THE TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS
AND TURKEY
SIGNED AT SÈVRES
AUGUST 10, 1920
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PART IX.
ECONOMIC CLAUSES.
SECTION I.
COMMERCIAL RELATIONS.
ARTICLE 261 .
The capitulatory regime resulting from treaties, conventions
or usage shall be re-established in favour of the Allied Powers
which directly or indirectly enjoyed the benefit thereof before
August 1, 1914, and shall be extended to the Allied Powers which
did not enjoy the benefit thereof on that date.
ARTICLE 262.
The Allied Powers who had post-offices in the former Turkish
Empire before August 1, 1914, will be entitled to re-establish
post-offices in Turkey.
ARTICLE 263.
The Convention of April 25, 1907, so far as it relates to the
rate of import duties in Turkey, shall be re-established in force
in favour of all the Allied Powers.
Nevertheless the Financial Commission established in accordance with Article 231, Part VIII (Financial Clauses) of the present
Treaty may at any time authorise a modification of these import
duties, or the imposition of consumption duties, provided that
any duties so modified or imposed shall be applied equally to
goods of whatever ownership or origin.
No modification of existing duties or imposition of new duties
authorised by the Financial Commission by virtue of this Article shall take effect until after a period of six months from its notification to all the Allied Powers. During this period the Commission shall consider any observations relative thereto which may
be formulated by any Allied Power.
ARTICLE 264.
Subject to any rights and exemptions resulting from concession
contracts made before August 1, 1914, the Financial Commission
shall be entitled to authorise the application by Turkey, in the
conditions of equality laid down in Article 263, to the persons or
property of the nationals of the Allied Powers of any taxes or
duties which shall similarly be imposed on Turkish subjects in
the interests of the economic stability and good government of
Turkey.
The Financial Commission shall also be entitled to authorise
the application, in the same interests and in the same conditions
to the nationals of the Allied Powers of any prohibitions on import
or export.
No such tax, duty or prohibition shall take effect until after a
period of six months from its notification to all the Allied Powers.
During this period the Commission shall consider any observations relative thereto that may be formulated by any Allied
Power.
ARTICLE 265.
In the case of vessels of the Allied Powers all classes of certificates or documents relating to the vessel which were recognised
as valid by Turkey before the war, or which may hereafter be
recognised as valid by the principal maritime States, shall be
recognised by Turkey as valid and as equivalent to the corresponding certificates issued to Turkish vessels.
A similar recognition shall be accorded to the certificates and
documents issued to their vessels by the Governments of new
States, whether they have a sea-coast or not, provided that such
certificates and documents shall be issued in conformity with the
general practice observed in the principal maritime States.
The High Contracting Parties agree to recognise the flag
flown by the vessels of an Allied Power or a new State having
no sea-coast which are registered at some one specified place
situated in its territory; such place shall serve as the port of
registry of such vessels.
ARTICLE 266.
Turkey undertakes to adopt all the necessary legislative and
administrative measures to protect goods the produce or manufacture of any one of the Allied Powers or new States from all
forms of unfair competition in commercial transactions.
Turkey undertakes to prohibit and repress by seizure and by
other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of
all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices or descriptions whatsoever
which are calculated to convey directly or indirectly a false
indication of the origin, type, nature or special characteristics of
such goods.
ARTICLE 267.
Turkey undertakes, on condition that reciprocity is accorded
in these matters, to respect any law, or any administrative or
judicial decision given in conformity with such law, in force in
any Allied State or new State and duly communicated to her by
the proper authorities, defining or regulating the right to any
regional appellation in respect of wine or spirits produced in the
State to which the region belongs, or the conditions under which
the use of any such appellation may be permitted; and the importation, exportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations
inconsistent with such law or order shall be prohibited by Turkey
and repressed by the measures prescribed in Article 266.
ARTICLE 268.
If the Turkish Government engages in international trade, it
shall not in respect thereof have or be deemed to have any rights,
privileges or immunities of sovereignty.
SECTION II.
TREATIES.
ARTICLE 269.
From the coming into force of the present Treaty and subject
to the provisions thereof the multilateral treaties, conventions
and agreements of an economic or technical character enumerated below and in the subsequent Articles shall alone be applied
as between Turkey and those of the Allied Powers party thereto:
(1) Conventions of March 14, 1884, of December 1, 1886,
and of March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables.
(2) Convention of July 5, 1890, regarding the publication of
customs tariffs and the organisation of an International Union
for the publication of customs tariffs.
(3) Arrangement of December 9, 1907, regarding the creation
of an International Office of Public Hygiene at Paris.
(4) Convention of June 7, 1995, regarding the creation of an
International Agricultural Institute at Rome.
(5) Convention of June 27, 1855, relating to the Turkish Loan.
(6) Convention of July 16, 1863, for the redemption of the
toll dues on the Scheldt.
(7) Convention of October 29, 1888, regarding the establishment of a definite arrangement guaranteeing the free use of the
Suez Canal.
ARTICLE 270.
From the coming into force of the present Treaty, the High
Contracting Parties shall apply the conventions and agreements
hereinafter mentioned, in so far as concerns them, on condition
that the special stipulations contained in this Article are fulfilled
by Turkey.
Postal Conventions:
Conventions and Agreements of the Universal Postal Union
concluded at Vienna on July 4, 1891.
Conventions and Agreements of the Postal Union signed at
Washington on June 15, 1897.
Conventions and Agreements of the Postal Union signed at
Rome on May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg on July 10/22, 1875.
Regulations and Tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908.
Turkey undertakes not to refuse her consent to the conclusion
by new States of the special arrangements referred to in the
Conventions and Agreements relating to the Universal Postal
Union and to the International Telegraphic Union, to which
the said new States have adhered or may adhere.
ARTICLE 271.
From the coming into force of the present Treaty the High
Contracting Parties shall apply, in so far as concerns them, the
International Radio-Telegraphic Convention of July 5, 1912,
on condition that Turkey fulfils the provisional regulations
which will be indicated to her by the Allied Powers.
If within five years after the coming into force of the present
Treaty a new convention regulating international radio-telegraphic communications should have been concluded to take
the place of the Convention of July 5, 1912, this new convention
shall bind Turkey, even if Turkey should refuse either to take
part in drawing up the convention or to subscribe thereto.
This new convention will likewise replace the provisional
regulations in force.
ARTICLE 272.
