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Section V.—Morocco (Art. 141 to 146)

Article 141.

Germany renounces all rights, titles and privileges conferred on her by the General Act of Algeciras of April 7, 1906, and by the Franco-German Agreements of February 9, 1909, and November 4, 1911. All treaties, agreements, arrangements and contracts concluded by her with the Sherifian Empire are regarded as abrogated as from August 3, 1914.

In no case can Germany take advantage of these instruments and she undertakes not to intervene in any way in negotiations relating [Page 293]to Morocco which may take place between France and the other Powers.

Note to IV, 141

This article brought to a conclusion the intervention of Germany in Moroccan affairs which became critical with a provocative declaration by the Kaiser at Tangier in 1905 and came to an end with the revision of French and German possessions in favor of Germany in Central Africa by the 1911 convention.

The general act of Algeciras of April 7, 1906 (Treaty Series 456; Treaties, Conventions, etc., 1776–1909, ii, 2157) was based upon the convention of July 3, 1880 as to protection in Morocco (Treaty Series 246; Treaties, Conventions, etc., 1776–1909, i, 1220) which also was renounced by Germany in virtue of this article as from August 3, 1914, the date of the declaration of war by Germany against France.

The declaration regarding the integrity of Morocco of February 9, 1909 (102 British and Foreign State Papers, p. 435) and the convention of November 4, 1911 (104 ibid., p. 948) defined special German positions in Morocco so far as France was concerned.

In consequence of article 141, Germany was not a party to the convention of December 18, 1923 (28 League of Nations Treaty Series, p. 541) relating to the organization of the statute of the Tangier Zone signed at Paris for Spain, France, Great Britain, and Italy, nor to the agreement revising that convention signed at Paris July 25, 1928 (87 ibid., p. 211). Spain extended the law of the Spanish Zone to Tangier on November 23, 1940. A conference of experts drew up recommendations on the future regime at Paris August 10–31, 1945.

Article 142.

Germany having recognized the French Protectorate in Morocco, hereby accepts all the consequences of its establishment, and she renounces the régime of the capitulations therein.

This renunciation shall take effect as from August 3, 1914.

Note to IV, 142

France concluded a treaty for a protectorate over Morocco with the Sultan at Fez on March 30, 1912 (106 British and Foreign State Papers, p. 1023). A declaration concerning reciprocal relations in Libya and Morocco by France and Italy signed at Paris October 28, 1912 (107 ibid., p. 794) and a convention concerning Morocco signed at Madrid on behalf of France and Spain on November 27, 1912 (106 ibid., p. 1025) involved recognition of the French protectorate. The [Page 294]convention with Spain took cognizance of the Spanish Zone of Morocco surrounding Tangier. Great Britain recognized the French protectorate on December 19, 1914 and the United States on January 15, 1917 ( Foreign Relations, 1917, p. 1094).

Article 143.

The Sherifian Government shall have complete liberty of action in regulating the status of German nationals in Morocco and the conditions in which they may establish themselves there.

German protected persons, semsars and “associés agricoles” shall be considered as having ceased, as from August 3, 1914, to enjoy the privileges attached to their status and shall be subject to the ordinary law.

Article 144.

All property and possessions in the Sherifian Empire of the German Empire and the German States pass to the Maghzen without payment.

For this purpose, the property and possessions of the German Empire and States shall be deemed to include all the property of the Crown, the Empire or the States, and the private property of the former German Emperor and other Royal personages.

All movable and immovable property in the Sherifian Empire belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.

Mining rights which may be recognised as belonging to German nationals by the Court of Arbitration set up under the Moroccan Mining Regulations shall form the subject of a valuation, which the arbitrators shall be requested to make, and these rights shall then be treated in the same way as property in Morocco belonging to German nationals.

Article 145.

The German Government shall ensure the transfer to a person nominated by the French Government of the shares representing Germany’s portion of the capital of the State Bank of Morocco. The value of these shares, as assessed by the Reparation Commission, shall be paid to the Reparation Commission for the credit of Germany on account of the sums due for reparation. The German [Page 295]Government shall be responsible for indemnifying its nationals so dispossessed.

This transfer will take place without prejudice to the repayment of debts which German nationals may have contracted towards the State Bank of Morocco.

Note to IV, 145

Germany delivered and was credited with 2200 shares of the capital of the State Bank of Morocco, valued at 642,672 gold marks.

Article 146.

Moroccan goods entering Germany shall enjoy the treatment accorded to French goods.