Papers Relating to the Foreign Relations of the United States, 1923, Volume II

711.672/254½

The Minister in Switzerland (Grew) to the Secretary of State

Berne, January 29, 1924.
[Received February 18, 1924.]

No. 1354

Sir: With reference to my despatch No. 1270 of November 29, 1923,³¹ and other correspondence relating to the printed texts of the General Treaty and the Treaty of Extradition signed between the United States and Turkey on August 6, 1923 at Lausanne, I have the honor to transmit herewith to the Department the following texts of the treaties received yesterday from the High Commission in Constantinople:

English Texts

general treaty

1. Copy with the United States mentioned first, signed and sealed by both the American and Turkish plenipotentiaries.

2. Copy with the United States mentioned first, with signatures printed.

extradition treaty

3. Copy with the United States mentioned first, signed and sealed by both the American and Turkish plenipotentiaries.

4. Copy with the United States mentioned first, with signatures printed.

Turkish Texts

general treaty

5. Copy with the United States mentioned first, signed and sealed by both the American and Turkish plenipotentiaries.

6. Copy with the United States mentioned first, with signatures printed, in duplicate.

extradition treaty

7. Copy with the United States mentioned first, signed and sealed by both the American and Turkish plenipotentiaries.

8. Copy with the United States mentioned first, with signatures printed, in duplicate.

I have also signed and sealed the Turkish texts in which Turkey is mentioned first and shall return them to the High Commission by the first available courier.

Admiral Bristol in a letter to me of January 23, 1924, states that the English text was carefully reconciled with the Turkish text before the Turkish text was printed, and that after receiving the present treaties from Angora in English and Turkish, duly signed, they were again reconciled, the translations in both cases being checked up by Mr. Lewis Heck and Mr. Fred Goodsell. Admiral Bristol adds that when the translation from English into Turkish was first examined, some glaring errors were found. He believes that the Turkish translation is such that there will not be mistakes in these treaties as have occurred in the past in treaties between the United States and Turkey, due to errors in translation. He states further that Mr. Heck and Mr. Goodsell were very obliging in doing this work.

I have [etc.]

Joseph C. Grew

[Enclosure 1]

General Treaty between the United States of America and Turkey, Signed at Lausanne, August 6, 1923

The United States of America

and

Turkey

equally animated by a desire to regulate the conditions of intercourse and residence of their nationals on their respective territories and to re-establish their consular and commercial relations in accordance with the principles of international law and on the basis of complete reciprocity, have resolved to conclude a treaty to this end and have named as their plenipotentiaries, to wit:

• The President of the United States of America,
• Joseph C. Grew, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Swiss Confederation;
• The Government of the Grand National Assembly of Turkey,
• Ismet Pasha, Minister of Foreign Affairs of the Government of the Grand National Assembly of Turkey, Deputy of Adrianople in the said Assembly;
• Doctor Riza Nour Bey, Minister of Sanitary Affairs and of Social Welfare of the Government of the Grand National Assembly of Turkey, Deputy of Sinope in the said Assembly; and
• Hassan Bey, former Minister of National Economy of the Government of the Grand National Assembly of Turkey, Deputy of Trebizond in the said Assembly;

Who, after having exhibited their full powers, found to be in good and due form, have agreed upon the following provisions:

Article I

Each of the High Contracting Parties agrees to receive within its territory the diplomatic officers of the other Party. They shall be accorded, on condition of reciprocity, treatment as favorable as that which is or shall be accorded to the diplomatic officers of any other country, in conformity with the principles of international law.

Article II

The High Contracting Parties declare the Capitulations concerning the regime of foreigners in Turkey, completely abrogated, both as regards conditions of entry and residence and as regards fiscal and judicial questions, together with the economic and financial system resulting from the Capitulations.

Article III

The nationals of each of the High Contracting Parties shall have complete liberty to enter and establish themselves in the territory of the other Party and may accordingly come, go, and reside therein upon complying with the laws and regulations in force in the country.

They shall, under the conditions imposed upon nationals of the country, enjoy the most constant protection and security for their property and their persons in accordance with generally recognized international law.

They may, in conformity with the laws and regulations in force, engage without hindrance in every kind of profession, industry or commerce not forbidden by the local laws to all foreigners.

