Treaty Series No. 835
Convention and Protocol Between the United States of America, Great Britain, and Iraq, Signed at London, January 9, 193025
- (i.)
- Whereas in virtue of the Treaty of Peace concluded with the Allied Powers and signed at Lausanne on the 24th day of July, 1923,26 and in virtue of the Treaty concluded with His Britannic Majesty and His Majesty the King of Iraq, signed at Angora on the 5th day of June, 1926,27 Turkey has renounced all rights and titles over the territory of Iraq; and
- (ii.)
- Whereas by their decision of the 27th day of September, 1924, which is set forth in the first schedule hereto,28 the Council of the League of Nations agreed that, in so far as concerns Iraq, effect had been given to the provisions of article 22 of the Covenant of the League of Nations in the Treaty of Versailles29 by the communication received by them from His Britannic Majesty’s Government on that date; and
- (iii.)
- Whereas the Treaty of Alliance30 referred to in the aforesaid decision of the Council of the League of Nations, and set forth [Page 303] in the second schedule hereto,31 entered into force on the 19th day of December, 1924; and
- (iv.)
- Whereas, with the object of extending the duration of the aforesaid Treaty of Alliance, a new Treaty between His Britannic Majesty and His Majesty the King of Iraq was signed at Baghdad on the 13th day of January, 1926,32 as set forth in the third schedule hereto,33 and hereinafter referred to as the Treaty of 1926; and
- (v.)
- Whereas on the 2nd day of March, 1926, a letter in the terms set forth in the fourth schedule hereto34 was addressed by His Britannic Majesty’s Government to the League of Nations; and
- (vi.)
- Whereas on the 11th day of March, 1926, the Council of the League of Nations recorded a resolution taking note of the Treaty of 1926; and
- (vii.)
- Whereas the Treaty of 1926 entered into force on the 30th day of March, 1926; and
- (viii.)
- Whereas the United States of America, by participating in the war against Germany, contributed to her defeat and the defeat of her Allies, and to the renunciation of the rights and titles of her Allies in the territory transferred by them, but has not ratified the Covenant of the League of Nations embodied in the Treaty of Versailles; and
- (ix.)
- Whereas the United States of America recognises Iraq as an independent State; and
- (x.)
- Whereas the President of the United States and His Britannic Majesty and His Majesty the King of Iraq desire to reach a definite understanding with respect to the rights of the United States and of its nationals in Iraq;
- (xi.)
- The President of the United States of America of the one part and
His Britannic Majesty and His Majesty the King of Iraq of the other
part have decided to conclude a Convention to this effect, and have
named as their plenipotentiaries:—
- The President of the United States of America;
- His Excellency General Charles G. Dawes, Ambassador Extraordinary and Plenipotentiary of the United States at London;
- His Majesty the King of Great Britain, Ireland and the
British Dominions beyond the Seas, Emperor of India;
for Great Britain and Northern Ireland;- The Right Honourable Arthur Henderson, M.P., His Majesty’s Principal Secretary of State for Foreign Affairs;
- His Majesty the King of Iraq;
- Jaʻfar Pasha El Askeri, C.M.G., His Majesty’s Envoy Extraordinary and Minister Plenipotentiary at London;
- The President of the United States of America;
who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows:—
Article 1
Subject to the provisions of the present Convention, the United States consents to the régime established in virtue of the decisions of the Council of the League of Nations of the 27th day of September, 1924, and of the 11th day of March, 1926, the Treaty of Alliance (as defined in the said decision of the 27th day of September, 1924), and the Treaty of 1926, and recognises the special relations existing between His Britannic Majesty and His Majesty the King of Iraq as defined in those instruments.
Article 2
The United States and its nationals shall have and enjoy all the rights and benefits secured under the terms of the aforesaid decisions and treaties to members of the League of Nations and their nationals, notwithstanding the fact that the United States is not a member of the League of Nations.
Article 3
Vested American property rights in Iraq shall be respected and in no way impaired.
Article 4
Subject to the provisions of any local laws for the maintenance of public order and public morals, and to any general educational requirements prescribed by law in Iraq, the nationals of the United States will be permitted freely to establish and maintain educational, philanthropic and religious institutions in Iraq, to receive voluntary applicants and to teach in the English language.
Article 5
Negotiations shall be entered into as soon as possible for the purpose of concluding an Extradition Treaty between the United States and Iraq in accordance with the usages prevailing among friendly States.