Turkey undertakes:
(1) Within a period of twelve months from the coming into
force of the present Treaty to adhere in the prescribed form to
the International Convention of Paris of March 20, 1883, for
the protection of industrial property, revised at Washington on
June 2, 1911, and the International Convention of Berne of
September 9, 1886, for the protection of literary and artistic
works, revised at Berlin on November 13, 1908, and the Additional Protocol of Berne of March 20, 1914, relating to the protection of literary and artistic works:
(2) Within the same period, to recognise and protect by effective legislation, in accordance with the principles of the said
Conventions, the industrial, literary and artistic property of
nationals of the Allied States or of any new State.
In addition, and independently of the obligations mentioned
above, Turkey undertakes to continue to assure such recognition
and such protection to all the industrial, literary and artistic
property of the nationals of each of the Allied States and of any
new State to an extent at least as great as upon August 1, 1914,
and upon the same conditions.
ARTICLE 273.
Turkey undertakes to adhere to the conventions and arrangements hereinafter mentioned, or to ratify them:
(1) Convention of October 11, 1909, regarding the international circulation of motor cars.
(2) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May
(3) Convention of December 31, 1913, regarding the unification of commercial statistics.
(4) Convention of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.
(5) Convention of December 21, 1904, regarding the exemption of hospital ships from dues and charges in ports.
(6) Conventions of May 18, 1904, and of May 4, 1910, regarding the suppression of the White Slave Traffic.
(7) Convention of May 4, 1910, regarding the suppression of
obscene publications.
(8) Sanitary Conventions of January 30, 1892, April 15, 1893,
April 3, 1894, March 19, 1897, and December 3, 1903.
(9) Convention of November 29, 1906, regarding the unification of pharmacopseial formulae for potent drugs.
(10) Conventions of November 3, 1881, and April 15, 1889,
regarding precautionary measures against phylloxera.
(11) Convention of March 19, 1902, regarding the protection
of birds useful to agriculture.
ARTICLE 274.
Each of the Allied Powers, being guided by the general principles or special provisions of the present Treaty, shall notify
to Turkey the bilateral treaties or conventions which such Allied
Power wishes to revive with Turkey.
The notification referred to in this Article shall be made either
directly or through the intermediary of another Power. Receipt
thereof shall be acknowledged in writing by Turkey. The date
of the revival shall be that of the notification.
The Allied Powers undertake among themselves not to revive
with Turkey any conventions or treaties which are not in accordance with the terms of the present Treaty.
The notification shall mention any provisions of the said
conventions and treaties which, not being in accordance with the
terms of the present Treaty, shall not be considered as revived.
In case of any difference of opinion, the League of Nations
will be called on to decide.
A period of six months from the coming into force of the
present Treaty is allowed to the Allied Powers within which to
make the notification.
Only those bilateral treaties and conventions which have been
the subject of such a notification shall be revived between the
Allied Powers and Turkey; all the others are and shall remain
abrogated.
The above regulations apply to all bilateral treaties or conventions existing between all the Allied Powers and Turkey,
even if the said Allied Powers have not been in a state of war
with Turkey.
The provisions of this Article do not prejudice the stipulations
of Article 261.
ARTICLE 275.
Turkey recognises that all the treaties, conventions or agreements which she has concluded with Germany, Austria, Bulgaria
or Hungary since August 1, 1914, until the coming into force of
the present Treaty are and remain abrogated by the present
Treaty.
ARTICLE 276.
Turkey undertakes to secure to the Allied Powers, and to the
officials and nationals of the said Powers, the enjoyment of all
the rights and advantages of any kind which she may have
granted to Germany, Austria, Bulgaria or Hungary, or to the
officials and nationals of these States by treaties, conventions
or arrangements concluded before August 1, 1914, so long as
those treaties, conventions or arrangements remain in force.
The Allied Powers reserve the right to accept or not the enjoyment of these rights and advantages.
ARTICLE 277.
Turkey recognises that all treaties, conventions or arrangements which she concluded with Russia, or with any State or
Government of which the territory previously formed a part of
Russia, before August 1, 1914, or after that date until the coming
into force of the present Treaty, or with Roumania after August
15, 1916, until the coming into force of the present Treaty, are
and remain abrogated.
ARTICLE 278.
Should an Allied Power, Russia, or a State or Government of
which the territory formerly constituted a part of Russia, have
been forced since August 1, 1914, by reason of military occupation or by any other means or for any other cause, to grant or to
allow to be granted by the act of any public authority, concessions, privileges and favours of any kind to Turkey or to a Turkish national, such concessions, privileges and favours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this annulment shall be charged against the Allied Powers or the Powers, States, governments or public authorities which are released from their engagements by this Article.
ARTICLE 279.
From the coming into force of the present Treaty, Turkey undertakes to give the Allied Powers and their nationals the benefit ipso facto of the rights and advantages of any kind which
she has granted by treaties, conventions or arrangements to
non-belligerent States or their nationals since August 1, 1914,
until the coming into force of the present Treaty, so long as those treaties, conventions or arrangements remain in force.
ARTICLE 280.
Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at the Hague on January 23, 1912, agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.
Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force.
For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the Protocol of the deposit of ratifications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the Additional Protocol of 1914.
SECTION III .
INDUSTRIAL PROPERTY.
ARTICLE 281.
Subject to the stipulations of the present Treaty, rights of
industrial, literary and artistic property, as such property is
defined by the International Conventions of Paris and of Berne
mentioned in Article 272, shall be re-established or restored, as
from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons
entitled to the benefit of them at the moment when the state of
war commenced, or their legal representatives. Equally, rights
which, except for the war, would have been acquired during the
war in consequence of an application made for the protection of
industrial property, or the publication of a literary or artistic
work, shall be recognised and established in favour of those
persons who would have been entitled thereto, from the coming
into force of the present Treaty.
Nevertheless, all acts done by virtue of the special measures
taken during the war under legislative, executive or administrative authority of any Allied Power in regard to the rights of
Turkish nationals in industrial, literary or artistic property shall
remain in force and shall continue to maintain their full effect.
No claim shall be made or action brought by Turkey or Turkish
nationals in respect of the use during the war by the Government
of any Allied Power, or by any person acting on behalf or with
the assent of such Government, of any rights in industrial,
literary or artistic property, nor in respect of the sale, offering
for sale or use of any products, articles or apparatus whatsoever
to which such rights applied.