They shall, in conformity with the provisions of law in force in the country, on an equal footing with the nationals thereof, have the right to acquire, possess and dispose of all kinds of movable property. As regards the acquisition, possession, and disposition of immovable property the nationals of each of the High Contracting Parties shall enjoy in the territory of the other, subject to reciprocity, the treatment generally accorded to foreigners by the laws of the place where the property is situated; accordingly, they may own, lease, and construct buildings and appurtenances for residential purposes or for any other purpose permitted by the present Treaty. They may also employ agents of their choice and do anything incidental to or necessary for the enjoyment of the rights above mentioned.

Upon complying with the local laws and regulations, they shall enjoy complete liberty of conscience and worship and shall have free access to the courts of justice of the country, as well for the prosecution as for the defense of their rights, in all the degrees of jurisdiction established by the law.

Moreover, they shall not be deprived of their property without due process of law nor without payment of just indemnity.

Article IV

Limited liability companies or other commercial, industrial, or financial companies and associations (including transportation and insurance companies) organized under the laws of the United States or of Turkey, in their respective territories, and having their central offices in the country of their organization, shall be recognized by the other country, provided that they pursue no aims contrary to the laws of that country. They shall be entitled to the same protection and the same security accorded by Article III to the nationals of each of the High Contracting Parties in the territory of the other Party. Upon complying with the applicable laws, they shall enjoy free access to the courts of justice, as well for the prosecution as for the defense of their rights and in all the degrees of jurisdiction established by the law.

The companies and associations above mentioned shall, in conformity with the provisions of law in force in the country, have the right to acquire, possess, and dispose of every kind of movable property. As regards the acquisition, possession, and disposition of immovable property, as well as the right to engage in the various kinds of commerce and industry, the above mentioned companies and associations, nationals of each of the High Contracting Parties, shall enjoy in the territory of the other Party, upon condition of reciprocity, the treatment generally accorded by the local laws to similar foreign companies. It is understood that the companies and associations in question shall be able freely to carry on their activities subject to the observance of the regulations of public order.

Article V

Domiciliary visits and searches in dwellings, warehouses, factories, stores and other buildings occupied by the nationals, companies or associations referred to in Articles III and IV, of each of the High Contracting Parties within the territory of the other Party, as well as the examination or inspection of books, papers or accounts in such buildings or premises, may be effected only under the conditions and in accordance with the forms prescribed by the laws, regulations and ordinances in respect to the nationals of the country.

Article VI

The nationals of each of the High Contracting Parties shall, in the territory of the other Party, be exempt from compulsory military service, on land or sea, and from any contribution in lieu of military service.

No forced loan or other exceptional levy upon property shall be imposed even in case of war, on the nationals of either of the High Contracting Parties, established or carrying on their activities in the territory of the other Party nor on their property, rights and interests situated in the territory of that Party, nor on companies, subsidiaries, branches or agencies organized under the laws of one of the High Contracting Parties and established or carrying on their activities in the territory of the other Party.

Article VII

In all that pertains to the imposition and collection of taxes, imposts and charges of any kind and to the exemption from such taxes, imposts and charges the nationals of each of the High Contracting Parties residing or being within the territory of the other Party, shall be accorded the same treatment as nationals of the country.

As regards the imposition and collection of taxes, imposts, and charges of any kind and the exemption from such taxes, imposts, and charges, the companies or associations mentioned in Article IV, having their central offices in the territory of one of the High Contracting Parties and carrying on their activities in the territory of the other Party, shall, upon condition of reciprocity, enjoy the same treatment as any similar foreign company or association.

It is nevertheless understood that the provisions of this Article cannot be made the basis for demanding the benefit of the exemption from charges which is accorded to establishments founded by the State or to concessionaries of a public service.

Article VIII

In matters of personal status and family law (including all questions concerning marriage, matrimonial regimes, divorce, judicial separation, dowry, paternity, filiation, adoption, personal capacity, majority, guardianship, trusteeship, and interdiction) and in respect to the law of testamentary or intestate succession to movable property and the distribution and liquidation thereof, the non-Mussulman nationals of the United States in Turkey shall be subject exclusively to the jurisdiction of the national tribunals or other national authorities of the United States or of the competent State, territory or possession thereof sitting outside Turkey.

The present provision does not prejudice the special attributions of Consuls in matters of civil status under international law or the special agreements which may be made, nor does it prejudice the right of the Turkish tribunals to require and receive evidence in regard to questions above recognized as being within the competence of the national tribunals or other national authorities of the interested parties.

