October 29 , 1888 - Treaty
Especially to guarantee the free use of the Suez Maritime Canal
Your Majesty the Queen of Great Britain and Ireland, the Empress of India, His Majesty the Emperor of Germany, the King of Prussia, His Majesty the Emperor of Austria, the King of Bohemia, etc., the King of Hungary, His Majesty the King of Spain and in his name the Queen Regent of the Kingdom, the President of the Republic of France, His Majesty the King of Italy, His Majesty the King of the Netherlands, the Duke of Luxembourg, etc., and His Majesty the Emperor The Russian State, His Majesty the Emperor of the Ottoman Empire.
Desiring to conclude an agreement among themselves regarding the setting up of a final system to guarantee the freedom of all states to use the Suez Canal at all times and to complete the system of passage in the aforementioned canal established by virtue of the decree issued in the Sublime Portal on February 22, 1866 (2 Dhul Qi’dah 1282) in support of the conditions that Granted by His Highness the Khedive, they have appointed their aforementioned representatives............................
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Who agreed, after submitting the credentials and verifying their authenticity, on the following articles:
Article 1The Suez Maritime Canal shall always remain free and open, in times of peace as in times of war, to all merchant and warships, without distinction between their nationalities.
Accordingly, the great contracting powers have agreed not to inflict any prejudice to the freedom to use the canal, whether in peacetime or in wartime..
The canal will never be subject to the exercise of the right of naval blockade.
Article 2The Great Contracting Powers, in view of what they have learned of the necessity of the fresh water canal and its necessity for the marine canal, decide that they have taken note of the pledges of His Highness the Khedive before the Suez Canal International Company with regard to the fresh water canal, which are the pledges stipulated in the agreement concluded on March 18, 1863, which includes a preamble and four subjects .
The great powers pledge not to prejudice the integrity of the canal and its derivatives, and not to make any attempt to block it.
Article 3The Great Contracting Powers also undertake not to prejudice the missions, installations, buildings and works of the Maritime Canal and the Freshwater Canal. .
Article 4Since the sea channel remains, in time of war, a free route, even if it is for the passage of warships of the belligerent states, pursuant to Article 1 of this treaty, the great contracting states have agreed that it is not permissible to use any of the rights of war or to perform any hostile act or any act of war. It would disrupt the freedom of navigation in the Canal or in the ports connecting to it, or in a radius of three nautical miles from these ports, even if the Ottoman Empire was one of the warring countries. .
It is forbidden for the warships of the warring countries to carry out supply or storage operations inside the canal or in the ports leading to it, except to the extent strictly necessary. The aforementioned ships pass through the canal in the shortest possible time in accordance with the regulations in force, and they may not stop except for a necessity determined by the interest of work.
The period of her stay in Port Said or the Gulf of Suez may not exceed 24 hours only in the event of a forced stop, in which case she must leave as soon as possible. A period of 24 hours must elapse between the departure of a belligerent ship from one of the ports of entry and the arrival of another ship of the hostile State.
Article 5- It is not legitimate for enemy states in time of war to take or land in the canal or the ports leading to it armies or military equipment and tools. However, in the event of an emergency impediment in the channel, it is permissible to authorize the boarding or disembarking of the army at the ports of entry in batches so that one batch does not exceed a thousand men with their war missions
Article 6The spoils shall, in all cases, be subject to the same regime as those of the warships of the belligerent Powers.
Article 7Countries are not allowed to keep warships in the waters of the Canal, including the Timsah Canal and the Bitter Lakes .
However, warships may stop at the ports leading to Port Said and Suez, provided that their number does not exceed two for each country..
The belligerent countries are not allowed to use this right.
Article 8The signatory states pledge to their representatives in Egypt to ensure its implementation. In the event of an event that threatens the safety of the canal or the freedom of passage therein, the aforementioned delegates meet at the request of three of them under the chairmanship of their dean to conduct the necessary inspection. They must inform the Khedivial Government of the danger they see in order to take the necessary measures to ensure the protection of the channel and the freedom to use it. In any case, the delegates meet once a year to verify the good implementation of the treaty.
These last meetings are held under the chairmanship of a special commissar appointed by the government of the Ottoman Sultanate for this purpose.
The aforementioned delegates have the right to demand, in a special way, the removal of any act or the abolition of every meeting on the two banks of the Canal, which would prejudice the freedom of navigation and ensure its complete safety.
Article 9The Egyptian government, within the limits of its authority deriving from the firmas and the conditions established in the present treaty, shall take the necessary measures to ensure the implementation of this treaty.
In the event that the Egyptian government does not have sufficient means, it must seek the assistance of the government of the Ottoman Empire, which must take the necessary measures to respond to this call, and inform the signatories of the London Declaration of March 17, 1885 and, when necessary, consult with them in this regard..
The provisions of Articles 4, 5, 7 and 8 shall not conflict with the measures to be taken pursuant to this Article.
Article 10Also , the provisions of Articles 4, 5, 7 and 8 do not conflict with the measures that the Sultan’s greatness and His Highness the Khedive may see to be taken in the name of His Imperial Majesty to ensure, through their forces and within the limits of the granted firmans, the defense of Egypt and the maintenance of public security .
If the owner of the imperial greatness, the Sultan or His Highness the Khedive, deems it necessary to use the exceptional rights set forth in this article, the government of the Ottoman Empire must notify the signatories to the London Declaration..
It is also agreed that the provisions of the four said articles do not in any way conflict with the measures which the Government of the Ottoman Empire deems necessary to take in order to secure, by means of its own forces, the defense of its possessions located on the eastern side of the Red Sea..
Article 11The measures taken in the cases provided for in Articles 9 and 10 of this Treaty may not conflict with the freedom to use the channel. In the aforementioned cases, the establishment of permanent fortifications established in contravention of the text of Article 8 remains prohibited .
Article 12- That the great contracting countries - in application of the principle of equality regarding the freedom to use the canal, that principle which is one of the pillars of the current treaty - have agreed that none of them may obtain regional or commercial advantages or privileges in international agreements to be concluded in the future in relation to the canal. In all cases, it preserves Turkey's rights as a sovereign state .
Article 13Except for the obligations stipulated in this treaty, the sovereign rights of His Majesty the Sultan and the rights and privileges of His Highness the Khedive, derived from the firmas, shall not be affected . .
Article 14The Great Contracting Powers have agreed that the commitments set forth in this treaty are not limited to the duration of the privilege granted to the Suez Canal International Police. .
Article 15The provisions of this treaty may not conflict with the health measures in force in Egypt :
Article 16The Great Contracting Powers undertake to notify this Treaty to the knowledge of the States that have not signed it, while inviting them to accede to it .
Article 17 This treaty is ratified and ratifications are exchanged in Constantinople within a month or earlier, if possible..
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