European Treaties Affecting Morocco, Moroccan History

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GENERAL ACT of the Algeciras Conference relating to the Affairs

of Morocco (Great Britain, Austria-Hungary, Belgium, France,


Germany, Italy, Morocco, Netherlands, Portugal, Russia, Spain,
Sweden, United States). Signed at Algeciras, April 7, 1906.

[Ratifications deposited at Madrid, December 31, 1906.]

Au nom de Dieu tout-Puissant !

Its Majesty the Emperor of Germany, King de Prusse, in the name of the
German Empire; Its Majesty the Emperor of Austria, King de Bohême, &c.,
and King Apostolique of Hungary; Its Majesty the King of the Belgians; Its
Majesty the King of Spain; the President of the United States of America; the
President of the French Republic; Its Majesty the King of the United Kingdom
of Great Britain and Ireland and of the British Territories beyond the Seas,
Emperor of the Indies; Its Majesty the King of Italy; Its Majesty the Sultan of
Morocco; Its Majesty the Queen of the Netherlands; Its Majesty the King of
Portugal and Algarves, &c.; Its Majesty the Emperor of All Russies; its Majesty
the King of Sweden, himself take as a starting point the interest which himself
attach with it that the command, the peace, and the prosperity reign in
Morocco, and have recognize that this goal invaluable know be reach only
with the help of the introduction of reform base on the triple principle of
sovereignty and of independence of Its Majesty the Sultan, some integrity of
its State, and some freedom economic without no inequality, have solve, on
the invitation which them have be address by Its Majesty Of the sherifs, to
join together a Conference with Algeciras to arrive with an agreement on the
known as reform, like to examine the means to himself get the resource
necessary with their application, and have name for their Delegate
Plenipotentiary, knowledge:

Its Majesty the Emperor of Germany King de Prusse, in the name of the
German Empire: Sieur Joseph de Radowitz, his Ambassador extraordinary
and Plenipotentiary close His Catholic Majesty; and Sieur Christian, Count de
Tattenbach, his Extraordinary Envoy and Ambassador plenipotentiary close
His Very-Faithful Majesty;

Its Majesty L Emperor of Austria, King de Bohême, &c., and King Apostolique
of Hungary: Sieur Rodolphe, Count de Welsersheimb, his Ambassador
extraordinary and Plenipotentiary close His Catholic Majesty; and Sieur
Léopold, Count Bolesta-Koziebrodzki, his Extraordinary Envoy and
Ambassador plenipotentiary in Morocco;

Its Majesty the King of the Belgians: Sieur Maurice, Baron Joostens, his
Extraordinary Envoy and Ambassador plenipotentiary close His Catholic
Majesty; and Sieur Conrad, Count de Buisseret-Steenbecque de Blarenghien,
its Extraordinary Envoy and
Ambassador plenipotentiary in Morocco;
Its Majesty the King of Spain: Gift Manual Juan Sanchez y Gutiérrez of Castro,
Duke of Almodóvar del Río, its Minister of State and Don Juan Pérez-Caballero
there To shoe, his Extraordinary Envoy and Ambassador plenipotentiary
close His Majesty the King of the Belgians;

The President of the United States of America: Sieur Henry White


Ambassador extraordinary and Plenipotentiary of the United
States of America close Its Majesty the King of Italy; and Sieur Samuel R.
Gummeré, Extraordinary Envoy and Ambassador plenipotentiary of the
United States of America in Morocco;

The President of the French Republic: Sieur Paul Révoil, Ambassador


extraordinary and Plenipotentiary of the French
Republic near the Swiss Confederation; and Sieur Eugene Regnault,
Ambassador plenipotentiary;

Its Majesty the King of the United Kingdom of Great Britain and Ireland, and
of the British Territories beyond the Seas, Emperor of the Indies: Sir Arthur
Nicolson, his Ambassador extraordinary and Plenipotentiary close

His Majesty the Emperor of All Russies;

Its Majesty the King of Italy: Sieur Emile, Marquis Visconti Venosta, Knight
about theHolyone; and Sieur Giulio Malmusi, its Extraordinary Envoy and
Ambassador plenipotentiary in Morocco;

Its Majesty the Sultan of Morocco: El-Hadj Mohamed Ben-el-Arbi Ettorrés, his
Delegate in Tangier and his Ambassador extraordinary; El-Hadj Mohamed-
Ben-Abdesselam-el-Mokri, his Minister for the Expenditure; El-Hadj
Mohamed-Be -Seffar; and Sid Abderrhaman Bennis;

Its Majesty the Queen of the Netherlands: Sieur Jonkheer Hannibal Tested, his
Extraordinary Envoy and Ambassador plenipotentiary close His Catholic
Majesty;

Its Majesty the King of Portugal and Algarves, &c.: Sieur Antoine, Count de
Tovar, his Extraordinary Envoy and Ambassador plenipotentiary close His
Catholic Majesty; and Sieur François Robert, Count de Martens Ferrao, Par of
the Kingdom, its Extraordinary Envoy and Ambassador plenipotentiary in
Morocco;

Its Majesty the Emperor of All Russies: Sieur Arthur, Count Cassini, his
Ambassador extraordinary and Plenipotentiary close His Catholic Majesty;
and Sieur Basile Bacheracht, his Minister in Morocco;

Its Majesty the King of Sweden; Sieur Robert Sager, his Extraordinary Envoy
and Ambassador plenipotentiary close His Catholic Majesty and Its Very
Faithful Majesty;

Which, provided with full powerss, which were found in due form, have, in
accordance with the program on which Its Majesty Of the sherifs and
Puissances fell from agreement, successively discussed and adopted:
I A Declaration relating to the organization of the police;

II. A Regulation on the monitoring and the repression of the smuggling of


the weapons;

III. An Act of Concession of a Moroccan Bank of State;

IV. A declaration concerning a better output of the taxes and the creation
of new incomes;

V. A Payment on the Customs of the Empire and the repression of the


fraud and smuggling;

VI. A Declaration relating to the Services and Public works; and, having
judged that these various documents could usefully be coordinated in
only one instrument, joined together them in a General Act composed of
the following
Articles:
CHAPTER I
Déclaration relating to the Organization of the Police. Art.

1. The Conference, called by Its Majesty the Sultan to come to a conclusion


about measurements necessary to the Police, declares that the provisions to
be taken are the following ones:

2. The police will be placed under the sovereign authority of Its Majesty the
Sultan. It will be recruited by Makhzen among the Moroccan Moslems, will be
controlled by of Caïds Marocains and will be distributed in the eight ports
open to the trade.

3. To come to assistance with Sultan in the organization of this police, of


officer and warrant officer instructor Spanish, of officer and warrant officer
instructor French, be put with its provision by their Government respective,
which subject their designation with approval of Its Majesty Of the Sherifs. a
contract sign between the Makhzen and the instructor, in conformity of
Payment envisage with Article

4, Determine the condition of their engagement and fix their balance, which
can not be lower with double of pay corresponding with rank of each officer
or warrant officer. It will be allocated to them, moreover, a variable local
allowance according to the localities. Suitable residences will be placed at
their disposal by Makhzen, which will also provide mountings and fodder
necessary.

The Governments to which arose the instructors reserve the right to recall
them and to replace them by others, approved and engaged under the same
conditions.

4. These officers and warrant officers will lend, for one five years duration
from the ratification of the Proceedings of the Conference, their contest with
the organization of the bodies of Chérifiens police. They will ensure the
instruction and the discipline in accordance with the Payment which will be
established on the matter; they will also take care that the enroled men have
military serviceability . Generally, they will have to supervise the
administration of the troops and to control the payment of the pay which will
be carried out by Amin, assisted of the officer countable instructor. They will
lend to the Marocaines authorities, invested command of these bodies, their
technical contests for the exercise of this command.

The regulations suitable to ensure recruitment, the discipline, the instruction


and the administration of the bodies of police will be stopped by mutual
agreement between the Minister of the War Of the sherifs or his delegate, the
Inspector envisaged in Article 7, the French instructor and the Spanish
instructor highest in rank.

The Payment will have to be subjected to the Diplomatic corps in Tangier,


which will formulate its opinion within one month. Passed this time, the
Payment will be applied.

5. The total manpower of the troops of police will not have to exceed 2,500
men nor to be lower than 2,000. It will be distributed according to the
importance of the ports by groups varying from 150 to 600 men. The number
of the Spanish and French officers will be 16 to 20; that of the Spanish and
French warrant officers from 30 to 40.

