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As long as paragraph 3 of Article 11 of the convention of Madrid of June 3, 1880 remains in force, the power which belongs to the Minister of Foreign Affairs of His Shereefian Majesty to take cognizance of questions concerning the real property of foreigners on appeal will be a part, in so far as the Spanish zone is concerned, of the powers delegated to the Caliph.
ARTICLE 25 The signatory Powers bind themselves to co-operate to their utmost in their African possessions with the Moroccan authorities in the supervision and suppression of smuggling in arms and munitions of war.
This supervision in the territorial waters of the French and Spanish zones respectively will be performed by forces organized by the local authority or by forces of the government protecting said zone.
The two governments will consult with each other for the purpose of making uniform the regulations governing the right of search.
ARTICLE 26 International agreements concluded in future by His Shereefian Majesty will not extend to the Spanish zone of influence except with the previous consent of the Government of His Majesty the King of Spain.
ARTICLE 27 The convention of February 25, 1904, renewed on February 3, 1909, as well as the general convention of The Hague of October 18, 1907, will apply to differences which may arise between the contracting parties concerning the interpretation and the application of the provisions of the present convention, which may not have been settled through diplomatic channels. A compromis must be drawn up according to the rules of the said conventions, unless it is dispensed with by express agreement at the time of the litigation.
ARTICLE 28 All clauses of treaties, conventions and former agreements which may conflict with the preceding stipulations are abrogated.
The present convention will be communicated to the governments which were signatory to the General Act of the International Conference of Algeciras.
Protocol Between France and Spain Concerning the Tangier-Fez
After a period of three months, reckoned from the date of signature of the present convention - it being, moreover, understood that it is only after the ratification of same that the concession defined by Article 2 and the following shall be acted upon — the two Governments of France and Spain shall determine, in their respective zones, the general direction of the line and its principal stations.
After the same period, they shall determine, by mutual agreement, on the one hand, the point where the said line shall cross the northern and southern boundaries of the Spanish zone, and, on the other, after consultation with the Tangierine authorities qualified for that purpose, the direction of the section comprised between the northern boundary of the Spanish zone and Tangier.
The entire line shall be conceded to a single company, which shall be entrusted with the definitive surveys, the construction and operation of the line.
The concession shall be granted, to wit:
For the section situated in the French zone, by the Sultan, under the . authority and with the guarantee of France;
For the section situated in the Spanish zone, by the Caliph, under the authority and with the guarantee of Spain;
And finally, for the section comprised between the northern boundary of the Spanish zone and Tangier, by the authorities qualified for that purpose and under the guarantee of those authorities.
However, in case the aforesaid authorities should not be definitively constituted at the time when the French and Spanish concessions may be granted, the two contracting governments agree that the concession of the Tangier-and-vicinity section shall be granted by the Sultan, under their joint guarantee, and after an understanding between the two Cabinets, though it shall be, with all the rights and obligations which it carries, afterwards passed upon by the Tangierine authority.
The aforesaid company shall not be a concessionary of any other line, whether it be completely independent of the preceding or connecting with it, exception being made, however, in the case of quay tracks for the purpose of clearing the port of Tangier.
However, it may not refuse permission to enter into its stations to lines whose establishment may be determined upon by one of the other of the two governments, nor refuse to give them the same service as to itself in the said stations, whether these lines be constructed and operated directly by the two governments, or be conceded by them to other companies. It shall be under the same obligations with respect to private branch roads authorized by France or Spain for the benefit of either their own or foreign nationals, in conformity with Article 7 of the FrancoGerman treaty of November 4, 1911.
It is understood, moreover, that the states, companies, or private parties interested shall bear the expense of such new installations as are thus made necessary, and the additional cost of operating the lines and branch lines specified above.
ARTICLE 4 The capital, both stocks and bonds, of the concessionary company shall be 60% French and 40% Spanish.
