Page images
PDF
EPUB

the rate of 3 per cent. per annum, payable half-yearly; during the ten ensuing years it shall provide, as well as the 3 per cent. annual interest, a sum of 100,000 pesetas. This loan shall have a preferential character over any other with regard to the revenues of the said customs.

V. His Shereefian Majesty shall establish a custom-house in the neighbourhood of Melilla. The demarcation of the customs frontier shall be carried out in common accord by the Spanish and Moorish High Commissioners, and the duties there collected shall be the same as those in force on the other frontiers of the Empire.

His Catholic Majesty's Government shall place at the disposal of the Government of His Shereefian Majesty an official of the Spanish expert Customs staff to assist in the valuation of goods, collection of duties, accounts, &c. He shall be appointed by the two High Commissioners, and his appointment shall be notified to the Makhzen. The umanas and adules shall be appointed and removable by His Shereefian Majesty. For each appointment the Moorish High Commissioner shall propose four persons, selected in concert with the Spanish High Commissioner. Both they and the Spanish assistant shall be paid out of the customs receipts.

VI. To develop the prosperity of the district, as well as for the purpose referred to in Article III of the present Agreement, the establishment of markets in the villages of the regions mentioned in Article II shall be favoured wherever the High Commissioners deem it suitable, collecting such duties as may be fixed by common accord. The taxes of Zekkat and Achur shall be collected according to the principles in force in the Shereefian Empire.

The collection of the taxes and revenues of the Makhzen shall be effected by the umanas and kaïds, with the assistance of a Spanish official until the evacuation is complete. With regard to the expenses of the administration of the territory, such as the salaries of the Shereefian High Commissioner, the umanas, and others, they shall be defrayed out of those revenues. Their amount shall be accounted for to the Makhzen, the remainder of the taxes being payable to the Shereefian Treasury.

Provisions concerning the Neighbourhood of Ceuta.

VII. The Government of His Shereefian Majesty undertakes, in view of the friendly and neighbourly relations existing between them and the Government of His Catholic Majesty, not to construct fortifications, place artillery, erect strategic works or post troops on any point which might constitute a risk or threat to Ceuta, and to prevent others from so doing.

VIII. The kaïd provided for in the last paragraph of Article IV of the Agreement of the 5th March, 1894, shall be appointed under the conditions laid down by Article V of the

same Convention with regard to the Basha of the Melilla district, namely:

The appointment shall be given to such a person as by reason of his special aptitudes will constitute a sufficient guarantee of the maintenance of harmonious and friendly relations with the authorities of the fortress and territory of Ceuta. The Moorish Government shall give previous notification to His Catholic Majesty's Government of his appointment and removal. The kaid shall have authority himself to settle, in concert with the Governor of Ceuta, matters and questions of a strictly local nature, and in case of disagreement between these two authorities, the settlement of the matter shall be submitted to the representatives of the two nations at Tangier, except in questions whose importance requires the direct intervention of the two Governments.

The kaïd shall only have authority over the section of the frontier region of Ceuta included between the neutral zone on the one side, and on the other the rivers Rmel and Lit, a line from the Cudia of Ain Xixa to that of Ain Yir, the road from Zoco-el-Telata to its intersection with the river Laimund, then along this river, which takes the names of Mafak, Menizla, and Fenidak, to its mouth. This line is marked in blue ink on the map annexed to this Agreement.

IX. The force provided for in the last paragraph of Article VIII of the Agreement of the 5th March, 1894, shall consist of 250 men under the orders of the above-mentioned kaïd. The latter will decide as to its distribution. To assist in the organization of this force destined to secure the order, tranquillity, and freedom of commercial intercourse in the district under the authority of the said kaïd, His Catholic Majesty's Government shall place at the disposal of His Shereefian Majesty a captain, a lieutenant and four sergeants, whose appointment shall receive the approval of the Sultan. A contract between the said officers and sergeants and the Makhzen, in terms similar to those laid down by Article IV of the Act of Algeciras,† shall determine the conditions of engagement of the said officers and sergeants and fix their pay, which shall not be less than double that which they draw in their own country. His Catholic Majesty's Government reserves to itself the right of replacing these officers and sergeants by others, subject to the approval of His Shereefian Majesty and engaged under the same conditions. The duties of these officers and sergeants shall be those designated by Article IV of the Act of Algeciras.