By way of exception to the first paragraph, the Turkish tribunals may also be competent in the questions indicated in the said paragraph, if all the interested parties submit in writing to the jurisdiction of these tribunals, which shall decide in accordance with the national law of the parties.

All questions of judicial competence shall, under reserve of the above provisions, be regulated in accordance with the principles of international law.

Article IX

Between the territories of the High Contracting Parties there shall be freedom of commerce and navigation. The nationals of each of the High Contracting Parties, equally with those of the most favored nation, may freely come with their vessels and cargoes to all places, ports and waters within the territorial limits of the Other Party which are open to foreign commerce and navigation. No provision of the present Treaty shall be interpreted as restricting the right of either of the High Contracting Parties to impose, under the conditions which it shall deem fit, prohibitions or restrictions of a sanitary character designed to protect human, animal or plant life or regulations for the enforcement of police and revenue laws.

Merchant vessels or other privately owned vessels under the flag of either of the High Contracting Parties shall be permitted to discharge portions of their cargoes at any port open to foreign commerce in the territory of the other High Contracting Party and to proceed with the remaining portions of such cargoes to any other port of the same territory open to foreign commerce, without paying in such case other or higher tonnage dues or port charges than would be paid by national vessels in like circumstances; they shall be permitted to load in like manner at different ports in the course of the same voyage outward, it being understood, however, that the coastwise trade in the waters of the High Contracting Parties is not affected by the provisions of this Article nor by any other provision of the present Treaty, and is to be regulated according to the laws of each of the High Contracting Parties.

Article X

The commercial vessels and aircraft and the war vessels and aircraft of the United States of America shall enjoy complete liberty of navigation and passage in the Straits of the Dardanelles, the Sea of Marmora, and the Bosphorus, on a basis of equality with similar vessels and aircraft of the most favored foreign nation upon conforming to the rules relative to such navigation and passage established by the Straits Convention signed at Lausanne, July 24, 1923.³³

Article XI

No other or higher duties shall be imposed upon the importation into the territories of either of the High Contracting Parties of any article originating in and proceeding from the territory of the other Party, and being of the produce or manufacture of that territory, than are or shall be in the future imposed upon like articles of the most favored nation. Likewise, no other or higher duty shall be imposed in the territory of one of the High Contracting Parties upon the exportation of any article to the territory of the other Party than is or shall in the future be imposed upon the exportation of like articles to any other foreign country. Nor shall the importation or exportation to or from the territory of either of the High Contracting Parties of any article originating in and proceeding from the territory of the other Party, and being of the produce or manufacture of that territory, be subjected to any prohibition, restriction or condition which shall not equally apply to the like articles of the most favored nation.

With respect to the amount and collection of duties on imports and exports of every kind, each of the High Contracting Parties binds itself to give to the vessels and goods of the other Party the advantage of all favors and facilities which are or shall be accorded to the vessels and goods of any third State and regardless of whether such favors and facilities are accorded to the State in question gratuitously or in return for reciprocal compensatory treatment. Every such favor and facility which shall hereafter be granted by one of the High Contracting Parties to the vessels or goods of any third State, shall, simultaneously and unconditionally, without request or compensation, be extended to the vessels and goods of the other Party.

The provisions of the present Article do not extend to the treatment which is accorded by the United States of America to the commerce of Cuba under the provisions of the Commercial Convention concluded by the United States of America and Cuba on December 11, 1902,³⁴ or which shall be accorded under the provisions of any other commercial convention which may hereafter be concluded by the United States of America and Cuba, or to the commerce of the United States of America with any of its dependencies or with the Panama Canal Zone under existing or future laws.

The provisions of the present Article in like manner do not extend to the special advantages and favors in the matter of the customs tariff, or generally in any other commercial matter, existing, or to be established in the future, between Turkey and the countries detached from the Ottoman Empire following the war of 1914, nor to frontier traffic with a state contiguous to Turkey.

Article XII

With respect to the imposition and collection of consumption or excise taxes and octroi or any other taxes collected by local authorities, merchandise originating in and proceeding from the territory of one of the High Contracting Parties shall, upon condition of reciprocity, be accorded, in the territory of the other Party, treatment as favorable as that which is or may be accorded to identical or similar merchandise of the nation most favored in this respect.