6. The funds necessary to the maintenance and the payment of the pay of the
troops and to the officers and warrant officers instructors will be advanced
with the Treasury Of the sherifs by the Bank of State within the limits of the
annual budget allotted to the font, which will not have to exceed 2,500,000
pesetas for a manpower of 2,500 men.

7. The operation of the police will be, for the same period of five years, the
object of a general inspection, which will be entrusted by Its Majesty Of the
sherifs to a higher officer of the Suisse army, whose choice will be proposed
with its approval by the Swiss Federal Government. This officer will take the
title of Inspector-General and will have his residence in Tangier. He will
inspect, at least once per annum, the various bodies of police, and, following
these inspections, he will draw up a Report/ratio which he will address to
Makhzen. Apart from the regular Reports/ratios it will be able, if it considers
it necessary, to draw up special Reports/ratios on any question concerning the
operation of the font. Without intervening directly in the command or the
instruction, the Inspector-General will realize of the results obtained by the
Chérifienne font to the point of view of the maintenance of law and order and
of the security in the localities of this police will be installed.

8. the Report and communication make with Makhzen by the Inspector-


General about its mission be at the same time give in copy with senior of
Diplomatic corps to Tangier, so that the Diplomatic corps be put capable note
that the police of the sherifs function in accordance with decision taken
prises by the Conference, and to supervise if it guarantee of a manner
effective and conform with Treaty the security of person and of good of
national foreign like that of commercial transaction commerciales.
9. In the event of complaints whose Diplomatic corps would be seized by
interested Legation the Diplomatic corps will be able, by warning the
Representative of the Sultan, to require of the Inspector-General to make an
investigation and to draw up a Report/ratio into these complaints, for
whatever purpose it may serve.

10. The Inspector-General will receive an annual processing of 25,000 Fr. He


will be allocated to him, moreover, an allowance of 6,000 FR. for expenses of
rounds. Makhzen will place at its disposal a suitable house and will provide
for maintenance with its horses.

11. The material conditions of its engagement and its installation, envisaged
in Article 10, will make the object of a Contract signed between him and
Makhzen. This Contract [ sic ] will be communicated in copy with the
Diplomatic corps.

12. The framework of the instructors of the font Chérifienne (officers and
warrant officers) will be Spanish in Tétouan, mixed with Tangier, Spaniard
with Larache, French with Reduction, mixed with Casa Blanca, and French in
the three other ports.
CHAPTER II
Regulation on the Monitoring and there Repression of the Smuggling of the
Weapons.

13. Are prohibited in all the extent of the Empire Of the sherifs, except in the
cases specified in Articles 14 and 15, the importation and the trade of the
weapons of war, parts of weapons, charged ammunition or not in charge of
all species, powders, salpetre, gun cotton, nitroglycerine, and all compositions
intended exclusively for the manufacture of the ammunition.

14. The explosives necessary to industry and public works could nevertheless
be introduced. A Payment, taken in the forms indicated to Article 18, will
determine the conditions in which will be carried out their importation.

15. Weapons, parts of weapons, and ammunition intended for the troops of
Its Majesty Of the sherifs will be allowed after the achievement of the
following formalities: A declaration, signed by the Moroccan Minister for the
War, stating the number and the species of the supplies of this kind ordered
from foreign industry will have to be presented to the Legation of the country
of origin, which will affix its visa there. The taking out of bond of the cases
and parcel containing the weapons and ammunition, delivered pursuant to
the ordering of the Moroccan Government, will be operated on production 1.
Declaration specified above. 2. Bill of lading indicating the number, the
weight of the parcels, the number, and the species of the weapons and
ammunition which they contain. This document will have to be aimed by the
Legislation of the country of origin, which will mark with the back the
successive quantities previously cleared. The visa will be refused as from the
moment when the command will have been completely delivered.

16. The importation of the weapons of hunting and luxury, parts of weapons,
cartridges, charged and noncharged, is also prohibited. It will be able,
however, being authorized 1. For the strictly personal needs of the importer.
2. For the provisioning of the armories authorized in accordance with Article
18.

17. The weapons and ammunition of hunting or luxury will be allowed for
the strictly personal needs of the importer on the production of a licence
delivered by the Representative of Makhzen in Tangier. If the importer is
foreign the licence will be established only on the request of the Legation
which it concerns. With regard to the ammunition of hunting, each licence
will relate to the maximum to 1,000 cartridges, or the supplies necessary to
the manufacture of 1,000 cartridges. The licence will be given only to people
not having incurred any correctional judgment.

18. The trade of the weapons of hunting and luxury, not striped, of foreign
manufacture, as of the ammunition which are referred to it, will be regulated,
as soon as the circumstances allow it, by Chérifienne decision, taken in
accordance with the opinion of the Diplomatic corps in Tangier, ruling in the
majority of the voices. It will be the same for the decisions having for goal to
suspend or restrict the exercise of this trade. Only the people having obtained
a special and temporary licence Moroccan Government will be allowed to
open and exploit flows of weapons and ammunition of hunting. This licence
will be granted only on written request of the interested party, supported of a
favourable opinion of the Legation which it concerns. Payments taken in the
form indicated at the paragraph first of this Article will determine the
number of the flows which can be opened in Tangier, and, possibly, in the
ports which will be indicated later on. They will fix the formalities imposed
on the importation of the explosives for the use of industry and public works,
of the weapons and ammunition intended for the provisioning of the flows,
as well as the maximum quantities which could be preserved in deposit. In
the event of infringements with the lawful regulations, the licence could be
withdrawn temporarily or on a purely final basis, without prejudice to the
other sorrows incurred by the delinquents.

19. Any introduction, or attempt of introduction, the prohibited goods will


give place to their confiscation, and, moreover, with the sorrows and fines
below, which will be pronounced by the court of jurisdiction.

20. The introduction, or attempt at introduction, by a port open to the trade or


a customs house will be punished 1. Of a fine from 500 to 2,000 pesetas and
an additional fine equalizes with three times the value of the imported goods;
2. Of a imprisonment of five J bear at one year, or one of the two penalties
only.

21. The introduction, or attempt at introduction, apart from a port open to the
trade or of a customs house will be punished 1. Of a fine from 1,000 to 5,000
pesetas and of an additional fine equalizes with three times the value of the
imported goods; 2. Of a three months imprisonment to two years, or one of
the two penalties only.

22. The fraudulent sale, the concealment, and the hawking of the goods
prohibited by this Payment will be punished sorrows enacted in Article 20.
23. The accomplices of the offences envisaged in Articles 20, 21, and 22 will
be liable to the same sorrows as the principal authors. The elements
characterizing complicity will be appreciated according to the legislation
seized Court. 24. when it there have some index serious make suspect that a
ship wet in a port open with trade transport for their introduction with
Morocco of weapon, of ammunition, or some other goods prohibit, the agent
of Custom Of the sherifs must announce these index with authority Consular
qualified, so that this one proceed, with the assistance of a delegate of Custom
Of the sherifs, with investigation, checking, or visit that it judge necessary.

25. In the case of introduction, or attempt at introduction, by sea of


prohibited goods, apart from a port open to the trade, the Moroccan Customs
will be able to lead the ship to the port to be given nearest to the Consulaire
authority, which will be able to seize it and maintain the data entry until the
payment of the marked fines. However, the data entry of the ship will have to
be raised, in any state of the authority, as a this measurement will not block
the legal instruction, on consignment of the maximum amount of the fine
between the hands of the Consulaire authority or in bond solvent to pay it,
accepted by the Customs.

26. Makhzen will preserve the confiscated goods, is for its own use, if they can
be useful to him, provided that the subjects of the Empire cannot get some,
that is to say to make them sell in foreign country. The means of transport to
ground could be confiscated and will be sold with the profit of the Treasury
Of the sherifs.

27. The sale of the weapons reformed by the Moroccan Government will be
prohibited in all the extent of the Empire Of the sherifs.

28. Premiums to be taken on the amount of the marked fines will be allotted
to the indicators which will have brought the discovery of the prohibited
merchandises and to the agents which will have operated the data entry of it;
these premiums will be thus allotted after deduction, if it is necessary, of the
expenses of the lawsuit, a third to be distributed by the Customs between the
indicators, a third with the agents having seized the goods, and a third with
the Moroccan Treasury. If the data entry were operated without ]'
intervention of an indicator, half of the fines will be allotted to the seizing
agents and other half to the Treasury Of the sherifs.

