"ملف 53/11 III (D 69) حدائق التمر المملوكة لشيخ الكويت والمحمرة في العراق" [و‎‎٨‎٠] (٤٢٢/١٦٥)

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68214/29.
11th October, 1929.
Sir. j.-p
I am directed by LordJ^asafield to acknowledge tho
receipt of your letter of tlie 13th of September, No. ii 4052/
1358/93, regarding the exemption from taxation promiBed to
the Sheikhs of Koweit md Uohanmorah in 1914 in respect of
their date gardens in Iraq, and to request you to mfona Ir.
Secretary Henderson tliat His Lordahip is advised that tiie
position in this matter of the Sheikh of Koweit under
international law is as stated in your letter.
2. Lord Paasfield is advised, however, that in this
country the question whether a person is an mdepandant
sovereign is decided by a atatefnont by a responsible minister
that His Uajesty rtico^nises him as such, and thit a statement
of this character is regarded as conclusive evidence by the
Courts. It may be that in Iraq a similar procedure would
have to be followed, and that a statoment by a responsible
Iraqi uinistar that King ^aisal recognised the Sheikh of
Kcweit as an independent forei-p sovereiji would be necessary
in order that the Sheikh^ property should be removed from th<
jurisdiction of the local Courts. If so, it is not thought
likely that King Faisal would decline so to reco^iise the
Sheikh of -oweit; but the possibility should not be entirely
excluded from consideration.
3. ^ven if, however, the Iraq Government were
prepared to apply to the Sheikh's case the principles of
international law explained in your letter, this mijit not,
in certain circumstances, provide a complete and lasting
solution of the difficulty. The undertaking given to the
Sheikh in 1914 applied not only to himself, but also to his
"descendants". Consequently, if the Sheikh's property were
divided/
THS UNIER S3CRSTARY OF STATE,
FOREIGN OFFICS.