Unless the legislation of any one of the Allied Powers in force
at the moment of the signature of the present Treaty otherwise
directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in the
second paragraph of this Article shall be dealt with in the same
way as other sums due to Turkish nationals are directed to be
dealt with by the present Treaty; and sums produced by any
special measures taken by the Turkish Government in respect
of rights in industrial, literary or artistic property belonging to
the nationals of the Allied Powers shall be considered and treated
in the same way as other debts due from Turkish nationals.
Each of the Allied Powers reserves to itself the right to impose
such limitations, conditions or restrictions on rights of industrial
literary or artistic property (with the exception of trade-marks)
acquired before or during the war, or which may be subsequently
acquired in accordance with its legislation, by Turkish nationals
whether by granting licences, or by the working, or by preserving
control over their exploitation, or in any other way, as may be
considered necessary for national defence, or in the public interest
or for assuring the fair treatment by Turkey of the rights of
industrial, literary and artistic property held in Turkish territory
by its nationals, or for securing the due fulfilment of all the
obligations undertaken by Turkey in the present Treaty. As
regards rights of industrial, literary and artistic property acquired after the coming into force of the present Treaty, the right
so reserved by the Allied Powers shall only be exercised in cases
where these limitations, conditions or restrictions may be considered necessary for national defence or in the public interest.
In the event of the application of the provisions of the preceding paragraph by any Allied Power, there shall be paid reasonable indemnities or royalties, which shall be dealt with in the
same way as other sums due to Turkish nationals are directed to
be dealt with by the present Treaty.
Each of the Allied Powers reserves the right to treat as void
and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic
property effected after August 1, 1914, or in the future, which
would have the result of defeating the objects of the provisions
of this Article.
The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in
the liquidation of businesses or companies under war legislation
by the Allied Powers, or which may be so dealt with by virtue of
Article 289.
ARTICLE 282
A minimum of one year after the coming into force of the
present Treaty shall be accorded to the nationals of the High
Contracting Parties, without extension fees or other penalty,
in order to enable such persons to accomplish any act, fulfil any
formality, pay any fees, and generally satisfy any obligation
prescribed by the laws or regulations of the respective States
relating to the obtaining, preserving or opposing rights to, or in
respect of, industrial property either acquired before August 1,
1914, or which, except for the war, might have been acquired
since that date as a result of an application made before the war
or during its continuance.
All rights in, or in respect of, such property which may have
lapsed by reason of any failure to accomplish any act, fulfil any
formality, or make any payment shall revive, but subject in the
case of patents and designs to the imposition of such conditions
as each Allied Power may deem reasonably necessary for the
protection of persons who have manufactured or made use of the
subject-matter of such property while the rights had lapsed.
Furhter, where rights to patents or designs belonging to Turkish
nationals are revived under this Article, they shall be sub]ect
in respect of the grant of licences to the same provisions as would
have been applicable to them during the war, as well as to all
the provisions of the present Treaty.
The period from August 1, 1914, until the coming into force
of the present Treaty shall be excluded in considering the time
within which a patent should be worked or a trade-mark or
design used, and it is further agreed that no patent, registered
trade-mark or design in force on August 1, 1914, shall be subject
to revocation or cancellation by reason only of the failure to work
such patent or use such trade-mark or design for two years after
the coming into force of the present Treaty.
ARTICLE 283.
No action shall be brought and no claim made by persons
residing or carrying on business within the territories of Turkey
on the one part and of the Allied Powers on the other, or persons
who are nationals of such Powers respectively, or by any one
deriving title during the war from such persons, by reason of any
action which has taken place within the territory of the other
party between the date of the existence of a state of war and
that of the coming into force of the present Treaty, which might
constitute an infringement of the rights of industrial property or
rights of literary and artistic property, either existing at any
time during the war or revived under the provisions of Article 282.
Equally, no action for infringement of industrial, literary or
artistic property rights by such persons shall at any time be
permissible in respect of the sale or offering for sale for a period
of one year after the signature of the present Treaty in the
territories of the Allied Powers on the one hand, or Turkey on
the other, of products or articles manufactured, or of literary or
artistic works published, during the period between the existence
of a state of war and the signature of the present Treaty, or
against those who have acquired and continue to use them. It
is understood, nevertheless, that this provision shall not apply
when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by
Turkey during the war.
ARTICLE 284.
Licences in respect of industrial, literary or artistic property
concluded before the war between nationals of the Allied Powers
or persons residing in their territory or carrying on business
therein on the one part, and Turkish nationals on the other part
shall be considered as cancelled as from the date of the existence
of a state of war between Turkey and the Allied Power. But in
any case the former beneficiary of a contract of this kind shall
have the right, within a period of six months after the coming
into force of the present Treaty, to demand from the proprietor
of the rights the grant of a new licence, the conditions of which
in default of agreement between the parties, shall be fixed by the
duly qualified tribunal in the country under whose legislation
the rights had been acquired, except in the case of licences held
in respect of rights acquired under Turkish law. In such cases
the conditions shall be fixed by the Arbitral Commission referred
to in Article 287. The tribunal or the Commission may, if necessary, fix also the amount which it may deem just should be paid
by reason of the use of the rights during the war.
No licence in respect of industrial, literary or artistic property
granted under the special war legislation of any Allied Power
shall be affected by the continued existence of any licence entered
into before the war, but shall remain valid and of full effect, and
a licence so granted to the former beneficiary of a licence entered
into before the war shall be considered as substituted for such
licence.
Where sums have been paid during the war by virtue of a
licence or agreement concluded before the war in respect of
rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums
shall be dealt with in the same manner as other debts or credits
of Turkish nationals as provided by the present Treaty.
ARTICLE 285.
The inhabitants of territories detached from Turkey under
the present Treaty shall, notwithstanding this transfer and the
change of nationality consequent thereon, continue to enjoy
in Turkey all the rights in industrial, literary and artistic property
to which they were entitled under Turkish legislation at the time
of the transfer.
Rights of industrial, literary and artistic property which are in
force in the territories detached from Turkey under the present
Treaty at the moment of the transfer, or which will be re-established or restored in accordance with the provisions of Article
281, shall be recognised by the State to which the said territory
is transferred, and shall remain in force in that territory for the
same period of time given them under the Turkish law.
ARTICLE 286.
