781.003/177b
The Secretary of
State to the French Ambassador (Saint-Quentin)
Washington, January 21, 1939.
Excellency: Your Excellency will recall
that in my note of August 23, 1938,2 the intention of this Government was
expressed to submit to your Government the drafts of a capitulations
convention and a treaty of establishment, commerce and navigation
concerning the French Zone of the Shereefian Empire.
In now transmitting drafts of those instruments, it has been
considered useful, with a view to facilitating examination of the
proposed texts, to include certain comments concerning their
respective provisions. These comments are given below, beginning
with a seriatim examination of the provisions of each article of the
proposed capitulations convention and continuing with a general
examination of the proposed treaty of establishment, commerce and
navigation.
Capitulations Convention
Article 1
Article 1 is more detailed in character than the corresponding
article of the British Convention3 The first paragraph is identical, mutatis mutandis, with the single paragraph
of the British Convention but the article includes, besides, a
subsection (2) of paragraph 2 which corresponds to paragraph 4 of
the Protocol annexed to the British Convention and subsection (3) of
paragraph 2 which corresponds to paragraph 3 of Article 16 of that
Convention.
It will be noted that Article 15 of the Convention of Madrid of
18804 relates to the change of
nationality by naturalization. In view of the proposed termination
of this article, along with the other articles of that Convention,
it is believed appropriate to suggest the conclusion
[Page 632]
of a treaty of naturalization and
military obligations applicable to the United States of America and
the French Zone of the Shereefian Empire. A draft of such a treaty,
identical in substance with treaties in force between the United
States and several other countries, is accordingly enclosed.5
The articles of the Act of Algeciras,6 which it is proposed to abrogate, so
far as concerns the French Zone of the Shereefian Empire, are
identical with those mentioned in the British Convention, with the
exception of Articles 51–53 which this Government does not consider
necessary for retention. It may be added that, in the event the
French Government is disposed to accept the text of subsection (7)
of paragraph 2 of Article 6 of the draft convention this Government
would be prepared to include among the abrogated articles of the Act
of Algeciras all those contained in Chapter V of that Act, namely,
Articles 77–104, inclusive, in addition to those now specifically
mentioned as subject to abrogation.
Article 2
Paragraphs 1 and 2 of this article are identical, mutatis mutandis, with the corresponding paragraphs of the
British Convention. Paragraph 4 of the draft is intended to confer
the same rights upon American Chambers of Commerce in French Morocco
as are granted to British Chambers of Commerce in the exchange of
notes nos. 7–8 annexed to the British Convention. While paragraphs
of Article 2 of the British Convention makes the continuance of the
provisions of the article after an expiry of ten years subject to
the granting of most-favored-nation treatment to subjects and
companies of the French Zone as regards the matter referred to in
the second paragraph of the article, the fifth paragraph of the
present draft proposes to grant such treatment at once.
The third paragraph of the draft convention has no precise
counterpart in the British Convention. However, the legislative and
administrative non-discrimination therein provided for as affecting
American nationals, American-protected persons, American companies,
American ships, American aircraft and American goods is but a more
explicit interpretation of the principle of economic liberty without
any inequality already affirmed in the Act of Algeciras and
reaffirmed elsewhere in the draft convention. The emphasis given
that principle is a measure of the importance which this Government
attaches to its maintenance in Morocco.
[Page 633]
Article 3
Article 3 is, mutatis mutandis, identical with
Article 3 of the British Convention.
Article 4
This article is practically identical with Article 4 of the British
Convention except that the second sentence of the final paragraph
has been slightly revised to conform with a similar provision in the
Montreux Capitulations Convention of May 8, 1937,7 providing for a period of twelve years
rather than an indefinite term for the retention of American
consular court records. Article 4 has been further modified to
provide that such records shall be “open for inspection by” rather
than “made available to” the tribunals of the French Zone of the
Shereefian Empire.
Article 5
This article is conformable with Article 5 of the British Convention
with the addition of provisions corresponding to those embodied in
paragraph (2) of the Minute and of notes nos. 3–4, annexed to the
British Convention. To obviate the necessity of an annex such as
that mentioned in paragraph 3 of Article 5 of the British
Convention, American protégés for signal services have been included
as entitled to the benefits of the provisions of this article.
