SUB-ANNEX II.

Counter-Proposals presented by Veli Bey on behalf of the Turkish Delegation on December 9, 1922.

THE Turkish delegation on the first sub-commission of the second commission have the honour to present, as follows, the modifications which they consider it necessary to introduce into the draft which. was communicated to them at the preceding meeting.

1. In the whole of Turkey nationals of the Allied Powers shall be received and treated both as regards their persons and their property in accordance with general international law. They shall enjoy in Turkey the most complete and constant protection for their persons, their property, rights and interests. They shall have freedom to enter and establish themselves in Turkey in accordance with the laws, decrees, ordinances and regulations relating thereto. They may accordingly go, come, and reside there without being subjected on this account to any impost, tax or charge whatsoever to which Turkish nationals would not be subjected.

Turkey reserves the right to regulate immigration.

2. In order to be able to invoke the provisions of article 1, the nationals of the Allied Powers must be furnished with a certificate or registration paper stating their nationality, which will be issued. to them by their respective Embassies, Legations, consulates or vice-consulates established in Turkey. Nevertheless, the abovementioned certificate and registration paper shall not constitute adequate proof of a nationality which may be contested.

3. The nationals of the Allied Powers. shall have the right in Turkey to acquire, possess and transfer all kinds of personal and real property; they shall be able, in particular, to dispose of it by sale, exchange, gift, testamentary disposition or in any other manner, or to enter into possession by way of inheritance according to the law, or under dispositions inter vivos or by will.

The right to acquire rural property shall be reserved to nationals. So long as they conform to the laws and regulations of the country they may engage in all forms of commerce, professions, industry and enterprise, except those reserved to the State or to Turkish nationals.

They shall not be subjected in any of these cases to any imposts, taxes, or charges whatever, other or more onerous than those to which the nationals of the most favoured nation are subjected.

4. The nationals of the Allied Powers shall not be subject in Turkey to the laws relating to military service; they shall be exempt from all such service and from every obligation or charge taking the place of such service.

With regard to forced loans, requisitions and all other monetary levies raised for warlike purposes, the nationals of the Allied Powers shall be subject to the same regulations as Turkish subjects.

Their property may not be expropriated or the use of it denied to them, even temporarily, except for reasons of public utility publicly recognised as such, and in return for fair compensation to be paid. in advance.

5. The nationals of the Allied Powers in Turkey who may be expelled under the order of a court, or for motives based on the internal or external safety of the Turkish State, or in accordance with the laws and regulations regarding the safeguarding of public morality, public health, or pauperism, shall be admitted at all times, together with their families, into the country of which they are nationals.

The transportation of the individuals expelled to their place of destination shall be effected by and at the expense of the Turkish Government in conditions complying with the requirements of health and humane treatment.

6. Commercial, industrial or financial corporations, including insurance corporations, constituted in the territory of any one of the Allied Powers or legally recognised therein, shall be recognised in Turkey, and their capacity and right to sue and be sued shall be determined by their national law; with regard to the conditions of their establishment, their operations and the exercise of rights. recognised by their national law, these corporations shall be subject to the provisions of Turkish law.

7. In all questions of personal status, that is to say matters relating to marriage and conjugal relations, paternity, affiliation, adoption, the capacity of individuals, majority, guardianship, trusteeship, interdiction, and, in general, the family law of the nationals of the Allied Powers, the national tribunals or other competent national authorities existing in the country to which these nationals belong shall have exclusive jurisdiction.

These provisions do not prevent the Turkish tribunals from deciding, in accordance with the national law of the parties, incidental questions connected with the matters contemplated in this paragraph.

In this case decisions relating to personal status shall only be binding on the parties to the suit and in respect of the subject matter of the suit.

With regard to personal property, all questions relating to inheritance or to legacies and concerning the right of succession or the division of estates shall be decided by the tribunals or other competent authorities existing in the territory of the country to which the deceased person belonged and in conformity with his national law.

In the matter of real estate questions relating to inheritance or to legacies and concerning the right of succession or the division of estates shall be decided exclusively by the tribunals or other competent authorities of the country in which the real estate is situated and in conformity with the laws of that country.

All the above-mentioned provisions shall be applied under the condition of reciprocity.

SUB-ANNEX III.

Questionnaire presented to the Turkish Delegation by the President. of the First Sub-Commission of the Commission on the Régime of Foreigners.

1. Does the Turkish delegation admit that the nationals of the Allied Powers should have free access to the Turkish courts and may sue and be sued in the same conditions in all respects as Turkish nationals, without being subjected to any security or deposit of any sort by reason of their nationality or the fact that they are not domiciled or resident in Turkey?

