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'File 2/4 I TAXATION OF SHAIKH’S DATE GARDENS.' [‎99r] (202/640)

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The record is made up of 1 volume (316 folios). It was created in 3 Nov 1914-12 Dec 1930. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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pr&otic© aisd treaty obligations in contending tint
thee© undertakings to the two Shaikhs are ©Kligatlons
which the Iraq. GoVerment a^e bound to implement and he
considers that if the Iraq. Government are unwilling to
honour these obligations His Majesty’s Ooverment should
claim that the cjiie stion should be referred to arbitration
under Article Vr of the 1923 Treaty*
8 * There arc, however, certain difficulties in the
way of arbitration upon which Lord Passfleld would be
glad to be furnished with the views of Mr.Henderson.
Article V7 of the 1922 Anglo-Iraq. Treaty provides for
arbitration only as to the Interpretation of the actual
provisions of the Treaty. It would appear therefore
that the only question which could be referred to
arbitration is whether in fact these obligations to the
two Shaikhs are covered by irticle 4 of the Treaty,
nevertheless, His Lordship considers that His Majesty*s
Government should, if necessary, be prepared to refer
this question to arbitration. He is of the opinion that
if the Iraq Government realise that His Majesty 1 ©
Govcftameni are determined if necessary to submit the
question to arbitration they will probably be prepared
to honour the imdertakings to the two shaikhs, for,
whatever the decision of the arbitrator, the Iraq
Government could hardly fell to be shown up in an
unfavourable light during the course of the arbitral
proceedings. They would probably be unwilling that the
first case. In which they mm Interested, to be referred
to the Permanent Court of International Justice should
**" — (S
be a case which, whatever the decision, would bo bound to
reflect discredit upon them.

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, and the Shaikh of Mohammerah, Khaz'al al-Ka'bi, in southern Iraq. In particular, the correspondence concerns the Government of Iraq's intention to end the immunity from taxation (on the gardens) that had been granted to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ, and the Shaikh of Mohammerah by the British Government in return for their military support against the Ottoman Empire in the First World War. The volume contains letters (ff 16-20), dated November 1914, from the British Resident and Consulate-General, Bushire, Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , to both shaikhs in respect to this issue. The volume also contains correspondence between British officials discussing the British Government's obligations to Kuwait and how it should react to the Government of Iraq's plans.

The Iraq Government had considered and continues to consider that the exemption from taxation is illegal. This issue was discussed in an extract of an article that appeared in Al-Iraq newspaper and published in 1927, in which the writer The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping. gives the exact amount (12.000 Turkish gold liras per year, or 100.000 in the past 7 years) Iraq was losing annually as a result of the exemption from taxes granted to the two shaikhs.

The British officials had direct correspondence with the Council of Ministers, Iraq. They conveyed the British Government’s approval to the Government of Iraq to open up direct negotiations with the Shaikhs of Kuwait and Mohammerah regarding their revenue exemptions. Correspondence between the High Commissioner, Baghdad, and the Government of Iraq were made as early as 1924 in regard to the issue. The correspondence between the British officials includes articles of the Anglo-Iraq Treaties as well as reports prepared by the Law Officer of the Crown, Downing Street (ff 116-123).

The volume also contains correspondence between Sayid Hamid Bey Al-Naqib, Basra Deputy to the Ruler of Kuwait, and Shaikh Aḥmad al-Jābir conveying to him the procedures taking place in Iraq regarding his date gardens. Al-Naqib also paid visits to the Shaikh on behalf of the Government of Iraq. The volume also includes statements of the properties of both Shaikhs between the years 1914-1928.

Extent and format
1 volume (316 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1 and terminates at the inside back cover with 318; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Additional foliation sequences are present in parallel between ff 4-313; these numbers are also written in pencil but, where circled, are crossed through.

Written in
English and Arabic in Latin and Arabic script
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'File 2/4 I TAXATION OF SHAIKH’S DATE GARDENS.' [‎99r] (202/640), British Library: India Office Records and Private Papers, IOR/R/15/5/135, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100048076220.0x000003> [accessed 16 April 2024]

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