Article 6
The first paragraph of this article corresponds to the first
paragraph of Article 7 of the British Convention, with the addition
of a reference to internal taxes, and the interpolation of “and
Moroccan” between “French” and “nationals”, as well as between
“French” and “companies”.
Paragraph 2 of Article 6 is a more explicit rendering of the
provisions of paragraph 2 of the Protocol of Signature annexed to
the British Convention. Moreover, the definition of economic liberty
without any inequality herein proposed represents in substance the
terms of a similar definition which was accepted verbatim by the
British, French and Spanish Governments in 1924 as one of the
conditions made by this Government as prerequisite to its adherence
to the Tangier Statute. You will recall that the French Government
accepted these stipulations in a note dated October 31, 1924 from
the French Embassy to the Department.8
In the redrafting of the definition, this Government, while
conforming as far as possible with the formula agreed upon in 1924,
has naturally been moved to take into account forms of economic
control
[Page 634]
which have
developed since that time and were not then contemplated. The
previous agreement of the French Government to a provision
substantially similar in tenor, in relation to the international
zone of Tangier, should insure, it is believed, its acceptability
under the present circumstances, the more particularly as the
general principle of equality of treatment not only forms a part of
the existing Act of Algeciras but is embodied in the Protocol of
Signature annexed to the British Convention.
The expression “régime of economic liberty without any inequality”
has been substituted for the original phrase “regime of economic
equality” for the reason that the former, incorporated as it is in
the preamble of the Act of Algeciras, has come to have an accepted
connotation in respect of Morocco. The interpolations relative to
quotas and exchange control do not, it is believed, require any
special comment. The provision concerning monopolies is identical
with that proposed in 1924.
The final provision of Article 6 relates to customs valuation.
Subsection (a) is an adaptation in more
precise terms of the principle of customs valuation embodied in
Article 95 of the Act of Algeciras and in the interpretative
paragraph concerning customs valuation included in the Anglo-French
Commercial Treaty on French Morocco of July 18, 1938.9 Moreover, the formula
“purchase value” is based on Article 82 of the official French Observations Preliminaires, edition 1933,
setting forth the basis of customs valuation in France, while the
subsection as a whole follows very closely the first paragraph of
Article 6, relating to customs valuation, in the Commercial
Agreement between France and Belgium of February 23, 1928.10 Subsection
(b) calls for no comment but, of
subsection (c), it may be noted that it is an
adaptation of Article 85 of the Act of Algeciras. Accordingly, it is
presumed that these provisions of Article 6 will commend themselves
to the French Government, based as they are either on French
practice or on methods defined by the Act of Algeciras.
Article 7
Article 7 corresponds to Article 8 of the British Convention but
provides for immediate most-favored-nation treatment for Moroccan
subjects in the United States.
Article 8
Article 8 is identical, mutatis mutandis, with
Article 9 of the British Convention.
[Page 635]
Article 9
Article 9 corresponds in general to Article 10 of the British
Convention. The first paragraph has been modified to provide that
this Government shall have the right to maintain consulates at any
place in the French Zone “which is open to the consular
representatives of any foreign country”. Moreover, the second
paragraph reserves to American consular officers, pending the
conclusion of a consular convention, the rights, privileges and
immunities which they possess at present, other than those of a
judicial character under the capitulations.
Article 10
The first paragraph of Article 10 corresponds to the whole of Article
11 of the British Convention. A new paragraph has been added
providing for most-favored-nation treatment for American
missionaries. There is also added a provision reserving the
operation of Article 11 of the Convention revising the General Act
of Berlin of February 26, 1885, and the General Act and Declaration
of Brussels of July 2, 1890, signed at St. Germain-en-Laye,
September 10, 1919.11
Article 11
Article 11 is identical, mutatis mutandis,
with Article 12 of the British Convention.
Articles 12 and 13
Article 13 of the British Convention was not deemed to be a suitable
model for use in a treaty of the United States and, accordingly,
this Government proposes two articles relating to estate cases which
are standard in the consular conventions of the United States.
