ARTICLE 42.

The Commission will exercise the powers conferred on it by the present Treaty in complete independence of the local authority. It will have its own flag, its own budget and its separate organisation.

ARTICLE 43.

Within the limits of its jurisdiction as laid down in Article 39 the Commission will be charged with the following duties:

(a) the execution of any works considered necessary for the improvement of the channels or the approaches to harbours: (b) the lighting and buoying of the channels;

(c) the control of pilotage and towage;

the control of anchorages;

(e) the control necessary to assure the application in the ports of Constantinople and Haidar Pasha of the régime prescribed in Articles 335 to 344, Part XI (Ports, Waterways and Railways) of the present Treaty;

the control of all matters relating to wrecks and salvage; (g) the control of lighterage.

ARTICLE 44.

In the event of the Commission finding that the liberty of passage is being interfered with, it will inform the representatives at Constantinople of the Allied Powers providing the occupying forces provided for in Article 178. These representatives will thereupon concert with the naval and military commanders of the said forces such measures as may be deemed necessary to preserve the freedom of the Straits. Similar action shall be taken by the said representatives in the event of any external action threatening the liberty of passage of the Straits.

ARTICLE 45.

For the purpose of the acquisition of any property or the execution of any permanent works which may be required, the Commission shall be entitled to raise such loans as it may consider necessary. These loans will be secured, so far as possible, on the dues to be levied on the shipping using the Straits, as provided in Article 53.

ARTICLE 46.

The functions previously exercised by the Constantinople Superior Council of Health and the Turkish Sanitary Administration which was directed by the said Council, and the functions exercised by the National Life-boat Service of the Bosphorus, will within the limits specified in Article 39 be discharged under the control of the Commission and in such manner as it may direct.

The Commission will co-operate in the execution of any common policy adopted by the League of Nations for preventing and combating disease.

47808-S. Doc. 7, 67-1-22

ARTICLE 47.

Subject to the general powers of control conferred upon the Commission, the rights of any persons or companies now holding concessions relating to lighthouses, docks, quays or similar matters shall be maintained; but the Commission shall be entitled if it thinks it necessary in the general interest to buy out or modify such rights upon the conditions laid down in Article 311, Part IX (Economic Clauses) of the present Treaty, or itself to take up a new concession.

ARTICLE 48.

In order to facilitate the execution of the duties with which it is entrusted by this Section, the Commission shall have power to organise such a force of special police as may be necessary. This force shall be drawn so far as possible from the native population of the zone of the Straits and islands referred to in Article 178, Part V (Military, Naval and Air Clauses), excluding the islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene. The said force shall be commanded by foreign police officers appointed by the Commission.

ARTICLE 49.

In the portion of the zone of the Straits, including the islands of the Sea of Marmora, which remains Turkish, and pending the coming into force of the reform of the Turkish judicial system provided for in Article 136, all infringements of the regulations and by-laws made by the Commission, committed by nationals of capitulatory Powers, shall be dealt with by the Consular Courts of the said Powers. The Allied Powers agree to make such infringements justiciable before their Consular Courts or authorities. Infringements committed by Turkish nationals or nationals of non-capitulatory Powers shall be dealt with by the competent Turkish judicial authorities.

In the portion of the said zone placed under Greek sovereignty such infringements will be dealt with by the competent Greek judicial authorities.

ARTICLE 50.

The officers or members of the crew of any merchant vessel within the limits of the jurisdiction of the Commission who may be arrested on shore for any offence committed either ashore or afloat within the limits of the said jurisdiction shall be brought before the competent judicial authority by the Commission's police. If the accused was arrested otherwise than by the Commission's police he shall immediately be handed over to them.

ARTICLE 51.

The Commission shall appoint such subordinate officers or officials as may be found indispensable to assist it in carrying out the duties. with which it is charged.

ARTICLE 52.

In all matters relating to the navigation of the waters within the limits of the jurisdiction of the Commission all the ships referred to in Article 37 shall be treated upon a footing of absolute equality.

ARTICLE 53.

Subject to the provisions of Article 47 the existing rights under which dues and charges can be levied for various purposes, whether direct by the Turkish Government or by international bodies or private companies, on ships or cargoes within the limits of the jurisdiction of the Commission shall be transferred to the Commission. The Commission shall fix these dues and charges at such amounts only as may be reasonably necessary to cover the cost of the works executed and the services rendered to shipping, including the general costs and expenses of the administration of the Commission, and the salaries and pay provided for in paragraph 3 of the Annex to this Section.

For these purposes only and with the prior consent of the Council of the League of Nations the Commission may also establish, dues and charges other than those now existing and fix their amounts.

