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'File 8/65 VIII RENEWAL of COMMERCIAL TREATY.' [‎52r] (103/248)

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The record is made up of 1 file (122 folios). It was created in 30 Dec 1950-28 Jul 1951. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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laj^wn by such court, agency An office of the East India Company and, later, of the British Raj, headed by an agent. or person with regard to furnishing reason-
t ie evidence of the receipt of the money or property by the national to whom
is to be transmitted and with regard to returning the money or property
in the event that he is unable to furnish such evidence.
Article 20
Money or other property may be paid, delivered or transferred to a
consular officer pursuant to the provisions of Articles 18 and 19 only to the
extent that, and subject to the conditions under which, payment, delivery or
transfer to the person whom the consular officer represents or on whose
behalf he receives the money or property would be permitted under the laws
and regulations of the receiving state. The consular officer shall acquire no
greater rights in respect of any such money or other property than the person
whom he represents or on whose behalf he receives the money or property
would have acquired if the money or property had been paid, delivered or
transferred to such person directly.
PART VIII.—SHIPPING
Article 21
(1) When a vessel of the sending state visits a port (which includes any
place to which a vessel may come) in the receiving state, the master and the
members of the crew of the vessel shall be permitted to communicate with the
consular officer in whose district the port is situated and the consular officer
shall be permitted freely to perform the duties enumerated in Article 22 with
out interference on the part of the authorities of the territory. For the purpose
of performing any of these duties, the consular officer, accompanied, if he
desires, by consular employees on his staff, may proceed personally on board
the vessel after she has received pratique. In connection with these duties the
master and appropriate members of the crew may proceed to the consular
office in the consular district within which the vessel lies, unless the receiving
state shall, on its own initiative, object in cases involving unreasonable time
or distance of travel.
(2) The consular officer may invoke the assistance of the authorities of
the territory in any matter pertaining to the performance of these duties, and
they shall give the requisite assistance unless they have special reasons which
would fully warrant refusing it in a particular case.
Article 22
(1) The consular officer may question the master and members of the
crew, examine the vessel’s papers, take statements with regard to the vessel’s
voyage and her destination and generally facilitate the entry and departure of
the vessel. When Custom House brokers or shipping agents are available,
the consular officer shall not undertake work normally within the scope of
their activities.
(2) The consular officer or a consular employee may appear with the
master or members of the crew before the local authorities and courts, may
lend his assistance (including, where necessary, arranging for legal aid) and
may act as interpreter in matters between them and these authorities. These
rights may be withheld only in cases where questions of national security
are involved.
(3) The consular officer may, provided the judicial authorities of the terri
tory do not take jurisdiction in accordance with the provisions of Article 23,
decide disputes between the master and members of the crew, including disputes
15

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Content

This file relates to the termination and proposed replacement of the 1939 Commercial Treaty between Great Britain and the Sultanate of Muscat and Oman, following the Sultan of Muscat and Oman's [Sa‘īd bin Taymūr Āl Bū Sa‘īd] notice of termination of the existing treaty in February 1950.

The file documents the prolongation of the existing treaty for a period of eight months, by an exchange of notes between the two parties, in order to allow time for the negotiation of a new treaty. Also covered are preparations for the drafting of a new treaty between the two parties (eventually concluded in December 1951 and ratified in May 1952).

Related matters of discussion include the following: whether the Government of India should also exchange notes with the Sultan for the prolongation of the existing treaty; whether the Government of Pakistan should also be informed of the Sultan's wish to prolong the treaty; the question of whether the British consular authorities in Muscat should continue to exercise jurisdiction over residing Indian nationals for the extended period of the existing treaty.

The file features the following principal correspondents: the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and Consul, Muscat; the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; the Sultan of Muscat and Oman; officials of the Foreign Office.

Also included in the file are the following items: copies of drafts of the new treaty (ff 11-17 and ff 36-42); drafts of a protocol to the new treaty, produced by the Foreign Office and concerning consular functions and privileges (ff 27-29 and ff 31-34); a copy of a non-ratified consular convention between Britain and the United States of America, dated 16 February 1949 (ff 45-54).

Extent and format
1 file (122 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 124; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Written in
English in Latin script
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'File 8/65 VIII RENEWAL of COMMERCIAL TREATY.' [‎52r] (103/248), British Library: India Office Records and Private Papers, IOR/R/15/6/260, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100056131975.0x000068> [accessed 6 October 2024]

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