Treaty of Peace with Turkey
Signed at Lausanne, July 24, 1923
The following Original Text Transcription is meant to provide a basis
for competent reasoning on the Treaty of Peace with Turkey Signed at
Lausanne (July 24, 1923), which is currently - at least in Europe
(i.e. up to June 17,1998) - so much debated and questioned regarding
the validity of its legal foundations as well as the actual level of
Source: The Treaties of Peace 1919-1923, Vol. II, Carnegie Endowment
for International Peace, New York, 1924.
TREATY OF PEACE WITH TURKEY SIGNED AT LAUSANNE
JULY 24, 1923
THE CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER
INSTRUMENTS SIGNED AT LAUSANNE
THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the
of the one part,
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 friendship and commerce
which are essential to the mutual well-being of their respective
And considering that these relations must be based on respect for the
independence and sovereignty of States,
Have decided to conclude a Treaty for this purpose, and have appointed
as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND
IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:
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 Pelle, Ambassador of France, High Com missioner 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 Orders 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 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 orm,
have agreed as follows:
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.
I. TERRITORIAL CLAUSES.
From the Black Sea to the Aegean the frontier of Turkey is laid
down as follows: (I) With Bulgaria:
From the mouth of the River Rezvaya, to the River Maritza, the point
of junction of the three frontiers of Turkey, Bulgaria and Greece:
the southern frontier of Bulgaria as at present demarcated;
(2) With Greece:
Thence to the confluence of the Arda and the Marilza:
the course of 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
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 Tchorek-Keuy shall be assigned to Greece or
to Turkey according as the majority of the population shall be found
to be Greek or Turkish by the Commission for which provision is made
in Article 5, the population which has migrated into this village
after the 11th October, 1922, not being taken into account;
thence to the Aegean Sea:
the course of the Maritza.
From the Mediterranean to the frontier of Persia, the frontier of
Turkey is laid down as follows:
(I ) With Syria:
The frontier described in Article 8 of the Franco-Turkish Agreement of
the 20th October, 1921
(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
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.
The frontiers described by the present Treaty are traced on the
one-in-a-million maps attached to the present Treaty. In case of
divergence between the text and the map, the text will prevail. [See
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
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
In so far as concerns frontiers defined by a waterway as distinct from
its banks, the phrases "course" or "channel" used in the descriptions
of the present Treaty signify, as regards non-navigable rivers, the
median line of the waterway or of its principal branch, and, as
regards navigable rivers, the median line of the principal channel of
navigation. It will rest with the Boundary Commission to specify
whether the frontier line shall follow any changes of the course or
channel which may take place, or whether it shall be definitely fixed
by the position of the course or channel at the time when the present
Treaty comes into force.
In the absence of provisions to the contrary, in the present Treaty,
islands and islets Iying within three miles of the coast are included
within the frontier of the coastal State.
The- various States concerned undertake to furnish to the Boundary
Commission all documents necessary for its task, especially authentic
copies of agreements fixing existing or old frontiers, all large scale
maps in existence, geodetic data, surveys completed but unpublished,
and information concerning the changes of frontier watercourses. The
maps, geodetic data, and surveys, even if unpublished, which are in
the possession of the Turkish authorities, must be delivered at
Constantinople with the least possible delay from the coming into
force of the present Treaty to the President of the Commission.
The States concerned also undertake to instruct the local authorities
to communicate to the Commission all documents, especially plans,
cadastral and land books, and to furnish on demand all details
regarding property, existing economic conditions and other necessary
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.
The various States interested undertake to safeguard the
trigonometrical points, signals, posts or frontier marks erected by
The pillars will be placed so as to be intervisible. They will be
numbered, and their position and their number will be noted on a
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.
The decision taken on the 13th February, 1914, by the Conference of
London, in virtue of Articles 5 of the Treaty of London of the
17th-30th May, 1913, and 15 of the Treaty of Athens of the 1st-14th
November, 1913, which decision was communicated to the Greek
Government on the 13th February, 1914, regarding the sovereignty of
Greece over the islands of the Eastern Mediterranean, other than the
islands of Imbros, Tenedos and Rabbit Islands, particularly the
islands of Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is
confirmed, subject to the provisions of the present Treaty respecting
the islands placed under the sovereigntyof Italy which form the
subject of Article 15.
Except where a provision to the contrary is contained in the present
Treaty, the islands situated at less than three miles from the Asiatic
coast remain under Turkish sovereignty.
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:
(I) No naval base and no fortification will be established in the said
(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.
The islands of Imbros and Tenedos, remaining under Turkish
sovereignty, shall enjoy a special administrative organisation
composed of local elements and furnishing every guarantee for the
native non-Moslem population in so far as concerns local
administration and the protection of persons and property. The
maintenance of order will be assured therein by a police force
recruited from amongst the local population by the local
administration above provided for and placed under its orders.
The agreements which have been, or may be, concluded between Greece
and Turkey relating to the exchange of the Greek and Turkish
populations will not be applied to the inhabitants of the islands of
Imbros and Tenedos.
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.
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
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.
The renunciation by Turkey of all rights and titles over Egypt and
over the Soudan will take effect as from the 5th November, 1914.
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.
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.
Turkey hereby recognises the annexation of Cyprus proclaimed by the
British Government on the sth November, 1914.
ARTICLE 2I .
Turkish nationals ordinarily resident in Cyprus on the 5th November,
1914, will acquire British nationality subject to the conditions laid
down in the local law, and will thereupon lose their Turkish
nationality. They will, however, have the right to opt for Turkish
nationality within two years from the coming into force of the present
Treaty, provided that they leave Cyprus within twelve months after
having so opted.
Turkish nationals ordinarily resident in Cyprus on the coming into
force of the present Treaty who, at that date, have acquired or are in
process of acquiring British nationality in consequence of a request
made in accordance with the local law, will also thereupon lose their
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.
Without prejudice to the general stipulations of Article 27, Turkey
hereby recognises the definite abolition of all rights and privileges
whatsoever which she enjoyed in Libya under the Treaty of Lausanne of
the 18th October, 1912, and the instruments connected therewith.
2. SPECIAL PROVISIONS. 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.
The separate Convention signed this day respecting the regime for the
frontier described in Article 2 of the present Treaty will have equal
force and effect in so far as the present High Contracting Parties are
concerned as if it formed part of the present Treaty.
