"ملف ٥/٢ XIII حدائق تمور الشيخ" [و‎‎٨] (٦٧٦/١٥)

No. 127.
(37T7W41).
1
British Sob assy,
Bagdad.
10th April, 1941.
Sir,
I have the honour to transmit to you herewith a
translation of the first Article of Law No.26 of 1941 amending
the Land Settlement law No.29 of 193^ which was passed during
the cloaing days of the recently concluded session of the Iraji
Parliament.
2. The fact that such c law had fceen submitted to
Parliaoient came to the notice of my predecessor about the middle
of Larch an on tasking enquiries he found that, as then drafted,
the first article, by providing for the insertion of the word
-Iraq" trefore the word perron** In rnr»t~rgph (c) (ill) of
article 10 of the Land Settlement Law No.29 of 1936, would
deprive any non-Iraqi of the riidit to obtain title xo land under
pX'ragwffivW )'' oP^tnalTWiroii e ariS C4at inconsequence It would
seriously prejudice the interests of the Shaikh of Koweit in
his properties in Iraq, his title to which is now about to be
determined under the J.and Settlement Law.
3. Sir Basil ewton thereupon sent a member of the Lmbaeey
etaif to make representations to the Iraqi Ministry of Foreign
Affairs and I enclose a copy of a note verbale which was then
handed to the head of the department concerned.
4. As the result of this action th Minister for Foreign
Affairs took steps to have added to the Amending Law, during
its passage through the Senate, a clause providing th«t the
amendment to Article 10 of aw No.29 of 1936 should not cover
"foreigners to whom the Government has already given a pledge that
they may obtain Tspu rights within the liwa of Basrs"*
3. Taufiq Suwaidi as Minister for Foreign Affaire discussed
this clause with the Counsellor to the Embassy on March 29th and
assured him that the position in regard to the properties of the
Shaikhs of Mohammerah and Koweit in Iraq as established by his
letter to the Ambassador of October 30th 1936 on this subject
(see Sir Basil Newton’s despatch No.^3 dated 3rd November 1936)
would not be in any way aTected by the new amend rent. Taufiq
ISttwaidiadded that any written assurance to that effect was
knnecessary.
6 . In view of the acute political crisis which was
developing it was not possible to carry the matter* any further at
that time but I should be glad to <now whether you wish any
further action to be taken in this connection when more normal
conditions have been restored.
7. The other provisions of the Amending Law concerning
details of procedure are now being examined by my staff but they do
not appear to give rise to any points of interest or importance to
His Majesty’s Government.
8 . X am sending a copy of this despatch and its enclosures
to the Honourable the Political Resident in the Persian Gulf end
to the Political Agent at Koweit.
I have the honour to be with the highest respect,
Sir,
Your most obedient, humble Servant,
The Right Honourable ( SIGNED) KINAHAN CORNTALLIS.
Anthony Eden, M. C. , M.: . ,
e tc., e tc., e tc.