X. The budget of the above-mentioned force shall be drawn up by the Makhzen on a similar footing to that of the Riff. In the 1,000,000 pesetas referred to in Article IV of the Agreement shall also be included the initial expenses of this force.

XI. Once the Melilla customs have been established, and when His Catholic Majesty's Government, in conformity with

* Not reproduced.

† April 7, 1906. Vol. XCIX, page 141.

Article CIII of the Act of Algeciras shall require it, His Shereefian Majesty shall establish on the Ceuta frontier, and at a place fixed by common accord, a custom-house at which the same export and import duties will be collected as in the ports of the Empire. The receipts of this custom-house shall be devoted, firstly, in every case, to its own administrative expenses, the payment of the salaries of the kaid, mentioned in Article VIII of the present Agreement, and the other officials, and to the maintenance of the force provided for in Article IX.

To assist His Shereefian Majesty in the organization and good administration of the custom-house, His Catholic Majesty's Government shall place at his disposal an official of the Spanish expert customs staff, who will check the valuation of goods, collection of duties, accounts, &c., during the whole period of the repayment of the military and naval expenses of the Riff campaign. If, as a result of the creation of the Ceuta customhouse, a persistent reduction is effected in the receipts of the customs of Tetuan and Tangier such as might affect the interests of the holders of the loans of 1904 and 1910, the Makhzen, in agreement with the Spanish Government, and in consultation with the said bondholders, shall consider whether and in what proportion the receipts of the Ceuta custom-house should contribute to make good the loss.

XII. So long as the Ceuta custom-house does not produce sufficient revenue to meet the cost of the force referred to in Article IX of the present Agreement, His Shereefian Majesty shall make good the difference.

Provisions concerning the Payment of Expenses incurred by Spain.

XIII. In view of the economic situation of the Moorish Empire, and as a testimony of their interest in its welfare, His Catholic Majesty's Government claim only 65,000,000 pesetas for the military and naval expenses incurred in the Riff up to the 31st October, 1910; for the military and naval expenses incurred as a consequence of the events at Casa Blanca in 1907; and for the assistance rendered to refugee Moors and Jews in Melilla between 1903 and 1907. His Shereefian Majesty's Government undertakes to pay annually during seventy-five years the sum of 2,545,000 pesetas.

This payment is preferentially guaranteed: Firstly, by 55 per cent. of the proceeds which may accrue to the Makhzen of the taxes provided for the mining regulation alluded to in Article CXII of the Act of Algeciras; secondly, by what may remain over of the receipts of the Ceuta customs.

XIV. The amount of the mining taxes, which, according to the regulation provided for in Article CXII of the Act of Algeciras, have to be met by the taxpayers by payments to the State Bank, shall be duly received by the latter; but His Shereefian Majesty's Minister of Finance shall issue instructions to the effect that 55

per cent. of the share of the Makhzen shall be included in a special account at the disposal of His Catholic Majesty's Government, and at no time and for no reason shall the Makhzen or the State Bank be able to retain the whole or a portion of these funds. A Spanish delegate in the Moorish mining service shall have the right, without interfering in the administration of the same, of examining the registers of petitions, concessions, transfers, extinctions of claims, &c.; of comparing them with the special account in the State Bank, and of moving the proper authority to take the steps authorized by the mining regulation to secure payment by the taxpayers.

