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TEXT OF THE SOUDAN AGREEMENT OF THE 19TH OF JANUARY, 1899,
AND OF THE DECLARATION OF THE 21ST OF MARCH, 1899
AGREEMENT BETWEEN HER BRITANNIC MAJESTY'S GOVERNMENT
AND THE GOVERNMENT OF HIS HIGHNESS THE KHEDIVE OF EGYPT,
RELATIVE TO THE FUTURE ADMINISTRATION OF THE SOUDANWHEREAS certain provinces in the Soudan which were in rebellion against the authority of His Highness the Khedive have now been reconquered by the joint military and financial efforts of Her Britannic Majesty's Government and the Government of His Highness the Khedive; AND whereas it has become necessary to decide upon a system for the administration of and for the making of laws for the said reconquered provinces, under which due allowance may be made for the backward and unsettled condition of large portions thereof, and for the varying requirements of different localities; AND whereas it is desired to give effect to the claims which have accrued to Her Britannic Majesty's Government, by right of conquest, to share in the present settlement and future working and development of the said system of administration and legislation; AND whereas it is conceived that for many purposes Wady Halfa and Suakin may be most effectively administered in conjunction with the reconquered provinces to which they are respectively adjacent: NOW, it is hereby agreed and declared by and between the Undersigned, duly authorised for that purpose, as follows:-
ART. I.
The word 'Soudan' in this Agreement means all the territories South of the 22nd parallel of latitude, which: 1. Have never been evacuated by Egyptian troops since the year 1882; or 2. Which having before the late rebellion in the Soudan been administered by the Government of His Highness the Khedive, were temporarily lost to Egypt, and have been reconquered by Her Majesty's Government and the Egyptian Government, acting in concert; or 3. Which may hereafter be reconquered by the two Governments acting in concert.
ART. II.
The British and Egyptian flags shall be used together, both on land and water, throughout the Soudan, except in the town of Suakin, in which locality the Egyptian flag alone shall be used.
ART. III.
The supreme military and civil command in the Soudan shall be vested in one officer, termed the 'Governor-General of the Soudan.' He shall be appointed by Khedivial Decree on the recommendation of Her Britannic Majesty's Government, and shall be removed only by Khedivial Decree, with the consent of Her Britannic Majesty's Government.
ART. IV.
Laws, as also Orders and Regulations with the full force of law, for the good government of the Soudan, and for regulating the holding, disposal, and devolution of property of every kind therein situate, may from time to time be made, altered, or abrogated by Proclamation of the Governor-General. Such Laws, Orders, and Regulations may apply to the whole or any named part of the Soudan, and may, either explicitly or by necessary implication, alter or abrogate any existing Law or Regulation. All such Proclamations shall be forthwith notified to Her Britannic Majesty's Agent and Consul-General in Cairo, and to the President of the Council of Ministers of His Highness the Khedive.
ART. V.
No Egyptian Law, Decree, Ministerial Arrete, or other enactment hereafter to be made or promulgated shall apply to the Soudan or any part thereof, save in so far as the same shall be applied by Proclamation of the Governor-General in manner hereinbefore provided.
ART. VI.
In the definition by Proclamation of the conditions under which Europeans, of whatever nationality, shall be at liberty to trade with or reside in the Soudan, or to hold property within its limits, no special privileges shall be accorded to the subjects of any one or more Power.
ART. VII.
Import duties on entering the Soudan shall not be payable on goods coming from Egyptian territory. Such duties may, however, be levied on goods coming from elsewhere than Egyptian territory; but in the case of goods entering the Soudan at Suakin, or any other port on the Red Sea Littoral, they shall not exceed the corresponding duties for the time being leviable on goods entering Egypt from abroad. Duties may be levied on goods leaving the Soudan, at such rates as may from time to time be prescribed by Proclamation.
ART. VIII.
The jurisdiction of the Mixed Tribunals shall not extend, nor be recognised for any purpose whatsoever, in any part of the Soudan, except in the town of Suakin.
ART.IX.
Until, and save so far as it shall be otherwise determined by Proclamation, the Soudan, with the exception of the town of Suakin, shall be and remain under martial law.
ART. X.
No Consuls, Vice-Consuls, or Consular Agents shall be accredited in respect of nor allowed to reside in the Soudan, without the previous consent of Her Britannic Majesty's Government.
ART. XI.
The importation of slaves into the Soudan, as also their exportation, is absolutely prohibited. Provision shall be made by Proclamation for the enforcement of this Regulation.
ART. XII.
It is agreed between the two Governments that special attention shall be paid to the enforcement of the Brussels Act of the 2nd of July, 1890, in respect to the import, sale, and manufacture of fire-arms and their munitions, and distilled or spirituous liquors.
Done in Cairo, the 19th of January, 1899.
Signed: BOURTROS GHALI-CROMER.
DECLARATION RELATIVE TO THE BRITISH AND FRENCH SPHERES OF INFLUENCE IN CENTRAL AFRICA
(Signed at London, March 21st, 1899)
THE Undersigned, duly authorised by their Governments, have signed the following declaration:-
The IVth Article of the Convention of the 14th of June, 1898, shall be completed by the following provisions, which shall be considered as forming an integral part of it:
1. Her Britannic Majesty's Government engages not to acquire either territory or political influence to the west of the line of frontier defined in the following paragraph, and the Government of the French Republic engages not to acquire either territory or political influence to the east of the same line.
2. The line of frontier shall start from the point where the boundary between the Congo Free State and French territory meets the water-parting between the watershed of the Nile and that of the Congo and its affluents. It shall follow in principle that water-parting up to its intersection with the 11th parallel of north latitude. From this point it shall be drawn as far as the 15th parallel in such manner as to separate, in principle, the Kingdom of Wadai from what constituted in 1882 the Province of Darfur; but it shall in no case be so drawn as to pass to the west beyond the 21st degree of longitude east of Greenwich (18° 40' east of Paris), or to the east beyond the 23rd degree of longitude east of Greenwich (20° 40' east of Paris).
3. It is understood, in principle, that to the north of the 15th parallel the French zone shall be limited to the north-east and east by a line which shall start from the point of intersection of the Tropic of Cancer with the 16th degree of longitude east of Greenwich (18° 40' east of Paris), shall run thence to the south-east until it meets the 24th degree of longitude east of Greenwich (21° 40' east of Paris), and shall then follow the 24th degree until it meets, to the north of the 15th parallel of latitude, the frontier of Darfur as it shall eventually be fixed.
4. The two Governments engage to appoint Commissioners who shall be charged to delimit on the spot a frontier-line in accordance with the indications given in paragraph 2 of this Declaration. The result of their work shall be submitted for the approbation of their respective Governments. It is agreed that the provisions of Article IX of the Convention of the 14th of June, 1898, shall apply equally to the territories situated to the south of the 14° 20' parallel of north latitude, and to the north of the 5th parallel of north latitude, between the 14° 20' meridian of longitude east of Greenwich (12th degree east of Paris) and the course of the Upper Nile.
Done at London, the 21st of March, 1899.
(L.S.) SALISBURY.
(L.S.) PAUL CAMBON.
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