A special convention shall determine all questions relative to
the records, registers and copies in connection with the protection
of industrial, literary or artistic property, and fix their eventual
transmission or communication by the Turkish offices to the
offices of the States in favour of which territory is detached from
Turkey.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 287.
The property, rights and interests situated in territory which
was under Turkish sovereignty on August 1, 1914, and belonging
to nationals of Allied Powers who were not during the war
Turkish nationals, or of companies controlled by them, shall be
immediately restored to their owners free of all taxes levied by or
under the authority of the Turkish Government or authorities,
except such as would have been leviable in accordance with the
capitulations. Where property has been confiscated during the
war or sequestrated in such a way that its owners enjoyed no
benefit therefrom, it shall be restored free of all taxes whatever.
The Turkish Government shall take such steps as may be
within its power to restore the owner to the possession of his
property free from all encumbrances or burdens with which it
may have been charged without his assent. It shall indemnify
all third parties injured by the restitution.
If the restitution provided for in this Article cannot be effected,
or if the property, rights or interests have been damaged or
injured, whether they have been seized or not, the owner shall
be entitled to compensation. Claims made in this respect by
the nationals of Allied Powers or by companies controlled by
them shall be investigated and the total of the compensation
shall be determined by an Arbitral Commission to be appointed
by the Council of the League of Nations. This compensation
shall be borne by the Turkish Government and may be charged
upon the property of Turkish nationals within the territory or
under the control of the claimant's State. So far as it is not met
from this source it shall be satisfied out of the annuity referred
to in Article 236 (ii), Part VIII. (Financial Clauses) of the
present Treaty.
The above provision shall not impose any obligation on the
Turkish Government to pay compensation for damage to property, rights and interests effected since October 30, 1918, in
territory in the effective occupation of the Allied Powers and
detached from Turkey by the present Treaty. Compensation
for any actual damage to such property, rights and interests
inflicted by the occupying authorities since the above date shall
be a charge on the Allied authorities responsible.
ARTICLE 288.
The property, rights and interests in Turkey of former Turkish
nationals who acquire ipso facto the nationality of an Allied
Power or of a new State in accordance with the provisions of the
present Treaty, or any further Treaty regulating the disposal of
territories detached from Turkey, shall be restored to them in
their actual condition.
ARTICLE 289.
Subject to any contrary stipulations which may be provided
in the present Treaty, the Allied Powers reserve the right to
retain and liquidate all property, rights and interests of Turkish
nationals, or companies controlled by them, within their territories, colonies, possessions and protectorates, excluding any
territory under Turkish sovereignty on October 17, 1912.
The liquidation shall be carried out in accordance with the
laws of the Allied Power concerned, and the Turkish owner
shall not be able to dispose of such property, rights, or interests,
or to subject them to any charge, without the consent of that
Power.
ARTICLE 290.
Turkish nationals who acquire ipso facto the nationality of an
Allied Power or of a new State in accordance with the provisions
of the present Treaty, or any further Treaty regulating the
disposal of territories detached from Turkey, will not be considered as Turkish nationals within the meaning of the fifth
paragraph of Article 281, Articles 282, 284, the third paragraph
of Article 287, Articles 289, 291, 292, 293, 301, 302, and 308.
ARTICLE 291.
All property, rights and interests of Turkish nationals within
the territory of any Allied Power, excluding any territory under
Turkish sovereignty on October 17, 1912, and the net proceeds
of their sale, liquidation or other dealing therewith may be
charged by that Allied Power with payment of amounts due in
respect of claims by the nationals of that Allied Power under
Article 287 or in respect of debts owing to them by Turkish
nationals.
The proceeds of the liquidation of such property, rights and
interests not used as provided in Article 289 and the first paragraph of this Article shall be paid to the Financial Commission
to be employed in accordance with the provisions of Article 236
(ii), Part VIII (Financial Clauses) of the present Treaty.
ARTICLE 292.
The Turkish Government undertakes to compensate its
nationals in respect of the sale or retention of their property,
rights or interests in Allied countries.
ARTICLE 293
The Governments of an Allied Power or new State exercising
authority in territory detached from Turkey in accordance with
the present Treaty or any other Treaty concluded since October
17, 1912, may liquidate the property, rights and interests of
Turkish companies or companies controlled by Turkish nationals
in such territory; the proceeds of the liquidation shall be paid
direct to the company.
This Article shall not apply to companies in which Allied
nationals, including those of the territories placed under mandate,
had on August 1, 1914, a preponderant interest.
The provisions of the first paragraph of this Article relating to
the payment of the proceeds of liquidation do not apply in the
case of railway undertakings where the owner is a Turkish company in which the majority of the capital or the control is held
by German, Austrian, Hungarian or Bulgarian nationals either
directly or through their interests in a company controlled by
them, or was so held on August 1, 1914. In such case the proceeds of the liquidation shall be paid to the Financial Commission.
ARTICLE 294.
The Turkish Government shall, on the demand of the Principal
Allied Powers, take over the undertaking, property, rights and
interests of any Turkish company holding a railway concession in
Turkish territory as it results from the present Treaty, and shall
transfer in accordance with the advice of the Financial Commission the said undertaking, property, rights and interests,
together with any interest which it may hold in the line or in the
undertaking, at a price to be fixed by an arbitrator nominated
by the Council of the League of Nations. The amount of this
price shall be paid to the Financial Commission and shall be
distributed by it, together with any amount received in accordance with Article 293, among the persons directly or indirectly
interested in the company, the proportion attributable to the
interests of nationals of Germany, Austria, Hungary or Bulgaria
being paid to the Reparation Commission established under the
Treaties of Peace with Germany, Austria, Hungary and Bulgaria respectively; the proportion of the price attributable to
the Turkish Government shall be retained by the Financial
Commission for the purposes referred to in Article 236, Part Vlll
(Financial Clauses) of the present Treaty.
ARTICLE 295.
Until the expiration of a period of six months from the coming
into force of the present Treaty, the Turkish Government will
effectively prohibit all dealings with the property, rights and
interests within its territory which belong, at the date of the
coming into force of the present Treaty, to Germany, Austria,
Hungary, Bulgaria or their nationals, except in so far as may be
necessary for the carrying into effect of the provisions of Article
260 of the Treaty of Peace with Germany or any corresponding
provisions in the Treaties of Peace with Austria, Hungary or
Bulgaria.