Articles similar to Articles 12 and 13 are now in force between the
United States and many other countries. The United States is
prepared to offer Moroccan subjects immediate most-favored-nation
treatment in the matter of consular rights in relation to the
settlement of estates and transmission of proceeds of estates.
Articles 14 and 15
Articles 14 and 15 are identical, mutatis
mutandis, with Articles 14 and 15 of the British
Convention.
Article 16
The first and second paragraphs of Article 16 correspond to the first
two paragraphs of Article 24 of the British Convention, except that
the expression “companies” has been given a more comprehensive
interpretation in order to make it inclusive both of commercial
associations as well as companies.
[Page 636]
A third paragraph has been added defining Moroccan companies, while
the fourth paragraph corresponds to the third paragraph of Article
24 of the British Convention with the addition of a clause made
necessary by the nonadherence of this Government to the Tangier
Statute.
Article 17
Article 17 corresponds to Article 25 of the British Convention. It
provides for arbitration under the existing treaty of the United
States and France,12 unless the High Contracting Parties
agree on another method of settlement.
Article 18
Article 18 is practically identical with Article 26 of the British
Convention.
Treaty of Establishment, Commerce
and Navigation
It will be observed that the enclosed draft treaty of establishment,
commerce and navigation13 includes provisions relating to establishment
and navigation, as well as to commerce. While establishment and
navigation provisions are also included in the draft capitulations
convention, the nature of that instrument precludes the extension,
in all respects, of such provisions to the subjects of His Majesty
the Sultan of Morocco in the French Zone of the Shereefian Empire on
a basis of reciprocity. However, the enclosed draft treaty of
establishment, commerce and navigation accords rights in the United
States to Moroccan nationals, corporations, goods and ships of the
French Zone of Morocco, as well as to American nationals,
corporations, goods and ships in that Zone.
As the treaty conforms in general with treaties of establishment,
commerce and navigation concluded by this Government with many other
countries, its provisions are not believed to require any extended
comment.
Owing to the non-adherence of this Government to the convention
signed at Paris on December 18, 1923,14 as modified by the agreement of
July 25, 1928,15 regarding the organization of the Statute of the
Tangier Zone, and due to the continued exercise by this Government
of extraterritorial rights in that Zone, it would not, of course, be
practical for the present draft treaty of establishment, commerce
and navigation to be extended at this time to the Tangier Zone.
However,
[Page 637]
with a view to
insuring uniformity in the customs tariff in the various zones of
Morocco, provision has been made in Article XX for the extension of
the customs provisions of the treaty, under certain circumstances,
to the Spanish Zone of influence and to the Tangier Zone. That
article, moreover, makes possible the extension to the Tangier Zone
of the quota provisions of the treaty.
With regard to the quota provisions included in the annex to the
draft treaty, it may be recalled that in a memorandum presented to
the French Government by the American Embassy in Paris on January
24, 1938,16 it was stated that the United States
Government had not modified its views that the imposition of quotas
and the introduction of similar restrictive systems are a hindrance
to that normal and free development of international trade most
conducive to the upbuilding of world economy. It was added that if,
notwithstanding the position the United States had assumed generally
in respect of quotas, the adoption of a quota system in Morocco on a
limited list of articles to be agreed upon by the countries most
concerned, was looked upon with favor by other interested
governments, the United States Government would not wish to appear
obstructive in the matter. When presenting this memorandum, the
Embassy was informed that, as regarded the adoption of a quota
system in Morocco, the French Government looked at the matter in the
same spirit as that reflected in this Government’s
communication.
In view of these considerations, my Government is not requesting
assurances against the imposition of quantitative restrictions on
the importation into French Morocco of products other than those of
special interest to the United States numbering at this time some
thirty-five items as listed in the Annex.17 On the other hand, it will
no doubt be appreciated that my Government attaches particular
importance to the assurances sought from the French Government that
quantitative restrictions will not be imposed on the importation
into French Morocco of the products referred to in the Annex.
