DECLARATION BETWEEN THE UNITED
KINGDOM AND FRANCE RESPECTING EGYPT AND MOROCCO, TOGETHER WITH THE SECRET
ARTICLES SIGNED AT THE
SAME TIME.
Signed at London, April 8, 1904.
ARTICLE I.
His
Britannic Majesty's Government declare that they have no intention of altering
the
political status of Egypt.
The
Government of the French Republic, for their part, declare that they will
not obstruct
the action of Great Britain
in that country by asking that a limit of time be fixed for the British
occupation or in any other manner,
and that they give their assent to the draft Khedivial decree
annexed to the present arrangement,
containing the guarantees considered necessary for the
protection of the interests
of the Egyptian bondholders, on the condition that, after its
promulgation, it cannot be modified
in any way without the consent of the Powers signatory of
the Convention of London of
1885.
It
is agreed that the post of Director-General of Antiquities in Egypt shall
continue, as in
the past, to be entrusted to
a French savant.
The
French schools in Egypt shall continue to enjoy the same liberty as in
the past.
ARTICLE II.
The
Government of the French Republic declare that they have no intention of
altering the
political status of Morocco.
His
Britannic Majesty's government, for their part, recognize that it appertains
to France,
more particularly as a Power
whose dominions are coterminous for a great distance with those of
Morocco, to preserve order in
that country, and to provide assistance for the purpose of all
administrative, economic, financial,
and military reforms which it may require.
They declare
that they will not obstruct
the action taken by France for this purpose, provided that such action
shall leave intact the rights
which Great Britain, in virtue of treaties, conventions, and usage,
enjoys in Morocco, including
the right of coasting trade between the port of Morocco, enjoyed by
British vessels since 1901.
ARTICLE III.
His
Britannic Majesty's Government, for their part, will respect the rights
which France, in
virtue of treaties, conventions,
and usage, enjoys in Egypt, including the right of coasting trade
between Egyptian ports accorded
to French vessels.
ARTICLE IV.
The
two governments, being equally attached to the principle of commercial
liberty both in
Egypt and Morocco, declare that
they will not, in those countries, countenance any inequality
either in the imposition of
customs duties or other taxes, or of railway transport charges.
The
trade of both nations with Morocco and with Egypt shall enjoy the same
treatment in
transit through the French and
British possessions in Africa. An agreement between the two
governments shall settle the
conditions of such transit and shall determine the points of entry.
This
mutual engagement shall be binding for a period of thirty years. Unless
this
stipulation is expressly denounced
at least one year in advance, the period shall he extended for
five years at a time.
Nevertheless,
the Government of the French Republic reserve to themselves in Morocco,
and His Britannic Majesty's
Government reserve to themselves in Egypt, the right to see that the
concessions for roads, railways,
ports, &c., are only granted on such conditions as will maintain
intact the authority of the
state over these great undertakings of public interest.
ARTICLE V.
His
Britannic Majesty's Government declare that they will use their influence
in order that
the French officials in the
Egyptian service may not be placed under conditions less advantageous
than those applying to the British
officials in the same service.
The
Government of the French Republic, for their part, would make no objection
to the
application of analogous conditions
to British officials now in the Moorish service.
ARTICLE VI.
In
order to ensure the free passage of the Suez Canal, His Britannic Majesty's
Government
declare that they adhere to
the stipulations of the treaty of the 29th October, 1888, and that
they
agree to their being put in
force. The free passage of the canal being thus guaranteed, the
execution of the last sentence
of paragraph 1 as well as of paragraph 2 of Article 8 of that treaty
will remain in abeyance.
ARTICLE VII.
In
order to secure the free passage of the Straits [sic] of Gibraltar, the
two governments
agree not to permit the erection
of any fortifications or strategic works on that portion of the
coast of Morocco comprised between,
but not including, Melilla and the heights which command
the right bank of the river
Sebou.
This
condition does not, however, apply to the places at present in the occupation
of
Spain on the Moorish coast of
the Mediterranean.
ARTICLE VIII.
The
two governments, inspired by their feeling of sincere friendship for Spain,
take into
special consideration the interests
which that country derives from her geographical position and
from her territorial possessions
on the Moorish coast of the Mediterranean. In regard to these
interests the French Government
will come to an understanding with the Spanish Government.
The
agreement which may be come to on the subject between France and Spain
shall be
communicated to His Britannic
Majesty's Government.
ARTICLE IX.
The
two governments agree to afford to one another their diplomatic support,
in order to
obtain the execution of the
clauses of the present declaration regarding Egypt and Morocco.
In
witness whereof his excellency the Ambassador of the French Republic at
the Court of
His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor
of India, and His Majesty's Principal Secretary of State for
Foreign Affairs, duly authorized
for that purpose, have signed the present declaration and have
affixed thereto their seals.
Done
at London, in duplicate, the 8th day of April, 1904.
( L. S. ) LANSDOWNE.
( L. S. ) PAUL CAMBON.
Secret Articles.
ARTICLE I.
In
the event of either government finding themselves constrained, by the force
of
circumstances, to modify their
policy in respect to Egypt or Morocco, the engagements which
they have undertaken towards
each other by Articles 4, 6, and 7 of the declaration of to-day's date
would remain intact.
ARTICLE II.
His
Britannic Majesty's Government have no present intention of proposing to
the Powers
any changes in the system of
the Capitulations, or in the judicial organization of Egypt.
In
the event of their considering it desirable to introduce in Egypt reforms
tending to
assimilate the Egyptian legislative
system to that in force in other civilized countries, the
Government of the French Republic
will not refuse to entertain any such proposals, on the
understanding that His Britannic
Majesty's Government will agree to entertain the suggestions
that the Government of the French
Republic may have to make to them with a view of introducing
similar reforms in Morocco.
ARTICLE III.
The
two governments agree that a certain extent of Moorish territory adjacent
to Melilla,
Ceuta, and other pr‚sides should,
whenever the Sultan ceases to exercise authority over it, come
within the sphere of influence
of Spain, and that the administration of the coast of Melilla , as far
as, but not including, the heights
on the right bank of the Sebou shall be entrusted to Spain.
Nevertheless,
Spain would previously have to give her formal assent to the provisions
of
Articles 4 and of the declaration
of to-day's date, and undertake to carry them out.
She
would also have to undertake not to alienate the whole, or a part, of the
territories
placed under her authority or
in her sphere of influence.
ARTICLE IV.
If
Spain, when invited to assent to the provisions of the preceding article,
should think
proper to decline, the arrangement
between France and Great Britain, as embodied in the
declaration of to-day's date,
would be none the less at once applicable.
ARTICLE V.
Should
the consent of the other Powers to the draft decree mentioned in
Article 1 of the
declaration of to-day's date
not be obtainable, the Government of the French Republic will not
oppose the repayment at par
of the guaranteed, privileged, and unified debts after the 15th July,
1910.
Done at London, in duplicate,
the 8th day of April, 1904.
(L S.) LANSDOWNE.
(L. S.) PAUL CAMBON.
TEXT
Great Britain Treaty Series,
No. 24, 1911. -
This declaration, without the
secret articles, is published in the SUPPLEMENT (Vol. I, p. 6)
Reprinted "for ready reference
in connection with the secret articles now made public." in
American Journal of International
Law vol 16, 1912, 26ff
(The text of the draft Khedivial
decree referred to in Article 1 of the main treaty is in
Parliamentary Papers "Treaty
series, No. 6 (1905)." (Cd. 2384.))
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