Turkey undertakes to recognise the full force of the Treaties of Peace
and additional Conventions concluded by the other Contracting Powers
with the Powers who fought on the side of Turkey, and to recognise
whatever dispositions have been or may be made concerning the
territories of the former German Empire, of Austria, of Hungary and of
Bulgaria, and to recognise the new States within their frontiers as
there laid down.
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.
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 attributions of the Moslem
religious authorities are in no way infringed.
Each of the High Contracting Parties hereby accepts, in so far as it
is concerned, the complete abolition of the Capitulations in Turkey in
Moroccans, who are French nationals ("ressortissants") and Tunisians
shall enjoy in Turkey the same treatment in all respects as other
French nationals ("ressortissants").
Natives ("ressortissants") of Libya shall enjoy in Turkey the same
treatment in all respects as other Italian nationals
The stipulations 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 stipulations of
the first paragraph of this Article, shall be subject in Turkey, and,
reciprocally, the treatment to which merchandise originating in or
destined for Turkey shall be subject in the said territories shall be
settled by agreement between the French and Turkish Governments.
SECTION II .
Turkish subjects habitually resident in territory which in accordance
with the provisions of the present Treaty is detached from Turkey will
become ipsofacto, in the conditions laid down by the local law,
nationals of the State to which such territory is transferred.
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.
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
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
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.
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 theconsent of the
Government exercising authority therein. This right of option must be
exercised within two years from the coming into force of the present
The Contracting Powers undertake to put no hindrance in the way of the
exercise of the right which the persons concerned have under the
present Treaty, or under the Treaties of Peace concluded with Germany,
Austria, Bulgaria or Hungary, or under any Treaty concluded by the
said Powers, other than Turkey, or any of them, with Russia, or
between themselves, to choose any other nationality which may be open
For the purposes of the provisions of this Section, the status of a
married woman will be governed by that of her husband, and the status
of children under eighteen years of age by that of their parents.
PROTECTION OF MINORITIES.
Turkey undertakes that the stipulations contained in Articles 38 to 44
shall be recognised as fundamental laws, and that no law, no
regulation, nor official action shall conflict or interfere with these
stipulations, nor shall any law, regulation, nor official action
prevail over them.
The Turkish Government undertakes to assure full and complete
protection of life and liberty to ali inhabitants of Turkey without
distinction of birth, nationality, language, race or religion.
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
Turkish nationals belonging to non-Moslem minorities will enjoy the
same civil and political rights as Moslems.
All the inhabitants of Turkey, without distinction of religion, shall
be equal before the law.
Differences of religion, creed or confession shall not prejudice any
Turkish national in matters relating to the enjoyment of civil or
political rights, as, for instance, admission to public employments,
functions and honours, or the exercise of professions and industries.
No restrictions shall be imposed on the free use by any Turkish
national of any language in private intercourse, in commerce,
religion, in the press, or in publications of any kind or at public
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.
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.
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
In towns and districts where there is a considerable proportion of
Turkish nationals belonging to non-Moslem minorities, these minorities
shall be assured an equitable share in the enjoyment and application
of the sums which may be provided out of public funds under the State,
municipal or other budgets for educational, religious, or charitable
The sums in question shall be paid to the qualified representatives of
the establishments and institutions concerned.
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
The Turkish Government undertakes to grant full protection to the
churches, synagogues, cemeteries, and other religious establishments
of the above-mentioned minorities. All facilities and authorisation
will be granted to the pious foundations, and to the religious and
charitable institutions of the said minorities at present existing in
Turkey, and the Turkish Government will not refuse, for the formation
of new religious and charitable institu- tions, any of the necessary
facilities which are guaranteed to other private institutions of that
Turkish nationals belonging to non-Moslem minorities shall not be
compelled to perform any act which constitutes a violation of their
faith or religious observances, and shall not be placed under any
disability by reason of their refusal to attend Courts of Law or to
perform any legal business on their weekly day of rest.
This provision, however, shall not exempt such Turkish nationals from
such obligations as shall be imposed upon all other Turkish nationals
for the preservation of public order.
Turkey agrees that, in so far as the preceding Articles of this
Section affect non-Moslem nationals of Turkey, these provisions
constitute obligations of international concern and shall be placed
under the guarantee of the League of Nations. They shall not be
modified without the assent of the majority of the Council of the
League of Nations. The British Empire, France, Italy and Japan hereby
agree not to withhold their assent to any modification in these
Articles which is in due form assented to by a majority of the Council
of the League of Nations.
Turkey agrees that any Member of the Council of the League of Nations
shall have the right to bring to the attention of the Council any
infraction or danger of infraction of any of these obligations, and
that the Council may thereupon take such action and give such
directions as it may deem proper and effective in the circumstances.
Turkey further agrees that any difference of opinion as to questions
of law or of fact arising out of these Articles between the Turkish
Government and any one of the other Signatory Powers or any other
Power, a member of the Council of the League of Nations, shall be held
to be a dispute of an international character under Article 14 of the
Covenant of the League of Nations. The Turkish Government hereby
consents that any such dispute shall, if the other party thereto
demands, be referred to the Permanent Court of International
Justice. The decision of the Permanent Court shall be final and shall
have the same force and effect as an award under Article 13 of the
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.
OTTOMAN PUBLIC DEBT.
The Ottoman Public Debt, as defined in the Table annexed to the
present Section, shall be distributed under the conditions laid down
in the present Section between Turkey, the States in favour of which
territory has been detached from the Ottoman Empire after the Balkan
wars of 1912-13, the States to which the islands referred to in
Articles 12 and 15 of the present Treaty and the territory referred to
in the last paragraph of the present Article have been attributed, and
the States newly created in territories in Asia which are detached
from the Ottoman Empire under the present Treaty. All the above St
ates shall also participate, under the conditions laid down in the
present Section, in the annual charges for the service of the Ottoman
Public Debt from the dates referred to in Article 53.
From the dates laid down in Article 53, Turkey shall not be held in
any way whatsoever responsible for the shares of the Debt for which
other States are liable.
For the purpose of the distribution of the Ottoman Public Debt, that
portion of the territory of Thrace which was under Turkish sovereignty
on the 1st August, 1914, and lies outside the boundaries of Turkey as
laid down by Article 2 of the present Treaty, shall be deemed to be
detached from the Ottoman Empire under the said Treaty.
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,
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
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.
