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'Muscat Treaty' [‎183r] (383/537)

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The record is made up of 1 volume (255 folios). It was created in 10 Jun 1938-29 Nov 1938. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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A
foreigners in general. In practice ? however ? owing to the
influence exercised there through the Government of India and
the political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , Muscat stands in a
special position which has considerable resemblance to that of
a British protected State. In the case of British protected
states - as for example the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Sheikhdoms of Koweit
and Bahrein - it is assumed th^t His I.Iajesty's Government in
the Union would not think of questioning the right of His
Majesty's Government in the United Kingdom to exercise juris
diction over the rights of persons belonging to the Union as
over other classes of British subjects? and other non-natives
such as United States citizens or French nationals. Having
regard to the special position of Muscatj it is thought that
the Union Government may feel it preferable to adopt a similar
attitude to the exercise of extra-territorial jurisdiction in
Muscat and not to regard it as necessary to indicate by one or
other of the means outlined above that authority in the
territory concerned over British subjects belonging to the
Union is exercised on the advice of Ills Majesty's Government in
the Union. An early expression of the views of the Union
Government on the question of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for cae
continued exercise of extra-territorial jurisdiction ox iuuscat
would be appreciated j as we should like to proceeo. as soon as
possible with the drafting of the necessary Order.
The necessity for bringing the new Treaty into xorce
next February and the time required for the various legal
formalities would make it very desirable to put this in hand at
the latest by the middle of December ? and 3 if we have not heard
further from the Union Government by then; we trust that we may
assume that they concur in a draft being prepared on the basis
suggested above.
Yours sincerely 5
Sd. Devonshire.

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Content

Correspondence relating to negotiation of Muscat Treaty in 1938. The Muscat Commercial Treaty 1891 had been renewed every year but in 1938 Sultan Said bin Taimur stated that he was not prepared to renew it further. Correspondence relates to the negotiations over a new treaty, the clauses and their wordings.

Discussions in the correspondence included:

  • Issue of appointment of Consular Officers to inland towns.
  • Whether the treaty could be translated into classical or modern Arabic.
  • Jurisdiction of nationals other than those defined in the 1891 treaty.
  • Customs duties.
  • Importation of items such as alcoholic liquors and tobacco by His Majesty's Consul for his personal use.
  • Arrangements for obtaining Sultan's signature in Muscat or Dhofar.

Includes side-by-side Arabic and English translations of draft clauses as well as a copy of the Arabic and English text proposed for the treaty. The final treaty was composed of 23 articles covering: nationals; aircraft; internal duties and taxes; prohibitions on imports; appointment of Consuls; assistance of vessels in distress; freedom of conscience and religious toleration; procedures for termination of the treaty; the equivalence of the Arabic and English version of the text of the treaty but where dispute English text was considered decisive; length of treaty. Also includes a confidential letter relating to Article 15. Correspondents include: Said bin Taimur [Sa‘īd bin Taymūr], Sultan of Muscat; Sir Trenchard Craven William Fowle, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; Rutherford Berriman Tippetts, Board of Trade, London; India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , Whitehall, London; Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Muscat.

Extent and format
1 volume (255 folios)
Arrangement

The papers are arranged chronologically from the front to the rear of the file.

Physical characteristics

Foliation: the system of foliation in use is the sequence of numbers written in pencil in the top right hand corner of each folio.

Written in
English and Arabic in Latin and Arabic script
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'Muscat Treaty' [‎183r] (383/537), British Library: India Office Records and Private Papers, IOR/R/15/1/413, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023827341.0x0000b8> [accessed 11 May 2024]

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