29. The Moroccan customs authorities will have to announce directly to the
Diplomatic agents or Consular the infringements with the present Payment
made by their nationals, so that those are continued in front of the court of
jurisdiction. The same infringements, made by Moroccan subjects, will be
submitted directly by the Customs with the Chérifienne authority. A Delegate
of the Customs will be charged to follow the procedure of the hanging
businesses in front of the various jurisdictions.

30. In the area border of Algeria, the application of the Payment on the
smuggling of the weapons will remain the exclusive business of France and
Morocco. In the same way, the application of the Payment on the smuggling of
the weapons in Riff and, in general, the areas borders of the possessions
Spanish be, will remain L ' business exclusive of Spain and Morocco.
CHAPTER III
Act of Concession of a Bank of State.

31. A bank will be instituted in Morocco under the name of " Bank of State of
Morocco, " to exert the rights specified hereafter whose concession is granted
to him by Its Majesty the Sultan, for one duration forty years starting from
the ratification of this Act.

32. The Bank, which will be able to carry out all the operations re-entering in
attributions of a bank, will have the exclusive privilege to issue bearer orders,
refundable with presentation, having legal tender force in the Public Cases of
the Moroccan Empire. The Bank will maintain, for the two years term as from
the date of its input in functions, one boxes at least equalizes with half of its
tickets in circulation, and at least equal to the third after this two years
completed period. This boxes will be made up for at least a third out of gold
or currency gold.

33. The Bank will fill, other than very other banks or credit institution, the
functions of Treasurer-Payer of the Empire. To this end, the Moroccan
Government will take measurements necessary to make pour in the cases of
the Bank produces it incomes of the customs, other than the affected part
with the service of the Loan of 1904 and other incomes which it will indicate.
As for the product of the special tax created for the achievement of certain
public works, E Moroccan Gouvernement will have to make it pour at the
Bank, as well as the incomes which it could later on assign to the guarantee
its loans, the Bank being especially charged to ensure the service of it, except,
however, of the Loans of 1904 which is governed by a special Contract.

34. The Bank will be the financial agent of the Government, as well with the
inside as with the outside of the Empire, without prejudice to the right for the
Government to address itself to other houses of bank or credit institutions for
its public loans. However, for the known as loans, the Bank will enjoy a right
preferably, in equal conditions, on any house of bank or credit institution.
But, for the effect and Treasury bills other short-term Treasury that the
Moroccan Government would like to negotiate, without being the subject of a
public emission of it, the Bank will be charged, other than all other
establishment, making the negotiation with it, either in Morocco, or abroad,
on behalf of the Moroccan Government.

35. To be worth on the re-entries of the Treasury, the Bank will make with the
Moroccan Government advances in account-current to amount of a million
francs. The Bank will open, moreover, with the Government, for one ten
years duration
starting from its constitution, a credit which will not be able to exceed two
thirds of its start-up capital. This credit will be distributed on several years
and employee initially with the expenditure of installation and maintenance
of the bodies of font
organized in accordance with the decisions taken by the Conference, and
subsidiarily with the expenditure of work of general interest which would
not be charged to the funds special not envisaged to the following Article.
The rate of these two advances will be to the maximum of 7 percent, banker's
commission included/understood, and the Bank will be able to require of the
Government to give to him in guarantee of their amount an equivalent nap in
Treasury bills.

If, before the ten years expiry, the Moroccan Government came to negociate
a loan, the Bank would have faculty to obtain the immediate refunding of the
advances made in accordance with the second subparagraph of this Article.

36. The product of the special tax (Articles 33 and 66) will form funds special
of which the Bank will hold an accountancy separately. This funds will be
employed in accordance with the regulations stopped by the Conference.

In the event of insufficiency and to be worth on the later re-entries, the Bank
will be able to open at this funds a credit whose importance will not exceed
the amount of the cashings during the former year

The conditions of rate and commission will be the same ones as those
attached to the preceding Article for the advance in account-current with the
Treasury.

37. The Bank will take measurements which it will judge useful to cleanse the
monetary situation in Morocco. The Spanish currency will continue to be
allowed with circulation with legal tender force.

Consequently, the Banque will be exclusively in charge of the purchase of the


noble metals, the striking and the recoinage of moneys, as of all other
monetary operations which it will make for the account and with the profit of
the Moroccan
Government.

In the event of insufficiency and to be worth on the later re-entries, the Bank
will be able to open at this funds a credit whose importance will not exceed
the amount of the cashings during the former year

The conditions of rate and commission will be the same ones as those
attached to the preceding Article for the advance in account-current with the
Treasury.

38. The Bank, whose registered office will be in Tangier, will establish
branches and agencies in the
principal cities of Morocco and all other place where it will consider it
useful.

39. The sites necessary to the establishment of ]a Banque as well as its


branches and agencies in Morocco will be placed free at its disposal by the
Government and, with the expiry of the concession, the Government will take
again possession and refund of it at the Bank the expenses of construction of
these establishments. The Bank, moreover, will be authorized to acquire any
building and ground which it could need for the same object.

40. The Government Of the sherifs will ensure under its responsibility the
safety and protection for the Bank, of its branches and agencies. To this end, it
will place in each city a sufficient guard at the disposal of each one of these
establishments.

41. The Bank, its branches and agencies will be free from any tax or ordinary
or extraordinary royalty, existing or to create; it is the same for the buildings
assigned to its services, the titles and cut its actions and its tickets. The import
and the export of metals
and currencies intended for the operations of the Bank will be authorized
and free from straight.

42. The Government Of the sherifs will exert its high monitoring on the Bank
by a Moroccan High commissioner, named by him, after preliminary
agreement with the Council D ' Administration of the Bank. This High
commissioner will have the right to take note of the management of the Bank;
he will control the emission of banknotes and will take care of the strict
observation of the provisions of the concession. The High commissioner will
have to sign each ticket or to affix his seal there; he will be in charge of the
monitoring of the relations of the Bank with the Imperial Treasury. He will
not be able to involve himself in the administration and the management of
the businesses of the Bank, but he will always have the right to attend the
meetings of the Critics. The Government Of the sherifs will name one or two
assistant Police chiefs who will be especially charged to control the financial
transactions of the Treasury with the Bank.

43. A Payment, specifying the reports/ratios of the Bank and the Moroccan
Government, will be established by the special Committee envisaged in
Article 57 and approved by the Critics.

44. The Bank, made up with approval of the Government of Its Majesty Of the
sherifs, in the form of the Limited companies, is governed by the French law
on the matter.

45. The actions brought in Morocco by the Bank will be carried in front of the
Commercial court of the defendant or the Marocaine jurisdiction, in
accordance with the terms of reference laid down by the Treaties and
Firmans Chérifiens. The actions brought in Morocco against the Bank will be
carried in front of a special Court, composed of three Consular Magistrates
and two Assessors. The Diplomatic corps will establish, each year, the list of
the Magistrates, the Assessors, and their substitutes. This Court will apply to
these causes the rules of right, procedure and competence enacted in
commercial matters by the French legislation. The call of the judgements
pronounced by this Court will be carried before the Federal Court of
Lausanne which will
rule in last spring.

46. In the event of dispute on the clauses of the Concession or litigations being
able to occur between the Moroccan Government and the Bank, the
disagreement will be subjected, without call nor recourse, at the Federal
Court of Lausanne. Will be also subjected at this Court, without call nor
recourse, all the disputes which could rise between los shareholders and the
Bank on the execution of the Statutes or at a rate of the social affairs.
47. The Statutes of the Bank will be established according to the following
bases by a special Committee envisaged by Article 57. They will be approved
by the Critics and will be ratified by the general meeting of the shareholders.

48. The general meeting constitutive of the Company will fix the place where
will take place themselves the assemblies of the
shareholders and the board meetings; however, this last will have faculty to
meet in all other city q' it considers it useful. The Management of the Bank
will be fixed in Tangier.

49. The Bank will be managed by a Board of directors made up of as many


members than it will be made shares in the start-up capital. The
Administrators will have the capacities most extended for the administration
and the management of the Company; it is them in particular which will
appoint the Directors, Under-Directors and Members of the Commission,
indicated to Article 54, as well as the Directors of the branches and agencies.
All the employees of the Company will be recruited, as much as possible,
among the nationals of the various Powers which took part in the
subscription of the capital.