Within one month from the date of the final determination under
Article 47 of the amount of the annuities for which each of the States
concerned is liable, a Commission shall meet in Paris to determine the
method of carrying out the distribution of the nominal capital of the
Ottoman Public Debt as defined in Part A of the Table annexed to this
Section. This distribution shall be made in accordance with the
proportions adopted for the division of the annuities, and account
shall be taken of the terms of the agreements governing the loans and
of the provisions of this Section.
The Commission referred to in the first paragraph shall consist of a
representative of the Turkish Government, a representative of the
Council of the Ottoman Public Debt, a representative of the debt other
than the Unified Debt and the Lots Turcs; each of the Governments
concerned shall also be entitled to appoint a representative. All
questions in regard to which the Commission may be unable to reach
agreement shall be referred to the arbitrator referred to in the
fourth paragraph of Article 47.
If Turkey shall decide to create new securities in respect of her
share, the distribution of the capital of the Ottoman Public Debt
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 new 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
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
(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 conse- quence of the
distribution provided for by Article 50 shall be determined as
(I) As regards the distribution provided for by Article 50 (1), in the
first place the share of the islands referred to in Articles 12 and 15
and of the territories detached from the Ottoman Empire after the
Balkan wars, taken together, shall be fixed. The amount of this share
shall bear the same proportion to the total sum of the annuities to be
distributed in accordance with Article 50 (1) as the average total
revenue of the above mentioned islands and territories, taken as a
whole, bore to the average total revenue of the Ottoman Empire in the
financial years 1910-1911 and 1911-1912, including the proceeds of the
customs surtaxes established in 1907.
The amount thus determined shall then be distributed among the States
to which the territories referred to in the preceding paragraph have
been attributed, and the share for which each of these States will
thus be made liable shall bear the same proportion to the total amount
so distributed as the average total revenue of the territory
attributed to each State bore in the financial years 1910-11 and
1911-12 to the average total revenue of the territories detached from
the Ottoman Empire after the Balkan Wars and the islands referred to
in Articles 12 and 15. In calculating the revenues referred to in this
paragraph, customs revenues shall be excluded.
(2) As regards the territories detached from the Ottoman Empire under
the present Treaty (including the territory referred to in the last
paragraph of Article 46), the amount of the share of each State
concerned shall bear the same proportion to the total sum of the
annuities to be distributed in accordance with Article 50 (2) as the
average total revenue of the detached territory (including the
proceeds of the Customs surtax established in 1907) for the financial
years 1910-11 and 1911-12 bore to the average total revenue of the
Ottoman Empire, excluding the territories and islands referred to in
paragraph (I) of this Article.
The advances referred to in Part B of the Table annexed to the present
Section shall be distributed between Turkey and the other States
referred to in Article 46 under the following conditions:
(I) As regards the advances referred to in the Table which existed on
the 17th October, 1912, the capital amount, if any, outstanding at the
date of the coming into force of the present Treaty, together with the
interest from the dates mentioned in the first paragraph of Article 53
and the repayments made since those dates, shall be distributed in
accordance with the provisions of Article 50 (I) and Article 51 (1).
(2) As regards the amounts for which the Ottoman Empire remains liable
after the first distribution and the advances referred to in the Table
which were contracted by the said Empire between the 17th October,
1912, and the 1st November, 1914, the capital amount, if any,
outstanding at the date of the coming into force of the present
Treaty, together with the interest from the 1st March, 1920, and the
repayments made since that date, shall be distributed in accordance
with the provisions of Article 50 (2) and Article 51 (2).
The Council of the Ottoman Public Debt shall, within three months from
the coming into force of the present Treaty, determine the amount of
the share in these advances for which each of the States concerned is
liable, and notify them of such amount.
The sums for which States other than Turkey are liable shall be paid
by those States to the Council of the Debt and shall be paid by the
Council to the creditors, or credited to the Turkish Government up to
the amount paid by Turkey, by way of interest or repayment, for the
account of those States.
The payments referred to in the preceding paragraph shall be made by
five equal annuities from the coming into force of the present
Treaty. Such portion of these payments as is payable to the creditors
of the Ottoman Empire shall bear interest at the rates laid down in
the contracts governing the advances; the portion to be credited to
the Turkish Government shall be paid without interest.
The annuities for the service of the loans of the Ottoman Public Debt
(as defined in Part A of the Table annexed to this Section) due by the
States in favour of which a territory has been detached from the
Ottoman Empire after the Balkan wars, shall be payable as from the
coming into force of the treaties by which the respective territories
were transferred to those States. In the case of the islands referred
to in Article 12, the annuity shall be payable as from the 1st/14th
November, 1913, and, in the case of the islands referred to in Article
15, as from the 17th October, 1912.
The annuities due by the States newly created in territories in Asia
detached from the Ottoman Empire under the present Treaty, and by the
State to which the territory referred to in the last paragraph of
Article 46 has been attributed, shall be payable as from the 1st
The Treasury Bills of 1911, 1912 and 1913 included in Part A of the
Table annexed to this Section shall be repaid, with interest at the
agreed rate, within ten years from the dates fixed by the contracts.
The States referred to in Article 46, including Turkey, shall pay to
the Ottoman Debt Council the amount of the annuities required for the
service of their share of the Ottoman Public Debt (as defined in Part
A of the Table annexed to this Section) to the extent that such
annuities have remained unpaid as from the dates laid down by Article
53. This payment shall be made, without interest, by means of twenty
equal annuities from the coming into force of the present Treaty.
The amount of the annuities paid to the Council of the Debt by the
States other than Turkey shall, to the extent that they represent
payments made by Turkey for the account of those States, be credited
to Turkey on account of the arrears with which she is debited.
The Council of the Administration of the Ottoman Public Debt shall no
longer include delegates of the German, Austrian and Hungarian
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).
...................... Date of ................Date of Re-.......
Loan...................Contract ...Interest....demption.....Bank of Issue
Osmanie............18-30.4.1890.......4......1931...Imperial Ottoman Bank
Tombac priority...26.4-8.5.1893.......4......1954...Imperial Ottoman Bank
(Oriental Railways)....I-13.3.1894....4......1957...Deutsche Bank
....................................................and its group,
....................................................Bank and two French
5%, 1896............29.2-12.3.1896....5......1946...Imperial Ottoman Bank
Customs, 1902.........17-29.5.1886-...4......1958...Imperial Ottoman Bank
4%, 1903 (Fisheries)..3.10.1888-21.2-.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-..4......1961...Imperial Ottoman 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
Customs 1911.........27.10-9.11.1910..4......1952...Deutsche Bank
.....................,,.............................and its group
Plain of Koniah............5-18.1913.........1932.....
