'Najd-Transjordan Boundary' [‎44r] (92/358)

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Article
Th « Governments of Kajd and Trane-
tioraan may not corregpoud with the
^nefs ana Bheikhs of tribes sublect to
tiie other State on official or political
matters.
Article 10.
.i tie forces of jNojd and Trans-Jordaia
may not cross the common frontier in
the pursuit of offenders, except with the
consent of both Governments.
Article 11,
^ Sheikhs of tribes who hold an
official position or who have fligs showing
that they are leaders of armed forces
may not display their flags io the
territory of the other State.
Article 12.
Free passage will be granted by
the Governments of Najd and Trans-
d ordaf; to travellers and pilgrims, provi-
ded they conform to those regulations'
affecting travel and pilgrimage which
may be in force in Najd or Trans-Jordan.
Each Government will inform the other
of any regulation issued by it in this
matter.
Article 13.
ibs Britannic Majesty’s Government
undertake to secure freedom, of transit at
all times tcc merchants who are subjects
of N>*jd fur ilie prosecution <k their tradfe
between Najd anti Syria in both direct
ions ; and (o -secure exemption from
Customs and other duly for all merchan
dise) in transit which may cross the
Mandated territory on Its way from Najd
to Syria or from Syria to Najd, on condi
tion that such merchants and their
caravan? shall submit to whatever
Customs inspection may be necessary, and
that they shall be in possession of a docu
ment from their Government certifying
that they are bona ffde merchants; and
provided that trading caravans carrying
merchandise will follow established
routes, to be agreed upon hereafter, for
their entry into and their exit from the
Mandated territory ; it being understood
that the above restrictions will not apply
to trading caravans whose trade is con
fined to camels and other anisUals, or to
tribes migrating in accordance with the
preceding At titles of the present Agree
ment.
His Britannic Majesty’s Govern
ment further undertake to secure such
ether facilities as may be possible to
merchants who are subjects of Najd and
who may cross the area under British
Mandate.
Article 14.
This Agreement will remain in force
for so long as His Britannic Majesty’s
Government are entrusted with the
Mandate for Trans-Jordan,
Article IB.
The present Agreement has been
drawn up in the two languages, English
and Arabic, and each of the. high con
tracting parties shall sign two English
copies and two Arabic copies. Seth
texts gh&ll have the same validity, but in
case of divergence between the two ?n the
interpretation of one or other of the
Articles of the present Agreement, the
English text shall prevail.
Article 16.
The present Agreement will be known
as the Hadda Agreement,
!•
(Signedrst Bahra Gump on the 2nd
November 1925 (corresponding to the )5ch
B&bi' Thitni 1341)
In a letter dated Nov. 1 iba Saud
wrote to Sir Gilbert Clayton -
In the Agreement relating to Trans-
Jordan and .Najd provision is made, for
an undertaking on our part not to fortify
Kaf or to make it a military centre. In
one of our conversations, X asked Your
Excellency to elucidate the meaning of
‘Tonifications’ 5 and you explained that
the consifuciion of - a wall round, the
villages concerned, according to the
custom prevailing in the desert for the
prevention of thefts and raids, as well as
the construction of a military barracks
for the housing of Public Security
troops and the placing of a gun or a few
machine guns according to the require
ments of public security, would not be
considered as being fortifications of the
kind which we undertook to abstain from
erecting; but that such works should be
considered as necessary for the preserva
tion of order. The object of the present
letter is to obtain cleat confirmation of
that frora Y r our Excellency so that we
should bo perfectly explicit about mis
constructions as might arise from the
intrigues of mischief-makers.
On Nov, 2 I bn Saud wrote ; —
With reference to the discussions
which have taken place concerning J
traders who ate subjects of Trans-Jordan^ i
I am not aware of an established and
custpmary road used for passage through
the Wadi A seasonal or intermittent watercourse, or the valley in which it flows. Si chan by traders from Trans-
Jordan. Should it appear, however, that
gubieNs of Trans Jordan have >«a esta
blished and acknowledged right* recog
nised by those who are expert in such
matter*, to ply their trade from Syria and
Trans Jordan to the southern portions of
Trans-Jordan by way of the Wadi A seasonal or intermittent watercourse, or the valley in which it flows. Sirhaa,
then w r e hereby undertake to extend to
them the same treaknent as is extended
to subjects of Najd by the Government
of Trans-Jordan in their transit to and
from Syria.
To the first letter Sir G ilbert Clayton
replied
I have the honour to acknowledge
receipt of your letter No.224 of the [4th i
Rabi’ Thani 1341 (1st November 1925)
relating to the interpretation of Article
II of the Hadda Agreement.
In reply to Your H ghness* enquiry, ,
I would confirm the verbal siafcement I
made in a recent conversation with Your
Highness, namely, that it is difficult for
anyone to define, fully and in detail,
what is to be understood by the word
“fortification” in such a manner as to i
cover all possible eventualities; and
that the best interpretation of
that Article would be that which
conforms to the spirit as to the letter
of the Agreement, and rests on a sincere
execution of its terms. For instance, if
von desire to erect a wall, as is usual, or ]
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