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 OFFICIAL DOCUMENTS 47

seven; and the provisionsof section thirty-sixhundredand seventy-

nine ofthe Revised Statutesofthe UnitedStates shall not be applicable
in any way to this appropriation.
SEC. 30. That all the applicable provisionsof the naturalization
laws of the United States shall apply to and be held to authorizethe
admissionto citizenshipof all personsnot citizenswho owe permanent
allegiance to the United States, and who may becomeresidentsofany
State or organizedTerritoryof the United States, with the following
modifications:The applicant shall not be required to renounce alle-
giance to any foreignsovereignty;he shall make his declaration of
intentionto become a citizen of the United States at least two years
prior to his admission; and residencewithinthe jurisdictionof the
United States, owing such permanentallegiance,shall be regardedas
residencewithinthe United States withinthe meaningofthe fiveyears'
residenceclause ofthe existinglaw.
SEC. 31. That this Act shall take effectand be in forcefromand
afterninetydays fromthe date of its passage: Provided,That sections
one, two, twenty-eight, and twenty-nineshall go into effectfromand
afterthe passage of this Act.
Approved,June 29, 1906.

GeneralActoftheInternational
Conference
ofAlgeciras,signedApril7,1906.
[TRANSLATION.]

"In the Name of AlmightyGod."

His Majestythe Emperorof Germany,King of Prussia, in the name
of the GermanEmpire; His Majesty the Emperorof Austria,King of
Bohemia, etc., and ApostolicKing of Hungary; His Majesty the King
of the Belgians; His Majesty the King of Spain; the Presidentof the
United States of America; the Presidentof the French Republic; His
Majestythe King ofthe United Kingdomof Great Britainand Ireland,
and of the BritishDominionsbeyondthe Seas, Emperorof India, etc.;
His Majestythe King of Italy; His Majestythe Sultan of Morocco;Her
Majestythe Queen ofthe Netherlands;His Majestythe King ofPortugal
and of the Algarves,etc., etc., etc.; His Majesty the Emperor of All
the Russias; His Majestythe King of Sweden:
Inspiredby the interestattachingitselfto the reignof order,peace,
and prosperityin Morocco,and recognizingthat the attainmentthereof
can onlybe effectedby meansofthe introductionofreformsbased upon
the tripleprincipleofthe sovereigntyand independenceof His Majesty
the Sultan, the integrityof his domains,and economic libertywithout
48 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

any inequality,have resolved,upon the invitationof His Shereefian

Majesty,to call togethera conferenceat Algecirasforthe purpose of
arrivingat an understanding as wellas examining
uponthe said reforms,
the means for obtainingthe resourcesnecessaryfortheirapplication,
and have appointed as their delegates plenipotentiarythe following:
His Majestythe Emperorof Germany,King of Prussia, in the name
of the GermanEmpire:
Mr. Josephde Radowitz, His AmbassadorExtraordinaryand Pleni-
potentiaryto His CatholicMajesty,and
Christian,Count of Tattenbach,His Envoy Extraordinaryand Min-
isterPlenipotentiary to His VeryFaithfulMajesty.
His Majestythe EmperorofAustria,King ofBohemia,etc.,and Apos-
tolic King of Hungary:
Rudolph,CountofWelsersheimb, His AmbassadorExtraordinaryand
Plenipotentiaryto His CatholicMajesty,and
Leopold, Count Bolesta-Koziebrodzki,His Envoy Extraordinaryand
MinisterPlenipotentiary to Morocco.
His Majestythe King ofthe Belgians:
Maurice, Baron Joostens,His Envoy Extraordinaryand Minister
Plenipotentiaryto His CatholicMajesty, and
Conrad,Count of BuisseretSteenbecque de Blarenghem,His Envoy
Extraordinaryand MinisterPlenipotentiary to Morocco.
His Majestythe King of Spain:
Don Juan Manuel Sanchez y Gutierrezde Castro,Duke ofAlmodovar
del Rio, His MinisterofState, and
Don Juan P6rez-Caballeroy Ferrer,His Envoy Extraordinaryand
MinisterPlenipotentiary to His Majestythe King ofthe Belgians.
The Presidentofthe UnitedStates ofAmerica:
Mr. Henry White, Ambassador Extraordinaryand Plenipotentiary
of the United States of Americato His Majestythe King of Italy, and
Mr. Samuel R. Gummere,Envoy Extraordinaryand MinisterPleni-
potentiaryofthe UnitedStates ofAmericato Morocco.
The Presidentofthe FrenchRepublic:
iir.Paul R6voil, AmbassadorExtraordinaryand Plenipotentiaryof
the FrenchRepublicto the Swiss Confederation, and
Mr.EugeneRegnault,MinisterPlenipotentiary.
His Majesty the King of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the Seas, Emperor of
India:
Sir ArthurNicolson, His Ambassador Extraordinaryand Plenipo-
tentiaryto His Majestythe Emperorof All the Russias.
 OFFICIAL DOCUMENTS 49

His MNfajestythe King of Italy:

Emile, Marquis ViscontiVenosta, Knight of the Order of the Very
Holy Annunciation,and
Mr. Giulio Malmusi,His Envoy Extraordinaryand MinisterPleni-
potentiaryto Morocco.
His Majestythe Sultan of Morocco:
El Hadj MohammedBen-el Arbi Ettorres,His Delegate at Tangier
and AmbassadorExtraordinary,
El Hadj MohammedBen Abdesselam El Mokri, His Minister of
Expenses,
El Hadj MohammedEs-Seffar,and Sid AbderrhamanBennis.
Her Majestythe Queen ofthe Netherlands:
JonkheerHannibal Testa, Her Envoy Extraordinaryand Minister
Plenipotentiaryto His Catholic Majesty.
His Majestythe King ofPortugaland of the Algarves,etc., etc., etc.:
Anthony,Count of Tovar, His Envoy Extraordinaryand Minister
Plenipotentiary to His CatholicMajesty,and
Francis Robert,Count of MartensFerrao,Peer of the Kingdom,His
Envoy Extraordinaryand MinisterPlenipotentiary to Morocco.
His Majestythe Emperorof All the Russias:
Arthur,Count Cassini, His Ambassador Extraordinaryand Pleni-
potentiaryto His CatholicMajesty,and
Mr. Basile de Bacheracht,His Ministerto Morocco.
His Majestythe King of Sweden:
Mr. Robert Sager, His Envoy Extraordinaryand MinisterPlenipo-
tentiaryto His CatholicMajestyand His Very FaithfulMajesty.
Who, furnishedwithfullpowers,whichwerefoundin good and due
formhave, in conformity withthe programme upon whichHis Shereefian
Majestyand thepowershave agreed,successivelydiscussedand adopted:
I. A declarationrelativeto the organizationofthe police.
II. A regulationconcerningthe detectionand repressionofthe con-
traband ofarms.
III. An act of concessionfora MoroccanState Bank.
IV. A declarationconcerninga betterreturnoftaxes, and the crea-
tion ofnew revenues.
V. A regulationconcerningthe customs of the Empire and the
repressionof fraudand smuggling.
VI. A declarationrelativeto public servicesand public works.
And having decided that these different documentsmightusefully
be coordinatedin a singleinstrument, theyhave unitedthemin a gen-
eral act composedofthe followingarticles:
50 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

CHAPTER I.

Declarationrelativeto theorganizationof thepolice.

ARTICLE1. The conferencesummonedby His Maajesty the Sultan to

pronounceon themeasuresnecessaryto organizethe police declaresthat
thefollowingprovisionsshouldbe made:
ART. 2. The police shall be under the sovereignauthorityof His
Majestythe Sultan. It shall be recruitedby the MaghzenfromMoorish
Mohammedans,commandedby MoorishKaids, and distributedin the
eight portsopen to commerce.
ART.3. In orderto aid the Sultan in the organizationofthis police,
Spanish officersand noncommissioned officersas instructors,and French
officersand noncommissioned officers shallbe placed at His
as instructors,
disposalbytheirrespectiveGovernments, whichshallsubmittheirdesig-
nation to the approval of His ShereefianMajesty. A contractdrawn
betweenthe Maghzenand theseinstructors, in conformity to the regula-
tion providedby article4, shall determinethe conditionsoftheirengage-
ment and fix their pay, which mustnot be less than double of the
pay corresponding to therankofeach officer ornoncommissioned officer.
In addition they will be allowed livingexpenses,varyingaccordingto
their residences. Proper lodgingswill be placed at their disposal by
the Maghzen,whichwill likewisesupplythemwiththeirhorsesand the
necessaryfodder.
The Governmentshavingjurisdictionoverthe instructors reservethe
rightto recall them and replace them by others,accepted and engaged
underthe same conditions.
ART.4. These officers and noncommissionedofficers fora period of
five years, to date fromthe ratificationof the act of the conference,
shall givetheirserviceto the organizationofa body ofShereefianpolice.
They shall assureinstructionand disciplinein conformity withthe regu-
lationsto be drawnup in respectthereto. They shall also see that the
men enlistedare fitfor militaryservice. In a generalway they shall
supervisethe administrationof the soldiersand superintendthe pay-
ment of their salary which shall be effectedby the "Amin," assisted
by the accountingofficer instructor. They shall extend to the Moorish
authoritiesinvestedwith the commandof these bodies theirtechnical
aid in the exerciseof the said command.
The regulationsto assure the recruital,discipline,instruction,and
administrationof the bodies of police shall be establishedby mutual
agreementbetweenthe ShereefianMinisterof War or his delegate,the
 OFFICIAL DOCUMENTS 51

