Thence in a south-easterly direction up to a point on the Maritza, 1 kilom, below Bosna-Keuy:

a roughly straight line leaving in Turkish territory the village of Bosna-Keuy. The village of Tchörek-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:

the course of the Maritza.

Article 3.

From the Mediterranean to the frontier of Persia, the frontier of Turkey is laid down as follows:

(1) With Syria:

The frontier described in Article 8 of the Franco-Turkish Agreement of the 20th October, 1921;

(2) With Iraq:

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.

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.

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 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.

In the absence of provisions to the contrary, in the present Treaty, islands and islets lying within three miles of the coast are included within the frontier of the coastal State.

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 for a 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.

Article 8

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.

Article 9

The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commission.

Article 10

The pillars will be placed so as to be inter visible. They will be numbered, and their position and their number will be noted on a cartographic document.

Article 11

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.

Article 12

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 Rabit 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 sovereignty of 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.

Article 13

With a view to ensuring the maintenance of peace, the Greek Government undertakes to observe the following restrictions in the islands of Mytilene, Chios, Samos and Nikaria:

(1) 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.

(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 in proportion to the force of gendarmerie and police existing in the whole of the Greek territory.

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 person 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 (see Map No:2)

Article 16

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 5th November, 1914.

Article 21

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 retinite 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

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 deserted 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 what over 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 Serb-Croat-Slovene State and the Czechoslovak State, as these frontiers have been or may be determined by the Treaties referred to 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 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 attribution’s 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

Morocco’s who are French nationals (“ressortissants”) and Tunisia’s 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 stipulation’s of the present Article in no way prejudge the nationality of persons of Tunisian, Libyan and Moroccan origin 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 stipulation’s 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 the French and Turkish Governments.

Section II Nationality

Article 30

Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipso facto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.

Article 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 territory of the other State where they had their place of residence before exercising their right to opt.

They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property.

Article 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 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 the consent 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.

Article 35

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 pone 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 hes husband, and the status of children under eighteen years of age by that of their parents.

Section III. Protection of Minorities

Article 37

Turkey undertakes that the stipulation’s contained in Article 38 to 44 shall be recognised as fundamental laws, and that no law, no regulation, nor official action shall conflict or interfere with these stipulation’s, nor shall any law, regulation, nor official action prevail over them.

Article 38

The Turkish Government undertakes to assure full and complete protection of life and liberty to all inhabitants of Turkey without distinction of birth, nationality, language, race or religion.

All inhabitants of Turkey shall be entitled to free exercise whether in public or private, of any creed, religion or belief, the observance of which shall not be incompatible with public order and good morals.

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 employment’s, functions and honours, or the exarchate 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 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 institutions, any of the necessary facilities which are granted 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 religions 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, he 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. Financial Clauses

Section I. Ottoman Public Debt.

Article 46

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 States 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 he 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 leans and of the provisions of this Section.

The Commission referred to in the first paragraph shall consist of a representative f 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 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 Public Debt and the representative of the debt other than the Unified Debt and the Lots Turcs. The now securities shall be delivered to the Commission, which shall ensure their delivery to the bondholders upon such terms as will provide for the release of Turkey from liability and the rights of the 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 territory of the High Contracting Parties from all stamp duties or other taxes which would be involved by such issue.

The payment of the annuities for which each of the States concerned is liable shall not be postponed as a consequence of the provisions of the present Article in regard to the distribution of the nominal capital.

Article 50

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:

(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 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 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 based on the capital amount outstanding at the date of the coming into force of the present Treaty.

Article 51

The amount of the share in the annual charges of the Ottoman Public Debt for which each State concerned is liable in consequence of the distribution provided for by Article 50 shall be determined as follows:

(1) 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 amounts 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 (1) of this Article.

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:

(1) 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 (1) 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 these 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 his 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 he 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 these 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.

Article 57

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.

ANNEX I TO SECTION I.

Table of the Ottoman Pre-War Public Debt (November 1, 1914).

Part A.

Loan Date of Contract Interest % Date of Redemption Bank of Issue
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* National Bank of Turkey
Treasury Bills, Imperial 8.21.11.1912 6 1915* Imperial Ottoman Bank
Treasury Bills, 1913 (including the bills issued directly) 19.1-1.2.1913 5 1918* Périer and Co.

*See Article 54.

Part B.

Advance Date of Contract Interest % 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

Section II Miscellaneous Clauses

Article 58

Turkey, on the one hand, and the other Contracting Powers (expect 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 Turkey, 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 (1) of the Treaty of Peace of the 28th June, 1919, with Germany, and under Article 210 (1) 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, 1908) and the 20th April, 1325 (2nd May, 1909), 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 – 14th 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 264 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 10th 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 Germany 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 Economic Clauses

Article 64

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 haven, on this account, been prejudiced.

Section I Property, Rights and Interests

Article 65

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 territories detached from the Ottoman Empire after the Balkan wars and subject to day to the sovereignty of any such Power, and which belong to Turkish nationals, shall be immediately restored to the owners in their existing state. The same provision shall apply to property, rights and interests which belong to Turkish nationals in territories detached from the Ottoman Empire under the present Treaty, and which may have been subjected to liquidation or any other exceptional measure 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 encumbrance 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 affected 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 agreements with the owner or from the decision of the Mixed Arbitral Tribunal mentioned above.

Article 67

Greece, Romania 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, Romania 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 contacts concluded, in districts in Turkey occupied by the Greek army, between the Greek authorities and administrations on the one hand and Turkish nationals on the other, shall be paid by the Greek Government in accordance with the provisions of the said contracts.

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 1922-1923, 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 encased 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 71

The British Empire, France, Italy, Roumania and the Serb-Croat-Slovone 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, 1914, 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 these 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 Contracts, Prescriptions and Judgments

Article 73

The following classes of contracts concluded, before the date mentioned in Article 82, between persons who thereafter became enemies as defined is that, Article, remain in force subject to the provisions of the contracts and to the stipulations of the present Treaty.

  1. 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.
  2. Leases and agreements for leases of land and houses entered into between individuals.
  3. Contracts between individuals regarding the exploitation of mines, forests or agricultural estates.
  4. Contracts of mortgage, pledge or lien.
  5. Contracts constituting companies, excepting “sociétés 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).
  6. 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.
  7. Contracts relating to family status.
  8. 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 there 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 contracts, 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 contracts 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 Treaty between 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, 1918, remain in force and will be governed by the ordinary law.

Contracts duly concluded with the Constantinople Government between the 30th October, 1918, and the 16th March, 1920, also remain in force and will be governed by the ordinary law.

All contracts and arrangements duly concluded after the 16th March, 1920, with the Constantinople Government concerning territories which remained under he 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 no 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 air 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 these 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, 1914, 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, 1916.

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 required time to present the instrument for acceptance or payment, or to give notice of non-acceptance or non-payment to drawers or endorsers, or to protest the instrument, nor by reason of failure to complete any formality during the war.

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 with 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.

Article 81

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.

It shall be the duty of the Mixed Arbitral Tribunal to settle the accounts between the parties, to investigate the conditions under which the property pledged or mortgaged was sold, and to order the creditor to make good any loss suffered by the debtor as a result of the sale if the creditor acted in bad faith or if he did not take all steps in his power to avoid having recourse to a sale or to cause the sale to be conducted in such conditions as to ensure the realisation of a fair price.

The present provision is applicable only between enemies and does not extend to transactions referred to above which may have been carried out after the 1st May, 1923.

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.

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 (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.

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.

Annex I. Life Assurance

Paragraph 1

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.

Ever 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.

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.

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 interest at 5 per cent.

Paragraph 2

It is understood that life assurance contracts in money other than the Turkish pound, entered into before he 29th October, 1914, between companies possessing the nationality of an Allied Power and Turkish nationals, in respect of which the premiums have been paid before and 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 effectives” will be paid in French francs, secondly, for the period after the 18th November, 1915, 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 period after the 18th November, 1915.

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 Debts

Article 84

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 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 Industrial, Literary and Artistic Property

Article 86

Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property as they existed on the 1st August, 1914, 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 industrial property which had already been acquired on the 1st August, 1914, 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 1st August, 1914, 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 1st August, 1914, 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 on persons residing or carrying or carrying out 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 be 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 occurrence 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 concealed 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 among 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.

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 Mixed Arbitral Tribunal

Article 92

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 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, be 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 one or more additional Sections, the sent of which shall be in what-ever 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 Tribunat or Section has its seat so requests, the sea shall be removed from such territory.

Article 94

The Mixed Arbitral Tribunal established pursuant to Articles 92 and 93 shall decide all question 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 assists the Mixed Arbitral Tribunals in every way that is in their power, particularly as regards 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:

  1. 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 enquires, 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 despatched 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 judgments 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 if advantageous for the dispatch 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 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

Article 98

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 Governments.

Section VI Treaties

Article 99

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:

  1. Conventions of March 14, 1884, of December 1, 1886, and of March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables;
  2. Convention of July 5, 1890, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tariffs;
  3. Arrangement of December 9, 1907, regarding the creation of the International Office of Public Hygiene at Paris;
  4. Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome;
  5. Convention of July 16, 1963, for the redemption of the toll dues on the Seheldt;
  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 stipulation’s 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. Petersburg on July 10/22, 1875; Regulations and Tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908

Article 100

Turkey undertakes to adhere to the Conventions or Agreements enumerated below, or to ratify them:

  1. Convention of October 11, 1909, regarding the international circulation of motor cars;
  2. Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 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 additional Protocol of 1914;
  10. International Radio Telegraphic Convention of July 5, 1912;
  11. Convention regarding liquor traffic in Africa, signed at Saint-German-en-Laye, September 10, 1919;
  12. Convention revising the General Act of Berlin of February 26, 1885, and the General Act and Declaration of Brussels of July 2, 1890, signed at Saint-Germain-en-Laye, September 10, 1919;
  13. Convention of October 13, 1919, regulating aerial navigation, provided that Turkey obtains, under the Protocol of May 1, 1920, such derogations as her geographical situation may render necessary;
  14. Convention of September 26, 1906, signed at Berne, prohibiting the use of white phosphorus in the manufacture of matches.

Turkey further undertakes to take part in the elaboration of new international conventions relating to telegraphy and radio-telegraphy.

Part IV Communications and Sanitary Questions

Section I Communications

Article 101

Turkey undertakes to adhere to the Convention and the Statute respecting the Freedom of Transit adopted by the conference of Barcelona on the 14th April, 1921, as well as to the Convention and the Statute respecting the regime for waterways of international interest adopted by the said Conference on the 19th April, 1921, and to the supplementary Protocol.

Turkey accordingly undertakes to bring into force the provisions of these Conventions, States and Protocol as from the entry into force of the present Treaty.

Article 102

Turkey undertakes to adhere to the Declaration of Barcelona, dated the 20th April, 1921, “recognising the rights of the flag of States not possessing a sea-board”.

Article 103

Turkey undertakes to adhere to the recommendations of the Conference of Barcelona, dated the 20th April, 1921, respecting ports placed under an international regime. Turkey will subsequently make known those ports which will be placed under that regime.

Article 104

Turkey undertakes to adhere to the recommendations of the Conference of Barcelona, dated the 20th April, 1921, respecting international railways. These recommendations will be brought into force by the Turkish Government on the coming into force of the present Treaty and subject to reciprocity

Article 105

On the coming into force of the present Treaty, Turkey agrees to subscribe to the Conventions and arrangements signed at Berne on October 14, 1890, September 20, 1893, July 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.

Article 106

When, as a result of the fixing of new frontiers, a railway connection between two parts of the country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, in so far as concerns the traffic between the two countries, shall, subject to any special arrangements, be laid down in an agreement to be concluded between the railway administrations concerned. If these administrations cannot come to an agreement as to the terms of such agreement, those conditions shall be decided by arbitration.

The establishment of all new frontier stations between Turkey and the neighbouring States, as well as the working of the lines between those stations, shall be settled by agreements similarly concluded.

Article 107

Travellers and goods coming from or destined for Turkey or Greece, and making use in transit of the three sections of the Oriental Railways included between the Greco-Bulgarian frontier and the Greco-Turkish frontier near Kuleli-Burgas, shall not be subject, on account of such transit, to any duty or toll nor to any formality of examination in connection with passports or customs.

A Commissioner, who shall be selected by the Council of the League of Nations, shall ensure that the stipulation’s of this Article are carried out.

The Greek and Turkish Governments shall each have the right to appoint a representative to be attached to this Commissioner; this representative shall have the duty of drawing the attention of the Commissioner to any question relating to the execution of the above-mentioned stipulation’s, and shall enjoy all the necessary facilities to enable him to accomplish his task. These representatives shall reach an agreement with the Commissioner as to the number and nature of the subordinate staff which they will require.

It shall be the duty of the said Commissioner to submit, for the decision of the Council of the League of Nations, any question relating to the execution of the said stipulation’s which he may not have been able to settle. The Greek and Turkish Governments undertake to carry out any decision given by the majority vote of the said Council.

The salary of the said Commissioner, as well as the expenses of his work, shall be borne in equal parts by the Greek and Turkish Governments.

In the event of Turkey constructing later a railway line joining Adrianople to the line between Kuleli-Burgas and Constantinople, the stipulation’s of this Article shall lapse in so far as concerns transit between the points on the Greco-Turkish frontier lying near Kuleli-Burgas and Bosna-Keny respectively.

Each of the two interested Powers shall have the right, after five years from the coming into force of the present Treaty, to apply to the Council of the League of Nations with a view to deciding whether it is necessary that the control mentioned in paragraphs 2 to 5 of the present Article should be maintained. Nevertheless, it remains understood that the stipulation’s of paragraph 1 shall remain in force for transit over the two sections of the Oriental Railways between the Greco-Bulgarian frontier and Bosna-Keny.

Article 108

Subject to any special provisions concerning the transfer of ports and railways, whether owned by the Turkish Government or private companies, situated in the territories detached from Turkey under the present Treaty, and similarly subject to any agreements which have been, or may be, concluded between the Contracting Powers relating to the concessionaires and the pensioning of the personnel, the transfer of railways will take place under the following conditions.

  1. The works and installations of all the railroads shall be left complete and in as good condition as possible
  2. When a railway system possessing its own rolling-stock is situated in its entirety in transferred territory, such stock shall be left complete with the railway, in accordance with the last inventory before the 30th October, 1918.
  3. As regards lines, the administration of which will in virtue of the present Treaty be divided, the distribution of the administrations taking over the several sections thereof. This agreement shall have regard to the amount of the before the 30th October, 1981, the length of the track (sidings included) and the nature and amount of the traffic. Failing agreement, the points in dispute shall be settled by arbitration. The arbitral decision shall also, if necessary, specify the locomotives, carriages and wagons to be left on each section, the conditions of their acceptance and such provisional arrangements as may be judged necessary to ensure for a limited period the current maintenance in existing workshops of the transferred stock;
  4. Stocks of stores, fittings and plant shall be left under the same conditions as the rolling-stock.

Article 109

In default of any provisions to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation, inundation, irrigation, drainage or similar matters) in a State is dependent on works executed within the territory of another State, or when use is made on the territory of a State in virtue of pre-war usage, of water or hydraulic power, the source of which is on the territory of another State, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each of them.

Failing an agreement, the matter shall be regulated by arbitration.

Article 110

Roumania and Turkey will come to an agreement as to an equitable arrangement for the working conditions of the Constanza-Constantinople cable, Failing agreements, the matter shall be settled by arbitration.

Article 111

Turkey renounces on her own behalf and on behalf of her nationals all rights, titles or privileges of whatsoever nature over the whole or part of such cables as no longer land on her territory.

If the cables or portions thereof transferred under the preceding paragraph are privately owned, the Governments to which this property is transferred will have to indemnify the owners. Failing agreement respecting the amount of indemnity, this amount will be fixed by arbitration.

Article 112

Turkey will retain the rights of property which she may already possess over those cables of which at least one end remains in Turkish territory.

The exercise of the landing rights of the said cables in non-Turkish territory and their working conditions shall be settled in a friendly manner by the States concerned. Failing agreement, the dispute will be settled by arbitration.

Article 113

Each of the High Contracting Parties hereby accepts, in so far as it is concerned, the abolition of foreign post offices in Turkey.

Section II Sanitary Questions

Article 114

The Superior Council of Health of Constantinople is abolished. The Turkish Administration is entrusted with the sanitary organisation of the coasts and frontiers of Turkey.

Article 115

A single sanitary tariff, the dues and conditions of which shall be fair, shall be applied to all ships without distinction between the Turkish flag and foreign hags, and to nationals of foreign Powers under the same conditions as to nationals of Turkey.

