"ملفات 61/12 و 61/16 (D 80) معاهدة بين بان سعود والحكومة البريطانية" [و‎‎١‎٨‎٩] (٤٠٨/٣٨٦)

THIS DOCUMEMT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT. ,
EASTERN (A rabia ). . , March 10. 1930.
UA ^ t B^Vl^felQENCY'l
CONFIDENTIAL
— -J
! A-o
|E 1205/769/91] No, 1. ^ CO - ^ Ir"
Mr. A . Henderson to (Jedda). ~x
/NO 01 ^ . r m Bv-'-f "i- • -■ j
gj r r Foreign Office, March 10, 1930.
WITH reference to your despatch No. 219 of the 28th August last, I transmit
to you herewith the text of the draft commercial treaty between the United Kingdom
and India and the Hejaz and Nejd, as revised in the light of the comments contained
in your despatch, and of further consultation with the Departments ot His Majesty s
Government concerned. I request that you will take an early opportunity ot
communicating this draft to the Hejazi Government for their consideration.
2. I desire to draw your attention to the following points which arise in
connexion with various articles of the draft treaty
A rticle 2.—If the Hejazi Government should raise the question whether Iraqi
nationals are covered by the expression " persons under His Britannic i ajes y s
protection," you should "inform them that His Majesty's Government do not r egar
Iraqis as protected persons for the purposes of this article. Their attention may be
drawn in this connexion to the note addressed to King Ibn Sand by Mr. Stonehewer-
Bird on the 15th September, 1927, a copy of which was enclosed in Mr. Birds
despatch No. 110 of the 26th September, 1927. . T . « , XT .
Article 3.—The article has been amended to include Nejd and Nejdi vessels.
Article 4.—Since, as pointed out in your despatch under reference, no foreign
national may own property in the Hejaz, British subjects do not obtain recipro
treatment under this article as regards the acquisition and dls ^
Should the Heiazi Government contend that they stand to gain little advantage trom
the conclusion of a treaty on the lines of this draft, this point might be instanced as
one in regard to which the balance of advantage lies with the Hejaz
Article 6.—Articles 6 and 7 of the original draft transmitted to you in my
desmtch No. 147 of tfea-25tb-July have been merged into a single ai tide t e
remainino- articles being renumbered accordingly. To meet the point made m
paragraph 6 of your despatch, the word ' k articles " has been substituted for the word
" goods " throughout. It has not been found possible to adopt your suggestion that
the words " by the exporting country " should be inserted after the words ^ha no
be subiected'" since their inclusion might give rise to difficulties m the case of
articlefwhich, though of British origin, remain for some time in a third country
(V n Ffvnt') before bein" exported thence into the Jiejaz. _ ,
Yon wi 1 observe that paragraph 3 of this article lays down, m more detail than
did the corresponding clauses of articles 6 and 7 of the previous draft, the special
circumstances in which prohibitions or restrictions may be imposed on imported and
exZted articles In presenting the draft treaty to the Hejazi Government, you
Sd explain that such provisions are habitually included in commercial treaties
negotiated by His Majesty's Government. I would draw your attention to th e f act
thft narasraph 3 (2) is so worded as not to conflict with the undertakings regarding
0 the exportation of arms to the Hejaz and Nejd given to King Ibn Sand by
Sir G Clayton in his letter of the 19th May, 1927, at the time of the signature of the
Tr e a tv of Jedda^ of the ious dra ft) The assumption made in your
Arucie ' W' ,: including H s Majesty's sloops in the Red Sea, are
despatch No. ^ correct the treatment to be accorded
""""ff •l"' cle 8 "f" ' i|!l " '' tt "' fl*'; 2 '
^ rsor ooevs .in.y » rpanlations as they may desire m connexion with the
pErSfc fop mct-favoured-nation tmtmenl and
n0t ^^^"riich^Vonhe pre^ous'lfrafl).—In your despatch No 219 vou drew
attentiontoSi(=«tta. SS^&tXTJttSl
administered Le Hi. m** Geie.nt.nC
[56 k—1] B