50. The Administrators, whose nomination will be made by the general


meeting of the shareholders, will be appointed with his approval by the
subscribers groups to the capital. The first Council will remain in functions
during five years. With the expiry of this time, will be carried out to its
renewal at a rate of three members per annum. The fate will determine the
command of output of the Administrators; they will be re-eligible. With the
formation of the Company, each subscriber group will have the right to
appoint Administrators as many than it will have subscribed of whole shares,
without the groups being obliged to choose a candidate of their own
nationality. The subscribers groups will not preserve their right of
Administrator nomination, during the replacement of the latter or of the
renewal of their mandate, that as much as they will be able to still justify to
be in possession of at least half of each share for which they exert this right.
In the case where, in consequence of these provisions, a subscriber group
would not be any more able to appoint an Administrator, the general meeting
of the shareholders would provide directly for this designation.

51. Each establishment hereafter: Bank of the Empire German, Banque of


England, Banque of Spain, Banque of France, will name, with the approval of
its Government, a Critic near the Bank d`Etat of Morocco. The Critics will
remain in functions during four years. The outgoing Critics can be appointed
again. In the event of death or with resignation it will be filled the vacancy by
the establishment which carried out the holder nomination former, but only
for time when this last was to remain in load.

52. The Critics who will exercise their mandate under the terms of the present
Act of the Powers Signatories will have, in the interest of those, to take care
on the correct operation of the Bank, and to ensure the strict observation of
the clauses of the Concession and the Statutes. They will take care of the exact
achievement of the regulations concerning the emission of the tickets, and
will have to supervise the operations tending to the improvement of the
monetary situation; but they will never be able, under some pretext that it is,
to involve itself in the management of the businesses nor in the interior
administration of the Bank. Each Critic will be able to examine in any time
the accounts of the Bank, to require, either with the Board of directors, or
with Management, information on the management of the Bank, and to
attend the board meetings, but only with advisory voice. The four Critics will
meet in Tangier, in the exercise of their functions, at least once every two
years, at a date to be concerted between them. Other meetings in Tangier or
elsewhere will have to take place if three of the Critics require it. The four
Critics will draw up, by mutual agreement, an Annual report, which will be
attached to that of the Board of directors. The Board of directors will
transmit, without delay, a copy of this Report/ratio to each Government
Signatories of the Proceedings of the Conference.

53. The emoluments and travel allowances, assigned to the Critics, will be
establish by the Committee of Study
of the Statutes. They will be directly versed with these agents by the banks in
charge of their designation, and refunded with these establishments by the
State Bank of Morocco.

54. It will be instituted in Tangier near Management a Commission, of which


the members will be chosen by the Board of directors, without reference to
nationality, by the notable ones residing in Tangier, owners of actions of the
Bank. This Commission, which will be chaired by one of the Directors or
Under-Directors, will deliver its opinion on the discounts and openings of
appropriations. It will address a monthly Report/ratio on these various
questions to the Board of directors.

55. The capital, whose importance will be fixed by the special Committee
indicated at Article 57, without being able to be lower than 15,000,000 FR.,
nor higher than 20,000,000 FR., will be formed in currency but, and the
actions, whose cuts will represent a value equivalent to 500 FR., will be made
out in the various currencies but, with a fixed exchange, determined by the
Statutes. This capital could be increased later on, in one or more time, by
decision of the general meeting of the shareholders. The subscription of these
new issues of capital will be reserved for all the carriers of action, without
reference to group, proportionally with the titles had by each one of them.

56. The start-up capital of the bank will be divided into as many equal shares
than there will be fascinating parts among the Powers represented with the
Conference To this end, each Power will indicate a Bank, which will exert,
either for itself, or for a group of banks, the application right Ci specified
above, as well as the right of Administrator nomination envisaged to Article
50. Any bank chosen as head of group will be able, with the authorization of
its Government, being replaced by another bank of the same country. The
States, which would like to be prevailed of their application right, will have to
communicate this intention with the Royal Government of Spain within four
week, starting from the signature of this Act by the Representatives of the
Powers. However, two shares equal to those reserved for each subscribers
group will be allotted to the Consortium of the banks signatories of the
Contract of June 12, 1904, in compensation of the transfer which will be made
by the Consortium with the State Bank of Morocco: 1. Rights specified to
Article 33 of the Contract. 2. Right registered to Article 32 (§2) of the Contract,
concerning the balance in hand of the customs receipts provided express of
the general privilege conferred in first rank by Article 11 of the same Contract
on the stockholders on the totality of the product of the customs.

57. Within three week starting from the subscription closure, notified by the
Royal Government of Spain to the interested Powers, a special Committee,
composed of Delegates named by the subscribers groups, under the
conditions envisaged in Article 50 for the appointment of the Administrators,
will meet in order to work out the Statutes of the bank. The general meeting
constitutive of the Company will take place within two month, starting from
the ratification of this Act. The role of the special Committee will cease at once
after the formation of the Company. The special Committee will fix itself the
place of its meetings.

58. No modification with the Statutes could be made if it is not on the


proposal of the Board of directors and assent of the Critics and the Imperial
High commissioner. These modifications will have to be voted by the general
meeting of the shareholders in the majority of the three quarters of the
members present or represented.
CHAPTER IV
Declaration concerning a better Output of the Taxes and the Creation of new
Incomes.

59. As soon as the tertib is put at execution in a regular way with regard to
the Marocains subjects, the Representatives of the Powers in Tangier will
subject their nationals in the Empire to it. But it is understood that says it tax
will not be applied the abroads - (A) That under the conditions fixed by the
Payment of the Diplomatic corps in Tangier on November 23, 1903. (b) That in
the localities where it will be actually perceived on the Marocains subjects.
The Consulaires authorities will retain a percentage percent of the sums
boxed on their nationals to cover the expenses caused by the drafting of the
roles and the recovery of the tax. The rate of this reserve will be fixed, by
mutual agreement, by Makhzen and the Diplomatic corps in Tangier.

60. In accordance with the right which was recognized to them by Article XI
of the Convention of Madrid, the foreigners will be able to acquire properties
in all the extent of the Empire Of the sherifs, and Its Majesty the Sultan will
give to the administrative and legal authorities the instructions necessary so
that the authorization to pass the acts is not refused without legitimate
reason. As for the later transmissions by acts between sharp or after death,
they will continue to be exerted without any obstacle. In the ports open to the
trade and a radius of 10 kilom. around these ports, Its Majesty the Sultan
grants, generally, and without it being from now on necessary to especially
obtain it for each purchase of property by the foreigners, the assent required
by Article XI of the Convention of Madrid. In Ksar-el-Kebir, Arzila,
Azemmour, and, possibly, in other localities of the littoral or interior, the
general authorization mentioned above is also granted the abroads, but only
for acquisitions in a radius of 2 kilom. around these cities. Everywhere where
the foreigners will have acquired properties, they will be able to raise
constructions while conforming to the payments and uses. Before authorizing
the drafting of the acts transmissifs of property, Cadi will have to be ensured,
in accordance with the law Musulmane, of the regularity of the titles.
Makhzen will indicate, in each the cities and district indicated to the present
Article, Cadi which will be charged to carry out these checks.

61. With an aim of creating new resources in Makhzen, the Conference


recognizes, in theory, that a tax could be established on urban constructions.
Part of the receipts thus carried out will be assigned to the needs for the
roadway system and hygiene local elections and, generally, with the
expenditure of improvement and maintenance of the cities. The tax will be
due by the owner Marocain or foreign without any distinction; but the tenant
or the holder of the key of it will be responsible towards the Moroccan
Treasury. An enacted Payment, by mutual agreement, by the Control surface
lies Chérifien and the Diplomatic corps in Tangier will fix the rate of the tax,
its mode of perception and application and will determine the share of the
resources thus created, which will have to be assigned to the expenditure of
improvement and maintenance of the cities. In Tangier, this share will be
versed with the Medical Council Inter national, which will regulate
employment until á of it the creation of a municipal organization.

62. Its Majesty Of the sherifs having decided in 1901 that the Moroccan civils
servant, responsible for the perception of the agricultural taxes, would
receive any more of the populations neither sokhri nor mouna, the
Conference estimates that this rule will have to be generalized as much as
possible.