Article 116

Turkey undertakes to respect entirely the right of the sanitary employees whose services have been terminated to compensation to be appropriated out of the funds of the former Superior Council of Health of Constantinople, and all other rights acquired by employees or former employees of the Council, or their representatives. All questions relating to such rights, to the employment of the reserve funds of the former Superior Council of Health of Constantinople, or to the final liquidation of the former sanitary administration, as well as all other similar or cognate questions, shall be regulated by a Commission ad hoc which shall be composed of a representative of each of the Powers represented on the Superior Council of Health of Constantinople except Germany, Austria and Hungary. In the event of disagreement between the members of the said Commission on a question relating to the above-mentioned liquidation, every Power represented on the Commission shall have the right to bring the matter to the notice of the Council of the League of Nations, whose decision shall be final.

Article 117

Turkey and those Powers which are interested in the supervision of the pilgrimages to Jerusalem and to the Hedjaz and the Hedjaz railway shall take such measures as are appropriate in accordance with the provisions of international sanitary conventions. With a view to ensuring complete uniformity in the execution of these measures, these Powers and Turkey shall constitute a Sanitary Co-ordination Commission for pilgrimages, on which the sanitary service of Turkey and the Maritime Sanitary and Quarantine Council of Egypt shall be represented.

This Commission must obtain the previous consent of the State on whose territory it holds its meeting.

Article 118

Reports on the work of the Pilgrimage Co-ordination Commission shall be addressed to the Health Committee of the League of Nations and to the International Office of Public Health, and also to the Government of each country which is interested in pilgrimages and makes a request therefor. The Commission will give its opinion on every question put to it by the League of Nations, by the International Office of Public Health, or by the interested Governments.

Part V Miscellaneous Provisions

Section I Prisoners of War

Article 119

The High Contracting Parties agree to repatriate at once the prisoners of war and interned civilians who are still in their hands.

The exchange of prisoners of war and interned civilians detained by Greece and Turkey respectively forms the subject of a separate agreement between those Powers signed at Lausanne on the 30th January, 1923.

Article 120

Prisoners of war and interned civilians awaiting disposal or undergoing sentence for offences against discipline shall be repatriated irrespective of the completion of their sentence or of the proceedings pending against them.

Prisoners of war and interned civilians who are awaiting trial or undergoing sentence for offences other than those against discipline may be detained.

Article 121

The High Contracting Parties agree to give every facility in their respective territories for the search for the missing and the identification of prisoners of war and interned civilians who have expressed their desire not to be repatriated.

Article 122

The High Contracting Parties undertake to restore on the coming into force of the present Treaty all articles, money securities, documents and personal effects of every description which have belonged to prisoners of war or interned civilians and which have been retained.

Article 123

The High Contracting Parties waive reciprocally all repayments of sums due for the maintenance of prisoners of war captured by their armies.

Section II Graves

Article 124

Without prejudice to the special provisions of Article 126 of the present Treaty, the High Contracting Parties will cause to be respected and maintained within the territories under their authority the cemeteries, graves, ossuaries and memorials of soldiers and sailors who fell in action or died from wounds, accident or disease since the 29th October, 1914, as well as of prisoners of war and interned civilians who died in captivity after that date.

The High Contracting Parties will agree to accord in their respective territories all necessary facilities to such Commissions as each Contracting Power may appoint for the purpose of the identification, registration and maintenance of the said cemeteries, ossuaries and graves, and the erection of memorials on their sites. Such Commissions shall not have any military character.

The High Contracting Parties reciprocally undertake, subject to the provisions of their notional laws and the requirements of public health, to furnish each other every facility for giving effect to requests that the bodies of such soldiers and sailors may be transferred to their own country.

Article 125

The High Contracting Parties further undertake to furnish each other:

  1. A complete list of prisoners of war and interned civilians who have died in captivity, together with all information tending towards their identification.
  2. All information as to be number and position of the graves of all those who have been buried without identification.

Article 126

The maintenance of the graves, cemeteries, ossuaries and memorials of Turkish soldiers, sailors and prisoners of war who may have died on Roumanian territory since the 27th August, 1916, as well as all other obligations under Articles 124 and 125 regarding interned civilians, shall form the object of a special arrangement between the Roumanian and the Turkish Governments.

Article 127

In order to complete the general provisions included in Articles 124 and 125, the Governments of the British Empire, France and Italy on the one hand and the Turkish and Greek Governments on the other agree to the special provisions contained in Articles 128 to 136.

Article 128

The Turkish Government undertakes to grant to the Governments of the British Empire, France and Italy respectively and in perpetuity the land within the Turkish territory in which are situated the graves, cemeteries, ossuaries or memorials of their soldiers and sailors who fell in action or died of wounds, accident or disease, as well as those of prisoners of war and interned civilians who died in captivity.

The Turkish Government will also grant to those Governments the land which the Commissions provided for in Article 130 shall consider necessary for the establishment of cemeteries for the regrouping of graves, for ossuaries or memorials.

The Turkish Government undertakes further to give free access to these graves, cemeteries, ossuaries and memorials, and if need be to authorise the construction of the necessary roads and pathways.

The Greek Government undertakes to fulfil the game obligations in so far as concerns its territory.

The above provisions shall not affect Turkish or Greek sovereignty over the land thus granted.

Article 129

The land to be granted by the Turkish Government will include in particular, as regards the British Empire, the area in the region known as Anzac (Ari Burnu), which is shown on Map No.3. The occupation of the above-mentioned area shall be subject to the following conditions.

  1. This area shall not be applied to any purpose other than that laid down in the present Treaty; consequently it shall not be utilised for any military or commercial object nor for any other object foreign to the purpose mentioned above;
  2. The Turkish Government shall, at all times, have the rights to cause this area, including the cemeteries, to be inspected;
  3. The number of civil custodians appointed to look after the cemeteries shall not exceed one custodian to each cemetery. There shall not be any special custodians for the parts of the area lying outside the cemeteries;
  4. No dwelling houses may be erected in the area, either inside or outside the cemeteries, except such as are strictly necessary for the custodians;
  5. On the sea shore of the area no quay, jetty or wharfs may be built to facilitate the landing or embarkation of persons or goods;
  6. Such formalities as may be required may only be fulfilled on the coast inside he Straits and access to the area by the coast on the Aegean Sea shall only be permitted after these formalities have been fulfilled. The Turkish Government agrees that these formalities, which shall be as simple as possible, shall not be, without prejudice to the other stipulation’s of this Article, more onerous than those imposed on other foreigners entering Turkey, and that they should be fulfilled under conditions tending to avoid all unnecessary delay;
  7. Persons who desire to visit the area must not be armed, and the Turkish Government have the right to see to the enforcement of this strict prohibition;
  8. The Turkish Government must be informed at least a week in advance of the arrival of any party of visitors exceeding 150 persons.

Article 130

Each of the British, French and Italian Governments shall appoint a commission, on which the Turkish and Greek Governments will appoint a representative, to which will be entrusted the duty of regulating on the spot questions affecting the graves, cemeteries, ossuaries and memorials. The duties of these commissions shall extend particularly to:

  1. The official recognition of the zones where burials have or may have already taken place and the registration of cemeteries, ossuaries, or memorials already existing;
  2. Fixing the conditions in which, if necessary, graves may in future be concentrated, and deciding, in conjunction with the Turkish representative in Turkish territory and the Greek representative in Greek territory, the sites of the cemeteries, ossuaries and memorials still to be established, and defining the boundaries of these sites in such a way as shall restrict the land to be occupied within the limits indispensable for the purpose;
  3. Communicating to the Turkish and Greek Governments in the name of the respective Governments a final plan of their graves cemeteries, ossuaries and memorials, whether already established or to be established.

Article 131

The Government in whose favour the grant is made undertakes not to employ the land nor to allow it to be employed for any purpose other than that to which it is dedicated. If this land is situated on the coast, the shore may not be employed by the concessionary Government for any military, marine or commercial purpose of whatever nature. The sites of graves and cemeteries which may no longer be used for that purpose and which are not used for the erection of memorials shall be returned to the Turkish or Greek Government.

Article 132

Any necessary legislative or administrative measures for the grant to the British, French and Italian Governments respectively of full, exclusive and perpetual use of the land referred to in Articles 128 to 130 shall be taken by the Turkish Government and Greek Government respectively within six months of the date of the notification to be made in accordance with paragraph 3 of Article 130. If any compulsory acquisition of the land is necessary, it will be effected by and at the cost of the Turkish Government or the Greek Government, as the case may be.

Article 133

The British, French and Italian Governments may respectively entrust to such organisations as each of them may deem fit the establishment, arrangement and maintenance of the graves, cemeteries, ossuaries and memorials of their nationals. These organisations shall have no military character. They alone shall have the right to undertake the exhumation or removal of bodies necessary for the concentration of graves and establishment of cemeteries and ossuaries, as well as the exhumation and removal of such bodies as the Governments to whom the grant of land is made shall deem it necessary to transfer to their own country.

Article 134

The British, French and Italian Governments shall have the right to entrust the maintenance of their graves, cemeteries, ossuaries and memorials in Turkey to custodians appointed from among their own nationals. These custodians shall be recognised by the Turkish authorities and shall receive from them every assistance necessary for the safeguard and protection of these graves, cemeteries, ossuaries and memorials. The custodians shall have no military character but may be armed for their personal defence with a revolver or automatic pistol.

Article 135

The land referred to in Articles 128 to 131 shall not be subjected by Turkey or the Turkish authorities or the Greek authorities, as the case may be, to any form of rent or taxation. Representatives of the British, French or Italian Governments, as well as persons desirous of visiting the graves, cemeteries, ossuaries and memorials, shall at all times have free access thereto. The Turkish Government and the Greek Government respectively undertake to maintain in perpetuity the roads leading to the said land.

The Turkish Government and the Greek Government respectively undertake to afford to the British, French and Italian Governments all necessary facilities for obtaining a sufficient water supply for the requirements of the staff engaged in the maintenance or protection of the said graves, cemeteries, ossuaries and memorials, and for the irrigation of the land.

Article 136

The British, French and Italian Governments undertake to accord to the Turkish Government the benefits of the provisions contained in Articles 128 and 130 to 135 of the present Treaty for the establishment of graves, cemeteries, ossuaries and memorials of Turkish soldiers and sailors existing on the territories under their authority, including the territories detached from Turkey.

Section III General Provisions

Article 137

Subject to any agreements concluded between the High Contracting Parties, the decisions taken and orders issued since the 30th October, 1918, until the coming into force of the present Treaty, by or in agreement with the authorities of the Powers who have occupied Constantinople, and concerning the property, rights and interests of their nationals, of foreigners or of Turkish nationals, and the relations of such persons with the authorities of Turkey, shall be regarded as definitive and shall give rise to no claim against these Powers or their authorities.

All other claims arising from injury suffered in consequence of any such decisions or orders shall be submitted to the Mixed Arbitral Tribunal.

Article 138

In judicial matters, the decisions given and orders issued in Turkey from the 30, October, 1918, until the coming into force of the present Treaty by all judges, courts or authorities of the Powers who have occupied Constantinople, or by the Provisional Mixed Judicial Commission established on the 8th December, 1921, as well as the measures taken in execution of such decisions or orders, shall be regarded as definitive, without prejudice, however, to the terms of paragraphs IV and VI of the Amnesty Declaration dated this day.

Nevertheless, in the event of a claim being presented by a private person in respect of damage suffered by him in consequence of a judicial decision in favour of another private person given in a civil matter by a military or police court, this claim shall be brought before the Mixed Arbitral Tribunal, which may in a proper case, order the payment of compensation or even restitution of the property in question.

Article 139

Archives, registers, plans, title-deeds and other documents of every kind relating to the civil, judicial or financial administration, or the administration of Wakfs, which are at present in Turkey and are only of interest to the Government of a territory detached from the Ottoman Empire, and reciprocally those in a territory detached from the Ottoman Empire which are only of interest to the Turkish Governments, shall reciprocally be restored.

Archives, registers, plans, title-deeds and other documents mentioned above which are considered by the Government in whose possession they are as being also of interest to itself, may be retained by that Governments, subject to its furnishing on request photographs or certified copies to the Government concerned.

Archives, registers, plans, title-deeds and other documents which have been taken away either from Turkey or from detached territories shall reciprocally be restored in original, in so far as they concern exclusively the territories from which they have been taken.

The expense entailed by these operations shall be paid by the Government applying therefor.

The above stipulation’s apply in the same manner to the registers relating to real estates or Wakfs in the districts of the former Ottoman Empire transferred to Greece after 1912.

Article 140

Prizes made during the war between Turkey and the other Contracting Powers prior to the 30th October, 1918, shall give rise to no claim on either side. The same shall apply to seizures effected after that date, for violation of the armistice, by the Powers who have occupied Constantinople.

It is understood take no claim shall be made, either by the Governments of the Powers who have occupied Constantinople or their nationals, or by the Turkish Government or its nationals, respecting small craft of all kinds, vessels of light tonnage, yachts and lighters which any of the said Governments may, between the 29th October, 1914, until the 1st January, 1923, have disposed of in their own harbours or in harbours occupied by them. Nevertheless, this stipulation does not prejudice the terms of paragraph VI of the Amnesty Declaration dated this day, nor the claims which private persons may be able to establish against other private persons in virtue of rights held before the 29th October, 1914.

Vessels under the Turkish flag sized by the Greek forces after the 30th October, 1918, shall be restored to Turkey.

Article 141

In accordance with Article 25 of the present Treaty, Articles 155, 250 and 440 and Annex III. Part VIII (Reparation) of the Treaty of Peace of Versailles, dated the 28th June, 1919, the Turkish Government and its nationals are released from any liability to the German Government or to its nationals in respect of German vessels which were the object during the war of a transfer by the German Government or its nationals to the Ottoman Government or its nationals without the consent of the Allied Governments, and at present in the possession of the latter.

The same shall apply, if necessary, in the relations between Turkey and the other Powers which fought on her side.

Article 142

The separate Convention concluded on the 30th January, 1923, between Greece and Turkey, relating to the exchange of the Greek and Turkish populations, will have as between, these two High Contracting Parties the same force and effect as if it formed part of the present Treaty.

Article 143

The present Treaty shall be ratified as soon as possible.

The ratification’s shall be deposited at Paris.

The Japanese Government will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris when their ratification has been given; in that case, they must transmit the instrument of ratification as soon as possible.

Each of the Signatory Powers will ratify by one single instrument the present Treaty and the other instruments signed by it and mentioned in the Final Act of the Conference of Lausanne, in so far as these require ratification.

A first procès-verbal of the deposit of ratification’s shall be drawn up as soon a Turkey, on the one hand, and the British Empire, France, Italy and Japan, or any three of them, on the other hand, have deposited the instruments of their ratification’s.

From the date of this first procès-verbal the Trea, will come into force between the High Contracting Parties who have thus ratified it. Thereafter it will come into force for the other Powers at the date of the deposit of their ratification’s.

As between Greece and Turkey, however, the provisions of Articles 1, 2 (2) and 5-11 inclusive will come into force as soon as the Greek and Turkish Governments have deposited the instruments of their ratification’s, even if at that time the procès-verbal referred to above has not net been drawn up.

The French Government will transmit to all the Signatory Powers a certified copy of the procès-verbaux of the deposit of ratification’s.

In faith whereof the above-mentioned Plenipotentiaries have signed the present Treaty.

Done at Lausanne, the 24th July, 1923, in a single copy, which will be deposited in the archives of the Government of the French Republic, which will transmit a certified copy to each of the Contracting Powers.

(L.S.) Horace Rumbold

(L.S.) Pelle

(L.S.) Garroni

(L.S.) G.C. Montagna

(L.S.) K.Otchiai

(L.S.) E.K. Veniselos

(L.S.) D.Caclamanos

(L.S.) Const. Diamandy

(L.S.) Const. Contzesco

(L.S.) ………………..

(L.S.) M. İsmet

(L.S.) Dr. Ryza Nour

(L.S.) Hassan

II. Convention Relating to the Régime of the Straits

THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, BULGARIA, GREECE, ROUMANIA, RUSSIA, THE SERB-CROAT-SLOVENE STATE and TURKEY, being desirous of ensuring in the Straits freedom of transit and navigation between the Mediterranean Sea and the Black Sea for all nations, in accordance with the principle laid down in Article 23 of the Treaty of Peace signed this day.

And considering that the maintenance of that freedom is necessary to the general peace and the commerce of the world.