inspectorprovided by article 7, and the highestrankingFrench and

Spanish instructors.
The regulationsshallbe submittedto the DiplomaticBody at Tangier
which will formulateits opinion withina month'stime. Afterthat
periodthe regulationsshall be enforced.
ART. 5. The total strengthofthe police shall not be morethan 2,500
men, nor less than 2,000. It shall be distributed,accordingto the
importanceof the ports,in groupsvaryingbetween 150 and 600 men.
The number of Spanish and French officersshall be between sixteen
and twenty;of Spanish and French noncommissioned officers,
between
thirtyand forty.
ART. 6. The fundsnecessaryto maintainand pay soldiersand officers
and noncommissioned officer
instructors shall be advanced by the State
Bank to the ShereefianTreasurywithinthe limitsof the annual budget
assigned to the police, which shall not exceed two millionand a half
pesetas for an effectivestrengthoftwo thousandfivehundredmen.
ART. 7. During the same period of fiveyears a generalinspection
shall be made into the workingof the police. Such inspectionshall be
intrustedby His ShereefianAMajesty to a superiorofficerof the Swiss
army, who will be submittedto His approval by the Swiss Federal
Government. This officerwill be styled Inspector-Generaland reside
at Tangier.
He shall inspectat least once a yearthe different bodies ofthe police,
and aftersuch inspectionhe shall drawup a reportwhichhe willaddress
to the Maghzen.
In additionto suchregularreports,he will,ifhe regardsit as necessary,
drawup specialreportswithreference to theworkingofthepolice.
Withoutdirectlyintervening eitherinthe commandorthe instruction,
the Inspector-General willascertainthe resultsobtainedby the Sheree-
fianpolice,as regardsthe maintenanceoforderand securityin the places
wherethispoliceshall have been established.
ART. 8. A copy of the reports and communications made to the
Maghzenby the Inspector-General, withreferenceto his mission,shall
at the same timebe transmittedto the Dean ofthe DiplomaticBody at
Tangier,in orderthat the Diplomatic Body be enabled to satisfyitself
that the Shereefianpolice acts in conformity to the decisionstaken by
the conference, and to see whetherit guaranteeseffectively, and in con-
formitywiththe treaties,the securityof personand propertyofforeign
citizens,subjects, and proteges,as well as that of commercialtrans-
actions.
52 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

ART. 9. In the case of complaintsfiledwith the Diplomatic Body

by the legationconcerned,the DiplomaticBody may,upon noticegiven
to therepresentativeofthe Sultan,directthe Inspector-General to inves-
tigate and reportforall available purposesin the matterof such com-
plaints.
ART. 10. The Inspector-Generalshall receive an annual salary of
25,000 francs. In addition, he will be allowed 6,000 francsfor the
expensesofhis tours. The Maghzenwillplace at his disposala suitable
residenceand willlook afterthe maintenanceofhis horses.
ART. 11. The material conditionsof his engagementand of his
establishment,as providedby article 10, shall be the subject of a con-
tract drawnup betweenhimand the Maghzen. A copy ofthis contract
shall be communicatedto the DiplomaticBody.
ART. 12. The staffof instructorsof the Shereefianpolice (officers
and noncommissionedofficers)shall be Spanish at Tetuan, mixed at
Tangier, Spanish at Larache, French at Rabat, mixed at Casablanca,
and Frenchin the otherthreeports.

CHAPTER II.

Regulationsconcerningthedetectionand repressionof thecontrabandof

arms.
ART. 13. Throughoutthe ShereefianEmpire, except in the cases
specifiedby articles14 and 15, the importationand sale is forbiddenof
arms of war, parts of guns, ammunitionof any nature, loaded or
unloaded, powder,saltpeter,gun cotton,nitroglycerin, and all composi-
tionsdestinedexclusivelyforthe manufactureofammunition.
ART. 14. Such explosives as are necessaryforindustryand public
works may, however,be introduced. A regulationdrawn up in the
mannerindicated by article 18 shall determinethe conditionsunder
whichtheirimportationmay be effected.
ART. 15. The arms, parts of guns, and ammunitionintended for
the troops of His ShereefianMajesty will be admittedafterthe fulfill-
mentof the followingformalities:
A declarationsignedby the MoorishMinisterof War, describingthe
numberand nature of such articlesorderedabroad, must be presented
to the legationofthe countryoftheirorigin,whosevisa shall be affixed
thereto.
The passage through the customsofthe cases and packages contain-
ing the armsand munitions,deliveredat the orderofthe MoorishGov-
ernment,shall be effectedupon the presentation:
 OFFICIAL DOCUMENTS 53

1. Of the aforesaiddeclaration.
2. Of the invoiceindicatingthe numberand weightof the packages
and the numberand kind ofthe armsand munitionscontainedtherein.
This documentmust be visaed by the legationof the countryof their
origin,whichwill markon the back the successiveamountspreviously
passed throughthe customs. This visa will be refusedwhen the order
shall have been entirelydelivered.
ART. 16. The importationof sportingand high-pricedarms, parts
of guns,cartridgesloaded and unloaded,is likewiseforbidden. It may
none the less be authorized-
1?. For the strictlypersonalrequirementsofthe importer;
20. For supplyingthe gunshopsauthorizedby article18.
ART. 17. Sportingand high-pricedarms and the ammunitionfor
the same will be admittedforthe strictlypersonalrequirementsof the
importeron presentationof a permitissued by the representativeof
the Maghzen at Tangier. If the importeris a foreigner,this permit
willonlybe grantedat the requestofhis legation.
With respectto ammunitionforsportingpurposes,each permitshall
allow a maximumof a thousand cartridgesor the supplies necessary
forthe manufactureof a thousand cartridges. The permitshall only
be issuedto those who have neverbeen sentencedforany offense.
ART. 18. The trade in sportingand high-priced arms,not rifled,of
foreignmanufacture,as well as of the ammunitionappertainingto the
same, shall be regulated,as soon as circumstancespermit,by a Sheree-
fian decisionmade in conformity withthe advice of a majorityof the
DiplomaticBody at Tangier. This shall be the case, as well withdeci-
sionsintendedto suspendorrestrictthe exerciseofsuch trade.
Only such personsas have secured a special and temporarylicense
fromthe MoorishGovernmentshall be allowed to open and operate
retailshops forthe sale ofsportinggunsand ammunition. This license
shall onlybe givenat the writtenrequestof the applicant,indorsedby
his legation.
Regulationsdrawnup ill the mannerindicatedby the firstparagraph
of this article shall determinethe numberof such retail shops which
may be openedat Tangierand, if occasionarises,in the portsthat may
be later designated. They shall fix the formalitiesto be imposed o0)
the importationof explosivesintendedforindustryand public works,
of arms and ammunitionintendedto supplysuch shops,as well as the
maximumquantityof stockthat can be kept.
In case of the violationof the regulatingordinances,the licensemay
54 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

be temporarilyor permanentlywithdrawnwithoutprejudiceto other

penaltiesincurredby the offenders.
ART. 19. Every introductionof, or attemptto introduce,the pro-
hibitedmerchandiseshall make it liable to confiscation, and furtherto
the punishmentsand finesmentionedbelow,whichshall be pronounced
by the competentjurisdiction.
ART. 20. The introduction or attemptto introducein a portopen to
commerce,or througha custom-house, shall be punished:
10. By a fineoffrom500 to 2,000pesetasand an additionalfineequal
to threetimesthe value ofthe importedmerchandise;
2?. By imprisonment offromfivedays to a year,or else by onlyone
ofthesetwo punishments.
ART. 21. The introductionor attemptto introduceoutside a port
open to commerceor a custom-houseshall be punished:
1?. By a fineof from1,000 to 5,000 pesetas and an additional fine
equal to threetimesthe value ofthe importedmerchantdise;
2?. By imprisonment of fromthreemonthsto two years,or else by
only one ofthese two punishments.
ART. 22. The fraudulentsale, the receivingand peddling,of mer-
chandiseprohibitedby the presentregulationsshall be punishedaccord-
ing to the penaltiesspecifiedin article20.
ART. 23. The accomplicesin the offenses set forthin articles20, 21,
and 22 shall be liable to the same penalties as the principals. The
elements determiningcomplicityshall be adjudged accordingto the
laws ofthe courtin chargeofthe case.
ART.24. Whenthereis goodreasonto supposethat a vesselanchored
in a port open to commercecarriesguns,ammunition,or otherprohib-
ited merchandise,with a view of introducingthe same into Morocco,
the officersof the Shereefiancustoms shall so informthe competent
consularauthority,in orderthat the lattermay carryout, in company
witha delegateofthe Shereefiancustoms,such investigations, verifica-
tions,or searchesas may be judged necessary.
ART. 25. In the case of the introductionor the attempted intro-
ductionby sea ofprohibitedmerchandiseoutsideofa portopen to com-
merce,the Moorishcustoms authoritiesmay bring the vessel to the
nearest port,to be turned over to the consularauthority,who shall
have the rightto seize it and continue such seizureuntil payment of
the finesdecreed. The vessel may,however,be releasedat any period
ofthe trial,providedthat the judicial proceedingsshall not be impeded
thereby,on the deposit made with the consular authority of the
 OFFICIAL DOCUMENTS 55