Docks, arsenals......19.11-2 12.1913..5 1/2..1943.....
and naval constructions
5%, 1914................13-26.4.1914..5.....(1962)..Imperial Ottoman Bank
Treasury Bills,............13-7.1911..5......1916*..National Bank
5% 1911 (purchase of warships)......................of Turkey
Treasury Bills,Imperial 18.104.22.1682..6......1915*..Imperial
1913 (induding the bills issued directly) ..........and Co.
*See Article 54.
Advance.................of Contract...........Interest....Capital L 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
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
Turkey, on the one hand, and the other Contracting Powers (except
Greece) on the other hand, reciprocally renounce all pecuniary claims
for the loss and damage suffered respectively by Turkey and the said
Powers and by their nationals (including juridical persons) between
the 1st August, 1914, and the coming into force of the present Treaty,
as the result of acts of war or measures of requisition,
sequestration, disposal or confiscation.
Nevertheless, the above provisions are without prejudice to the
provisions of Part III (Economic Clauses) of the present Treaty.
Turkey renounces in favour of the other Contracting Parties (except
Greece) any right in the sums in gold transferred by Germany and
Austria under Article 259 (I) of the Treaty of Peace of the 28th June,
I9I9, with Germany, and under Article 210 (I) of the Treaty of Peace
of the 10th September, 1919, with Austria.
The Council of the Administration of the Ottoman Public Debt is freed
from all liability to make the payments which it was required to make
by the Agreement of the 20th June, 1331 (3rd July, 1915) relating to
the first issue of Turkish currency notes or by the words inscribed on
the back of such notes.
Turkey also agrees not to claim from the British Government or its
nationals the repayment of the sums paid for the warships ordered in
England by the Ottoman Government which were requisitioned by the
British Government in 1914, and renounces all claims in the matter.
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
The States in favour of which territory was or is detached from the
Ottoman Empire after the Balkan wars or by the present Treaty shall
acquire, without payment, all the property and possessions of the
Ottoman Empire situated therein.
It is understood that the property and possessions of which the
transfer from the Civil List to the State was laid down by the Irades
of the 26th August, 1324 (8th September, I908) and the 20th April,
1325 (2nd May, I909), and also those which, on the 30th October, 1918,
were administered by the Civil List for the benefit of a public
service, are included among the property and possessions referred to
in the preceding paragraph, the aforesaid States being subrogated to
the Ottoman Empire in regard to the property and possessions in
question. The Wakfs created on such property shall be maintained.
The dispute which has arisen between the Greek and Turkish Governments
relating to property and possessions which have passed from the Civil
List to the State and are situated in territories of the former
Ottoman Empire transferred to Greece either after the Balkan wars, or
subsequently, shall be referred to an arbitral tribunal at The Hague,
in accordance with the special protocol No. 2 annexed to the Treaty of
Athens of the 1st-4th November, 1913. The terms of reference shall be
settled between the two Governments.
The provisions of this Article will not modify the juridical nature of
the property and possessions registered in the name of the Civil List
or administered by it, which are not referred to in the second and
third paragraphs above.
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
Turkey recognises the transfer of any claims to payment or repayment
which Germany, Austria, Bulgaria or Hungary may have against her, in
accordance with Article 261 of the Treaty of Peace concluded at
Versailles on the 28th June, 1919, with Germany, and the corresponding
articles of the Treaties of Peace of the l0th September, 1919, with
Austria; of the 27th November, 1919, with Bulgaria; and of the 4th
June, 1920 with Hungary.
The other Contracting Powers agree to release Turkey from the debts
for which she is liable on this account.
The claims which Turkey has against Germany, Austria, Bulgaria and
Hungary, are also transferred to the aforesaid Contracting Powers.
The Turkish Government, in agreement with the other Contracting
Powers, hereby releases the German Government from the obligation
incurred by it during the war to accept Turkish Government currency
notes at a specified rate of exchange in payment for goods to be
exported to Turkey from Germany after the war.
In this part, the expression "Allied Powers" means the Contracting
Powers other than Turkey.
The term "Allied nationals" includes physical persons, companies and
associations of the Contracting Powers other than Turkey, or of a
State or territory under the protection of one of the said Powers.
The provisions of this Part relating to "Allied nationals" shall
benefit persons who without having the nationality of one of the
Allied Powers, have, in consequence of the protection which they in
fact enjoyed at the hands of these Powers, received from the Ottoman
authorities the same treatment as Allied nationals and have, on this
account, been prejudiced.
PROPERTY, RIGHTS AND INTERESTS.
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.
In order to give effect to the provisions of the first and second
paragraphs of Article 65 the High Contracting Parties will, by the
most rapid procedure, restore the owners to the possession of their
property, rights and interests free from any burdens or encumbrances
with which such property, rights and interests may have been charged
without the consent of the said owners. It will be the duty of the
Government of the Power effecting the restitution to provide for the
compensation of third parties who may have acquired the property
directly or indirectly from the said Government and who may be injured
by this restitution. Disputes which may arise in connection with such
compensation shall be dealt with by the ordinary courts.
In all other cases it will be open to any third parties who may be
injured to take action against whoever is responsible, in order to
In order to give effect to these provisions all acts of transfer or
other exceptional war measures, which the High Contracting Parties may
have carried out in respect of enemy property, rights and interests,
shall be immediately cancelled and stayed when liquidation has not yet
been completed. Owners who make claims shall be satisfied by the
immediate restitution of their property, rights and interests as soon
as these shall have been identified.
When at the date of the signature of the present Treaty the property,
rights and interests, the restitution of which is provided for in
Article 65. have been liquidated by the authorities of one of the High
Contracting Parties, that Party shall be discharged from the
obligation to restore the said property, rights and interests by
payment of the proceeds of the liquidation to the owner. If, on
application being made by the owner, the Mixed Arbitral Tribunal
provided for by Section V finds that the liquidation was not effected
in such conditions as to ensure the realisation of a fair price, it
will have the power, in default of agreement between the parties, to
order the addition to the proceeds of the liquidation of such amount
as it shall consider equitable. The said property, rights and
interests shall be restored if the payment is not made within two
months from the agreement with the owner or from the decision of the
Mixed Arbitral Tribunal mentioned above.
Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and
Turkey on the other hand undertake mutually to facilitate, both by
appropriate administrative measures and by the delivery of all
documents relating thereto, the search on their territory for, and the
restitution of, movable property of every kind taken away, seized or
sequestrated by their armies or administrations in the territory of
Turkey, or in the territory of Greece, Roumania or the
Serb-Croat-Slovene State respectively, which are actually within the
territories in question.
Such search and restitution will take place also as regards property
of the nature referred to above seized or sequestrated by German,
Austro-Hungarian or Bulgarian armies or administrations in the
territory of Greece, Roumania or the Serb-Croat-Slovene State, which
has been assigned to Turkey or to her nationals, as well as to
property seized or sequestrated by the Greek, Roumanian or Serbian
armies in Turkish territory, which has been assigned to Greece,
Roumania or the Serb-Croat-Slovene State or to their nationals.
Applications relating to such search and restitution must be made
within six months from the coming into force of the present Treaty.
Debts arising out of contracts 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.
No charge, tax or surtax to which, by virtue of the privileges which
they enjoyed on the 1st August, 1914, Allied nationals and their
property were not subject, shall be collected from Allied subjects or
their property in respect of the financial years earlier than the
financial year 1922-23.
If any sums have been collected after the 15th May, 1923, in respect
of financial years earlier than the financial year 1922-l923, the
amount shall be refunded to the persons concerned, as soon as the
present Treaty comes into force.
No claim for repayment shall be made as regards sums encashed before
the 15th May, 1923.
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.
The British Empire, France, [taly, Roumania and the Serb-Croat-Slovene
State or their nationals having begun claims or suits with regard to
their property, rights and interests against the Ottoman Government
before the 29th October, 1914, the provisions of this Section will not
prejudice such claims or suits.
Claims or suits begun against the British, French, Italian, Roumanian
or Serb-Croat-Slovene Governments by the Ottoman Government or its
nationals will similarly not be prejudiced. These claims or suits will
be continued against the Turkish Government and against the other
Governments mentioned in this Article under the conditions existing
before the 29th October, I9I4, due regard being had to the abolition
of the Capitulations.
In the territories which remain Turkish by virtue of the present
Treaty, property, rights and interests belonging to Germany, Austria,
Hungary and Bulgaria or to their nationals, which before the coming
into force of the present Treaty have been seized or occupied by the
Allied Governments, shall remain in the possession of tlxese
Governments until the conclusion of arrangements between them and the
German, Austrian, Hungarian and Bulgarian Governments or their
nationals who are concerned. If the above-mentioned property, rights
and interests have been liquidated, such liquidation is confirmed.
In the territories detached from Turkey under the present Treaty, the
Governments exercising authority there shall have power, within one
year from the coming into force of the present Treaty, to liquidate
the property, rights and interests belonging to Germany, Austria,
Hungary and Bulgaria or to their nationals.
The proceeds of liquidations, whether they have already been carried
out or not, shall be paid to the Reparation Commission established by
the Treaty of Peace concluded with the States concerned, if the
property liquidated belongs to the German, Austrian, Hungarian or
Bulgarian State. In the case of liquidation of private property, the
proceeds of liquidation shall be paid to the owners direct.
The provisions of this Article do not apply to Ottoman limited
The Turkish Government shall be in no way responsible for the measures
referred to in the present Article.
SECTION II .
CONTRACTS, PRESCRIPTIONS AND JUDGMENTS.
The following classes of contracts concluded, before the date
mentioned in Article 82, between persons who thereafter became enemies
as defined in that Article, remain in force subject to the provisions
of the contracts and to the stipulations of the present Treaty:
(a) Contracts for the sale of real property, even if all formalities
may not have been concluded, provided that delivery did in fact take
place before the date on which the parties became enemies as defined
in Article 82.
(b) Leases and agreements for leases of land and houses entered into
(c) Contracts between individuals regarding the exploitation of mines,
forests or agricultural estates.
(d) Contracts of mortgage, pledge or lien.
(e) Contracts constituting companies, excepting "societes en 'nom
collectif' " which do not constitute, under the law to which they are
subject, an entity separate from that of the persons of which they are
(f) Contracts, whatever may be their purpose, concluded between
individuals or companies and the State, provinces, municipalities or
other similar juridical persons charged with administrative functions.
(g) Contracts relating to family status.
(h) Contracts relating to gifts or bounties of any kind whatever.
This Article cannot be invoked in order to give to contracts a
validity different from that which they had in themselves when they
It does not apply to concessionary contracts.
Insurance contracts are governed by the provisions of the Annex to
Contracts other than those specified in Articles 73 and 74 and other
than concessionary contracts, which were entered into between persons
who subsequently became enemies, shall be considered as having been
annulled as from the date on which the parties became enemies.
Nevertheless, either of the parties to the contract shall have power,
within three months from the coming into force of the present Treaty,
to require the execution of the contract, on condition of paying,
where the circumstances demand it, to the other party compensation
calculated according to the difference between the conditions
prevailing at the time when the contract was concluded and those
prevailing at the time when its maintenance is required. In default of
agreement between the parties, this compensation shall be fixed by the
Mixed Arbitral Tribunal.
The validity of all compromises entered into before the coming into
force of the present Treatybetween nationals of the Contracting
Powers, parties to contracts specified in Articles 73 to 75,
particularly those providing for the cancellation, the maintenance,
the methods of execution, or the modification of such contracts,
including agreements relating to the currency of payment or the rate
of exchange, is confirmed.
Contracts between Allied and Turkish nationals concluded after the
30th October, I918, remain in force and will be governed by the
Contracts duly concluded with the Constantinople Government between
the 30th October, I9I8, and the I6th March, I920, also remain in force
and will be governed by the ordinary law.
All contracts and arrangements duly concluded after the 16th March,
I920, with the Constantinople Government concerning territories which
remained under the effective control of the said Government, shall be
submitted to the Grand National Assembly of Turkey for approval, if
the parties concerned make application within three months from the
coming into force of the present Treaty. Payments made under such
contracts shall be duly credited to the party who has made them.
If approval is not granted, the party concerned shall, if the
circumstances demand it, be entitled to compensation corresponding to
the direct loss which has been actually suffered; such compensation,
in default of an amicable agreement, shall be fixed by the Mixed
The provisions of this Article are not applicable either to
concessionary contracts or to transfers of concessions.