Have decided to conclude a Convention to this effect, and have appointed as their respective 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:

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Geneva Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

HIS MAJESTY THE KING OF ITALY:

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;

M.Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;

HIS MAJESTY THE EMPEROR OF JAPAN:

Mr.Kentaro Otchiai, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

HIS MAJESTY THE KING OF THE BULGARIANS:

M.Bogdan Morphof, formerly Minister of Railways, Posta and Telegraphs;

M.Dimitri Stanciof, Doctor of Law, Envoy Extraordinary and Minister Plenipotentiary at London, Grand Cross of the Order of Saint Alexander:

HIS MAJESTY THE KING OF THE HELLENES:

M.Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M.Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

HIS MAJESTY THE KING OF ROUMANIA:

M.Constantine I. Diamandy Minister Plenipotentiary;

M.Constantine Contzesco, Minister Plenipotentiary;

RUSSIA:

M.Nicolas Ivanovitch Iordanski;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:

Dr.Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;

THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:

İsmet Pasha, Minister for Foreign Affairs, Deputy for Adrianople;

Dr. Riza Nur Bey, Minister for Health and for Public Assistance, Deputy for Sinope;

Hassan Bey, formerly Minister, Deputy for Trebizond;

Who, having produced their full powers, found in good and the form, have agreed as follows:

Article 1

The High Contracting Parties agree to recognise and declare the principle of freedom of transit and of navigation by sea and by air in the Strait of the Dardanelles, the Sea of Marmora and the Bosphorus, hereinafter comprised under the general term of the “Straits”.

Article 2

The transit and navigation of commercial vessels and aircraft, and of war vessels and aircraft in the Straits in time of peace and in time of war shall henceforth be regulated by the provisions of the attached Annex.

ANNEX

Rules for the Passage of Commercial Vessels and Aircraft, and of War Vessels and Aircraft through the Straits

1.

Merchant Vessels, including Hospital Ships, Yachts and Fishing Vessels and non-Military Aircraft.

(a) In Time of Peace

Complete freedom of navigation and passage by day and by night under any flag and with any kind of cargo, without any formalities, or tax, or charge whatever (subject, however, to international sanitary provisions) unless for services directly rendered, such as pilotage, light, towage or other similar charges, and without prejudice to the rights exercised in this respect by the services and undertakings now operating under concessions granted by the Turkish Government.

To facilitate the collection of these dues, merchant vessels passing the Straits will communicate to stations appointed by the Turkish Government their name, nationality, tonnage and destination.

Pilotage remains optional

(b)In Time of War, Turkey being Neutral

Complete freedom of navigation and passage by day and by night under the same conditions as above. The duties and rights of Turkey as a neutral Powercannot authorise her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral just as in time of peace.

Pilotage remains optional

(c)In Time of War, Turkey being a Belligerent

Freedom of navigation for neutral vessels and neutral non-military aircraft, if the vessel or aircraft in question does not assist the enemy, particularly by carrying contraband, troops or enemy nationals. Turkey will have the right to visit and search such vessels and aircraft, and for this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey. The rights of Turkey to apply to enemy vessels the measures allowed by international law are not affected.

Turkey will have full power to take such measures as she may consider necessary to prevent enemy vessels from using the Straits. These measures, however, are not to be of such a nature as to prevent the free passage of neutral vessels, and Turkey agrees to provide such vessels with either the necessary instructions or pilots for the above purpose.

2.

Warships, including Fleet Auxiliaries, Troopships Aircraft Carriers and Military Aircraft.

(a)In Time of Peace.

Complete freedom of passage by day and by night under any flag, without any formalities, or tax, or charge whatever, but subject to the following restrictions as to the total force:

The maximum force which any one Power may send through the Straits into the Black Sea is not to be greater than that of the most powerful fleet of the littoral Powers of the Black Sea existing in that sea at the time of passage; but with the proviso that the Powers reserve to themselves the right to send into the Black Sea, at all times and under all circumstances, a force of not more than three ships, of which no individual ship shall exceed 10,000 tons.

Turkey has no responsibility in regard to the number of war vessels which pass through the Straits.

In order to enable the above rule to be observed, the Straits Commission provided for in Article 10 will, on the 1st January and the 1st July of each year, enquires of each Black Sea littoral Power the number of each of the following classes of vessel which such Power possesses in the Black sea; Battle-ships, battle-cruisers aircraft-carriers, cruisers, destroyers, submarines or other types of vessels as well as naval aircraft; distinguishing between the ships which are in active commission and the ships with reduced complements, the ships in reserve and the ships undergoing repairs or alterations.

The Straits Commission will then inform the Powers concerned that the strongest naval force in the Black Sea comprises: Battleships, battle-cruisers aircraft carriers, cruisers, destroyers, submarines, aircraft and units other types which may exist. The Straits Commission will also immediately inform the Powers concerned when, owing to the passage into or out of the Black Sea of any ship of the strongest Black Sea force, any alteration in that force has taken place.

The naval force that may be sent through the Straits into the Black Sea will be calculated on the number and type of the ships of war in active commission only.

(b)In Time of War, Turkey being Neutral

Complete freedom of passage by day and by night under any flag, without any formalities, or tax, or charge whatever, under the same limitations as in paragraph 2(a)

However, these limitations will not be applicable to any belligerent Power to the prejudice of its belligerent rights in the Black Sea.

The rights and duties of Turkey as a neutral Power cannot authorise her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral, just as in time of peace.

Warships and military aircraft of belligerents will be forbidden to make any capture, to exercise the right of visit and search, or to carry out any other hostile act in the Straits.

As regards revictualling and carrying out repairs, war vessels will be subject to the terms of the terms of the Thirteenth Hague Convention of 1907, dealing with maritime neutrality.

Military aircraft will receive in the Straits similar treatment to that accorded under the Thirteenth Haugue Convention of 1907 to warships, pending the conclusion of an international Convention establishing the rules of neutrality for aircraft.

(c)In Time of War, Turkey being Belligerent

Complete freedom of passage for neutral warship, without any formalities, or tax, or charge whatever, but under the same limitations as in paragraph 2 (a).

The measures taken by Turkey to prevent enemy ships and aircraft from using the Straits are not to be of such a nature as to prevent the free passage of neutral ships and aircraft, and Turkey agrees to provide the said ships and aircraft with cither the necessary instructions or pilots for the above purpose.

Neutral military aircraft will make the passage of the Straits at their own risk and peril, and will submit to investigation as to their character. For this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey.

3.

(a) The passage of the Straits by submarines of Powers at peace with Turkey must be made on the surface.

(b) The officer in command of a foreign naval force, whether coming from the Mediterranean or the Black Sea, will communicate, without being compelled to stop, to a signal station at the entrance to the Dardanelles or the Bosphorus, the number and the names of vessels under his orders which are entering the Straits.

These signal stations shall be notified from time to time by Turkey; until such signal stations are notified, the freedom of passage for foreign war vessels in the Straits shall not thereby be prejudiced, nor shall their entry into the Straits be for this reason delayed.

(c) The right of military and non-military aircraft to fly over the Straits, under the conditions laid down in the present rules, necessitates for aircraft.

(i) Freedom to fly over a strip of territory of five kilometres wide on each side of the narrow parts of the Straits;

(ii) Liberty, in the event of a forced landing, to alight on the coast or on the sea in the territorial waters of Turkey.

4. Limitation of Time of Transit for Warships

In no event shall warships in transit through the Straits, except in the event of damage or peril of the sea, remain therein beyond the time which is necessary for them to effect their passage, including the time of anchorage during the night if necessary for safety of navigation.

5. Stay in the Ports of the Straits and of the Black Sea

(a) Paragraphs 1, 2 and 3 of this Annex apply to the passage of vessels, warships and aircraft through and over the Straits and do not affect the right of Turkey to make such regulations as she may consider necessary regarding the number of men-of-war and military aircraft of any one Power which may visit Turkish ports or aerodromes at one time, and the duration of their stay.

(b) Littoral Powers of the Black Sea will also have a similar right as regards their ports and aerodromes.

(c) The light-vessels which the Powers at present represented on the European Commission of the Danube maintain as stationaries at the months of that river as far up as Galatz will be regarded as additional to the men-of-war referred to in paragraph 2, and may be replaced in case of need.

6. Special Provisions relating to Sanitary Protection

Warships which have on board cases of plague, cholera or typhus, or which have had such cases on board during the last seven days, and warships which have left an infected port within less than five times 24 hours must pass through the Straits in quarantine and apply by the means on board such prophylactic measures as are necessary to prevent any possibility of the Straits being infected.

The same rule shall apply to merchant ships having a doctor on board and passing straight through the Straits without calling at a port or breaking bulk.

Merchant ships not having a doctor on board shall be obliged to comply with the international sanitary regulations before entering the Straits, even if they are not to call at a port therein.

Warships and merchant vessels calling at one of the ports in the Straits shall be subject in that port to the international sanitary regulations applicable in the port in question.

Article 3

With a view to maintaining the Straits free from any obstacle to free passage and navigation, the provisions contained in Articles 4 to 9 will be applied to the waters and shores thereof as well as to the islands situated therein, or in the vicinity.

Article 4

The zones and islands indicated below shall be demilitarised:

  1. Both shores of the Straits of the Dardanelles and the Bosphorus over the extent of the zones delimited below (see the attached map)

Dardanelles:

On the north-west, the Gallipoli Peninsula and the area south-east of a line traced from a point on the Gulf of Xeros 4 kilometres north-east of Bakla-Burnu, reaching the Sea of Marmora at Kumbaghi and passing south of Kavak (this village excluded);

On the south-east, the area included between the coast and a line 20 kilometres from the coast, starting from Cape Eski-Stamboul opposite Tenedos and reaching the Sea of Marmora at a point on the coast immediately north of Karabigha.

Bosphorus (without prejudice to the special provisions relating to Constantinople contained in Article 8);

On the east, the area extending up to a line 15 kilometres from the wastern shore of the Bosphorus;

On the west, the area up to a line 15 kilometres from the western shore of the Bosphorus.

2) All the islands in the Sea of Marmora, with the exception of the island of Emir Ali Adasi.

3) In the Aegean Sea, the islands of Samothrace, Lemnos, Imbros, Tenedos and Rabbit Islands.

Article 5

A Commission composed of four representatives appointed respectively by the Governments of France, Great Britain, Italy and Turkey shall meet within 15 days of the coming into force of the present Convention to determine on the spot the boundaries of the zone laid down in Article 4 (1).

The Governments represented on that Commission with pay the salaries of their respective representatives.

Any general expenses incurred by the Commission shall be borne in equal shares by the Powers represented thereon.

Article 6

Subject to the provisions of Article 8 concerning Constantinople, there shall exist, in the demilitarised zones and islands, no fortifications, no permanent artillery organisation, no submarine engines of war other than submarine vessels, no military aerial organisation, and no naval base.

No armed forces shall be stationed in the demilitarised zones and islands except the police and gendarmerie forces necessary for the maintenance of order; the armament of such forces will be composed only of revolvers, swords, rifles and four Lewis guns per hundred men, and will exclude any artillery.

In the territorial waters of the demilitarised zones and islands, there shall exist no submarine engines of war other than submarine vessels.

Not withstanding the preceding paragraphs Turkey will retain the right to transport her armed forces through the denfilitarised zones and islands of Turkish territory, as well as through their territorial waters, where the Turkish fleet will have the right to anchor.

Moreover, in so far as the Straits are concerned, the Turkish Government shall have the right to observe by means of aeroplanes or balloons both the surface and the bottom of the sea. Turkish aeroplanes will always be able to fly over the waters of the Straits and the demilitarised zones of Turkish territory, and will have full freedom to alight therein, either on land or on sea.

In the demilitarised zones and islands and in their territorial waters, Turkey and Greece shall similarly be entitled to effect such outside these zones and islands of the men recruited therein.

Turkey and Greece shall have the right to organise in the said zones and islands in their respective territories any system of observation and communication, both telegraphic, telephonic and visual. Greece shall be entitled to send her fleet into the territorial waters of the demilitarised Greek islands, but may not use these waters as a base of operations against Turkey nor for any military or naval concentration for this purpose.

Article 7

No submarine engines of war other than submarine vessels shall be installed in the waters of the Sea of Marmora.

The Turkish Government shall not install any permanent battery or torpedo tubes, capable of interfering with the passage of the Straits, in the coastal zone of the European shore of the Sea of Marmora or in the coastal zone on the Anatolian shore situated to the cast of the demilitarised zone of the Bosphorus as far as Darije.

Article 8

At Constantinople, including for this purpose Stamboul, Pera, Galata, Seutari, as well as Princes islands, and in the immediate neighbourhood of Constantinople, there may be maintained for the requirements of the capital, a garrison with a maximum strength of 12,000 men. An arsenal and naval base may also be maintained at Constantinople.

Article 9

If, in case of war, Turkey, or Greece, in pursuance of their belligerent rights, should modify in any way the provisions of demilitarisation prescribed above, they will be bound to re-establish as soon as pace is concluded the regime laid down in the present Convention.

Article 10

There shall be constituted at Constantinople an International Commission composed in accordance with Article 12 and called the “Straits Commission.”

Article 11

The Commission will exercise its functions over the waters of the Straits.

Article 12

The Commission shall be composed of a representative of Turkey, who shall be President, and representatives of France, Great Britain, Italy, Japan, Bulgaria, Greece, Roumania, Russia, and the Serb-Croat-Slovene State, in so far as these Powers are signatories of the present Convention, each of these Powers being entitled to representation as from its ratification of the said Convention.

The United States of America, in the event of their acceding to the present Convention, will also be entitled to have one representative on the Commission.

Under the same conditions any independent littoral States of the Black Sea which are not mentioned in the first paragraph of the present Article will possess the same right.

Article 13

The Governments represented on the Commission will pay the salaries of their representatives. Any incidental expenditure incurred by the Commission will be borne by the said Governments in the proportion laid down for the division of the expenses of the League of Nations.

Article 14

It will be the duty of the Commission to see that the provisions relating to the passage of warships and military aircraft are carried out; these provisions are laid down in paragraphs 2, 3 and 4 of the Annex to Article 2.

Article 15

The Straits Commission will carry out its functions under the auspices of the League of Nations, and will address to the League and annual report giving an account of its activities, and furnishing all information which may be useful in the interests of commerce and navigation; with this object in view the Commission will place itself in touch with the departments of the Turkish Government dealing with navigation through the Straits.

Article 16

It will be the duty of the Commission to prescribe such regulations as may be necessary for the accomplishment of its task.

Article 17

The terms of the present Convention will not infringe the right of Turkey to move her fleet freely in Turkish waters.

Article 18

The High Contracting Parties, desiring to secure that the demilitarisation of the Straits and of the contiguous zones shall not constitute an unjustifiable danger to the military security of Turkey, and that no act of war should imperil the freedom of the Straits or the safety of the demilitarised zones, agree as follows:

Should the freedom of navigation of the Straits or the security of the demilitarised zones be imperilled by a violation of the provisions relating to freedom of passage, or by a surprise attack or some act of war or threat of war, the High Contracting Parties, ad in any case France, Great Britain, Italy and Japan, acting in conjunction, will meet such violation, attack, or other act of war or threat of war, by all the means that the Council of the League of Nations may decide for this purpose.

So soon as the circumstance which may have necessitated the action provided for in the preceding paragraph shall have ended, the regime of the Straits as laid down by the terms of the present Convention shall again be strictly applied.

The present provision, which forms an integral part of those relating to the demilitarisation and to the freedom of the Straits, does not prejudice the rights and obligations of the High Contracting Parties under the Covenant of the League of Nations.

Article 19

The High Contracting Parties will use every possible endeavour to induce non-signatory Power to accede to the present Convention.

This adherence will be notified through the diplomatic channel to the Government of the French Republic, and by that Government to all signatory or adhering States. The adherence will take effect as from the date of notification to the French Government.

Article 20

The present Convention shall be ratified. The ratification’s shall be deposited at Paris as soon as possible.

The Convention will come into force in the same way as the Treaty of Peace signed this day. In so far as concerns those Powers who are not signatories of this Treaty and who at that date shall not yet have ratified the present Convention, this Convention will come into force as from the date on which they deposit their respective ratification’s, which deposit shall be notified to the other Contracting Powers by the French Government.

In faith whereof the above-named Plenipotentiaries have signed the present Convention.

Done at Lausanne the 24th July, 1923, in a single copy which will remain deposited in the archives of the Government of the French Republic, and of which authenticated copies will be transmitted to each of the Contracting Powers.

(L.S.) Horoce Rumbold.

(L.S.) Pellé

(L.S.) Garroni

(L.S.) G.C. Montagna

(L.S.) K. Otchiai

(L.S.) B.Morphoff

(L.S.) Stancioff

(L.S.) E.K. Venisélos

(L.S.) D. Caclamanos

(L.S.) Const. Diamandy

(L.S.) Const. Contzeso

( ) ………………..

( ) ………………..

(L.S.) M. İsmet

(L.S.) Dr. Ryza Nur

(L.S.) Hassan

III. Convention Respecting the Thracian Frontier

THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, BULGARIA, GREECE, ROUMANIA, THE SERB-CROAT-SLOVENE STATE and TURKEY, being desirous of ensuring the maintenance of peace on the frontiers of Thrace.