maximumof the fine,or else under responsiblebail accepted by the

customs.
ART.26. The Maghzenmayretainthe confiscatedmerchandiseeither
forits own use, ifable to utilizeit, on conditionthat the subjects ofthe
Empire shall not be able to get possessionof it, or it shall dispose of it
abroad.
The conveyancesof the same on shore may be confiscatedand shall
be sold forthe profitofthe ShereefianTreasury.
ART. 27. The sale of arms condemnedby the MoorishGovernment
shall be prohibitedthroughoutthe ShereefianEmpire.
ART. 28. Rewards taken out of the amount of the fineslevied are
to be givento the informants who have been instrumental in discovering
forbiddenmerchandiseand to the agents who have effectedits seizure.
Such rewardsshall be assigned afterdeducting,if necessary,the costs
of the trial, one-thirdto be distributedby the customs among the
informants,one-thirdto the officerswho seized the merchandise,and
one-thirdto the MoroccanTreasury.
If the seizurehas been effected withoutthe intervention ofan informer
one-halfof the finesshall go to the officermakingthe seizure and the
otherhalfto the ShereefianTreasury.
ART. 29. The Moorishcustomsauthoritiesshall notifydirectlythe
diplomaticor consularagents of any violationsof this regulation,com-
mittedby those undertheirjurisdiction,in orderthat the same may be
prosecutedbeforethe properjurisdiction.
Similarviolationscommittedby Moorishsubjects shall be submitted
directlyby the customsto the Shereefianauthority.
A delegateofthe customsshall be assignedto followthe procedureof
cases pendingbeforethe different jurisdictions.
ART.30. In the regionborderingon Algeria,the enforcement of the
regulationson the contrabandof arms shall be the exclusiveconcernof
France and Morocco.
Similarly,the enforcementof the regulationon the contraband of
arms in the Riffand in generalin the regionsborderingon the Spanish
possessionsshallbe theexclusiveconcernofSpain and Morocco.

CHAPTER III.

Actof concessionfora StateBan.4.

ART.31. A bank shall be establishedin Moroccounderthe name of

the "State Bank of Morocco,"to exercisethe followingspecifiedrights,
56 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

whichare grantedto it by His Majestythe Sultan fora periodof forty

years,to date fromthe ratificationof this act.
ART. 32. The Bank, whichwill have powerto carryon all transac-
tions enteringinto the operationsof a bank, shall have the exclusive
privilegeof issuingnotes to bearer,payable on presentationand receiv-
able forpublic dues throughoutthe MoorishEmpire.
The Bank shall maintainfora period of two years,to date fromits
goinginto operation,cash on hand at least equal to halfits notes in cir-
culation,and equal to at least one-thirdafterthe expirationof said
period of two years. At least one-thirdof such cash on hand is to be
gold bullion or gold coin.
ART. 33. The Bank shall, to the exclusion of every otherbank or
establishmentof credit,dischargethe duty of disbursingtreasurerof
the Empire. To this end the MoorishGovernmentshall take all neces-
sary measuresto depositin the Bank proceedsofthe customsrevenues,
exclusiveofthe part thereofapplied to the loan of 1904,and such other
revenuesas it may designate.
With referenceto the special tax establishedin orderto carry out
certain public works,the Moorish Governmentmust have the same
depositedin the Bank, as well as the revenuesit may later pledge for
its loans,the Bank beingespeciallychargedwiththe paymentsthereon,
except, however,in the case of the loan of 1904, whichis governedby
special contract.
ART. 34. The Bank shall be the financialagent of the Government
both withinand withoutthe Empire,withoutprejudiceto the Govern-
ment's right to apply to other bankiinghouses or establishmentsof
creditforits publicloans. The Bank, however,shall enjoy,in regardto
such loans,a rightof preference, otherconditionsbeingequal, overany
bankingor creditestablishment.
For Treasury notes or other short-termnotes which the Moorish
Governmentmay wish to negotiatewithoutmakingit a public issue,
the Bank shall, however,be charged,to the exclusion of every other
establishment, withnegotiatingthe same forthe account ofthe Moorish
Government,eitherin Moroccoor abroad.
ART. 35. The Bank shall make advances to the MoroccanGovern-
ment on account currentup to a million francs,chargeable against
Treasuryreceipts.
The Bank shall likewiseopen a creditaccount for the Government
forthe periodoften years,to date fromits establishment, such account
not to exceed two-thirds of its initial capital.
 OFFICIAL DOCUMENTS 57

This credit account shall be distributedover several years and

employed primarilyfor the expenses of establishingand maintaining
the bodies of police, organizedin conformity to the decisionsadopted
by the conference,and secondarilyforthe expenses of such worksof
public interestas mightnot be chargedto the special fundas provided
forby the followingarticle:
The maximumrate forthese two advances will be 7 per cent,bank
commissionincluded,and the Bank may ask the Governmentto give
as securityan equal amountin Treasurynotes.
If beforethe expirationofthe said termoften yearsthe MoorishGov-
ernmentshouldcontracta loan,the Bank wouldhave therightto obtain
the immediatereimbursement of its advances made in accordancewith
the secondparagraphofthe presentarticle.
ART. 36. The proceedsof the special tax (articles33 and 66) shall
forma special fundforwhichthe Bank shall keep a separate account.
This fundshall be employedin conformity to the regulationsadopted
by the conference.
In the case of its insufficiency,and chargeableto later receipts,the
Bank may open a special creditfor such fund,the amount of which
shouldnot exceed the total ofthereceiptsforthe previousyear.
The conditionsofthe rate and commissionshall be the same as those
establishedby the precedingarticle foradvances to the Treasury on
account current.
ART. 37. The Bank shall take such measuresas it may deem con-
ducive to a soundermonetarysituationin Morocco. Spanish currency
shall continueto be permittedto circulateas legal tender.
In consequence,the Bank shall have the exclusivechargeof purchas-
ing preciousmetals,of strikingand meltingcoins,as well as of all its
other monetaryoperationsfor the account and profitof the Moorish
Government.
ART. 38. The home officeof the Bank shall be at Tangier, but it
shall establishbranchesand agencies in the principalcities of Morocco
or in any otherplace it may deem expedient.
ART. 39. The land necessaryforthe establishmentof the Bank, as
wellas its branchesand agenciesin Morocco,shall be placed gratuitously
at its disposalbythe Government, and at theexpirationofthe concession
the Governmentshall retake possessionof it and reimbursethe Bank
forthe cost of buildingthese establishments. The Bank shall further
be authorizedto purchasesuch houses and land as it may requirefor
the same purpose.
58 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

ART. 40. The ShereefianGovernment shall insureand be responsible

forthe safetyand protectionof the Bank, its branchesand agencies.
To this end it shall place an adequate guard at the disposal of each
establishmentin everycity.
ART. 41. The Bank, its branchesand agencies,shall be exemptfrom
all impostsor dues, ordinaryor extraordinary, existingor to be created.
The same exemptionshall be extendedto real estate devotedto its use,
and to the certificates and coupons of its sharesand to its notes. The
importationand exportationof metalsand coins intendedforbanking
operationsshall be authorizedand exemptedfromeverytax.
ART. 42. The ShereefianGovernmentshall exerciseits high super-
vision over the Bank by a High Commissioner, whom it shall appoint
aftera previousagreementwiththe Bank's Board ofDirectors.
This High Commissionershall have the rightto examine into the
managementofthe Bank. He shallsupervisetheissuanceofbanknotes
and shall see that the provisionsofthe concessionare strictlyobserved.
The High Commissioner shall signeverynote or affixtheretohis seal.
He shall be chargedwiththe supervisionof the relationsbetweenthe
Bank and the ImperialTreasury.
He shall take no partin theadministration ortransactionofthe bank-
ing business,but he shall always have the rightto attend the meetings
of the Censors.
The ShereefianGovernmentshall appoint one or two deputy com-
missioners,who shall be especiallychargedwiththe supervisionof the
financialtransactionsofthe Treasurywiththe Bank.
ART. 43. A set ofrules defining the relationsofthe Bank and ofthe
MoorishGovernmentshall be framedby the special committeeprovided
forin article57 and approved by the Censors.
ART. 44. The Bank, organizedwiththe approval ofthe Government
ofHis ShereefianMajestyin the formofa corporation,shall be governed
by the Frenchlaw relativethereto.
ART. 45. Actionsinstitutedin Moroccoby the Bank shall be brought
beforethe Consular Court of the defendantor beforethe jurisdiction
of Morocco,in accordance withthe rules of competenceestablishedby
the Shereefiantreatiesand firmans.
Actions institutedin Morocco against the Bank shall be brought
beforea special tribunal consistingof three consular magistratesand
two associates. The Diplomatic Body shall, each year, arrange the
list of magistrates,associates,and substitutes.
This tribunalshall apply to such cases the rules of law, procedure,
and competenceestablishedby the French legislationin commercial
 OFFICIAL DOCUMENTS 59