63. The Delegates Of the sherifs stated that goods " habous " or certain
domanial properties, in particular of the buildings of Makhzen, occupied
against payment of the royalty of 6 percent, are held by foreign nationals,
without regular titles or under the terms of contracts prone to revision. The
Conference, eager to cure in this state of affairs, charges the Diplomatic corps
in Tangier with giving an equitable solution to these two questions, of
agreement with the special Police chief that Its Majesty Of the sherifs will
want to indicate well for this purpose.

64. The Conference takes note of the proposals formulated by the Delegates Of
the sherifs about the creation of taxes on certain trade, industries, and
professions. If, following the application of these taxes to the Moroccan
subjects, the Diplomatic corps in Tangier estimated that it is necessary to
extend them to the foreign nationals, it, as of, is now specified that say them
taxes will be
exclusively municipal.

65. The Conference supports the proposal made by the Marocaine delegation
establish, with the assistance of the Diplomatic corps: (A) An excise tax on the
contracts and notarial acts last in front of the " adoul "; (b) a transfer tax, to
the maximum of 2 percent, on the real sales; (c) a statistical tax and of
weighing, to the maximum of 1 ad valorem percent, on the goods transported
by coastal traffic; (d) a right of passport to perceive on the Moroccan subjects;
(e) Possibly, of the wharf dues and of headlights whose product will have to
be affected with the improvement of the ports.

66. On a purely temporary basis, the goods of foreign origin will be struck at
their entry in Morocco of a special tax rising with 2 1/2 percent. ad valorem.
The integral product of this tax will form funds special, which will be affected
with the expenditure and the execution of public works, intended for the
development of navigation and the trade in general in the Empire Of the
sherifs. The program of work and their set of priorities will be stopped, by
mutual agreement, by the Government Of the sherifs and the Diplomatic
corps in Tangier. The studies, estimates, projects and schedules of conditions
referring itself will be to it establish by a qualified engineer named by the
Government Of the sherifs of agreement with the Diplomatic corps. This
engineer will be able, if need be, assisted being of one or more assistant
engineers. Their processing will be charged to the special body floors. The
special body floors will be deposited at the Bank of State of Morocco, which
will hold accountancy of it. The public invitations to tender will have passed
in the forms and according to the general conditions prescribed by a Payment
that the Diplomatic corps in Tangier is charged to establish with the
Representative of Its Majesty Of the sherifs. The office of adjudication will be
composed of a Representative of the Government Of the sherifs, five Délégués
Diplomatic corps and the engineer. The adjudication will be marked in favour
of the tenderer, who, while conforming to the regulations of the schedule of
conditions, will present the offer
meeting the general conditions most advantageous. With regard to the naps
coming from the special tax and which would be perceived in the customs
houses established in the areas aimed by Article 103 of the Payment on the
Customs, their employment will be regulated by Makhzen, with the approval
of the Power bordering, in accordance with the regulations of this Article.

67. The Conference, subject to the observations presented on this subject,


expresses the wish that the rights of export of the goods
hereafter are reduced following manner: 20 But 20 Barley 50 Corn 34

Percent
Chickpeas 20
Maiz 20
Barley 50
Corn 34

68. Its Majesty Of the sherifs will agree to raise to 10,000 the figure of 6,000
heads of cattle of the bovine species that each Power will have the right to
export of Morocco. Export will be able to take place par. all the customs
houses. If, in consequence of unhappy circumstances, a shortage of cattle
were noted in a determined area, Its Majesty Of the sherifs could temporarily
prohibit the output of the cattle by the port, or the ports which serve this
area. This measurement will not have to exceed a two years duration; it could
not be applied at the same time to all the ports of the Empire. It is understood
besides that the preceding provisions do not modify the other conditions of
the export of the cattle fixed by Firmans former. The Conference emits,
moreover, the wish which a veterinary service of inspection is organized as
soon as possible in the ports of the coast.
69. In accordance with the former decisions of Its Majesty Of the sherifs, and
in particular with the 28 Septembre, 1901 decision, is authorized between all
the ports of the Empire transport by coastal traffic of the cereals, seeds,
vegetables, eggs, fruits, poultries, and, in general, of the goods and animals of
any species, originating or not in Morocco, except for the horses, mules, asses,
and camels, for which a special licence of Makhzen will be necessary. The
coastal traffic could be carried out by boats of any nationality, without the
known as articles having to pay the rights of export, but while conforming to
the special rights and the payments on the matter.

70. The rate of the rights of parking or anchoring imposed on the ships in the
Moroccan ports being fixed by Treaties passed with certain Powers, these
Powers is shown laid out to authorize the revision known as rights. The
Diplomatic corps in Tangier is charged to establish, of agreement with
Makhzen, the conditions of the revision, which will be able to take place only
after the improvement of the ports.

71. The warehouse charges in customs will be charged in all the Marocains
ports where there will be sufficient warehouses, in accordance with the
payments taken or to take on the matter by the Government of Its Majesty Of
the sherifs, of agreement with the Diplomatic corps in Tangier.

72. Opium and kif will continue to be the subject of a monopoly to the profit
of the Government Of the sherifs. Nevertheless, the importation of the opium
especially intended for pharmaceutical employment will be authorized by
special licence, delivered by Makhzen, on the request of the Legation to
which belongs the pharmacist or importing doctor. The Government Of the
sherifs and the Diplomatic corps will regulate, by mutual agreement, the
maximum quantity to introduce.

73. The Representatives of the Powers note the intention of the Government
Of the sherifs to extend to the tobaccos of all kinds the existing monopoly in
this which relates to the snuff. They hold the right of their nationals to be
duly compensated for the damages that says it monopoly could cause with
those of them which would have the industries created under the current
mode concerning the tobacco. In the absence of friendly agreement, the
allowance will be fixed by experts appointed by Makhzen and the Diplomatic
corps, while conforming to the provisions adopted as regards expropriation
due to public utility.

74. The principle of the adjudication, without meaning of nationality, will be


applied to the farms concerning the monopoly of opium and kif. It would be
the same for the monopoly for the tobacco, if he were established.

75. If it would be necessary to modify some one of the provisions of this


Declaration, an agreement will have to be established on this subject between
Makhzen and the Diplomatic corps in Tangier.

76. In all the cases envisaged by the present Declaration, where the
Diplomatic corps will have to intervene, except with regard to Articles 64, 70,
and 75, the decisions will be made in the majority of the voices.
CHAPTER V
Réglement [ sic ] Payment on the Customs of the Empire and the Repression
of the Fraud and Smuggling.

77. Any captain of a trading ship, coming from abroad or Morocco, will have,
within the twenty-four hours of his admission in free circulation in one of the
ports of the Empire, to deposit at the customs house an exact copy of his
proclamation, signed by him and certified by the trustee of the ship. He will
have, moreover, if he is required by it, to give communication to the agents of
the Customs of the original of his proclamation. The Customs will have faculty
to install on board one or more guards to prevent any illegal traffic.

78. Are free of the deposit of proclamation 1. Buildings of war or affrêtés for
the account of a Power. 2. Boats belonging to private individuals who make
use of it for their use, while abstaining from any carriage of goods. 3. Boats or
boats employed with fishing for the coasts. 4. Yachts only used with the
pleasure sailing and recorded with the home port in this category. 5. Ships in
charge especially with the installation and the repair of the telegraphic
cables. 6. Boats only assigned to the rescue. 7. Hospital buildings. 8. Ship-
schools of the merchant navy not devoting itself to commercial deals.

79. The proclamation deposited with the Customs will have to announce the
nature and the source of the cargo with the marks and numbers of the cases,
balls, bundles, barrels, &c.

80. When there are serious indices making suspect the inaccuracy of
proclamation, or when the captain of the ship refuses to lend himself to the
visit and the checks agents of the Customs, the case will be announced to
qualified the Consulaire authority so that this one procéde, with a Delegate of
the Customs Of the sherifs, with the investigations, visits, and checks which it
will consider necessary.

81. If, with the expiry of the twenty-four hours period indicated to Article 77,
the captain did not deposit his proclamation, it will be liable, unless the delay
does not come from a case of absolute necessity, of a fine of 150 pesetas per
day of delay, without, however, that this fine can exceed 600 pesetas. If the
captain presented an inaccurate or incomplete proclamation fraudulently, it
will be personally condemned to the payment of a sum equal to the value of
the goods for which it did not produce of proclamation, and with a fine of 500
pesetas to 1,000 pesetas, and the building and the goods will be able,
moreover, being seized by qualified the Consulaire authority for the safety of
the fine.