And considering it necessary for this purpose that certain special reciprocal measures should be taken on both sides of this frontier, as provided in Article 24 of the Treaty of Peace signed this day,

Have decided to conclude a Convention 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:

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

THE PRESIDENT OF THE FRENCH REPUBLIC:

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

HIS MAJESTY THE KING OF ITALY:

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;

M. Giulio Cesare Montagna, Envoy Extraordinary and minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;

HIS MAJESTY THE EMPEROR OF JAPAN:

Mr. Kentora Otchiai, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

HIS MAJESTY THE KING OF THE BULGARIANS:

M. Bogdan Morphoff, formerly Minister of Railways, Posts and Telegraphs;

M. Dimitri Stanciof, Doctor of Law, Envoy Extraordinary and Minister Plenipotentiary at London, Grand Cross of the Order of Saint Alexander;

HIS MAJESTY THE KING OF THE HELLENES:

M. Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

HIS MAJESTY THE KING OF ROUMANIA:

M.Constantine I. Diamandy, Minister Plenipotentiary;

M.Constantine Contzesco, Minister Plenipotentiary;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:

Dr.Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;

THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:

Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople;

Dr.Riza Nour Bey, Minister for Public Assistance, Deputy for Sinope;

Hasan Bey, formerly Minister, Deputy for Trebizond:

Who, having produced their full powers, found in good and due form, have agreed as follows:

Article 1

From the Aegean Sea to the Black Sea the territories extending on both sides of the frontiers separating Turkey from Bulgaria and from Greece shall be demilitarised to a depth of about 30 kilometres within the following limits (see the attached map).

1. In Turkish territory, from the Aegean Sea to the Black sea.

a line generally parallel to the frontier of Turkey with Greece and Bulgaria, defined in Article 2, paragraphs 1 and 2, of the Treaty of Peace signed this day. This line shall be traced at a minimum distance of 30 kilometres from that frontier, except in the neighbour-hood of Kirk Kilisse, where the town itself, and an area within a radius of at least 5 kilometres from the centre of the town shall be excluded from the demilitarised zone. The line will run from Ibrije-Burnu on the Aegean Sea, to Serbes-Burnu on the Black Sea;

2. in Greek territory, from the Aegean Sea to the Greco-Bulgarian frontier:

a line starting from Cape Makri (the village of Makri being excluded), thence north wards generally parallel to the course of the Maritza as far as Tahtali, then passing eastwards of Meherkoz to a point to be determined on the Greco-Bulgarian frontier, about 15 kilometres to the west of Kuchuk-Derhend;

3. in Bulgarian territory, from the Greco-Bulgarian frontier to the Black Sea:

a line running from the point defined above, crossing the road from Adrianople to Kossukavak at a point 5 kilometres to the west of Papas-Keui, thence running at a distance of at least 30 kilometres from the Greco-Bulgarian frontier, and from the Turco-Bulgarian frontier, except in the neighbourhood of Harmanli, where the town itself, and an area within a radius of at least 5 kilometres from the centre of the town, shall be excluded from the demilitarised zone; the line shall reach the Black Sea at the head of the bay situated to the north-west of Anberler.

Article 2

A Boundary Commission, which shall be set up within fifteen days from the coming into force of the present Convention, shall settle and trace on the spot the boundaries defined in Article 1. This Commission shall be composed of representatives appointed by France, Great Britain, Italy, Bulgaria, Greece and turkey, each Power having one representative. The Bulgarian, Greek and Turkish representatives shall only take part in the work concerning the territory of Bulgaria, Greece and Turkey respectively; however, the combined result of these operations shall be drawn up and registered at a plenary meeting of the Commission.

Article 3

The demilitarisation of the zones defined in Article 1 shall be effected and maintained in accordance with the following provisions:

1) All permanent fortifications and field works actually in existence shall be disarmed and dismantled by the Power on whose territory they are situated. No new fortification or work of this nature shall be constructed, and no depot of arms or of war material or any other offensive or defensive installation of cither a military, naval or aeronautical character shall be organised.

2) No armed force, other than the special elements, such as gendarmerie, police, customs officers, frontier guards, necessary for ensuring internal order and the supervision of the frontiers, shall be stationed or move in the zones.

The number of these special elements, which must not include any air force, shall not exceed:

a) in the demilitarised zone of Turkish territory a total of 5,000 men:

b) in the demilitarised zone of Greek territory a total of 2,500 men;

c) in the demilitarised, zone of Bulgarian territory a total of 2,500 men.

Their armament shall be composed only of revolvers, swords, rifles and four Lewis guns per 100 men, and will exclude any artillery.

These provisions shall not affect the obligations incurred by Bulgaria under the Treaty of Nemilly of the 27th November 1919.

3) Military or naval aircraft of any flag whatsoever are forbidden to fly over the demilitarised zone.

Article 4

In the event of one of the bordering Powers whose territory forms the subject of the present Convention having any complaint to make respecting the observance of the preceding provisions, this complaint shall be brought by that Power before the Council of the League of Nations.

Article 5

The present Convention shall be ratified.

The ratification’s shall be deposited at Paris as soon as possible.

The Convention shall come into force as soon as Bulgaria, Greece and Turkey shall respectively have ratified it.

These ratification’s shall be recorded in a special procès-verbal. In so far as concerns the other Powers which have not at that date ratified the Convention, it shall come into force as from the date on which they deposit their respective ratification’s, which deposit shall be notified to the other Contracting Powers by the Government of the French Republic.

The Japanese Government shall be entitled merely to inform the Government of the French Republic, through their diplomatic representative in Paris, that ratification has been given, and in that event the Japanese Government shall forward the instrument of ratification as soon as possible.

In faith whereof the above-mentioned Plenipotentiaries have signed the present Convention.

Done at Lausanne, the 24th July, 1923, in a single copy, which shall be deposited in the archives of the Government of the French Republic, which will transmit a certified copy thereof to each of the signatory Powers.

(L.S.) Horace Rumbold

(L.S.) Pellé

(L.S.) Garroni

(L.S.) G.C.Montagna

(L.S.) K. Otchiai

(L.S.) B.Morphoff

(L.S.) Stancioff

(L.S.) E.K.Venisélos

(L.S.) D.Caclamanos

( ) ……………..

(L.S.) M. Ismet

(L.S.) Dr. Ryza Nour

(L.S.) Hassan

IV. Convention Respecting Conditions of Residence and Business and Jurisdiction

THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and THE SERB-CROAT-SLOVÈNE STATE, of the one part,

And TURKEY, of the other part,

Being desirous of prescribing, in accordance with modern international law, the conditions under which nationals of the other Contracting Powers may settle in Turkey and Turkish nationals may settle in the territory of those Powers, as well as certain questions relating to jurisdiction,

Have decided to conclude a Convention to this effect, 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:

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

THE PRESIDENT OF THE FRENCH REPUBLIC:

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

HIS MAJESTY THE KING OF ITALY:

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;

M. Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;

HIS MAJESTY THE EMPEROR OF JAPAN:

Mr. Kentaro Otchiai, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

HIS MAJESTY THE KING OF THE HELLENES:

M. Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

HIS MAJESTY THE KING OF ROUMANIA:

M. Constantine I. Diamandy, Minister Plenipotentiary;

M. Constantine Contzesco, Minister Plenipotentiary;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:

Dr. Miloutine Yavanovitech, Envoy Extraordinary and Minister Plenipotentiary at Berne;

THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:

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:

Who, having produced their full powers, found in good and due form, have agreed as follows:

(L.S.) Horace Rumbold

(L.S.) Pellé

(L.S.) Garroni

(L.S.) G.C. Montagna

(L.S.) K.Otchiai

(L.S.) E.K.Venisélos

(L.S.) D.Caclamanos

(L.S.) Const.Diamandy

(L.S.) Const.Contzesco

(L.S.) ……………….

(L.S.) M.Ismet

(L.S.) Dr. Ryza Nour

(L.S.) Hassan

Chapter I. Conditions of Residence and Business

Article 1

The application in Turkey of each of the provisions of this Chapter to nationals and corporations of the other Contracting Powers is expressly subject to complete reciprocity being accorded to Turkish nationals and corporations in the territories of the said Powers.

Should one of these Powers refuse, in consequence of a provision in its law or for another reason, to accord reciprocity in respect of any such provision, its nationals and corporations will not be entitled to benefit by such provision in Turkey.

For the purposes of this Article each of the Domimons, colonies and countries under the protection or authority of the Contracting Powers will be considered as a separate contracting country.

SECTION I Entry and Residence

Article 2

In Turkey the nationals of the other Contracting Powers will be received and treated, both as regards their persons and property, in accordance with ordinary international law. They will enjoy in Turkey the complete and constant protection of the local law and authorities for their persons, their property, rights and interests. Without prejudice to the provisions respecting immigration, they will have complete freedom to enter and establish themselves in Turkey, and may accordingly come, go and reside there, subject to compliance with the laws and regulations in force.

Article 3

In Turkey the nationals of the other Contracting Powers will have the right to acquire, to possess and to dispose of all kinds of property both movable and immovable, subject to compliance with the local laws and regulations; they will in particular be able to dispose thereof by sale, exchange, gift, testamentary disposition, or in any other way, and to take possession by inheritance in accordance with the law, or under dispositions inter-vivos or by will.

Article 4

The admission in Turkey of nationals of the other Contracting Powers to the different forms of commerce, professions and industry, and reciprocally the admission, in the territories of the said Powers, of Turkish nationals to the different forms of commerce, professions and industry, will form the subject of separate conventions to be concluded between Turkey and the said Powers within twelve months from the coming into force of the present Convention.

It is understood that, pending the conclusion of the said Conventions, the status quo as on the 1st January, 1923, will be maintained, and that if any such Convention has not been concluded at the end of the said period of twelve months each of the Contracting Powers concerned will recover its freedom of action, subject to the rights acquired by individuals before the 1st January, 1923, being respected.

Article 5

In Turkey, commercial, industrial and financial corporations, including transport and insurance corporations, which are regularly incorporated on the territory of any one of the other Contracting Powers, shall be recognised.

In all matters relating to their constitution, their legal capacity and their right to sue and be sued, they will be treated in accordance with their national law.

They will have the right to establish themselves in Turkish territory and to engage in all forms of commerce and industry in engage, and which are not forbidden in Turkey to Turkish corporations. They will have the right freely to conduct their affairs in Turkey, subject to compliance with the prescriptions relating to public order, and will enjoy in this respect the same rights as any similar Turkish corporation.

They will have the right to acquire, to possess and to dispose of all kinds of movable property, subject to compliance with the local laws and regulations. They will have a similar right as regards immovable property which is necessary for the operations of the corporation, provided, in this case, that the acquisition of such property does not constitute the object of the corporation’s existence.

Article 6

In Turkey the nationals of the other Contracting Powers will not be subject to the laws relating to military service. They will be exempt from any such service and from any obligation or payment which replaces such service.

Their property may not be expropriated or the use of it denied to them even temporarily, except for reasons of public interest recognised by law as such, and in return for fair compensation to be paid in advance. No expropriation may take place without public notice being previously given.

Article 7

Turkey reserves the right to expel, in individual cases, nationals of the other Contracting Powers, either under the order of Court or in accordance with the laws and regulations relating to public morality, public health or pauperism, or for reasons affecting the internal or external safety of the State. The other Contracting Powers agree to receive persons thus expelled, and their families, at any time.

The expulsion shall be carried out in conditions complying with the requirements of health and humanity.

SECTION II Fiscal Clauses

Article 8

Nationals of the Contracting Powers, other than Turkey, shall not be subjected to any charge, tax or impost of any kind or under any description whatsoever, other or higher than those which may be imposed on Turkish nationals, in respect of their stay or residence in Turkish territory, or in respect of the exercise of any form of commerce, profession, industry, enterprise or activity of whatever kind in Turkey which is open to them in accordance with the provisions of Article 4.

The nationals of the said Powers who are established abroad and who, while passing through Turkish territory undertake any business, shall not be subjected to any charge, tax or impost of any kind or under any description whatsoever other or higher than those to which Turkish nationals or foreigners established in Turkey are subjected in respect of an activity of the same kind and importance, in accordance with the fiscal provisions in force in the country.

The property, rights and interests in Turkish territory of the nationals of the said Powers shall not be subjected to any impost, tax or charge, direct or indirect, other or higher than those which may be imposed on the property, rights and interests of Turkish nationals, whether as regards the acquisition, possession or enjoyment of the said property, or as regards its transfer by grant, exchange or succession.

Article 9

Commercial, industrial or financial corporations, including transport and insurance corporations which are incorporated in accordance with the law of one of the other contracting countries, and which, in accordance with the provisions of Article 5, establish themselves in Turkey or carry on their affairs there, shall not be subjected to any impost, tax or charge, of any kind or under any description whatsoever, to which corporations of the same kind incorporated under Turkish law are not subjected.

The same provisions apply to associated companies, branches, agencies and other representatives of firms or companies of the said countries which, in accordance with the provisions of Article 5, are established or carry on their affairs in Turkey, in being understood that, when the control of these firms or companies is outside Turkey, the said associated companies, branches, agencies and representatives will only be taxed in proportion to the amount of the capital actually employed in Turkey, or in respect of the profits and revenues which they have actually earned there, these profits and revenues being used to determine the amount of capital employed if it is impossible to verify that capital.

Article 10

If the Turkish Government establishes any exemptions from fiscal charges, or any kind or under any description whatsoever, these exemptions will be granted to the nationals or companies established in Turkey of the other contracting countries in the same way as to Turkish nationals or to companies established under Turkish law.

This provision cannot be used to support a claim to the benefit of exemptions from charges granted to undertakings established by the State or to concessionaires of public utility service.

Article 11

In respect of all matters referred to in Articles 8 to 10, provincial or local charges, imposts or taxes, leviable in Turkey on the nationals of the other contracting countries shall not be other or higher than those levied on Turkish nationals.

Article 12

No forced loan or capital levy shall be imposed in Turkey, even in case of war, on nationals of other contracting countries established in Turkey or carrying on their affairs therein, or on their property, rights and interests situated in Turkish territory, or on corporations, associated companies, branches or agencies constituted under the law of one of the said countries and established in Turkey or carrying on their affairs therein.

Article 13

The Capitulations having been abolished, Turkey will not grant to the nationals of foreign, countries any treatment more favourable than that accorded to her own nationals, and will apply to her nationals and to the nationals of the other Contracting Parties the principle of equality of treatment as regards the matters referred to in this Section.

Chapter II Jurisdiction

Article 14

In Turkey the nationals of the other Contracting Powers, and reciprocally Turkish nationals in the territories of the said Powers, will have free access to the courts of the country, and may sue and be sued in the same conditions in all respects as nationals of the country, subject to the provisions of Article 18.

Article 15

Subject to the provisions of Article 16, all questions of jurisdiction shall, as between Turkey and the other Contracting Powers, be decided in accordance with the principles of international law.

Article 16

In matters of personal status, i.e., all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity afflation, adoption, capacity majority, guardianship, trusteeship and interdiction; in matters relating to succession to personally, whether by will or on intestacy, and the distribution and winding up of estates; and family law in general, it is agreed between Turkey and the other Contracting Powers that, as regards non-Moslem nationals of such Powers in Turkey, the national tribunals or other competent national authorities established in the country of which the party whose personal status is in question will alone have jurisdiction.

The present stipulation does not affect the special attribution’s of consuls in matters of status in accordance with international law or special agreements which may be concluded, nor the right of Turkish courts to request and receive evidence respecting matters acknowledged above as being within the competence of the national tribunals or authorities of the parties concerned.

By way of exception to the first paragraph of this Article, the Turkish courts will also have jurisdiction in the matters referred to therein, if all the parties to the case submit in writing to the jurisdiction of the said courts. In such case the Turkish courts will apply the national law of the parties.

Article 17

The Turkish Government declares that the Turkish courts will ensure to foreigners in Turkey, both as regards person and property, protection in accordance with international law and the principles and methods generally adopted in other countries.

All questions relating to security for case, execution of judgments, service of judicial and extra-judicial documents, commissions rogations, orders for the payment of costs and expenses, free judicial assistance and imprisonment for debt are left to be regulated between Turkey and the other Contracting Powers by separate conventions between the States concerned.

Chapter III Final Provisions

Article 19

The Contracting Powers reserve the right of declaring, at the time of the coming into force of the present Convention, that its provisions do not apply to all or any of their Dominions enjoying responsible government, or their colonies, protectorates possessions or territories beyond the sea subject to their sovereignty or authority, and in this case Turkey will be released from her obligations under the present Convention to the said Dominions, colonies, protectorates, possessions and territories.

The said Powers may, however, adhere subsequently in the name of every Dominion enjoying responsible government, colony, protectorate, possession or territory in respect of which they have, in accordance with the terms of the present Convention, made a declaration of exclusion.

Article 20

The present Convention is concluded for a period of seven years from its coming into force.

