TRANS-JORDAN^'/7

Treaty Series No. 32 ( z 9 46)

TREATY OF ALLIANCEBETWEEN HIS MAJESTY

IN RESPECT OF THE UNITED KINGDOM

AND HIS HIGHNESS THE AMIR OF TRANS-JORDAN

[WITH ANNEX AND EXCHANGE OF NQTFS]

LONDON , 22ND MARCH, t 946

(Ratifications exchanged at Amman, June T7, 1946)

Presented by the Secretary of State for Foreign Affairs

to Parliament by Command of His Majesty

LONDON

HIS MAJESTY'S STATIONERY OFFICE

F O U R P E N C E N E T

Cmd. 6916

TREATY OF ALLIANCE BETWEEN HIS MAJESTY IN RESPECT OF THE

UNITED KINGDOM AND HIS HIGHNESS THE AMIR OF TRANS-

JORDAN.

London, 22nd March, 1946,

His Majesty The King of Great Britain , Ireland and the BritishDominions beyond the seas, Emperor of India , and His Highness The Ainirof Trans-Jordan;

Considering that the Government of the United Kingdom of GreatBritain and Northern Ireland ha -^- e formally declared in the GeneralAssembly of the United Nations Organisation that they intend to recognisethe status of Trans-Jordan as a sovereign independent State; and

Desiring to define the relations which will subsist between them infuture as independent Sovereigns on the terms of complete freedom , equalityand independence , and to consolidate and perpetuate the relations offriendship and good understanding which have hitherto subsisted betweenthem,

Have decided to conclude a treaty of friendship and alliance for thispurpose and have appointed as their plenipotentiaries :-

His Majesty The King of Great Britain , Ireland and the BritishDominions beyond the seas, Emperor of India (hereinafter referred to as HisMajesty The King) ;

For the United Kingdom of Great Britain and Northern Ireland;

The Right Honourable Ernest Bevin, AI.P., His Majesty' s PrincipalSecretary of State for Foreign Affairs;

Arthur Creech Jones, M.P., Parliamentary Under - Secretary of Statefor the Colonies;

His Highness The Amir of Trans-Jordan;

His Excellency Ibrahim Pasha Hashim , Order of the Nahda,Murassa ' a. Order of the Istiglal , First Class, C.B . E., PrimeMinister of Trans-Jordan and Minister of Defence;

Who, having communicated their full powers , found in good and dueform, have agreed as follows : -

ARTICLE 1.

His Majesty The King recognises Trans-Jordan as a fully independentState and His Highness The Amir as the sovereign thereof.

There shall be perpetual peace and friendship between His Majesty TheKing and His Highness The Amir of Trans-Jordan.

There shall be established between the High Contracting Parties a closealliance in consecration of their friendship, their cordial understanding andtheir good relations and there shall be full and frank consultation betweenthem in all matters of foreign policy which may affect their commoninterests.

Each of the High (_'ontr;-cctiu Parties undertakes not to adopt in foreignc olultrnes an attitude which is inconsistent with the alliance or might creatf,difficulties for the other party thereto.

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ARTICLE 2.

Each High Contracting Party will be represented at the Court of the

other High Contracting Party by a diplomatic representative duly

accredited.ARTICLE 3.

It is understood between the High Contracting Parties that respon-

sibility for the maintenance of internal order in Trans-Jordan and, subject

to the provisions of Article 5 below, for the defence of Trans-Jordan from

external aggression rests with His Highness The Amir of Trans-Jordan.

ARTICLE 4.

Should a dispute arise with a third State, the continuance of which is

likely to endanger the maintenance of international peace and security,

the High Contracting Parties will, first of all, concert together to seek a

solution by peaceful means as provided in Article 33 of the Charter of the

United Nations.

ARTICLE 5.

Should either High Contracting Party, notwithstanding the provisions

of Article 4 of the present Treaty , become involved in hostilities, as a result

of armed attack by a third party , the other High Contracting Party will,

subject always to the provisions of Article 12 of the present Treaty,

immediately come to his aid as a measure of collective self-defence. In the

event of an imminent menace of hostilities the High Contracting Parties

will immediately concert together the necessary measures of defence.

