Protocol of 1885

1885.
PROTOCOL OF 1885.
The undersigned, Sir robber B. D. Morier, Envoy Extraordinary and Minister Plenipotentiary of
Her Britannic Majesty, his Excellency Don Jose Elduayen, Marquis del Pazo de la Merced,
Minister of State of his Majesty the King of Spain, and Count Solms Sonnenwale, Envoy
Extraordinary and Minister Plenipotentiary of His Majesty the German Emperor, duly authorised
to bring to a close the negotiations conducted in London and at Berlin during the years 1881-82
by the Representatives of his Majesty the King of Spain at the Courts of Great Britain and
Germany, for the purpose of obtaining from these two Powers the formal recognition of the
sovereignty of Spain over the Archipelago of Sulu (Jolo), have agreed upon the following
Articles:-
ARTICLE I
The Governments of Great Britain and of Germany recognise the sovereignty of Spain over the
places effectively occupied, as well as over those places not yet occupied, of the Archipelago of
Sulu (Jolo), of which the limits are laid down in Article II.
ARTICLE II
The Archipelago of Sulu (Jolo), conformably to the definition contained in Article I of the treaty
signed September 23rd, 1836, between the Spanish Government and the Sultan of Sulu (Jolo),
comprises all the islands which are found between the western extremity of the island of
Mindanao on the one, and the continent of Borneo and the Island of Paragua on the other side,
with the exception of those which are indicated in Article III. It is understood that the Islands of
Balabac and of Cagayan-Jolo form part of the archipelago.
ARTICLE III
The Spanish Government renounces, as far as regards the British Government, all claims of
sovereignty over the territories of the continent of Borneo, which belong, or which have
belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of
Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three
maritime leagues from the coast, and which form part of the territories administered by the
Company styled the “British North Borneo Company.”
ARTICLE IV
The Spanish Government engages to carry out, in the Archipelago of Sulu (Jolo), the stipulations
contained in Articles I, II and III of the Protocol signed at Madrid, March 11th, 1877, that is to
say: “(1) The commerce and the direct traffic of vessels and subjects of Great Britain, Germany,
and the other powers, with the Archipelago of Sulu (Jolo), and in all parts thereof, are declared to
be, and shall be, absolutely free; as well as the right of fishing, without prejudice to the rights of
Spain recognised by the present Protocol, conformably to the following declarations. (2) The
Spanish authorities shall not be able to require in future that vessels and subjects of Great
Britain, Germany, and the other Powers, freely repairing to the Archipelago of Sulu, or from one
point of it to another indiscriminately, or thence to any other part of the world, shall be under the
necessity of touching, before or after, at a point indicated in the archipelago or elsewhere; or of
paying any dues whatsoever; or of procuring permission from the said authorities; whom on their
side, shall abstain from all obstruction and all intervention in the abovenamed traffic. It is well
understood that the Spanish authorities shall not hinder in any manner, or 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 or otherwise, during the
effective occupation of the places indicated. But Spain, on its side, engages to maintain in those
places the establishment and employees 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 employees necessary for the needs of commerce, the Government 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
occupation 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, either in going or
returning from a place not occupied, either in going or returning from a places 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.
ARTICLE 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 “British North Borneo Company.”
ARTICLE 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
For Reference Only Treaties & Engagements & Orders 2 of 2
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1885.

Done at Madrid, March 7th, 1885.

For Reference Only Treaties & Engagements & Orders 2 of 2

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