Subject to any special stipulations in the present Treaty
affecting property of the said States, the Turkish Government
will proceed to liquidate any of the property, rights or interests
above referred to which may be notified to it within the said
period of six months by the Principal Allied Powers. The said
liquidation shall be effected under the direction of the said
Powers and in the manner indicated by them. The prohibition
of dealings with such property shall be maintained until the
liquidation is completed.
The proceeds of liquidation shall be paid direct to the owners,
except where the property so liquidated belongs to the German,
Austrian, Hungarian or Bulgarian States, in which event the
proceeds shall be handed over to the Reparation Commission
established under the Treaty of Peace with the State to which
the property belonged.
ARTICLE 296.
The Governments exercising authority in territory detached
from Turkey in accordance with the present Treaty may liquidate
any property, rights and interests within such territory which
belong at the date of the coming into force of the present Treaty
to Germany, Austria, Hungary, Bulgaria or their nationals,
unless they have been dealt with under the provisions of Article
260 of the Treaty of Peace with Germany or any corresponding
provisions in the Treaties of Peace with Austria, Hungary or
Bulgaria.
The proceeds of liquidation shall be disposed of in the manner
provided in Article 295.
ARTICLE 297.
If on the application of the owner the Arbitral Commission
provided for in Article 287 is satisfied that the conditions of sale
of any property liquidated in virtue of Articles 293, 295 or 296,
or measures taken outside its general legislation by the Government exercising authority in the territory in which the property
was situated, were unfairly prejudicial to the price obtained,
the Commission shall have discretion to award to the owner
equitable compensation to be paid by that Government.
ARTICLE 298.
The validity of vesting orders and of orders for the winding-up
of businesses or companies and of any other orders, directions
decisions or instructions of any court or any department of the
Government of any of the Allied Powers made or given, or purporting to be made or given, in pursuance of war legislation with
regard to enemy property, rights and interests in their territories
is confirmed.
The interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or instruction dealing with such property in which they may be interested,
whether or not such interests are specifically mentioned in the
order, direction, decision or instruction
No question shall be raised as to the regularity of a transfer
of any property, rights or interests dealt with in pursuance of
any such order, direction, decision or instruction.
Every action taken with regard to any property, business or
comapny in the territories of the Allied Powers, whether as
regards its investigation, sequestration, compulsory administration, use, requisition, supervision or winding-up, the sale or
management of property, rights or interests, the collection or
discharge of debts, the payment of costs, charges or expenses,
or any other matter whatsoever in pursuance of orders, directions, decisions or instructions of any court or of any department
of the Government of any of the Allied Powers, made or given,
or purporting to be made or given, in pursuance of war legislation
with regard to enemy property, rights or interests, is confirmed.
ARTICLE 299.
The validity of any measures taken between October 30, 1918,
and the coming into force of the present Treaty by or under the
authority of one or more of the Allied Powers in regard to the
property, rights and interests in Turkish territory of Germany,
Austria, Hungary or Bulgaria or their nationals is confirmed.
Any balance remaining under the control of the Allied Powers as
the result of such measures shall be disposed of in the manner
provided in the last paragraph of Article 295.
ARTICLE 300.
No claim or action shall be made or brought against any Allied
Power or against any person acting on behalf of or under the
direction of any legal authority or department of the Government
of such a Power by Turkey or by or on behalf of any person
wherever resident who on August 1, 1914, was a Turkish national,
or who became such after that date, in respect of any act or
omission with regard to the property, rights or interests of Turkish
nationals during the war or in preparation for the war.
Similarly, no claim or action shall be made or brought against
any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied Power.
ARTICLE 301.
The Turkish Government, if required, will, within six months
from the coming into force of the present Treaty, deliver to each
Allied Power any securities, certificates, deeds or documents of
title held by its nationals and relating to property, rights or
interests which are subject to liquidation in accordance with the
provisions of the present Treaty, including any shares, stock,
debentures, debenture stock or other obligations of any company
incorporated in accordance with the laws of that Power.
The Turkish Government will, at any time on demand of any
Allied Power concerned, furnish such information as may be
required with regard to such property, rights and interests, or
with regard to any transactions concerning such property, rights
or interests since July 1, 1914.
ARTICLE 302.
Debts, other than the Ottoman Public Debt provided for in
Article 236 and Annex I, Part VIII (Financial Clauses) of the
present Treaty, between the Turkish Government or its nationals
resident in Turkish territory on the coming into force of the
present Treaty (with the exception of Turkish companies controlled by Allied groups or nationals) on the one hand, and the
Governments of the Allied Powers or their nationals who were
not on August 1, 1914, Turkish nationals or (except in the case
of foreign officials in the Turkish service, in regard to their
salaries, pensions or official remuneration) resident or carrying
on business in Turkish territory, on the other hand, which were
payable before the war, or became payable during the war and
arose out of transactions or contracts of which the total or partial
execution was suspended on account of the war, shall be paid or
credited in the currency of such one of the Allied Powers, their
colonies or protectorates, or the British Dominions or India, as
may be concerned. If a debt was payable in some other currency
the conversion shall be effected at the pre-war rate of exchange.
For the purpose of this provision the pre-war rate of exchange
shall be defined as the average cable transfer rate prevailing in
the Allied country concerned during the month immediately
preceding the outbreak of war between the said country and
Turkey.
If a contract provides for a fixed rate of exchange governing
the conversion of the currency in which the debt is stated into
the currency of the Allied Power concerned, then the above
provisions concerning the rate of exchange shall not apply.
The proceeds of liquidation of enemy property, rights and
interests and the cash assets of enemies, referred to in this
Section, shall also be accounted for in the currency and at the
rate of exchange provided for above.
The provisions of this Article regarding the rate of exchange
shall not affect debts due to or from persons resident in territories
detached from Turkey in accordance with the present Treaty.
ARTICLE 303.
The provisions of Articles 287 to 302 apply to industrial
literary and artistic property which has been or may be dealt
with in the liquidation of property, rights, interests, companies
or businesses under war legislation by the Allied Powers, or in
accordance with the stipulations of the present Treaty.
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 304.
Subject to the exceptions and special rules with regard to
particular contracts or classes of contracts contained in the
Annex hereto, any contract concluded between enemies will be
maintained or dissolved according to the law of the Allied Power
of which the party who was not a Turkish subject on August 1, 1914, is a national, and on the conditions prescribed by that law.
ARTICLE 305.
