The Treaty of Sèvres, 1920
ARTICLE 179.
The zone referred to in Article 178 is defined as follows:
(I) In Europe:
From Karachali on the Gulf of Xeros north-eastwards,a line reaching and then
following the southern boundary of the basin of the Beylik Dere to the crest of
the Kuru Dagh;then following that crest line,then a straight line passing north
of Emerli, and south of Derelar,then curving north-north-eastwards and cutting
the road from Rodosto to Malgara 3 kilometres west of Ainarjik and then passing
6 kilometres south-east of Ortaja Keui,then curving north-eastwards and cutting
the road from Rodosto to Hairobolu 18 kilometres northwest of Rodosto,then to
a point on the road from Muradli to Rodosto about kilometre south of Muradli,a
straight line;thence east-north-eastwards to.Yeni Keui,a straight line, modified,
however, so as to pass at a minimum distance of 2 kilometres north of the railway
from Chorlu to Chatalja;thence north-north-eastwards to a point west of Istranja,situated
on the frontier of Turkey in Europe as defined in Article 27, 1 (2),a straight
line leaving the village of Yeni Keui within the zone; thence to the Black Sea,the
frontier of Turkey in Europe as defined in Article 27, 1 (2).
(2) In Asia:
From a point to be determined by the Principal Allied Powers between Cape Dahlina
and Kemer Iskele on the gulf of Adramid east-north-eastwards,a line passing south
of Kemer Iskele and Kemer together with the road joining these places; shall be
constituted within fifteen days from the coming into force of the present Treaty
to trace on the spot the boundaries of the zone referred to in Article 178, e
Dagh, Kalpak Dagh, Ayu Tepe, Hekim Tepe; thence northwards to a point on the road
from Ismid to Armasha, 8 kilometres southwest of Armasha,a line following then
to a point immediately south of the point where the Decauville railway from Osmanlar
to Urchanlar crosses the Diermen Dere,a straight line;thence north-eastwards to
Manias Geul,a line following the right bank of the Diermen Dere, and Kara Dere
Suyu;thence eastwards, the southern shore of Manias Geul;then to the point where
it is crossed by the railway from Panderma to Susighirli, the course of the Kara
Dere upstream;thence eastwards to a point on the Adranos Chai about kilometres
from its mouth near Kara Oghlan,a straight line;thence eastwards, the course of
this river downstream then the southern shore of Abulliont Geul;then to the point
where the railway from Mudania to Brusa crosses the Ulfer Chai, about 5 kilometres
northwest of Brusa,a straight line;thence north-eastwards to the confluence of
the rivers about 6 kilometres north of Brusa,the course of the Ulfer Chai downstream;thence
eastwards to the southernmost point of Iznik Geul,a straight line;thence to a
point 2 kilometres north of Iznik,the southern and eastern shores of this lake;thence
north-eastwards to the westernmost point of Sbanaja Geul,a line following the
crest line Chirchir Chesme, Sira Dagh,Elmali as far as possible the eastern boundary
of the basin of the Chojali Dere;thence to a point on the Black Sea, 2 kilometres
east of the mouth of the Akabad R,a straight line; thence north-eastwards to Manias
Geul,a line following the right bank of the Diermen Dere, and Kara Dere Suyu;thence
eastwards, the southern shore of Manias Geul;then to the point where it is crossed
by the railway from Panderma to Susighirli, the course of the Kara Dere upstream;thence
eastwards to a point on the Adranos Chai about kilometres from its mouth near
Kara Oghlan,a straight line;thence eastwards, the course of this river downstream
then the southern shore of Abulliont Geul;then to the point where the railway
from Mudania to Brusa crosses the Ulfer Chai, about 5 kilometres northwest of
Brusa,a straight line;thence north-eastwards to the confluence of the rivers about
6 kilometres north of Brusa,the course of the Ulfer Chai downstream;thence eastwards
to the southernmost point of Iznik Geul,a straight line;thence to a point 2 kilometres
north of Iznik,the southern and eastern shores of this lake;thence north-eastwards
to the westernmost point of Sbanaja Geul,a line following the crest line Chirchir
Chesme, Sira Dagh,Elmali as far as possible the eastern boundary of the basin
of the Chojali Dere;thence to a point on the Black Sea, 2 kilometres east of the
mouth of the Akabad R,a straight line.
ARTICLE 180.
A Commission xcept in so far as these boundaries coincide with the frontier
line described in Article 27,1(2). This Commission shall be composed of three
members nominated by the military authorities of France, Great Britain and Italy
respectively, with, for the portion of the zone placed under Greek sovereignty,
one member nominated by the Greek Government, and, for the portion of the zone
remaining under Turkish sovereignty, one member nominated by the Turkish Government.
The decisions of the Commission, which will be taken by a majority, shall be binding
on the parties concerned. The expenses of this Commission will be included in
the expenses of the occupation of the said zone.
SECTION II.
NAVAL CLAUSES.
ARTICLE 181.
From the coming into force of the present Treaty all warships interned in Turkish
ports in accordance with the Armistice of October 30, 1918, are declared to be
finally surrendered to the Principal Allied Powers.
Turkey will, however, retain the right to maintain along her coasts for police
and fishery duties a number of vessels which shall not exceed:
7 sloops,
6 torpedo boats.
These vessels will constitute the Turkish Marine, and will be chosen by the
Naval Inter-Allied Commission of Control referred to in Article 201 from amongst
the following vessels:
SLOOPS
Aidan Reis.Hizir Reis.
Burock Reis.Kemal Reis.
Sakis.Issa Reis.
Prevesah.
TORPEDO-BOATS
Sisri Hissar. Moussoul.
Sultan Hissor. Ack Hissar.
Drach. Younnous.
The authority established for the control of customs will be entitled to appeal
to the three Allied Powers referred to in Article 178 in order to obtain a more
considerable force, if such an increase is considered indispensable for the satisfactory
working of the services concerned.
Sloops may carry a light armament of two guns inferior to 77 m /m. and two
machine guns. Torpedo-boats (or patrol launches) may carry a light armament of
one gun inferior to 77 m/m. All the torpedoes and torpedo-tubes on board will
be removed.
ARTICLE 182.
Turkey is forbidden to construct or acquire any warships other than those intended
to replace the units referred to in Article 181. Torpedo-boats shall be replaced
by patrol launches.
The vessels intended for replacement purposes shall not exceed: 600 tons in
the case of sloops;
l00 tons in the case of patrol launches.
Except where a ship has been lost, sloops and torpedo-boats shall only be replaced
after a period of twenty years, counting from the launching of the ship.
ARTICLE 183.
The Turkish armed transports and fleet auxiliaries enumerated below shall be
disarmed and treated as merchant ships:
Rechid Pasha (late Port Antonio).Tir-i-Mujghion (late Pembroke Castle).Kiresund
(late Warwick Castle).Millet (late Seagull).Akdeniz. Bosphorus ferry-boats Nos.
60, 61, 63 and 70.
ARTICLE 184.
All warships, including submarines, now under construction in Turkey shall
be broken up, with the exception of such surface vessels as can be completed for
commercial purposes.
The work of breaking up these vessels shall be commenced on the coming into
force of the present Treaty.
ARTICLE 185.
Articles, machinery and material arising from the breaking up of Turkish warships
of all kinds, whether surface vessels or submarines, may not be used except for
purely industrial or commercial purposes. They may not be sold or disposed of
to foreign countries.
ARTICLE 186.
The construction or acquisition of any submarine, even for commercial purposes,
shall be forbidden in Turkey.
ARTICLE 187.
The vessels of the Turkish Marine enumerated in Article 181 must have on board
or in reserve only the allowance of war material and armaments fixed by the Naval
Inter-Allied Commission of Control referred to in Article 201. Within a month
from the time when the above quantities are fixed all armaments rmunitions or
other naval war material including mines and torpedoes, belonging to Turkey at
the time of the signing of the Armistice of October 30, 1918, must be definitely
surrendered to the Principal Allied Powers.
The manufacture of these articles in Turkish territory for, and their export
to, foreign countries shall be forbidden.
All other stocks, depots or reserves of arms, munitions or naval war material
of all kinds are forbidden.
ARTICLE 188.
The Naval Inter-Allied Commission of Control will fix the number of officers
and men of all grades and corps to be admitted in accordance with the provisions
of Article 189, into the Turkish Marine. This number will include the personnel
for manning the ships left to Turkey in accordance with Article 181, and the administrative
personnel of the police and fisheries protection services and of the semaphore
stations.
Within two months from the time when the above number is fixed, the personnel
of the former Turkish Navy in excess of this number shall be demobilised.
No naval or military corps or reserve force in connection with the Turkish
Marine may be organised in Turkey without being included in the above strength.
ARTICLE 189.
The personnel of the Turkish Marine shall be recuited entirely by voluntary
engagements entered into for a minimum period of twenty-five consecutive years
for officers, and twelve consecutive years for petty officers and men.
The number engaged to replace those discharged for any reason other than the
expiration of their term of service must not exceed five per cent. per annum of
the total personnel fixed by the Naval Inter-Allied Commission of Control.
The personnel discharged from the former Turkish Navy must not receive any
kind of naval or military training.
Officers belonging to the former Turkish Navy and not demobilised must undertake
to serve till the age of forty-five, unless discharged for sufficient reason.
