|CONVENTION AS TO PROTECTION IN MOROCCO BETWEEN
THE UNITED STATES, GERMANY, AUSTRIA, BELGIUM, DENMARK, SPAIN, FRANCE, GREAT
BRITAIN, ITALY, THE NETHERLANDS, PORTUGAL AND SWEDEN AND NORWAY AND MOROCCO
Signed at Madrid, July 3 ,1880.
His excellency the President of the United States of
America; his majesty the Emperor of
Germany, King of Prussia; his majesty the Emperor
of Austria, King of Hungary; his majesty the
King of the Belgians; his majesty the King of Denmark;
his majesty the King of Spain; his
excellency the President of the French Republic; her
majesty the Queen of the United Kingdom of
Great Britain and Ireland; his majesty the King of
Italy; his majesty the Sultan of Morocco; his
majesty the King of the Netherlands; his majesty the
King of Portugal and the Algarves; his
majesty the King of Sweden and Norway;
Having recognized the necessity
of establishing on fixed and uniform bases, the exercise of
the right of protection in Morocco, and of settling
certain questions connected therewith, have
appointed as their plenipotentiaries at the conference
assembled for that purpose at Madrid, to
His excellency the President
of the United States of America, General Lucius Fairchild,
envoy extraordinary and minister plenipotentiary of
the United States near his Catholic majesty;
His majesty the Emporer [sic]
of Germany, King of Prussia, Count Eberhardt de
Solms-Sonnewalde, knight commander of the first class
of his Order of the Red Eagle with oak
leaves, knight of the Iron Cross, etc., etc., his
envoy extraordinary and minister plenipotentiary
near his Catholic majesty;
His majesty the Emperor of
Austria, King of Hungary, Count Emanuel Ludolf, his privy
councillor in actual service, grand cross the Imperial
Order of Leopold, knight of the first class of
the Order of the Iron Crown, etc., etc., his envoy
extraordinary and minister plenipotentiary near
his Catholic majesty;
His majesty the King of the
Belgians, Mr. Edward Anspach, officer of his Order of
Leopold, etc., etc., his envoy extraordinary and minister
plenipotentiary near his Catholic majesty;
His majesty the King of Spain,
Don Antonio Canovas del Castillo, knight of the
distinguished Order of the Golden Fleece, etc., etc.,
president of his Council of Ministers;
His excellency the President
of the French Republic, Vice-Admiral JaurŠs, Senator, knight
commander of the Legion of Honor, etc., etc., ambassador
of the French Republic near his
Her majesty the Queen of
the United Kingdom of Great Britain and Ireland, the Honorable
Lionel Sackville West, her envoy extraordinary and
minister plenipotentiary near his Catholic
majesty who is likewise authorized to represent his
majesty the King of Denmark;
His majesty the King of Italy,
Count Joseph Greppi, grand officer of the Order of Saint
Maurice and Saint Lazarus, of that of the Crown of
Italy, etc., etc., his envoy extraordinary and
minister plenipitentiary [sic] near his Catholic majesty;
His majesty the Sultan of
Morocco, the Taleb Sid Mohammed Vargas, his minister of
foreign affairs and ambassador extraordinary;
His majesty the King of the
Netherlands, Jonkheer Maurice de Heldewier, commander of
the Royal Order of the Lion of the Netherlands, knight
of the Order of the Oaken Crown of
Luxemburg, etc., his minister resident near his Catholic
His majesty the King of Portugal
and the Algarves, Count de Casal Ribeiro, peer of the
realm grand cross of the Order of Christ, etc., etc.,
his envoy extraordinary and minister
plenipotentiary near his Catholic majesty;
His majesty the King of Sweden
and Norway, Mr. Henry Akerman knight commander of
the first class of the Order of Wasa, etc., etc.,
his minister resident near his Catholic majesty;
Who, in virtue of their full
powers, recognized as being in good and due form, have agreed
upon the following articles:
ARTICLE I. The conditions under which protection may
be conceded are those established in the
British and Spanish treaties with the Government of
Morocco, and in the convention made
between that government, France and other Powers in
1863, with the modifications introduced by
the present convention.
ARTICLE II. Foreign representatives at the head of
a legation may select their interpreters and
employees from among the subjects of Morocco or others.
These protected persons shall
be subject to no duty, impost or tax whatever, other than
those stipulated in Articles 1 and 13.
ARTICLE III. Consuls, vice consuls or consular agents
having charge of a post, and residing
within the territory of the Sultan of Morocco, shall
be allowed to select but one interpreter, one
soldier and two servants from among the subjects of
the Sultan, unless they may require a native
secretary. These protected persons shall, in like
manner, be subject to no duty, impost or tax
whatever, other than those stipulated in Articles
12 and 13.