82. Any person, at the time to clear the goods imported or intended for
export, must make with the Customs a detailed declaration, stating the
species, quality, the weight, the number, measurement, and the value of the
goods, as well as the species, the marks, and the numbers of the parcels
which contain them.

83. In the case where, at the time of the visit, one finds less parcel or goods
that it was declared by it, the informant, unless it cannot justify its good faith,
will have to pay double right for the goods missing, and the goods presented
will be retained in customs for the safety of this right double; if, on the
contrary, one finds with the visit a surplus as for the number of the parcels,
the quantity or the weight of the goods, this surplus will be seized and
confiscated with the profit of Makhzen unless the informant cannot justify his
good faith.

84. If the declaration were recognized inaccurate as for the species or with
quality, and if the informant cannot justify his good faith, the inaccurately
declared goods will be seized and confiscated with the profit of Makhzen by
the proper authority.

85. If the declaration would be recognized inaccurate as for the declared


value, and if the informant cannot justify his good faith, the Customs will be
able, either to in kind forthwith take the right, or, if the goods are indivisible,
to acquire the known as goods, by immediately paying to the informant the
value declared, increased by 5 percent.

86. If the declaration is recognized false as for the nature of the goods, those
will be regarded as not having been declared, and the infringement will fall
under the application from Articles 88 and 90 hereafter, and will be punished
sorrows envisaged in known as Articles.

87. Any attempt or very obvious offence of introduction, any attempt or very
obvious offence of export in smuggling of goods subjected to the rights, either
by sea, or by ground, will be liable to the confiscation of the goods, without
prejudice to the sorrows and fines below which will be pronounced by the
Court of jurisdiction. Moreover will be seized and confiscated the means of
transport per ground if smuggling constitutes the principal part of the
loading.

88. Any attempt or very obvious offence of introduction, any attempt or very
obvious offence of export in smuggling by a port open to the trade or a
customs house, will be punished of a fine not exceeding triple of the value of
the goods object of the fraud, and of a five days imprisonment in six months,
or one of the two sorrows only.

89. Any attempt or very obvious offence of introduction, any attempt or very
obvious offence of export, apart from a port open to the trade or of a customs
house, will be punished of a fine from 300 to 500 pesetas, and of an additional
fine equal to three times 13 value of the goods or of a one month
imprisonment at one year.

90. The accomplices of the offences envisaged in Articles 88 and 8' 3 will be
liable to the same sorrows as the principal authors. The elements
characterizing complicity will be appreciated according to the legislation of
the seized Court.

91. In the event of attempt or obvious offence of importation, attempt or


obvious offence at export of goods by a ship apart from a port open to the
trade, the Moroccan Customs will be able to lead the ship to the port to be
given nearest to the Consulaire authority, which will be able to seize it and
maintain the data entry until á what it discharged the amount of the marked
judgments. The data entry of the ship will have to be raised, in any state of
the authority, as a this measurement will not block the legal instruction, on
consignment of the maximum amount of the fine between L be hands of the
Consulaire authority or in bond solvent to pay it accepted by the Customs.

92. The provisions of the preceding Articles will be applicable to the


navigation of coastal traffic.

93. The goods, not subjected to the rights of export, embarked in a Marocain
port to be transported by sea in another port of the Empire, will have to be
accompanied by an exit certificate issued by the Customs, under penalty of
subjugated with the payment of the right of importation and being even
confiscated if they did not appear in proclamation.

94. Transport by coastal traffic of the products subjected to the rights of


export will be able to be carried out only by consigning to the office of
departure, against receipt, the amount of the rights of export relating to these
goods. This consignment will be refunded with the depositor by the office
where it was carried out, on production of a declaration covered by the
Customs of the mention of arrival of the goods and the receipt noting the
deposit of the rights. The supporting documents of the arrival of the goods
will have to be produced in the three months of forwarding. Passed this time,
unless the delay does not come from a case of absolute necessity, the
consigned sum will become the property of Makhzen.

95. The import duties and of output will be paid to the cash to the customs
house where liquidation will have been carried out. The ad valorem rights
will be liquidated according to the security dealt in for cash and wholesale of
the goods returned to the customs house, and honest of customs duties and of
storing. In the event of damages, it will be held account, in the estimate, of the
depreciation undergone by the goods. The goods could be withdrawn only
after the payment of the customs duties and of storing. Very taken charges
some or perception will have to be regular the receipt object, delivered by the
agent in charge of the operation.

96. The value of the principal duty-paid goods by the Moroccan Customs will
be given each year, under the conditions specified with the preceding Article,
by a Commission of the Values Customs, at this meeting in Tangier and
composed of - 1. Three members designated by the Moroccan Government. 2.
Three members designated by the Diplomatic corps á Tangier. 3. A Delegate of
the Bank of State. 4. An agent of the delegation of the Moroccan Loan 5
percent, 1904. The Commission will name twelve to twenty honorary
members domiciled in Morocco, which it will consult when it is a question of
fixing the values and all the times that she will consider it useful. These
honorary members will be selected on the lists of notable, drawn up by each
Legation for the foreigners and the Representative of the Sultan for the
Morrocans. They will be indicated, as much as possible, proportionally with
the importance of the trade of each nation. The Commission will be named
for three years. The tariff of the values fixed by it will be used as a basis for
the estimates which will be made in each office by the Administration of the
Moroccan Customs. It will be displayed in the customs houses and the
chancelleries of Legations or the Consulates in Tangier. The tariff will be
likely to be revisé at the end of six months, if notable modifications occurred
in the value of certain goods.

97. A Standing Committee, known as " Committee of the Customs, " is


established in Tangier, and is named for three years. It will be composed of a
Special Police chief of Its Majesty Of the sherifs, of a member of the
Diplomatic corps or Consular indicated by the Diplomatic corps in Tangier,
and of a Delegate of the Bank of State. It will be able to associate, in an
advisory capacity, or-several Representatives of the customs. This Committee
will exert its high monitoring on the operation of the Customs, and will be
able to put forward with Its Majesty Of the sherifs the measures which would
be specific to make improvements in the service, and to ensure the regularity
and the control of the operations and perceptions (unloadings, loadings,
transport with ground, handling, inputs and exports of the goods, storing,
estimate, liquidation, and perception of the taxes). By the creation of the "
Committee of the Customs, " it will not be attacked any the rights stipulated in
favour of the stockholders
by Articles 15 and 16 of the Contract of Loan of June 12, 1904. Instructions
worked out by the Committee of the Customs and the departments concerned
will determine the details of the application of Article 96 and this Article.
They will be subjected to the opinion of the Diplomatic corps.

98. In the customs where there are sufficient stores, the customs deal with the
goods unloaded as from the moment when they are given, against receipt, by
the captain of the boat to the agents appointed with the acconage until the
moment when they are regularly cleared. It is responsible for the damage
caused by the losses or damages of goods which are ascribable with the fault
or the negligence of its agents. It is not responsible for the damages resulting
either from decays lies natural of the goods, or of sound too long stay in store,
or of the case of absolute necessity. In the customs where there are no
sufficient stores, the agents of Makhzen are only held to employ the means of
safeguarding available to the customs house. A revision of the Payment of
Storing currently in force will be carried out by the care of the Diplomatic
corps ruling in the majority, in.liaison.with the Government Of the sherifs.

99. The goods and the means of transport to ground confiscated will be sold
by the care of the Customs, within eight days starting from the final judgment
given by the Court of competent jurisdiction.

100. The product Net of the sale of the goods and confiscated objects is
acquired definitively in the State; that of the pecuniary fines, as well as the
amount of the transactions, will be, after deduction of the expenses of any
nature, distributed between the Treasury Of the sherifs and those which will
have taken part in the repression of the fraud or smuggling. A third to be
distributed by the Customs enters the indicators; A third with the agents
having seized the goods; A third with the Moroccan Treasury. If the data entry
were operated without the intervention of an indicator, half of the fines will
be allotted to the seizing agents and other
half to the Moroccan Treasury.

101. The Moroccan customs authorities will have to announce directly to the
Diplomatic agents or Consular the infringements with the present Payment
made by their nationals, so that those are continued in front of the court of
jurisdiction. The same infringements, made by Moroccan subjects, will be
submitted directly by the Customs with the Chérifienne authority. A Delegate
of the Customs will be charged to follow the procedure of, hanging businesses
in front of the various jurisdictions.