All disputes which already exist, or may arise within the period of
six months mentioned below, relating to contracts, other than
concessionary contracts, between parties who subsequently became
enemies, shall be determined by the Mixed Arbitral Tribunal, with the
exception of disputes which, in accordance with the laws of neutral
Powers are within the competence of the national courts of those
Powers. In the latter case, such disputes shall be determined by the
said national courts, to the exclusion of the Mixed Arbitral
Tribunal. Applications relating to disputes which, under this Article,
are within the competence of the Mixed Arbitral Tribunal, must be
presented to the said Tribunal within a period of six months from the
date of its establishment.
After the expiration of this period, disputes which have not been
submitted to the Mixed Arbitral Tribunal shall be determined by the
competent courts in accordance with the ordinary law.
The provisions of this Article do not apply to cases in which all the
parties to the contract resided in the same country during the war and
there freely disposed of their persons and their property, nor to
disputes in respect of which judgment was given by a competent court
before the date on which the parties became enemies.
All periods whatever of prescription or limitation of right of action,
whether they began to run before or after the outbreak of war, shall
be treated, in the territory of the High Contracting Parties so far as
regards relations between enemies, as having been suspended from the
29th October, I9I4, until the expiration of three months after the
coming into force of the present Treaty.
This provision applies, in particular, to periods of time allowed for
the presentation of interest or dividend coupons, or for the
presentation for payment of securities drawn for redemption or
repayable on any other ground.
As regards Roumania, the above-mentioned periods shall be considered
as having been suspended as from the 27th August 19I6.
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 payrnent, or
to give notice of non-acceptance or non-payment to drawers or
endorsers, or to protest the instrument, nor by reason of failure to
complete any formality during the war.
When the period within which a negotiable instrument should have been
presented for acceptance or payment, or within which notice of
non-acceptance or non-payment should have been given to the drawers or
endorsers, or within which the instrument should have been protested,
has expired during the war, and when the party who should have
presented or protested the instrument or given notice of
non-acceptance or non-payment, has failed to do so during the war, a
period of three months from the coming into force of the present
Treaty shall be allowed within which the presentation, notice of
non-acceptance or non-payment, or protest may be made.
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 Ist May, 1923.
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
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
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.
I. LIFE ASSURANCE.
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
Every sum which, during the war, became due upon a contract deemed not
to have been dissolved in accordance with the preceding paragraph,
shall be recoverable after the war. This sum shall be increased by
interest at 5 per cent. per annum from the date of its becoming due up
to the day of payment.
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.
It is understood that life assurance contracts in money other than the
Turkish pound, entered into before the 29th October, 19I4, between
companies possessing the nationality of an Allied Power and Turkish
nationals, in respect of which the premiums have been paid before and
after the 18th November, 1915, or even only before that date, shall be
regulated, first, by determining the rights of the assured in
accordance with the general conditions of the policy for the period
before the 18th November, 1915, in the currency stipulated in the
contract at the current rate in its country of origin (for example,
every amount stipulated in francs, in gold francs, or in "francs
effectifs" will be paid in French francs), secondly, for the period
after the 18th November, 19I5, in Turkish pounds paper-the Turkish
pound being taken at the pre-war par value.
If Turkish nationals whose contracts were entered into in currency
other than Turkish currency show that they have continued to pay their
premiums since the 18th November, 1915, in the currency stipulated in
the contracts, the said contracts shall be settled in the same
currency at the current rate in its country of origin, even for the
periocl after the 18th November, 19I5.
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.
As regards insurances in Turkish pounds, settlement shall be made in
Turkish pounds paper.
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
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
II. MARINE INSURANCE.
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.
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.
The High Contracting Parties are in agreement in recognising that
debts which were payable before the war or which became payable during
the war under contracts entered into before the war, and which
remained unpaid owing to the war, must be settled and paid, in
accordance with the provisions of the contracts, in the currency
agreed upon, at the rate current in its country of origin.
Without prejudice to the provisions of the Annex to Section II of this
part, it is agreed that where payments to be made under a pre-war
contract are represented by sums collected during the war in whole or
in part in a currency other than that mentioned in the said contract,
such payments can be made by handing over the sums actually collected,
in the currency in which they were collected. This provision shall not
affect settlements inconsistent with the foregoing provisions arrived
at by voluntary agreement between the parties before the coming into
force of the present Treaty.
The Ottoman Public Debt is by general agreement left outside the scope
of.this Section and of the other Sections of this Part (Economic
INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY.
Subject to the stipulations of the present Treaty, rights of
industrial, literary and artistic property as they existed on the 1st
August, I9I4, in accordance with the law of each of the contracting
countries, shall be re-established or restored as from the coming into
force of the present Treaty in the territories of the High Contracting
Parties in favour of the persons entitled to the benefit of them at
the moment when the state of war commenced, or of their legal
representatives. Equally, rights which, but for the war, could have
been acquired during the war, by means of an application legally made
for the protection of industrial property or of the publication of a
literary or artistic work, shall be recognised and established in
favour of those persons who would have been entitled thereto, from the
coming into force of the present Treaty.
Without prejudice to the rights which are required to be restored in
accordance with the above provision, all acts (including the grant of
licences) done by virtue of the special measures taken during the war
by a legislative, executive or administrative authority of an Allied
Power in regard to the rights of Turkish nationals in respect of
industrial, literary or artistic property, shall remain in force and
continue to have their full effect. This provision applies mutatis
mutandis to corresponding measures taken by Turkish authorities in
regard to the rights of the nationals of any Allied Power.
A minimum of one year from the coming into force of the present Treaty
shall be granted, without surtax or penalty of any kind, to Turkish
nationals in the territory of each of the other Contracting Powers,
and to the nationals of these Powers in Turkey, within which they may
accomplish any act, fulfil any formality, pay any fees, and generally
satisfy any obligation prescribed by the laws and regulations of the
respective States for preserving or obtaining or opposing the grant of
rights to industriai property which had already been acquired on the
1st August, I9I4, or which, but for the war, might have been acquired
since that date by means of an application made before or during the
Rights to industrial property which have lapsed by reason of any
failure to accomplish any act, fulfil any formality, or pay any fees
shall be revived, but subject, in the case of patents and designs, to
the adoption of such measures as each Power may deem reasonably
necessary for the protection of the rights of third parties who have
exploited or made use of patents or designs since they had lapsed.
