مجموعة ٨٣/٥ "مرافق التزود بالوقود الخاصة بسلاح الجو الملكي وفيلق النقل بالجيش الأمريكي في البحرين" [و‎‎١‎٤‎٨] (٤٢٩/٢٩٥)

SECRET
L. 14/238/i/q.D. g 2.
S» 4*(G, S» ) (Sir James Ross) (thro* E»49)
Copy tos- S»9»
Aviation Petrol Tanks - Bahrein
I am somewhat difTident in expressing ary view on your draft
letter to Ihe India Office. In the first place, I feel that it does
not come within ny province as Deputy-Direct or of a Service Directorate
to remark on what is purely a legal natter. In the second place, I am
more than hesitant in commenting on three agreements of which I have not
copies. For what it is worth, however, I am offering a few suggestions.
2. It is not stated in the minute to the Legal .Adviser of the Balia
Ofiice, vtoare the Parties to the Bahrein Civil Air Agreement Uiere is
no suggestion that the Bahrein Petroleum Conpany is a Party rx>r do I see
why they should be. If I am right in my assunption that they are not
Parties, then I do not see how the fact that His l&jesty^ Government have
been granted the sole right to supply fuel and lubricants to users of the
airfield can in any way affect the Bahrein Conpany who were, by the Deed
of L 0 dif ication dated 19th June, 1940, given the exclusive right to
construct and operate refineries and storage tanks in Bahrein. This
right is ati ected by Article 7 of the Political Agreement between H. 14 (4
and the Bahrein Company which barred the Conpary from using areas required
ty H. H G. for defence puiposes for airfields. This Article did not, I
suggest, envisage tanks being erected in these areas by conpetitors of the
company but was directed to preventing the areas becoming encuiibered ard
obstructed by tanks.
3. The position would seem to be that if the Anglo-Irani an Oil
Conpary is enployed by us to erect storage tanks on our airfield then
unless the Bahrein Petroleum Company were Parties to the Bahrein Civil Air
.agreement, biey night well have a right of action against the Sheik who
can be said to have granted H. 14 G. rights which are inconpatible with the
exclusive licence given to the Bahrein Conpary by the Deed of Modification.
I am assuming, as I think we may, that H.11 G. have implied lights under the
Bahrein Civil Air^Agreement to erect tanks to enable them to simply fiel
to users of the airfield. The Bahrein Coiipany might also endeavour by
means of injunction or otherwise to prevent the Anglo-Iranian Oil Coup any
irora proceeding with the work of erecting tanks on our airfield.
4* A3 I have said, I have not seen the Agreements but the above
may be the legal position. If this position is in doubt perhaps it would
be as well not to argue too nuch on it. You will see from What I have
writ,an tnat I do not feel that I can agree with the ccnclusions which
you have drawn in your letter nor am I convinced that tie comnon sense
view you put forward is of necessity the one which would prevail as
surely the terms of the agreement are the prime factors.
(sgd. ) a. a yuille.
WVf
D.D. 0.2.