'File 5/14 Continental shelf and marine area' [‎11r] (21/286)

(This telegram is of particular secrecy and should be retained by
the authorised recipient and not passed on)
Cypher/OTP DEPARTMENTAL DISTRIBUTION
FROM WASHINGTON TO FOREIGN OFFICE
Sir 0. Franks
N T o.2855 A D. 10,32 p,m. 16th June, 1948
16th June, 1948 R. 4.26 a.m. 17th June, 1948
Repeated to Bagdad
Jedda
Tehran
Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. )
U.K.H.C. Pakistan ) Saving
U.K.H.C, India )
IMPORTANT
SECRET
Addressed to Foreign Office telegram Ho.2855 A of June 16th
repeated for information to Bagdad. Jedda, Tehran and Saving to Pe
Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. United Kingdom High Commissioner
Pakistan and United Kingdom High Commissioner India.
Eastern Departments letter E.6276/276/91 of 24th May.
Offshore oil in Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
State Department were not ready to discuss the question until
16th June when meeting was held with Loy Henderson, petroleum and
legal experts and State Department geographer. In following
paragraphs references are to paragraphs in Eastern Departments
letter.
2. Paragraph 2. State Department adhere to agreed view
and consider that any dispute regarding the territory covered by
concessions should be settled between the Government and the
concessionaire concerned.
3. Paragraphs 3 and 6. State Departments views on the
assertion of sovereignty differ from yours. They do not consider
that a claim to oil in the subsoil necessarily means that the
bottom of the sea must be within the sovereignty of the country
concerned; nor do they consider that sovereignty should in fact
be asserted over the sea-bed. On the analogy of air rights over
national territory such a claim might lead to an assertion of
sovereignty over the sea above the sea-bed, and hence to interfer
ence with free navigation. State Department pointed out that in tfe
the Truman declaration no claAms were asserted over the sea-bed of
the continental shelf. Moreover the assertion of sovereignty
over the sea-bed in the present case might, in their opinion, give
rise to serious political complications concerning navigational
rights if used as a precedent in other parts of the world.
4, In the Truman declaration, the word ”sovereignty” was
intentionally avoided, and the word ”Jurisdiction” was used instead
- although with much the same meaning in mind. The State Depart
ment would therefore prefer that the'States concerned should assert
their jurisdiction over the natural resources in the subsoil of the
areas allotted to them. It was pointed out to the State Department
that the maim object was to prevent exploitation of the subsoil
resources of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. by undesirable countries but they
thought that their proposal would suffice for this purpose. They
recognised nevertheless that the question of jurisdiction over the x
activities of persons drilling for oil outside territorial waters
might be difficult. Once oil had been struck and production
started the jurisdiction over these activities might, they thought,
revert to the State granting the concession. This was however a
legal point to which they had given little consideration.
/6. The State •••