2. Would the Turkish delegation be prepared to agree to the adoption of a system comprising the introduction into the Turkish magistracy of an element composed of magistrates who would be recommended to the Turkish Government by an international authority, as, for example, the Permanent Court of International Justice, and whose task it would be, while forming part of the Turkish magistracy, to collaborate with their Turkish colleagues, on bases to be discussed, in all matters concerning Allied nationals?

3. Would the Turkish delegation agree to the special element in the Turkish magistracy mentioned in the preceding question having a definite part in the preparation of the schemes of reform which will be necessary in order to adapt Turkish law to the requirements of modern life?

December 13, 1922.

SUB-ANNEX IV.

Draft respecting Jurisdiction in Matters other than Personal Status presented by the Allied Delegation to the Turkish Delegation on December 14, 1922.

1. The nationals of the Allied Powers shall have free access to the Turkish courts and may sue and be sued under the same conditions in all respects as Turkish nationals, without being subjected to any security or deposit of any sort by reason of their nationality or the fact that they are not domiciled or resident in Turkey.

2. Real property actions arising in Turkey between nationals of the Allied Powers, or between the latter and Turkish nationals, and relating to immovable property situated in Turkey, shall be brought before the Turkish court in the locality where the property in question is situated.

3. Personal, civil or commercial actions arising in Turkey between nationals of the Allied Powers, or between the latter and Turkish nationals, and which, in accordance with the ordinary rules of international law, would be within the jurisdiction of the courts of the country, shall, in the absence of any stipulation between the parties to the contrary, be brought before the Turkish courts.

4. In criminal matters the nationals of the Allied Powers in Turkey shall be subject, in accordance with the ordinary rules of

international law, to Turkish jurisdiction in respect of all kinds of criminal offences committed by them in Turkey, but without prejudice to any rights of jurisdiction which the Allied Powers may have under their own law over their own nationals for criminal offences committed by the latter abroad.

5. The Turkish Government undertakes from the coming into force of the present treaty to engage magistrates to form part of the Turkish magistracy in adequate numbers in accordance with the succeeding provisions, who will be proposed by the Permanent Court of International Justice, and who will be attached to the courts of first instance of Constantinople, Smyrna and Brussa, and to the Court of Appeal and the Court of Cassation.

The conditions of engagement and the salaries of these magistrates shall be fixed by the Permanent Court of International Justice in agreement with the Turkish Government.

6. In the event of the Turkish tribunals being competent in any matter, the Turkish courts specified in article 5 will have exclusive jurisdiction, in first instance, over the suits specified in articles 2 and 3, as well as of prosecutions instituted in conformity with article 4, and, in general, over all matters concerning the nationals of the Allied Powers; the areas over which their jurisdiction extends shall be fixed accordingly.

When any of the tribunals and courts specified in article 5 has to deal with one of the said matters, whether by way of hearing or of preliminary investigation, a number of magistrates chosen from those mentioned in the said article 5, sufficient to ensure their composing the majority in the deliberations of the tribunal or the court, shall always sit as members of the court.

In all cases in which the tribunal or court is composed of several judges, a Turkish magistrate shall act as president.

7. The Turkish Government undertakes from the coming into force of the present treaty to form an advisory commission, on which those of the magistrates referred to in article 5, paragraph 1, who are assigned to the Court of Appeal or the Court of Cassation, will sit. It will be the duty of this commission to prepare all such schemes of reform as may be considered necessary in order to maintain Turkish law on a level with the conditions of modern life.

8. In the cities of Constantinople, Smyrna and Brussa, warrants for arrest and search warrants shall only be issued against nationals of the Allied Powers by the magistrates mentioned in article 6, paragraph 1, before whom the accused shall be brought without delay.

Nationals of the Allied Powers who have been arrested without a warrant flagrante delicto, or who have been arrested elsewhere than in the cities specified above under a warrant issued by a Turkish magistrate, shall always be entitled to demand to be brought without delay, and at the latest within forty-eight hours from the arrest, before one of the magistrates mentioned in article 5, paragraph 1, within whose jurisdiction the arrest was made. When this period has elapsed, release shall be obligatory.

9. All questions relating to the execution of judgments, service of judicial and extra-judicial documents, commissions rogatoires, orders for the payment of costs and expenses, free judicial assistance, and imprisonment for debt will be regulated between the Allied Powers and Turkey by special conventions to be concluded between the States concerned.

No. 31.

COMMISSION ON THE RÉGIME OF FOREIGNERS.

Minutes of the Third Meeting, January 6, 1923, at 4 P.M., under the presidency of Marquis Garroni.

* These minutes do not represent the signed versions of speeches other

than the British.