If the Convention is not denounced by one of the High Contracting Parties at least one year before the expiry of the said period, it will remain in force until denounced. Such denunciation will take effected a year after notice of it is give.

In the even of the Convention being denounced by any one of the Contracting Powers other than Turkey, the denunciation will only take effect as between such Power and Turkey.

Turkey will be entitled to denounce the Convention either as regards all the other Contracting Powers, or as regards only one of them; in the latter event, the Convention will remain in force as regards the rest.

Article 21

The present Convention shall be ratified.

The ratification’s shall be deposited at Paris as soon as possible.

It shall enter into force in the same way as the Treaty of Peace signed this day.

In faith whereof the above-named Plenipotentiaries have signed the present Convention.

Done at Lausanne, the 24th July 1923, in a single copy, which will be deposited in the archives of the Government of the French Republic, who will transmit a certified copy to each of the Signatory Powers.

V. Commercial Convention

THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and THE SERB-CROAT-SLOVENE STATE, of the one part,

And TURKEY, of the other part,

Animated with a desire to establish their economic relations on a basis of international law and under conditions most likely to encourage commerce and to facilitate trade, have resolved to conclude a Convention for this purpose, and have appointed as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE UNITED KING OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:

The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;

THE PRESENT OF THE FRENCH REPUBLIC:

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

HIS MAJESTY THE KING OF ITALY:

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;

M.Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;

HIS MAJESTY THE EMPEROR OF JAPAN:

Mr.Kentaro Otchiai, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;

HIS MAJESTY THE KING OF THE HELLENES:

M.Eleftherics K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M.Demetrios Caclamanos, Minister Plenipotentiary at Londor, Commander of the Order of the Saviour;

HIS MAJESTY THE KING OF ROUMANIA:

M.Constantine I. Diamandy, Minister Plenipotentiary;

M.Constantine Contzesco, Minister Plenipotentiary;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:

Dr.Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;

THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:

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;

Who, having produced their full powers, found in good and due form, have agreed as follows:

(L.S.) Horace Rumbold

(L.S.) Pellé

(L.S.) Garroni

(L.S.) G.C.Montagna

(L.S.) K.Otchiai

(L.S.) E.K.Venesélos

(L.S.) D.Caclamanos

(L.S.) Const.Diamandy

(L.S.) Const.Contzesco

(L.S.) ……………….

(L.S.) M.Ismet

(L.S.) Dr. Ryza Nour

(L.S.) Hassan

Section I. (Articles 1 to 8)

(Missing – to be included)

Section III

Article 12

Turkey undertakes, on condition of reciprocity, to adopt all the necessary legislative and administrative measures, and to allow access to the Courts in order to protect goods the produce or manufacture of any one of the other Contracting Powers from all forms of unfair competition in commercial transactions.

Turkey undertakes, also on condition of reciprocity, to prohibit and repress by appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their get-up or wrappings any marks, names, devices or descriptions whatsoever which are calculated to convey, directly or indirectly, false indications of the origin, type nature or special characteristics of such goods.

Article 13

Turkey undertakes on condition that reciprocity is accorded in these matters, to respect any law or any administrative or judicial decision given in conformity with such law in force in any other Contracting State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in respect of products which derive their special qualities from the soil or the climate, or the conditions under which the use of any such appellation may be permitted; and the importation, exportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations inconsistent with such laws or orders shall be prohibited by Turkey and repressed by the measures prescribed by article 12.

Article 14

Turkey undertakes, within a period of twelve months from the coming into force of the present Convention:

1) To accede in the prescribed form to the International Convention of Paris of the 20th March, 1883, for the protection of industrial property, revised at Washington on the 2nd of June, 1911;

2) To accede also to the International Convention of Berne of the 9th September, 1886, for the protection of literary and artistic works, revised at Berlin on the 13th November, 1908, and the additional protocol of Berne of the 20th March, 1914,relating to the protection of literary and artistic works.

The other Powers signatory to the present Convention will raise no objection, while it remains in force, to the reserve which Turkey proposes to make with regard to the provisions of the aforesaid Conventions and Protocol respecting the right of translation into the Turkish language, if the other Powers, co-signatories of those Conventions and Protocol, have not them solves raised any objection to the said reserve during the year following the coming into force of the present Convention.

In the event of the Powers signatory to the present Convention not maintaining their adhesion to the Turkish reserve respecting the rights of translation, Turkey will not be bound to maintain her adhesion to the Conventions and Protocol mentioned above;

3) Within the same period to recognise and protect by effective legislation, in accordance with the principles of the said Conventions, the industrial, literary and artistic property of the nationals of the other Contracting Powers.

Article 15

Special conventions between the countries interested shall determine all questions relative to the records, registers and designs in connection with the services relating to industrial, literary and artistic property, and their eventual transmission or communication by the Turkish offices to the offices of the States in favour of which territory is detached from Turkey.

General Provisions

Article 16

The Contracting Powers reserve the right of declaring at the time of the coming into force of the present Convention, that its provisions do not apply to all or any of their Dominions enjoying responsible government, of their colonies, protectorates, possessions or territories beyond the sea subject to their sovereignty or authority, and in this case Turkey will be released from her obligations under the present Convention to the said dominions, colonies, protectorates, possessions and territories.

The said Powers may, however, accede subsequently in the name of every Dominion enjoying responsible government, colony, protectorate, possession or territory for which they have, in accordance with the terms of the present Convention, made a declaration of exclusion.

Article 17

Natural and manufactured products coming from or going to Libya will receive in Turkey the same treatment as Italian natural or manufactured products. Natural and manufactured products coming from or going to Turkey will receive in Libya most-favoured-nation treatment.

Article 18

The present Convention will remain in force for a period of five years.

As regards Section I. Turkey on the one hand, and Greece, Roumania and the Serb-Croat-Slovene State on the other hand, recognising the necessity of settling a new basis for their commercial exchanges within a shorter period, agree to recognise in each other’s favour the right to denounce this Convention at any time after the termination of the first period of thirty months; the Convention will cease to have effect six months after the denunciation.

Turkey on the one hand and each of the other Contracting Powers on the other hand undertake at any time during the periods herein before fixed for the duration of the Convention, on request being made, to begin negotiations for new commercial treaties, and to proceed actively with those negotiations so that they may be concluded before the expiration of the said periods.

If the said negotiations have not been concluded before the expiration of the aforesaid periods, each of the High Contracting Parties will resume its freedom of action.

Article 19

The present Convention shall be ratified.

The ratification’s shall be deposited at Paris as soon as possible.

It shall enter into force in the same way as the Treaty of Peace signed this day.

In faith whereof, the above-mentioned Plenipotentiaries have signed the present Convention.

Done at Lausanne, the 24th July, 1923, in a single copy, which will be deposited in the archives of the Government of the French Republic, which will transmit a certified copy thereof to each of the Signatory Powers.

VI. Convention Concerning the Exchange of Greek and Turkish Populations

The Government of the Grand National Assembly of Turkey and the Greek Government have agreed upon the following provisions:

Article 1

As from the 1st May, 1923, there shall take place a compulsory exchange of Turkish nationals of the Greek Orthodox religion established in Turkish nationals of the Greek Orthodox religion established in Turkish territory, and of Greek nationals of the Moslem religion established in Greek territory.

These persons shall not return to live in Turkey or Greece respectively without the authorisation of the Turkish Government or of the Greek Government respectively.

Article 2

The following persons shall not be included in the exchange provided for in Article 1:

a) The Greek inhabitants of Constantinople.

b) The Moslem inhabitants of Western Thrace.

All Greeks who were already established before the 30th October, 1918, within the areas under the Prefecture of the City of Constantinople, as defined by the law of 1912, shall be considered as Greek inhabitants of Constantinople.

Moslems established in the region to the east of the frontier line laid down in 1918 by the Treaty of Bucharest shall be considered as Moslem inhabitants of Western Thrace.

Article 3

Those Greeks and Moslems who have already, and since the 18th October, 1912, left the territories the Greek and Turkish inhabitants of which are to be respectively exchanged, shall be considered as included in the exchange provided for in Article 1.

The expression “emigrant” in the present Convention includes all physical and juridical persons who have been obliged to emigrate or have emigrated since the 18th October, 1912.

Article 4

All able-bodied men belonging to the Greek population, whose families have already left Turkish territory, and who are now detained in Turkey, shall constitute the first instalment of Greeks sent to Greece in accordance with the present Convention.

Article 5

Subject to the provisions of Articles 9 and 10 of the present Convention, the rights of property and monetary assets of Greeks in Turkey or Moslems in Greece shall not be prejudiced in consequence of the exchange to be carried out under the present Convention.

Article 6

No obstacle may be placed for any reason whatever in the way of the departure of a person belonging to the populations which are to be exchanged. In the event of an emigrant having received a definite sentence of imprisonment, or a sentence which is not yet definitive, or of his being the object of criminal proceedings, he shall be handed over by the authorities of the prosecuting country to the authorities of the country whither he is going, in order that he may serve his sentence or be brought to trial.

Article 7

The emigrants will lose the nationality of the country which they are leaving, and will acquire the nationality of the country of their destination, upon their arrival in the territory of the latter country.

Such emigrants as have already left one or other of the two countries and have not yet acquired their new nationality, shall acquire that nationality on the date of the signature of the present Convention.

Article 8

Emigrants shall be free to take away with them or to arrange for the transport of their movable property of every kind, without being liable on this account to the payment of any export duty or any other tax.

Similarly, the members of each community (including the personnel of mosques, tekkes, meddresses, churches, convents, schools, hospitals, societies, associations and juridical persons, or other foundations of any nature whatever) which is to leave the territory of one of the Contracting States under the present Convention, shall have the right to take away freely or to arrange for the transport of the movable property belonging to their communities.

The fullest facilities for transport shall be provided by the authorities of the two countries, upon the recommendation of the Mixed Commission provided for in Article 11.

Emigrants who may not be able to take away all or part of their movable property can leave it behind. In that event, the local authorities shall be required to draw up, the emigrant in question being given an opportunity to be heard, an inventory and valuation of the property left by him. Procès-verbaux containing the inventory and the valuation of the movable property left by the emigrant shall be drawn up in four copies, one of which shall be kept by the local authorities, the second transmitted to the Mixed Commission provided for in Article 11 to serve as the basis for the liquidation provided for by Article 9, the third shall be handed to the Government of the country to which the emigrant is going, and the fourth to the emigrant himself.

Article 9

Immovable property, whether rural or urban, belonging to emigrants, or to the communities mentioned in Article 8, and the movable property left by these emigrants or communities, shall be liquidated in accordance with the following provisions by the Mixed Commission provided for in Article 11.

Property situated in the districts to which the compulsory exchange applies and belonging to religious or benevolent institutions of the communities established in a district to which the exchange does not apply, shall likewise be liquidated under the same conditions.

Article 10

The movable and immovable property belonging to persons who have already left the territory of the High Contracting Parties and are considered, in accordance with Article 3 of the present Convention, as being included in the exchange of populations, shall be liquidated in accordance with Article 9. This liquidation shall take place independently of all measures of any kind whatever, which, under the laws passed and the regulations of any kind made in Greece and in Turkey since the 18th October, 1912, or in any other way, have resulted in any restriction on rights of ownership over the property in question, such as confiscation, forced sale, &c. In the event of the property mentioned in this Article or in Article 9 having been submitted to a measure of this kind, its value shall be fixed by the Commission provided for in Article 11, as if the measures in question had not been applied.

As regards expropriated property, the Mixed Commission shall undertake a fresh valuation of such property, if it has been expropriated since the 18th October, 1912, having previously belonged to persons liable to the exchange of populations in the two countries, and is situated in territories to which the exchange applies. The Commission shall fix for the benefit of the owners such compensation as will repair the injury which the Commission has ascertained. The total amount of this compensation shall be carried to the credit of these owners and to the debit of the Government on whose territory the expropriated property is situated.

In the event of any persons mentioned in Articles 8 and 9 not having received the income from property, the enjoyment of which they have lost in one way or another, the restoration of the amount of this income shall be guaranteed to them on the basis of the average yield of the property before the war, and in accordance with the methods to be laid down by the Mixed Commission.

The Mixed Commission provided for in Article 11. when proceeding to the liquidation of Wakf property in Greece and of the rights and interests connected therewith, and to the liquidation of similar foundations belonging to Greeks in Turkey, shall follow the principles laid down in previous Treaties with a view to fully safeguarding the rights and interests of these foundations and of the individuals interested in them.

The Mixed Commission provided for in Article 11 shall be entrusted with the duty of executing these provisions.

Article 11

Within one month from the coming into force of the present Convention a Mixed Commission shall be set up in turkey or in Greece consisting of four members representing each of the High Contracting Parties, and of Nations from among nationals of Powers which did not take part in the war of 1914-1918. The Presidency of the Commission shall be exercised in turn by each of these three neutral members.

The Mixed Commission shall have the right to set up, in such places as it may appear to them necessary, Sub-Commissions working under its order. Each such Sub-Commission shall consist of a Turkish member, a Greek member and a neutral President to be designated by the Mixed Commission. The Mixed Commission shall decide the powers to be delegated to the Sub-Commission.

Article 12

The duties of the Mixed Commission shall be to supervise and facilitate the emigration provided for in the present Convention, and to carry out the liquidation of the movable and immovable property for which provision is made in Articles 9 and 10.

The Commission shall settle the methods to be followed as regards the emigration and liquidation mentioned above.

In a general way the Mixed Commission shall have full power to take the measures necessitated by the execution of the present Convention and to decide all questions to which this Convention may give rise.

The decisions of the Mixed Commission shall be taken by a majority.

All disputes relating to property, rights and interests which are to be liquidated shall be settled definitely by the Commission.

Article 13

The Mixed Commission shall have full power to cause the valuation to be made of the movable and immovable property which is to be liquidated under the present Convention, the interested parties being given a hearing or being duly summoned so that they may be heard.

The basis for the valuation of the property to be liquidated shall be the value of the property in gold currency.

Article 14

The Commission shall transmit to the owner concerned a declaration stating the sum due to him in respect of the property of which he has been dispossessed, and such property shall remain at the disposal of the Government on whose territory it is situated.

The total sums due on the basis of these declarations shall constitute a Government debt from the country where the liquidation takes place to the Government of the country to which the emigrant belongs. The emigrant shall in principle be entitled to receive in the country to which he emigrates, as representing the sums due to him, property of a value equal to and of the same nature as that which he has left behind.

Once every six months an account shall be drawn up of the sums due by the respective Governments on the basis of the declarations as above.

When the liquidation is completed, if the sums of money due to both sides correspond, the accounts relating thereto shall be balanced. If a sum remains due from one of the Governments to the other Government after a balance has been struck, the debit balance shall be paid in cash. If the debtor Governments requests a postponement in making this payment, the Commission may (……..) such postponement, provided that the sum due be paid in three annuities at most. The Commission shall fix the interest to be paid during the period of postponement.

If the sum to be paid is fairly large and requires longer postponement, the debtor Government shall pay in cash a sum to be fixed by the Mixed Commission, up to a maximum of 20 per cent. of the total due, and shall issue in respect of the balance loan certificates bearing such interest as the Mixed Commission may fix, to be said off within 20 years at most. The debtor Government shall assign to the service of these loans pledges approved by the Commission, which shall be administered and of which the revenues shall be encashed by the International Commission in Greece and by the Council of the Public Debt at Constantinople. In the absence of agreement in regard to these pledges, they shall be selected by the Council of the League of Nations.

Article 15

With a view to facilitating emigration, funds shall be advanced to the Mixed Commission by the States concerned, under conditions laid down by the said Commission.

Article 16

The Turkish and Greek Governments shall come to an agreement with the Mixed Commission provided for in Article 11 in regard to all questions concerning the notification to be made to persons who are to leave the territory of Turkey and Greece under the present Convention, and concerning the ports to which these persons are to go for the purpose of being transported to the country of their destination.

High Contracting Parties undertake mutually that no pressure direct or indirect shall be exercised on the populations which are to be exchanged with a view to making than leave their homes or abandon their property before the date fixed for their departure. They likewise undertake to impose on the emigrants who have left or who are to leave the country no special taxes or dues. No obstacle shall be placed in the way of the inhabitants of the districts excepted from the exchange under Article 2 exercising freely their right to remain in or return to those districts and to enjoy to the full their liberties and rights of property in Turkey and in Greece. This provision shall not be invoked as a motive for preventing the free alienation of property belonging to inhabitants of the said regions which are excepted from the exchange, or the voluntary departure of those among these inhabitants who wish to leave Turkey or Greece.

Article 17

The expenses entailed by the maintenance and working of the Mixed Commission and of the organisations dependent on it shall be borne by the Governments concerned in proportions to be fixed by the Commission.

Article 18

The High Contracting Parties undertakes to introduce in their respective laws such modifications as may be necessary with a view to ensuring the execution of the present Convention.

