Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎579v] (1163/1220)

12
.,«£ s;? ' h * K " ,gEBi, ‘ “»
Both High Contracting Parties are agreed unon tu
with regard to this matter as set forth in the Annex
r ®giine
> en ientg
Article,
annex to Article 13.
1. It is the object of the arrangements set out
in Annex;.
(i) To bring about speedily the abolition of the CW* , . D
with the disappearance of the existing renW' 10118 in ElTr
sovereignty in the matter of the application of 0II , t; ?JPth,
(including financial legislation) to foreigner, . ^ Nation
consequence; s 18 a s its
(ii) To institute a transitional regime for a reasonabl
prolonged period to be fixed, during which‘the Mix^T n , 0t Und %
remain and Will, in addition to their present iuH, , • Unals *ill
exercise the jurisdiction at present vested in the Consulir^' 011 ’
At the end of this transitional period the Egvntinn su ar Courts,
to dispense with the Mixed Tribunals. pt,an Government will fw
2. As a first step, the Egyptian Government will nn t
Capitulatory Powers as soon as possible with a view to (rA t f Pproacl1 the
all restrictions on the application of Egyptian legislation t ? m0Val of
and (b) the institution of a transitional regime for the Xfiv^T .? rei 8 ne rs,
provided in paragraph 1 (ii) above. * a in t ) unals as
3. His Majesty’s Government in the Pnited Kingdom a, ib* r
of a Capitulatory Power and as an ally of Egypt, are in no w . (,0Vernmeilt
the arrangements referred to in the preceding paragranh and Im 0p ,?T d to
actively with the Egyptian Government in giving eff^
all their influence with the Powers exercising capitulatory rights in V T g
4. It is understood that in the event of its being found imnofSf'
bring into effect the arrangements referred to in paragraph 2 theE f
Government retains its full rights unimpaired with regard to the capitSS
regime, including the Mixed Tribunals. f
5. It is understood that paragraph 2 (a) involves not merely that
assent of the Capitulatory Powers will be no longer necessary for h
application of any Egyptian legislation to their nationals but‘ also tW
the present legislative functions of the Mixed Tribunals ’as regards th
application of Egyptian legislation to foreigners will terminate It would
follow from this that the Mixed Tribunals in their judicial capacity would
no longer have to pronounce upon the validity of the application to foreigners
of an Egyptian law or decree which has been applied to foreigners bv the
Egyptian Parliament or Government, as the case may be.
6. His Majesty the King of Egypt hereby declares that no Egyptian
legislation made applicable to foreigners will be inconsistent with the
principles generally adopted in modern legislation or, with particular relation
to legislation of a fiscal nature, discriminate against foreigners, including
foreign corporate bodies.
7. In view of the fact that it is the practice in most countries to apply
to foreigners the law of their nationality in matters of “statut personnel,”
consideration will be given to the desirability of excepting from the transfer
of jurisdiction, at any rate in the first place, matters relating to “statut
personnel ” affecting nationals of those Capitulatory Powers who wish that
their Consular authorities should continue to exercise such jurisdiction.
8. The transitional regime for the Mixed Tribunals and the transfer to
them of the jurisdiction at present exercised by the Consular Courts (which
regime and transfer will, of course, be subject to the provisions of the special
convention referred to in Article 9) will necessitate the revision of existing
law’s relating to the organisation and jurisdiction of the Mixed Tribunals,