Officers and men belonging to the Turkish mercantile marine must not receive
any kind of naval or military training.
ARTICLE 190.
On the coming into force of the present Treaty all the wireless stations in
the zone referred to in Article 178 shall be handed over to the Principal Allied
Powers. Greece and Turkey shall not construct any wireless stations in the said
zone.
SECTION III.
AIR CLAUSES.
ARTICLE 19l.
The Turkish armed forces must not include any military or naval air forces.
No dirigible shall be kept.
ARTICLE 192.
Within two months from the coming into force of the present Treaty the personnel
of the air forces on the rolls of the Turkish land and sea forces shall be demobilised.
ARTICLE 193.
Until the complete evacuation of Turkish territory by the Allied troops, the
aircraft of the Allied Powers shall have throughout Turkish territory freedom
of passage through the air, freedom of transit and of landing.
ARTICLE 194.
During the six months following the coming into force of the present Treaty
the manufacture, importation and exportation of aircraft of every kind, parts
of aircraft, engines for aircraft and parts of engines for aircraft shall be forbidden
in all Turkish territory.
ARTICLE 195.
On the coming into force of the present Treaty all military and naval aeronautical
material must be delivered by Turkey, at her own expense, to the Principal Allied
Powers.
Delivery must be completed within six months and must be effected at such places
as may be appointed by the Aeronautical Inter-Allied Commission of Control. The
Governments of the Principal Allied Powers will decide as to the disposal of this
material.
In particular, this material will include all items under the following heads
which are or have been in use or were designed for warlike purposes.
Complete aeroplanes and seaplanes, as well as those being manufactured, repaired
or assembled.
Dirigibles able to take the air, being manufactured, repaired or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for aircraft.
Pending their delivery, dirigibles will, at the expense of Turkey be maintained
inflated with hydrogen; the plant for the manufacture of hydrogen, as well as
the sheds for dirigibles, may, at the discretion of the said Powers, be left to
Turkey until the dirigibles are handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine-guns, light machine-guns, bombdropping apparatus, torpedo-dropping
apparatus, synchronising apparatus, aiming apparatus).
Munitions (cartridges, shells, bombs loaded or unloaded, stocks of explosives
or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic and cinematographic apparatus for use on
aircraft.
Component parts of any of the items under the preceding heads.
All aeronautical material of whatsoever description in Turkey shall be considered
primdfocie as war material, and as such may not be exported, transferred, lent,
used or destroyed, but must remain on the spot until such time as the Aeronautical
Inter-Allied Commission of Control referred to in Article 202 has given a decision
as to its nature; this Commission will be exclusively entitled to decide all such
points.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL AND ORGANISATION.
ARTICLE 196.
Subject to any special provisions in this Part, the military, naval and air
clauses contained in the present Treaty shall be executed by Turkey and at her
expense under the control of Inter-Allied Commissions appointed for this purpose
by the Principal Allied Powers.
The above-mentioned Commissions will represent the Principal Allied Powers
in dealing with the Turkish Government in all matters relating to the execution
of the military, naval or air clauses. They will communicate to the Turkish authorities
the decisions which the Principal Allied Powers have reserved the right to take,
or which the execution of the said clauses may necessitate.
ARTICLE 197.
The Inter-Allied Commissions of Control and Organisation may establish their
organisations at Constantinople, and will be entitled, as often as they think
desirable, to proceed to any point whatever in Turkish territory, or to send sub-commissions,
or to authorise one or more of their members to go, to any such point.
ARTICLE 198.
The Turkish Government must furnish to the Inter-Allied Commissions of Control
and Organisation all such information and documents as the latter may deem necessary
for the accomplishment of their mission, and must supply at its own expense all
labour and material which the said Commissions may require in order to ensure
the complete execution of the military, naval or air clauses.
The Turkish Government shall attach a qualified representative to each Commission
for the purpose of receiving all communications which the Commission may have
to address to the Turkish Government, and of supplying or procuring for the Commission
all information or documents which may be required.
ARTICLE 199.
The upkeep and cost of the Inter-Allied Commissions of Control and Organisation
and the expenses incurred by their work shall be borne by Turkey.
ARTICLE 200.
The Military Inter-Allied Commission of Control and Organisation will be entrusted
on the one hand with the supervision of the execution of tbe military clauses
relating to the reduction of the Turkish forces within the authorised limits,
the delivery of arms and war material prescribed in Chapter VI of Section I and
the disarmament of the fortified regions prescribed in Chapters VII and VIII of
that Section, and on the other hand with the organisation and the control of the
employment of the new Turkish armed force.
(l) As the Military Inter-Allied Commission of Control it will be its special
duty:
(a) To fix the number of customs officials, local urban and rural police, forest
guards and other like officials which Turkey will be authorised to maintain in
accordance with Article 170.
(b) To receive from the Turkish Government the notifications relating to the
location of the stocks and depots of munitions, the armament of the fortified
works, fortresses and forts, the situation of the works or factories for the production
of arms, munitions and war material and their operations.
(c) To take delivery of the arms, munitions, war material and plant intended
for manufacture of the same, to select the points where such delivery is to be
effected, and to supervise the works of rendering things useless and of conversion
provided for by the present Treaty.
(2) As the Military Inter-Allied Commission of Organisation it will be its
special duty:
(a) To proceed, in collaboration with the Turkish Government, with the organisation
of the Turkish armed force upon the basis laid down in Chapters I to IV, Section
I of this Part, with the delimitation of the territorial regions provided for
in Article 156, and with the distribution of the troops of gendarmerie and the
special elements for reinforcement between the different territorial regions;
(b) To control the conditions for the employment, as laid down in Articles
156 and I57, of these troops of gendarmerie and these elements, and to decide
what effect shall be given to requests of the Turkish Government for the provisional
modification of the normal distribution of these forces determined in conformity
with the said Articles;
(c) To determine the proportion by nationality of the Allied and neutral officers
to be engaged to serve in the Turkish gendarmerie under the conditions laid down
in Article 159, and to lay down the conditions under which they are to participate
in the different duties provided for them in the said Article.
ARTICLE 201.
It will be the special duty of the Naval Inter-Allied Commission of Control
to visit the building yards and to supervise the breaking-up of the ships, to
take delivery of the arms, munitions and naval war material and to supervise their
destruction and breaking up.
The Turkish Government must furnish to the Naval Inter-Allied Commission of
Control all such information and documents as the latter may deem necessary to
ensure the complete execution of the naval clauses, in particular the designs
of the warships, the composition of their armaments, the details and models of
the guns, munitions, torpedoes, mines, explosives, wireless telegraphic apparatus
and in general everything relating to naval war material, as well as all legislative
or administrative documents and regulations.
ARTICLE 202.
It will be the special duty of the Aeronautical Inter-Allied Commission of
Control to make an inventory of the aeronautical material now in the hands of
the Turkish Government, to inspect aeroplane, balloon and motor manufactories
and factories producing arms, munitions and explosives capable of being used by
aircraft, to visit all aerodromes, sheds, landing grounds, parks and depots on
Turkish territory, to arrange, if necessary, for the removal of material and to
take delivery of such material.
The Turkish Government must furnish to the Aeronautical Inter-Allied Commission
of Control all such information and legislative, administrative or other documents
as the Commission may consider necessary to ensure the complete execution of the
air clauses, and in particular a list of the personnel belonging to all the Turkish
air services and of the existing material as well as of that in process of manufacture
or on order, and a complete list of all establishments working for aviation, of
their positions, and of all sheds and landing grounds.
ARTICLE 203.
The Military, Naval and Aeronautical Inter-Allied Commissions of Control will
appoint representatives who will be jointly responsible for controlling the execution
of the operations provided for in paragraphs (1) and (2) of Article 178.
ARTICLE 204.
Pending the definitive settlement of the political status of the territories
referred to in Article 89, the decisions of the Inter- Allied Commissions of Control
and Organisation will be subject to any modifications which the said Commissions
may consider necessary in consequence of such settlement.
ARTICLE 205.
The Naval and Aeronautical Inter-Allied Commissions of Control will cease to
operate on the completion of the tasks assigned to them respectively by Articles
201 and 202.
The same will apply to the section of the Military Inter-Allied Commission
entrusted with the functions of control prescribed in Article 200 (1).
The section of the said Commission entrusted with the organisation of the new
Turkish armed force as provided in Article 200 (2) will operate for five years
from the coming into force of the present Treaty. The Principal Allied Powers
reserve the right to decide, at the end of this period, whether it is desirable
to maintain or suppress this section of the said Commission.
SECTION V.
GENERAL PROVISIONS.
ARTICLE 206.
The following portions of the Armistice of October 30, 1918: Articles 7, 10,
12, 13 and 24 remain in force so far as they are not inconsistent with the provisions
of the present Treaty.
ARTICLE 207.
Turkey undertakes from the coming into force of the present Treaty not to accredit
to any foreign country any military, naval or air mission, and not to send or
allow the departure of such mission; she undertakes, moreover, to take the necessary
steps to prevent Turkish nationals from leaving her territory in order to enlist
in the army, fleet or air service of any foreign Power, or to be attached thereto
with the purpose of helping in its training, or generally to give any assistance
to the military, naval or air instruction in a foreign country.
