File 619/1907 Pt 10 'Arms traffic:- Persian Gulf. Prize Money for captures in Persian Gulf.' [‎112v] (229/424)

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Declaration ” with Holland (1877), 0 from imposing, without the consent of
the Treaty Powers, any general restriction upon the import of arms into his
dominions or upon their export from Muskat, except to countries where
importation was prohibited.t
The position is further governed by the Declaration of the 10th March
1862, by which the British and French Governments engaged “reciprocally
to respect the independence ” of the Sultans of Muskat and Zanzibar.
(Appendix III).
10. On the 30th April 1898 the Sheikh of Bahrein^, on the advice of the
Bahrein Agreement, 1898. Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , agreed
(Appendix VII.) absolutely to prohibit the importation
Government of India’s letter of 7tli “ of arms into Bahrein territory or
Inly 1898. “ exportation therefrom ” ; and to
711 / 98 - enforce the prohibition, he issued on
the same dav—
(1.) A Notification declaring that the import and export of arms into and
from the Islands of Bahrein was absolutely forbidden, and that in
future all arms and ammunition imported or exported would be
seized and confiscated as property of the State.
(2.) A Proclamation conferring on British and Persian vessels of war
permission to search vessels carrying the British, Persian, or
Bahrein flag in Bahrein territorial waters, as well as Bahrein
vessels in Indian or Persian waters, and to confiscate all arms and
ammunition (weapons of war) intended for Indian or Persian ports,
or for the Islands of Bahrein.
11. It was owing to the Agreement with the Sultan of Muskat that Her
“ Baluchistan ” Case. Majesty’s ship “Lapwing” was able,
“Times” Law Reports, 5tli July 1898 on the 24th January 1898, to seize the
and 9tli July 1901. steamer “ Baluchistan,” near Muskat,
and capture the cargo of arms she was carrying. An action was brought by
Messrs. Fracis, Times, & Co., who had shipped a consignment of arms by
the “ Baluchistan,” against the Sea Insurance Company, Limited, to recover
a loss under a policy of marine insurance on the consignment. This loss the
Company had refused to pay on two grounds : (1) That the plaintiffs had,
when effecting the insurance, concealed a fact material to the estimation of
the risk, viz., that the importation of arms was forbidden by Persian law ;
and (2) that the adventure was illegal, as being in contravention to the law
of nations^ Mr. Justice Bigham, in giving judgment for the plaintiffs, held
that “the import of) arms was not illegal according to the law of Persia, as
that law was administered in practice and enjoined,” or, in other words, that
no real prohibition existed on the importation of arms into Persian ports.
* the “ Commercial Declaration ” of 1877 merely provided for reciprocal “ most-favoured
nation treatment between Holland and Muskat. It seems doubtful whether the terms of
this instrument could be held to preclude the Sultan from placing a general embargo on the
importation of arms into his territory. (See despatch from Her Maiesty’s Minister at the
Hague, dated 3rd November 1897, 2323/97.)
Ihe drench and American treaties, on the other hand, provide expressly for unrestricted
importation of all kinds of merchandise. The American treaty makes [special mention of
munitions of war (“ muskets, powder, and ball ”) which are to be “freely sold without anv
restriction whatever at all the Sultan’s ports outside the Island of Zanzibar. (See
Appendices I. and II.) r Ihe commercial Treaty of 1891 (which superseded an earlier Treaty
of 183J) between the Sultan and Great Britain also contains a clause providing for the
unrestricted import of all kinds of merchandise into Muskat territory.
The British, drench, and Lnited States treaties all provide for the lew of a duty not
exceeding 5 per cent, on all imports into Muskat.
t It should be observed that on 17th October 1903 the Sultan of Muskat issued a Notification
prohibiting the export of arms and ammunition from Oman to the portions of the African
coast lying to the north of Cape Guardafui, which are under the British Protectorate, and
also to those parts of the African coast which are under the Italian Protectorate, and granting
British and Italian ships of war power to search Muskat vessels on the high seas and in
Muskat territorial waters. (See Appendix XI.)
+ | l ie Sheikh of Bahrein had previously, on his own initiative, forbidden the import of
arms, &c., into his territory by a Notification issued in January 1896. (See Appendix VII. (3).)