Moreover, it will be noted that the value of imports from the United
States into French Morocco of the products for which such assurances
are sought amounted to an average of only 5.2 percent of the value
of total imports of all products from all countries into that Zone
for the years 1927 to 1937, as is indicated in the following table
based upon official Moroccan statistics as published in Statistiques du Mouvement Commercial et Maritime
du Maroc.
[Page 638]
Year |
Total
Imports From all Countries |
Imports from U.S. of Products Listed in Annex |
Percentage of Total
Imports |
|
(Values in 1,000 francs) |
|
1927 |
1,798,598 |
78,392 |
4.4 |
1928 |
1,999,545 |
108,707 |
5.4 |
1929 |
2,547,430 |
173,402 |
6.8 |
1930 |
2,208,474 |
131,790 |
6.0 |
1931 |
2,075,191 |
95,968 |
4.6 |
1932 |
1,785,058 |
63,617 |
3.6 |
1933 |
1,532,416 |
61,432 |
4.0 |
1934 |
1,319,705 |
61,539 |
4.7 |
1935 |
1,139,138 |
60,705 |
5.3 |
1936 |
1,150,502 |
80,213 |
7.0 |
1937 |
1,765,624 |
99,188 |
5.6 |
It will be observed that my Government seeks also, in the Annex,
bindings of the duties on the same thirty-five items and bindings of
the internal taxes on all but two of those items. The items included
in the List represent products of which, according to Moroccan
customs statistics for the years 1927 to 1937, inclusive, the United
States was the principal supplier during one or more of those years
and was in most cases the supplier of a preponderant share of such
goods.
While there has not been incorporated in the treaty proper any
article corresponding to Article 2 of the Anglo-French Commercial
Treaty of July 18, 1938, recognizing customs autonomy in relation to
the French and Tangier Zones of the Shereefian Empire, the United
States is prepared to give due consideration to the inclusion of
such an article in the event the French Government so desires.
It is understood, of course, that the enclosed drafts are subject to
revision during the negotiations.
Accept [etc.]
[Enclosure]
Proposed Convention Between the United
States and Frame for the Renunciation of American
Extraterritorial Rights in the French Zone of
Morocco
Preamble
The President of the United States of America, and the President
of the French Republic, acting in his own name and on behalf of
His Majesty the Sultan of Morocco;
Whereas the present special régime applicable in the French Zone
of the Shereefian Empire to American consuls, nationals,
protected-persons,
[Page 639]
companies, goods and ships is no longer in accordance with the
present state of that Zone;
And whereas both High Contracting Parties are desirous of
modifying certain treaties in order to render them more in
conformity with existing conditions;
Have accordingly decided to conclude a convention for this
purpose and have appointed as their plenipotentiaries:
The President of the United States of America:
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . ;
and
The President of the French Republic:
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . ;
Who, having communicated to each other their full powers found to
be in good and due form, have agreed upon the following
articles:
Article I
- 1.
- The United States of America agrees to renounce all rights
and privileges of a capitulatory character in the French
Zone of the Shereefian Empire.
- 2.
- Specifically such renunciation shall be considered to
include:
- (1)
- The abrogation of the Treaty of Peace and
Friendship, signed September 16, 1836.18
- (2)
- The relinquishment of the right of the United
States of America to rely in the French Zone of the
Shereefian Empire upon the following Articles of the
Act of Algeciras: Articles 1 to 65, 70, 71, all
provisions of Article 72 after the word “permit”,
75, 76, 80, 97, 101, 102, 104, 113 to 119, while in
Article 81 the words “by the competent consular
authority” must be deemed to be omitted and in
Article 91 the word “competent” must henceforth be
substituted for the word “consular”.
- (3)
- All rights and privileges acquired in the French
Zone of the Shereefian Empire under the Convention
of Madrid of 1880.
Article II
- 1.
- American nationals, American-protected persons and
American companies in the French Zone of the Shereefian
Empire shall be subject to the jurisdiction of the same
tribunals as French citizens and French companies.
- 2.
- In their recourse to such tribunals American nationals,
American-protected persons and American companies shall be
subject to the same conditions as French citizens and French
companies.
- 3.