ARTICLE IV. If a representative shall appoint a subject
of the Sultan to the office of consular
agent in a town on the coast, such agent shall be
respected and honored, as shall the members of
his family occupying the same dwelling with him, and
they, like him shall be subject to no duty,
impost or tax whatever, other than those stipulated
in Articles 12 and 13; but he shall not have the
right to protect any subjects of the Sultan other
than the members of his own family.
He may, however, for the
exercise of his functions, have a protected soldier.
Officers in active charge
of vice consulates being subjects of the Sultan shall, during the
exercise of their functions, enjoy the same rights
as consular agents who are subjects of the
ARTICLE V. The Government of Morocco recognizes
the right of ministers, charg‚s d'affaires
and other representatives, which is granted to them
by treaties, to select the persons whom they
employ, either in their own service or that of their
governments, unless such persons shall be
sheiks or other employees of the Government of Morocco,
such as soldiers of the line or of the
cavalry, in addition to the Maghaznias in command
of their guard. In like manner they shall not be
permitted to employ any subject of Morocco who is
It is understood that civil
suits commenced before protection, shall be terminated before
the courts which have instituted such proceedings.
The execution of the sentence shall suffer no
hindrance. Nevertheless, the local authorities of
Morocco shall take care to communicate, without
delay, the sentence pronounced, to the legation, consulate
or consular agency upon which the
protected person is dependent.
As to those persons formerly
protected, who may have a suit which was commenced
before protection was withdrawn from them, their case
shall he tried by the court before which it
was originally brought.
The right of protection shall not be exercised
towards persons under a prosecution for an offense
or crime, before they have been tried by the authorities
of the country, or before their sentence, if
any has been pronounced, has been executed.
Protection shall extend to the family of the person
protected. His dwelling shall be respected.
It is understood that the
family is to consist only of the wife, the children and the minor
relatives dwelling under the same roof.
Protection shall not be hereditary.
A single exception, which was established by the
convention of 1863, but which is not to create a precedent,
shall be maintained in favor of the
Nevertheless, if the Sultan
of Morocco shall grant another exception each of the
contracting Powers shall be entitled to claim a similar
Foreign representatives shall inform the Sultan's
minister of foreign affairs, in writing, of any
selections of an employee made by them.
They shall furnish annually
to the said minister a list of the names of the persons protected
by them or by their agents throughout the states of
the Sultan of Morocco.
This list shall be transmitted
to the local authorities, who shall consider as persons
enjoying protection only those whose names are contained
ARTICLE VIII. Consular officers shall transmit each
year to the authorities of the district in
which they reside a list, bearing their seal, of the
persons protected by them. These authorities
shall transmit it to the minister of foreign affairs,
to the end that, if it be not conformable to the
regulations, the representatives at Tangier may be
informed of the fact.
A consular officer shall
be required to give immediate information of any changes that may
have taken place among the persons protected by his
ARTICLE IX. Servants, farmers and other native employees
of native secretaries and interpreters
shall not enjoy protection. The same shall be the
case with Moorish employees or servants of
Nevertheless, the local authorities
shall not arrest an employee or servant of a native
officer in the service of a legation or consulate,
or of a foreign subject or protected person,
without having notified the authority upon which
he is dependent.
If a subject or Morocco in
the service of a foreign subject shall kill or wound any person,
or violate his domicile, he shall be arrested immediately,
but the diplomatic or consular authority
under which he is shall be notified without delay.
Nothing is changed with regard to the situation of
brokers, as established by the treaties and by
the convention of 1863, except what is stipulated,
relative to taxes, in the following articles.
The right to hold property is recognized in Morocco
as belonging to all foreigners.
The purchase of property
must take place with the previous consent of the government,
and the title of such property shall be subject to
the forms prescribed by the laws of the country.
Any question that may arise
concerning this right shall be decided according to the same
laws, with the privilege of appeal to the minister
of foreign affairs stipulated in the treaties.
Foreigners and protected persons who are the owners
or tenants of cultivated land, as well as
brokers engaged in agriculture, shall pay the agricultural
tax. They shall send to their consul
annually, an exact statement of what they possess
delivering into his hands the amount of the tax.
He who shall make a false
statement, shall be fined double the amount of the tax that he
would regularly have been obliged to pay for the property
not declared. In case of repeated
offense this fine shall be doubled.
The nature, method, date
and apportionment of this tax shall form the subject of a special
regulation between the representatives of the Powers
and the minister of foreign affairs of his
ARTICLE XIII. Foreigners, protected persons and brokers
owning beasts of burden shall pay
what is called the gate-tax. The apportionment and
the manner of collecting this tax which is paid
alike by foreigners and natives, shall likewise form
the subject of a special regulation between the
representatives of the Powers and the minister of
foreign affairs of his Shereefian majesty.