matters. Appeals fromjudgmentspronouncedby this tribunalshall

be taken to the Federal Court of Lausanne, whose decision shall be
final.
ART. 46. In case of dispute over the clauses of the concessionor
litigationarisingbetweenthe MoorishGovernmentand the Bank, the
difference shall be referred,withoutappeal or recourse,to the Federal
CourtofLausanne.
All disputesarisingbetweenthe shareholdersand the Bank in regard
to the enforcement ofthe by-lawsor by reasonofthe corporatebusiness
shall likewisebe referred,withoutappeal or recourse,to the same court.
ART. 47. The by-lawsof the Bank shall be framedon the following
bases by a special committeeprovidedforin article57. They shall be
approvedby the Censorsand ratifiedby the GeneralAssemblyofShare-
holders.
ART. 48. The GeneralConstituentAssemblyofthe corporationshall
fix the place wherethe meetingsof the shareholdersand the sessions
of the Board of Directorsshall be held; the latter,however,shall have
the facultyofmeetingat any othercityifit deemsit expedient.
The officeofthe managerofthe Bank shall be at Tangier.
ART. 49. The Bank shall be administeredby a Board of Directors
consistingofas manymembersas thereare partsin theinitialcapital.
The Directorsshall have the most extensivepowersforthe adminis-
trationand managementofthe corporation;theyshallespeciallyappoint
the managers,assistant managers,and membersof the commission
indicatedin article54, as wellas the managersofbranchesand agencies.
The employeesof the companyshall be recruitedso far as possible
fromamong the citizens,subjects, or protegesof the several powers
whichhave takenpartin subscribingthe capital.
ART. 50. The Directors,who shall be appointed by the General
Assemblyof Shareholders,shall be nominatedby the groups subscrib-
ing the capital.
The firstBoard shall remainfiveyears in office. At the expiration
of this period,there shall be a renewal at the rate of three members
annually. The orderof out goingDirectorsshall be determinedby lot;
they may be reelected.
On the constitutionof the corporation,each subscribinggroupshall
have the rightto nominateas manydirectorsas it shall have subscribed
entireparts,but such groupsshall not be compelledto selectcandidates
of their own nationality.
The subscribinggroups shall not retain their right of nominating
directorswhen the latterare supersededor reelected,unless they can
60 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

provethat theystillhave in theirpossessionat least one-halfthe share

conferring that rightupon them.
In a case where,by reason of these provisions,a subscribinggroup
should be no longerin a positionto nominatea director,the General
Assemblyof Shareholdersshall make a directnomination.
ART. 51. Each ofthe following institutions:the Bank of the German
Empire, the Bank of England, the Bank of Spain, and the Bank of
France, shall, withtheir Government'sapproval, appoint a Censorfor
the State Bank of Morocco.
The Censorsshall remainin officefouryears. The outgoingCensors
maybe reappointed.
In the case ofdeath orresignationthe institutionwhichhad appointed
the formerincumbentshall fillthe vacancy, but onlyforthe unexpired
termofthe vacated office.
ART. 52. The Censorswho shall exercisetheirmandate by virtueof
this act ofthe SignatoryPowers shall, in the interestsof the latter,see
that the Bank is efficiently operated and insurethe strictobservance
ofthe clauses ofthe concessionand ofthe statutes. They shall see that
the regulationsgoverningthe issuance of notes are preciselyfulfilled,
and shall supervisethe operationstendingto put the monetarysituation
on a sound basis, but they shall never, under any pretext,interfere
in the conductof businessor in the internaladministrationofthe Bank.
Each of the Censorsshall be empoweredto examine at all timesthe
Bank accounts, and to call for informationeitherfromthe Board of
Directorsor the manager's officewith regard to the managementof
the Bank, and attend the meetingsof the Board of Directors,but only
in an advisorycapacity.
The fourCensorsshall meetat Tangierin the dischargeoftheirduties
at least once everytwo years, at a time to be fixedby them. Other
meetingsat Tangieror elsewheremay take place ifthreeofthe Censors
should demand it.
The fourCensorsshall draw up in commonaccord an annual report,
whichshall be annexed to that of the Board of Directors. The Board
of Directorsshall transmitwithoutdelay a copy of suchreportto each
ofthe Governments signatoryto the act ofthe conference.
ART. 53. The Censors'emolumentsand travelingexpenses shall be
fixedby the committeeon by-laws. They shall be paid directlyby the
banks charged with theirnomination,and the amount reimbursedto
these institutionsby the State Bank of Morocco.
ART. 54. To assist the manager'sofficea committeeshall be estab-
lished at Tangier,the membersof whichshall be chosen by the Board
 OFFICIAL DOCUMENTS 61

ofDirectors,withoutdistinctionofnationality,fromamongthenotables
residingat Tangierand holdingsharesofthe Bank.
This committee, whichshall be presidedover by oneof the managers
or assistant managers,shall give its advice on questions of discounts
and openingof creditaccounts.
It shall transmita monthlyreporton these various subjects to the
Board of Directors.
ART. 55. The capital, of which the amount shall be fixed by the
special committeedesignatedin article57, shall be not less than fifteen
millionfrancsnor morethan twentymillionfrancs,and shall be of gold
coin, and the shares thereof,of the value of fivehundredfrancseach,
shall be inscribedwiththe various gold coinages at a fixed rate of
exchange,as determinedby the by-laws.
The said capital maythereafter be increasedat one or moretimesby a
decisionofthe GeneralAssemblyofShareholders.
The subscriptionto the increased capital shall be reservedfor all
shareholders,withoutdistinctionof groups,in proportionto their indi-
vidual holdings.
ART. 56. The initial capital of the Bank shall be divided into as
many equal parts as there are participantsamong the powers repre-
sented at the conference.
To this end, each powershall designatea bank whichshall exercise
eitherforitselfor fora groupof banks the above-specified rightof sub-
scription,as wellas therightofnominationofthe Directors,as provided
in article50. Any bank selectedas head ofa groupmay,withits Gov-
ernment'sauthorization,be superseded by another bank of the same
country.
States wishingto avail themselvesof their rightsof subscription
must notifysuch intentionto the Royal Governmentof Spain within
a periodof fourweeksfromthe signatureofthis act by the representa-
tives ofthe powers.
Two parts,however,equal to thosereservedto each ofthe subscribing
groups,shall be assigned to the consortium of banks signatoryof the
contractof June 12, 1904, in compensationforthe cessionwhichshall
be made by the consortium to the State Bank of Morocco:
(1) Of the rightsspecifiedin article33 ofthe contract;
(2) Of the rightinscribedin article32 (paragraph2) of the contract
concerningthe available balance of the customs receipts, with the
express reservationof the general preferentialrightto the aggregate
proceedsof customsgrantedto bondholdersby article 11 of the same
contract.
62 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

ART. 57. Within a period of three weeks fromthe time of closing

the subscriptions,notifiedby the Royal Governmentof Spain to the
powersinterested,a special committeecomposedof delegatesappointed
by the subscribinggroups,as providedin article50 forthe appointment
of Directors,shall meet with a view to elaboratingthe by-lawsof the
Bank.
The General ConstituentAssemblyshall meet two monthsafterthe
ratificationofthisact.
The functionsof such special committeeshall cease upon the organi-
zation of the corporation.
The special committeeshall fixthe place of its meetings.
ART. 58. No modification shall be made in the by-lawsexcept on
the motionof the Board of Directorsand withthe advice and consent
of the Censorsand the Imperial High Commissioner.
Such modificationsmlustbe voted by a three-quartersmajority,
eitherpresentor represented,of the GeneralAssemblvof Shareholders.

CHAPTER IV.

