General Act of The Algeciras The Affairs of Morocco 2

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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;
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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;
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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.
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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.
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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
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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.
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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-
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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
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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
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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 dÈtat 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
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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.
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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
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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
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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
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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.
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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.
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.
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.
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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
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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
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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.
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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:
20 of 26 9/10/2021, 11:37 AM
(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 lÌtalie:
(L.S.) VISCONTI VENOSTA.
(L.S.) G. MALMUSI.
Pour les Pays-Bas:
(L.S.) H. TESTA.
Pour le Portugal:
21 of 26 9/10/2021, 11:37 AM
(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
22 of 26 9/10/2021, 11:37 AM
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.
(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.
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.
(L.S.) A. NICOLSON.
Pour lÌtalie:
(L.S.) VISCONTI VENOSTA.
23 of 26 9/10/2021, 11:37 AM
(L.S.) G. MALMUSI.
Pour les Pays-Bas:
(L.S.) H. TESTA.
Pour le Portugal:
(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
24 of 26 9/10/2021, 11:37 AM
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.
(L.S.) MAURICE DE BUNSEN.
Pour l'Allemagne:
(L.S.) RADOWITZ.
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Pour la Belgique:
(L.S.) JOOSTENS.
Pour l'Espagne:
Pour les Etats-Unis d'Amérique:
(L.S. ) WINTHROP.
Pour la France:
(L.S.) CAMBON.
Pour lÌtalie:
(L.S.) SILVASTRELLI
Pour les Pays-Bas:
(L.S.) H. TESTA.
Pour le Portugal:
Pour la Russie:
(L.S.) CASSINI.
Pour la Suède:
(L.S.) SAGER.
RETURN TO TREATY INDEX
26 of 26 9/10/2021, 11:37 AM

General Act of The Algeciras The Affairs of Morocco 2

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European Treaties affecting Morocco, Moroccan History http://www.warflag.com/shadow/history/treaties/engalgericas1906.

GENERAL ACT of the Algeciras Conference relating to the Affairs of

Au nom de Dieu tout-Puissant !

His Majesty the Emperor of All Russies;

I A Declaration relating to the organization of the police;

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

9. In the event of complaints whose Diplomatic corps would be seized by interested

prejudice to the other sorrows incurred by the delinquents.

(L.S.) Comte CONRAD DE BUISSERE.

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

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.

(L.S.) VISCONTI VENOSTA.

Pour les Pays-Bas:

(L.S.) Conde DE TOVAR.

(L.S. ) Conde DE MARTENS FERRAO.

(L.S.) BASILE BACHERACHT

(L.S.) ROBERT SAGER,

Pour Copie certifiée conforme:

(L.S.) Comte CONRAD DE BUISSERE.

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

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.

(L.S.) VISCONTI VENOSTA.

Pour les Pays-Bas:

(L.S.) Conde DE TOVAR.

(L.S. ) Conde DE MARTENS FERRAO.

(L.S.) BASILE BACHERACHT

(L.S.) ROBERT SAGER

Pour Copie certifiée conforme:

IMPERIAL DECREE ratifying the General Act of the International Conference at

(L.S.) MAURICE DE BUNSEN.

Pour les Etats-Unis d'Amérique:

Pour les Pays-Bas:

(L.S.) Conde DE TOVAR.

RETURN TO TREATY INDEX

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