Article XIII

Merchandise originating in and proceeding from the territory of either of the High Contracting Parties, and being of the produce or manufacture of such territory, shall receive, in the territory of the other Party, with respect to transit duties, charges in regard to warehousing and other facilities, and the amount of drawbacks the same treatment as merchandise of the most favored nation.

Article XIV

No tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duty of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, associations or establishments of any kind shall be imposed in the ports of the territories of one of the countries upon the vessels of the other country, which shall not equally, under the same conditions, be imposed on national vessels. Such equality of treatment shall apply reciprocally to the vessels of both countries, respectively, from whatever place they may arrive and whatever may be their destination.

Article XV

Merchant vessels and other privately owned vessels under the flag of either of the High Contracting Parties, and carrying the papers required by its laws in proof of nationality, shall, both within the territorial waters of the other and on the high seas, be deemed to be vessels of the Party whose flag is flown.

Article XVI

The nationals of each of the High Contracting Parties shall, upon the fulfillment of the formalities prescribed by local law, enjoy in the territory of the other Party the same protection as nationals of the most favored nation in regard to patents, designs, trademarks, trade names, models and working patterns.

Article XVII

Each of the High Contracting Parties agrees to admit in all ports, cities and places within its territory, consular officers (consuls-general, consuls, vice-consuls and other consular officers) of the other Party, except in the localities in which it may be inconvenient to admit such officers. This exception shall not, however, be applied to one of the High Contracting Parties unless it is also applied to every other Power.

In case a consular officer is not a national of the Party by which he is appointed, the consent of the other Party must be obtained through diplomatic channels before his appointment.

Article XVIII

Consular officers of each of the High Contracting Parties shall enjoy, reciprocally, in the territory of the other Party, all rights, privileges, exemptions and immunities which are or shall be enjoyed by officers of the same grade of the most favored nation.

Such consular officers shall be entitled, in the country which receives them, to the high consideration of all officials with whom they have official intercourse.

The Government of each of the High Contracting Parties shall furnish the necessary exequatur free of charge to such consular officers of the other Party as present a regular commission signed by the Chief Executive of the appointing country and under its great seal, and shall likewise issue to any subordinate or substitute consular officer duly appointed by a superior consular officer with the approval of his Government or by any other competent officer of that Government, such documents as, according to the local laws, shall be requisite for the exercise of his consular functions. On the presentation of an exequatur or other document issued in lieu thereof, such consular officers and subordinate or substitute officers may enter upon their duties and enjoy the rights, privileges and immunities granted by the present Treaty.

It is understood that each of the High Contracting Parties reserves the right, for substantial reasons which it alone shall be entitled to judge, to refuse or withdraw an exequatur or other document issued in lieu thereof.

Upon the death, incapacity, or absence of a consular officer having no subordinate consular officer at his post, secretaries or chancellors may temporarily exercise the consular functions, provided that their official character has previously been made known to the Government of the country. Such persons, while temporarily exercising the consular functions, shall enjoy all the rights, prerogatives and immunities granted to the incumbent; provided, however, that if they are not nationals of the country by which they are appointed, they shall enjoy the said rights, prerogatives and immunities only to the extent necessary for the exercise of the consular functions.

Article XIX

Consular officers may place over the outer door of their respective offices the arms of their country with an appropriate inscription designating the official character of the said offices. Such officers may also hoist the national flag on their offices, including those situated in the capitals of the two countries. They may likewise hoist such flag over any boat employed in the exercise of the consular functions.

The consular offices, chancelleries and archives shall at all times be inviolable. The said offices and chancelleries shall, under no circumstances, be subjected to invasion by any authorities of the country in which they are situated. Nor may the papers or other objects therein be examined or seized by such authorities under any pretext. The consular offices and chancelleries shall in no case be used as places of asylum. No consular officer shall be obliged to produce official archives in court or to testify regarding their contents.

If a consular officer is engaged in occupations other than the consular functions, the papers relating to such occupations shall be kept separate.

Article XX

Consular officers, nationals of the country by which they are appointed, may not be subjected to preventive arrest, except when charged with the commission of offenses designated as crimes and punishable as such under the local law.

The attendance of a consular officer as a witness may be requested, in criminal cases, by the judicial authorities, the prosecution or the defense. Such attendance shall be requested with all possible regard due the consular dignity and the duties of the office. The consular officer shall comply with the request.