Article 6
No modification of the special relations existing between His Britannic Majesty and His Majesty the King of Iraq, as defined in article 1 (other than the termination of such special relations as contemplated in article 7 of the present Convention) shall make any change in the rights of the United States as defined in this Convention, [Page 305] unless such change has been assented to by the Government of the United States.
Article 7
The present Convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in London as soon as practicable. The present Convention shall take effect on the date of the exchange of ratifications, and shall cease to have effect on the termination of the special relations existing between His Britannic Majesty and His Majesty the King of Iraq in accordance with the Treaty of Alliance and the Treaty of 1926.
On the termination of the said special relations, negotiations shall be entered into between the United States and Iraq for the conclusion of a treaty in regard to their future relations and the rights of the nationals of each country in the territories of the other. Pending the conclusion of such an agreement, the nationals, vessels, goods and aircraft of the United States and all goods in transit across Iraq, originating in or destined for the United States, shall receive in Iraq the most-favoured-nation treatment; provided that the benefit of this provision cannot be claimed in respect of any matter in regard to which the nationals, vessels, goods and aircraft of Iraq, and all goods in transit across the United States, originating in or destined for Iraq, do not receive in the United States the most-favoured-nation treatment, it being understood that Iraq shall not be entitled to claim the treatment which is accorded by the United States to the commerce of Cuba under the provisions of the Commercial Convention concluded by the United States and Cuba on the 11th day of December, 1902,35 or any other commercial convention which may hereafter be concluded by the United States with Cuba or to the commerce of the United States with any of its dependencies and the Panama Canal Zone under existing or future laws, and that the United States shall not be entitled to claim any special treatment which may be accorded by Iraq to the nationals or commerce of neighbouring States exclusively.
In witness whereof, the undersigned have signed the present Convention, and have thereunto affixed their seals.
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PROTOCOL
On the signature this day of the Convention between His Britannic Majesty and His Majesty the King of Iraq, respectively, of the one part, and the President of the United States of America of the other part, the undersigned Plenipotentiaries, duly authorised thereto, have agreed as follows:—
- (1.)
- It is understood by the High Contracting Parties that the term “exercise of industries” as employed in article XI of the Anglo-Iraq Treaty of Alliance signed the 10th October, 1922, covers the granting and operation of concessions.
- (2.)
- With reference to article 4 of the Convention signed this day, it is understood by the High Contracting Parties that the Iraq Government will not interfere in matters concerning the curriculum, such as the time-table, discipline and purely internal administration in schools established or maintained by nationals of the United States of America in Iraq.
- (3.)
- It is understood that upon the entry into force of the Convention signed this day and during the period of the special relations existing between His Britannic Majesty and His Majesty the King of Iraq, defined in article I of the said Convention, there will be a suspension of the capitulatory régime in Iraq so far as the rights of the United States and its nationals are concerned, and that such rights will be exercised in conformity with the decision of the Council of the League of Nations dated the 27th September, 1924.
- (4.)
- It is understood that article 3 of the Convention signed this day does not prohibit the Iraq Government from expropriating American property for public purposes under normal expropriation laws of general application, and subject to the previous provision for just and reasonable compensation.
The present Protocol shall be deemed an integral part of the Convention signed this day and shall be ratified at the same time as that Convention.
In witness whereof, the respective Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.
Done in triplicate in English and Arabic, of which, in case of divergence, the English text shall prevail, at London, this 9th day of January, 1930.
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- In English and Arabic; Arabic text not printed. Ratification advised by the Senate, April 22 (legislative day of April 21), 1930; ratified by the President, April 28, 1930; ratifications exchanged at London, February 24, 1931; proclaimed by the President, March 11, 1931.↩
- League of Nations Treaty Series, vol. xxviii, p. 11.↩
- Ibid., vol. lxiv, p. 379.↩
- Printed in Department of State Treaty Series No. 835; 47 Stat. 1820.↩
- Treaties, Conventions, etc., 1910–1923, vol. iii, pp. 3329, 3342.↩
- Signed at Baghdad, October 10, 1922; League of Nations Treaty Series, vol. xxxv, p. 13.↩
- Printed in Department of State Treaty Series No. 835, p. 7; 47 Stat. 1822.↩
- League of Nations Treaty Series, vol. xlvii, p. 419.↩
- Printed in Department of State Treaty Series No. 835, p. 43; 47 Stat. 1855↩
- Printed in Department of State Treaty Series No. 835, p. 45; 47 Stat. 1857↩
- Foreign Relations, 1903, p. 375.↩