102. Any confiscation, amends, - or penalty will have to be marked for the
foreigners by the Consulaire jurisdiction and for the Marocains subjects by
the Chérifienne jurisdiction.

103. In the area border of Algeria the application of this Payment will remain
the exclusive business of France and Morocco. In the same way, the
application of this Payment in Riff, and, in general, in the areas borders of the
Spanish possessions, will remain the exclusive business of Spain and
Morocco.

104. The provisions of this Payment, others that those which apply to the
penalties, could be revisées by the Diplomatic corps in Tangier, ruling
unanimously of the voices, and agreement with Makhzen, with the expiry of
a two years deadline from its entry into force.
CHAPTER VI
Declaration relating to the Public Services and to Public works.

105. In order to ensure the application of the principle of economic freedom


without any inequality, the Powers Signatories state that none the public
services of the Empire Of the sherifs could be alienated with the profit of
particular interests.

106. If the Government Of the sherifs would believe duty to call with the
foreign capital or foreign industry for the exploitation of public services or
the execution of public works, roads, railroads, ports, telegraphs and others,
the Powers Signatories are reserved to take care that the authority of the
State on these large companies of general interest remains whole.

107. The validity of the concessions which would be made under Article 106,
like for the supplies of State, will be subordinate, in all the Empire Of the
sherifs, with the principle of the public invitation to tender, without
acceptance of nationality, for all the matters which, in accordance with the
rules followed in the foreign legislations, comprise the application of it.

108. The Government Of the sherifs, as soon as it decides to carry out by way
of adjudication the completion of the public work, will make share with the
Diplomatic corps of it; it will communicate to him, thereafter, the schedules of
conditions, plans, and all the documents annexed to the project of
adjudication, so that the nationals of all the Powers Signatories can realize of
projected work and to be capable to contribute to it. A sufficient time will be
fixed for this purpose by the notice of invitation to tender.

109. The schedule of conditions will have to contain, neither directly nor
indirectly, no condition or provision which can attack the free competition,
and to put in state inferiority the competitors of a nationality screw-á-screw
of the competitors of another nationality.
110. The adjudications will have passed in the forms and according to the
general conditions prescribed by a Payment that the Government Of the
sherifs will stop with the assistance of the Diplomatic corps. The adjudication
will be pronounced by the Government Of the sherifs in favour of the
tenderer who, while conforming to the regulations of the schedule of
conditions, will present the offer meeting the general conditions most
advantageous.

111. The rules of Articles 106 to 110 will be applied to the Patents of mining
claims of forests of cork oaks, in accordance with the provisions of use in the
foreign legislations.

112. Firman Chérifien will determine the conditions of concession and


operating of the mines, mines and careers. In the development of this Firman,
the Government Of the sherifs will take as a starting point the the foreign
legislations existing on the matter.

113. If, in the cases mentioned in Articles 106 to 112, it were necessary to
occupy certain buildings, it could be proceeded to their expropriation with
the help of the preliminary payment of a right allowance and in accordance
with the following rules.

114. Expropriation will be able to take place only due to public utility and that
as much as the need will have been Constatée by an administrative
investigation of which a Payment Of the sherifs elaborate with the assistance
of the Diplomatic corps, will fix the formalities.

115. If the owners of buildings are prone Marocains, Its Majesty Of the sherifs
will take measurements necessary so that no obstacle is brought to the
completion of the work which it will have declared of public utility.

116. If it acts foreign owners, it will be process with expropriation in the


following way: In the event of dissension between the qualified
Administration and the owner of the building with exproprier, the allowance
will be fixed by a special jury, or, if it is necessary, by arbitration.

117. This jury will be composed of six experts estimators, chosen three by the
owner, three by the Administration which will continue expropriation. The
opinion of the absolute majority will prevail. If it cannot be formed majority,
the owner and the Administration will name each one a Referee, and these
two Referees will indicate the Arbitre third. In the absence of agreement for
the designation of the third Referee, this last will be named by the Diplomatic
corps in Tangier.

118. The Referees will have to be selected on a list drawn up at the beginning
of the year by the Diplomatic corps and, as much as possible, among the
experts not residing in the locality where is carried out ]e work.

119. The owner will be able to make call of the decision returned by the
Referees in front of the court of jurisdiction, and in accordance with the rules
fixed as regards arbitration by the legislation to which it arose. Chapter Vii
General Provisions.
120. In order to put, si' ] takes place there, its legislation harmonizes some
with the underwriting liabilities by this General Act, each Power Signatories
obliges to cause, in what relates to it, the adoption of legislative
measurements which would be necessary.

121. This General Act will be ratified according to the constitutional laws
particular to each State; the ratifications will be deposited in Madrid earliest
that to make could be, and at the latest 31 Décembre, 1906. It will be drawn
up deposit an official report, whose certified copy conforms will be given to
the Powers Signatories by the diplomatic way.

122. This General Act will come into effect the day when all the ratifications
will have been deposited, and at the latest 31 Décembre, 1906. If special
legislative measurements which in certain countries would be necessary to
ensure the application á their nationals residing at Morocco of some of the
stipulations of this General Act, would not have been adopted before the date
fixed for the ratification, these stipulations would not become applicable, in
what relates to them, that after legislative measurements above noted would
have been promulgated.

123. All the Treaties, Conventions and Arrangements of the Powers


Signatories with Morocco remain in force. However, it is understood that in
the event of conflict between their provisions and those of this General Act,
the stipulations of this last will prevail. In witness whereof the
Plenipotentiary Delegates signed this General Act and affixed their seal there.
Made in Algésiras the 7th day of April, 1906, in only one specimen, which will
remain deposited in the files of the Government of Its Catholic Majesty, and
whose certified copies will be given by the diplomatic way to the Powers
Signatories.

Pour l'Allemagne:

(L.S.) RADOWITZ.

(L.S.) TATTENBACH.

Pour l'Autriche-Hongrie:

(L.S.) WELSERSHEIMB.

(L.S.) BOLESTA-KOZIEBRODZKI

Pour la Belgique:

(L.S.) JOOSTENS.

(L.S.) Comte CONRAD DE BUISSERE.

Pour l'Espagne:

(L.S.) El Duque DE ALMODOVAR DEL RIO.

(L.S.) J. PÉREZ-CABALLERO.
Pour les Etats-Unis d'Amérique

(Sous réserve de la déclaration faite en séance

plénière de la Conférence le 7 Avril, 1906)*

(L.S.) HENRY WHITE.

(L.S.) SAMUEL. R. GUMMERÉ.

Pour la France:

(L.S.) RÉVOIL.

(L.S.) REGNAULT.

Pour la Grande-Bretagne:

(L.S.) A. NICOLSON.

Pour l`Italie:

(L.S.) VISCONTI VENOSTA.

(L.S.) G. MALMUSI.

Pour les Pays-Bas:

(L.S.) H. TESTA.

Pour le Portugal:

(L.S.) Conde DE TOVAR.

(L.S. ) Conde DE MARTENS FERRAO.

Pour la Russie:

(L.S.) CASSINI.