A declarationconcerning
a better
returnoftaxesand thecreationofnew
revenues.
ART. 59. As soon as the "tertib" shall have been put into regular
operationwith regardto Moorishsubjects, the representativesof the
powers at Tangiershall subject theircitizens,subjects, and protege'sin
the Empire to the applicationthereof. But it is understoodthat this
tax shall not be appliedto foreignsubjectsexcept-
(a) Under the conditionsstipulatedbv the regulationof the Diplo-
maticBody at Tangieron November24, 1903;
(b) At places whereit shall effectivelybe collectedfromMoorishsub-
jects.
The consular authoritiesshall retain a certain percentageof the
receiptsof the taxes theycollectfronm thosesubject to theirjurisdiction
to coverthe cost of tax bills and collection.
The rate of such percentageshall be fixed by mutual agreement
betweenthe Maghzenand the DiplomaticBody at Tangier.
ART. 60. In accordancewith the rightgrantedby article11 of the
Madrid Convention,foreigners shall have the rightto acquire property
throughoutthe ShereefianEmpire, and His Majesty the Sultan shall
issue to his administrativeand judicial officerssuch instructionsas
may be necessaryforthemnotto refusetheregistration ofdeedswithout
 OFFICIAL DOCUMENTS 63

lawful cause. Subsequent transfers,either by deeds between living

partiesor by death,shall continuewithouthindrance.
In the portsopen to commerceand withina radius of ten kilometers
around such ports, His Majesty the Sultan, generallyand withoutit
being necessaryhenceforth forforeignsubjects to obtain a special per-
missionforeach purchaseof property,now grantsthe consentrequired
by article11 of the Madrid Convention.
At Ksar el Kebir, Arzila,Azemour,and eventuallyin othertownsof
the coast or the interior,the generalauthorizationstated above is like-
wise grantedto foreigners, but only forpurchaserswithina radius of
two kilometersaround those towns.
Whereverforeignersmay have acquired propertythey will be per-
mittedto erectbuildingsin compliancewithregulationsand usage.
Beforeauthorizingthe executionof deeds fortransferring property,
the Cadi will have to satisfyhimselfof the validityof the title in con-.
formityto the Mohammedanlaw.
The Maghzenshall designatein each cityand districtspecifiedin this
articlethe Cadi who shall have chargeofsuch verification.
ART. 61. With a view to creatingnew resourcesfor the Maghzen,
the conference recognizesin principlethat a tax may be establishedon
citybuildings.
A part of the receiptsthus realizedshall be set aside forthe require-
mentsof municipalstreetsand hvgiene,and generallyfor the expense
of improvement and conservationof the cities.
The tax is due fromthe Moorishor foreignowner,withoutdistinction,
but thetenantor theholderofthe keyshallbe responsibleto theMoorish
Treasury.
Regulations issued jointly by the ShereefianGovernmentand the
DiplomaticBody at Tangiershall establishthe rate, its methodof col-
lectionand application,and shall determinethe quota of revenuethus
createdwhichshall be devotedto the expenseof improvement and con-
servationof the cities.
At Tangierthis quota shall be turnedover to the InternationalSani-
tary Council,which shall decide as to its use nutil the creation of a
municipalorganization.
ART. 62. His ShereefianMajesty having decided in 1901 that the
Moorish officialswho collect the agriculturaltaxes should no longer
receive either the "sokhra" or the "mouna," the conferenceis of the
opinionthat this rule should be made general,so far as is possible.
ART.63. The Shereefiandelegateshave stated that habou property,
or certainState property,notablybuildingsof the Maghzen,occupied
64 AMERICAN JOURNAL OF INTERNATIONAL LAW

at a rentalof 6 per cent,are held by personssubjectto foreignjurisdic-

tion withoutregulartitle or by virtueof contractssubject to revision.
The conference, desirousof remedyingthis state of affairs,chargesthe
DiplomaticBody at Tangierto solve these two questionsequitably,in
accord with the special commissionerwhom His ShereefianMajesty
may be pleased to designateto that effect.
ART. 64. The conference takes formalnote of the propositionform-
ulated by the Shereefiandelegateson the subject of taxes to be created
on certaintrades,industries,and professions.
If, as the resultof the collectionof such taxes fromMoorishsubjects
the DiplomaticBody at Tangier should deem it advisable to extend
the same to those under foreignjurisdiction,it is hereby specified
that the said taxes shall be exclusivelymunicipal.
ART. 65. The conference adheresto the propositionproposedby the
Moorish delegation to create, with the assistance of the Diplomatic
Body-
(a) A stamp tax on contracts and notarial acts broughtbefore
"adouls."
(b) A maximumtransfertax of 2 per cent on sales of real estate.
(c) A statisticaland weighingtax of a maximumof 1 per cent ad
valoremon merchandisetransportedby coastingvessels.
(d) A passportfee to be collectedfromMoorishsubjects.
(e) Eventually,wharfageand light-housedues, the proceedsof which
shall be devoted to harborimprovement.
ART. 66. Merchandiseof foreignoriginshall temporarilybe subject
on entryinto Morocco to special taxes amountingto 21 per cent ad
valorem. The whole proceedsof this special tax shall form a special
fund,whichshallbe devotedto the executionofand expensesconnected
with public worksforthe developmentof navigationand the general
tradeof the ShereefianEmpire.
The programmeof worksand theirorderof priorityshall be deter-
minedjointlyby the ShereefianGovernmentand the DiplomiaticBody
at Tangier.
The surveys,estimates,plans, and specifications appertainingthereto
shall be made by a competentengineer,appointed by the Shereefian
Governmentjointlywiththe DiplomaticBody. This engineermay, if
necessary,be assistedby one or more assistantengineers. Their sala-
ries shall be chargedto the special fund.
The special fundwill be depositedwith the State Bank of Morocco,
whichis to keep its accounts.
 OFFICIAL DOCUMENTS 65

Public contractsshall be awarded in the formand underthe general

terms prescribed by the regulations that the Diplomatic Body at
Tangier is charged to frame,togetherwith the representativeof His
ShereefianMajesty.
The board of awards shall consist of one representativeof the
ShereefianGovernment,of fivedelegatesof the Diplomatic Body, and
of the engineer.
The award shall be given in favorof the bidderwho, in conformity
with the specifications, may submit the bid offering the most advan-
tageousgeneralterms.
As forthesumsyieldedby thespecial tax and collectedat thecustoms-
houses, in the districtsspecifiedin article103 of the CustomsRegula-
tions,theirexpenditurewill be determinedupon by the Maghzen,with
the consentof the neighboring power,in accordancewiththe clauses of
this article.
ART. 67. The conference,without detrimentto the observations
offeredupon this point,expressesthe wish that the export duties on
the followingmerchandisebe reducedas follows:
Per cent.
Chick-peas ................. ................... 20
Corn ............................... 20
Barley . . 50
Wheat ..... 34
ART. 68. His Shereefian Majestywill consentto increasefromsix to
ten thousandthe numberof head of cattle of the bovine specieswhich
each powershall have the rightto exportfromMorocco. Such expor-
tation may be effectedthroughany custom-house. If by misfortune
thereshouldbe a scarcityofcattlein any particulardistrictHis Sheree-
fianMajestv shall have the rightto temporarily forbidthe exportation
of cattle throughthe port or ports of that district. Such measure
shall not exceed two years; nor shall it be applied at the same time
to all the portsof the Empire.
It is furtherunderstoodthat the precedingprovisionsdo not modify
the otherconditionsforthe exportationof cattle as fixed by previous
firmans.
The conference expressesthe additionalwishthat a veterinary inspec-
tionbe organizedas soon as possibleat the seaports.
ART. 69. In accordancewiththe previousdecisionsof His Shereefian
Majesty,and notablythe decisionof September28th, 1901, the trans-
portationis allowedby coastingvessels,betweenall portsofthe Empire,
of cereals, grains,vegetables,fruits,eggs, poultry,and in generalof
66 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

merchandiseand animals of every kind, of Moroccan origin or not;

excepthorses,donkeys,and camels,forwhicha special permitfromthe
Maghzen will be necessary. Such coastingtrade may be carriedon
by vessels of everynationalitywithoutsuch articlesbeingsubjectedto
paymentof the exportduties,but subjectto the special taxes and regu-
lations relative thereto.
ART. 70. The rate of sojournand anchoragedues levied on ships in
Moorish ports being fixed by treaties with certain powers,the said
powersare disposedto consentto a revisionof such dues. The Diplo-
matic Body at Tangieris therefore chargedto effectan agreementwith
the Maghzenon the termsofsuch revision,whichcan not,however,take
place untilafterthe improvement of the ports.
ART. 71. The customsstoragedues shall be collectedin all Moorish
portswherethereare adequate warehouses,in conformity to the regu-
lationsexistingor to be adopted in regardtheretoby the Government
of His ShereefianMajesty in accord withthe DiplomaticBody at Tan-
gier.
ART. 72. Opiumand kiff willcontinueto be a monoplyofthe Sheree-
fian Government. The importationof opium specially intendedfor
medicinalpurposeswill, however,be allowed by special permitissued
by the Maghzenat the requestofthe legation,the physician,or apothe-
cary importingthe same. The ShereefianGovernmentand the Diplo-
matic Body shall jointlydeterminethe maximumquantitywhichmay
be thus introduced.
ART. 73. The representatives of the powerstake noteof the Sheree-
fianGovernment's intentionto extendto tobacco ofall kindsthe monop-
oly existingin the case of snuff. They reserve the rightof theirciti-
zens, subjects,and protegesto be duly indemnified fordamages which
the said monopolymay cause such of them as carryon a tobaccobusi-
ness establishedunderthe presentsystem. In case no amicableagree-
mentshall be reached,the damages shall be fixedby expertsdesignated
by the Maghzenand the DiplomaticBody, in conformity withthe pro-
visionsgoverningexpropriation forpublicpurposes.
ART. 74. The principleof awardingcontractson bids withoutprefer-
ence of nationalityshall be applied to the farmingof the monopoly
of opiumand kiff. The same rulewould applyto the tobacco monopoly
if created.
ART. 75. If the occasionshould arise to modifyany of the provisions
of this declaration,the Maghzen and the Diplomatic Body at Tangier
shall reach an understanding on thispoint.
 OFFICIAL DOCUMENTS 67

ArT. 76. In all the cases provided for by the presentdeclaration

wherethe DiplomaticBody shall be called upon to intervene,except in
what concernsarticles64, 70, and 75, the decisionshall be reachedby
a majorityof the votes.