Consular officers shall, under the same conditions as nationals of the country by which they are appointed, be subject in civil matters to the jurisdiction of the courts in the country which receives them.

In cases other than those mentioned in paragraph 2, a consular officer who is a national of the country by which he is appointed, and who is engaged in no private occupation for gain, shall voluntarily give his testimony in the course of judicial proceedings whenever it is possible for him to do so without seriously interfering with his official duties. However, he shall have the privilege of giving his testimony orally or in writing at his residence or office and with due regard for the consular dignity.

Article XXI

Consular officers, nationals of the country by which they are appointed, shall be exempt from military billetings and from any service whatsoever of military, naval, administrative or police character.

Consular officers and employees in a consulate, nationals of the country by which they are appointed and not engaged in private occupations for gain within the country where they exercise their functions, shall be exempt from all direct taxes (national, state, provincial or municipal) levied upon person or property, except taxes levied on account of the possession or ownership of immovable property situated in the territory of the country within which they exercise their functions, or on the income derived from property of any kind situated or deemed to be situated in that country. Consular officers and employees, nationals of the country by which they are appointed, shall be exempt from the payment of taxes on the salary, fees or wages received in compensation for their consular services.

Lands and buildings which are situated in the territory of either High Contracting Party and which belong to the other Party and are used exclusively for diplomatic and consular purposes, shall be exempt from taxation of every kind (national, state, provincial or municipal) other than assessments levied for services or local public improvements.

Article XXII

Each of the High Contracting Parties agrees to permit the entry free of duty of all furniture, equipment and supplies intended for official use in the consular offices of the other Party, and to extend to those consular officers who are nationals of the country by which they are appointed, and to their families and to those members of their suites who are also its nationals, the privilege of entry free of duty of their baggage and all other personal property of the first installation; provided, however, that no article the importation of which is prohibited by the law of either of the High Contracting Parties may be brought into its territory.

It is understood that the privilege of free entry shall not be extended to consular officers who are engaged in private occupations for gain in the country to which they are appointed.

Article XXIII

Consular officers may, within their respective consular districts, address the national, state, provincial, or municipal authorities, competent to receive such representations, for the purpose of assuring the rights accruing, by treaty or otherwise, to nationals of the country by which such officers are appointed. They may make complaint in case of the infraction of those rights.

If the competent authorities do not respond satisfactorily to their requests, recourse to the diplomatic channel may be justified.

Article XXIV

Consular officers may, in conformity with the laws of the country by which they are appointed, receive, within their respective districts, the voluntary depositions of nationals of their country as well as the voluntary depositions of the captain, the crew and the passengers of a vessel of that country.

They may, without prejudice to the competence of the local notarial officers, draw up, attest, certify and authenticate the contracts to which a national of their country is a party and which are to be presented for any use in a country other than that in which such officers exercise their functions.

Consular officers may also authenticate the signatures which the nationals of their country have affixed to contracts made with the nationals of a third Power.

Consular officers may likewise draw up, attest, certify and authenticate the testamentary dispositions of nationals of their country; provided, however, that such dispositions do not relate to immovable property situated in the territory of the country in which they exercise their functions.

Moreover, they may draw up, attest, certify and authenticate written instruments of any kind which have for their object the conveyance or encumbrance of property of any kind within the territory of the country by which such consular officers are appointed, as well as unilateral acts, deeds, testamentary dispositions and contracts relative to property situated or business transactions conducted in the territory of the country by which they were appointed; including unilateral acts, deeds, testamentary dispositions or agreements relating to the above mentioned property or business transactions and executed solely by nationals of the country in which such officers exercise their functions.

Instruments and documents thus executed and copies or translations thereof, when duly authenticated by a consular officer under his official seal, shall be received as evidence in the territories of the High Contracting Parties, as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if drawn up and attested by a notary or other public officer duly authorized in the country by which the consular officer is appointed; provided, always, that such documents shall have been drawn up and attested in conformity to the laws and regulations of the country where they are designed to take effect.

Article XXV

In case of the death of a national of one of the High Contracting Parties in the territory of the other Party, without having in that territory any known heirs or any testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the country of which the deceased was a national, in order that the necessary information may be transmitted to the parties interested.

In case of the death of a national of one of the High Contracting Parties, without will or testament, in the territory of the other Party, the consular officer of the country of which the deceased was a national and within whose district he resided at the time of his death, shall, in so far as the laws of the country permit and pending the appointment of an administrator and the granting of letters of administration, be qualified to take charge of the property of the deceased for the purpose of conserving and protecting the said property. Such consular officer may, if the local laws permit, be appointed administrator by the competent tribunal or other authority competent in matters of succession.

