'File 82/34 II (F 94) APOC Concession' [‎143r] (244/362)

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fjHiS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT
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PERSIA. J ^November 13, 1933.
OONFIBENTIAL. QOKHQ^flAriEQ0R6^ 1 S ection 1.
[E 6613/17/34] No. 1.
Foreign Office to the Anglo-Persian Oil Company.
Bir, Foreign Office, November 13, 1933.
I AM directed by Secretary Sir John Simon to transmit to you the accom
panying extract from the official minutes of the seventy-seventh session of the
Council of the League of Nations, at which Dr. Benes's final report on the dispute
between His Majesty's Government in the United Kingdom and the Persian
Government on the subject of the Anglo-Persian Oil Company's Concession was
considered.
2. The Council having taken note of Dr. Benes's report, the dispute between
the two Governments may now be considered as finally and officially liquidated.
3. I am to draw your attention to the fact that in his report and covering
speech the rapporteur made no reference to the omission from the text of the
company's new agreement, as ratified by the Persian Majlis, of the last sentence
of article 27 of the agreement as signed, which contained an undertaking by the
Persian Government to submit the agreement for ratification by the Majlis as soon
as possible. I am to explain that before Dr. Benes's report was laid before the
Council this omission was brought to his notice by the representative of His
Majesty's Government at Geneva. Since, however, the Majlis had, in fact,
already ratified the agreement. Sir John Simon considers that no harm can have
been done by the failure of the rapporteur to bring this minor point to the notice
of the Council.
4. As you are aware, provision is made in article 22 of the company's new
agreement with the Persian Government that in certain specified circumstances
the two parties will have recourse to the good offices of the president or vice-
president of the Permanent Court of International Justice at The Hague in
connexion with the nomination of an umpire or sole arbitrator. It was necessary
for His Majesty's Government and the Persian Government to bring this
provision to the notice of the Permanent Court, explaining that it had been
impracticable to obtain the formal concurrence of the court before the conclusion
of the agreement, and expressing the hope that no obstacle would be seen to the
acceptance by its president and vice-president of the functions thus conferred
upon them. From the accompanying copies of official correspondence exchanged
with the registrar of the court on this subject^) you will observe that this matter
has now been regularised, and that the provisions of article 22 of the agreement
are acceptable to the court in so far as they affect it. I am to add that a letter in
terms identical with those of the Foreign Office letter of the 17th August was, by
arrangement, sent to the registrar of the court by the Persian Charge d"Affaires
in London (Fathollah Khan Noury Esfandiary), who has now, Sir John Simon
understands, received an identic reply.
5. In conclusion. Sir John Simon directs me to convey to you an expression
of his appreciation of the valuable assistance afforded to him by the Anglo-Persian
Oil Company at all stages of the dispute.
I am, &c.
G. W. RENDEL.
(Final Form.) Enclosure in No. 1.
Seventy-Seventh Session of the Council, League of Nations. Extract from the
Final Minutes of the Second Meeting {Public) held on October 12 at
Geneva.
3336. Dispute between His Majesty's Government in the United Kingdom and
the Imperial Government of Persia in regard to the Concession held
by the Anglo-Persian Oil Company.
MIRZA ABOL-HASSAN KHAN FOEOUGHI (representative of Persia)
^ame to the Council table.
f 1 ) Not printed.
[971 n—1]