Article 19

The present Convention shall have the same force and effect as between the High Contracting Parties as if it formed part of the Treaty of Peace to be concluded with Turkey. It shall come into force immediately after the ratification of the said Turkey by the two High Contracting Parties.

In faith whereof, the undersigned Plenipotentiaries, whose respective full Powers have been found in good and due form, have signed the present Convention.

Done at Lausanne, the 30th January, 1923, in three copies, ons of which shall be transmitted to the Greek Government, one to the Government of the Grand National Assembly of Turkey, and the third shall be deposited in the archives of the Government of the French Republic, which shall deliver certified copies to the other Powers signatory of the Treaty of Peace with Turkey.

(L.S.) E.K.Veniselos

(L.S.) D.Caclamanos

(L.S.) Ismet

(L.S.) Dr.Ryza Nour

(L.S.) Hassan

Protocol

The undersigned Turkish Plenipotentiaries, duly authorised to that effect, declare that, without waiting for the coming into force of the Convention with Greece of even date, relating to the exchange of the Greek and Turkish populations, and by way to exception to Article 1 of that Convention the Turkish Government, on the signature of the Treaty of Peace, will release the able-bodied men referred to in Article 4 of the said Convention, and will provide for their departure.

Done at Lausanne, the 30th January, 1923.

Ismet

Dr. Ryza Nour

Hassan

VII. Agreement Between Greece and Turkey Respecting the Reciprocal Restitution of Interned Civilians and the Exchange of Prisoners of War

The undersigned Turkish and Greek Plenipotentiaries, acting in accordance with their respective full powers, found in good and due form, have agreed as follows, with a view to ensuring the reciprocal restitution of interned civilians at present detained in Greece and in Turkey, and for the exchange of prisoners of war.

CHAPTER I Interned Civilians

Article 1

Turkish hostages and civilian prisoners at present detained in Greece will be repatriated by the Greek Government. The latter will in principle cause persons emanating from Anatolia to be transported to Smyrna and those emanating from Thrace to Constantinople.

The restitution of these persons, who shall be checked on their embarkation in Greece, shall in principle begin seven days after the signature of the present Agreement. The restitution will be completed as follows:

a) Within not more than two weeks, in so far as persons figuring on lists furnished by the Greek Government are concerned.

b) With the least possible delay, in so far as persons who have to be sought and who figure on lists furnished by the Turkish Government are concerned.

Article 2

Greek hostages and civilian prisoners, who may be detained by the Turks, shall be collected at Smyrna or Constantinople by the Turkish Government, in such a manner that their repatriation may take place immediately after that of the Turkish civilian hostages mentioned in paragraph (a) of Article 1, and in such a manner that the repatriation of persons who have to be sought may take place with the least possible delay.

Article 3

The lists of persons to be repatriated, which have been furnished by the Turkish and Greek Governments respectively, shall be completed later.

CHAPTER II. Prisoners of War

Article 4

As soon as possible after the date on which the Greek Government shall have restored to the Turkish Government the Turkish civilian hostages mentioned in paragraph (a) of Article 1, and within a period not exceeding 15 days from that date, Greece shall restore to Turkey and shall transport to Smyrna simultaneously all the Turkish prisoners of war detained by her.

Turkey shall thereupon restore to Greece an equivalent number of Greek prisoners of war, officer for officer, soldier for soldier. These prisoners of war will be collected by the Turkish Government at such time and in such places, that they may be repatriated on the return voyage of the Greek vessels which brought the Turkish prisoners of war.

The remainder of the Greek prisoners of war shall be repatriated by the Turkish Government immediately after the signature of Peace and within three weeks from the date of that signature.

Article 5

With the object of allaying animosity, the Greek and Turkish amnesty to all prisoners of war and interned civilians detained by them, both those who are awaiting trial or undergoing sentence for crimes or offences against the ordinary law, and those who are awaiting trial or undergoing sentence for offences against discipline; the two Governments agree to repatriate such persons without distinction and irrespective of the completion of their sentence, or of the proceedings pending against them.

CHAPTER III. Commission for the Execution of this Agreement

Article 6

An International Commission comprising three representatives of the Red Cross Societies, nationals of States not having taken part in the war of 1914-18, and a representative of the Greek and Turkish Governments respectively, shall be entrusted with the task of directing the operations connected with the restitution of the hostages and civilian prisoners and the exchange of prisoners of war, under the conditions prescribed in Chapters I and II above. This Commission shall settle the methods by which these operations shall be effected, and shall supervise the execution thereof. The commission shall be in particular entrusted with the duty of,

a) Receiving from the Greek and Turkish Authorities at the ports of embarkation the hostages and prisoners to be repatriated, verifying their number and identity, effecting the surrender of those hostages and prisoners to the Turkish and Greek Authorities at the points of disembarkment.

b) Settling in accordance with the Greek and Turkish Governments the transport from the points of embarkation of the Turkish and Greek hostages and prisoners to be repatriated. The Greek Government shall furnish with this object the necessary means of maritime transport.

c) Proceeding with the collaboration of the Greek and Turkish Governments and Authorities with all researches and enquires necessary to establish the fate of civilian hostages and of prisoners of war claimed by one or other Government and not handed over.

The Governments concerned undertake to furnish with this object all assistance to the Commission and to grant it all facilities.

Article 7

The expenses of the maintenance and of the work of the Commission shall be borne in equal parts by the Greek and Turkish Governments.

The present Agreement will enter into force at once.

Done in triplicate at Lausanne, the 30th day of January, 1923.

(L.S.) E.K.Veniselos

(L.S.) D.Caclamanos

(L.S.) Ismet

(L.S.) Dr.Ryza Nour

(L.S.) Hassan

VIII. Declaration of Amnesty

The Powers signatory of the Treaty of Peace signed this day being equally desirous to cause the events which have troubled the peace in the East to be forgotten,

The Under-signed, acting in virtue of their full powers, have agreed to make the following Declaration:

I

No person who inhabits or who has inhabited Turkey, and reciprocally no person who inhabits or who has inhabited Greece, shall be disturbed or molested and reciprocally in Greece, under any pretext whatsoever, on account of any military or political action taken by him, or any assistance of any kind given by him to a foreign Power signatory of the Treaty of Peace signed this day or to the nationals of such Power, between the 1st August, 1914, and the 20th November, 1922.

II

Similarly no inhabitant of the territories detached from Turkey under the said Treaty of Peace shall be disturbed or molested either on account of his political or military attitude against or in favour of Turkey during the period from the 1st August, 1914, to the 20th November, 1922, or of the determination of his nationality under the said Treaty.

III

Full and complete amnesty shall be respectively granted by the Turkish Government and by the Greek Government for all crimes or offences committed during the same period which were evidently connected with the political events which have taken place during that period.

IV

Turkish nationals, and reciprocally nationals of the other Powers signatory of the Treaty of Peace signed this day who may have been arrested, prosecuted or sentenced by the authorities of the said Powers or by the Turkish authorities respectively, for reasons of a political or military nature previous to the 20th November, 1922, on territory which remains Turkish in accordance with the said Treaty of Peace, shall benefit from the amnesty, and, if they are detained, shall be handed over to the authorities of the States of which they are the nationals. This stipulation is similarly applicable to Turkish nationals arrested, prosecuted or sentenced by the authorities of the Powers who have occupied a portion of the above mentioned territory even for a transgression of the ordinary law committed before that date, and even if they have been removed from Turkey, excepting those who have committed, against a person belonging to the armies of occupation, an assault which has entailed death or a grievous wound.

V

All sentences pronounced for the above reasons shall be annulled, and any proceedings already instituted shall be stayed.

VI

The Turkish Government, sharing the desire for general pacification with which all the Powers are animated, declare their intent in not to contest the measures carried out under the auspices of the Allied Powers during the period between the 20th October, 1918, and the 20th November, 1922, with the object of re-establishing families scattered owing to the war and or replacing legitimate proprietors in possession of their goods.

However, this intention does not exclude the possibility of any revision of the above-mentioned measures in the event of a request to that effect being made by the interested parties. Claints respecting persons and goods shall be examined by a Commission composed of a delegate of the Red Crescent and a delegate of the Red Cross. In the event of a dispute, these delegates will choose an umpire, if they are unable to agree as to such choice the umpire will be appointed by the Council of the League of Nations.

VII

The British, French, and Italian Governments, acknowledging the importance of the measure of pacification which forms the subject of Article 5 of the Agreement concluded on the 30th January, 1923, between the Greek Government and the Turkish Government relating to the return of interned civilians and to the exchange of prisoners of war, declare that they are prepare 1 to adopt, subject to reciprocity on the part of the Turkish Government, the same measures for the benefit of such Turkish prisoners of war and interned civilians as may still be in their hands, with the exception of those who may have committed crimes and offences against the ordinary law since the 20th November, 1922.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

K.Otchiai

E.K.Veniselos

D.Caclamanos

Const.Diamandy

Const.Contzesco

………………..

M.Ismet

Dr.Ryza Nour

Hassan

Protocol

It is understood that, in spite of the terms of paragraph 1 of the Amnesty Declaration, the Turkish Government reserves to itself the right to prohibit sojourn in and access to Turkey to 150 persons included in the category of persons referred to in the said paragraph. Consequently, the Turkish Government will be entitled to expel from its territory such of the persons in question as may be there at the present time and to prohibit such as are abroad from returning. The names of these persons shall be annexed to the Amnesty Proclamation which, on the coming into force of the Treaty of Peace signed this day, shall be promulgated by the said Government in order to give effect, in so far as that Government is concerned, to the above-mentioned declaration. It is further understood that, in the event of the Turkish Government deciding, as it has expressed the intention, that the said persons must liquidate their property and other goods in Turkey, they shall be granted a period of nine months as from the date of the above-mentioned proclamation to effect this liquidation of their own accord, and in the event of liquidation by the Turkish Government after the expiry of this period the whole of the proceeds shall be paid to the said persons.

It is similarly understood that paragraph 1 of the Amnesty Declaration in no way affects the right of the Greek Government to prosecute non-Moslem Greek subjects belonging or having belonged to its army for acts which constituted failure in respect of their military duties during the hostilities between Greece and Turkey.

Done at Lausanne, the 24th July, 1923.

Horaca Rumbold

Pellé

Garroni

………..

K.Otchaiai

E.K.Veniselos

D.Caclamanos

Const.Diamandy

Const.Contzesco

……………

M.Ismet

Dr.Ryza Nour

Hassan

IX. Declaration Relating to Moslem Properties in Greece

The Under-signed, acting in virtue of their full powers, declare, in the name of the Greek Government, that there shall be no infringement of rights to property held by Moslem persons, who are not subject to the terms of the Convention respecting the Exchange of Populations, signed at Lausanne on the 30th January, 1923, and who have left Greece, including the Island of Crete, before the 18th October, 1912, or who have always resided outside Greece. Such persons will preserve their right to complete freedom as regards the disposal of their property.

Such arrangements and measures as may have been exceptionally taken or applied in regard to the property of the said Moslems shall be annulled. In the event of the revenues derived from such properties having been collected by the Greek Government or authorities without having been hitherto restored, or without having been the subject of special agreements between the Government and the interested parties, such revenues shall be paid to the owners. All claims respecting the revenues in question, and all claims based on an allegation by such persons that their rights had been infringed by an unfair application of measures of a general nature, shall be settled by the Commission, for which provision is made in the above-mentioned Convention, subject, nevertheless, to the condition that such claims shall be made within a period of six months from the entry into force of the Treaty of Peace signed this day. The said claims shall be examined at once by the Commission, in order that they may be settled within a year’s time at the most from the coming into force of the said Treaty.

In view of the difficulties of a practical nature with which the above-mentioned persons might be confronted, by reason of their absence, as regards their right to dispose freely of their goods, the Greek Government agrees that they shall be able to take advantage, if they so desire, of the services of the above-mentioned Mixed Commission to dispose of their property. It is understood that in this event intervention on the part of the Mixed Commission will entail no obligation for the Greek Government to purchase the properties in question, and that the task of the Commission will be limited to facilitating the disposal thereof.

It is understood that the present Declaration is made on the condition that reciprocity shall be granted to Greek owners of property who have left Turkey before the 18th October, 1912, or who have always resided outside Turkey.

Done at Lausanne, the 24th July, 1923.

E.K.Veniselos

D.Caclamanos

X. Declaration Relating to Sanitary Matters

The Undersigned, acting in virtue of their full powers, declare that the Turkish Government will appoint for a period of five years three European medical specialists as counsellors for the sanitary administration of the frontiers. These medical specialists shall be Turkish officials and shall be attached to the Ministry of Health. They shall be chosen by the said Government from a list of six names, prepared in agreement by the Health Committee of the League of Nations and by the International Bureau of Public Health. Their salary, as well as the other terms of their appointment, shall be settled by agreement between the said Government and the two above-mentioned international organisations.

The Turkish Sanitary Administration shall establish, with the help of the three above-mentioned European counsellors, regulations for the organisation of the sanitary administration of the coasts and frontiers of Turkey. These regulations shall be in accordance with the terms of the International Sanitary Conventions, and, in so far as the Straits are concerned, with the terms of the Straits Convention signed this day.

The yield of the sanitary taxes exacted by the Turkish Administration is all be exclusively applied to the needs of the sanitary administration of Turkey, and shall appear in a special budget, which shall be prepared for this purpose by the Ministry of Health.

Done at Lausanne, the 24th July, 1923.

Ismet

Dr.Ryza Nour

Hassan

XI. Declaration Relating to the Administration of Justice

The Turkish Delegation has already had occasion to state that the Government of the Grand National Assembly of Turkey is in a position to ensure to foreigners before the Turkish Courts all the safeguards of a good judicial system and to provide therefor in the exercise of its full sovereignty and without any kind of foreign interference. It is nevertheless prepared to have an investigation made and to cause the situation to be studied with a view to the institution of such reforms as may be rendered advisable by the development of manners and civilisation.

Animated by this spirit, the Undersigned, acting in virtue of their full powers, desire to make the following Declaration:

1) The Turkish Government proposes to take immediately into its service, for such period as it may consider necessary, not being less than five years, a number of European legal counsellors whom it will select from a list prepared by the Permanent Court of International Justice of The Hague from among jurists nationals of countries which did not take part in the war of 1914-1918, and who will be engaged as Turkish officials.

2) These legal counsellors will serve under the Minister of Justice; come will be posted in the city of Constantinople and others in the city of Smyrna. They will take part in the work of the legislative commission. It will be their duty to observe, without interfering in the performance by the magistrates of their duties, the working of the Turkish civil, commercial and criminal courts, and to forward to the Minister of Justice such reports as they may consider necessary; they will be authorised to receive all complaints to which the administration of justice in civil, commercial or criminal matters, the execution of sentences or the manner of application of the law may give rise, with a view to bringing such complaints to the notice of the Minister of Justice in order to ensure the strict observance of the provisions of Turkish law.

Similarly, they will be authorised to receive such complaints as may be caused by domiciliary visits, perquisitions or arrests; moreover, these measures shall, in the judicial districts of Constantinople and of Smyrna, be brought, immediately after their execution, to the notice of the legal counsellor by the local representative of the Minister of Justice; this official shall in such cases be authorised to correspond direct with the legal counsellor.

3) In cases of minor offences release on bail shall always be ordered, unless this entails danger to publics safety or unless such provisional release is calculated to impede the investigation of the case.

4) In civil or commercial matters all references to arbitration and clauses in agreements providing therefor are allowed, and the arbitral decisions rendered in pursuance thereof shall be executed on being signed by the President of the Court of First Instance, who shall not refuse his signature unless the decision should be contrary to public order.

5) The present Declaration shall remain in force for a period of live years.

Done at Lausanne, the 24th July, 1923.

Ismet

Dr.Ryza Nour

Hassan

XII. Protocol Relating to Certain Concessions Granted in the Ottoman Empire

The British Empire, France, Italy, Greece, Roumania, the Serb-Croat, Slovens State and Turkey, being desirous of settling by agreement questions relating to certain concessions granted in the Ottoman Empire

The Undersigned, duly authorised, agree as follows:

Section I.

Article 1

Concessionary contracts and subsequent agreements relating thereto, duly entered into before the 29th October, 1914, between the Ottoman Government or any local authority, on the one hand, and nationals (including Companies) of the Contracting Powers, other than Turkey, on the other hand, are maintained.

Article 2

(i) On the request of the Turkish Government, the operations contemplated in the agreements entered into between the Ottoman Government and Sir W.G. Armstrong, Whit worth and Company Limited, and Vickers, Limited, during the years 1913 and 1914, relating to the constitution and the concession of the Société Impériale Ottomane Coïntéressée des Docks, Arsenaux et Constructions Navales will be suspended.

Negotiations shall be entered into between the two parties with a view to the modification of the provisions of these agreements or the grant of a new concession for an undertaking of equal importance.