A consular officer who accepts the office of administrator of the estate of a deceased national, is subject to the jurisdiction of the tribunal or other authority making the appointment, for all necessary purposes, to the same extent as a national of the country in which he administers the estate.

Article XXVI

Consular officers shall have exclusive cognizance of controversies relating to the internal order of merchant vessels and other private vessels under the flag of their country and they alone shall be competent to take cognizance of cases, wherever arising, between officers and crew concerning discipline on board, provided the vessel and the persons implicated in such cases have entered a port within their district. Such officers shall also, if the local laws permit, be competent to take cognizance of controversies concerning the adjustment of the wages of the crew and the execution of contracts relating thereto.

When an act committed on board a merchant vessel or other private vessel flying the flag of the country by which the consular officer is appointed and being within the territorial waters of the country in which he exercises his functions, is, according to local laws, defined as a crime and punishable as such, the consular officer may concern himself with the case only in so far as the local laws permit.

It is understood that except in the cases referred to in the preceding paragraph, the local authorities shall intervene only when the disorder that has arisen on board ship is of such a nature as to disturb tranquility and public order, on shore or in the port, or when a person of the country or not belonging to the crew shall be concerned therein.

Consular officers may, within the territorial waters of the country in which they exercise their functions, freely invoke the assistance of the local police authorities in any matter pertaining to the maintenance of internal order on board a vessel under the flag of the country by which they were appointed, and upon their request the necessary assistance shall be given them.

Consular officers may appear with the officers and crews of vessels under the flag of the country by which they are appointed, before the judicial authorities of the country in which they exercise their functions, to render assistance as interpreters or agents.

Article XXVII

If a vessel of one of the High Contracting Parties is wrecked off the coasts of the other Party, the consular officer of the country the flag of which such vessel flies and within whose consular district the wreck may have occurred, shall direct the operations of salvage. Pending the arrival of such consular officer, who shall immediately be informed of the occurrence, the local authorities shall take all necessary measures for the protection of persons and the conservation of wrecked property. They shall interfere only to protect the interests of the salvors who do not belong to the crew of the wrecked vessel and to assure the execution of the dispositions to be observed for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any customs charges, unless it be intended for consumption in the country where the wreck may have taken place.

The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the conservation of the merchandise saved, and such as would be incurred in similar circumstances by national vessels.

Article XXVIII

The territories of the High Contracting Parties to which the provisions of the present Treaty extend, include all areas of land, water and air over which the Parties exercise their sovereign authority, except the Panama Canal Zone.

Article XXIX

American nationals and their property shall be exempt from the payment, on account of fiscal years prior to the fiscal year 1922–1923, of any impost, tax or surtax to which, in virtue of the status which they enjoyed on August 1, 1914, they were not subject.

In case sums have been collected after May 15, 1923, on account of fiscal years prior to the fiscal year 1922–1923, the amount thereof shall be reimbursed to those entitled, on the coming into force of the present Treaty.

There shall be no recourse as regards the sums collected prior to May 15, 1923.

Article XXX

From the coming into force of the present Treaty the Treaties heretofore concluded between the United States of America and the Ottoman Empire shall absolutely and finally cease to be effective as between the High Contracting Parties.

The High Contracting Parties agree to replace the Treaty of Extradition of 1874 by the new Treaty of Extradition signed this day.

Article XXXI

The present Treaty shall come into force two months after the date of the exchange of ratifications. Articles I and II of this Treaty shall have a permanent duration. Articles III, IV, V, VI, VII and VIII shall have a duration of seven years. Articles IX to XXVII shall have a duration of five years.

Should neither of the High Contracting Parties have notified the other six months before the expiration of the respective periods above indicated of its intention to denounce the groups of Articles to which these periods apply, the said Articles will remain in force until the expiration of a period of six months from the moment at which they shall have been denounced.

Article XXXII

The present Treaty, in French, English and Turkish, shall be ratified. In case of divergence the French text shall prevail.

The ratifications shall be exchanged at Constantinople as soon as possible.

In Faith Whereof the Plenipotentiaries above named have signed the present Treaty and have thereto affixed their seals.

Done at Lausanne, August 6, 1923.