The period from the Ist August, I9I4, until the coming into force of
the present Treaty shall be excluded in calculating the time within
which a patent has to be exploited or a trade-mark or design used, and
it is further agreed that no patent, trade-mark or design in force on
the Ist August, I9I4, shall be subject to revocation or cancellation
by reason only of the failure to exploit such patent or use such
trade-mark or design, for two years after the coming into force of the
No action shall be brought and no claim made on the one hand by
Turkish nationals or persons residing or carrying on business in
Turkey, and on the other hand by nationals of the Allied Powers or
persons residing or carrying on their business in the territory of
these Powers, nor by third parties having derived title during the war
from such persons, by reason of any occurrence which has taken place
within the territory of the other party, between the date of the
beginning of a state of war and that of the coming into force of the
present Treaty, which might tve held to constitute an infringement of
rights of industrial property or rights of literary or artistic
property either existing at any time during the war, or revived under
the provisions of Article 86.
Among the occurrences referred to above are included the use by the
Governments of the High Contracting Parties, or by any person acting
on their behalf, or with their consent, of rights of industrial,
literary or artistic property, as well as the sale, the offering for
sale or the use of products, apparatus, or any articles whatsoever to
which these rights apply.
Licences for the use of industrial property, or for the reproduction
of literary or artistic works, granted before the war by or to
nationals of the Allied Powers or persons residing in their
territories or carrying on business therein, on the one hand, to or by
Turkish nationals on the other hand, shall be considered as cancelled
as from the date of the beginning of a state of war between Turkey and
the Allied Power concerned. But in any case, the former beneficiary of
a licence of this kind shall have the right within a period of six
months from the coming into force of the present Treaty to require
from the proprietor of the rights the grant of a new licence, the
conditions of which, in default of agreement between the parties,
shall be fixed by the Mixed Arbitral Tribunal referred to in Section V
of this Part. The Tribunal shall have the power, where the
circumstances demand it, to fix at the same time the amount which it
considers fair payment for the use of the property during the war.
The inhabitants of territories detached from Turkey under the present
Treaty shall, notwithstanding this transfer and the change of
nationality consequent thereon, continue in complete enjoyment in
Turkey of all the rights in industrial, literary and artistic property
to which they were entitled under Ottoman law at the time of transfer.
Rights of industrial, literary and artistic property which are in
existence in territories detached from Turkey under the present Treaty
at the time of separation, or which are re-established or restored by
the provisions of Article 86, shall be recognised by the State to
which the said territory is transferred, and shall remain in existence
in that territory for the same period of time as that which they would
have enjoyed under Ottoman law.
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.
MIXED ARBITRAL TRIBUNAL.
Within three months from the date of the coming into force of the
present Treaty, a Mixed Arbitral Tribunal shall be established between
each of the Allied Powers, on the one hand, and Turkey, on the other
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
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
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
If a member of the Tribunal should die or resign or for any reason
become unable to perform his duties, he shall be replaced by the
method laid down for his appointment, the above period of two months
running from the date of death, resignation or inability as duly
The seat of the Mixed Arbitral Tribunals shall be at
Constantinople. If the number and character of the cases justify it,
the Governments concerned shall be entitled to create in each Tribunal
onc or more additional Sections, the seat of which shall be in
whatever place may be convenient. Each of these Sections shall be
composed of a vice-president and two members appointed as laid down in
the second, third, fourth and fifth paragraphs of Article 92.
Each Government shall appoint one or more agents to represent it
before the Tribunal.
If, after three years from the establishment of a Mixed Arbitral
Tribunal, or of one of its Sections, such Tribunal or Section has not
finished its work, and if the Power on whose territory such Tribunal
or Section has its seat so requests, the seat shall be removed from
The Mixed Arbitral Tribunals established pursuant to Articles 92 and
93 shall decide all questions within their competence under the
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
The High Contracting Parties further undertake that their Tribunals
and authorities shall directly assist the fixed Arbitral Tribunals in
every way that is in their power, particularly as re- gards the
transmission of notices and the collection of evidence.
The Mixed Arbitral Tribunals shall be guided by justice, equity and
Each Tribunal will determine the language to be used before it, and
shall order such translations to be made as are necessary to ensure
that the proceedings are completely understood; it will lay down rules
and time limits for the procedure to be observed. These rules must be
based on the following principles:
(I) The procedure shall include the presentation of a memorial and a
counter-memorial respectively, with the option of presenting a reply
and a rejoinder. If either of the parties asks for leave to present an
oral argument he will be permitted to do so; in such case the other
party will have the same right.
(2) The Tribunal shall have full power to order enquiries, the
production of documents, and expert examinations, to make a view, to
demand any information, to hear any witnesses and to ask the parties
or their representatives for any verbal or written explanations.
(3) Subject to any contrary provision in the present Treaty, no claim
shall be admitted after the expiry of a period of six months from the
establishment of the Tribunal, except upon express authority contained
in a decision of the said Tribunal and justified as an exceptional
measure by considerations relating to distance or force majeure.
(4) It shall be the duty of the Tribunal to hold as many sittings each
week as may be needed for the prompt despatch of its business, except
during vacations, which shall not exceed a total of eight weeks a
(5) Judgment must always be given within at most two months from the
end of the hearing, after which the Tribunal will at once proceed to
consider its judgment.
(6) Oral arguments, if any, shall be heard in public, and in all cases
judgment shall be delivered in public.
(7) Each Mixed Arbitral Tribunal shall be entitled to hold sittings
elsewhere than in the place where its seat is established, if it
considers it advantageous for the despatch of business.
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
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.
Each Government shall pay the emoluments of the member of the Mixed
Arbitral Tribunal whom it appoints, as well as those of any agent or
secretary appointed by it.
The emoluments of the President and those of the Secretary-General
shall be fixed by agreement between the Governments concerned, and
these emoluments and the general expenses of the Tribunal shall be
paid in equal shares by the two Governments.
The present section shall not apply to cases between Japan and Turkey,
which, according to the terms of the present Treaty, would fall within
the competence of the Mixed Arbitral Tribunal. Such cases shall be
settled by agreement between the two Govern- ments.
