IRAQ CONVENTION BETWEEN THE UNITED STATES, GREAT BRITAIN, AND IRAQ REGARDING THE RIGHTS OF THE UNITED STATES AND OF ITS NATIONALS IN IRAQ, SIGNED JANUARY 9, 19301 890g.01/206 The Ambassador in Great Britain (Houghton) to the Secretary of State No. 3388 LONDON, February 20, 1929. [Received March 8.] SIR: I have the honor to refer to the Embassy's despatch No. 3245, December 12, 1928,2 relating to the proposed convention between the United States, Great Britain and Iraq, and to enclose a copy, in triplicate, of the Foreign Office reply to the Embassy's note transmitted with the despatch first above mentioned. I have [etc.] 3 For the Ambassador: RAY ATHERTON Counselor of Embassy [Enclosure] The Head of the Eastern Department, British Foreign Office (Monteagle), to the Counselor of the American Embassy (Atherton) No. E 751/245/93 [LONDON,] 18 February, 1929. MY DEAR ATHERTON: We had hoped to be able to answer before now Mr. Houghton's note No. 2133 of December 12th last, regarding the proposed Convention between the United States, the United Kingdom and Iraq, and to make arrangements for the signature of the Convention and of the assurances set forth in the memorandum enclosed in that note. Unfortunately since that date the Iraqi Cabinet has resigned, in consequence of certain difficulties which arose over the negotiation of the new Military and Financial Agreements referred to in Articles 12 and 13 of the new and as yet unratified. Anglo-Iraqi treaty of December 14th, 1927-a copy of which was sent to you two days later; and as a new Cabinet has not yet been For previous correspondence, see Foreign Relations, 1928, vol. 1, pp. 952 ff. 2 Not printed. Note No. 2133, December 12, 1928. based on instruction No. 1616, November 30, 1928, from the Secretary of State, Foreign Relations, 1928, vol. II, p. 955. Great Britain, Cmd. 2998, Iraq, Treaty between the United Kingdom and Iraq. formed, and the Ministers who resigned are at present only carrying on current business, it has proved impossible to obtain their agreement to the final settling up of this matter. We understand that they do not consider that in their present position they possess authority to conclude treaties with foreign Powers. Their present unwillingness to proceed to signature arises therefore out of constitutional scruples and, as they have explained, is not to be ascribed to any wish to withdraw from their previous acceptance of individual clauses of the Convention or of the assurances which will accompany it. We hope that there may be no further delay in getting the Convention signed when a new Cabinet is formed at Bagdad. 6 Meanwhile, the Secretary of State wishes me to let you know confidentially, before any public announcement is made on the subject, that His Majesty's Government have recently had under consideration the various anomalies and difficulties created by the existing AngloIraqi Judicial Agreement of March 25th, 1924, and have come to the conclusion that it is desirable to take preliminary steps with a view to the eventual abolition of that Agreement, and the institution in its place of an uniform system of justice for all in Iraq. Sir Austen " is going to bring this matter before the Council of the League of Nations at their next meeting early in March; and I enclose herein for your information a copy of a memorandum which is about to be circulated to the members of the Council,' setting forth the motives and intentions of His Majesty's Government in making this proposal. You will see from the last paragraph of the memorandum that all we are doing at present is to invite the Council to approve in principle the proposal to abrogate the Agreement, and to authorise the preparation of detailed proposals for submission to the Council at a later session. This process is bound to take a considerable time, and meanwhile the existing Judicial Agreement will continue to have full force and effect. It is, moreover, clearly understood here that in view of the terms of Article 6 of the proposed Convention with the United States, no modification (such as the abolition of the Judicial Agreement) in the existing "special relations" between Great Britain and Iraq can make any change in the rights of the United States under the Convention, before the assent of the United States Government has been obtained. The position of the United States as regards any eventual change of this kind in the "special relations" is, in fact, exactly similar to that as regards the other contemplated changes in those relations (i. e. the treaty of December 14th, 1927) of which we informed you at that time-namely that in the event of any such change being made, the rights of the United States and its citizens 5 League of Nations Treaty Series, vol. xxxv, p. 131. Sir Austen Chamberlain, British Secretary of State for Foreign Affairs. 