ARTICLE 6.

In order to facilitate the discharge of the mutual obligations underArticle 5 above , the High Contracting Parties have agreed to the provisionsset forth in the Annex to the present Treaty.

ARTICLE 7.

His Majesty The King will make every endeavour to obtain for HisHighness's Government the services of any experts or officials withtechnical qualifications of whom Trans -Jordan may stand in need.

ARTICLE 8.

1. All obligations and responsibilities devolving on His Majesty TheKing in respect of Trans-Jordan in respect of any international instrumentwhich is not legally terminated should devolve on His Highness The Amirof Trans-Jordan alone, and the High Contracting Parties will immediatelytake such steps as may be necessary to secure the transfer to His HighnessThe Amir of these responsibilities.

2. Any general international treaty, convention or agreement whichhas been made applicable to Trans-Jordan by His Majesty The King (or byhis Government in the United Kingdom) as mandatory shall continue to be.Observed by His Highness The Amir until His Highness The Amir (or hisGovernment) becomes a separate contracting party thereto or the instrumentin question is legally terminated in respect of Trans-Jordan.

ARTICLE 9.

1. The High Contracting Parties will open negotiations for a Com-mercial and Establishment Agreement as soon as practicable.

[32396] C*

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2. Until the conclusion of the Agreement referred to in paragraph 1,or until the expiry of two years from the date of signature of the presentTreaty, whichever is the earlier, each High Contracting Party will maintainin relation to the nationals and commerce of the other the regime applyingat the date of signature of the Treaty ; provided that neither HighContracting Party will extend to the nationals or commerce of the othertreatment less favourable in any respect than that which he accords to thenationals and commerce of the most favoured foreign country.

3. The provisions of the second paragraph of this Article apply to thecolonies, overseas territories and protectorates of His Majesty The Kingand the territories administered by His Majesty's Government in the UnitedKingdom under mandate or trusteeship.

4. The High Contracting Parties agree that the provisions of thesecond paragraph of this Article with regard to the grant of the treatmentof the most favoured foreign country shall not extend to-

(1) Any special customs privileges which at the date of signature ofthis Treaty His Highness The Amir accords to goods producedor manufactured in any territory which in 1914 was whollyincluded in Asiatic Turkey or Arabia provided that such privilegesare not accorded to any other foreign country, or

(2) customs privileges granted by one of the High Contracting Partiesto a third country in virtue of a Customs Union which hasalready been or may hereafter be concluded.

ARTICLE 10.

It is agreed by the High Contracting Parties that commercial conces-sions granted in respect of Trans-Jordan territory prior to the signature ofthis Treaty shall continue to be valid for the periods specified in their texts,

ARTICLE 11.

On the coming into force of the present Treaty the Agreement betweenHis Majesty The King and His Highness The Amir dated the 20th February,1)28, (') and subsequently revised by further Agreements dated the2nd June, 1934, (2) and the 19th July, 1941,(3) shall cease to have effect.

ARTICLE 12.

Nothing in the present Treaty is intended to or shall in any way prejudicethe rights and obligations which devolve, or may devolve, upon either of theHigh Contracting Parties under the Charter of the United Nations or, save

as may result from the provisions of Articles 8 and 11, under any otherinternational agreements, conventions or treaties.

ARTICLE 13.

Should any difference arise relative to the application or the interpreta-

tion of the present Treaty, and should the High Contracting Parties fail to

settle such difference by direct negotiation, the difference shall be referred

to the International Court of Justice unless the parties agree to another

mode of settlement.ARTICLE 14.

The present Treaty shall be ratified and shall come into force upon the

exchange of instruments of ratification, which shall take place as soon as

possible.

(1) " Treaty Series No. 7 (1930)," Cmd. 3488.(2) " Treaty Series No. 34 (1935)," Cmd. 4999.(3) Cmd. 6323.

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The present Treaty shall remain in force for a period of twenty-five years

from the date of its coming into force, and thereafter.it shall remain in forceuntil the expiry of one year after a notice of termination has been given by

one High Contracting Party to the other through the diplomatic channel.

