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PART III.-ECONOMIC CLAUSES

ARTICLE 64

In this part, the expression "Allied Powers" means the contracting Powers other than Turkey.

The term "Allied nationals" includes physical persons, companies and associations of the contracting Powers other than Turkey, or of a state or territory under the protection of one of the said Powers.

The provisions of this part relating to "Allied nationals" shall benefit persons who without having the nationality of one of the Allied Powers, have, in consequence of the protection which they in fact enjoyed at the hands of these Powers, received from the Ottoman authorities the same treatment as Allied nationals and have, on this account, been prejudiced.

SECTION I.-PROPERTY, RIGHTS AND INTERESTS

ARTICLE 65

Property, rights and interests which still exist and can be identified in territories remaining Turkish at the date of the coming into force of the present treaty, and which belong to persons who on the 29th October, 1914, were Allied nationals, shall be immediately restored to the owners in their existing state.

Reciprocally, property, rights and interests which still exist and can be identified in territories subject to the sovereignty or protectorate of the Allied Powers on the 29th October, 1914, or in territories detached from the Ottoman Empire after the Balkan wars and subject today to the sovereignty of any such Power, and which belong to Turkish nationals, shall be immediately restored to the owners in their existing state. The same provision shall apply to property, rights and interests which belong to Turkish nationals in territories detached from the Ottoman Empire under the present treaty, and which may have been subjected to liquidation or any other excерtional measure whatever on the part of the authorities of the Allied Powers.

All property, rights and interests situated in territory detached from the Ottoman Empire under the present treaty, which, after having been subjected by the Ottoman Government to an exceptional war measure, are now in the hands of the contracting Power exercising authority over the said territory, and which can be identified, shall be restored to their legitimate owners, in their existing state. The same provision shall apply to immovable property which may have been liquidated by the contracting Power exercising authority over the said territory. All other claims between individuals shall be submitted to the competent local courts.

All disputes relating to the identity or the restitution of property to which a claim is made shall be submitted to the mixed arbitral tribunal provided for in Section V of this part.

ARTICLE 66

In order to give effect to the provisions of the first and second paragraphs of Article 65 the high contracting parties will, by the most rapid procedure, restore the owners to the possession of their property, rights and interests free from any burdens or encumbrances with which such property, rights and interests may have been charged without the consent of the said owners. It will be the duty of the government of the Power effecting the restitution to provide for the compensation of third parties who may have acquired the property directly or indirectly from the said government and who may be injured by this restitution. Disputes which may arise in connection with such compensation shall be dealt with by the ordinary courts.

In all other cases it will be open to any third parties who may be injured to take action against whoever is responsible, in order to obtain compensation.

In order to give effect to these provisions all acts of transfer or other exceptional war measures, which the high contracting parties may have carried out in respect of enemy property, rights and interests, shall be immediately cancelled and stayed when liquidation has not yet been completed. Owners who make claims shall be satisfied by the immediate restitution of their property, rights and interests as soon as these shall have been identified.

When at the date of the signature of the present treaty the property, rights and interests the restitution of which is provided for in Article 65 have been liquidated by the authorities of one of the high contracting parties, that party shall be discharged from the obligation to restore the said property, rights and interests by payment of the proceeds of the liquidation to the owner. If, on application being made by the owner, the mixed arbitral tribunal provided for by Section V finds that the liquidation was not effected in such conditions as to ensure the realization of a fair price, it will have the power, in default of agreement between the parties, to order the addition to the proceeds of the liquidation of such amount as it shall consider equitable. The said property, rights and interests shall be restored if the payment is not made within two months from the agreement with the owner or from the decision of the mixed arbitral tribunal mentioned above.

ARTICLE 67

Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and Turkey on the other hand undertake mutually to facilitate both by appropriate administrative measures and by the delivery of all documents relating thereto the search on their territory for, and the restitution of, movable property of every kind taken away, seized or sequestrated by their armies or administrations in the territory of Turkey, or in the territory of Greece, Roumania or the Serb-Croat-Slovene State respectively, which are actually within the territories in question.

Such search and restitution will take place also as regards property of the nature referred to above seized or sequestrated by German, Austro-Hungarian or Bulgarian armies or administrations in the territory of Greece, Roumania or the Serb-Croat-Slovene State, which has been assigned to Turkey or to her nationals, as well as to property seized or sequestrated by the Greek, Roumanian or Serbian armies in Turkish territory, which has been assigned to Greece, Roumania or the Serb-Croat-Slovene State or to their nationals.

