"الملف 73/7 V (D 38) وضع الكويت، والمعاهدة الأنجلو-تركية" [و‎‎٤‎٦] (٢١٦/١٠٤)

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German Counter-draft.
be necessary for the improvement of its
channel and for its maintenance and for
other like purposes set out therein, and
being of opinion that the provisions of
the Convention are conducive to the
best interests of international commerce
•will, so long as the duties imposed upon
the Commission by the said Convention
are satisfactorily carried out, uphold the
Convention, and will undertake that
German subjects and German shipping
shall comply therewith, and with all re
gulations issued by the Commission,
and shall duly discharge all obligations
properly imposed upon them in pursu
ance of the provisions of the said Con
vention.
It is, nevertheless, understood that this
stipulation in no wise affects the privileges
and immunities granted to the German
Empire hy the Capitulations.
A " Comite de Surveillance " shall he
established composed of those foreign
consuls resident at Basra whose flag is
represented hy steamship lines regularly
trading with that port. The " Comite "
shall correspond directly with the River
Commission, to he established by the
Imperial Ottoman Government, on all
matters affecting the conservancy of the
Shatt-el-Arab and the dues to he levied on
that river ; it is, however, understood that
the functions of the "Comite" shall he
advisory and not executive. The
"Comite " will see that dues shall be
imposed, not for the mere fact of navi
gation, but only for repaying sums actual
ly spent on improvements in the naviga
tion of the Shatt-el-Arah and harbour fa
cilities. They shall in no case exceed
1 fr. per registered ton {the dues to cover
the coming in and going out of the same
vessel ; any dues shall be levied on a
basis of absolute equality without regard
to the nationality of sea-going vessels or
their cargoes.
CW8FD
British Counter-draft.
be necessary for the improvement of its
channel and for its maintenance and for
other like purposes set out therein, and
being of opinion that the provisions of
the Convention are conducive to the best
interests of international commerce, will,
so long as the duties imposed upon the
Commission by the said Convention are
satisfactorily carried out, uphold the Con
vention, and will undertake that German
subjects and German shipping shall
comply therewith, and with all regula
tions issued by the Commission, and
shall duly discharge all obligations pro
perly imposed upon them in pursuance of
the provisions of the said Convention.
The Imperial German Government take
note in this connection of the declaration,
signed on the
and attached to the said Convention, to the
effect that articles 7 and 8 of the above
Convention do not effect the rights enjoyed
in the Ottoman Empire by the nationals of
the Treaty Powers.
His Britannic Majesty's Government on
their part undertake that they will not,
without a preliminary agreement with the
Imperial German Government, consent to
the imposition of dues exceeding 1 franc
per registered ton.
(h) If at any time any of the Govern
ments most interested by reason of the
magnitude of their shipping on the Shatt-
el-Arah are of opinion that the duties
imposed upon the Commission are not
satisfactorily carried out, or that the
reasonable requirements of the commerce
of the river in the matters within the com
petence of the Commission are not
adequtaely met, and if the Commission in
such case has not seen its way to give effect
to important recommendations laid before
it in the interests of shipping, with the
object of removing the above-mentioned
causes of complaint, His Britannic Ma
jesty's Government will use their good
offices with the Imperial Ottoman Govern
ment to ensure the reference to a Board
of Enquiry of the questions whether in any
particular respects the duties of the Com
mission have not been satisfactorily carried
out, and whether there is good ground for
thinking that the Commission, if main
tained, will not be able to provide for the
reasonable requirements of the commerce
of the river.
This Board shall consist of five mem
bers to be drawn from the Powers most
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