The Allied Powers undertake on their part that from the coming into force of
the present Treaty they will neither enlist in their armies, fleets or air services
nor attach to them any Turkish national with the object of helping in military
training, or in general employ any Turkish national as a military, naval or air
instructor.
The present provision does not, however, affect the right of France to recruit
for the Foreign Legion in accordance with French military laws and regulations.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 208.
The repatriation of Turkish prisoners of war and interned civilians who have
not already been repatriated shall continue as quickly as possible after the coming
into force of the present Treaty.
ARTICLE 209.
From the time of their delivery into the hands of the Turkish authorities,
the prisoners of war and interned civilians are to be returned without delay to
their homes by the said authorities.
Those among them who, before the war, were habitually resident in territory
occupied by the troops of the Allied Powers are likewise to be sent to their homes,
subject to the consent and control of the military authorities of the Allied armies
of occupation.
ARTICLE 210.
The whole cost of repatriation from October 30, 1918, shall be borne by the
Turkish Government.
ARTICLE 211.
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.
This stipulation shall not apply to prisoners of war and interned civilians
punished for offences committed subsequent to June 15, 1920.
During the period pending their repatriation, all prisoners of war and interned
civilians shall remain subject to the existing regulations, more especially as
regards work and discipline.
ARTICLE 212.
Prisoners of war and interned civilians who are awaiting trial or undergoing
sentence for offences other than those against discipline may be detained.
ARTICLE 213.
The Turkish Government undertakes to admit to its territory without distinction
all persons liable to repatriation.
Prisoners of war or Turkish nationals who do not desire to be repatriated may
be excluded from repatriation; but the Allied Governments reserve to themselves
the right either to repatriate them or to take them to a neutral country or to
allow them to reside in their own territories.
The Turkish Government undertakes not to institute any exceptional proceedings
against these persons or their families nor to take any repressive or vexatious
measures of any kind whatsoever against them on this account.
ARTICLE 214.
The Allied Governments reserve the right to make the repatriation of Turkish
prisoners of war or Turkish nationals in their hands conditional upon the immediate
notification and release by the Turkish Government of any prisoners of war and
other nationals of the Allied Powers who are still held in Turkey against their
will.
ARTICLE 2I5.
The Turkish Government undertakes:
(I) To give every facility to Commissions entrusted by the Allied Powers with
the search for the missing or the identification of Allied nationals who have
expressed their desire to remain in Turkish territory; to furnish such Commissions
with all necessary means of transport; to allow them access to camps, prisons,
hospitals and all other places; and to place at their disposal all documents whether
public or private which would facilitate their enquiries;
(2) To impose penalties upon any Turkish officials or private persons who have
concealed the presence of any nationals of any of the Allied Powers, or who have
neglected to reveal the presence of any such after it had come to their knowledge;
(3) To facilitate the establishing of criminal acts punishable by the penalties
referred to in Part VII (Penalties) of the present Treaty and committed by Turks
against the persons of prisoners of war or Allied nationals during the war.
ARTICLE 216.
The Turkish Govermnent undertakes to restore without delay from the date of
the coming into force of the present Treaty all articles, equipment, arms, money,
securities, documents and personal effects of every description which have belonged
to officers, soldiers or sailors or other nationals of the Allied Powers and which
have been retained by the Turkish authorities.
ARTICLE 217.
The High Contracting Parties waive reciprocally all repayment of sums due for
the maintenance of prisoners of war in their respective territories.
SECTION II.
GRAVES.
ARTICLE 218.
The Turkish Government shall transfer to the British, French and Italian Governments
respectively full and exclusive rights of ownership over the land within the boundaries
of Turkey as fixed by the present Treaty in which are situated the graves of their
soldiers and sailors who fell in action or died from wounds, accident or disease,
as well as over the land required for laying out cemeteries or erecting memorials
to these soldiers and sailors, or providing means of access to such cemeteries
or memorials.
The Greek Government undertakes to fulfil the same obligation so far as concerns
the portion of the zone of the Straits and the islands placed under its sovereignty.
ARTICLE 219.
Within six months from the coming into force of the present Treaty the British,
French and Italian Governments will respectively notify to the Turkish Government
and the Greek Government the land of which the ownership is to be transferred
to them in accordance with Article 218. The British, French and Italian Governments
will each have the right to appoint a Commission, which shall be exclusively entitled
to examine the areas where burials have or may have taken place, and to make suggestions
with regard to the re-grouping of graves and the sites where cemeteries are eventually
to be established. The Turkish Government and the Greek Government may be represented
on these Commissions, and shall give them all assistance in carrying out their
mission.
The said land will include in particular the land in the Gallipoli Peninsula
shown on map No. 3 [see Introduction]; the limits of this land will be notified
to the Greek Government as provided in the preceding paragraph. The Government
in whose favour the transfer 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.
The shore may not be employed for any military, marine or commercial purpose.
ARTICLE 220.
Any necessary legislative or administrative measures for the transfer to the
British, French and Italian Governments respectively of full and exclusive rights
of ownership over the land notified in accordance with Article 219 shall be taken
by the Turkish Government and the Greek Government respectively within six months
from the date of such notification. If any compulsory acquisition of the land
is necessary it will be effected by, and at the cost of, the Turkish Government
or the Greek Government, as the case may be.
ARTICLE 221.
The British, French and Italian Governments may respectively entrust f gendarmerie,
Greek and Turkish, will be under the I deem fit the establishment, arrangement,
maintenance and care of the cemeteries, memorials and graves situated in the land
referred to in Article 218.
These Commissions or organisations shall be officially recognised by the Turkish
Government and the Greek Government respectively. They shall have the right to
undertake any exhumations or removal of bodies which they may consider necessary
in order to concentrate the graves and establish cemeteries; the remains of soldiers
or sailors may not be exhumed, on any pretext whatever, without the authority
of the Commission or organisation of the Government concerned.
ARTICLE 222.
The land referred to in this Section 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 taxation. Representatives of the British, French or Italian Governments,
as well as persons desirous of visiting the cemeteries, memorials and graves,
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 cemeteries or memorials, and for the irrigation of the
land.
ARTICLE 223.
The provisions of this Section do not affect the Turkish or Greek sovereignty,
as the case may be, over the land transferred. The Turkish Government and the
Greek Government respectively shall take all the necessary measures to ensure
the punishment of persons subject to their jurisdiction who may be guilty of any
violation of the rights conferred on the Allied Governments, or of any desecration
of the cemeteries, memorials or graves.
ARTICLE 224.
Without prejudice to the other provisions of this Section, the Allied Governments
and the Turkish Government will cause to be respected and maintained the graves
of soldiers and sailors buried in their respective territories, including any
territories for which they may hold a mandate in conformity with the Covenant
of the League of Nations.
ARTICLE 225.
The graves of prisoners of war and interned civilians who are nationals of
the different belligerent States and have died in captivity shall be properly
maintained in accordance with Article 224.
The Allied Governments on the one hand and the Turkish Government on the other
reciprocally undertake also to furnish to each other:
(1) A complete list of those who have died, together with all information useful
for identification
(2) All information as to the number and position of the graves of all those
who have been buried without identification.
PART VII.
PENALTIES.
ARTICLE 226.
The Turkish Government recognises the right of the Allied Powers to bring before
military tribunals persons accused of having committed acts in violation of the
laws and customs of war. Such persons shall, if found guilty, be sentenced to
punishments laid down by law. This provision will apply notwithstanding any proceedings
or prosecution before a tribunal in Turkey. or in the territory of her allies.
The Turkish Government shall hand over to the Allied Powers or to such one
of them as shall so request all persons accused of having committed an act in
violation of the laws and customs of war, who are specified either by name or
by the rank, office or employment which they held under the Turkish authorities.
ARTICLE 227.
Persons guilty of criminal acts against the nationals of one of the Allied
Powers shall be brought before the military tribunals of that Power.
Persons guilty of criminal acts against the nationals of more than one of the
Allied Powers shall be brought before military tribunals composed of members of
the military tribunals of the Powers concerned.
In every case the accused shall be entitled to name his own counsel.
ARTICLE 228.
The Turkish Government undertakes to furnish all documents and information
of every kind, the production of which may be considered necessary to ensure the
full knowledge of the incriminating acts, the prosecution of offenders and the
just appreciation of responsibility.
ARTICLE 229.
The provisions of Articles 226 to 228 apply similarly to the Governments of
the States to which territory belonging to the former Turkish Empire has been
or may be assigned, in so far as concerns persons accused of having committed
acts contrary to the laws and customs of war who are in the territory or at the
disposal of such States.
If the persons in question have acquired the nationality of one of the said
States, the Government of such State undertakes to take, at the request of the
Power concerned and in agreement with it, or upon the joint request of all the
Allied Powers, all the measures necessary to ensure the prosecution and punishment
of such persons.
ARTICLE 230.
The Turkish Government undertakes to hand over to the Allied Powers the persons
whose surrender may be required by the latter as being responsible for the massacres
committed during the continuance of the state of war on territory which formed
part of the Turkish Empire on August 1, 1914.
The Allied Powers reserve to themselves the right to designate the tribunal
which shall try the persons so accused, and the Turkish Government undertakes
to recognise such tribunal.
In the event of the League of Nations having created in sufficient time a tribunal
competent to deal with the said massacres, the Allied Powers reserve to themselves
the right to bring the accused persons mentioned above before such tribunal, and
the Turkish Government undertakes equally to recognise such tribunal.