- No discrimination to the detriment of American nationals,
American-protected persons, American companies, American
ships, or
[Page 640]
American
aircraft or to the detriment of goods, the growth, produce
or manufacture of the United States of America, shall be
made in any legislation governing the French Zone of the
Shereefian Empire, or shall be effected by administrative
action in that Zone.
- 4.
- American Chambers of Commerce in the French Zone of the
Shereefian Empire shall enjoy rights and privileges no less
favorable than those accorded to the Chambers of Commerce of
the most-favored-nation.
- 5.
- The subjects of His Majesty the Sultan of Morocco and
companies duly incorporated under the law of the French Zone
of the Shereefian Empire shall enjoy in the United States of
America the treatment of the most-favored-nation as regards
access to the courts of justice.
Article III
- 1.
- In respect of matters occurring before the entry into
force of the present convention, laws and regulations of the
French Zone of the Shereefian Empire shall only be applied
to American nationals, American-protected persons, American
companies and American ships in cases where in accordance
with the existing practice such laws and regulations were
then applicable to them.
- 2.
- Duties and taxes, however, payable under legislation,
enacted less than one year before the date of the entry into
force of the present convention and not yet made applicable
to American nationals, American-protected persons and
American companies by the Government of the United States of
America, may be recovered from such nationals, protected
persons and companies.
- 3.
- American nationals, American-protected persons and
American companies shall not be sued in the courts of the
French Zone for taxes or duties of any kind which became due
more than two years before the coming into force of this
convention.
Article IV
- 1.
- The American courts at present exercising jurisdiction in
the French Zone of the Shereefian Empire shall continue to
deal with the cases regularly instituted before them before
the entry into force of the present convention until these
cases are finally completed.
- 2.
- Decisions which are final, given by the said courts within
the limits of their jurisdiction, shall be recognized as
having the force of res judicata by
the authorities of the French Zone of the Shereefian Empire.
Certificates given by the American consular officers to the
effect that the said decisions are final will be
accepted.
- 3.
- The United States of America undertakes to retain in
Morocco, during a period of twelve years from the date of
the entrance into
[Page 641]
force of this convention, all the judicial records of the
American consular courts. These records shall be open for
inspection by the tribunals of the French Zone of the
Shereefian Empire whenever these tribunals require them for
the purpose of cases within their jurisdiction. Certified
copies of these records will be furnished on request to the
said tribunals, the competent authorities of the Zone and to
any other properly interested party.
Article V
- 1.
- Subject to the provisions of paragraphs 2 and 3 below, no
person owing allegiance to His Majesty the Sultan of Morocco
may claim in the French Zone of the Shereefian Empire the
protection of the United States of America.
- 2.
- Natives of the French Zone of the Shereefian Empire, who
at the date of the entry into force of the present
convention enjoy American protection, whether as employees
of an American consulate, as semsars
or as protégés for signal services shall for the remainder
of their lives be justiciable by the French tribunals of the
Shereefian Empire except as regards matters coming within
the jurisdiction of the Moslem or Jewish religious courts.
Moreover, the like right shall extend to American-protected
persons of the Spanish Zone and of the Tangier Zone in
respect of litigation in which they may be engaged in the
French Zone. A list of the persons referred to in this
paragraph shall be drawn up within six months of the coming
into force of the present convention by agreement between
the French Residency-General and the American Diplomatic
Agency and Consulate General at Tangier. This list shall
include the wives and minor children of these persons living
under the same roof, and the provisions of this paragraph
shall apply in the case of the wives during the lifetime of
their husbands, and in the case of the children until the
death of their fathers or until their majority, whichever
happens earliest.
- 3.
- The High Contracting Parties agree that the American
consular authorities in the French Zone of the Shereefian
Empire shall be competent to make representations to the
competent authorities in favor of the persons mentioned in
paragraph 2 above.
Article VI
- 1.
- American nationals, American-protected persons and
American companies shall enjoy in the French Zone of the
Shereefian Empire the same personal and private rights (droits privés) as French and Moroccan
nationals and French and Moroccan companies. They shall have
the same guarantees for the protection of person and
property; and they shall pay no internal taxes other or
higher than those exacted of and paid by French or Moroccan
nationals or companies.
