ملف ٣٨٧٧ لسنة ١٩١٢، الجزء ٤، "تركيا الآسيوية: الامتيازات النفطية" [و‎‎١‎٠‎٢] (١٧٦/١٤٥)

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Sir L. Mallet to Sir Edward Grey.—(deceived May 19, 11'55 a.m.)
Constantinople, May 18, 19 J 4.
(No. 289.) R. 'May 18, 9'45 p.m.)
Mr. SILLEY’S claims.
Your telegrams Nos. 225 of 15th May and 227 of 16th May.
Information respecting Mr. Silley’s claims has involved examination of papers at
Ministry, and has much delayed report, which, however, goes by bag.
Of the six applications mentioned by Mr. Silley five have been made by Ottoman
subjects, and in only one, that of Baba and Gurgur, does his name appear as a
co-applicant with that of an Ottoman subject.
Attitude of Mining Department with regard to all applications for oil permits in
Mosul and Bagdad vilayets has been guided by the fact that firmans of 1889 and 1898
and 1902 granted to Civil List in a definitive form concession of all known oil-wells, as
well as those likely to be discovered and situated in provinces of Mosul and Bagdad.
Concession is now property of Ministry of Finance, is valid, and has real existence, as
the firmans have not been annulled by any law or subsequent firman. In view of
existence of these firmans, clauses of mining law regarding “ permis ” are inoperative
as far as oil is concerned, and Department cannot legally issue licences for prospecting
for oil in areas in which concessionnaire—that is, Finance Ministry—has real proprietory
rights.
Investigations have shown that applications of Mr. Silley’s associates have been
set aside because of the rights of Finance Ministry under concession to districts
applied for.
German arrangement in 1904 with Civil List was an arrangement between financier
and concessionnaire to work the concession, and negotiations with Civil List, and
afterwards with Mining Department and the Porte, were conducted with a view to
working a concession already granted by Imperial firmans.
Attitude of His Majesty’s Government ever since [group undecypherable] claimed
their support has been to assist him in his negotiations with the concessionnaire. This
attitude has been entirely consistent with the situation created by firmans in respect of
Mesopotamian oilfields. Ottoman Government have accepted and recognised this
situation, which has not changed.
Mr. Silley’s statement that Ottoman Government cannot satisfy his claims because
of support given by His Majesty’s Government and German Government to Turkish
Petroleum Company, and that "this action has forced them to violate [? their own]
mining laws, reposes on no foundation of fact. < • i i i -u
Mr. Silley’s claims are not based on “ permis,” which are negotiable documents, but
on applications for “ permis,” and in view of reasons for which “permis” were not granted,
there are no apparent grounds for claiming compensation unless we wish to question
validity of a concession on which all our negotiations have been based. ^ ^
There is no legal authority for contention of Mr. Silley’s solicitor; new regime of
1906 has not affected any rights which may have been conferred on Bagdad Railway
Companv by article 22 of their convention. . . . ,
In view of the above, it is important that we should maintain view that concession
exists which Porte have been trying to dispute in connection with our recent
application on behalf of Turkish Petroleum Company.
[617 -237 J