In witness whereof the above-named plenipotentiaries have signed thepresent Treaty and affixed thereto their seals.

Done in duplicate in London, this twenty-second day of March, 1946,in the English and Arabic languages , both texts being equally authentic.

(L.S.) ERNEST BEVIN.

(L.S.) A. CREECH JONES.

(L.S.) IBRAHIM HASHIM.

ANNEX.

ARTICLE 1.

His Majesty The King may station armed forces in Trans -Jordan in placeswhere they are stationed at the date of signature of the present Treaty, andin such other places as may be agreed upon , and His Highness The Amirwill provide all the facilities necessary for their accommodation and main-tenance and the storage of their ammunition and supplies , including the leaseof any land required . Any private rights on such land will, if necessary,be expropriated.

ARTICLE 2.

His Highness The Amir of Trans-Jordan will grant facilities at all timesfor the movement and training of the armed forces of His Majesty The King,and for the transport of the supplies of fuel , ordnance , ammunition and othermaterials required by these forces, by air, road, railway, water-way andpipe-line and through the ports of Trans-Jordan.

ARTICLE 3.

The armed forces of His Majesty The King will have the right to usetheir own systems of signal communication, including wireless.

ARTICLE 4.

His Highness The Amir of Trans -Jordan will safeguard , maintain anddevelop as necessary in consultation with the Government of the UnitedKingdom the ports and lines of communication in and across Trans-Jordan,required for the free movement and maintenance of His Majesty's armedforces , and will call upon His Majesty ' s assistance as may be required forthis purpose.

ARTICLE 5.

His Majesty The King will reimburse to His Highness The Amir allexpenditure to which His Highness ' s Government is put in connection withthe provision of the facilities mentioned in Articles 1, 2 and 4 of this Annexand will repair or pay compensation for any damage arising from actions bymembers of His Majesty ' s armed forces other than damage caused in militaryoperations undertaken in accordance with Article 5 of this Treaty as a resultof an attack on Trans-Jordan.

[32396] c* 2

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ARTICLE 6.

Pending the conclusion of an agreement between the High ContractingParties defining in detail the jurisdictional and fiscal immunities of membersof the forces of His Majesty The King in Trans-Jordan, they will continueto enjoy the immunities which are accorded to them at present.

` ARTICLE 7.

No demand will be made for the payment by His Majesty The King of anyTrans -Jordan taxation in respect of immovable property leased or owned byHis Majesty or in respect of his movable property, including customs dutyon goods imported or exported by or on behalf of His Majesty.

ARTICLE 8.

His Majesty The King will afford financial assistance to His HighnessThe Amir in meeting the cost of the military units of the Amir ' s forces whichare required to ensure the purposes of Article 5 of the Treaty . The strengthof such units will be agreed upon annually by the High Contracting Parties,and His Highness The Amir will enable His Majesty ' s representative inTrans-Jordan to ascertain that the funds in question are expended for thepurpose for which they are issued.

ARTICLE 9.

In view of the desirability of identity in training and methods betweenthe Trans -Jordan and British armies:-

(1) His Majesty The King will provide any British officers whose servicesare required to ensure the efficiency of the military units of theAmir's forces.

(2) His Majesty The King will (a) afford all possible facilities to HisHighness The Amir of Trans-Jordan for the military and aero-nautical instruction of Trans -Jordan officers at schools ofinstruction maintained for His Majesty's forces, and (b ) providearms, ammunition , equipment and aircraft and other war materialfor the forces of His Highness The Amir of Trans-Jordan.

(3) His Highness The Amir will (a) meet the cost of instruction andequipment referred to in paragraph (2), (b) ensure that the arma-ment and essential equipment of his forces shall not differ in type-from those of the forces of His Majesty The King, ( c) send anypersonnel of his forces , that may be sent abroad for training, tomilitary schools , colleges and training centres maintained for HisMajesty ' s forces.

ARTICLE 10.

At the request of either of them the High Contracting Parties will consulttogether at any time to consider whether it is desirable to introduce by agree-ment any amendments to the provisions of this Annex designed to give fullereffect to its purposes.

E. B.

A. C. J.

I. H.

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EXCHANGE OF NOTES.

