Page 194 - The Persian Gulf Historical Summaries (1907-1953) Vol III

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Whereas upon the Concessionaire concluding with the Shaikh of Dubai
(hereinafter called “ the Shaikh ”) an oil agreement (hereinafter referred to as
“ the Concession certain responsibilities will devolve upon Her Majesty’s Govern­
ment arising out of the Concession, the Concessionaire has agreed with Her
Majesty's Government as .follows, notwithstanding anything contained in the
Concession: —
1. The obligations or benefits of the Concession shall not be transferred
without the prior consent in writing of Her Majesty’s Government. Such consent
shall not be unreasonably withheld but will be contingent on acceptance by the
assignee of the provisions of this Agreement.
2. Any transferee Company and any subsidiary or operating company that
may be created in connexion with the operations under the Concession shall, except
with the prior consent in writing of Her Majesty’s Government, be and remain
a British Company registered in any of the countries of the British Commonwealth
of Nations.
3. The employees of the Concessionaire in Dubai shall at all times be British
subjects or French citizens or subjects of the Shaikh; provided that, with the
consent of the Political Resident, Persian Gulf, persons of other nationalities may
be employed if in the opinion of the Concessionaire they are required for the
efficient carrying on of the operation of the Concession.
4. One of the senior employees of the Concessionaire shall be designated
chief local representative of the Concessionaire in Dubai. The approval of Her
Majesty’s Government shall be required for the persons so designated but such
approval shall not be unreasonably withheld. He shall be ordinarily resident in
Dubai and will be responsible for the local relations of the Concessionaire with
the Dubai authorities. AH major questions and matters of policy shall be con­
ducted through the Political Agent in the Trucial States, who shall in all other
cases be kept fully informed of the Concessionaire’s relations with the Dubai
authorities.
5 Subject to the terms of the Concession, the Concessionaire shall at all
times pay due deference to the advice of the Political Agent in the Trucial States
and of the Political Resident, Persian Gulf. The Concessionaire will recognise
the jurisdiction exercised in the Trucial States under the Trucial States Order in
Council.
6. The right given to the Concessionaire by the Concession to utilise means
of transportation by air shall be subject to any regulations regarding civil aviation
in force in Dubai.
7. The Concessionaire shall not construct any landing-ground without the
prior consent of Her Majesty’s Government and the Shaikh and except in
accordance with the terms and conditions of such consent, and any landing-
ground so constructed shall be used only in accordance with such terms and
conditions as may be laid down by Her Majesty’s Government and the Shaikh.
8. The Concessionaire shall not have the right to use or occupy, and shall
not include in the areas selected for the purposes of the operation of the Concession,
any sites which may have been selected by or on behalf of the Shaikh or Her
Majesty’s Government for defence purposes, for airfields, aircraft bases or for
wireless or telegraph installations or in connexion with the development of
harbours, provided that with the consent of Her Majesty’s Government which
shall not be unreasonably withheld the Concessionaire shall have the right to use
for the purposes of the operation of the Concession such harbours as may be
developed by the Shaikh or Her Majesty’s Government if there is not reasonable
harbour accommodation available elsewhere. Harbours and sea terminals, and the
docks and other facilities in connexion therewith, developed by the Concessionaire
shall, in so far as Her Majesty’s Government are concerned, be under the complete
and exclusive control of the Concessionaire.
9. Telegraph, wireless and telephone installations, if any, maintained by the
Concessionaire shall be for use only in his business and as provided in the
Concession and shall be so constructed and operated that their operations shall
not interfere with the operations of such wireless, telegraph or telephone installa­
tions as may be established by the Shaikh or Her Majesty’s Government or their
agents.
10. The Concessionaire shall do nothing to prejudice the fixing of the
boundaries of the sea-bed area appertaining to Dubai and shall not dispute with
the Shaikh or Her Majesty's Government regarding these boundaries. Until the