'File 73/7 V (D 38) Status of Kuwait, Anglo-Turkish Convention' [‎9r] (30/216)

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In article 5, clause {h), it is proposed to insert after f< to use " the words
fi at their stations on the Rivers Tigris and Euphrates and."
We propose to restore the contents of our former article 5 as article 5 A, or
clause (c) of article 5, British counter-draft, in the wording of our counter-proposal.
In view of the paramount importance which the Shatt-el-Arab has for our
interests, being the only access by sea to the terminus of the great railway in which
so much capital has been sunk, it is necessary for us to have a direct assurance
from His Majesty's Government that the river will be kept in good conservancy
and open under terms of absolute equality.
In article 6 we agree to the first section, but would like a clause added
expressly stating that the rights acquired by the capitulations, shall not be im
paired.
The Imperial Government thinks that the machinery provided by the second
section of article 6 is open to a good deal of criticism, and proposes, if their original
article 6 should be accepted, striking out the words from the "Shatt-el-Arab shall''
to " of Basra and ". Turkey has not ratified The Hague Convention of the 18th
October 1907. There does not seem, therefore, to be any real guarantee that the
British Government would in every case succeed in making the Turkish Govern
ment accept the reference to a Commission of Enquiry, as proposed in the British
counter-draft. Such a Commission seems in the opinion of the German Govern
ment a rather clumsy instrument and probably there would be a good deal of
delay before any decision could be arrived at. The decision of the Commission
would in no way have the character of an arbitral decision or any binding charac
ter whatsoever. The decision leaves, as stated in article 35 of The Hague
Convention, absolute liberty to the parties concerned. It seems, therefore, that
if after protracted negotiations the Commission of Enquiry should give a
decision unfavourable to the Commission, there would be under the scheme as
it stands now no guarantee whatever that the Riverain Commission either changes
the objectionable policy or is replaced by a body better adapted for the needs of
commerce and navigation. The Imperial Government for the same reasons that
have led to ask for the retention of article 5 A attaches great importance to get a
direct undertaking from His Majesty's Government concerning dues on the
Shatt-el-Arab.
P The desire to retain the second part of our article 6 beginning with '' That
dues shall '' has no doubt contributed to the desire to let our article 6 stand as
proposed by us. Therefore, it seems advisable in case the retention of our article
6 should not be agreed to, to attach its second part to article 5 A.
In article 7 the Imperial Government agrees to the proposal of the British
counter-draft, but would like to see clause (d) retained in a form given in our
counter-draft.
Article 8 is agreed to.
Believe me, etc.
KUHLMANN.
Enclosure 1 in No. 1.
Memorandum.
The Imperial Government have most carefully examined the confidential
memorandum of the 18th September 1913 relative to the Baghdad Railway and
allied questions, as well as the draft of an Anglo-German Convention annexed to
this document. The German Charge d'Affaires, in accordance with his instruc
tions, has the honour to transmit to Sir E. Grey the result of the above examina
tion in the shape of a new draft of the convention, with the corresponding pro
posed amendments.
German Embassy, London.
November 4, 1913.
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