Page 460 - Gulf Precis(VIII)_Neat

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In reply the Government of India informed the Resident in the Persian Gulf
that in view of the embarrassment which might arise from the slarch of vessels
carrying the Turkish flag, whether in Koweit or in British or Persian waters, no
action should be taken in the way of search or seizure of Koweit vessels unless or
until instruction should be received from the Secretary of State for India, to whom
a reference had been made.
The Secretary of State in a telegram, dated the 16th August 1900, notified
that Her Majesty's Government approved of the advice given to Bahrein and of
the proceedings regarding Koweit, on the understanding that no effect would be
given by British authorities, without special permission, to the Koweit proclama-
tion of 24th May.
Agreement with Maskat as to the ownership of confiscated arms,
1900.
65. In despatch No. 100, dated the 26th July 1900, the Government of India
in addressing the Secretary of State, ob­
Secret E., August 1900, Nos. 191 —
201. served that under the terms of the Sultan’s
proclamation, dated the 13th January 1898,
and in the absence of any words of limitation, the permission to confiscate, which
had been conferred by the Sultan on British and Persian vessels might perhaps
be construed to mean that the confiscating Government was entitled to take for
its own benefit arms and ammunition seized in pursuance of that proclamation.
Unless this interpretation of the agreement with the Sultan could be accepted, the
Government of India thought that the agreement should be revised. Both the
Political Resident in the Persian Gulf and the Political Agent at Maskat were
of opinion that any concession, whereby all such seizures would become the sole,
property of the Sultan, was unnecessarily liberal and would involve undesirable
risks. After consultation with the local officers, the Government of India there­
fore recommended that the following stipulations should be embodied in a
revised agreement:—
1. In the case of arms and ammunition belonging to Maskat subjects,
which may be seized by British vessels.in course of exportation from
Maskat in the Sultan’s territorial waters, two-thirds of the arms and
ammunition will be given to the Sultan or may be purchased from
him as may be arranged, the remaining one-third being retained by
the British Government (for prize money and expenses).
2. Arms and ammunition belonging to Maskat subjects, which may be
seized outside Maskat territorial waters, will be held at the disposal
of the confiscating Government.
3. The Sultan will receive compensation at the rate of 5 per cent., on the
insured value of the goods, for loss of customs duty in- the case of
arms and ammunition, the property of other than Maskat subjects,
destined for Maskat, which would have paid duty had they not been
seized.
4. In the case of arms and ammunition seized on Persian, Bahrein or
Koweit vessels in Maskat territorial waters, the Sultan will receive
some money payment in acknowledgment of his rights.
5. Except as provided in clause (1) above, all arms and ammunition,
seized in virtue of this agreement, will be the property of the con­
fiscating Government.
Interpretation of our agreement with Persia, regarding the ownership
ot confiscated arms, 1901.
66. With reference to the terms of our agreement with the Persian Govern­
ment regarding the ownership of arms and ammunition seized on Persian vessels
within Maskat or Persian territorial waters or upon the high seas ; it appeared,
from the text of the letter* written by the
* Enclosure in Mr. Hardingc’s des­
patch to the Marquess of Salisbury, No. Sadr Azam to Mr. Hardinge. dated the
3, dated the 5th January 1898. 18th December 1897, that all arms the
importation of which into Persia was