All periods of prescription or limitation of right of action,
whether they began to run before or after the outbreak of war,
shall be treated in the territory of the High Contracting Parties,
so far as regards relations between enemies, as having been
suspended from October 29, 1914, till the coming into force of
the present Treaty. They shall begin to run again at earliest
three months after the coming into force of the present Treaty.
This provision shall apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.
Having regard to the provisions of the law of Japan, neither
the present Article nor Article 304 nor the Annex hereto shall
apply to contracts made between Japanese nationals and Turkish
nationals.
ARTICLE 306.
As between enemies no negotiable instrument made before the
war shall be deemed to have become invalid by reason only of
failure within the required time to present the instrument for
acceptance or payment, or to give notice of non-acceptance or
non-payment to drawers or endorsers, or to protest the instrument, nor by reason of failure to complete any formality during
the war.
Where the period within which a negotiable instrument should
have been presented for acceptance or for payment, or within
which notice of non-acceptance or non-payment should have
been given to the drawer or endorser, or within which the instrument should have been protested, has elapsed during the war,
and the party who should have presented or protested the
instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less
than three months from the coming into force of the present
Treaty shall be allowed within which presentation, notice of
non-acceptance or non-payment or protest may be made.
ARTICLE 307.
Judgments given or measures of execution ordered during the
war by any Turkish judicial or administrative authority against
or prejudicially affecting the interests of a person who was at the
time a national of an Allied Power or against or affecting the
interests of a company in which such an Allied national was interested shall be subject to revision, on the application of that
national, by the Arbitral Commission provided for in Article
287. Where such a course is equitable and possible the parties
shall be replaced in the situation which they occupied before
the judgment was given or the measure of execution ordered
by the Turkish authority. Where that is not possible, the
national of an allied power who has suffered prejudice by the
judgment or measure of execution shall be entitled to recover
such compensation as the Arbitral Commission may consider equitable, such compensation to be paid by the Turkish Government.
Where a contract has been dissolved by reason either of failure
on the part of either party to carry out its provisions or of the
exercise of a right stipulated in the contract itself the party
prejudiced may apply to the Arbitral Commission. This Commission may grant compensation to the prejudiced party, or
may order the restoration of any rights in Turkey which have
been prejudiced by the dissolution wherever, having regard to
the circumstances of the case, such restoration is equitable and
possible.
Turkey shall compensate any third party who may be prejudiced
by any restitution or restoration effected in accordance with
the provisions of this Article.
ARTICLE 308.
All questions relating to contracts concluded before the coming
into force of the present Treaty between persons who were or
have become nationals of the Allied Powers or of the new States
whose territory is detached from Turkey and Turkish nationals
shall be decided by the national Courts or the consular Courts
of the Allied Power or new State of which one of the parties to
the contract is a national, to the exclusion of the Turkish Courts.
ARTICLE 309.
Judgments given by the national or consular Courts of an
Allied Power or new State whose territory is detached from
Turkey, or orders made by the Arbitral Commission provided
for in Article 287, in all cases which, under the present Treaty,
they are competent to decide, shall be recognised in Turkey as
final, and shall be enforced without it being necessary to have
them declared executory
ANNEX
I. General Provisions.
1.
Within the meaning of Articles 304 to 306 and of the provisions
of this Annex, the parties to a contract shall be regarded as
enemies when trading between them became hnpossible in fact,
or was prohibited by or otherwise became unlawful under laws,
orders or regulations to which one of those parties was subject.
They shall be deemed to have become enemies from the date
when such trading became impossible in fact or was prohibited
or otherwise became unlawful.
2.
The following classes of contracts remain in force subject to
the application of domestic laws, orders or regulations made
during the war by the Allied Powers and subject to the terms
of the contracts:
(a) Contracts having for their object the transfer of estates
or of real or personal property, where the property therein had
passed or the object had been delivered before the parties became
enemies;
(b) Leases and agreements for leases of land and houses;
(c) Contracts of mortgage, pledge, or lien;
(d) Contracts between individuals or companies and the
State, provinces, municipalities, or other similar juridical persons
charged with administrative functions, and concessions granted
by the State, provinces, municipalities, or other similar juridical
persons charged with administrative functions, subject however
to any special provisions relating to concessions laid down in the
present Treaty.
When the execution of the contracts thus kept alive would,
owing to the alteration of economic conditions, cause one of the
parties substantial prejudice, the Arbitral Commission provided
for in Article 287 shall be empowered, on the request of the
prejudiced party, to grant to him equitable compensation by
way of reparation.
II. Provisions Relating to Certain Classes of Contracts.
Stock Exchange and Commercial Exchange Contracts.
3
(a) Rules made during the war by any recognised Exchange
or Commercial Association providing for the closure of contracts
entered into before the war by an enemy are confirmed by the
High Contracting Parties, as also any action taken thereunder
provided:
(1) That the contract was expressed to be made subject to
the rules of the Exchange or Association in question;
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were fair
and reasonable.
(b) The closure of contracts relating to cotton futures which
were closed as on July 31, 1914, under the decision of the Liverpool Cotton Association, is also confirmed.
Security.
4
The sale of a security held for an unpaid debt owing by an
enemy shall be deemed to have been valid irrespective of notice
to the owner if the creditor acted in good faith and with reasonable care and prudence, and no claim by the debtor on the ground
of such sale shall be admitted.
Negotiable Instruments.
5
If a person has either before or during the war become liable
upon a negotiable instrument in accordance with an undertaking
given to him by a person who has subsequently become an
enemy, the latter shall remain liable to indemnify the former in
respect of his liability, notwithstanding the outbreak of war.
III. Contracts of Insurance.
6.
The provisions of the following paragraphs shall apply only to
insurance and reinsurance contracts between Turkish nationals
and nationals of the Allied Powers in the case of which trading
with Turkey has been prohibited. These provisions shall not
apply to contracts between Turkish nationals and companies or
individuals, even if nationals of the Allied Powers, established
in territory detached from Turkey under the present Treaty.
In cases where the provisions of the following paragraphs do not
apply, contracts of insurance and reinsurance shall be subject to
the provisions of Article 304.
Fire Insurance.
7
Contracts for the insurance of property against fire entered into
by a person interested in such property with another person who
subsequently became an enemy shall not be deemed to have been
dissolved by the outbreak of war, or by the fact of the person
becoming an enemy, or on account of the failure during the war
and for a period of three months thereafter to perform his obligations under the contract, but they shall be dissolved at the date
when the annual premium becomes payable for the first time after
the expiration of a period of three months after the coming into
force of the present Treaty.