The provisions of Article 228 apply to the cases dealt with in this Article.
PART VIII.
FINANCIAL CLAUSES.
ARTICLE 231.
Turkey recognises that by joining in the war of aggression which Germany and
Austria-Hungary waged against the Allied Powers she has caused to the latter losses
and sacrifices of all kinds for which she ought to make complete reparation.
On the other hand, the Allied Powers recognise that the resources of Turkey
are not sufficient to enable her to make complete reparation.
In these circumstances, and inasmuch as the territorial rearrangements resulting
from the present Treaty will leave to Turkey only a portion of the revenues of
the former Turkish Empire, all claims against the Turkish Government for reparation
are waived by the Allied Powers, subject only to the provisions of this Part and
of Part IX (Economic Clauses) of the present Treaty.
The Allied Powers, desiring to afford some measure of relief and assistance
to Turkey, agree with the Turkish Government that a Financial Commission shall
be appointed consisting of one representative of each of the following Allied
Powers who are specially interested, France, the British Empire and Italy, with
whom there shall be associated a Turkish Commissioner in a consultative capacity.
The powers and duties of this Commission are set forth in the following Articles.
ARTICLE 232.
The Financial Commission shall take such steps as in its judgment are best
adapted to conserve and increase the resources of Turkey.
The Budget to be presented annually by the Minister of Finance to the Turkish
Parliament shall be submitted, in the first instance, to the Financial Commission,
and shall be presented to Parliament in the form approved by that Commission.
No modification introduced by Parliament shall be operative without the approval
of the Financial Commission.
The Financial Commission shall supervise the execution of the Budget and the
financial laws and regulations of Turkey. This supervision shall be exercised
through the medium of the Turkish Inspectorate of Finance, which shall be placed
under the direct orders of the Financial Commission, and whose members will only
be appointed with the approval of the Commission.
The Turkish Government undertakes to furnish to this Inspectorate all facilities
necessary for the fulfilment of its task, and to take such action against unsuitable
officials in the Financial Departments of the Government as the Financial Commission
may suggest.
ARTICLE 233.
The Financial Commission shall, in addition, in agreement with the Council
of the Ottoman Public Debt and the Imperial Ottoman Bank, undertake by such means
as may be recognised to be opportune and equitable the regulation and improvement
of the Turkish currency.
ARTICLE 234.
The Turkish Government undertakes not to contract any internal or external
loan without the consent of the Financial Commission.
ARTICLE 235.
The Turkish Government engages to pay, in accordance with the provisions of
the present Treaty, for all loss or damage, as defined in Article 236, suffered
by civilian nationals of the Allied Powers, in respect of their persons or property,
through the action or negligence of the Turkish authorities during the war and
up to the coming into force of the present Treaty.
The Turkish Government will be bound to make to the European Commission of
the Danube such restitutions, reparations and indemnities as may be fixed by the
Financial Commission in respect of damages inHicted on the said European Commission
of the Danube during the war.
ARTICLE 236.
All the resources of Turkey, except revenues conceded or hypothecated to the
service of the Ottoman Public Debt (see Annex 1), shall be placed at the disposal
of the Financial Commission, which shall employ them, as need arises, in the following
manner:
(i) The first charge (after payment of the salaries and current expenses of
the Financial Commission, and of the ordinary expenses of such Allied forces of
occupation as may be maintained after the coming into force of the present Treaty
in territories remaining Turkish) shall be the expenses of the Allied forces of
occupation since October 30, 1918, in territory remaining Turkish, and the expenses
of Allied forces of occupation in territories detached from Turkey in favour of
a Power other than the Power which has borne the expenses of occupation.
The amount of these expenses and of the annuities by which they shall be discharged
will be determined by the Financial Commission, which will so arrange the annuities
as to enable Turkey to meet any deficiency that may arise in the sums required
to pay that part of the interest on the Ottoman Public Debt for which Turkey remains
responsible in accordance with this Part.
(ii) The second charge shall be the indemnity which the Turkish Government
is to pay, in accordance with Article 235, on account of the claims of the Allied
Powers for loss or damage suffered in respect of their persons or property by
their nationals, (other than those who were Turkish nationals on August 1, 1914)
as defined in Article 317, Part IX (Economic Clauses), through the action or negligence
of the Turkish authorities during the war, due regard being had to the financial
condition of Turkey and the necessity for providing for the essential expenses
of its administration. The Financial Commission shall adjudicate on and provide
for payment of all claims in respect of personal damage. The claims in respect
to property shall be investigated, determined and paid in accordance with Article
287, Part IX (Economic Clauses). The Financial Commission shall fix the annuity
to be applied to the settlement of claims in respect of persons as well as in
respect of property, should the funds at the disposal of the Allied Powers in
accordance with the said Article 287, be insufficient to meet this charge, and
shall determine the currency in which the annuity shall be paid.
ARTICLE 237
Any hypothecation of Turkish revenues effected during the war in respect of
obligations (including the internal debt) contracted by the Turkish Government
during the war is hereby annulled.
ARTICLE 238.
Turkey recognises the transfer to the Allied Powers 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 June 28, 19l9, with Germany, and the corresponding Articles of the Treaties
of Peace with Austria, Bulgaria and Hungary. The Allied Powers agree not to require
from Turkey any pay ment in respect of claims so transferred.
ARTICLE 239.
No new concession shall be granted by the Turkish Government either to a Turkish
subject or otherwise without the consent of the Financial Commission.
ARTICLE 240.
States in whose favour territory is detached from Turkey shall acquire without
payment all property and possessions situated therein registered in the name of
the Turkish Empire or of the Civil List.
ARTICLE 241.
States in whose favour territory has been detached from Turkey, either as a
result of the Balkan Wars in 1913, or under the present Treaty, shall participate
in the annual charge for the service of the Ottoman Public Debt contracted before
November 1, 1914.
The Governments of the States of the Balkan Peninsula and the newly-created
States in Asia in favour of whom such territory has been or is detached from Turkey
shall give adequate guarantees for the payment of the share of the above annual
charge allotted to them respectively.
ARTICLE 242.
For the purposes of this Part, the Ottoman Public Debt shall be deemed to consist
of the Debt heretofore governed by the Decree of Mouharrem, together with such
other loans as are enumerated in Annex I to this Part.
Loans contracted before November 1, 1914, will be taken into account in the
distribution of the Ottoman Public Debt between Turkey, the States of the Balkan
Peninsula and the new States set up in Asia.
This distribution shall be effected in the following manner:
(I) Annuities arising from loans prior to October 17, 19l2 (Balkan Wars), shall
be distributed between Turkey and the Balkan States, including Albania, which
receive or have received any Turkish territory.
(2) The residue of the annuities for which Turkey remains liable after this
distribution, together with those arising from loans contracted by Turkey between
October 17, 19l2, and November 1, 1914, shall be distributed between Turkey and
the States in whose favour territory is detached from Turkey under the present
Treaty.
ARTICLE 243
The general principle to be adopted in determining the amount of the annuity
to be paid by each State will be as follows:
The amount shall bear the same ratio to the total required for the service
of the Debt as the average revenue of the transferred territory bore to the average
revenue of the whole of Turkey (including in each case the yield of the Customs
surtax imposed in the year 1907) over the three financial years 1909-10, 1910-11,
and 1911-12.
ARTICLE 244
The Financial Commission shall, as soon as possible after the coming into force
of the present Treaty, determine in accordance with the principle laid down in
Article 243 the amount of the annuities referred to in that Article, and communicate
its decisions in this respect to the High Contracting Parties.
The Financial Commission shall fulfil the functions provided for in Article
134 of the Treaty of Peace concluded with Bulgaria on November 27, 19l9.
ARTICLE 245.
The annuities assessed in the manner above provided will be payable as from
the date of the coming into force of the Treaties by which the respective territories
were detached from Turkey, and, in the case of territories detached under the
present Treaty from March 1, 1920; they shall continue to be payable (except as
provided by Article 252) until the final liquidation of the Debt. They shall,
however, be proportionately reduced as the loans constituting the Debt are successively
extinguished.
ARTICLE 246.
The Turkish Government transfers to the Financial Commission all its rights
under the provisions of the Decree of Mouharrem and subsequent Decrees.
The Council of the Ottoman Public Debt shall consist of the British, French
and Italian delegates, and of the representative of the Imperial Ottoman Bank,
and shall continue to operate as heretofore. It shall administer and levy all
revenues conceded to it under the Decree of Mouharrem and all other revenues the
management of which has been entrusted to it in accordance with any other loan
contracts previous to November 1, 1914.
The Allied Powers authorise the Council to give administrative assistance to
the Turkish Ministry of Finance, under such conditions as may be determined by
the Financial Commission with the object of realising as far as possible the following
programme:
The system of direct levy of certain revenues by the existing Administration
of the Ottoman Public Debt shall, within limits to be prescribed by the Financial
Commission, be extended as widely as possible and applied throughout the provinces
remaining Turkish. On each new creation of revenue or of indirect taxes approved
by the Financial Commission, the Commission shal consider thepossibility of entrusting
the administration thereof to the Council of the Debt for the account of the Turkish
Government.
