Coll 30/86(2) 'Persia. Relations with Iraq. Shatt-el-Arab: Internationalisation of, and establishment of a Conservancy Board.' [‎338r] (686/944)

THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY’S GOYERNMEN
PERSIA.
CONFIDENTIAL.
*, s J 3
1619
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Iv o b
February 10, 1936.
Section 3.
[e 7za/7i/az]
Mr. Knatchbull-Hugessen to Mr. Eden.—(Received February 10.)
Tehran, January 20, 1936.
WITH reference to my telegram No. 36, I have the honour to transmit to
you, herewith, a copy of the brief summary of the draft of the Shatt-el-Arab
Convention, a Persian translation of which I handed to the Shah during the course
of my audience with His Majesty on the 18th January.
2. I am sending copies of this despatch to His Majesty’s Ambassador at
Bagdad, No. 5.
I have, &c.
H. M. KNATCHBULL-HUGESSEN.
Enclosure.
Brief Summary of the Draft of the Shatt-el-Arab Convention.
THE draft convention has two main objects : (a) to provide for the
■conservancy of the Shatt-el-Arab, that is, its maintenance as a navigable waterway
adequate to the needs of the shipping of all nations; (b) to control the navigation
of the Shatt-el-Arab, that is, to provide all shipping using the waterway with a
uniform system of control, administration and discipline in all matters necessary
for safe and efficient navigation.
2. For this dual purpose the convention sets up a conservancy board. It
consists of three members, two representing Iran and Iraq as the riparian Powers
and the third Great Britain as the State owning over 90 per cent, of the shipping
using the river. The seat of the board will be at Basra.
3. In order that the board shall be able properly to carry out the first part
of its task, that is the maintenance of the Shatt-el-Arab as a navigable waterway,
it is most important that all channels which may affect the navigability of the
Shatt-el-Arab should be placed under the control of the board. The convention
therefore provides that the board’s control shall extend over the whole of the
Shatt-el-Arab, including its seaward approaches to a point above its junction with
the Karun; the last 3 miles of the Karun and also the whole of the Bahmanshir,
and 50 metres up all branch waterways of these main streams. The draft
convention also places under the control of the board all the banks of the waters
under its jurisdiction, and gives it authority to undertake, regulate or forbid
the construction of any jetties, wharves, embankments, dams, &c., connected
in any way with the maintenance of the waterway. The board is given power
to carry out dredging and all work of whatever kind necessary to maintain the
navigability of the Shatt-el-Arab.
4. For the execution of the second part of its task, that is the control of
navigation, the board is given power to draw up and to enforce all necessary
navigation and administrative regulations. The convention provides that these
regulations must ensure the equal treatment of all shipping using the river in
all matters and especially in regard to dues. For the enforcement of its
regulations, the board is given power to inflict penalties for oflences connected
generally with navigation matters; but it is not made responsible for the
maintenance of law and order or for the prevention of smuggling. The board
is empowered to provide all lighting, buoying and pilotage services. In order
that it shall be fully free to execute its task, the convention provides that it and
its members and officials shall be independent of the territorial Governments
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