'File 73/7 V (D 38) Status of Kuwait, Anglo-Turkish Convention' [‎14v] (41/216)

140
[A]
ASIATIC TURKEY AND ARABTA.
CONFIDENTIAL.
[50643]
No. 1.
JJerr von Kuhlmunn to Sir Edward
Grey.—{Received November 7),
(Confidential).
German Embassy, London,
November 3,1913.
Dear Sir Edward,
The counter-draft to the British
draft of the 18th September 1913,
which I had the honour to submit to
day, might require some confidential
explanations, which I shall attempt
to give in the following :—■
In article 1, clause {a), we would
prefer to say in the seventh line " con
struction of the Baghdad Railway sys
tem," because that would cover the
main line and the branch lines grant
ed by the concession, as they shall be
finally settled between the German and
Turkish Governments. The word
" Railway" at the beginning of the
ninth line of the English counter-draft
to be replaced by " Undertaking."
We would like the last part of arti'
cle 1, beginning with "under" and
ending with " this clause," to be trans
ferred to the note explicative. Our
legal advisers do not hold the opinion
that by accepting this clause England
would bind herself to support any fu
ture increase of Turkish customs be
cause an increase might seem desirable
in the interest of the Baghdad Railway,
but we consider at the same time that
it would, as would the spirit of this con
vention prevent England from oppos
ing existing revenue or increases of the
customs, in principle already accepted
by the Powers, being in part used for
tne Baghdad Railway.
In clause (6), " declare that they
will not oppose " might be replaced by
" agree to."
Clause (c). The Imperial Govern
ment is quite willing to use its influence
[November.]
Section 7.
Minute hy Mr. Parker.
Provided it is expressly agreed, per
haps in the note explicative referred to by
Herr von Kiihlmann, that the drafting
of article 1, clause {a), does not in advance
preclude His Majesty's Government from
opposing future variations of the con
cession, and provided His Majesty's
Government are furnished with authen
tic copies of all existing agreements bet
ween the Ottoman Government and the
Germans, including the modifications
now under discussion with Djavid Bey,
I do not think exception need be taken
to the words " system " and " under
taking." It is, however, essential that
His Majesty's Government should know
precisely what they are asked to agree to.
There does not seem the same objec
tion to leaving out these words from the
convention if they are inserted in the
note explicative, which might advantage
ously define their somewhat ambiguous
meaning.
I think this is an improved wording in
which His Majesty's Government might
certainly concur.