The administration of the Customs shall be under a Director-General appointed
by and revocable by the Financial Commission and answerable to it. No change in
the schedule of the Customs charges shall be made except with the approval of
the Financial Commission.
The Governments of France, Great Britain and Italy will decide, by a majority
and after consulting the bondholders whether the Council should be maintained
or replaced by the Financial Commission or the expiry of the present term of the
Council. The decision of the Governments shall be taken at least six months before
the date corresponding to the expiry of this period.
ARTICLE 247.
The Commission has authority to propose, at a later date, the substitution
for the pledges at present granted to bondholders, in accordance with their contracts
or existing decrees, of other adequate pledges, or of a charge on the general
revenues of Turkey. The Allied Governments undertake to consider any proposals
the Financial Commission might then have to make on this subject.
ARTICLE 248.
All property, movable and immovable, belonging to the Administration of the
Ottoman Public Debt, wherever situate, shall remain integrally at the disposal
of that body.
The Council of the Debt shall have power to apply the value of any realised
property for the purpose of extraordinary amortisation either of the Unified Debt
or of the Lots Turcs.
ARTICLE 249.
The Turkish Government agrees to transfer to the Financial Commission all its
rights in the Reserve Funds and the Tripoli Indemnity Fund.
ARTICLE 250.
A sum equal to the arrears of any revenues heretofore affected to the service
of the Ottoman Public Debt within the territories remaining Turkish, which should
have been but have not been paid to the Council of the Debt, shall (except where
such territories have been in the military occupation of Allied forces and for
the time of such occupation) be paid to the Council of the Debt by the Turkish
Government as soon as in the opinion of the Financial Commission the financial
condition of Turkey shall permit.
ARTICLE 251.
The Council of the Debt shall review all the transactions of the Council which
have taken place during the war. Any disbursements made by the Council which were
not in accordance with its powers and duties, as defined by the Decree of Mouharrem
or otherwise before the war, shall be reimbursed to the Council of the Debt by
the Turkish Government so soon as in the opinion of the Financial Commission such
payment is possible. The Council shall have power to review any action on the
part of the Council during the war, and to annul any obligation which in its opinion
is prejudicial to the interests of the bondholders, and which was not in accordance
with the powers of the Council of the Debt.
ARTICLE 252.
Any of the States which under the present Treaty are to contribute to the annual
charge for the service of the Ottoman Public Debt may, upon giving six months'
notice to the Council of the Debt, redeem such obligation by payment of a sum
representing the value of such annuity capitalised at such rate of interest as
may be agreed between the State concerned and the Council of the Debt. The Council
of the Debt shall not have power to require such redemption.
ARTICLE 253.
The sums in gold to be transferred by Germany and Austria under the provisions
of Article 259 (1), (2), (4) and (7) of the Treaty of Peace with Germany, and
under Article 210 (1) of the Treaty of Peace with Austria, shall be placed at
the disposal of the Financial Commission.
ARTICLE 254.
The sums to be transferred by Germany in accordance with Article 259 (3) of
the Treaty of Peace with Germany shall be placed forthwith at the disposal of
the Council of the Debt.
ARTICLE 255.
The Turkish Government undertakes to accept any decision that may be taken
by the Allied Powers, in agreement when necessary with other Powers, regarding
the funds of the Ottoman Sanitary Administration and the former Superior Council
of Health, and in respect of the claim of the Superior Council of Health against
the Turkish Government, as well as regarding the funds of the Lifeboat Service
of the Black Sea and Bosphorus.
The Allied Powers hereby give authority to the Financial Commission to represent
them in this matter.
ARTICLE 256.
The Turkish Government, in agreement with the Allied 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.
ARTICLE 257.
As soon as the claims of the Allied Powers against the Turkish Government as
laid down in this Part have been satisfied, and Ottoman pre-war Public Debt has
been liquidated, the Financial Commission shall determine. The Turkish Government
shall then consider in consultation with the Council of the League of Nations
whether any further administrative advice and assistance should in the interests
of Turkey be provided for the Turkish Government by the Powers, Members of the
League of Nations, and, if so, in what form such advice and assistance shall be
given.
ARTICLE 258.
(1) Turkey will deliver, in a seaworthy condition and in such ports of the
Allied Powers as the Governments of the said Powers may determine all German ships
transferred to the Turkish flag since August I, I9I4; these ships will be handed
over to the Reparation Commission referred to in Article 233 of the Treaty of
Peace with Germany, any transfer to a neutral flag during the war being regarded
in this respect as void so far as concerns the Allied Powers.
(2) The Turkish Government will hand over at the same time as the ships referred
to in paragraph (1) all papers and documents which the Reparation Commission referred
to in the said paragraph may think necessary in order to ensure the complete transfer
of the property in the vessels, free and quit of all liens, mortgages, encumbrances,
charges or claims, whatever their nature.
The Turkish Government will effect any re-purchase or indemnisation which may
be necessary. It will be the party responsible in the event of any proceedings
for the recovery of, or in any claims against, the vessel to be handed over whatever
their nature, the Turkish Government being bound in every case to guarantee the
Reparation Commission referred to in paragraph (1) against any ejectment or proceedings
upon any ground whatever arising under this head.
ARTICLE 259.
Without prejudice to Article 277, Part IX (Economic Clauses) of the present
Treaty, Turkey renounces, so far as she is concerned, the benefit of any provisons
of the Treaties of Brest-Litovsk and Bucharest or of the Treaties supplementary
thereto.
Turkey undertakes to transfer either to Roumania or to the Principal Allied
Powers, as the case may be, all monetary instruments, specie, securities and negotiable
instruments or goods which she has received under the aforesaid Treaties.
ARTICLE 260.
The legislative measures required in order to give effect to the provisions
of this Part will be enacted by the Turkish Government and by the Powers concerned
within a period which must not exceed six months from the signature of the present
Treaty.
ANNEX I:
THE OTTOMAN PRE-WAR PUBLIC DEBT. (NOVEMBER 5, 1914)
ANNEX I I .
1.The Commission shall establish its own rules and procedure.
The Chairmanship shall be held annually by the French, British and Italian
Delegates in turn.
Each member shall have the right to nominate a deputy to act for him in his
absence.
Decisions shall be taken by the vote of the majority. Abstention from voting
will be treated as a vote against the proposal under discussion.
The Commission shall appoint such agents and employees as it may deem necessary
for its work, with such emoluments and conditions of service as it may think fit.
The costs and expenses of the Commission shall be paid by Turkey, in conformity
with the provisions of Article 236 (i.).
The salaries of the members of the Commission, as well as those of its officials,
shall be fixed on a reasonable scale by agreement from time to time between the
Governments represented on the Commission.
The members of the Commission shall enjoy the same rights and immunities as
are enjoyed in Turkey by duly accredited diplomatic agents of friendly Powers.
2.Turkey undertakes to grant to the members, officials and agents of the Commission
full powers to visit and inspect at all reasonable times any place, public works,
or undertakings in Turkey, and to furnish to the said Commission all records,
documents and information which it may require.
3.The Commission shall be entitled to assume, in agreement with the Turkish
Government and independently of any default of the latter in fulfilling its obligations,
the control, management and collection of all indirect taxes.
4.No member of the Commission shall be responsible, except to the Government
appointing him, for any action or omission in the performance of his duties. No
one of the Allied Governments assumes any responsisility in respect of any other
Government.
5.The Commission shall publish annually detailed reports on its work, its methods
and its proposals for the financial reorganisation of Turkey, as well as regarding
its accounts for the period.
6.The Commission shall also take over any other duties which may be assigned
to it under the present Treaty or with the assent of the Turkish Government.
PART IX.
ECONOMIC CLAUSES.
SECTION I.
COMMERCIAL RELATIONS.
ARTICLE 261 .
The capitulatory regime resulting from treaties, conventions or usage shall
be re-established in favour of the Allied Powers which directly or indirectly
enjoyed the benefit thereof before August 1, 1914, and shall be extended to the
Allied Powers which did not enjoy the benefit thereof on that date.
ARTICLE 262.
The Allied Powers who had post-offices in the former Turkish Empire before
August 1, 1914, will be entitled to re-establish post-offices in Turkey.
ARTICLE 263.
The Convention of April 25, 1907, so far as it relates to the rate of import
duties in Turkey, shall be re-established in force in favour of all the Allied
Powers.
Nevertheless the Financial Commission established in accordance with Article
231, Part VIII (Financial Clauses) of the present Treaty may at any time authorise
a modification of these import duties, or the imposition of consumption duties,
provided that any duties so modified or imposed shall be applied equally to goods
of whatever ownership or origin.
No modification of existing duties or imposition of new duties authorised by
the Financial Commission by virtue of this Article shall take effect until after
a period of six months from its notification to all the Allied Powers. During
this period the Commission shall consider any observations relative thereto which
may be formulated by any Allied Power.
ARTICLE 264.
Subject to any rights and exemptions resulting from concession contracts made
before August 1, 1914, the Financial Commission shall be entitled to authorise
the application by Turkey, in the conditions of equality laid down in Article
263, to the persons or property of the nationals of the Allied Powers of any taxes
or duties which shall similarly be imposed on Turkish subjects in the interests
of the economic stability and good government of Turkey.
The Financial Commission shall also be entitled to authorise the application,
in the same interests and in the same conditions to the nationals of the Allied
Powers of any prohibitions on import or export.
