Stakes No. 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 which mark the southern' boundary line, as well as those that it will be necessary to set along the eastern boundary line, are placed under the common protection of the French and German Governments. Should it later become necessary to replace a stake, each government shall delegate a representative for that purpose. If, moreover, it should subsequently become necessary to indicate more exactly the boundary line by new stakes, each government shall appoint a representative for the placing of the additional stakes. The position of these additional stakes shall be determined by the course of the boundary line as traced on the map of the protocol. ARTICLE 8. The French Government guarantees to Germany the possession of a territory of 2,500 square kilometers of adjacent lands to the east of the straight line from Bomassa to the point situated 15 kilometers to the south of Mauvey. In case the area included between this straight line and the boundary line determined in paragraphs B and C of Article 1 should be less than 2,450 square kilometers, it would then be increased to 2,500 square kilometers by the addition of a territory which, starting at the confluence of the Nyoué and Sangha, would be limited on the west and on the east by these two rivers and by the corresponding parallel. In case the area in question should be more than 2,550 square kilometers, it would be reduced to 2,500 square kilometers, by changing toward the west the point referred to in paragraph C of Article 1, from which the boundary line must start to reach the point situated 15 kilometers to the south of Mauvey. If the area in question is between 2,450 and 2,550 square kilometers, no modification shall be made in the boundary line defined in paragraph C of Article 1. The villages of Ngombaco and Licagota shall remain French in cases where, in consequence of subsequent observations, they should be located to the west of the boundary line, provided that their position has been declared misplaced by less than 5 kilometers in relation to the position assigned to them on the map of the protocol, and as well in the case where the misplacing of their position to the west should be more than 4 kilometers, provided they remain located to the east of the boundary line. These villages, on the other hand, would become German, if the change of position to the west should be more than 5 kilometers, and if, in consequence of that fact, they were to become located to the west of the boundary line. In either case, the boundary line shall be at least 5 kilometers away from these villages, and if it is necessary, shall be formed by an arc of a circle of a radius of 5 kilometers running either westward or eastward around their center. ARTICLE 9. The maps annexed to the present protocol shall be used as basis for its application. Approved for annexation to the protocol of April 9, 1908. (L. S.) (Signed) v. Lindequist. Gleim. v. Danckelman. The present convention shall be ratified, and the ratifications exchanged at Berlin on or before August 1, 1908. Within a maximum period of four months after the exchange of these ratifications the evacuation of administrative and military posts that might have been established by each of the contracting Powers outside. the limits assigned by the present agreement to their respective possessions must have been accomplished. By the mere fact of the expiration of this period, the changes of sovereignty resulting from the modifications of the boundary line defined by the present agreement shall be considered as having taken place. Done at Berlin, in duplicate, April 18, 1908. (Signed) V. SCHOEN. THE KAMERUN LEASE-CONTRACT.1 [Translation.] The following is the text of the lease by which Germany engages itself to cede to the French in the Congo the territories in which provisioning posts are to be established: First. The German Imperial Government leases to the Government of the French Republic on the Bénoué and on the Mayo-Kébi, and beyond, in the direction of the Logone, territories, the exact number and boundaries of which will be specified hereinafter, but which on both sides of these rivers shall extend to a width of five hundred (500) meters and shall form at the most a lease-surface of fifty (50) hectares; Second. The lease shall run for ninety-nine (99) consecutive years, from the date when the decision of the boundary commission determining the location of these territories shall have been ratified by the two governments in application of Articles 3 and 4 of the convention of November 4, 1911. But in case neither of the contracting parties, five (5) years before the expiration of the aforementioned period of ninety-nine (99) years shall have given notice of its intention to put an end to the present lease, said lease shall remain in force until the expiration of one (1) year beginning on the day when the one or the other of the two contracting parties shall have denounced the same; Third. Said territory shall be subject to the laws in force during that period within the German possessions of the Kamerun. Fourth. One part of the territory thus leased whose extent shall not exceed ten (10) hectares shall be utilized exclusively for the operations of unloading, storing and of transshipping goods, and for all other purposes that may be considered as appertaining to these operations, and the permanent residents together with their families and other servants 1 Le Memorial Diplomatique, Nov. 19, 1911, p. 620. shall be the only persons employed for the service and the security of said goods; Fifth. The Government of the French Republic engages itself: (a) To close part of said territory mentioned in Article 4 of the present lease (excepting on the side bordering on the Bénoué and the Mayo-Kébi), by means of a wall, or a palisade, or a ditch, or by any other kind of continuous enclosure: (b) Not to permit, in said part of the territory, entrance or departure of any goods in violation of the German customs regulations. Every act committed in violation of this stipulation will be considered as a fraudulent infringement of the customs laws and punished in consequence: It (c) Not to sell nor to authorize the sale of goods at retail within said part of the territory. The quantitative sale in weight or in measure less than one thousand (1,000) kilograms, one thousand (1,000) liters, or one thousand (1,000) meters, shall be considered as retail sale. is understood that this stipulation does not apply to goods in transit, (d) The Government of the French Republic, or its sub-lessors or agents, shall have the right to construct on said portion of the territory store-houses, office buildings, and all other constructions necessary for the operations of unloading, storing and transshipping goods, and in addition to construct within the shore-approaches of the Bénoué and the Mayo-Kébi and beyond, in the direction of Logone, included in the lease, wharves, bridges, docks, and all other works necessary in view of said operations, provided that the plans of each work to be constructed along the shore-approaches of the rivers be communicated to the German. authorities for their inspection, so that verification may be made of the fact that these works could in no way interfere with the navigation of the rivers, nor be against the rights of third parties or the customs service; (e) It is understood that the loading, unloading and storing of goods within said parts of the territory shall be effected in all respects in conformity with the laws then in force in the German possessions of the Kamerun. Sixth. The Government of the French Republic engages itself to pay annually to the German Imperial Government, on the first of January of each year a rent of one (1) franc; Seventh. The Government of the French Republic shall have the right to sub-lease all or part of the territories which enter into the present lease, provided that the sub-lessees make use of these territories for no other purpose than the one specified in the present lease, and that said government remain responsible toward the German Imperial Government for the observance of the stipulations of the present lease. Eighth. The German Imperial Government engages itself toward the lessee to fulfill all the obligations that are incumbent upon it in its quality of proprietor of said territory; Ninth. One (1) year before the expiration of the present lease, in case it were not to be continued, the two governments shall come to an understanding regarding the repurchase or the disposition of the constructions or diverse installations that may be found within the leased territories; Tenth. The territories included in the lease shall be surveyed and delimited; Eleventh. In case a difference of opinion should arise between the two governments regarding the interpretation of the lease or any other matter appertaining to this lease, the question shall be settled by the arbitration of a jurist of a third Power designated by mutual agreement between the two governments. Done at Berlin, November 4, 1911, in duplicate form. LETTERS FROM THE GERMAN SECRETARY OF STATE FOR FOREIGN AFFAIRS TO THE FRENCH AMBASSADOR AT BERLIN EXPLANATORY OF THE AGREEMENTS BETWEEN GERMANY AND FRANCE RELATING TO MOROCCO AND THE CONGO.1 Letter relating to the Moroccan Agreement. BERLIN, November 4, 1911. In order to accentuate more precisely the agreement of November 4, 1911, relative to Morocco, and to define its exact signification, I have the honor to inform Your Excellency that if the French Government should. consider it its duty to assume the protectorate over Morocco, the Imperial Government would place no obstacle in the way. 1 Le Memorial Diplomatique, Nov. 19, 1911. |