From the coming into force of the present Treaty and subject to the
provisions thereof, the multilateral treaties, conventions and
agreements of an economic or technical character enumerated below
shall enter again into force between Turkey and those of the other
Contracting Powers party thereto:
(I) Conventions of March 14, 1884, of December 1, 1886, and of March
23, 1887, and Final Protocol of July 7, 1887, regarding the protection
of submarine cables;
(2) Convention of July 5, 1890, regarding the publication of customs
tariffs and the organisation of an International Union for the
publication of customs tariffs;
(3) Arrangement of December 9, 1907, regarding the creation of the
International Office of Public Hygiene at Paris;
(4) Convention of June 7, 1905, regarding the creation of an
International Agricultural Institute at Rome;
(5) Convention of July 16, 1863, for the redemption of the toll dues
on the Scheldt;
(6) Convention of October 29, 1888, regarding the establishment of a
definite arrangement guaranteeing the free use of the Suez Canal,
subject to the special stipulations provided for by Article 19 of the
(7) Conventions and Agreements of the Universal Postal Union,
including the Conventions and Agreements signed at Madrid on November
(8) International Telegraphic Conventions signed at St. Petersburgh on
July 10-22, 1875; Regulations and Tariffs drawn up by the
International Telegraph Conference, Lisbon, June 11, 1908.
Turkey undertakes to adhere to the Conventions or Agreements
enumerated below, or to ratify them:
(I) Convention of October 11, 1909, regarding the inter- national
circulation of motor cars;
(2) Agreement of May 15, 1886, regarding the sealing of railway trucks
subject to customs inspection and Protocol of May 18, 1907;
(3) Convention of September 23, 1910, respecting the unification of
certain regulations regarding collisions and salvage at sea;
(4) Convention of December 21, 1904, regarding exemption of hospital
ships from dues and charges in ports;
(5) Conventions of May 18, 1904, of May 4, 1910, and of September 30,
1921, regarding the suppression of the White Slave Traffic;
(6) Conventions of May 4, 1910, regarding the suppression of obscene
(7) Sanitary Convention of January 17, 1912, Articles 54, 88 and 90
(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
St. Germain-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, I890,
signed at St. 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.
COMMUNICATIONS AND SANITARY QUESTIONS.
Turkey undertakes to adhere to the Convention and to the Statute
respecting the Freedom of Transit adopted by the Conference of
Barcelona on the 14th April, 192I, 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, Statutes and Protocol as from the entry into force
of the present Treaty.
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."
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.
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.
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 I6, 1895, June 16, 1898,
and September 19, 1906, regarding the transportation of goods by rail.
When, as a result of the fixing of new frontiers, a railway connection
between two parts of the same country crosses another country, or a
branch line from one country has its terminus in another, the
conditions of working, 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 .
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 Grseco-Bulgarian frontier and the Grceco-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 stipulations of this Article are
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 stipulations, 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 stipulations 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
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
In the event of Turkey constructing later a railway line joining
Adrianople to the line between Kuleli-Burgas and Constantinople, the
stipulations of this Article shall lapse in so far as concerns transit
between the points on the Graoco-Turkish frontier lying near
Kuleli-Burgas and Bosna-Keuy 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 stipulations of paragraph I shall remain in force
for transit over the two sections of the Oriental Railways between the
Graeco-Bulgarian frontier and Bosna-Keuy.
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 concessionnaries and the pensioning of the personnel, the transfer
of railways will take place under the following conditions:
(I) 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 rolling-stock
shall be made by friendly agreement between the administrations taking
over the several sections thereof. This agreement shall have regard to
the amount of the material registered on those lines in the last
inventory before the 30th October, 1918, 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.
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.
Roumania and Turkey will come to an agreement as to an equitable
arrangement for the working conditions of the Constanza-Constantinople
cable. Failing agreement, the matter shall be settled by arbitration.
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
Turkey will retain the rights of property which she may already
possess over those cables of which at least one end remains in Turkish
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.
Each of the High Contracting Parties hereby accepts, in so far as it
is concerned, the abolition of foreign post offfices in Turkey.
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.
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 flags, and to nationals of foreign Powers
under the same conditions as to nationals of Turkey.
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, or the employment of the
funds remaining after the 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.
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 Coordination Commission
for pilgrimages, on which the sanitary service of Turkey and the
Maritime Sanitary and Quarantine Council of Egypt shall be
This Commission must obtain the previous consent of the State on whose
territory it holds its meeting.
Reports on the work of the Pilgrimage Coordination 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.
PRISONERS 0F WAR.
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,
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.
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.
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.
The High Contracting Parties waive reciprocally all repayments of sums
due for the maintenance of prisoners of war captured by their armies.
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 national 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.
The High Contracting Parties further undertake to furnish each other:
(I) A complete list of prisoners of war and interned civilians who
have died in captivity, together with all information tending towards
(2) All information as to the number and position of the graves of all
those who have been buried without identification.
The maintenace 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.
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.
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 civil- ians who died in
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 same obligations in so
far as concerns its territory.
The above provisions shall not affect Turkish or Greek sovereignty
over the land thus granted.
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. [See
Introduction.] 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 right 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 Iying
outside the cemeteries;
(4) No dwelling houses may be erected in the area, either inslde or
outside the cemeteries, except such as are strictly necessary for the
(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 the 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 stipulations 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
(8) The Turkish Government must be informed at least a week in advance
of the arrival of any party of visitors exceeding 150 persons.
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
(1) the offficial 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
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.
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.
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
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
The land referred to in Articles 128 to 131 shall not be subjected by
Turkey or the Turkish authorities, or by Greece or the Greek
authorities, as the case may be, to any form of 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.
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.
Subject to any agreements concluded between the High Contracting
Parties, the decisions talcen 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 claims against the
Powers or their authority.
All other claims arising from injury suffered in consequence of any
such decisions or orders shall be submitted to the Mixed Arbitral
In judicial matters, the decisions given and orders issued in Turkey
from the 30th 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
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
Government, 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
Government, 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 stipulations 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.
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
It is understood that 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 seized 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.
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.
The present Treaty shall be ratified as soon as possible.
The ratifications 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
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
A first proces-verbal of the deposit of ratifications shall be drawn
up as soon as 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 ratifications.
From the date of this first proces-verbal the Treaty 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 ratifications.
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
ratifications, even if at that time the proces-verbal referred to
above has not yet been drawn up.
The French Government will transmit to all the Signatory Powers a
certified copy of the proces-verbaux of the deposit of
In faith whereof the above-named Plenipotentiaries have slgned the
Done at Lausanne, the 24th July, 1923, in a single copy, which will be
deposited in the archives of the Government of the French Republlc,
which will transmit a certified copy to each of the Contracting
(L.S.) HORACE RUMBOLD.
(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.) M. ISMET.
(L.S.) DR. RIZA NOUR.
(L S. ) HASSAN.
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