CHAPTER V.

A regulationconcerningthecustomsof theEmpire and therepressionof

fraudand smuggling.

ART. 77. Every captain of a merchantmancomingfroma foreignor

a Moorishportshall,withintwenty-four hoursafterhavingbeen granted
freepratique in any of the portsof the Empire,deposit at the customs
an exact copy of his manifest,signedby him and certified to by the ves-
sel's consignee. He shall furthermore, if required to do so, produce
beforethe customsauthoritiestheoriginalofhis manifest.
The customsshall have power to station one or more watchmenon
board to preventillicittrade.
ART. 78. The followingare exempt fromdepositingthe manifest:
10. Men-of-war or ships charteredforthe accountof a power.
20. Boats belongingto privateindividualsfortheirpersonaluse and
never carryingany merchandise.
30. Boats or craftused for shore fisheries.
4?. Yachts intendedonly as pleasure boats and registeredas such
at theirhome ports.
5?. Ships especially charged with laying down and repairingtele-
graphiccables.
60. Boats exclusivelyused in life-saving service.
7?. Hospital ships.
80. Trainingships of the merchantmarinenot engagedin commer-
cial operations.
ART. 79. The manifest depositedat the customsshallstate the nature
and origin of the cargo, with the marks and numbersof the cases,
bales, bundles,casks,etc.
ART. 80. If there is seriousreason to suspect the accuracyof the
manifest,or in case the captain of the ship should refuseto allow the
visit and verificationsof customsofficers, the case shall be broughtto
the attentionof the properconsularauthority,in orderthat the latter,
in companywitha delegateof the Shereefiancustoms,shall undertake
the investigations,visits,and verificationsthat he may judge necessary.
ART. 81. If aftertwenty-four hours,as stated in article77, the cap-
68 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

tain has not depositedhis manifest,he shall incur,unlessthe delay be a

case of vis major,a fineof 150 pesetas foreach day's delay; provided,
however,that the fineshall not exceed 600 pesetas. If the captain has
fraudulentlypresentedan inaccurateor incompletemanifest,he shall
be personallycondemnedto pav a sum equal to the value of the mer-
chandiseforwhichhe has failedto producethe manifest,and a fineof
from500 to 1,000pesetas, and the vessel and merchandiseshall be fur-
therliable to seizureby consularauthorityas securityforsuch fine.
ART. 82. Anypersonabout to pass throughthe customsmerchandise
importedor intendedfor exportationshall filein the custom-housea
detailed statementsettingforththe nature,quality, weight,number,
measurement, and value ofthemerchandise, as wellas thenature,marks,
and numbersofthepackagescontainingthesame.
ART.83. If thereshouldbe foundat the timeof the visitfewerpack-
ages or less merchandisethan declared,the declarant,unless able to
prove that he has acted in good faith,shall pay double duties forthe
missingmerchandise,and the merchandisepresentedshall be retained
in the customsas securityforsuch double duty. If on the contrary,
thereshould be foundat the time of the visit an excess of packages,or
quantity,or weightof the merchandise,this excess shall be seized and
confiscatedforthe benefitofthe Maghzen,unlessthe personmakingthe
declarationcan provehis good faith.
ART.84. If the declarationshouldbe foundinaccurateas to kindor
quality,and thedeclarantis unableto provehis good faith,the merchan-
dise wronglydeclared shall be seized and confiscatedby the proper
authorityforthe benefitofthe Maghzen.
ART. 85. If the declarationshould be found inaccurate as to the
declared value, and the declarantshould be unable to prove his good
faith.the customsmay eitherlevythe dutyin kind,then and there,or,
if the merchandiseis indivisible,take the said merchandiseby at once
payingto the declarantits declaredvalue, plus 5 per cent.
ART. 86. If the declarationshould be foundfalse as to the nature
of the merchandisethe lattershall be consideredas not having been
declared,and the offenseshall fallunderarticles88 and 90 hereinbelow,
and shall be punishedby the penaltiesprovidedforin the said articles.
ART. 87. The smuggling, flagrantor attempted,in or out ofthe coun-
try,by land or by sea, ofmerchandisesubjectto dutyshallbe punishable
by confiscationof the merchandise,withoutprejudiceto the penalties
and fineshereinbelow,which shall be imposed by the properjurisdic-
tion.
 OFFICIAL DOCUMENTS 69

In addition,the conveyanceson shoreshall be seized and confiscated

whensmuggledgoods formthe greaterpart ofthe load.
ART. 88. The smuggling,flagrantor attempted,in or out of the
country,througha port open to commerceor througha custom-house,
shall be punishedby a finenotto exceedtriplethe value ofthe merchan-
dise so smuggledand by imprisonment of fromfivedays to six months,
or by onlv one of thesepenalties.
ART. 89. The smuggling,flagrantor attempted,in or out of the
country,outsideof a portopen to commerceor of a custom-house, shall
be punishedby a fineof from300 to 500 pesetas,and by an additional
fineequal to threetimesthe value of the merchandise,or by imprison-
mentof froma monthto a year.
ART. 90. The accomplicesin offenses as providedby articles 88 and
89 shall be liable to the same penaltiesas the principals. The elements
constitutingcomplicityshall be adjudged accordingto the law of the
tribunalin chargeof the case.
ART. 91. In the case of smuggling, flagrantor attempted,in or out
of the country,by a vessel outside of a port open to commerce,the
Moorishcustomsshall have the rightto take such vessel to the nearest
port,to be turnedoverto the consularauthority,and the said authority
may seize and detain the vessel untilit shall have paid the amountof
the penaltiesimposed.
The vesselshall be releasedat any stage ofthe action,in so faras the
preliminary judicial proceedingsare not impededthereby,upon deposit
made with the consularauthorityof the maximumof the fine,or else
underresponsiblebail acceptedby the customs.
ART. 92. The provisionsof the precedingarticlesare also applicable
to coastingvessels.
ART. 93. Such merchandiseas is not subject to an export duty,
shippedin a Moorishportto be transportedby sea to some otherportin
the Empire,shall be accompaniedby a certificate issuedby the customs,
underpenaltyof beingsubjectedto the paymentof importduties,and
evenofbeingconfiscated, ifnotenteredin themanifest.
ART. 94. The transportation by coastingvesselsof productssubject
to exportdutiescan onlybe effectedby depositingat the custom-house
of the port of departurethe amountof exportdutieson such merchan-
dise and takingreceipttherefor.
This moneyshall be returnedto the depositorby the custom-house
where it was deposited,on productionof a declarationon which the
customscertifythe arrivalof such merchandiseand of the receiptfor
the deposit of the amount of the duties. The documentsprovingthe
70 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

arrivalof the merchandiseshall be producedwithinthreemonthsfrom

the timeofshipment. Afterthisterm,unlessthe delay be a case of vis
major,the amountdepositedshall becomethe propertvofthe Maghzen.
ART. 95. The importand export duties shall be paid cash at the
custom-housewhereliquidationhas been made. The ad valoremduties
shallbe liquidatedaccordingto the cash wholesalevalue ofthe merchan-
dise deliveredin the custom-houseand freefromcustomsduties and
storagedues. Damages to the merchandise,if any, shall be taken into
account in appraisingthe depreciationtherebycaused. Merchandise
can only be removedafterthe paymentof customsduties and storage.
The holdingofthe goods or the collectionof dutyshall,in everycase,
be made the subject of a regularreceipt deliveredby the officerin
charge.
ART. 96. The value of the chiefarticlesof merchandisedutiable in
the Moorishcustomsis to be appraisedeveryyear underthe conditions
specifiedin the foregoingarticleby a committeeon customsvaluations
meetingat Tangier,and consistingof-
]?. Three membersappointedby the MoorishGovernment.
2?. Three membersappointedby the Diplomatic Body at Tangier.
3?. One delegateof the State Bank.
40* One agent of the delegationof the 5 per cent Moroccanloan of
1904.
This committeeshall appointfromtwelveto twentyhonorarymem-
bers residentin Morocco,whom it shall consult when called upon to
determinethevalue,and wheneverit maysee fit. These honorarymem-
bers shall be selectedfromthe listsof notablesdrawnup in the case of
foreignsubjects by each legation,and in the case of Moorsby the Sul-
tan's representative. They shall be appointedas faras possiblein pro-
portionto the importanceofthe commerceofeach nation.
The committeeshall be appointedforthe termof threeyears.
The scheduleofvalues fixedby it shallserveas a basis forthe apprais-
als which the administrationof Moorishcustomsshall make in every
custom-house. It shall be posted at all custom-housesand in the chan-
ceriesof the legationsand consulatesat Tangier.
The schedulemay be revisedat the end of six monthsin case of con-
siderablechangesin the values ofcertainarticles.
ART. 97. A permanentcommittee,to be knownas the "Committee
of Customs,"shall be organizedat Tangierand appointedfora termof
threeyears. It shall consistof a special commissionerofHis Shereefian
Majesty,of a memberof the diplomaticor consularbody appointedbv
the DiplomaticBody at Tangier,and of a delegatefromthe State Bank.
 OFFICIAL DOCUMENTS 71