(L.S.) BASILE BACHERACHT

Pour la Suède:

(L.S.) ROBERT SAGER,

Pour Copie certifiée conforme:

Le Sous-Secrétaire d'Etat,

(L.S.) E. DE OJÉDA

* Declaration by the United States' Delegate. The Government of the United


States of America not having political interests in Morocco, and by taking part
in This Conference having been animated of desires and different intentions
To only contribute to ensure all the nations the equality more extend with
Morocco as regards trade of processing and of prerogative, and to there
facilitate the introduction of reform of which the result be a wellbeing
general base on a cordiality complete of relation external and a stability
administrative interior, declare that in himself associate with Payment and
Declaration of Conference by the signature of Act General subject to
ratification in conformity with the law Constitutional and of Protocol
Additionel and in accept their application with citizen and with interest
American in Morocco, it take on him no obligation or responsibility compared
to measurement which can be necessary for the setting with execution of
known as Payment and Declaration. Additional Protocol with moment to
proceed with signature of Act General of Conference of Algeciras, the
Delegate of Germany, of Austria-Hungary, of Belgium, of Spain, some State-
Plain of America, of France, of Great Britain, of Italy, of Netherlands, of
Portugal, of Russia, and of Sweden, hold account of it that the Delegate of
Morocco have declare not be in measurement for the moment le moment to
there affix their signature, the distance them allow not to obtain in the near
future bref délai the résponse of Its Majesty Of the sherifs concern the point
au sujet on the subject of which they have believe must him of refer, himself
engage reciprocally, in virtue seen implementation simultaneous of reform
which is envisaged there, and which is interdependent from/to each other.
They are appropriate, consequently, to charge Its Excellence Mr. Malmusi,
Ministre of Italy in Morocco and senior of the Diplomatic corps in Tangier, to
make the steps necessary to this effect, by drawing the attention of Its Majesty
the Sultan on the great advantages which will result for its Empire from the
stipulations adopted with the Conference by the unanimity from the Powers
Signatories. The adhesion given by Its Majesty Of the sherifs to Acte Général
of the Conference of Algeciras will have to be communicated, by the
intermediary of the Government of Its Catholic Majesty, with the
Governments of the other Powers Signatories. This adhesion will have the
same force as if the Delegates of Morocco had affixed their signatures on the
General Act and will hold place of ratification by Its Majesty Of the sherifs. In
witness whereof the Delegates of Germany, of Austria-Hungary, of Belgium, of
Spain, of the United States of America, of France, of Great Britain, of Italy, of
the Netherlands, of Portugal, of Russia, and Sweden signed this Additional
Protocol and affixed their seal there. Made in Algésiras the 7th day of April,
1906, in only one specimen, which will remain deposited in the files of the
Government of Its Catholic Majesty, and whose certified copies will be given
by the diplomatic way to the Powers Signatories.

Pour l'Allemagne:

(L.S.) RADOWITZ.

(L.S.) TATTENBACH.

Pour l'Autriche-Hongrie:

(L.S.) WELSERSHEIMB.

(L.S.) BOLESTA-KOZIEBRODZKI
Pour la Belgique:

(L.S.) JOOSTENS.

(L.S.) Comte CONRAD DE BUISSERE.

Pour l'Espagne:

(L.S.) El Duque DE ALMODOVAR DEL RIO.

(L.S.) J. PÉREZ-CABALLERO.

Pour les Etats-Unis d'Amérique

(Sous réserve de la déclaration faite en séance

plénière de la Conférence le 7 Avril, 1906):

(L.S.) HENRY WHITE.

(L.S.) SAMUEL. R. GUMMERÉ.

Pour la France:

(L.S.) RÉVOIL.

(L.S.) REGNAULT.

Pour la Grande-Bretagne:

(L.S.) A. NICOLSON.

Pour l`Italie:

(L.S.) VISCONTI VENOSTA.

(L.S.) G. MALMUSI.

Pour les Pays-Bas:

(L.S.) H. TESTA.

Pour le Portugal:

(L.S.) Conde DE TOVAR.

(L.S. ) Conde DE MARTENS FERRAO.

Pour la Russie:

(L.S.) CASSINI.

(L.S.) BASILE BACHERACHT

Pour la Suède:
(L.S.) ROBERT SAGER

Pour Copie certifiée conforme:

Le Sous-Secrétaire d'Etat,

(L.S.) E. DE OJÉDA

_______________________________

IMPERIAL DECREE ratifying the General Act of the International Conference


at Algeciras.
June 18, 1906.

(Traduction.)

Glory with Single God: Its reign alone is eternal. (Seal of the Sultan Abdulazis-
Ben Hassan.) By this Edict we let know that we read what was worked out by
our Delegates Of the sherifs and Délégués of Great and High friendly Powers
in the meetings of the Conference called in the town of Algeciras in year 1324
of Hégire, corresponding to the year 1906 of the Chrétienne era, to examine
the reforms (to be introduced) in this Moghrebin Empire, based, initially, on
three principles, namely: maintenance of our sovereignty [ in the text: our
sovereign rights ], independence of our aforesaid Empire and economic
freedom in fact of public works. Then, the reforms which, based on the
aforesaid principles, were summarized in seven chapters, which are: 1.
Declaration relating to the organization of the font in the open ports of our
Empire (with the trade). 2. Regulation on the monitoring and the repression
of the smuggling of the weapons in the territory of this Empire. 3. Act of
concession of a bank in the name of the Moroccan Government. 4.
Declaration concerning a better output of the taxes existing and the creation
of new incomes. 5. Payment on the customs of the Empire and the repression
of the fraud and smuggling. 6. Regulation on the means of carrying out public
works. 7. General provisions for the ratification and the execution of the
General Act. Each one of these chapters includes/understands a number of
Articles, one all 123 Articles. After having examined the Act which
consolidates the aforesaid Articles and which carries the date of the 12 Safar
of the current year, corresponding to April 7, 1906, and after us to be
penetrated of this same Act, of the beginning at the end, we took the
Chérifienne determination to entirely approve it, to ratify it, accept it and
carry out it. Thus given by our command; command, extremely and powerful
by the will of God, the 26e day of Rabi' II, 1324, corresponding to June 18,
1906, of the Christian era. For translation certified, A. Mr. LAREDO, the Vice-
Consul, Interprets Legation of Italy. Fez, June 18, 1906. OFFICIAL REPORT of
the Deposit of Ratifications of the General International Act of the Conference
At Algeciras. Madrid, December 31, 1906. **time-out** pursuant to the Article
121 of Proceedings general of Conference international of Algéciras, the
undersigned Representative of Great Britain, of Germany, of Austria-Hungary,
of Belgium, of Spain, of United States of America, of France, of Italy, of
Netherlands, of Portugal, die Russia, and of Sweden himself be meet in
Ministry of State, with Madrid, to proceed with deposit between the hand of
Government of Its Majesty Catholic of Ratification of Hautes High contracting
party contractantes. Instruments of the Ratifications - 1o. Of Its Majesty the
King of the United Kingdom of the United Kingdom and of Ireland and
Territories British beyond the Seas, Emperor of the Indies; ò. Of Its Majesty
the Emperor of Germany, King de Prusse, in the name of the German Empire;
ó. Of Its Majesty the Emperor of Austria, King de Bohême, &c.. and King
Apostolique of Hungary; ô. Of Its Majesty the King of the Belgians; ö. Of Its
Majesty the King of Spain; õ. Of the President of the United States of America;
7o. Of the President of the French Republic; 8o. Of Its Majesty the King of
Italy; 9o. Of Its Majesty the Queen of the Netherlands; 10o. Of Its Majesty the
King of Portugal and Algarves, &c., &c. 11o. Of Its Majesty the Emperor of All
Russies; 1ò. And of Its Majesty the King of Sweden; were produced and, after
examination, having been found in due form, are entrusted to the
Government of Its Catholic Majesty to be deposited in the files of the State
Department. The Chargé d' affaires of the United States declares that the
ratification of the President of the United States of America is made subject to
the declaration presented by first Délégué of its Country to the closing session
of the Conference on April 7, 1906, and of the resolution adopted by the
American Senate on December 12th, 1906; declaration and resolution which
are inserted in the instrument of ratification and whose reading was given.
The adhesion of Its Majesty Of the sherifs in general Acte of the international
Conference of Algéciras having been communicated, by the intermediary of
the Government of Its Catholic Majesty, with the Governments of the other
Powers, this adhesion, in accordance with the additional Protocol of the
known as Act, holds place of ratification with regard to Morocco. In witness
whereof was drawn up this official report, whose certified copy conforms will
be given by the Government of Its Catholic Majesty to the Powers signatories
of the general Act. Fact in Madrid the 31e day of December, 190/3.

Pour la Grande-Bretagne:

(L.S.) MAURICE DE BUNSEN.

Pour l'Allemagne:

(L.S.) RADOWITZ.

Pour l'Autriche-Hongrie:

(L.S.) WELSERSHEIMB.

Pour la Belgique:

(L.S.) JOOSTENS.

Pour l'Espagne:

(L.S.) J. PÉREZ-CABALLERO.

Pour les Etats-Unis d'Amérique:

(L.S. ) WINTHROP.
Pour la France:

(L.S.) CAMBON.

Pour l`Italie:

(L.S.) SILVASTRELLI

Pour les Pays-Bas:

(L.S.) H. TESTA.

Pour le Portugal:

(L.S.) Conde DE TOVAR.

Pour la Russie:

(L.S.) CASSINI.

Pour la Suède:

(L.S.) SAGER.

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