File 4030/1913 Pt 1 'Baghdad Railway: Negotiations; Navigation of the Tigris and Euphrates' [‎166v] (136/280)

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German Counter-draft.
commission, to be established by the
Imperial Ottoman Government, on all
matters affecting the conservancy of the
Shatt-el-Arab and the dues to be levied on
that river; it is, however, understood that
the functions of the comite ” shall be
advisory and not executive. The comite
will see that the Shatt-el-Arab shall be
permanently kept in a satisfactory state of
conservancy in order that sea-going vessels
may always be assured of free and easy
access to the port of Basra, and that dues
shall be imposed, not for the mere fact of
navigation, but only for repaying sums
actually spent on improvements in the
navigation of the Shatt-el-Arab and harbour
facilities. They shall in no case exceed
1 fr. per registered ton (the dues to cover
the coming in and going out of the same
vessel); any dues shall be levied on a basis
of absolute equality without regard to the
nationality of sea-going vessels or their
cargoes.
Article 7.
The preceding arrangements for the
final settlement of all questions connected
with the Bagdad Railway shall become
operative only under the express con
dition—
Clause (a). That the arrangement
referred to in article 2 between the
Bagdad Railway Company and the
Imperial Ottoman Government has been
concluded and entered into force ;
Clause (b). That all losses which the
Bagdad Railway Company and holders of
Bagdad Railway loans may suffer through
the loss to Turkey of her European
provinces shall be duly compensated by
assigning other sources of revenue of
equal value ;
Clause (c). That the Turkish Government
shall assign as guarantees sufficient sources
of revenue for the building and working
of the whole line from Konia to Basra,
including such branch lines as under the
concession are entitled to guarantees; and
Clause (d). That the Shatt-el-Arab has
been brought into a satisfactory state of
conservancy in order that sea-going vessels
may always be assured of free and easy
access to the port of Basra.
Anglo-German Convention.
comply therewith, and with all regula
tions issued by the Commission, and
shall duly discharge all obligations pro-^
perly imposed upon them in pursuance of
the provisions of the said Convention.
If at any time the Imperial German
Government are of opinion that the duties
imposed upon the Commission are not
satisfactorily carried out, or that the
reasonable requirements of the commerce
of the river in matters within the com
petence of the Commission are not ade
quately met, and if the Commission in such
case has not seen its way to give effect to
important recommendations laid before it
in the interests of German shipping, with the
object of removing the above-mentioned
causes of complaint, His Britannic
Majesty’s Government will use their
good offices with the Imperial Ottoman
Government to ensure the reference to a
Commission of Enquiry, appointed in
accordance with article 12 of the Conven
tion of 1907 for the Pacific Settlement of
International Disputes, of the questions
whether in any particular respects the
duties of the Commission have not been
satisfactorily carried out, and whether
there is good ground for thinking that the
Commission, if maintained, will not he
able to provide for the reasonable require
ments of the commerce of the river.
Article 7.
It is hoped that the necessity for
clause (a) of the German draft will no
longer exist, as His Britannic Majesty s
Government could only conclude the
present agreement after such an arrange
ment had been made by the Bagdad Rail
way Company.
His Britannic Majesty’s Government
trust that it may be possible to eliminate
the conditional clauses (h) and (c) of the
German draft, respecting fresh guarantees
for the Bagdad Railway Company, before
the present convention is signed.
(See article 6 of British draft.)