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Section VI.—Egypt (Art. 147 to 154)

Article 147.

Germany declares that she recognises the Protectorate proclaimed over Egypt by Great Britain on December 18, 1914, and that she renounces the régime of the Capitulations in Egypt.

This renunciation shall take effect as from August 4, 1914.

Note to IV, 147

The British declaration of a protectorate over Egypt in succession to the suzerainty of the Ottoman Empire is printed in Hertslet, 27 Commercial Treaties, p. 107. Notice of the termination of the protectorate and recognition of the independence of Egypt was given by the United Kingdom in a circular despatch dated March 15, 1922 (116 British and Foreign State Papers, p. 84). The despatch was addressed to the German as well as other governments.

August 4, 1914 is the date of the German invasion of Belgium and of the consequent declaration of war by Great Britain against Germany, which was effective from midnight, Central European time.

Article 148.

All treaties, agreements, arrangements and contracts concluded by Germany with Egypt are regarded as abrogated as from August 4, 1914.

In no case can Germany avail herself of these instruments and she undertakes not to intervene in any way in negotiations relating to Egypt which may take place between Great Britain and the other Powers.

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Article 149.

Until an Egyptian law of judicial organization establishing courts with universal jurisdiction comes into force, provision shall be made, by means of decrees issued by His Highness the Sultan, for the exercise of jurisdiction over German nationals and property by the British Consular Tribunals.

Note to IV, 149

A convention between Egypt and Germany dated June 16, 1925 (file 783.003/352) dealt with German consular jurisdiction; though not ratified, it was followed in practice.

The multilateral convention for the abolition of capitulations in Egypt was signed at Montreux on May 8, 1937 and was effective from October 15, 1937 (182 League of Nations Treaty Series, p. 37; U. S. Treaty Series 939). Germany refused to participate in the negotiation of the convention (file 783.003/166). The competence of the Mixed Tribunals, which was to be maintained until October 14, 1949, was extended to nationals of Austria, Czechoslovakia, Germany, Hungary, Poland, Rumania, Switzerland, and Yugoslavia by paragraph 1 of the declaration of the Egyptian Government of May 8, 1937. This provision was made applicable to Germany by Egyptian decrees of February 25 and August 26, 1938 (file 783.003/361).

Article 150.

The Egyptian Government shall have complete liberty of action in regulating the status of German nationals and the conditions under which they may establish themselves in Egypt.

Article 151.

Germany consents to the abrogation of the decree issued by His Highness the Khedive on November 28, 1904, relating to the Commission of the Egyptian Public Debt, or to such changes as the Egyptian Government may think it desirable to make therein.

Note to IV, 151

Germany became concerned with the Egyptian public debt, under the supervision of the Commission de la Caisse de la Dette Publique, by the terms of the convention between Great Britain, Austria-Hungary, France, Germany, Italy, Russia, and Turkey signed at London March 18, 1885 and the decree of the Khedive of July 27, 1885 (76 British and Foreign State Papers, pp. 348, 352). A decree [Page 297]of the Khedive of June 22, 1886 (76 ibid., p. 746) modified that decree. The commission, in which Germany was not originally concerned, was established by an Egyptian decree of May 2, 1876 and was first appointed on May 22 (67 ibid., pp. 1014, 1024). The decree of the Khedive of November 28, 1904 (97 ibid., p. 41) reorganized the unified public debt service of the five categories of debt and provided for the commission to be composed of German, English, Austrian, French, Italian, and Russian nationals.

Article 152.

Germany consents, in so far as she is concerned, to the transfer to His Britannic Majesty’s Government of the powers conferred on His Imperial Majesty the Sultan by the Convention signed at Constantinople on October 29, 1888, relating to the free navigation of the Suez Canal.

She renounces all participation in the Sanitary, Maritime, and Quarantine Board of Egypt and consents, in so far as she is concerned, to the transfer to the Egyptian Authorities of the powers of that Board.

Note to IV, 152

The convention of October 29, 1888 relating to the free navigation of the Suez Canal is printed in 79 British and Foreign State Papers, p. 18. The relations between Egypt and the United Kingdom with respect to the canal are based upon the provisions of the treaty of alliance, concluded by them on August 26, 1936, and in force for an initial period extending to December 22, 1956 (173 League of Nations Treaty Series, p. 401).

Article 153.

All property and possessions in Egypt of the German Empire and the German States pass to the Egyptian Government 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 Egypt belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.

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Article 154.

Egyptian goods entering Germany shall enjoy the treatment accorded to British goods.