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'File 8/65 IX RENEWAL of COMMERCIAL TREATY' [44r] (87/242)
The record is made up of 1 file (119 folios). It was created in 13 Aug 1951-14 Oct 1951. 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. .
Transcription
This transcription is created automatically. It may contain errors.
COPY
(EA 1053/58)
FOREIGN OFFICE, S.W. 1*
JONFIDENTIAL
Dear Sir Rupert,
The sultan’s decision that he wishes to have the
provisions relating to Consuls regulated in the Treaty
as reported in Felly’s letter No. 1041/82 of 9th September
considerably simplifies our drafting problem. r/e cannot
hov/ever entirely agree to the proposal he makes, in his
letter to Chauncy of 2nd September since, for the reasons
given in Furlonge’s letter EA 1053/35 of 24th July, we are
particularly anxious to avoid the retention of a Host
Favoured Nation clause in any Article relating to Consular
matters.
2. After further consideration we have come to the
conclusion tSiat the difficulties we mentioned to you about
the inclusion of an Article in the Treaty as opposed to a
seoarate Consular convention are not so strong as we
thought at first. The Consular conventions Act deals
mainly with the inviolability of Consular premises, and the
representation by the Consul under power of attorney Ox the
interests of a national of the sending state in an estate.
In uractice it is not likely that either of these things
will be required in the foreseeable future by a Consular
Officer appointed by the Sultan; our own Consul’s position
is not affected by the Act, but in any case both provisions
will be sufficiently covered by our retention of jurisdict
ion and powers relating to entry of premises.
3. v/e have therefore drafted a simple Article for
inclusion in the Treaty based on Article 14 of the draft
protocol forwarded with Furlonge’s letter of 24th July
under the terms of which the functions, privileges and
immunities of the consular Officers are governed by reci
procity and international law and practice. This has not
yet been finally cleared with the various Departments here,
but I am sending you a copy now in case you have any
comments to make. We suggest that this should be included
between the present Articles 11 and 12.
4. We have assumed from Pe^Lly 1 s letter/bf 9th September,
paragraph 3(c) of LIuscat telegram l ( o.1b2 to you anu para
graph 4 "of Muscat telegram No. 174 to you that you do not
now"consider it necessary to specify any particular
functions or privileges which are to be exercised or enjoyed
by our Consul in Muscat (with of course reciprocal effect).
Our impression earlier this year ./as that you wished to
m a ke special mention of such matters as visits to ohe
orison, Customs exemption and administration of estates, all
of which were referred to in paragraph 3 of my letter No.
)/ SA 1053/52 of 4th Seotember. If however the present simple
v and general Article Is sufficient for the purpose, we would
much prefer not to have to go into any greater detail.
VP j ^Yours sincerely,
Lieutenant Colonel
Sir Rupert Hay, K.C.I.E. , C. S. I. ,
Bahrain.
(Sgd. ) R. M. Saner.
About this item
- Content
Continuing on from the previous file (IOR/R/15/6/260), this file relates to the termination and proposed replacement of the 1939 Commercial Treaty between Britain and the Sultanate of Muscat and Oman.
Most of the correspondence concerns the drafting of a new treaty between the two parties (eventually concluded in December 1951 and ratified in May 1952). The file contains a series of letters exchanged between the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and Consul at Muscat (Major Frederick Charles Leslie Chauncy) and the Sultan of Muscat and Oman [Sa‘īd bin Taymūr Āl Bū Sa‘īd] regarding the precise wording of the English text of the treaty. The remaining correspondence, which is mostly between the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and the Foreign Office, concerns proposed amendments to drafts of the treaty. Other related matters of discussion include the following: the question of whether the Sultan will agree to allow the British to retain their 'extra-territorial privileges' in Muscat (i.e. jurisdiction over nationals from other British territories); whether the new treaty should cover consuls and consular functions; the duration of the new treaty, with the Foreign Office preferring a minimum of twelve years; the possibility of prolonging the existing treaty until 31 December 1951.
Also included is a draft of the proposed new treaty (ff 93-103). The Arabic language material consists of the aforementioned correspondence between the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and the Sultan (English translations are included).
- Extent and format
- 1 file (119 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 121; 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.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/6/261
- Title
- 'File 8/65 IX RENEWAL of COMMERCIAL TREATY'
- Pages
- front, front-i, 3r:7v, 12r:16v, 18r:27v, 29r:44v, 47r:49v, 52r:52v, 54r:68v, 70r:71v, 73r:76v, 78r:92v, 104r:105v, 110r:111v, 114r:120v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence