ARTICLE 4

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

ARTICLE 5

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

ARTICLE 6

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

ARTICLE 7

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

ARTICLE 8

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

SECTION II

ARTICLE 9

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

ARTICLE 10

The provisions of Section I of this protocol, except Articles 7 and 8, will be applied to the contracts referred to in Article 9. Article 3 will only have effect in detached territories where the property or the services of the concessionnaires were utilized by the state exercising authority in such territory.

ARTICLE 11

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

ARTICLE 12

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

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

ARTICLE 13

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

Done at Lausanne, the 24th July, 1923.

The undersigned, duly authorized, declare that the Turkish Government undertakes to apply the provisions of Section I of the protocol of today's date with respect to certain concessions granted in the Ottoman Empire, to Ottoman companies in which on the 1st August, 1914, the capital of nationals of the other Powers party to that protocol was preponderant. Done at Lausanne, the 24th July, 1923.

M. ISMET.

DR. RIZA NOUR. HASSAN.

XIII. PROTOCOL RELATING TO THE ACCESSION OF BELGIUM AND PORTUGAL TO CERTAIN PROVISIONS OF INSTRUMENTS SIGNED AT LAUSANNE

The high contracting parties, signatories of the treaty of peace dated this day, have agreed to admit Belgium and Portugal to accede to the stipulations of Section I of Part II (Financial Clauses) and to the stipulations of Part III (Economic Clauses) of the said treaty, such accession taking effect at the same time and in the same conditions as the treaty. They have similarly agreed to admit Belgium to accede, in the same conditions, to the protocol dated this day relating to certain concessions granted in the Ottoman Empire.

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

Done at Lausanne, the 24th July, 1923.

DECLARATION SIGNED BY THE BELGIUM DELEGATE

The undersigned, after having produced to the representatives of the Powers signatory of the treaty of peace dated this day his full powers, found in good and due form, declares by these presents that he accedes in the name of Belgium to the stipulations of Section I of Part II (Financial Clauses) and to the stipulations of Part III (Economic Clauses) of the said treaty of peace, as well as to the stipulations of the protocol dated this day regarding certain concessions granted in the Ottoman Empire.

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

Done at Lausanne, the 24th July, 1923.

FERNAND PELTZER.

DECLARATION SIGNED BY THE PORTUGUESE DELEGATE

The undersigned, after having produced to the representatives of the Powers signatory of the treaty of peace dated this day his full powers, found in good and due form, declares by these presents that he accedes in the name of Portugal to the stipulations of Section I of Part II (Financial Clauses) and to the stipulations of Part III (Economic Clauses) of the said treaty of peace.

This accession, which will re-establish the state of peace and official relations, shall take effect at the time and in the terms and conditions prescribed in the protocol dated this day, by which the Powers signatory of the said treaty of peace have admitted Portugal to proceed to the present accession. Done at Lausanne, the 24th July, 1923.

A. M. BARTHOLOMEU FERREIRA.

XIV. PROTOCOL RELATING TO THE EVACUATION OF THE TURKISH TERRITORY OCCUPIED BY THE BRITISH, FRENCH AND ITALIAN FORCES

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

The undersigned, being duly authorized, have agreed respectively to take the following measures:

I

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

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

II

The operations of evacuation shall be completed within six weeks.

III

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

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

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

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