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PART IX.-ECONOMIC CLAUSES.

Section I-Commercial Relations.

261. The capitulatory régime 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 the 1st August, 1914, and shall be extended to the Allied Powers which did not enjoy the benefit thereof on that date.

262. The Allied Powers who had post offices in the former Turkish Empire before the 1st August, 1914, will be entitled to re-establish post offices in Turkey.

263. The Convention of the 25th April, 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.

264. Subject to any rights and exemptions resulting from concession contracts made before the 1st August, 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.

265. In the case of vessels of the Allied Powers, all classes

Vol. C, page 575.

of certificates or documents relating to the vessels 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.

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.

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.

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.*

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 the 14th March, 1884, of the 1st December, 1886, and of the 23rd March, 1887, and Final. Protocol of the 7th July, 1887, regarding the protection of submarine cables.

(2.). Convention of the 5th July, 1890, regarding the publication of Customs tariffs and the organisation of an International Union for the publication of Customs tariffs.

(3.) Arrangement of the 9th December, 1907, regarding the creation of an International Office of Public Hygiene at Paris.

(4.) Convention of the 7th June, 1905, regarding the creation of an International Agricultural Institute at Rome. (5.) Convention of the 27th June, 1855, relating to the Turkish Loan.

(6.) Convention of the 16th July, 1863, for the redemption of the toll dues on the Scheldt.

(7.) Convention of the 29th October, 1888, regarding the establishment of a definite arrangement guaranteeing the free use of the Suez Canal.

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 the 4th July, 1891.

Conventions and Agreements of the Postal Union signed at Washington on the 15th June, 1897.

Conventions and Agreements of the Postal Union signed at Rome on the 26th May, 1906.

Telegraphic Conventions:

International Telegraphic Conventions

St. Petersburg on the 10th/22nd July, 1875.

signed at

* References to most of the Treaties mentioned in this Section are given as footnotes to the Treaties mentioned in Section II of Part X of the Treaty

of Peace with Hungary, see pages 574–579.

+ Vol. C, page 466.

Vol. XLV, page 18.

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Regulations and Tariffs drawn up by the International Telegraphic Conference, Lisbon, the 11th June, 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.

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 the 5th July, 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 the 5th July, 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.

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 the 20th March, 1883, for the protection of industrial property, revised at Washington on the 2nd June, 1911, and the International Convention of Berne of the 9th September, 1886, for the protection of literary and artistic works, revised at Berlin on the 13th November, 1908, and the Additional Protocol of Berne of the 20th March, 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 the 1st August, 1914, and upon the same conditions.

273. Turkey undertakes to adhere to the Conventions and Arrangements hereinafter mentioned, or to ratify them:

(1.) Convention of the 11th October, 1909, regarding the international circulation of motor cars.

(2.) Agreement of the 15th May, 1886, regarding the sealing of railway trucks subject to Customs inspection, and Protocol of the 18th May, 1907.

(3.) Convention of the 31st December, 1913, regarding the unification of commercial statistics.

(4.) Convention of the 23rd September, 1910, respecting the unification of certain regulations regarding collisions and salvage at, sea.

(5.) Convention of the 21st December, 1904, regarding the exemption of hospital ships from dues and charges in ports.

(6.) Conventions of the 18th May, 1904, and of the 4th May, 1910, regarding the suppression of the White Slave Traffic.

(7.) Convention of the 4th May, 1910, regarding the suppression of obscene publications.

(8.) Sanitary Conventions of the 30th January, 1892, the 15th April, 1893, the 3rd April, 1894, the 19th March, 1897, and the 3rd December, 1903.

(9.) Convention of the 29th November, 1906, regarding the unification of pharmacopoeial formulæ for potent drugs.

(10.) Conventions of the 3rd November, 1881, and the 15th April, 1889, regarding precautionary measures against phylloxera.

(11.) Convention of the 19th March, 1902, regarding the protection of birds useful to agriculture.

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.

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