The said delegate shall notify to the Makhzen the names of the agents appointed by His Catholic Majesty's Government to collect the share due to them from the remaining Moorish mining taxes. In order to safeguard the interests of Spain the duties of these agents shall be determined in common accord between the Governments of His Catholic Majesty and His Shereefian Majesty, on the promulgation of the mining regulation provided for in Article CXII of the Act of Algeciras and in conformity therewith.

If in the course of the year the product of the said resources should suffice for the payment of the annuity, the surplus shall be at once placed at the disposal of the Makhzen in the State Bank.

XV. In case the Moorish Government should desire to anticipate the payment of the whole or a portion of its debts to the Spanish Government, negotiations shall be opened to that effect between the two Cabinets.

XVI. In the expenses referred to in Article XIII of the present Agreement are not included 1,500,000 pesetas, value of the improvements introduced up to date in the occupied territory, which will be handed over to the Makhzen, the latter not opposing the defrayal of their cost out of funds similar to those provided for in the last paragraph of Article LXVI of the Act of Algeciras, as far as the Riff country is concerned.

In faith whereof the undersigned have drawn up this Agreement in duplicate in Spanish and Arabic, and have affixed thereto their seals at Madrid this 16th day of November, 1910, of the Christian Era, and 13 Di El Kaada el Haaram, 1328 of the llegira.

MANUEL GARCIA PRIETO.

Signed subject to the approval of the Shereefian Makhzen, both parties agreeing to fix a period of two months within which to receive this approval.

MOHAMED EL MOKRI.

CONVENTION between Switzerland and the Netherlands providing for the reciprocal Acceptance of the Subjects of one Country when expelled from the other.-Signed at The Hague, May 7, 1910.

[Ratifications exchanged at The Hague, January 3, 1912.]

LE Conseil fédéral de la Confédération suisse et Sa Majesté la Reine des Pays-Bas, désirant régler d'un commun accord le rapatriement des citoyens ou sujets de chacun des États contractants expulsés du territoire de l'autre partie, ont nommé à cet effet pour leurs Plénipotentiaires, savoir:

Le Conseil fédéral de la Confédération suisse: M. Carlin, Envoyé extraordinaire et Ministre plénipotentiaire de la Confédération suisse près Sa Majesté la Reine des Pays-Bas; et

Sa Majesté la Reine des Pays-Bas: son Excellence le Jonkheer de Marees van Swinderen, son Ministre des Affaires Étrangères;

Lesquels, après avoir échangé leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus de ce qui suit:

Chacune des parties contractantes s'oblige de reprendre sur son territoire, à la demande de l'autre partie, ses ressortissants expulsés par cette partie, soit en vertu d'une sentence judiciaire, soit pour des motifs tirés de la sécurité intérieure ou extérieure de l'Etat, soit encore pour des motifs se rapportant à la police des mœurs ou à la santé publique, soit enfin qu'il s'agisse de personnes qui ne possèdent pas de moyens d'existence suffisants et ne sont pas en mesure de s'en procurer par leur travail.

Ce qui précède s'applique également aux anciens ressortissants de chacune des parties, tant qu'ils ne sont pas devenus ressortissants de l'autre partie ou d'un État tiers. L'épouse et les enfants mineurs de l'expulsé, lesquels vivent sous son toit familial, seront repris avec lui, même s'ils ne possèdent pas ni n'ont jamais possédé la nationalité de la partie requise, pourvu qu'ils ne soient pas devenus ressortissants de l'État requérant ou d'un État tiers.

Le présent traité sera ratifié et les ratifications en seront échangées à La Haye aussitôt que faire se pourra. Il entrera en vigueur le jour de l'échange des ratifications.

En foi de quoi les Plénipotentiaires respectifs ont signé le présent traité en double expédition et y ont apposé leurs cachets.

Fait à La Haye, le 7 mai, 1910.

(L.S.) CARLIN.

(L.S.) R. DE MAREES VAN SWINDEREN,

« PreviousContinue »