Page 269 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

254

(v)
(Paragraph 135)

Letter, dated November 3 1938, from the Iraqi Minister for Foreign Affairs,
to His Majesty’s Ambassador, Bagdad
The proposals concerning the properties in Iraq claimed by the Shaikhs of
Koweit and Mohammerah which were contained in Mr. C. H. Bateman’s Note
No. 347 of 8th July, 1936, addressed to the then Minister for Foreign Affairs,
A1 Saiyid Nuri A1 Said, have now received the careful consideration of the Iraqi
Government.
2. The Iraqi Government are disposed to accept these proposals, subject to
the following: —
3. With regard to sub-paragraph (a) of paragraph 6 of Mr. Bateman’s Note,
legislation must be passed before the undertaking can be given. The Iraqi
Government are prepared to propose such legislation and, on its coming into force,
to give the undertaking requested.
4. With regard to sub-paragraph (b) of paragraph 6, the British Government
may rest assured that the Iraqi Government have no intention of imposing
discriminatory taxation on the property of any person in Iraq. Furthermore, the
British Government must be aware that such taxation would be in conflict with
the provisions of the Iraqi Constitution. The Iraqi Government do not, therefore,
consider it proper or necessary for any further assurance to be given by them in
this connexion.
5. With regard to paragraph 8 the Iraqi Government confirm that the
nationality of the two shaikhs shall constitute no impediment or delay to the
completion of the registration of the properties which may be awarded to them in
accordance with the provisions of the Land Settlement Law.
6. The Iraqi Government are prepared to give the assurance mentioned in
paragraph 9 on the basis of the Land Settlement Law or the Regulations issued
thereunder.
7. With regard to paragraph 10, it is necessary to point out that Article 25 (b)
of the Land Settlement Law provides that all judgments of the Special Court are
subject to appeal to the Court of Cassation on points of law. The Iraqi
Government cannot, therefore, confine litigation against the Shaikh of Koweit to
appeals, against the decisions of the Land Settlement Officer, to the Special Court
set up by virtue of Article 4 of the Law.
8. With regard to paragraph 12, it follows from paragraph 7 above that the
British Government should recognise the decision of the Court of Cassation as well
as the decisions of the Land Settlement Officer and the Special Court, and that the
British Government’s undertaking not to object to any changes which may result
to the present boundaries of the Shaikhs’ lands in consequence of the land
settlement procedure must extend to changes which may result from any decisions
of the Court of Cassation.
9. The Iraqi Government consider it necessary as part of the settlement of
the present question to put an end finally to all disputes as to the competence of the
Iraqi Courts and the application of Iraqi law in all matters relating to immovable
property in Iraq owned or possessed by either Shaikh or in which either Shaikh has
or claims an interest, and for this purpose the Iraqi Government declare that for the
future they will exercise the Iraqi jurisdiction over such property and all matters
relating thereto without any distinctions being made between it and other
immovable property in Iraq or between the Shaikhs and other persons interested
in immovable property in Iraq.
10. On receiving the British Government’s acceptance of the conditions
above-mentioned the Iraqi Government are prepared to carry out with a minimum
of delay the course of action proposed in Mr. Bateman’s Note and this Note.