No such tax, duty or prohibition shall take effect until after a period of
six months from its notification to all the Allied Powers. During this period
the Commission shall consider any observations relative thereto that may be formulated
by any Allied Power.
ARTICLE 265.
In the case of vessels of the Allied Powers all classes of certificates or
documents relating to the vessel which were recognised as valid by Turkey before
the war, or which may hereafter be recognised as valid by the principal maritime
States, shall be recognised by Turkey as valid and as equivalent to the corresponding
certificates issued to Turkish vessels.
A similar recognition shall be accorded to the certificates and documents issued
to their vessels by the Governments of new States, whether they have a sea-coast
or not, provided that such certificates and documents shall be issued in conformity
with the general practice observed in the principal maritime States.
The High Contracting Parties agree to recognise the flag flown by the vessels
of an Allied Power or a new State having no sea-coast which are registered at
some one specified place situated in its territory; such place shall serve as
the port of registry of such vessels.
ARTICLE 266.
Turkey undertakes to adopt all the necessary legislative and administrative
measures to protect goods the produce or manufacture of any one of the Allied
Powers or new States from all forms of unfair competition in commercial transactions.
Turkey undertakes to prohibit and repress by seizure and by other appropriate
remedies the importation, exportation, manufacture, distribution, sale or offering
for sale in her territory of all goods bearing upon themselves or their usual
get-up or wrappings any marks, names, devices or descriptions whatsoever which
are calculated to convey directly or indirectly a false indication of the origin,
type, nature or special characteristics of such goods.
ARTICLE 267.
Turkey undertakes, on condition that reciprocity is accorded in these matters,
to respect any law, or any administrative or judicial decision given in conformity
with such law, in force in any Allied State or new State and duly communicated
to her by the proper authorities, defining or regulating the right to any regional
appellation in respect of wine or spirits produced in the State to which the region
belongs, or the conditions under which the use of any such appellation may be
permitted; and the importation, exportation, manufacture, distribution, sale or
offering for sale of products or articles bearing regional appellations inconsistent
with such law or order shall be prohibited by Turkey and repressed by the measures
prescribed in Article 266.
ARTICLE 268.
If the Turkish Government engages in international trade, it shall not in respect
thereof have or be deemed to have any rights, privileges or immunities of sovereignty.
SECTION II.
TREATIES.
ARTICLE 269.
From the coming into force of the present Treaty and subject to the provisions
thereof the multilateral treaties, conventions and agreements of an economic or
technical character enumerated below and in the subsequent Articles shall alone
be applied as between Turkey and those of the Allied Powers party thereto:
(1) Conventions of March 14, 1884, of December 1, 1886, and of March 23, 1887,
and Final Protocol of July 7, 1887, regarding the protection of submarine cables.
(2) Convention of July 5, 1890, regarding the publication of customs tariffs
and the organisation of an International Union for the publication of customs
tariffs.
(3) Arrangement of December 9, 1907, regarding the creation of an International
Office of Public Hygiene at Paris.
(4) Convention of June 7, 1995, regarding the creation of an International
Agricultural Institute at Rome.
(5) Convention of June 27, 1855, relating to the Turkish Loan.
(6) Convention of July I6, 1863, for the redemption of the toll dues on the
Scheldt.
(7) Convention of October 29, I888, regarding the establishment of a definite
arrangement guaranteeing the free use of the Suez Canal.
ARTICLE 270.
From the coming into force of the present Treaty, the High Contracting Parties
shall apply the conventions and agreements hereinafter mentioned, in so far as
concerns them, on condition that the special stipulations contained in this Article
are fulfilled by Turkey.
Postal Conventions:
Conventions and Agreements of the Universal Postal Union concluded at Vienna
on July 4, 1891.
Conventions and Agreements of the Postal Union signed at Washington on June
15, 1897.
Conventions and Agreements of the Postal Union signed at Rome on May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg on July 10/22,
1875.
Regulations and Tariffs drawn up by the International Telegraphic Conference,
Lisbon, June 11, 1908.
Turkey undertakes not to refuse her consent to the conclusion by new States
of the special arrangements referred to in the Conventions and Agreements relating
to the Universal Postal Union and to the International Telegraphic Union, to which
the said new States have adhered or may adhere.
ARTICLE 271.
From the coming into force of the present Treaty the High Contracting Parties
shall apply, in so far as concerns them, the International Radio-Telegraphic Convention
of July 5, 1912, on condition that Turkey fulfils the provisional regulations
which will be indicated to her by the Allied Powers.
If within five years after the coming into force of the present Treaty a new
convention regulating international radio-telegraphic communications should have
been concluded to take the place of the Convention of July 5, 1912, this new convention
shall bind Turkey, even if Turkey should refuse either to take part in drawing
up the convention or to subscribe thereto.
This new convention will likewise replace the provisional regulations in force.
ARTICLE 272.
Turkey undertakes:
(1) Within a period of twelve months from the coming into force of the present
Treaty to adhere in the prescribed form to the International Convention of Paris
of March 20, 1883, for the protection of industrial property, revised at Washington
on June 2, I911, and the International Convention of Berne of September 9, 1886,
for the protection of literary and artistic works, revised at Berlin on November
13, 1908, and the Additional Protocol of Berne of March 20, 1914, relating to
the protection of literary and artistic works:
(2) Within the same period, to recognise and protect by effective legislation,
in accordance with the principles of the said Conventions, the industrial, literary
and artistic property of nationals of the Allied States or of any new State.
In addition, and independently of the obligations mentioned above, Turkey undertakes
to continue to assure such recognition and such protection to all the industrial,
literary and artistic property of the nationals of each of the Allied States and
of any new State to an extent at least as great as upon August 1, 1914, and upon
the same conditions.
ARTICLE 273.
Turkey undertakes to adhere to the conventions and arrangements hereinafter
mentioned, or to ratify them:
(1) Convention of October 11, 1909, regarding the international circulation
of motor cars.
(2) Agreement of May 15, 1886, regarding the sealing of railway trucks subject
to customs inspection, and Protocol of May
(3) Convention of December 31, 1913, regarding the unification of commercial
statistics.
(4) Convention of September 23, 1910, respecting the unification of certain
regulations regarding collisions and salvage at sea.
(5) Convention of December 21, 1904, regarding the exemption of hospital ships
from dues and charges in ports.
(6) Conventions of May 18, 1904, and of May 4, 1910, regarding the suppression
of the White Slave Traffic.
(7) Convention of May 4, 1910, regarding the suppression of obscene publications.
(8) Sanitary Conventions of January 30, 1892, April 15, 1893, April 3, 1894,
March 19, 1897, and December 3, 1903.
(9) Convention of November 29, 1906, regarding the unification of pharmacopseial
formulae for potent drugs.
(10) Conventions of November 3, 1881, and April 15, 1889, regarding precautionary
measures against phylloxera.
(11) Convention of March 19, 1902, regarding the protection of birds useful
to agriculture.
ARTICLE 274.
Each of the Allied Powers, being guided by the general principles or special
provisions of the present Treaty, shall notify to Turkey the bilateral treaties
or conventions which such Allied Power wishes to revive with Turkey.
The notification referred to in this Article shall be made either directly
or through the intermediary of another Power. Receipt thereof shall be acknowledged
in writing by Turkey. The date of the revival shall be that of the notification.
The Allied Powers undertake among themselves not to revive with Turkey any
conventions or treaties which are not in accordance with the terms of the present
Treaty.
The notification shall mention any provisions of the said conventions and treaties
which, not being in accordance with the terms of the present Treaty, shall not
be considered as revived.
In case of any difference of opinion, the League of Nations will be called
on to decide.
A period of six months from the coming into force of the present Treaty is
allowed to the Allied Powers within which to make the notification.
Only those bilateral treaties and conventions which have been the subject of
such a notification shall be revived between the Allied Powers and Turkey; all
the others are and shall remain abrogated.
The above regulations apply to all bilateral treaties or conventions existing
between all the Allied Powers and Turkey, even if the said Allied Powers have
not been in a state of war with Turkey.
The provisions of this Article do not prejudice the stipulations of Article
261.
ARTICLE 275.
Turkey recognises that all the treaties, conventions or agreements which she
has concluded with Germany, Austria, Bulgaria or Hungary since August 1, 1914,
until the coming into force of the present Treaty are and remain abrogated by
the present Treaty.
ARTICLE 276.
Turkey undertakes to secure to the Allied Powers, and to the officials and
nationals of the said Powers, the enjoyment of all the rights and advantages of
any kind which she may have granted to Germany, Austria, Bulgaria or Hungary,
or to the officials and nationals of these States by treaties, conventions or
arrangements concluded before August 1, 1914, so long as those treaties, conventions
or arrangements remain in force.
The Allied Powers reserve the right to accept or not the enjoyment of these
rights and advantages.
ARTICLE 277.
Turkey recognises that all treaties, conventions or arrangements which she
concluded with Russia, or with any State or Government of which the territory
previously formed a part of Russia, before August 1, 1914, or after that date
until the coming into force of the present Treaty, or with Roumania after August
15, 1916, until the coming into force of the present Treaty, are and remain abrogated.
ARTICLE 278.
