'P. 1 733/1904. Muscat Arbitration. (1904-08).' [‎137r] (280/778)

Award of the Arbitration Tribunal appointed to decide on
the Question of the Grant of the French Flag to Muscat
Dhows.
[The Agreements dated October 13, 1904, and January 18, 1905, were published
in “ Treaty Series No. 3, 1905.”]
Mr. Graham to the Marquess of Lansdowne.—{Received August 9.)
My Lord, The Hague, August 8, 1905.
I HAVE the honour to report that the Muscat Arbitration Tribunal met at 3 o’clock
this afternoon and the Award, copy of which is herewith annexed, was read aloud by
the Secretary-General in French and English.
As regards (a), the scope of the Declaration of the 10th March, 1862, in relation to
the issue by France to certain subjects of the Sultan of Muscat of papers authorizing
them to fly the French flag, the Award decides that:—
“ 1. Before the 2nd January, 1892, France was entitled to authorize vessels
belonging to subjects of His Highness the Sultan of Muscat to fly the French flag,
only bound by her own legislation and administrative rules.”
The date in question is that of the ratification of the Brussels Act, the Court
holding that France is, in relation to Great Britain, bound to grant her flag only under
the conditions prescribed by Article 32 of that Act.
“ 2. Owners of dhows, who before 1892 have been authorized by France to fly the
French flag, retain this authorization as long as France renews it to the grantee.
“3. After the 2nd January, 1892, France w r as not entitled to authorize vessels
belonging to subjects of His Highness the Sultan of Muscat to fly the French flag,
except on condition that their owners or fitters-out had established, or should establish,
that they had been considered and treated by France as her ‘ proteges ’ before the
year 1863.”
The year 1863 is taken as the date at which, in virtue of legislation by the
Ottoman Porte, and of the Franco-Moroccan Treaty of that year, the creation of new
“ proteges ” was regulated and limited.
As regards (b), the nature of the privileges and immunities claimed by subjects of
the Sultan who are owners or masters of dhows and possess French papers, or are
members of the crew of such dhows, and their families, especially as to the manner in,
which such privileges and immunities affect the jurisdiction of His Highness over his
said subjects, the Award decides that:—
“1. Dhows of Muscat authorized as aforesaid to fly the French flag are entitled, in
the territorial waters of Muscat, to the inviolability provided by the French-Muscat
Treaty of the 17th November, 1844.
“ 2. The authorization to fly the French flag cannot be transmitted or transferred
to any other person or to any other dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. , even if belonging to the same owner.
“3. Subjects of the Sultan of Muscat who are owners or masters of dhows
authorized to fly the French flag, or who are members of the crews of such vessels, or
who belong to their families, do not enjoy, in consequence of that fact, any right of
exterritoriality, which could exempt them from the sovereignty, especially from the
jurisdiction, of His Highness the Sultan of Muscat.”
The results of the Award may be summarized as follows :—
France may renew the licences to fly the French flag granted to owners of dhows
before the 2nd January, 1892. But no licences given since that date are valid, unless
the grantee was a bond fide French protege before 1863. Moreover, under Article 2
of (6), the licences in question cannot be transmitted or transferred to any other dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. ,
even if belonging to the same owner. Thus it would appear that if one of the licensed
dhows were to be lost or disabled, the owner, in order to obtain a new licence, must
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