However, France and Spain reserve the right to give, by mutual agreement, if there is any reason for so doing, a share to foreign capital, it being hereby specified that this share shall not in any case exceed 8%, and that half of it shall be deducted from the 60% and half from the 40% above mentioned.
Each of the two governments reserves the right to choose such establishment or loan society, or such group of establishments or loan societies of its own nationality, as it shall judge proper, to raise and to subscribe that part of the capital reserved to it.
If either of them should not believe itself bound to raise its full share, the other shall, of full right, assume the responsibility of completing it.
ARTICLE 5 The board of directors of the concessionary company shall be composed of fifteen members, nine French and six Spanish, appointed respectively by the French and Spanish stock-holders
To these fifteen members there may be added, if by mutual agreement it is considered expedient, a sixteenth member of a third nationality.
A two-thirds majority of the votes cast by the board of directors shall be necessary in deciding questions which concern exclusively either the French or Spanish sections; in deciding all other questions a simple majority shall suffice.
The company shall have a French Director-General and a Spanish Assistant Director. The officials, both for the construction and operation, shall be 60% French and 40% Spanish. The appointment of the Director-General and the French officials shall be subject to the approval of France; that of the Assistant Director and the Spanish officials to the approval of Spain.
Besides the Director-General, Assistant Director and officials above mentioned, the agents employed in the surveying and construction .shall be, as far as possible, French in the French section and Spanish in the Spanish section. As to the agents in charge of the operation, they shall be exclusively French in the French section, exclusively Spanish in the Spanish section, and half of them French and half of them Spanish in the Tangier-and-vicinity section. However, in this last section, and especially at the terminus at Tangier, à certain number of the positions shall be intrusted to agents of a third nationality, those remaining to be divided between France and Spain, half to each.
The surveys of the line, previously divided into sections 20 to 30 kilometers long, shall be undertaken simultaneously at the Tangier and Fez extremities, and pushed with equal activity at both ends.
The plans of the different sections shall be presented by the company as soon as completed; the act of concession shall fix the dates for these successive presentations and shall provide for each of them a premium for each day ahead of time and a penalty for each day late; these premiums and penalties being the same for all the sections, with the exception of the last, for which they shall be doubled.
The plans shall be approved:
And for the Tangier-and-vicinity section, by the Tangierine authority qualified for that purpose;
It being understood; however,
That the plans of the French section shall first be transmitted to the Spanish Government and those of the Spanish section to the French Government, each of these governments taking such account of the observations made by the other as it shall deem advisable. Failure to receive a reply within fifteen days from the date of the communication thus made will be regarded as unqualified concurrence;
That the plans of the Tangier-and-vicinity seetion shall be transmitted at one and the same time to the French and Spanish Governments, and they may be approved only if these two governments concur; failure to protest within fifteen days being equivalent, in this case also, to unqualified acceptance.
Each of the two governments agrees to pass upon every plan submitted to it within a maximum period of two months from the date of its presentation, either approving it or prescribing modifications and amendments which it may judge expedient. In the latter case, it shall fix the latest date on which a modified and amended plan must be presented, and it shall pass upon the same within a maximum period of one month after this new presentation.
Each of the plans above mentioned, as soon as finally approved, shall be awarded to the lowest bidder, for which the regulations set forth in Article 6, paragraphs 1 and 2, of the Franco-German treaty of November 4, 1911, shall be observed.
Contracts for tracks, bridges and buildings and rolling stock for each of the three sections of the line shall be awarded in the same manner.
The awarding of contracts in each of the three sections will be conducted and decided upon by the authority that granted the concession.
On each of the three sections of the line, separate annual accounts shall be made of the original installation, of the supplementary work, and, finally, of the operation. The rules to be followed for the division of the receipts and expenditures between the three sections, and in each of them, between the three accounts above mentioned, shall be fixed by the act of concession.
The above mentioned accounts shall be verified in each section by the officials in charge of the construction and operation, by virtue of Articles 9