- 2.
- In addition to the rights granted in Article 2 and in the
first paragraph of this Article, American nationals,
protected persons, companies, goods, ships, and aircraft
shall enjoy in the French Zone of the Shereefian Empire a
regime of economic liberty without any inequality with
French citizens, companies, goods, ships and aircraft, and
with Moroccan subjects, companies, goods, ships and
aircraft. The term “regime of economic liberty without any
inequality” shall be understood to include, among other
things:
- (1)
- That with respect to customs or tonnage duties,
charges in respect of warehousing and other
facilities, port dues, or other charges, taxes, fees
or exactions of whatever character appertaining to
industry, trade, or commerce, there shall be no
discrimination in law or in fact placing or tending
to glace nationals, protected-persons, companies,
goods, aircraft or ships of the United States of
America at a disadvantage as compared with
nationals, protected-persons, companies, goods,
aircraft or ships of any other country; and that
every advantage, favor, privilege, or immunity which
is or may be accorded to any article originating in
or destined for any other country shall be extended
unconditionally, immediately, without request and
without compensation, to the like article
originating in the United States of America, from
whatever place arriving, or destined for the United
States of America;
- (2)
- That no import or export prohibition, restriction,
or license system, including import or customs
quotas and other forms of quantitative regulations
affecting the importation, sale, or use of imported
articles, shall be applied to articles originating
in or destined for the United States of America
which is other or more burdensome than that applied
to the like articles originating in or destined for
any other country. If a share of the total quantity
of any article permitted to be imported or sold, or
permitted to be imported or sold at a lower duty or
charge than the duty or charge imposed on the
importation or sale of quantities in excess of such
total quantity is allotted to any other country, a
share equivalent to the proportion of the total
importations of such article which was supplied by
the United States of America during a previous
representative period shall be allotted to the
United States of America;
- (3)
- That, if any form of control of the means of
international payment is established or maintained,
such control shall be administered so as not to
influence to the disadvantage of the United States
of America the competitive relationships between
articles originating in the United States of America
and similar articles originating in any other
country; and that no restrictions shall be imposed
upon payments to American nationals which are other
or more burdensome than those applied to payments to
the nationals of any other country;
- (4)
- That in regard to the right to acquire, possess
and dispose of both movable and immovable property,
in the pursuit of occupations, industries, or
professions, and in all that pertains to facilities
of every kind, including the prospecting for and
utilization of natural resources, there shall be no
discrimination;
- (5)
- That in the granting of concessions of all kinds
as well as in the granting of contracts for public
works and in the purchase of supplies, there shall
be suitable opportunity for competition and open
bidding free from any condition or provision
calculated to give competitors of one nationality or
the goods of a particular country any advantage over
those of another; and
- (6)
- That no monopoly or exclusive privileges shall be
created or granted which would result in
monopolization of the markets, resources, or
facilities of the French Zone of the Shereefian
Empire for the benefit of any special interests,
directly or indirectly, or in any exclusive or
preferential advantage inconsistent with the
principle of complete equality of
opportunity.
- (7)
- (a) With respect to
articles, the growth, produce or manufacture of the
United States of America imported into the French
Zone of the Shereefian Empire, on which ad valorem
rates of duty are or may be assessed, the declared
value for customs purposes shall be the cash
wholesale value of the merchandise at the time when
and the place where presented to the customs, that
is to say, the purchase value in the country of
shipment, increased by the necessary charges for
importation up to the place of entry
(transportation, freight, insurance, lighterage,
etc.), excluding customs duties and warehouse
charges.
- (b) The basis for the
conversion of currency for customs valuation
purposes shall be the latest available official
buying rate of the State Bank of Morocco.
- (c) In the event any
dispute should arise regarding the assessment of
customs duties under subsection (a) above, the customs shall either levy the
duty in kind, then and there, or, if the merchandise
is indivisible, take the said merchandise by at once
paying the declarant its declared value, plus five
percent, unless the importer and the customs shall
mutually agree upon an adjusted valuation on the
basis of which the duties may be levied in
cash.