[seal]

Joseph C. Grew

.
[seal]

M. Ismet

[seal]

Dr. Riza Nour

[seal]

Hassan

[Enclosure 2]

Extradition Treaty between the United States of America and Turkey, Signed at Lausanne, August 6, 1923³⁵

The United States of America

and

Turkey,

having deemed it advantageous, with a view to assuring a better administration of justice, to surrender, reciprocally, under certain specified circumstances, persons sentenced or prosecuted for the crimes and offenses indicated hereinafter, have resolved to conclude a new Extradition Treaty and to that end have appointed as their Plenipotentiaries, to wit:

• The President of the United States of America,
• Joseph C. Grew, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Swiss Confederation;
• The Government of the Grand National Assembly of Turkey,
• Ismet Pasha, Minister of Foreign Affairs of the Government of the Grand National Assembly of Turkey, Deputy of Adrianople in the said Assembly;
• Doctor Riza Nour Bey, Minister of Sanitary Affairs and of Social Welfare of the Government of the Grand National Assembly of Turkey, Deputy of Sinope in the said Assembly; and
• Hassan Bey, former Minister of National Economy of the Government of the Grand National Assembly of Turkey, Deputy of Trebizond in the said Assembly;

Who, after having exhibited their full powers, found to be in good and due form, have agreed upon the following provisions:

Article I

The Government of the United States of America and the Government of the Grand National Assembly of Turkey agree upon requisition to deliver reciprocally persons who, being prosecuted or condemned by the judicial authorities of one of the High Contracting Parties for any of the crimes or offenses enumerated in Article II, committed in territory subject to the jurisdiction of such Party, may seek asylum or be found in the territory of the other Party. Nevertheless, the extradition shall take place only if the evidence of culpability is such that, according to the laws of the place where the fugitive or accused is found, it would justify his apprehension and warrant penal proceedings had the act been committed there.

Article II

Extradition shall be granted for the following crimes and offenses, provided they are punishable both under the laws of the place of refuge and under those of the State making the requisition, to wit:

1. —Wilful homicide, including parricide, assassination, poisoning and infanticide.

2. —Arson.

3. —Piracy; mutiny on board a vessel when the crew or a part thereof or other persons on board shall have taken possession of the vessel, by means of fraud or violence against the captain.

4. —The act of breaking into and entering a dwelling house in the night time with intent to commit therein a crime, the character of which shall be specified in the documents referred to in Article VI. (Crime of burglary.)

5. —The forgery or falsification of public or private documents; fraudulent use of forged or falsified documents.

6. —Counterfeiting, forgery or alteration of money (either coin or paper), public bonds and their coupons, bank-notes, debentures, or other documents or instruments of credit; the issuance, circulation or use thereof with fraudulent intent; forgery or counterfeiting of public seals, dies, stamps or marks, as well as the fraudulent use of such forged or counterfeited objects.

7. —Embezzlement of public funds by the depositaries of such funds or by public officers, when the funds embezzled exceed 200 dollars or the equivalent in Turkish money.

8. —Embezzlement by a person or persons employed or salaried, to the detriment of their employers, provided that such crime or offense is punishable by imprisonment or more severe penalty under the laws of both countries, and that the funds embezzled exceed 200 dollars or the equivalent in Turkish money.

9. —Wilful and unlawful destruction or obstruction of railroads, which endangers human life.

10. —Abortion; rape; violation; kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, for the purpose of exacting money from them or their families, or for any other unlawful end.

11. —Robbery; house-breaking or shop-breaking.

12. —Larceny, if the money or the value of the objects stolen exceeds 25 dollars or the equivalent in Turkish money.

13. —Swindling; receiving money, securities or other property, knowing the same to have been embezzled, stolen or fraudulently obtained; when the amount of money or the value of the property exceeds 200 dollars or the equivalent in Turkish money.

14. —Fraud or breach of trust by any person; notably, by a depositary, agent, banker, or trustee, or by the president, a member or any officer of a company or association, if the loss suffered exceeds 200 dollars or the equivalent in Turkish money.

15. —Perjury or subornation of perjury.

16. —Crimes or offenses against the laws of both countries relative to the suppression of slavery and the slave trade.

17. —Fraudulent bankruptcy.

18. —Bribery.

19. —Serious woundings the minimum punishment of which is not less than one year of imprisonment.