A settlement shall be effected of unpaid premiums which became due during the war, or of claims for losses which occurred
during the war.
8.
Where by administrative or legislative action an insurance
against fire effected before the war has been transferred during
the war from the original to another insurer, the transfer will be
recognised and the liability of the original insurer will be deemed
to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear that
these terms were not equitable, they shall be amended so far as
may be necessary to render them equitable.
Furthermore, the insured shall, subject to the concurrence of
the original insurer, be entitled to retransfer the contract to the
original insurer as from the date of the demand.
Life Insurance.
9
Contracts of life insurance entered into between an insurer and
a person who subsequently became an enemy shall not be deemed
to have been dissolved by the outbreak of war or by the fact of
the person becoming an enemy.
Any sum which during the war became due upon a contract
deemed not to have been dissolved under the preceding provision
shall be recoverable after the war with the addition of interest at
5 per cent. per annum from the date of its becoming due up to the
day of payment.
Where the contract has lapsed during the war owing to non-payment of premiums, or has become void from breach of the
conditions of the contract the assured or his representatives or
the persons entitled shall have the right at any time within
twelve months of the coming into force of the present Treaty to
claim from the insurer the surrender value of the policy at the
date of its lapse or avoidance.
10.
Where contracts of life insurance have been entered into by a
local branch of an insurance company established in a country
which subsequently became an enemy country, the contract
shall, in the absence of any stipulation to the contrary in the
contract itself, be governed by the local law, but the insurer shall
be entitled to demand from the insured or his representatives the
refund of sums paid or claims made or enforced under measures
taken during the war, if the making or enforcement of such
claims was not in accordance with the terms of the contract itself
or was not consistent with the laws or treaties existing at the time
when it was entered into.
11.
In any case where by the law applicable to the contract the
insurer remains bound by the contract, notwithstanding the non-payment of premiums, until notice is given to the insured of the
termination of the contract, he shall be entitled where the giving
of such notice was prevented by the war to recover the unpaid
premiums with interest at 5 per cent. per annum from the insured.
12.
Insurance contracts shall be considered as contracts of life
assurance for the purpose of paragraphs 9 to 11 when they depend
on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the
two parties.
Marine Insurance.
13.
Contracts of marine insurance, including time policies and
voyage policies, entered into between an insurer and a person who
subsequently became an enemy, shall be deemed to have been
dissolved on his becoming an enemy, except in cases where the
risk undertaken in the contract had attached before he became an
enemy.
Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.
Where the risk had attached, effect shall be given to the contract, notwithstanding the party becoming an enemy, and sums
due under the contract either by way of premiums or in respect
of losses shall be recoverable after the coming into force of the
present Treaty.
In the event of any agreement being come to for the payment,
of interest on sums due before the war to or by the nationals of
States which have been at war and recovered after the war, such
interest shall in the case of losses recoverable under contracts of
marine insurance run from the expiration of a period of one year
from the date of the loss.
14.
No contract of marine insurance with an insured person who
subsequently became an enemy shall be deemed to cover losses
due to belligerent action by the Power of which the insurer was a
national or by the allies of such Power.
15.
Where it is shown that a person who had before the war entered
into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was
not an enemy, the new contract shall be deemed to be subtituted
for theoriginal contract as from the date when it was entered into,
and the premiums payable shall be adjusted on the basis of the
original insurer having remained liable on the contract only up
till the time when the new contract was entered into.
Other Insurances.
16
Contracts of insurance entered before the war between an
insurer and a person who subsequently became an enemy, other
than contracts dealt with in paragraph 7 to 15, shall be treated in
all respects on the same footing as contracts of fire insurance between the same persons would be dealt with under the said paragraphs.
Reinsurance.
17.
All treatise of reinsurance with a person who became an enemy
shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine
risks which had attached before the war to the right to recover
payment after the war for sums due in respect of such risks.
Nevertheless, if, owing to invasion, it has been impossible for
the reinsured to find another reinsurer, the treaty shall remain
in force until three months after the coming into force of the
present Treaty.
When a reinsurance treaty becomes void under this paragraph
there shall be an adjustment of accounts between the parties in
respect both of premiums paid and payable and of liabilities for
losses in respect of life or marine risk which had attached before
the war. In the case of risks other than those mentioned in paragraphs 9 to 15, the adjustment of accounts shall be made as at the
date of the parties becoming enemies, without regard to claims
for losses which may have occurred since that date.
18.
The provisions of paragraph 17 will extend equally to reinsura.nces existing at the date of the parties becoming enemies of
particular risks undertaken by the insurer in a contract of insurance against any risk other than life or marine risks.
19.
Reinsurance of life risks effected by particular contracts and
not under any general treaty remain in force.
20.
In case of a reinsurance effected before the war of a contract of
marine insurance, the cession of a risk which had been ceded to
the reinsurer shall, if it had attached before the outbreak of war,
remain valid and effect be given to the contract, notwithstanding
the outbreak of war; sums due under the contract of reinsurance
in respect either of premiums or of losses shall be recoverable after
the war.
21.
The provisions of paragraphs 14 and 15 and the last part of
paragraph 13 shall apply to contracts for the reinsurance of
marine risks.
SECTION VI.
COMPANIES AND CONCESSIONS.
ARTICLE 310.
In application of the provisions of Article 287, Allied nationals
and companies controlled by Allied groups or nationals holding
concessions granted before October 29, 1914, by the Turkish
government or by any Turkish local authority in territory remaining Turkish under the present Treaty, or holding concessions which may be assigned to them by the Financial Commission in virtue of Article 294, shall be replaced by such Government or authorities in complete possession of the rights resulting
from the original concession contract and any subsequent agreements prior to October 29, 1914. The Turkish Government undertakes to adapt such contracts or agreements to the new economic conditions, and to extend them for a period equal to the
interval between October 29, 1914, and the coming into force of
the present Treaty. In cases of dispute with the Turkish Government the matter shall be submitted to the Arbitral Commission referred to in Article 287.
All legislative or other provisions, all concessions and all agreements subsequent to October 29, 1914, and prejudicial to the rights referred to in the preceding paragraph shall be declared null and void by the Turkish Government.
