"ملف ٥/٢ XIV حدائق تمور الشيخ" [و‎‎١‎٣‎٤] (٦٢٨/٢٦٩)

2
y\
i>
Colonial
Office let
ter 40157/^7
)/21.9.1927.
14tii Dhilh-
ijjah 1332
(3rd November,
Resident and li.B.M’s lonsul general
in the lersian Gulf.
1914)
inolu;ed
of the
2. It was proposed that a provision should be
in ohe r'inanoial Agreement arising out of Article 15
Anglo-Irao Treaty of October 1922 malting it obli gatory upon
the Iraq Government to continue in perpetuity the exemption
from tax;-1ion of tne date gardens owned by the Shaikh of
Kuwait which His Majesty's Government had un ertacten oO
accord. This pr posal was however abandoned and in November
1923 the High Commissioner for Iraq was instructed to treat
ohe obligations separately under Article 10 of the .oiglo-Iraq
Treaty but when some four months later final Instructions
’■ere sent to the High Ammissloner on the subject of the
notes to be excnanged with tne Iraq Government for the purpose
of aefinln : their obligations under tnat Article mention
of His Majesty’s Government’s obligations to the 3haiidi of
Kuwait were Inadvertantly orr
overlooking the instructions
previously received the exchange of notes took place before
the omission was brought to light.
itted and the High Comiai.ssioner
on the subject which he had
Many avenues were
)epertment^6f His Majesty’s
explored by the various
Government concerned in
Colonial
0 Tice letter
68214/29 *)/
23.12.29.
Colonial Off
ice letter
78214/30 0/
17.5.30.
Sf
AO
their
">r a solution to the problem of how they were uo
persuaae the Iraq Government to accept as binding on them the
undertakings entered into by I is Majesty’s Government with
the Shaikh of Ku ait. eventually in Jecember 1929 the
Colonial Office proposed to instruct the High Commissioner
that he should press the Iraq Government to honour the
undertakings which His Majesty’s Government regarded as
Treaty obligations which the Iraq Government were bound in
/Li'^ue of Article IV of tne 1922 Treaty bo implement, and
to inform him that a threat of suh.ittin, the matter to
arbitration could be used by him should the Iraq Government
appear reluctant to accede to His Majesty’s Government's
demand. The Foreign Office however considered it advisable
for the question of arbitral rn to be carefully studied
before vhe Tigh Commissioner was auohorised to use it as a
powerful persuasive and suggested that the opinion of the
Law Officers of the Crown be sought. The memorandum which
was drawn up on the subject for their perusal dealt mainly
with the immunity from taxation wide of the question.
4.
From the files in this Agency it appears that while
in 1930 the Law Officers were examining the case the High
Commissioner in Iraq was wording to persuade the Iraq
Government to shoulder their own responsibilities and include
the undertakings in the new Treaty which was then being
negotiated.
India Office . In July of that year the High Commissioner was
telegram No. having serious di ficulty in his endeavours to maxe the
•3 /16.7•30*1 c ■ lover; t see reason and suggestt - o an effort a) oul4
be made to effect an amicable settlement by direct negatiation
betwreen the Iraq Government and the Shaikh on the basis of
the purchase of the ardens by the Iraq Govermiient. It was
thought necessary that these negotiations should be completed
before the ratification of uhe new Iraq Treaty and the
ie.s 1 d ent ’ s
telegram No.
68 .1/31.3.30.
V* 1
i)
Resident’s
telegram 7
)/22.9.19
lolicical .Igeut Kuwait was recalled from Karachi to
coiamunicate the decision of His Majesty’s Government uhe
Shaikh who agreed with some reluctance to negotiete with the
representative of the Iraq Government. The negotiator on
behalf of the Iraq Government, in the person of Saiycd Hamad
Beg al Naqib, arrived in September and maxin,; no mention, of
any desire on the part of his principals to purchase the
gardens informed the Sheikh that he was instructed to say
that the Iraq Government insisted on their right to tax the