7 See League of Nations, Official Journal, 10th year, No. 4 (April 1929), p. 777. in Iraq would be fully protected by Article 6 of the draft Convention. In these circumstances, and having regard to the considerable time which must elapse before anything in the nature of abolishing the Judicial Agreement can be negotiated and brought into force, your Government will no doubt agree that we should proceed to sign the Convention in its present form as soon as the consent of the new Iraqi Cabinet has been obtained. As regards the treaty of 1927, the present position is that until the new Military and Financial Agreements have been concluded, it is impossible to take any steps to obtain the approval of the treaty by the Iraqi Parliament and the League Council, which must be secured before it can be brought into force. We will of course see to it that your Government are informed as soon as steps to this end are contemplated. Yours sincerely MONTEAGLE 890g.01/209 The Consul at Baghdad (Randolph) to the Secretary of State No. 848 BAGHDAD, February 28, 1929. [Received March 28.] SIR: I have the honor to refer to the American-British-Iraq treaty, which has been under negotiation for several years, and to report that on February 18, 1929, I received a visit from Saiyid Hussain Afnan, Master of Ceremonies of the Iraq Ministry of Foreign Affairs, who informed me that he came under instructions from his chief, Sir Abdul Muhsin Beg Al Sa'dun, Prime Minister and Minister of Foreign Affairs, to tell me that the final draft of the Treaty has reached Baghdad and is acceptable to the Iraq Government. The Master of Ceremonies went on to say that the High Commissioner had urged the Iraq Government to authorize that the Treaty be signed at once but that the Cabinet hesitated to undertake such action, in view of the fact that the present ministers are merely "acting," in other words, holding office provisionally (after resigning). I was informed, further, that the Prime Minister would be pleased if I would inform my Government that the present draft of the Treaty is quite acceptable and explain the reasons for the Iraq Government's delay in signing. In this connection I have the honor to report that the Iraq Government submitted its resignation to the King on January 21, 1929 when the Iraq and British Governments failed to agree on the provisions of the new Military and Financial Agreements and that, at the request of His Majesty the King, the Cabinet consented to carry on provision ally until the arrival of the new High Commissioner Sir Gilbert Clayton, who is expected within a few days. I have [etc.] JOHN RANDOLPH 790g.00/1 The Consul at Baghdad (Randolph) to the Secretary of State No. 875 SIR: [Extract] BAGHDAD, May 6, 1929. [Received May 28.] The treaty between the United States, Great Britain and Iraq, which has been under negotiation during the last three years, was about to be signed by the Iraq Government just before the resignation of the late Cabinet of Sir Abdul Muhsin Beg al Sa'dun, its provisions being agreeable at that time to the Iraq Government. From statements made to me by the new Prime Minister, during a recent informal conversation, I understand that the provisions in the draft regarding the Capitulations are probably no longer agreeable to the Iraq Government. I have [etc.] JOHN RANDOLPH 890g.01/206: Telegram The Secretary of State to the Ambassador in Great Britain (Dawes) WASHINGTON, June 21, 1929-4 p. m. 151. Your mail despatch No. 3388, February 20, 1929. Please telegraph briefly present status of tripartite treaty negotiations. STIMSON 890g.01/216: Telegram The Ambassador in Great Britain (Dawes) to the Secretary of State LONDON, June 22, 1929-1 p. m. [Received June 22-9:05 a. m.] 165. Your 151, June 21, 4 p. m. Foreign Office states that inquiry was sent to Baghdad in this matter some weeks ago but that no reply has been received. No difficulties are anticipated and efforts will be made to expedite action. DAWES 890g.01/218 The Ambassador in Great Britain (Dawes) to the Secretary of State No. 101 LONDON, July 26, 1929. [Received August 5.] SIR: I have the honor to refer to my telegram No. 205, July 25, 1929, 3 p. m., and to forward herewith the draft Convention between the United States, the United Kingdom and Iraq, with Annexes. The explanatory Foreign Office note states that as soon as a reply is received as to various points set forth they will proceed to prepare the documents for signature. I have [etc.] [Enclosure] (For the Ambassador) RAY ATHERTON Counselor of Embassy The Head of the Eastern Department, British Foreign Office (Monteagle), to the Counselor of the American Embassy (Atherton) No. E 3723/171/93 [LONDON,] 25 July, 1929. MY DEAR ATHERTON: In my letter to you of February 18 under our No. E 751/245/93, I explained to you that the final stages of negotiating the proposed Convention between the United States, the United Kingdom and Iraq had to be held up until a new Government in Iraq should announce that they were ready to proceed to signature. When Belin 10 rang me up some weeks ago to ask whether there were any developments, I told him that a new Government had only recently been formed at Bagdad and that we were still waiting for news. We have now heard officially from the Colonial Office that Jafar Pasha, the Iraqi Minister in London, has been authorised by his Government to sign on their behalf and in terms upon which we are already agreed, both the Convention and the Protocol containing the Assurances-(you will remember that a Protocol was suggested in the memorandum which accompanied Mr. Houghton's note No. 2133 of December 12th). Jafar Pasha has, however, received a further instruction from his Government with reference to the Assurance about American schools: this Assurance figures as Article 2 of the Protocol which I am sending you in draft form herewith marked Annex A.8 He has been instructed to point out to the United States plenipotentiary prior to signature of the Convention, and to obtain an acknowledgment from him, that 8 Not printed. • Not printed; for texts as signed January 9, 1930, see pp. 302-308. 10 F. Lammot Belin, First Secretary of the American Embassy in Great Britain. 528037-45- -25 |