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THE SULU PROTOCOL.
under any pretext, the free importation and exportation of all kinds of merchandise without exception, save at such places as are occupied, and conformably to Declaration III.; and that in all the places not effectively occupied by Spain, neither the vessels, nor the subjects above mentioned, nor their merchandise, shall be submitted to any tax or duty or payment whatever, nor to any regulation, sanitary or otherwise. (3.) In those places in the Archipelago of Sulu, which are occupied by Spain, the Spanish Government shall be able to establish taxes and regulations, sanitary and otherwise, during the effective occupation of the places indicated. But Spain, on its side, engages to maintain in those places the establishments and employés necessary for the needs of commerce, and for the application of the said regulations.
It is, nevertheless, expressly understood, and the Spanish Government being resolved on its side not to apply restrictive regulations to the places occupied, undertakes the engagement willingly, that it shall not introduce in the said places any taxes or duties greater than those fixed by the Spanish tariffs, or by the Treaties or Conventions between Spain and any other Power. It shall not, moreover, put into force exceptional regulations applicable to the commerce or to the subjects of Great Britain, Germany, or the other Powers.
In case Spain shall effectively occupy other places in the Archipelago of Sulu, maintaining there the establishments and employes necessary for the needs of commerce, the Governments of Great Britain and of Germany shall make no objection to the application of the same rules agreed upon for the places already occupied. But in order to prevent new cases of claims which might arise from the uncertainty as to trade with places which are occupied, and which are subject to regulations and tariffs, the Spanish Government shall communicate in each case the effective occupa- tion of a place in the Archipelago of Sulu to the Governments of Great Britain and of Germany, and shall, at the same time, inform the trading interest concerned by a suitable notification published in the official journals of Madrid and Manila. As regards the tariffs and regulations for commerce agreed upon for the places actually occupied, they shall not be applicable to the places subsequently occupied by Spain until after a period of six months, dating from the said publication in the official journal of Madrid. It is agreed, however, that no vessel or subject of Great Britain, of Germany, or of other Powers shall be obliged to touch at one of the places occupied, either in going or returning from a place not occupied by Spain, and that no prejudice will be caused to them on this account, nor in respect of any kind of merchandise destined for a place in the archipelago which is not occupied.
Art. V.-The Government of Her Britannic Majesty engages to see that there is entire freedom of commerce and navigation, without distinction of flag, in the territory of North Borneo administered by the company styled the "British North Borneo Com- pany."
Art. VI.-If the Governments of Great Britain and of Germany have not refused their adhesion to the present Protocol within a period of fifteen days from this date, or if they notify their adhesion before the expiration of this period through their undersigned representatives, the present declarations shall immediately come into force.
Done at Madrid, March 7th, 1885.
(L.S.)
R. B. D. MORIER.
(L.S.)
J. ELDUAYEN.
(L.S.)
P. C. SOLMS.
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