- (d) The provisions of this
paragraph shall not prevent the imposition of
appropriate penalties in cases where fraud shall
have been judicially established.
Article VII
- 1.
- American nationals and American-protected persons shall
not be subject in the French Zone of the Shereefian Empire
to any compulsory personal military service nor to any tax
or payment in lieu of such service.
- 2.
- The subjects of His Majesty the Sultan of Morocco shall
enjoy in the United States of America the treatment of the
most-favored-nation as regards the matter referred to in
this Article.
Article VIII
1. Extracts from “easier judiciare” shall be delivered to
American nationals and American-protected persons resident in
the French Zone of Morocco on the same conditions as to French
citizens. In order to enable the competent authorities of the
Zone to deliver such extracts, the American consular authorities
in the Zone will supply to these
[Page 644]
authorities certificates as regards
convictions, if any, pronounced by the American consular courts
in Morocco.
Article IX
- 1.
- The United States of America shall have the right to
maintain consulates at any place in the French Zone of the
Shereefian Empire which is open to the consular
representatives of any foreign country. The establishment of
new consulates at other places in the said Zone shall be
subject to the agreement of the Governments of both High
Contracting Parties.
- 2.
- Pending the conclusion of a Consular Convention, American
consular officers shall continue to enjoy the rights,
privileges and immunities which they possess at present,
particularly in the matter of taxes, customs duties and
other public dues. The foregoing stipulation does not
include rights, privileges or immunities of a judicial
character under the capitulations.
- 3.
- It is further agreed that American consular officers shall
be treated in the French Zone of the Shereefian Empire no
less favorably than the consular officers of any other
Power.
Article X
- 1.
- American schools of every grade shall continue to enjoy in
the French Zone, especially in regard to the teaching of
English, the same liberty as hitherto. They will be subject
to the laws relating to State control which are applicable
to all European schools in the French Zone.
- 2.
- Moreover, American missionaries, both those established in
the French Zone of the Shereefian Empire at present and
those who may come into the Zone in the future, shall enjoy
the treatment of the most-favored-nation. However, nothing
contained in this Article shall be considered as prejudicing
in any way the rights enjoyed by American nationals in the
French Zone of the Shereefian Empire under the terms of the
Convention signed at St. Germain-en-Laye on September 10,
1919, (Revision of the General Act of Berlin of February 26,
1885, and the General Act and Declaration of Brussels of
July 2, 1890) and more particularly under the provisions of
Article 11 of that Convention.
Article XI
- 1.
- Nothing contained in the present convention shall be
construed to affect the right of the authorities of the
French Zone of the Shereefian Empire to regulate admittance
and immigration or to expel persons for reasons of police or
public order or to enact and apply immigration regulations,
provided that there is no discrimination against American
nationals or American-protected persons.
- 2.
- Nevertheless, American nationals and American-protected
persons who have been resident in the French Zone of Morocco
for more than five years shall not be expelled unless—
- (1)
- They have committed a crime or offense punishable
with more than three months’ imprisonment.
- (2)
- They have been guilty of conduct prejudicial to
public safety, public order, good morals or public
health.
- (3)
- They are in such a state of indigence as to be a
burden to the State.
- 3.
- The provisions of paragraph 2 of this Article may be
terminated at any time after the expiry of twenty years from
the date of the coming into force of the present convention
by six months’ notice.
Article XII
- 1.
- In case of the death of an American national in the French
Zone of the Shereefian Empire without having any known heirs
or testamentary executors by him appointed, the competent
local authorities shall at once inform the nearest American
consular officer of the fact of his death, in order that
necessary information may be forwarded to the parties
interested.
- 2.
- In case of the death of an American national in the French
Zone of the Shereefian Empire without will or testament, the
American consular officer within whose district the deceased
made his home at the time of death, shall, pending the
appointment of an administrator and until letters of
administration have been granted, be deemed qualified to
take charge of the property left by the decedent for the
preservation and protection of the same. Such consular
officer shall have the right to be appointed as
administrator within the discretion of a tribunal or other
agency controlling the administration of estates.
- 3.
