711.672/127: Telegram
The Special Mission at Lausanne to the Secretary of State
[Received July 23—9:40 a.m.]
551. [Paraphrase.] We reported in our 550, July 22, that it was agreed with Ismet that today the American and Turkish experts should discuss a text for the article on claims. This afternoon the Turkish experts again stated that although on minorities, capitulations, the judicial declaration, and naturalization Ismet had given his final word, on claims and establishment articles they had authority to refer to Angora for final decision on provisional texts. The text of the article on claims as reported below was prepared by our experts and the Turkish experts offered no comment with regard to it. …
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[Page 1117]It came out very clearly in the final discussion between the experts today that in substance and form the Turks are prepared to grant to us all that they have granted to the Allies. It is evident from remarks which Ismet made yesterday that they will not grant any more. On the basis of the two foregoing sentences the Department can form an accurate idea of the character of a treaty which can be obtained at the present time. I rather think that Ismet will recommend that his Government accept the establishment article in its present form, but I am of the opinion that some further and important reservations with respect to claims may be expected. … [End paraphrase.]
Claims article. All claims of American citizens, companies, or associations arising from injuries, losses, or damages of any kind attributable to the Turkish Government shall, within six months from the coming into force of the present treaty, be registered with the competent Turkish authorities at Constantinople upon the application of the interested parties or of the Government of the United States, together with all available evidence concerning the nature, origin, and justification for the said claims.
Within a year from the coming into force of this treaty the claims registered as aforesaid shall be examined by two delegates, one chosen by the Government of the United States and the other by the Turkish Government, who shall meet at Constantinople and endeavor to arrive at an amicable arrangement, subject to the approval of the two Governments, for the final disposition of such claims as shall appear to the American delegate to deserve the support of his Government. Such claims, in default of any other arrangement and subject to the reserve indicated in the last paragraph of this article [shall] be submitted for final decision to a commission to be constituted within 15 months from the coming into force of this treaty in accordance with the provisions of part 4, chapter 4, of the convention of October 18, 1907,99 for the pacific settlement of international disputes. The decisions of the commission if any shall be in accordance with the principles of justice, the law of nations, and the stipulation of treaties in force at the time of injuries, losses, or damages in question were sustained.
It is understood that the claims of American citizens, companies, or associations to which the present article applies fall within the following categories: (here we insert categories in Department’s 239, July 14, 2 p.m.).
It is further understood that the commission provided for in this article shall not be competent to decide upon claims arising from [Page 1118] injuries, losses, or damages necessarily incident to operations of war or due to the acts or negligence of authorities of foreign governments occupying portions of Turkey.
Repeated to Constantinople.
- Malloy, Treaties, 1776–1909, vol. ii, p. 2220.↩