ARTICLE 54.

All dues and charges imposed by the Commission shall be levied without any discrimination and on a footing of absolute equality between all vessels, whatever their port of origin, destination or departure, their flag or ownership, or the nationality or ownership of their cargoes.

This disposition does not affect the right of the Commission to fix in accordance with tonnage the dues provided for by this Section.

ARTICLE 55.

The Turkish and Greek Governments respectively undertake to facilitate the acquisition by the Commission of such land and buildings as the Commission shall consider it necessary to acquire in order to carry out effectively the duties with which it is entrusted.

ARTICLE 56.

Ships of war in transit through the waters specified in Article 39 shall conform in all respects to the regulations issued by the Commission for the observance of the ordinary rules of navigation and of sanitary requirements.

ARTICLE 57.

(1) Belligerent warships shall not revictual nor take in stores, except so far as may be strictly necessary to enable them to complete the passage of the Straits and to reach the nearest port where they can call, nor shall they replenish or increase their supplies of war

material or their armament or complete their crews, within the waters under the control of the Commission. Only such repairs as are absolutely necessary to render them seaworthy shall be carried out, and they shall not add in any manner whatever to their fighting force. The Commission shall decide what repairs are necessary, these must be carried out with the least possible delay.

and

(2) The passage of belligerent warships through the waters under the control of the Commission shall be effected with the least possible delay, and without any other interruption than that resulting from the necessities of the service.

(3) The stay of such warships at ports within the jurisdiction of the Commission shall not exceed twenty-four hours except in case of distress. In such case they shall be bound to leave as soon as possible. An interval of at least twenty-four hours shall always elapse between the sailing of a belligerent ship from the waters under the control of the Commission and the departure of a ship belonging to an opposing belligerent.

(4) Any further regulations affecting in time of war the waters under the control of the Commission, and relating in particular to the passage of war material and contraband destined for the enemies of Turkey, or revictualling, taking in stores or carrying out repairs in the said waters, will be laid down by the League of Nations.

ARTICLE 58.

Prizes shall in all respects be subjected to the same conditions as belligerent vessels of war.

ARTICLE 59.

No belligerent shall embark or disembark troops, munitions of war or warlike materials in the waters under the control of the Commission, except in case of accidental hindrance of the passage, and in such cases the passage shall be resumed with all possible despatch.

ARTICLE 60.

Nothing in Articles 57, 58 or 59 shall be deemed to limit the powers of a belligerent or belligerents acting in pursuance of a decision by the Council of the League of Nations.

ARTICLE 61.

Any differences which may arise between the Powers as to the interpretation or execution of the provisions of this Section, and as regards Constantinople and Haidar Pasha of the provisions of Articles 335 to 344, Part XI (Ports, Waterways, and Railways) shall be referred to the Commission. In the event of the decision of the Commission not being accepted by any Power, the question shall, on the demand of any Power concerned, be settled as provided by the League of Nations, pending whose decision the ruling of the Commission will be carried out.

ANNEX.

1.

The Chairmanship of the Commission of the Straits shall be rotatory for the period of two years among the members of the Commission entitled to two votes.

The Commission shall take decisions by a majority vote, and the Chairman shall have a casting vote. Abstention shall be regarded as a vote against the proposal under discussion.

Each of the Commissioners will have the right to designate a deputy Commissioner to replace him in his absence.

2.

The salary of each member of the Commission will be paid by the Government which appointed him; these salaries will be fixed at reasonable amounts agreed upon from time to time between the Governments represented on the Commission.

3.

The salaries of the police officers referred to in Article 48, of such other officials and officers as may be appointed under Article 51, and the pay of the local police referred to in Article 48, shall be paid out of the receipts from the dues and charges levied on shipping.

The Commission shall frame regulations as to the terms and conditions of employment of all officers and officials appointed by it.

4.

The Commission shall have at its disposal such vessels as may be necessary to enable it to carry out its functions as laid down in this Section and Annex.

5.

In order to carry out all the duties with which it is charged by the provisions of this Section and Annex and within the limits therein laid down the Commission will have the power to prepare, issue and enforce the necessary regulations; this power will include the right of amending so far as may be necessary or repealing the existing regulations.

6.

The Commission shall frame regulations as to the manner in which the accounts of all revenues and expenditure of the funds under its control shall be kept, the auditing of such accounts and the publication every year of a full and accurate report thereof.

SECTION III.-KURDISTAN.

ARTICLE 62.

A Commission sitting at Constantinople and composed of three members appointed by the British, French and Italian Governments