- Whenever a consular officer accepts the office of
administrator of the estate of a deceased American national
he subjects himself as such to the jurisdiction of the
tribunal or other agency making the appointment for all
necessary purposes to the same extent as a Moroccan
subject.
Article XIII
- 1.
- An American consular officer may, in behalf of his
non-resident nationals, receipt for their distributive
shares derived from estates in process of probate or
accruing under the provisions of so-called Workmen’s
Compensation Laws or other like statutes, provided he remit
any funds so received through the appropriate agencies of
his Government to the proper distributees, and provided
further that he furnish to the authority or agency making
distribution through him reasonable evidence of such
remission.
- 2.
- The subjects of His Majesty the Sultan of Morocco shall
enjoy in the United States of America the treatment of the
most-favored-nation as regards the matters referred to in
Articles 12 and 13.
Article XIV
- 1.
- The High Contracting Parties agree that the French decree
of the 8th November, 1921, relating to French nationality in
the French Zone of the Shereefian Empire, and the Dahir of
the same date, relating to Moroccan nationality, are not
applicable to American nationals or protected-persons born
before the date of the entry into force of the present
convention.
- 2.
- If the French or Moroccan Governments should enact
measures which would result in conferring French or Moroccan
nationality by reason of birth or residence in the French
zone of the Shereefian Empire in any case where the
above-mentioned decree would not have conferred French
nationality, American nationals and protected-persons
affected by such enactments shall be freed from such French
or Moroccan nationality if they make a request to this
effect in the year which follows their majority.
Article XV
- 1.
- The subjects of His Majesty the Sultan of Morocco and
Moroccan vessels shall enjoy the same rights as French
citizens and French ships in the United States of America,
its territories and possessions.
- 2.
- The expression “Moroccan vessels” means ships duly
registered as such in a port of the French Zone of the
Shereefian Empire.
Article XVI
- 1.
- For the purpose of the present convention the term
“American companies” means any company duly incorporated
under the laws of the United States of America or any of its
states, territories or possessions, or any commercial
association organized and legally recognized therein; and
the term “American ships” means any ship duly registered
therein.
- 2.
- The expression “French companies” means any company duly
incorporated under the laws of France or any French colony,
protectorate or territory under mandate, and the expression
“French ships” means any ship duly registered in any of the
above-mentioned territories.
- 3.
- The expression “Moroccan companies” means any company duly
incorporated under the laws in force in the French Zone of
the Shereefian Empire.
- 4.
- The term “Moroccan nationals” or “subjects of His Majesty
the Sultan of Morocco” includes only those of His Majesty’s
subjects who enjoy French diplomatic protection abroad, but
is not inclusive of
[Page 647]
those whose protection is derived by virtue of Article 6
of the Convention of Paris of December 18, 1923.
- 5.
- The term “American goods” as used in this Convention shall
be understood to mean goods the growth, produce or
manufacture of the United States of America, its territories
and possessions, and the term “Moroccan goods” shall be
understood to mean goods the growth, produce or manufacture
of the French Zone of the Shereefian Empire.
- 6.
- The term “most-favored-nation treatment” as used in the
present Convention, is understood to mean, in respect of
American nationals, companies, goods, ships or aircraft,
treatment no less favorable than that accorded to the
nationals, companies, goods, ships or aircraft of any third
country, including France.
Article XVII
Any dispute between the High Contracting Parties relating to the
interpretation or application of the provisions of the present
convention, which they are unable to settle by diplomatic means,
shall, on the application of one of them, be decided in
accordance with the provisions of the Arbitration Treaty between
the United States of America and France signed at Washington on
February 6, 1928, unless the High Contracting Parties shall
agree on another method of settlement.
Article XVIII
The present convention shall be ratified.
The instruments of ratification shall be exchanged at . . . . . .
. .
The present convention shall enter into force thirty days after
the date of exchange of ratifications.
In faith whereof the above-named plenipotentiaries have signed
the present convention and have affixed their seals hereto.
Done in duplicate, in the English and French languages, equally
authentic, at . . . . . . . . , this . . . . . day of . . . . .
. . . , 1939.