If within six months from the coming into force of the Treaty of Peace signed this day, an agreement shall not have been come to between the Turkish Government and the said companies, either for the modification of the provisions of the said agreements or for the grant of a new concession, the companies mentioned above shall have the right to submit to experts, appointed in accordance with the provisions of Article 5, the settlement of the conditions of the new concession to be granted as compensation for the cancellation of the old agreements.

It is nevertheless understood that, if the conditions settled by the experts for the new concession are not acceptable to one or other of the parties, the Turkish Government undertakes to pay to the said companies such indemnity for the loss actually suffered for the cancellation of their old concession as the experts determine to be equitable.

(ii) If, within six months from the coming into force of the Treaty of Peace signed this day, the Régie Générale des Chemins de fer shall not, for any reason, have been restored to the possession of the concession which was given to it in 1914 for the construction and exploitation of the Samsun-Sivas Railway, the Turkish Government undertakes to grant to this company, at its request, a new concession by way of compensation. In default of agreements as to the equivalence of this compensation, the extent and conditions of exploitation of this new concession necessary to give compensation will be determined by experts appointed in accordance with Article 5.

It is understood that, if the Régie Générale is restored to the possession of the Samsun-Sivas Concession, it will be re-adapted in accordance with the procedure for settlement by experts provided for by Article 5. In case of compensation by a new concession due regard will also be had to the power to re-adaptation.

If the conditions of the new concession, as determined by the experts, are not acceptable to one or other of the parties, the Turkish Government undertakes to pay to the company such indemnity as the experts determine to be equitable for the loss actually suffered from the cancellation of the concession for the Samsun-Sivas Railway and for the expenses to which the company has been put for the survey and investigation work on the spot in respect of the other sections of the Black Sea Railway system.

Turkey will be entirely freed from all liability to the company, either by the restoration of the company to possession of the Samsun-Sivas Concession, or by the grant of the new concession, or lastly, by the payment of an indemnity in accordance with the provisions set out above.

Article 3

The amount due, after settlement of accounts, to the State or to beneficiaries under contracts and agreements referred to in Articles 1 and2, in respect of the use by the State, on the territory which it now possesses, of the property or the services of the said beneficiaries shall be paid in accordance with existing contracts or agreements or, in default of contracts or agreements, in accordance with the procedure of settlement by experts provided for by the present Protocol.

Article 4

Subject to the provisions of Article 6, the provisions of the contracts and subsequent agreements referred to in Article 1 shall, by agreement, and as regards both parties, be put into conformity with the new economic conditions.

Article 5

In the absence of agreement within one year from the coming into force of the Treaty of Peace signed this day, the parties will adopt the provisions regarding both the settlement of accounts and the re-adaptation of concessions, which are considered suitable and equitable by two experts, to be nominated by the parties within two months from the expiration of the period of one year mentioned above. In case of disagreement, these experts will refer the question to a third expert selected within two months by the Turkish Government from a list of three persons, nationals of countries not having participated in the war of 1914-1918, prepared by the head of the Swiss Federal Department of Public Works.

Article 6

Beneficiaries under concessionary contracts referred to in Article 1, which have not, on the date of this Protocol, began to be put into operation, cannot avail themselves of the provisions of this Protocol relating to re-adaptation. These contracts may be dissolved on the request of the concessionaire made within six months from the coming into force of the Treaty of Peace signed this day. In such case the concessionaire will be entitled, if there is ground for it, to such indemnity in respect of the survey and investigation work as, in default of agreement between the parties, shall be considered equitable by the experts provided for in this Protocol.

Article 7

Agreements entered into between the 30th October 1918, and the 1st November, 1922, between the Ottoman Government and beneficiaries under contracts and concessions referred to in Article 1, as well as contracts between individuals involving the transfer of a concession entered into during this period, shall remain in force until they have received the approval of the Turkish Government. If this approval should not be granted, compensation shall, if there is ground for it, be paid to the concessionaires in respect of the loss actually suffered, the amount being fixed by experts appointed as provided in Article 5. This provision shall not prejudice, as regards contracts previous to the 24th October, 1914, the right of readaptation provided for by this Protocol.

Article 8

The provisions of this Protocol do not apply to agreements entered into since the 25th April, 1920, between the Government of the Grand National Assembly of Turkey and concessionaires.

SECTION II

Article 9

In territories detached from Turkey under the Treaty of Peace signed this day, the State which acquires the territory is fully subrogated as regards the rights and obligations of Turkey towards the nationals of the other Contracting Powers, and companies in which the capital of the nationals of the said Powers is preponderant, who are beneficiaries under concessionary contracts entered into before the 29th October, 1914, with the Ottoman Government or any local Ottoman authority. The same provision will apply in regards concessionary contracts entered into with the Ottoman Government or any Ottoman local authority before the coming into force of the Treaty providing for the transfer of the territory. This subrogation will have effect as from the coming into force of the treaty by which the transfer of territory was effected except as regards territories detached by the Treaty of Peace signed this day, in respect of which the subrogation will have effect as from the 30th October, 1918.

Article 10

The provisions of Section I of this Protocol, except Articles7 and 8, will be applied to the contracts referred to in Article 9. Article 3 will only have effect in detached territories where the property or the services of the concessionaires were utilised by the State exercising authority in such territory.

Article 11

Any company formed in accordance with Ottoman law and carrying on its business in territory detached from Turkey, either after the Balkan Wars or under the Treaty of Peace signed this day, in which the interests of nationals of the Contracting Powers other than Turkey are preponderant, will have, within five years from the coming into force of the said Treaty, the right to transfer its property, rights and interests to any other company formed in accordance with the law, either of the State exercising authority on the territory in question, or of one of the Contracting Powers other than turkey whose nationals control the first-named company. The company to which the property, rights and interests shall have been transferred will be entitled to the same rights and privileges as those to which the first-named company was entitled, including those conferred upon it by the provisions of this Protocol.

Article 12

The provisions of Article 11 do not apply to companies holding concessions for public utility services, part of the exploitation of which remains in Turkish territory.

Nevertheless such companies will be entitled to the benefit of the provisions of Articles 11 and 13 as regards those parts of their undertaking which are exploited outside Turkey, and to transfer such parts to a new company.

Article 13

Companies to which, in accordance with Article 11, property, rights end interests of Ottoman companies shall have been transferred will not be subjected in territories detached from Turkey to any special tax on account of such transfer or on account of their formation with a view to this transfer, except in so far as this provision may be inconsistent with international conventions in force. The same provision shall apply in the territory of the contracting Power, the nationality of which is taken by such companies, unless this Power raises objection to such exemption on account of its own legislation.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

E.K.Veniselos

D.Caclamanos

Const.Diamandy

Const.Contzesco

M.Ismet

Dr.Ryza Nour

Hassan

Declaration

The Undersigned, duly authorised, declare that the Turkish Government undertakes to apply the provisions of Section I of the Protocol of today’s date with respect to certain concessions granted in the Ottoman Empire, to Ottoman companies in which on the 1st August, 1914, the capital of nationals of the other Powers party to that Protocol was preponderant.

Done at Lausanne, the 24th July 1923.

M.Ismet

Dr.Ryza Nour

Hassan

XIII. Protocol Relating to the Accession of Belgium and Portugal to Certain Provisions of Instruments Signed at Lausanne

The High Contracting Parties, signatories of the Treaty of Peace dated this day, have agreed to admit Belgium and Portugal to accede to the stipulation’s of Section I of Part II (Financial Clauses) and to the stipulation’s of Part III (Economic Clauses) of the said Treaty, such accession taking effect at the same time and in the same conditions as the Treaty. They have similarly agreed to admit Belgium to accede, in the same conditions, to the Protocol dated this day relating to certain concessions granted in the Ottoman Empire.

Consequently, the High Contracting Parties take note of the Declarations of Accession made this day by the duly authorised representatives of Belgium and Portugal. As a result of these Declarations, and once they have come into force, the state of peace and official relations shall, in so far as necessary, be considered as re-established between Turkey on the one hand and each of these two Powers on the other.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

K.Otchiai

E.K.Veniselos

D.Caclamanos

Const.Diamandy

Const.Contzesco

M.Ismet

Dr.Ryza Nour

Hassan

Declaration Signed by the Belgian Delegate

The Undersigned, after having produced to the Representatives of the Powers signatory of the Treaty of Peace dated this day his full powers, found in good and due form, declares by these presents that be accedes in the name of Belgium to the stipulation’s of Section I of Part II (Financial Clauses) and to the stipulation’s of Part III (Economic Clauses) of the said Treaty of Peace, as well as to the stipulation’s of the Protocol dated this day regarding certain concessions granted in the Ottoman Empire.

This accession, which will re-establish official relations, shall take effect at the time and in the terms and conditions prescribed in the Protocol dated this day, by wheel the Powers signatory of the said Treaty of Peace have admitted Belgium to proceed to the present accession.

Done at Lausanne, the 24th July, 1923.

Fernand Peltzer

Declaration Signed by the Portuguese Delegate

The Undersigned, after having produced to the Representatives of the Powers signatory of the Treaty of Peace dated this day his full powers, found in good and due form, declares by these presents that he accedes in the name of Portugal to the stipulation’s of Section I of Part II (Financial Clauses) and to the stipulation’s of Part III (Economic Clauses) of the said Treaty of Peace.

This accession, which will re-establish the state of peace and official relations, shall take effect at the time and in the terms and conditions prescribed in the protocol dated this day, by which the Powers signatory of the said Treaty of Peace have admitted Portugal to proceed to the present accession.

Done at Lausanne, the 24th July, 1923.

A.M.Bartholombu Ferreira

XIV. Protocol Relating to the Evacuation of the Turkish Territory Occupied by the British, French and Italian Forces

The Governments of France, Great Britain and Italy, Allied Powers whose troops at present occupy certain portions of Turkish territory, and the Government of the Grand National Assembly of Turkey, being equally desirous to give satisfaction without delay to the peaceful aspirations of their respective nations.

The Undersigned, being duly authorised, have agreed respectively to take the following measures:

I

As soon as the ratification of the Treaty of Peace and other instruments concluded at Lausanne by the Grand National Assembly of Turkey shall have been notified to the Allied Powers in the person of their High Commissioners at Constantinople, the troops of the said Powers shall proceed to the evacuation of the territories occupied by them.

This operation shall include the withdrawal of the British, French and Italian naval units stationed in the strait of the Dardanelles, the Sea of Marmore and the Bosphorus.

II

The operations of evacuation shall be completed within six weeks.

III

As the evacuation proceeds, moveable and immoveable property of every description in the evacuated territories which may be duly identified as belonging to the Turkish Government or to Turkish public departments, and which are at present occupied by the Allied authorities or in their possession, shall be restored to the Turkish Government.

All measures of sequestration and of requisition shall be terminated. In respect of such restitution’s and releases, procés verbaux shall be drawn up, which will operate to a complete and final settlement of any claims.

The authorities of the occupying forces shall supply the Turkish Government with as complete an account as possible of all property, articles and material belonging to the said Government which may have been handed over to third parties, and especially to Turkish companies.

Debts resulting from contracts concluded between the occupying authorities and private individuals will be paid in the conditions prescribed in those contracts.

IV

The warships, including the “Yavouz-Sultan-Selim”, arms, munitions and other war material, formerly the property of the Ottoman Government, of which the Allied Powers have disposed under the Armistice Convention signed at Mudros on the 30th October, 1918, and which remain on the date of signature of the present Protocol in the hands of the authorities of the said Powers in Turkey, shall be restored to Turkey, within the period referred to in paragraph II, in their present state and in the places where they are.

V

The stipulation’s of the Military Convention signed at Mudania on the 11th October, 1922, shall remain in force during the period referred to in paragraph II of the present Protocol.

The necessary measures to avoid any incident during the said period shall be taken by agreement between the Allied and Turkish military authorities.

The authorities of the occupying troops shall settle, by agreement with the Turkish authorities, all other questions which may arise from the evacuation operations.

VI

Without waiting for the coming into force of the Treaty of Peace, the Turkish Government will confer on nationals of the Powers signatory to the said Treaty the privileges resulting from Articles 69, 72, 77 and 91 (although, as regards Articles 72 and 91, the prescribed periods shall not have begun to run), and from the Convention respecting conditions of residence and business. Similarly, the Turkish Government shall observe the stipulation’s contained in Articles 137, 138 and 140 of the Treaty of Peace.

VII

The British and Turkish Governments undertake respectively, pending the coming into force of the Treaty of Peace, to take no action which might modify the status quo which is to be maintained, under the third paragraph of Article 3(2) of the said Treaty, until the determination of the frontier.

The said Governments agree that the negotiations for which provision is made in the first paragraph of Article 3(2) of the Treaty of Peace, relating to the frontier between Turkey and Iraq, shall be commenced as soon as the evacuation operations mentioned in paragraph I above shall have been completed, and that the period of nine months referred to in the said first paragraph of Article 3(2) of the Treaty shall begin to run from the date on which the said negotiations commence.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

M.Ismet

Dr.Ryza Nour

Hassan

Declaration

The Undersigned, acting in virtue of their full powers, declare as follows:

I

It is understood that, pending the coming into force of the Straits. Convention signed this day, the fleets of the three Allied Powers will retain full and complete liberty of passage through the Straits. The warships of the said Powers in transit through the Straits shall not, except in the event of damage or peril of the sea, remain therein beyond the time which is necessary for them to effect their passage, including the time of anchorage during the night, if necessary for safety of navigation.

II

Notwithstanding the stipulation’s of paragraph I of the above Protocol, and until the coming into force of the Straits Convention signed this day, or until the 31st December, 1923, if the and Convention has not come into force by that date, the Turkish Government will raise no objection to the maintenance in the Straits by each of the three Allied Powers of one cruiser and two destroyers, which may be accompanied by the necessary vessels for coaling and revictualling; the latter vessels shall not fly the naval ensign.

III

The Undersigned draw attention to the fact that, as from the date of the coming into force of the Treaty of Peace signed this day, maritime cabotage and port services will be reserved to the Turkish national flag.

They desire, nevertheless, to state that, until the 31st December, 1923, those firms which, on the 1st January, 1923, carried on cabotage or port service in Turkey shall be allowed complete liberty to continue this business.

In any event until the 31st December, 1923, Turkey will, without discrimination in favour of any Power, grant to the vessels of the other Powers signatory of the Commercial Convention dated this day all facilities of navigation, access and commerce which are provided for by Section II of the Commercial Convention for the vessels, their cargoes and their passengers.

IV

In making this Declaration, the Undersigned express the hope that the Treaty of Peace and other Instruments signed at Lausanne will come into force as soon as possible

Done at Lausanne, the 24th July, 1923.

M.Ismet

Dr.Ryza Nour

Hassan

XV. Protocol Relating to the Karagatch Territory and the Islands of Imbros and Tenedos, Signed by the British Empire, France, Italy, Japan, Greece and Turkey

The Undersigned, duly authorised, have agreed on the following stipulation’s.

I

The territory situated between the Maritza and the Greco-Turkish frontier described in Article 2 (2) of the Treaty of Peace dated this day, which is to be restored to Turkey, shall be handed dated this day, which is to be restored to Turkey, shall be handed over to the Turkish authorities on the 15th September, 1923, at the latest, provided that the ratification of the said Treaty by the Grand National Assembly of Turkey has been notified to the Greek Government by that date through the Allied High Commissioners at Constantinople. If that notification has not been made on the above-mentioned date, the transfer of the said territory shall take place within fifteen days from the notification.

II

The fact that the delimitation provided for in Article 5 of the Treaty of Peace shall not have been completed shall not delay the transfer of the above-mentioned territory to the Turkish authorities. In this event, the Greek and Turkish Governments shall proceed to a temporary delimitation on the spot of the line described in Article 2 (2) of the Treaty of Peace. This temporary delimitation shall be respected on both sides until the completion of the work of the Commission for which provision is made in Article 5 of the said Treaty.

III

The Greek inhabitants of Karagatch shall be subject to the exchange of populations for which provision is made in the Convention signer the 30th January, 1923, between Greece and Turkey. They shall benefit from the stipulation’s of the said Convention, but they shall only be compelled to emigrate six months after the re-establishment of a state of peace between Greece and Turkey.

IV

The withdrawal of the Greek troops and authorities from the islands of Imbros and Tenedos shall be carried out as soon as the Treaty of Peace signed this day shall have been ratified by the Greek and Turkish Governments. As soon as this withdrawal has taken place, the stipulation’s of Article 14 of the said Treaty shall be applied by the Turkish Government.

V

No inhabitant of the territory mentioned in paragraph I of the present Protocol and no inhabitant of the islands mentioned in paragraph IV shall be disturbed or molested in Turkey under any pretext whatsoever on account of his military of political conduct or any assistance of any kind given by him to a foreign Power signatory of the Treaty of Peace signed this day or to the nationals of such Powers.