It shall be empoweredto add to its members,in an advisorycapacity,

one or morerepresentatives ofthe customsservice.
This committeeshall exerciseits high supervisionover the customs
seTrvice, and shall have the rightto propose to His ShereefianMajesty
such measures as are likelyto effectimprovementin the service and
assurethe regularityand supervisionofoperationsand collections(land-
ing,shipping,land transportation, handling,the incomingand outgoing
of merchandise,storage,appraisal,liquidationand collectionof duties.)
The creationof such a Committeeof Customsshall in no way infringe
the rightsstipulatedin favorofthe bondholdersby articles15 and 16 in
the loan contractofJune12th,1904.
Instructionsto be drawn up by the Committeeof Customs and the
servicesinterestedthereinshall determinethe detailsofthe enforcement
of article96 and of the presentarticle. They shall be submittedto the
advice and consentof the DiplomaticBody.
ART. 98. In custom-houseswhere sufficientwarehouses exist the
customsserviceshall take charge of the disembarkedmerchandiseas
soon as it is turnedover by the captain of the vessel to the officersin
chargeof the lighterage, who shall receipttherefor,and until such time
as it shall have been regularlyclearedfromthe customs. The customs
serviceis responsibleforinjuriescaused by loss ofor damageto merchan-
dise whichmay be imputedto the faultor negligenceofits officers. It
is not responsiblefordamagesresultingeitherfromthe naturaldecay of
merchandise,or fromtoo lengthya storagein the warehouse,or from
cases of vis major.
In custom-houses wherethereare not sufficientwarehousesthe agents
of the Maghzenare requiredonlyto employsuch means ofpreservation
as may be at the disposal of the custom-house.
A revisionofthe storageregulationsnow in forceshall be made under
the directionof the DiplomaticBody, whose decisionsshall be taken by
a majorityvote, in concertwith the ShereefianGovernment.
ART. 99. Confiscatedmerchandiseand conveyancesshall be sold
under directionof the customsservicewithineightdays fromthe date
of finaljudgmentrenderedby the competenttribunal.
ART. 100. The net proceeds of the sale of confiscatedmerchandise
and articlesbecomethe finalpropertyofthe State; as to pecuniaryfines
and compromisesthereof,the amount, afterdeductionof costs of all
kinds,shall be divided betweenthe ShereefianTreasuryand thosewho
have participatedin the repressionoffraudor smuggling:
One-thirdto be distributedby the customsamongthe informants,
One-thirdto the officerswho have seizedthe goods,
72 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

One-thirdto the MoorishTreasury.

If theseizurehas been made withouttheintervention ofan informant,
one-halfthe fineshall be awardedto the officersmakingthe seizureand
the otherhalfto the MoorishTreasury.
ART. 101. The Moorishcustomsauthoritiesshall directlyinform the
diplomaticor consularagentsof any violationsof thisregulationwhich
mayhave beencommitted by thoseundertheirjurisdiction,in orderthat
theymaybe prosecutedbeforethe competentcourt.
Similar violationsby Moorishsubjects shall be broughtdirectlyby
the customsbeforethe Shereefianauthority.
A delegateofthe customsshall be chargedto followthe legal proceed-
ings in cases pendingbeforethe severaljurisdictions.
ART. 102. Every confiscation, fine,or penaltymust be imposedon
foreigners by consularjurisdiction,and on Moorishsubjectsby Sheree-
fian jurisdiction.
ART. 103. In the region borderingon Algeria the enforcement of
theseregulationsshall be the exclusiveconcernof France and Morocco.
The enforcement of theseregulationsin the Riffand in generalin the
regionsborderingon the Spanish possessionsshall likewisebe theexclu-
sive concernofSpain and Morocco.
ART. 104. The provisionsofthepresentregulations, otherthanthose
relatingto penalties,may be revised by unanimous decision of the
Diplomatic Body at Tangier and in accord with the Maghzen,at the
expirationofa termoftwo yearsfromthe date oftheirtakingeffect.

CHAPTER VI.

A declarationrelativeto publicservicesand publicworks.

ART. 105. With a view to assuringthe applicationof the principle
of economic liberty without any inequality, the Signatory Powers
declare that none of the public servicesin the ShereefianEmpire can
be alienated forthe advantage of privateinterests.
ART. 106. In case the ShereefianGovernment shouldinvokethe aid
of foreigncapital or foreignindustryforthe workingof public services
or forthe operationof public works,roads, railways,ports,telegraphs,
and otherpublic works,the SignatoryPowers reserveto themselvesthe
rightto see to it that the authoritvof the State over thesegreatenter-
prisesofgeneralinterestremainsentire.
ART. 107. The validityofthe concessionswhichmay be made under
the terms of article 106, as well as for Governmentsupplies, shall,
throughoutthe ShereefianEmpire,be subordinatedto the principleof
 OFFICIAL DOCUMENTS 73

public awards on proposals,withoutpreferenceof nationality,when-

ever applicableunderthe rulesfollowedin foreignlaws.
ART. 108. As soon as the ShereefianGovernment shall have decided
to inviteproposalsforexecutionof public works,it shall so informthe
DiplomaticBody. It shall later communicateto it the plans, specifica-
tions,and all documentsannexed to the call forproposals,in orderto
enablethenationals of all the SignatoryPowers to forma clearidea of
the contemplatedworksand competeforthe same. A sufficient terrm
forthis shall be specifiedin the call forproposals.
ART. 109. The specificationsshall not contain, either directlyor
indirectly,any conditionor provisionwhichmay be prejudicialto free
competition,and which may give advantage to competitorsof one
nationalityover those of anothernationality.
ART. 110. The contractsshall be awardedin the formand according
to the generalconditionsprescribedby theregulationswhichthe Sheree-
fian Governmentshall draw up with the assistance of the Diplomatic
Body.
The contractsshall be awardedby the ShereefianGovernmentto the
bidder who,while conforming himselfto the specifications,shall have
submittedthebid fulfilling the mostadvantageousgeneralconditions.
ART. 111. The rules of articles106 to 110 shall be applied to con-
cessionsforworkingcorkforests,in accordancewiththe customarypro-
visionsin foreignlaws.
ART. 112. The Shereefian firmanshalldeterminetheconditionsofthe
concessionsand theworkingofminesand quarries. In the composition
of this firmanthe ShereefianGovernmentshall be guided by foreign
laws relatingto such matters.
ART. 113. If in the cases mentionedin articles106 to 112 it should
become necessaryto occupy certainproperty,its expropriationmay be
effectedby previous paymentof a fairindemnity,in conformity to the
followingrules:
ART. 114. Expropriationcan onlybe effected on the groundofpublic
utilityand whennecessityforthe same shall have been ascertainedby
any administrative investigation,theformalities ofwhichshall be deter-
mined by Shereefianregulationsdrawn up with the assistance of the
Diplomatic Body.
ART. 115. If the propertyholdersare Moorishsubjects, His Sheree-
fianMajestyshall take the necessarymeasures,that no hindranceshall
impedethe executionofworksthat he shall have declaredto be ofpublic
utility.
74 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

ART. 116. If the ownersare foreigners the methodof expropriation

shall be as follows:
In case of disagreementbetweenthe conmpetent administrationand
the ownerof the propertyto be expropriated,the indemnityshall be
fixedby a special jury,or,ifthe occasionarises,by arbitration.
ART. 117. This juryshall be composedofsix expertappraisers,three
to be selected by the owner,three by the administrationdesiringto
expropriate. A majorityvoteshallrule.
If therebe no majority,the ownerand the administration shall each
appoint an arbitrator,and the two arbitratorsshall name an umpire.
In case no agreementcan be reachedin selectingan umpirehe shall
be appointedby the Diplomatic Bodv at Tangier.
ART. 118. The arbitratorsshall be selectedfroma list drawnup at
the beginningof each year by the Diplomatic Body, and theyshall be
selected,as far as possible,fromexpertsnot livingwithin the district
in whichtheworkis to be carriedout.
ART. 119. The ownermay appeal fromthe arbitrators'decisionto
a competentjurisdiction:, and in accordancewiththe rulesset forarbi-
trationcases by thelaw ofthe countryto whichhe belongs.

CHAPTER VII.

Generalprovisions.
ART. 120. Witha viewto harmonizingits legislation, if the occasion
arises,withthe engagementscontractedunderthe presentGeneralAct,
each ofthe SignatoryPowersengagesto take the necessarysteps leading
to the enactmentof such legislationas may be necessaryso far as it is
concerned.
ART. 121. The presentGeneralAct shall be ratifiedaccordingto the
constitutionallaws of each state. The ratificationsshall be deposited
at Madridas soon as practicable,and at the latestby Decemberthirty-
first,one thousandninehundredand six.
A procesverbalshall be made ofsuch depositand a certified copysent
to each of the SignatoryPowers throughthe diplomaticchannel.
ART. 122. The presentGeneralAct shall enter into effectas soon
as all the ratificationsshall have been deposited,and at the latest on
Decemberthirty-first, one thousandninehundredand six.
In case the special legislativemeasureswhich may be necessaryin
certain countriesto insurethe applicationto theirnationalslivingin
MoroccoofcertainstipulationsofthispresentGeneralAct shall not have
been enacted by the date fixedforratification, these stipulationsshall
 OFFICIAL DOCUMENTS 75

onlv become applicablein respectto themafterthe legislativemeasures

above referred to shall have been promulgated.
ART. 123 and last. All treaties,conventions,and arrangementsof
the SignatoryPowers with Moroccoremainin force. It is understood,
however,that in case of conflictbetweentheirprovisionsand those of
the presentGeneralAct,the stipulationsofthe lattershall prevail.
In faithwhereofthe Delegates Plenipotentiary have signedthepresent
GeneralAct and have affixedtheirseals thereto.
Done at Algecirasthis seventhday of April,one thousandnine hun-
dred and six,in a singlecopy,whichshallremaindepositedin the archives
ofthe GovernmentofHis CatholicMajesty,and ofwhichcertified copies
shall be transmittedthroughthe diplomaticchannel to the Signatory
Powers.
For Germany:
[L. s.] JOSEPH DE RADOWITZ
[L. s.] TATTENBACH
For Austria-Hungary:
[L. S.] WELSERSHEIMB
[L. s.] BOLESTA-KoZIEBRODZKI
For Belgium:
[L. S.] JOOSTENS
[L. s.] COMTE CONRAD DE BUISSERET
For Spain:
[L. S.] EL DUQUE DE ALMODOVAR DEL Rio
[L. s. ] J. PE'REZ-CABALLERO
For the United States ofAmerica,withreservationofthe declaration
in the plenarysessionofthe conference
mnade on April7, 1906:
[L. s.] HENRY WHITE
[L. s.] SAMUEL R. GUMMERE
For France:
[L. s.] REIVOIL
[L. s.] REGNAULT
For Great Britain:
[L. s.] A. NICOLSON
For Italv:
[L. s.] VISCONTI VENOSTA
[L. s.] G. MALMUSI
For Morocco:

For the Netherlands:

[L. s.] H. TESTA
76 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

For Portugal:
[L. S.] CONDE DE TOVAR
[L. S.] CONDE DE MARTENS FERRAO
For Russia:
[L. S.] CASSINI
[L. S.] BASILE DE BACHERACHT

For Sweden:
[L. S.] ROBERT SAGER

ADDITrIONAL PROTOCOL.

On the pointofsigningthe GeneralAct ofthe Conference ofAlgeciras,

the delegatesofGermany,Austria-Hungary, Belgium,Spain, the United
States of America,France, Great Britain,Italy, the Netherlands,Por-
tugal,Russia and Sweden.
Taking into accountthe declarationof the delegatesof Moroccothat
theywerenot,forthepresent,in positionto affixtheirsignaturesthereto,
theybeingunable, owingto the distance,to receivean earlyreplyfrom
His ShereefianMajesty concerningthe points in regardto whichthey
deemedit theirduty to referto Him,
Reciprocallyengage,by virtueof theirrespectivefullpowers,to unite
theireffortstowardstheratificationofthesaid GeneralAct in its entirety
by His ShereefianMajestyand towardsthe simultaneousenforcement of
the reformsthereinprovidedwhichare interdependent.
They thereforeagreeto chargeHis ExcellencyMr. Malmusi,Minister
of Italy to Morocco and Dean of the DiplomaticCorps at Tangier,to
take the necessarysteps to that end by calling the attentionof His
Majestythe Sultan to the great advantages that His Empire would
derivefromthe stipulationsadopted at the conferenceby the unanimous
actionof the SignatoryPowers.
The adhesiongivenby His ShereefianMajestyto the GeneralAct of
the Conferenceof Algecirasshall be communicatedthroughthe Govern-
mentof His CatholicMajestyto the Governments ofthe otherSignatory
Powers. This adhesion shall have the same forceas if the delegates
of Moroccohad affixedtheirsignaturesto the GeneralAct and willtake
the place ofratification
by His ShereefianMajesty.
In witnesswhereof,the delegatesof Germany,Austria-Hungary, Bel-
gium,Spain, the UnitedStates ofAmerica,France,GreatBritain,Italy,
the Netherlands,Portugal,Russia, and Swedenhave signedthe present
additionalprotocoland affixedtheirseals thereto.
 OFFICIAL DOCUMENTS 77

Done at Algecirason the seventh day of April,one thousand nine

hundredand six,in a singlecopy,whichshallremainfiledin the archives
ofthe GovernmentofHis CatholicMajesty,and ofwhichcertifiedcopies
shall be deliveredto the SignatoryPowersthroughthe diplomaticchan-
nel.
For Germany:
[L. S.] JOSEPH DE RADOWITZ
[L. S.] TATTENBACH
For Austria-Hungary:
[L. S.] WELSERSHEIMB
[L. S.] BOLESTA-KOZIEBRODZKI
For Belgium:
[L. S.] JOOSTENS
[L. S.] COMTE CONRAD DE BUISSERET
For Spain:
[L. S.] EL DUQUE DE AILMODDvAR DEL Rio
[L. S.] J. PE1REZ-CABALLERO
For the United States of America,withreservationof the declaration
made in the plenarysessionof the conference
on April7, 1906:
[L. S.] HENRY WHITE
[L. S.] SAMUEL R. GIJMMERE
For France:
[L. S.] R1voii,
[L. S.] REGNAULT
For GreatBritain:
[L. S.] A. NIcOLSON
For Italy:
[L. S.] VISCONTI VENOSTA
[L. S.] G. MALMUSI
For Morocco:

For the Netherlands:

[L. S.] H. TESTA
For Portugal:
[L. S.] CONDE DE TOVAR
[L. S.] CONDE DE MARTENS FERRAO
For Russia:
[L. S.] CASSINI
[L. S.] BASILE DE BACHERACHT
For Sweden:
[L. S.] ROBERT SAGER
78 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Translationofthe ReservationMade in French,at the Session of April

7, by AmbassadorWhite,and Mentionedover the Signaturesof the
AmericanDelegates to the General Act and Additional Protocol.
The Governmentof the United States, havingno politicalinterestin
Moroccoand no desireor purposehavinganimatedit to take part in this
conferenceother than to secure for all peoples the widest equality of
trade and privilegewith Morocco and to facilitatethe institutionof
reformsin that countrytendingto insurecompletecordialityof inter-
course withoutand stabilityof administrationwithinforthe common
good, declaresthat, in acquiescingin the regulationsand declarationsof
the conference,in becominga signatoryto the GeneralAct of Algeciras
and to the additionalprotocol,subject to ratificationaccordingto con-
stitutionalprocedure,and in acceptingthe applicationof those regula-
tions and declarationsto Americancitizensand interestsin Morocco,it
does so withoutassumingobligationor responsibility fortheenforcement
thereof.

Conventionbetuceenthe UnitedKingdom and China respectingTibet,

signedApril 27, 1906.1
WHEREAS,His Majestythe King of Great Britainand Ireland and of
the British Dominions Beyond the Seas, Emperor of India, and His
Majesty the Emperorof China are sincerelydesirousto maintain and
perpetuatetherelationsoffriendship and good understanding whichnow
exist between their respectiveEmpires;
AND WHEREAS, the refusalof Tibet to recognizethe validityof or to
carryinto full effectthe provisionsof the Anglo-ChineseConvention
of March 17, 1890, and Regulationsof December5th, 1893,placed the
BritishGovernmentunderthe necessityof takingsteps to secure their
rightsand interestsunder the said Conventionand Regulations;
AND WHEREAS, a Conventionof ten Articleswas signed at Lhasa on
September7th, 1904 on behalf of Great Britain and Tibet, and was
ratifiedby theViceroyand Governor-General ofIndia on behalfofGreat
Britainon November11th,1904,a declarationon behalfof GreatBritain
modifyingits termsunder certain conditionsbeingappendedthereto;
His BritannicMajesty and His Majesty the Emperorof China have
resolved to conclude a Conventionon this subject and have for this
purposenamedPlenipotentiaries, that is to say:
His Majesty the King of Great Britain and Ireland:
Sir Ernest Mason Satow, Knight Grand Cross of the Most Dis-
IParliamentary Papers: Treaty Series, 1906.