The said tax shall not he
increased without a new agreement with the representatives of
ARTICLE XIV. The mediation of interpreters, native
secretaries or soldiers of the different
legations or consulates, when persons who are not
under protection of the legation or consulate
are concerned shall be admitted only when they are
the bearers of a document signed by the head
of a mission or by the consular authority.
ARTICLE XV. Any subject of Morocco who has been naturalized
in a foreign country, and who
shall return to Morocco, shall after having remained
for a length of time equal to that which shall
have been regularly necessary for him to obtain such
naturalization, choose between entire
submission to the laws of the Empire and the obligation
to quit Morocco, unless it shall be proved
that his naturalization in a foreign country was obtained
with the consent of the government of
Foreign naturalization heretofore
acquired by subjects of Morocco according to the rules
established by the laws of each country, shall be
continued to them as regards all its effects,
without any restriction.
ARTICLE XVI. No irregular or unofficial protection
shall be granted in future. The authorities of
Morocco will recognize no protection, of any kind
whatever, save such as is expressly provided
for in this convention.
Nevertheless, the exercise
by the customary right of protection shall be reserved for those
cases only in which it may be desired to reward signal
services rendered by a native of Morocco
to a foreign Power, or for other altogether exceptional
The minister of foreign affairs
at Tangier shall be previously informed of the nature of the
services, and notified of the intention to reward
them, in order that he may, if need be, present his
observations thereon; yet the final decision shall
be reserved for the government to which the
service shall have been rendered.
The number of persons thus
protected shall not exceed twelve for each Power, and this
number is fixed as the maximum unless the consent
of the Sultan shall be obtained. The status of
persons who have obtained protection in virtue of
the custom which is henceforth to be regulated
by this stipulation shall be without limitation of
the number of persons belonging to this class and
now so protected, the same for themselves and their
families as that which is established for other
The right to the treatment of the most favored nation
is recognized by Morocco as belonging to
all the Powers represented at the Madrid conference.
ARTICLE XVIII. The convention shall be ratified. The
ratifications shall be exchanged at Tangier
with as little delay as possible.
By exceptional consent of
the high contracting parties the stipulations of this convention
shall take effect on the day on which it is signed
In faith whereof the respective
plenipotentiaries have signed this convention, and have
thereunto affixed the seals of their arms.
Done at Madrid, in thirteen originals, this third day
of July, one thousand eight hundred and
[SEAL.] LUCIUS FAIRCHILD.
[SEAL.] E. DE SOLMS.
[SEAL.] E. LUDOLF.
[SEAL.] A. C NOVAS DEL CASTILLO.
[SEAL.] JAUR S.
[SEAL.] L. S. SACKVILLE WEST.
[SEAL ] J. GREPPI.
[SEAL.] MOHAMMED VARGAS. (In Arabic characters.)
[SEAL.] CASAL RIBIERO.
Regulations relative to protection adopted by common
consent by the Legation of France and
the Government of Morocco, August 19,1863, referred
to in Article 10.
Protection is individual and temporary.
It consequently does not
in general apply to the relatives of the person protected.
It may apply to his family,
that is to say, to his wife and children living under the same
roof. It lasts at the longest for a person's lifetime
and is never hereditary, with the single exception
of the Benchimol family, which has furnished for several
generations and still furnishes persons
who act in the capacity of brokers and interpreters
for the post at Tangier.
Protected persons are divided
into two classes.
The first class comprises
natives employed by the Legation and by the various French
The second class consists
of native factors, brokers, or agents, employed by French
Merchants for their business affairs. It is proper
here to refer to the fact that the term merchant is
only applied to a person carrying on the import or
export trade on a large scale, either in his own
name or as the agent of others.
The number of native brokers
enjoying French protection is limited to two for each
By way of exception commercial
firms having establishments in different ports may have
two brokers attached to each of these establishments,
who may as such enjoy French protection.
French protection is not
extended to natives employed by French citizens in agricultural
Nevertheless, in consideration
of the existing state of things, and by agreement with the
authorities of Morocco, the benefit of the protection
which has hitherto been granted to the
persons referred to in the foregoing paragraph shall
be extended to the said persons for two
months from the first of September next.
It is moreover, understood
that agricultural laborers, herdsmen, or other native peasants,
in the service of French citizens shall not be legally
prosecuted without immediate information
thereof being communicated to the competent consular
officer, in order that the latter may protect
the interests of his countrymen.
The list of all protected
persons shall be delivered by the proper consulate to the
competent magistrate of the place, who shall likewise
be informed of any changes that may
subsequently be made in the said list.
Each protected person shall
be furnished with a card in French and in Arabic, mentioning
his name and stating the services which secure this
privilege to him.
All these cards shall be
issued by the legation of France at Tangier.
TANGIER, Aug. 19, 1863.
Supplement to American Journal of International Law,
6, 1912, 18-26
US Compilation of Treaties in Force, 1904, p. 561.
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