declaring that the differences which might arise between the contracting parties with regard to the interpretation and the application of the dispositions of the convention of November 4 and which might not be settled through diplomatic channels, shall be submitted to an arbitral tribunal organized after the terms of The Hague Convention of October 18, 1907. An agreement shall have to be drawn up, and for that purpose the regulations of the same convention shall be followed, provided no derogation should be made thereto by special agreement at the time of the dispute.

Kindly accept, etc.

Letter relating to the Congo agreement.

My dear Ambassador:

KIDERLEN.

BERLIN, November 4, 1911.

In order to accentuate the spirit in which shall be applied the convention that we have just signed relating to territorial exchanges in equatorial Africa, it is agreed between the two governments that the differences which might arise between the contracting parties regarding the interpretation and the application of the dispositions of this convention shall be submitted to an arbitral tribunal constituted after the terms of the convention of The Hague of October 18, 1907. An agreement will have to be drawn up and for this purpose the regulations of the same convention shall be followed provided no derogation should be made thereto by special agreement at the time of the dispute.

However, if misunderstanding should arise between the members of the technical commission entrusted with the fixing of the delimitation of the frontier line, the number of these agents would be realigned by the appointment of an arbiter designated by mutual agreement of the two governments and belonging to a third Power.

The German Government will always look with favor upon associations of interest between the citizens of the two countries with regard to affairs that they might undertake in the French and German possessions which are the object of the convention of this date.

It is agreed that the application of said convention shall be made according to the rules stipulated in the regulations of the Franco-German Convention of April 18, 1908, regarding the Congo-Kamerun frontier by the protocols which are annexed thereto.

TREATY BETWEEN FRANCE AND SPAIN CONCERNING MOROCCO.1

Signed at Paris, October 3, 1904.

The President of the French Republic and His Majesty, the King of Spain, desirous of defining the scope of the rights and the guarantee of the interests accruing to France from its Algerian possessions and to Spain from its possessions on the coast of Morocco, have decided to conclude a convention and have named to this effect as their plenipotentiaries, to wit:

The President of the French Republic, His Excellency M. Théophile Delcassé, Deputy, Minister of Foreign Affairs of the French Republic,

etc.

And His Majesty, the King of Spain, His Excellency M. de Leon y Castillo, Marquis del Muni, his Ambassador Extraordinary and Plenipotentiary to the President of the French Republic, etc.

Who, after having communicated to each other their plenary powers, found in good and due form, have agreed upon the following articles: I. By the terms of the present convention, Spain adheres to the Franco-English declaration of April 8, 1904,2 relative to Morocco and Egypt.

II. The region situated to the west and to the north of the line hereinafter determined constitutes the sphere of influence accruing to Spain. from its possessions on the Moroccan coast of the Mediterranean.

Within this zone, Spain reserves unto itself the same action that is accorded France by the second paragraph of Article 2 of the declaration of April 8, 1904, relative to Morocco and Egypt.

Aware, however, of the actual difficulties and of the reciprocal interests calling for their removal, Spain declares that it will not exercise this action except in accord with France during the first period of the application of the present convention, a period which may not exceed fifteen years, beginning with the signing of the convention.

During the same period, France on its part desiring that the rights and the interests accorded to Spain by the present convention be always respected, shall make preliminary communication to the Government of the King of its acts towards the Sultan of Morocco regarding the Spanish sphere of influence.

1 Le Memorial Diplomatique, November 12, 1911.

2 Printed in SUPPLEMENT for January, 1912, p. 26.

When this first period shall have expired and as long as the statu quo shall last, the acts of France toward the Moroccan Government regarding the sphere of influence reserved to Spain shall not be exercised except in agreement with the Spanish Government.

During the first period, the Government of the French Republic will do all within its power so that in two of the customs ports of the region hereinafter determined, the delegate of the general representative of the bond holders of the Moroccan loan of July 12, 1904, be of Spanish nationality.

Starting from the mouth of the Moulouïa in the Mediterranean Sea, the line referred to above shall follow up the valley of this river even to the alignment of the crest of the nearest heights of the left bank of the river Defla. From this point, and in no case permitted to cut the course of the Moulouïa, the line of demarcation shall reach as directly as possible the crest line separating the basins of the Moulouïa of the river Inaouen from that of the river Kert whence it shall continue westward by the crest line separating the basins of the river Inaouen and of the river Sebou from those of the river Kert and of the river Ouergha in the direction of the most northern crest of the mountain Moulai-Bou-Chta. Thence it shall continue northward, remaining at a distance of at least twenty-five kilometers to the east of the Fez highway at Ksar-el-Kebir, by way of Ouezzan, to the place of junction of the river Loukkos or river El-Kous whose valley it shall descend for a distance of five kilometers after the junction of this river with the aforementioned highway of Ksar-el-Kebir by way of Ouezzan. From this point it shall follow as directly as possible the shore of the Atlantic Ocean above the Ez-Terga lagoon.

