'File 53/11 III (D 69) Sheikh of Kuwait's and Mohammerah's Date Gardens in Iraq' [80r] (165/422)
The record is made up of 1 volume (211 folios). It was created in 14 Nov 1926-31 Jul 1930. It was written in English. 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.
This transcription is created automatically. It may contain errors.
11th October, 1929.
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
THS UNIER S3CRSTARY OF STATE,
About this item
The correspondence in this file discusses date gardens in Fao [the Al Faw Peninsula], Iraq owned by the ruler of Kuwait, Shaikh Aḥmad al-Jābir Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī.
In particular, the correspondence concerns the Government of Iraq's intention to end the immunity from taxation (on the gardens) that had been granted to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and Khaz'al al-Ka'bi by the British Government in return for their military support against the Ottoman Empire in World War 1. The file contains correspondence between British officials that discusses the British Government's obligations to Kuwait and how it should react to the Government of Iraq's plans as well as correspondence directly between British and Iraqi officials.
The file contains a British Government briefing note from 1928 entitled "British International Obligations in respect of Iraq' (ff. 54-57) and figures regarding the estimated value of the tax immunity on Shaikh Aḥmad's land (f. 90).
- Extent and format
- 1 volume (211 folios)
File is arranged in chronological order, from earliest at beginning of the file to most recent at end.
- Physical characteristics
Condition: Previously a bound correspondence volume, the file's sheets have been unbound and are now loose.
Foliation: The file has an incomplete foliation sequence and a complete sequence. The complete sequence, which should be used for referencing, is circled in pencil, in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. It begins on the title page, on number 1, and ends on the last page of writing, on number 204. The file has the following foliation errors: ff 46A-B
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