Applications relating to such search and restitution must be made within six months from the coming into force of the present treaty.

ARTICLE 68

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

ARTICLE 69

No charge, tax or surtax to which, by virtue of the privileges which they enjoyed on the 1st August, 1914, Allied nationals and their property were not subject, shall be collected from Allied subjects or their property in respect of the financial years earlier than the financial year 1922-23.

If any sums have been collected after the 15th May, 1923, in respect of financial years earlier than the financial year 1922-1923, the amount shall be refunded to the persons concerned, as soon as the present treaty comes into force.

No claim for repayment shall be made as regards sums encashed before the 15th May, 1923.

ARTICLE 70

Claims based on Articles 65, 66 and 69 must be lodged with the competent authorities within six months, and, in default of agreement, with the mixed arbitral tribunal within twelve months, from the coming into force of the present treaty.

ARTICLE 71

The British Empire, France, Italy, Roumania and the Serb-Croat-Slovene State or their nationals having begun claims or suits with regard to their property, rights and interests against the Ottoman Government before the 29th October, 1914, the provisions of this section will not prejudice such claims or suits. Claims or suits begun against the British, French, Italian, Roumanian or Serb-Croat-Slovene Governments by the Ottoman Government or its nationals will similarly not be prejudiced. These claims or suits will be continued against the Turkish Government and against the other governments mentioned in this article under the conditions existing before the 29th October, 1914, due regard being had to the abolition of the capitulations.

ARTICLE 72

In the territories which remain Turkish by virtue of the present treaty, property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals, which before the coming into force of the present treaty have been seized or occupied by the Allied Governments, shall remain in the possession of these governments until the conclusion of arrangements between them and the German, Austrian, Hungarian and Bulgarian Governments or their nationals who are concerned. If the abovementioned property, rights and interests have been liquidated, such liquidation is confirmed.

In the territories detached from Turkey under the present treaty, the governments exercising authority there shall have power, within one year from the coming into force of the present treaty, to liquidate the property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals.

The proceeds of liquidations, whether they have already been carried out or not, shall be paid to the Reparation Commission established by the treaty of peace concluded with the states concerned, if the property liquidated belongs to the German, Austrian, Hungarian or Bulgarian State. In the case of liquidation of private property, the proceeds of liquidation shall be paid to the owners direct.

The provisions of this article do not apply to Ottoman limited companies. The Turkish Government shall be in no way responsible for the measures referred to in the present article.

SECTION II. - CONTRACTS AND PRESCRIPTIONS

ARTICLE 73

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

(a) Contracts for the sale of real property, even if all formalities may not have been concluded, provided that delivery did in fact take place before the date on which the parties became enemies as defined in Article 82.

(b) Leases and agreements for leases of land and houses entered into between individuals.

(c) Contracts between individuals regarding the exploitation of mines, forests or agricultural estates.

(d) Contracts of mortgage, pledge or lien.

(e) Contracts constituting companies, excepting sociétés en nom collectif which do not constitute, under the law to which they are subject, an entity separate from that of the persons of which they are composed (partnerships).

(f) Contracts, whatever may be their purpose, concluded between individuals or companies and the state, provinces, municipalities or other similar juridical persons charged with administrative functions.

(g) Contracts relating to family status.

(h) Contracts relating to gifts or bounties of any kind whatever.

This article cannot be invoked in order to give to contracts a validity different from that which they had in themselves when they were concluded. It does not apply to concessionary contracts.

ARTICLE 74

Insurance contracts governed by the provisions of the annex to this section.

ARTICLE 75

Contracts other than those specified in Articles 73 and 74 and other than concessionary contracts, which were entered into between persons who subsequently became enemies, shall be considered as having been annulled as from the date on which the parties became enemies.

Nevertheless, either of the parties to the contract shall have power, within three months from the coming into force of the present treaty, to require the execution of the contract, on condition of paying, where the circumstances demand it, to the other party compensation calculated according to the difference between the conditions prevailing at the time when the contract was concluded and those prevailing at the time when its maintenance is required. In default of agreement between the parties, this compensation shall be fixed by the mixed arbitral tribunal.

ARTICLE 76

The validity of all compromises entered into before the coming into force of the present treaty between nationals of the contracting Powers, parties to contracts specified in Articles 73 to 75, particularly those providing for the cancellation, the maintenance, the methods of execution, or the modification of such contracts, including agreements relating to the currency of payment or the rate of exchange, is confirmed.

ARTICLE 77

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

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