This delimitation is in conformity with the delimitation traced on the map annexed to this present convention under No. 1.3

III. In case the political state of Morocco and the Shereefian Government should no longer be able to continue, or if through the weakness of this government or its continued impotency to bring about security and public order, or for any other reason to be established by mutual agreement, the maintenance of the statu quo were to become impossible, then Spain might exercise freely its action in the region delimited under the preceding article, which shall henceforth constitute its sphere of influence.

3 Omitted.

IV. The Moroccan Government in virtue of Article 8 of the treaty of April 26, 1860, having granted to Spain an establishment at SantaCruz-de-Mar-Pequena (Ifni), it is agreed that the territory of this establishment shall not extend beyond the course of the river Tazeronalt from its source to its junction with the river Mesa and the course of the river Mesa from this junction to the sea according to the map No. 2 annexed to the present convention.*

V. In order to complete the delimitation indicated by Article 1 of the convention of June 27, 1900, it is agreed that the demarcation between the French and Spanish spheres of influence shall start with the intersection of the 14° 20' longitude west of Paris with the 26° of latitude north which it shall follow eastward until its meeting with the 11° longitude west of Paris. It shall ascend this meridian to its junction with the river Draa, then follow the valley of the river Draa until its meeting with the 10° longitude west of Paris and follow the 10° longitude west of Paris even to the crest line between the basins of the river Draa and of the river Sous, and follow in the direction of the river the crest line between the basins of the river Draa and of the river Sous, then between the coastal basins of the river Mesa and of the river Noun even to the point nearest to the source of the river Tazeronalt. This delimitation conforms to the delimitation traced on map No. 2, already mentioned and annexed to the present convention.

VI. Articles 4 and 5 shall be applicable as well as Article 2 of the present convention.

Nevertheless, the Government of the French Republic admits that Spain shall establish itself at any time in the territory defined by Article 4 on the condition of a preliminary understanding with the Sultan.

The Government of the French Republic likewise recognizes henceforth to the Spanish Government absolute liberty of action within the region comprised between 26° and 27° 40′ of latitude north and the 11° longitude west of Paris which are situated outside the Moroccan territory.

VII. Spain engages itself neither to alienate nor to cede under any form whatever, even on temporary title, the whole or part of the territories designated by Articles 2, 4 and 5 of the present convention.

VIII. If, by the application of Articles 2, 4 and 5 of the present convention, a military action should impose itself upon one of the con

4 Omitted.

tracting parties, it would immediately give notice thereof to the other party.

In no case appeal shall be made to the assistance of a foreign power. IX. The city of Tangiers shall maintain its special character conferred upon it by the presence of the diplomatic corps and its municipal and sanitary institutions.

X. As long as the actual political state shall continue, the enterprises of public works, railways, highways, and canals, starting from any point in Morocco to reach into the region defined under Article 2 and vice versa, shall be executed by companies which French and Spanish citizens may organize.

In like manner, it shall be permissible for French and Spanish citizens in Morocco to form associations for the exploitation of mines, quarries, and in a general way for enterprises of an economic nature.

XI. The schools and Spanish establishments actually existing in Morocco shall be respected. The circulation of Spanish money shall be neither stopped nor interfered with. Spaniards shall continue to enjoy in Morocco the rights assured to them by the treaties, conventions and usages in force, included therein the right of navigation and of fishing in the Moroccan waters and harbors.

XII. Frenchmen shall enjoy within the regions designated by Articles 2, 4 and 5 of the present convention the same rights which by the preceding article are granted to Spaniards in the remainder of Morocco.

XIII. In case the Moroccan Government should prohibit the sale of weapons and ammunition within its territory, the two contracting Powers engage themselves to take the necessary measures, in their possession of Africa, to prevent contraband introduction into Morocco of weapons and ammunition.

XIV. It is agreed that the zone defined under paragraph 1 of Article 7 of the Franco-English declaration of April 8, 1904, relative to Morocco and Egypt starts from the coast thirty kilometers to the southeast of Melilla.

XV. In case the denunciation stipulated under paragraph 3 of Article 4 of the Franco-English declaration relative to Morocco and Egypt should be made, the French and Spanish Governments shall come to an understanding regarding the establishment of an economic régime that may especially meet their mutual interests.

XVI. The present convention shall be published when the two governments by mutual agreement shall decide that it may be published without prejudice.