Should an Allied Power, Russia, or a State or Government of which the territory
formerly constituted a part of Russia, have been forced since August 1, 1914,
by reason of military occupation or by any other means or for any other cause,
to grant or to allow to be granted by the act of any public authority, concessions,
privileges and favours of any kind to Turkey or to a Turkish national, such concessions,
privileges and favours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this annulment shall be charged
against the Allied Powers or the Powers, States, governments or public authorities
which are released from their engagements by this Article.
ARTICLE 279.
From the coming into force of the present Treaty, Turkey undertakes to give
the Allied Powers and their nationals the benefit ipso facto of the rights and
advantages of any kind which she has granted by treaties, conventions or arrangements
to non-belligerent States or their nationals since August 1, 1914, until the coming
into force of the present Treaty, so long as those treaties, conventions or arrangements
remain in force.
ARTICLE 280.
Those of the High Contracting Parties who have not yet signed, or who have
signed but not yet ratified, the Opium Convention signed at the Hague on January
23, I9I2, agree to bring the said Convention into force, and for this purpose
to enact the necessary legislation without delay and in any case within a period
of twelve months from the coming into force of the present Treaty.
Furthermore, they agree that ratification of the present Treaty should in the
case of Powers which have not yet ratified the Opium Convention be deemed in all
respects equivalent to the ratification of that Convention and to the signature
of the Special Protocol which was opened at The Hague in accordance with the resolutions
adopted by the Third Opium Conference in 1914 for bringing the said Convention
into force.
For this purpose the Government of the French Republic will communicate to
the Government of the Netherlands a certified copy of the Protocol of the deposit
of ratifications of the present Treaty, and will invite the Government of the
Netherlands to accept and deposit the said certified copy as if it were a deposit
of ratifications of the Opium Convention and a signature of the Additional Protocol
of 1914.
SECTION III .
INDUSTRIAL PROPERTY.
ARTICLE 2 81.
Subject to the stipulations of the present Treaty, rights of industrial, literary
and artistic property, as such property is defined by the International Conventions
of Paris and of Berne mentioned in Article 272, shall be re-established or restored,
as from the coming into force of the present Treaty, in the territories of the
High Contracting Parties, in favour of the persons entitled to the benefit of
them at the moment when the state of war commenced, or their legal representatives.
Equally, rights which, except for the war, would have been acquired during the
war in consequence of an application made for the protection of industrial property,
or the publication of a literary or artistic work, shall be recognised and established
in favour of those persons who would have been entitled thereto, from the coming
into force of the present Treaty.
Nevertheless, all acts done by virtue of the special measures taken during
the war under legislative, executive or administrative authority of any Allied
Power in regard to the rights of Turkish nationals in industrial, literary or
artistic property shall remain in force and shall continue to maintain their full
effect.
No claim shall be made or action brought by Turkey or Turkish nationals in
respect of the use during the war by the Government of any Allied Power, or by
any person acting on behalf or with the assent of such Government, of any rights
in industrial, literary or artistic property, nor in respect of the sale, offering
for sale or use of any products, articles or apparatus whatsoever to which such
rights applied.
Unless the legislation of any one of the Allied Powers in force at the moment
of the signature of the present Treaty otherwise directs, sums due or paid in
virtue of any act or operation resulting from the execution of the special measures
mentioned in the second paragraph of this Article shall be dealt with in the same
way as other sums due to Turkish nationals are directed to be dealt with by the
present Treaty; and sums produced by any special measures taken by the Turkish
Government in respect of rights in industrial, literary or artistic property belonging
to the nationals of the Allied Powers shall be considered and treated in the same
way as other debts due from Turkish nationals.
Each of the Allied Powers reserves to itself the right to impose such limitations,
conditions or restrictions on rights of industrial literary or artistic property
(with the exception of trade-marks) acquired before or during the war, or which
may be subsequently acquired in accordance with its legislation, by Turkish nationals
whether by granting licences, or by the working, or by preserving control over
their exploitation, or in any other way, as may be considered necessary for national
defence, or in the public interest or for assuring the fair treatment by Turkey
of the rights of industrial, literary and artistic property held in Turkish territory
by its nationals, or for securing the due fulfilment of all the obligations undertaken
by Turkey in the present Treaty. As regards rights of industrial, literary and
artistic property acquired after the coming into force of the present Treaty,
the right so reserved by the Allied Powers shall only be exercised in cases where
these limitations, conditions or restrictions may be considered necessary for
national defence or in the public interest.
In the event of the application of the provisions of the preceding paragraph
by any Allied Power, there shall be paid reasonable indemnities or royalties,
which shall be dealt with in the same way as other sums due to Turkish nationals
are directed to be dealt with by the present Treaty.
Each of the Allied Powers reserves the right to treat as void and of no effect
any transfer in whole or in part of or other dealing with rights of or in respect
of industrial, literary or artistic property effected after August 1, 19l4, or
in the future, which would have the result of defeating the objects of the provisions
of this Article.
The provisions of this Article shall not apply to rights in industrial, literary
or artistic property which have been dealt with in the liquidation of businesses
or companies under war legislation by the Allied Powers, or which may be so dealt
with by virtue of Article 289.
ARTICLE 282
A minimum of one year after the coming into force of the present Treaty shall
be accorded to the nationals of the High Contracting Parties, without extension
fees or other penalty, in order to enable such persons to accomplish any act,
fulfil any formality, pay any fees, and generally satisfy any obligation prescribed
by the laws or regulations of the respective States relating to the obtaining,
preserving or opposing rights to, or in respect of, industrial property either
acquired before August 1, 1914, or which, except for the war, might have been
acquired since that date as a result of an application made before the war or
during its continuance.
All rights in, or in respect of, such property which may have lapsed by reason
of any failure to accomplish any act, fulfil any formality, or make any payment
shall revive, but subject in the case of patents and designs to the imposition
of such conditions as each Allied Power may deem reasonably necessary for the
protection of persons who have manufactured or made use of the subject-matter
of such property while the rights had lapsed. Furhter, where rights to patents
or designs belonging to Turkish nationals are revived under this Article, they
shall be sub]ect in respect of the grant of licences to the same provisions as
would have been applicable to them during the war, as well as to all the provisions
of the present Treaty.
The period from August 1, 1914, until the coming into force of the present
Treaty shall be excluded in considering the time within which a patent should
be worked or a trade-mark or design used, and it is further agreed that no patent,
registered trade-mark or design in force on August 1, 1914, shall be subject to
revocation or cancellation by reason only of the failure to work such patent or
use such trade-mark or design for two years after the coming into force of the
present Treaty.
ARTICLE 283.
No action shall be brought and no claim made by persons residing or carrying
on business within the territories of Turkey on the one part and of the Allied
Powers on the other, or persons who are nationals of such Powers respectively,
or by any one deriving title during the war from such persons, by reason of any
action which has taken place within the territory of the other party between the
date of the existence of a state of war and that of the coming into force of the
present Treaty, which might constitute an infringement of the rights of industrial
property or rights of literary and artistic property, either existing at any time
during the war or revived under the provisions of Article 282.
Equally, no action for infringement of industrial, literary or artistic property
rights by such persons shall at any time be permissible in respect of the sale
or offering for sale for a period of one year after the signature of the present
Treaty in the territories of the Allied Powers on the one hand, or Turkey on the
other, of products or articles manufactured, or of literary or artistic works
published, during the period between the existence of a state of war and the signature
of the present Treaty, or against those who have acquired and continue to use
them. It is understood, nevertheless, that this provision shall not apply when
the possessor of the rights was domiciled or had an industrial or commercial establishment
in the districts occupied by Turkey during the war.
ARTICLE 284.
Licences in respect of industrial, literary or artistic property concluded
before the war between nationals of the Allied Powers or persons residing in their
territory or carrying on business therein on the one part, and Turkish nationals
on the other part shall be considered as cancelled as from the date of the existence
of a state of war between Turkey and the Allied Power. But in any case the former
beneficiary of a contract of this kind shall have the right, within a period of
six months after the coming into force of the present Treaty, to demand from the
proprietor of the rights the grant of a new licence, the conditions of which in
default of agreement between the parties, shall be fixed by the duly qualified
tribunal in the country under whose legislation the rights had been acquired,
except in the case of licences held in respect of rights acquired under Turkish
law. In such cases the conditions shall be fixed by the Arbitral Commission referred
to in Article 287. The tribunal or the Commission may, if necessary, fix also
the amount which it may deem just should be paid by reason of the use of the rights
during the war.
No licence in respect of industrial, literary or artistic property granted
under the special war legislation of any Allied Power shall be affected by the
continued existence of any licence entered into before the war, but shall remain
valid and of full effect, and a licence so granted to the former beneficiary of
a licence entered into before the war shall be considered as substituted for such
licence.
Where sums have been paid during the war by virtue of a licence or agreement
concluded before the war in respect of rights of industrial property or for the
reproduction or the representation of literary, dramatic or artistic works, these
sums shall be dealt with in the same manner as other debts or credits of Turkish
nationals as provided by the present Treaty.
ARTICLE 285.
The inhabitants of territories detached from Turkey under the present Treaty
shall, notwithstanding this transfer and the change of nationality consequent
thereon, continue to enjoy in Turkey all the rights in industrial, literary and
artistic property to which they were entitled under Turkish legislation at the
time of the transfer.