Full and complete amnesty shall be granted to all the inhabitants of the territory and islands mentioned in the preceding paragraph for all crimes and offences, whether political or under the ordinary law, committed before this day.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

K.Otchiai

E.K.Veniselos

D.Caclamanos

M.Ismet

Dr.Ryza Nour

Hassan

XVI. Protocol Relating to the Treaty Concluded at Sèvres Between the Principal Allied Powers and Greece on the 10th August, 1920, Concerning the Protection of Minorities on Greece, and to the Treaty Concluded on the Same Day Between the Same Powers Relating to Thrace

The Governments of the British Empire, France, Italy, Japan and Greece, being of opinion that the coming into force of the Treaty of Peace and other Instruments concluded during the present Conference will necessitate the bringing into force of the Treaty concluded at Sèvres on the 10th August, 1920, between the Principal Allied Powers and Greece concerning the protection of minorities in Greece, and of the Treaty relating to Thrace, also concluded on the 10th August, 1920, at Sèvres between the same Powers.

The undersigned, duly authorised, agree as follows on behalf of their respective Governments:

The ratification’s of the two Treaties concluded at Sèvres referred to above shall, if they have not already been deposited at that date, be deposited at the same time as the ratification’s of the Treaty of Peace and Instruments signed this day at Lausanne.

The provisions of Article 7, second paragraph, and of Article 15 of the Treaty of Sèvres referred to above concerning the protection of minorities, are and remain abrogated.

The application of the provisions of Article 1 of the Treaty of Sèvres referred to above relating to Thrace will be limited in accordance with the terms of Article 2 (2) of the Treaty of Peace signed this day.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

K.Otohiai

E.K.Venisélos

D.Coclamanos

XVII. Protocol Relating to Signature by the Serb-Croat-Slovene State

The Undersigned, having signed at Lausanne on this day, in the name of their respective Governments, some or all of the instruments hereinafter mentioned, to wit:

Treaty of Peace;

Convention respecting the Régime of the Straits;

Convention respecting the Thracian Frontier;

Convention respecting Conditions of Residence and Business and Jurisdiction;

Commercial Convention;

Amnesty Declaration and Protocol;

Protocol relating to certain Concessions granted in the Ottoman Empire;

Protocol relating to the Accession of Belgium and Portugal to certain Provisions of Instruments signed at Lausanne;

have agreed, each in so far as concerns the Instruments which he has signed, to admit the Serb-Croat-Slovene State to sign the said Instruments simultaneously at Paris at any time before the coming into force of the Treaty of Peace, through the intermediary of one or several of her Plenipotentiaries whose names figure in the Final Act of the present Conference of Lausanne.

Done at Lausanne, the 24th July, 1923.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

K.Otchiai

B.Morphoff

Stancioff

E.K.Venisélos

D.Caclamanos

Const.Diamandy

Const.Contzesco

M.Ismet

Dr.Ryza Nour

Hassan

Subsidiary Documents Forming Part of the Peace Settlement

Letters exchanged between Ismet Pasha and Sir H. Rumbold respecting the exemption of Allied nationals, who suffered from the Smyrna fore, from the payment of the arrears of temettu tax due for the financial year 1922-1923.

Your Excellency:

With reference to the declaration made in the Economic Committee regarding the payment of arrears of taxes, I have the honour to confirm that the Turkish Government, inspired by the same sentiment of humanity as the three inviting Powers, will take the necessary measures in order that Allied nationals, who suffered from the Smyrna fire, may be exempted from the payment of the arrears of the temettu tax due for the financial year 1922-23, notwithstanding the provisions of Article 69 (Economic Clauses).

I avail, &c.

M.Ismet

His Excellency Sir Horace Rumbold,

Delegate to His Britannic Majesty

at the Peace Conference,

&c., &c., &c.

Your Excellency, Lausannue, July 24, 1923

I have the honour to acknowledge the receipt of the letter which your Excellency has been so good as to address to me to day confirming in accordance with the arrangement made between the delegations concerned that the Turkish Government will take the necessary measures in order that the Allied nationals who suffered from the Smyrna fire may be exempted from the payment of the arrears of the temettu tax due for the financial year 1922-1923, not withstanding the provisions of article 69 (Economic Clauses).

I avail, &c.

Horace Rumbold

His Excellency General Ismet Pasha,

President of the Turkish Delegation

&c., &c., &c.

Letter addressed by the delegates of the three inviting Powers to Ismet Pasha in connection with the suppression of Article 70 of the original draft Treaty of Peace (financial operations of the Council of the Ottoman Debt since the 30th October, 1918).

M.le Président Lausanne, July 23, 1923

At the last meeting of the Second Committee, it was agreed between us that Article 70 of the former draft treaty, regarding certain financial operations carried out at Constantinople after the 30th October, 1918, should be suppressed, and replaced by a letter addressed by your Excellency to the Council of the Debt, a letter the receipt of which the latter was to have acknowledged and with which it was to have notified its agreement. We had also reached agreement with your Excellency on the draft letter to be addressed to the Council, a copy of which you have communicated to us.

We regret to have to inform your Excellency that it appears from correspondence exchanged with the President of the Council of the Debt that the draft agreed upon hare presents certain difficulties from the point of view of the Council. As there is not sufficient time to settle these difficulties before the signature of the Treaty, we propose to your Excellency that the question of the letters to be exchanged between the Government and the Council of the Debt should be left over for subsequent settlement. It should be clearly understood that in making this proposal we do not wish in any way to go back on the agreement to suppress Article 70 of the former draft. Treaty, and that we adhere to the principles on which the draft letter which we had agreed upon was based, that is, that the validity of the operations in question will not be disputed, but that on the other hand, they are not to be regarded as constituting a precedent in so far as concerns the currency in which payments are to be made.

We avail, &c.

Pellé;

Horace Rumbold;

G.C.Montagna

His Excellency General Ismet Pasha

President of the Turkish Delegation

&c., &c., &c.,

Letters exchanged between Ismet Pasha and Sir H.Rumbold respecting the treatment to be accorded by the Turkish Government to British religious, scholastic and medical establishments and charitable institutions in Turkey.

Your Excellency, Lausanne, July 24, 1923

With reference to the Convention regarding the conditions of residence and business signed at Lausanne to day, and following on the decision taken by the First Committee at its meeting of the 19th May, 1923, regarding the substitution of the declaration, which was to have been annexed to the said Convention, by an exchange of letters, I have the honour to declare, in the name of my Government, that the latter will recognise the existence of British religious, scholastic and medical establishments, as well as of charitable institutions recognised as existing in Turkey before the 30th October, 1914, and that it will favourably examine the case of other similar British institutions actually existing in Turkey at the date of the Treaty of Peace signed to-day, with a view to regularise their position.

The establishments and institutions mentioned above will, as regards fiscal charges of every kind, be treated on a footing of equality with similar Turkish establishments and institutions, and will be subject to the administrative arrangements of a public character, as well as to the laws and regulations, governing the latter. It is, however, understood that the Turkish Government will take into account the conditions under which these establishments carry on their work, and, in so far as schools are concerned, the practical organisation of their teaching arrangements.

I avail, &c.,

M.Ismet

His Excellency Sir Horace Rumbold

Delegate of His Britannie Majesty

at the Peace Conference

&c., &c., &c.

M. le Président Lausanne, July 24, 1923

I have the honour to acknowledge the receipt of the letter which your Excellency has been good enough to address to me to-day in accordance with the agreement reached between the delegations concerned, in regard to the treatment to be accorded by the Turkish Government to British religious, scholastic and medical establishments in Turkey.

I avail myself, &c.

Horace Rumbold

His Excellency General Ismet Pasha

President of the Turkish Delegation

&c., &c., &c.

(Translation)

Letters exchanged between Ismet Pasha and Sir H. Rumbold respecting cabotage

Your Excellency, Lausanne, July 24, 1923

With reference to Article 9 of the Commercial Convention signed at Lausanne on to-day’s date, I hasten to inform your Excellency of what follows:

The Turkish Government, having decided to reserve cabotage trade to the national flag, has the honour to inform your Excellency that it agrees that the concerns mentioned below, which have hitherto carried on regular services in Turkish waters, should undertake in Turkey the transport of goods and passengers from one port to another; and it is prepared to negotiate with these concerns the conditions under which they may eventually be authorised to continue such traffic, for such period as may be provided for in any contract, which they may conclude with the Turkish Government.

If, within a period of six months from the 1st January, 1924, these negotiations should not have led to an agreement, the said concerns would only be entitled to carry on their activities under present conditions for a further period of two years.

The concerns referred to above as benefiting by this arrangement will be the following:

The Khedivial Mail Steamship and Graving Dock Company (Limited).

M. and J. Constant

Ellerman Line (Limited).

The vessels of Turkish concerns which at the present time are engaged in cabotage trade in Turkey shall enjoy reciprocal treatment on the coasts of Great Britain.

I beg your Excellency to be so good as to inform me of the agreement of your Government, and I avail, &c.

M.Ismet

His Excellency Sir Horace Rumbold,

Delegate of His Britannic Majesty

at the Peace Conference.

&c., &c., &c.

Your Excellency, Lausanne, July 24, 1923

I have the honour to acknowledge the receipt of the letter of to-day’s date which your Excellency has been so good as to address to me regarding cabotage trade. In taking note, in the name of my Government, of the contents of the said letter, I hasten to inform you that we are in agreement both in regard to the conditions under which the cabotage services of the three British shipping concerns mentioned in your letter are to be carried on, and in regard to the reciprocal conditions to be granted, on the coasts of Great Britain, to the vessels of Turkish concerns which at the present date are engaged in cabotage trade in Turkey.

I avail, &c.

Horace Rumbold

His Excellency General Ismet Pasha,

President of the Turkish Delegation,

&c., &c., &c.

(Translation)

Letter addressed by Ismet Pasha to Sir H. Rumbold enclosing copy of letter sent by Ismet Pasha to Sir W.G. Armstrong, Whitworth and Co. and Messrs, Vickers, Limited; together with copy of acknowledgment sent by Sir H. Rumbold.

Your Excellency, Lausanne, July 24, 1923

I have the honour to transmit to you herewith a copy of the letter which I have addressed to-day to the Chairman of Messrs Armstrong, Whitworth and Co., Limited, and Messrs, Vickers, Limited.

I avail myself, &c.

M. Ismet

His Excellency Sir Horace Rumbold,

Delegate of His Britannie Majesty

at the Peace Conference,

&c., &c., &c.

(Enclosure)

M. le Président, Lausanne, July 24, 1923

In the name of the Minister of Public Works of the Government of the Grand National Assembly of Turkey, and with reference to the provisions regarding Messrs. Armstrong, Whitworth and Co., Limited, and Vickers, Limited, appearing in Article 2 of the Protocol of to-day’s date concerning concessions, I have the honour to inform you of the following:

It is understood that if, within a period of five years from the date of the signature of the Treaty of Peace, the Turkish Government should propose either partially or completely to carry out the construction or to assure the working, by contracts to be concluded subsequently to the date in question, of the undertakings provided for in the conventions specified (in the afore-mentioned protocol), by inviting the co-operations of foreign industry or capital, the Turkish Government would advise the above-mentioned companies, and will put them in a position to compete on a footing of complete equality with any other person or company.

I avail myself, &c.

M.Ismet

To the Chairman of

Messrs. Armstron, Whitworth and Co., Limited,

and Messrs. Vickers, Limited, London.

M. le Président, Lausanne, July 24, 1923

I have the honour to acknowledge the receipt of the letter which your Excellency has been good enough to address to me to-day, enclosing a copy of the letter of the same date addressed by your Excellency, in accordance with the agreement reached between us, to Sir W.G. Armstron, Whitworth and Co., and to Messrs, Vickers, Limited.

I avail myself, &c.

Horace Rumbold.

His Excellency General Ismet Pasha

President of the Turkish Delegation

&c., &c., &c.

(Translation)

Letter addressed by the Turkish Delegation to the President of the Third Committee in regard to certain railway and port concessions in Turkey.

Your Excellency, Lausanne, July 24, 1923

I have the honour to inform you that the concession contracts, as well as the subsequent agreements referring thereto, duly concluded before the 29th October, 1914, with the Ottoman Government in regard to the following undertakings are maintained: Anatolian Railway, Bagdad Railway, Mersina-Adana Railway, Oriental Railways and Haidar-Pasha harbour. The clauses of the said contracts and agreements will, within a period of one year to be reckoned from the coming into force of the Treaty of Peace of to-day’s date, be brought into conformity with the new economic conditions.

I avail myself, &c.

M.Ismet

To the President of the Third Committee

of the Peace Conference

(Translation)

Convention regarding compensation payable by Greece to Allied nationals.

The British Empire, France, Italy and Greece:

wishing to settle the method of repayment, by the Greek Government, to nationals of the other contracting Powers and to companies in which, on the 1st June, 1921, the interests of the latter were preponderant, of debts resulting from the actions of the Greek authorities in Turkey,

Have resolved to conclude a convention for this purpose, and have appointed as their plenipotentiaries:

For the British Empire:

The Right Honourable Sir Horace George Montagu Rumbold Baronet, G.C.M.G., High Commissioner at Constantinople;

For France:

General Maurice Pellé, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;

For Italy:

The Honourable Marquis Camillo Garioni, 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;

M.Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy:

For Greece:

M. Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;

M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;

Who, having produced their full powers, found in good and due form, have agreed as follows:

Single Article

The Greek Government undertakes to pay to the nationals of the other contracting Powers and to Turkish companies in which, on the 1st June, 1921, the interests of the latter were preponderant, in a proportion corresponding to those interests, the sums which are due to them for the repayment of the value of goods requisitioned or seized by the Greek armies or administrative authorities, the sums due for services rendered to those armies and authorities which have not already been paid, as well as those due as compensation for other losses and damage suffered after the 1st June, 1921, by the said nationals and companies, resulting from the acts of the Greek armies or administrative authorities, other than loss and damage due to acts of war in the zone of active military operations.

Failing an agreement between the parties concerned and the Greek Government, the amounts due shall be determined by an arbitral tribunal consisting of representative of the Greek Government, of a representative of the claimants, and of an umpire chosen by mutual agreement, or, failing agreement, by the President of the Permanent Court of International Justice at the Hague.

The payments referred to in the foregoing provisions shall be effected by means of annuities spread over a period of forty years, calculated with an interest of 5 per cent, or according to such other mode of settlement as may be subsequently adopted by mutual agreement.

It is understood that debts resulting from contracts concluded in the occupied territory in Turkey by the Greek armies or administrative authorities between those armies or authorities, on the one part, and the nationals of the other contracting parties, and Turkish companies in which the interests of the latter were preponderant, on the other part, shall be effected by the Greek Government according to the provisions of those contracts.

The present convention shall be ratified; each signatory Power shall deposit its ratification in Paris at the same time as its ratification of the Treaty of Peace of to-day’s date. It will come into force as soon as all the signatory Powers shall have deposited their ratification’s, a date which will be established by a formal minute drawn up by the French Government.

In faith whereof the above-named plenipotentiaries have signed the present convention.

Done at Lausanne, the 24th July, 1923, in a single copy which will be deposited in the archives of the Government of the French Republic, who will transmit a certified copy to each of the signatory Powers.

Horace Rumbold

Pellé

Garroni

G.C.Montagna

E.K.Veniselos

D.Caclamanos

Letters exchanged between Ismet Pasha and sir H. Rumbold respecting the exemption of Allied nationals, who suffered from the Smyrna fire, from the payment of the arrears of temottu tax due for the financial year 1922-1923

Letter addressed by the delegates of the three inviting Powers to Ismet Pasha in connection with the suppression of Article 70 of the original draft Treaty of Peace (financial operations of the Council of the Ottoman Debt after October 30, 1918)

Footnote: Copy of draft letter referred to in above document.

Letters exchanged between Ismet Pasha and Sir H. Rumbold respecting the treatment to be accorded by the Turkish Government to British religious, scholastic and medical establishments and charitable institutions in Turkey

Letters exchanged between Ismet Pasha and Sir H. Rumbold respecting cabotage.

Letter addressed by Ismet Pasha to Sir H. Rumbold enclosing copy of letter sent by Ismet Pasha to Sir V. G. Armstrong, Whit worth and Co. and Mossrs. Vickers, Limited; together with copy of acknowledgment sent by Sir. H. Rumbold.

Letter addressed by the Turkish delegation to the President of the Third Committee in regard to certain railway and port concessions in Turkey

Convention regarding compensation payable by Greece to Allied nationals.

Sources:

http://www.mfa.gov.tr/lausanne-peace-treaty.en.mfa

http://wwi.lib.byu.edu/

http://wwi.lib.byu.edu/index.php/Treaty_of_Lausanne

http://www.pollitecon.com/html/treaties/Treaty_Of_Peace_With_Turkey.htm

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