The concessionnaires referred to in this Article may, if the
Financial Commission approves, abandon the whole or part of
the compensation accorded to them by the Arbitral Commission
under the conditions laid down in Article 287 for damage or loss
suffered during the war, in exchange for contractual compensation.
ARTICLE 311 .
In territories detached from Turkey to be placed under the
authority or tutelage of one of the Principal Allied Powers, Allied
nationals and companies controlled by Allied groups or nationals
holding concessions granted before October 29, 1914, by the
Turkish Government or by any Turkish local authority shall
continue in complete enjoyment of their duly acquired rights
and the Power concerned shall maintain the guarantees granted
or shall assign equivalent ones.
Nevertheless, any such Power, if it considers that the maintenance of any of these concessions would be contrary to the public
interest, shall be entitled, within a period of six months from the
date on which the territory is placed under its authority or tutelage, to buy out such concession or to propose modifications
therein; in that event it shall be bound to pay to the concessionnaire equitable compensation in accordance with the following
provisions.
If the parties cannot agree on the amount of such compensation, it will be determined by Arbitral Tribunals composed of
three members, one designated by the State of which the concessionnaire or the holders of the majority of the capital in the case
of a company is or are nationals, one by the Government exerising authority in the territory in question, and the third designated, failing agreement between the parties, by the Council
of the League of Nations.
The Tribunal shall take into account, from both the legal and
equitable standpoints, all relevant matters, on the basis of the
maintenance of the contract adapted as indicated in the following
paragraph.
The holder of a concession which is maintained in force shall
have the right, within a period of six months after the expiration
of the period specified in the second paragraph of this Article,
to demand the adaptation of his contract to the new economic
conditions, and in the absence of agreement direct with the Governrnent concerned the decision shall be referred to the Arbitral
Commission provided for above.
ARTICLE 312.
In all territories detached from Turkey, either as a result of the
Balkan Wars in 1913, or under the present Treaty, other than
those referred to in Article 311, the State which definitively acquires the territory shall ipso facto succeed to the duties and
charges of Turkey towards concessionnaires and holders of contracts, referred to in the first paragraph of Article 311, and shall
maintain the guarantees granted or assign equivalent ones.
This succession shall take effect, in the case of each acquiring
State, as from the coming into force of the Treaty under which
the cession was effected. Such State shall take all necessary steps
to ensure that the concessions may be worked and the carrying
out of the contracts proceeded with without interruption.
Nevertheless, as from the coming into force of the present
Treaty, negotiations may be entered into between the acquiring
States and the holders of contracts or concessions, with a view to
a mutual agreement for bringing such concessions and contracts
into conformity with the legislation of such States and the new
economic conditions. Should agreement not have been reached
within six months, the State or the holders of the concessions or
contracts may submit the dispute to an Arbitral Tribunal constituted as provided in Article 311.
ARTICLE 313.
The application of Articles 311 and 312 shall not give rise to
any award of compensation in respect of the right to issue paper
money.
ARTICLE 314.
The Allied Powers shall not be bound to recognise in territory
detached from Turkey the validity of the grant of any concession granted by the Turkish Government or by Turkish local
authorities after October 29, 1914, nor the validity of the transfer
of any concession effected after that date. Any such concessions
and transfers may be declared null and void, and their cancellation shall give rise to no compensation.
ARTICLE 315.
All concessions or rights in concessions granted by the Turkish
Government since October 30, 1918, and all such concessions or
rights granted since August 1, 1914, in favour of German, Austrian, Hungarian, Bulgarian or Turkish nationals or companies
controlled by them, until the date of the coming into force of the
present Treaty, are hereby annulled.
ARTICLE 316.
(a) Any company incorporated in accordance with Turkish
law and operating in Turkey which is now or shall hereafter be
controlled by Allied nationals shall have the right, within five
years from the coming into force of the present Treaty, to transfer its property, rights and interests to another company incorporated in accordance with the law of one of the Allied Powers
whose nationals control it; and the company to which the
property, rights and interests are transferred shall continue to
enjoy the same rights and privileges as the other company enjoyed under the laws of Turkey and the terms of the present
Treaty, subject to meeting obligations previously incurred.
The Turkish Government undertakes to modify its legislation
so as to allow companies of Allied nationality to hold concessions
or contracts in Turkey.
(b) Any company incorporated in accordance with Turkish
law and operating in territory detached from Turkey, which is
now or hereafter shall be controlled by Allied nationals, shall, in
the same way and within the same period, have the right to
transfer its property, rights and interests to another company
incorporated in accordance with the law either of the State exercising authority in the territory in question or of one of the Allied
Powers whose nationals control it. The company to which the
property, rights and interests are transferred shall continue to
enjoy the same rights and privileges as the other company enjoyed, including those conferred on it by the present Treaty.
(c) In Turkey companies of Allied nationality to which the
property, rights and interests of Turkish companies shall have
been transferred in virtue of paragraph (a) of this Article, and,
in territories detached from Turkey, companies of Turkish nationality controlled by Allied groups or nationals and companies
of nationality other than that of the State exercising authority
in the territory in question to which the property, rights and interests of Turkish companies shall have been transferred in virtue
of paragraph (b) of this Article, shall not be subjected to legislative or other provisions or to taxes, imposts or charges more
onerous than those applied in Turkey to similar companies possessing Turkish nationality, and in territory detached from
Turkey to those possessing the nationality of the State exercising
authority therein.
(d) The companies to which the property, rights and interests
of Turkish companies are transferred in virtue of paragraphs (a)
and (b) of this Article shall not be subjected to any special tax
on account of this transfer.
SECTION VII.
GENERAL PROVISION.
ARTICLE 317.
The term "nationals of the Allied Powers," wherever used in
this Part or in Part VIII (Financial Clauses), covers:
(I) All nationals, including companies and associations, of an
Allied Power or of a State or territory under the protectorate of
an Allied Power;
(2) The protected persons of the Allied Powers whose certificate of protection was granted before August 1, 1914;
(3) Turkish financial, industrial and commercial companies
controlled by Allied groups or nationals, or in which such groups
or nationals possessed the preponderant interest on August 1, 1914
(4) Religious or charitable institutions and scholastic establishments in which nationals or protected persons of the Allied
Powers are interested.
The Allied Powers will communicate to the Financial Comission, within one year from the coming into force of the present Treaty, the list of eompanies, institutions and establishments
in which they consider that their nationals possess a preponderant
interest or are interested.
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