'File 4/22 III Umm Qasr' [‎3r] (5/78)

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lTo»2C0 •
(3 5122/124/93'i
3CH3IGN OFFICE, S.V/.l.
30th September, 1943
6)
Sir,
I have nov. considered in consultation with the
departments concerned Your axcellency’s despatch 1 To* 167 «r
(108/21/43) of the 18 th May, in which you reported your ^
conversations with the Iraqi Irime Minister on the subject
of the suggested cancellation of paragraph 3 of the
notification regarding port dues at Urn ^asr.
2. You may find it convenient to have a short history
of the discussions that have taken place between 1938 and 1942
about the construction of a port on the Khor Zubair, and I
accordingly enclose a note on this question which has been
prepared in this department* It will be seen that General
Yuri's account of these discussions is inaccurate in one or
tv/o material points. In particular, His Excellency is wrong
in saying that at no time had it been suggested that the
Sheikh of Kuwait was a claimant to the area in which it was
proposed to construct the port, amongst the aides memoires
which Taufiq Suwaidi prepared for his conversations in london
during his visit in the autumn of 1938, was one on Kuwait in
which he specifically mentioned Um ^asr as the probable site
of the port and admitted that the construction of an Iraqi
port there would necessitate a slight rectification of the
frontier. I enclose a copy of this aid.e memoirs .
3. General Yuri is also inaccurate in saying that the
ov/nerahip of the port site had never been called in question*
As you pointed out, the present vague description of the
frontier leaves a considerable area*in doubt* Sven if under
the 1940 interpretation the docks fall entirely in Iraq, other
land required for the development of the p^ort is indisputably
in Koweiti territory (see your unnumbered telegram from Basra
of the 25th February, 1942.^^^
4 . In these circumstances, v/hile I appreciate the force
of the arguments adduced by you in favour of leaving the
matter in abeyance, I consider that it would be unwise to
allow the issue of the offending notification to pass without
some formal reservation. By this notification the Iraqi^
Government have arrogated to themselves certain rights in the
port of Um qasr which His Majesty's Government do not
necessarily admit they are entitled to exercise, it is not
proposed at this stage to suggest that the frontier should be
delimited, and the question of v/hat means are open to His
Majesty's Government to achieve a satisfactory settlement of
the Ko'we,iti-Iraqi dispute is still under consideration* But
in order to safeguard the interests of the Sheikh of Kuwait
it is essential that His Majesty's Government should not by
their silence lay themselves open to the imputation ox haying
acquiesced in the notification and the claims implied in it*
I consider, therefore, that a note should be addressee, to the
Iraqi Government which, while not inviting any reply, should
make it clear that no action taken by the Iraqi Government
with regard to the port of Um %asr can be held in anyway to
prejudice/
His Sxcellency
Sir Kinahan Cornwallis, G.C.K.G., C.B.3*
etc*, etc,* etc,*
Baghdad