Rights of industrial, literary and artistic property which are in force in
the territories detached from Turkey under the present Treaty at the moment of
the transfer, or which will be re-established or restored in accordance with the
provisions of Article 281, shall be recognised by the State to which the said
territory is transferred, and shall remain in force in that territory for the
same period of time given them under the Turkish law.
ARTICLE 286.
A special convention shall determine all questions relative to the records,
registers and copies in connection with the protection of industrial, literary
or artistic property, and fix their eventual transmission or communication by
the Turkish offices to the offices of the States in favour of which territory
is detached from Turkey.
SECTION IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 287.
The property, rights and interests situated in territory which was under Turkish
sovereignty on August 1, 1914, and belonging to nationals of Allied Powers who
were not during the war Turkish nationals, or of companies controlled by them,
shall be immediately restored to their owners free of all taxes levied by or under
the authority of the Turkish Government or authorities, except such as would have
been leviable in accordance with the capitulations. Where property has been confiscated
during the war or sequestrated in such a way that its owners enjoyed no benefit
therefrom, it shall be restored free of all taxes whatever.
The Turkish Government shall take such steps as may be within its power to
restore the owner to the possession of his property free from all encumbrances
or burdens with which it may have been charged without his assent. It shall indemnify
all third parties injured by the restitution.
If the restitution provided for in this Article cannot be effected, or if the
property, rights or interests have been damaged or injured, whether they have
been seized or not, the owner shall be entitled to compensation. Claims made in
this respect by the nationals of Allied Powers or by companies controlled by them
shall be investigated and the total of the compensation shall be determined by
an Arbitral Commission to be appointed by the Council of the League of Nations.
This compensation shall be borne by the Turkish Government and may be charged
upon the property of Turkish nationals within the territory or under the control
of the claimant's State. So far as it is not met from this source it shall be
satisfied out of the annuity referred to in Article 236 (ii), Part VIII. (Financial
Clauses) of the present Treaty.
The above provision shall not impose any obligation on the Turkish Government
to pay compensation for damage to property, rights and interests effected since
October 30, 1918, in territory in the effective occupation of the Allied Powers
and detached from Turkey by the present Treaty. Compensation for any actual damage
to such property, rights and interests inflicted by the occupying authorities
since the above date shall be a charge on the Allied authorities responsible.
ARTICLE 288.
The property, rights and interests in Turkey of former Turkish nationals who
acquire ipso facto the nationality of an Allied Power or of a new State in accordance
with the provisions of the present Treaty, or any further Treaty regulating the
disposal of territories detached from Turkey, shall be restored to them in their
actual condition.
ARTICLE 289.
Subject to any contrary stipulations which may be provided in the present Treaty,
the Allied Powers reserve the right to retain and liquidate all property, rights
and interests of Turkish nationals, or companies controlled by them, within their
territories, colonies, possessions and protectorates, excluding any territory
under Turkish sovereignty on October 17, 19l2.
The liquidation shall be carried out in accordance with the laws of the Allied
Power concerned, and the Turkish owner shall not be able to dispose of such property,
rights, or interests, or to subject them to any charge, without the consent of
that Power.
ARTICLE 290.
Turkish nationals who acquire ipso facto the nationality of an Allied Power
or of a new State in accordance with the provisions of the present Treaty, or
any further Treaty regulating the disposal of territories detached from Turkey,
will not be considered as Turkish nationals within the meaning of the fifth paragraph
of Article 281, Articles 282, 284, the third paragraph of Article 287, Articles
289, 29I, 292, 293, 30I, 302, and 308.
ARTICLE 291.
All property, rights and interests of Turkish nationals within the territory
of any Allied Power, excluding any territory under Turkish sovereignty on October
17, 1912, and the net proceeds of their sale, liquidation or other dealing therewith
may be charged by that Allied Power with payment of amounts due in respect of
claims by the nationals of that Allied Power under Article 287 or in respect of
debts owing to them by Turkish nationals.
The proceeds of the liquidation of such property, rights and interests not
used as provided in Article 289 and the first paragraph of this Article shall
be paid to the Financial Commission to be employed in accordance with the provisions
of Article 236 (ii), Part VIII (Financial Clauses) of the present Treaty.
ARTICLE 292.
The Turkish Government undertakes to compensate its nationals in respect of
the sale or retention of their property, rights or interests in Allied countries.
ARTICLE 293
The Governments of an Allied Power or new State exercising authority in territory
detached from Turkey in accordance with the present Treaty or any other Treaty
concluded since October 17, 1912, may liquidate the property, rights and interests
of Turkish companies or companies controlled by Turkish nationals in such territory;
the proceeds of the liquidation shall be paid direct to the company.
This Article shall not apply to companies in which Allied nationals, including
those of the territories placed under mandate, had on August 1, 1914, a preponderant
interest.
The provisions of the first paragraph of this Article relating to the payment
of the proceeds of liquidation do not apply in the case of railway undertakings
where the owner is a Turkish company in which the majority of the capital or the
control is held by German, Austrian, Hungarian or Bulgarian nationals either directly
or through their interests in a company controlled by them, or was so held on
August 1, 1914. In such case the proceeds of the liquidation shall be paid to
the Financial Commission.
ARTICLE 294.
The Turkish Government shall, on the demand of the Principal Allied Powers,
take over the undertaking, property, rights and interests of any Turkish company
holding a railway concession in Turkish territory as it results from the present
Treaty, and shall transfer in accordance with the advice of the Financial Commission
the said undertaking, property, rights and interests, together with any interest
which it may hold in the line or in the undertaking, at a price to be fixed by
an arbitrator nominated by the Council of the League of Nations. The amount of
this price shall be paid to the Financial Commission and shall be distributed
by it, together with any amount received in accordance with Article 293, among
the persons directly or indirectly interested in the company, the proportion attributable
to the interests of nationals of Germany, Austria, Hungary or Bulgaria being paid
to the Reparation Commission established under the Treaties of Peace with Germany,
Austria, Hungary and Bulgaria respectively; the proportion of the price attributable
to the Turkish Government shall be retained by the Financial Commission for the
purposes referred to in Article 236, Part Vlll (Financial Clauses) of the present
Treaty.
ARTICLE 295.
Until the expiration of a period of six months from the coming into force of
the present Treaty, the Turkish Government will effectively prohibit all dealings
with the property, rights and interests within its territory which belong, at
the date of the coming into force of the present Treaty, to Germany, Austria,
Hungary, Bulgaria or their nationals, except in so far as may be necessary for
the carrying into effect of the provisions of Article 260 of the Treaty of Peace
with Germany or any corresponding provisions in the Treaties of Peace with Austria,
Hungary or Bulgaria.
Subject to any special stipulations in the present Treaty affecting property
of the said States, the Turkish Government will proceed to liquidate any of the
property, rights or interests above referred to which may be notified to it within
the said period of six months by the Principal Allied Powers. The said liquidation
shall be effected under the direction of the said Powers and in the manner indicated
by them. The prohibition of dealings with such property shall be maintained until
the liquidation is completed.
The proceeds of liquidation shall be paid direct to the owners, except where
the property so liquidated belongs to the German, Austrian, Hungarian or Bulgarian
States, in which event the proceeds shall be handed over to the Reparation Commission
established under the Treaty of Peace with the State to which the property belonged.
ARTICLE 296.
The Governments exercising authority in territory detached from Turkey in accordance
with the present Treaty may liquidate any property, rights and interests within
such territory which belong at the date of the coming into force of the present
Treaty to Germany, Austria, Hungary, Bulgaria or their nationals, unless they
have been dealt with under the provisions of Article 260 of the Treaty of Peace
with Germany or any corresponding provisions in the Treaties of Peace with Austria,
Hungary or Bulgaria.
The proceeds of liquidation shall be disposed of in the manner provided in
Article 295.
ARTICLE 297.
If on the application of the owner the Arbitral Commission provided for in
Article 287 is satisfied that the conditions of sale of any property liquidated
in virtue of Articles 293, 295 or 296, or measures taken outside its general legislation
by the Government exercising authority in the territory in which the property
was situated, were unfairly prejudicial to the price obtained, the Commission
shall have discretion to award to the owner equitable compensation to be paid
by that Government.
ARTICLE 298.
The validity of vesting orders and of orders for the winding-up of businesses
or companies and of any other orders, directions decisions or instructions of
any court or any department of the Government of any of the Allied Powers made
or given, or purporting to be made or given, in pursuance of war legislation with
regard to enemy property, rights and interests in their territories is confirmed.
The interests of all persons shall be regarded as having been effectively dealt
with by any order, direction, decision or instruction dealing with such property
in which they may be interested, whether or not such interests are specifically
mentioned in the order, direction, decision or instruction
No question shall be raised as to the regularity of a transfer of any property,
rights or interests dealt with in pursuance of any such order, direction, decision
or instruction.
Every action taken with regard to any property, business or comapny in the
territories of the Allied Powers, whether as regards its investigation, sequestration,
compulsory administration, use, requisition, supervision or winding-up, the sale
or management of property, rights or interests, the collection or discharge of
debts, the payment of costs, charges or expenses, or any other matter whatsoever
in pursuance of orders, directions, decisions or instructions of any court or
of any department of the Government of any of the Allied Powers, made or given,
or purporting to be made or given, in pursuance of war legislation with regard
to enemy property, rights or interests, is confirmed.
Part One Part Three
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