20. —Attempt to commit offenses mentioned above, when such attempt is punishable as a crime.

21. —Complicity in any of the above mentioned crimes or offenses provided such complicity is punishable by imprisonment or a more severe penalty by the laws of both the Contracting Parties.

Article III

Extradition shall not take place for political crimes or offenses nor for acts connected with such crimes or offenses.

The attack upon the life of the Head of a State or the members of his family shall not be deemed a political crime or offense.

No person surrendered by one of the High Contracting Parties to the other Party shall be prosecuted or punished for an offense committed before the demand of extradition other than that for which the extradition has been granted, unless such person expressly consents in writing, which shall be communicated to the Government of the Party which effected the extradition; or unless, having had during 30 days since his definitive release the opportunity of leaving the territory of the State which demanded his extradition, he has not availed himself of this opportunity; or finally, unless he returns to such territory after having left it.

Article IV

When the person whose extradition is demanded is under prosecution, whether in custody or out on bail, for another offense committed in the country in which he has sought asylum, or when he has been convicted of such offense, his extradition may be deferred until the penal proceedings be determined and until he shall have been definitely set at liberty in due course of law.

Article V

The High Contracting Parties shall not be bound to accord the extradition of their respective nationals.

Article VI

Demands for extradition shall be made through diplomatic channels.

When the person whose extradition is demanded shall have been sentenced for the offense which occasioned the demand for extradition, the demand must be accompanied by an authentic copy of the sentence pronounced. If the person claimed is merely charged with an offense, the demand must be accompanied by a duly certified copy of the warrant of arrest issued by the competent magistrate of the Party demanding the extradition, as well as by duly authenticated copies of the depositions or other evidence upon the basis of which the warrant was issued. These documents must contain the precise indication of the offense charged and of the place where and the time when it was committed. They must be accompanied by a duly certified copy of the provisions of law applicable to the offense charged as well as by the elements necessary to establish the identity of the person claimed.

The documents above indicated shall be drawn up in the form prescribed by the laws of the Party demanding the extradition and shall be accompanied by a translation, in the language of the Party from which the extradition is demanded or in French, certified to be in conformity with the original.

It is understood that the extradition procedure shall be governed by the regulations in force at the time of the demand in the State upon which the demand is made.

Article VII

When provisional arrest of a person is requested before the demand for extradition has been presented, the demand relating thereto shall be made through the diplomatic channel or addressed directly to the competent authorities of the Party on which it is made by the competent Consul of the Party making the demand or by another person duly authorized by such Party. The procedure to be followed for the arrest shall be governed by the regulations in force in the State on which the demand is made.

The provisional detention must cease and the person arrested must be set at liberty unless within three months, dating from the arrest, not including the day of the arrest, a formal demand for extradition, accompanied by the necessary documents, is presented in the manner prescribed in Article VI.

Article VIII

Extradition shall not be accorded when under the law of the Party on which demand is made or under that of the Party making the requisition the prosecution or the penalty imposed is barred by limitation.

Article IX

All articles seized which are in the possession of the person demanded, at the time of his arrest, shall, at the time of the extradition, be delivered up with his person to the Party making the demand; such delivery shall extend not only to articles acquired by means of the offense with which the accused is charged but also to all other articles that may serve to prove the offense. The rights of third parties with regard to the articles in question shall, however, be duly respected.

Article X

The expenses of the arrest, detention and transportation of the persons extradited shall be paid by the Party making the requisition.

Article XI

The present Treaty shall come into force two months after the date of the exchange of ratifications and shall remain in force for five years

If this Treaty is not denounced by one of the High Contracting Parties at least six months before the expiration of the said period of five years, it shall remain in force until it is denounced, such denunciation becoming effective only after the expiration of a period of six months.

Article XII

The present Treaty, in French, English and Turkish, shall be ratified. In case of divergence the French text shall prevail.

The ratifications shall be exchanged at Constantinople as soon as possible.

In Witness Whereof the above mentioned Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.

Done at Lausanne, August 6, 1923.

[seal]

Joseph C. Grew

.
[seal]

M. Ismet

[seal]

Dr. Riza Nour

[seal]

Hassan

31. Not printed.
33. Great Britain, Cmd. 1929, Treaty Series No. 16 (1923), p. 109.
34. Malloy, Treaties, 1776–1909, vol. i, p. 353.
35. Filed separately as Treaty Series No. 872.