No. 1.

I brahbn Pasha Hashim to Mr. Ernest Bevin.

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(Translation of No. 1.)

Ibrahim Pasha Hashim to Mr. Ernest Bevin.

Your Excellency, London, 22nd March, 1946.AT the moment of the signature of the Treaty of Alliance, I have the

honour on behalf of His Highness the Amir of Trans-Jordan to declare thatthe Trans-Jordan Government are prepared, for their part, to regard theHadda Agreement, signed on the 2nd November, 1925, (4) as remaining inforce between Trans-Jordan and the Kingdom of Saudi Arabia if theGovernment of Saudi Arabia is also willing to make a similar declaration.

I have, &c.(Signed) IBRAHIM HASHIM.

(') Cmd. 2566.

17

No. 2.

Mr. Ernest Bevin to Ibral Pasha

Foreign Office,Your Excellency, London, 22nd March, 1946.

I HAVE the honour to acknowledge the receipt of Your Excellency's Noteof to-day's date containing a declaration that the Trans-Jordan Governmentare prepared, for their part, to regard the Hadda Agreement, signed on the2nd November, 1925, as remaining in force between Trans-Jordan and theKingdom of Saudi Arabia if the Government of Saudi Arabia are also willingto make a similar declaration.

I have, &c.(Signed) ERNEST BEVIN.

No. 3

Pasha Hashlin to Mr. Ernest Bevb?.

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(Translation of No. 3.)

Ibrahim Pasha Hashim to Mr. Ernest Bevin.

Your Excellency, London, 22nd March, 1946.AT the moment of signature of the Treaty of Alliance, I have the honour

to place on record the desire of the Trans-Jordan Government that thePalestine Railways should continue to operate on their behalf the Trans-Jordan section of the Hejaz Railway, and that negotiations with the objectof deciding upon agreed financial and administrative arrangements to thisend shall be opened as soon as possible between the Governments ofTrans-Jordan and Palestine.

I have, &c.(Signed) IBRAHIM HASHIM.

No. 4.

Mr. Ernest Bevin to Ibrahim Pasha Hashim.

Foreign Office,Your Excellency, London, 22nd March, 1946.

I HAVE the honour to acknowledge the receipt of Your Excellency's Noteof to-day's date on the subject of the Hejaz Railway and to inform you thatHis Majesty's Government in the United Kingdom agree that the PalestineRailways shall continue to operate, on behalf of the Trans-Jordan Government,the Trans-Jordan section of the Hejaz Railway and that negotiations with theobject of deciding upon agreed financial and administrative arrangements tothis end shall be opened as soon as,possible between the Governments ofTrans-Jordan and Palestine.

I' have, &c.(Signed) ERNEST BEVIN.

19

No. 5.

Ibrah-ini Paslia Hashini In Hr. Br'ccin.

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(Translation of No. 5.)

Ibralzii n Paslia Haslm)i Io Mr. EiWrest Bccin.

Your Excellency, London, 23uzd llfarch, 1946.ON the occasion of the signature of the Treaty of Alliance, I have the

honour to inform you that the Trans-Jordan Government agree that theexisting arrangements for the use of Palestinian currency in Trans-Jordanshall continue until modified after consultation between the Governments ofTrans-Jordan and of the United Kingdom. No modification in these arrange-uients will be made until twelve months have expired after the date on whichtither Government has notified the other of its desire to engage in consultationon the matter.

I havt', & c .(Signed) IB1 AHI:1I HA S'HIiI.

20

No. 6.

Mr. Ernest Ber_'in to Ibrahim Pasha Hashim.

Foreign Office,

Your Excellency, London, 22nd March, 1946.I HAVE the honour to acknowledge the receipt of Your Excellency's Note

of to-day's date regarding the continued use of Palestinian currency inTrans-Jordan and to state that the arrangements therein recorded are fullyacceptable to His Majesty's Government.

I have, &c.(Signed) ERNEST BE`'IN.

No. 7.

Ibrahim Pasha Hashi rn to Mr. Ernest Bevin.

: 1.,-J1 `.rLoL

; l.J L ^.ol u er -;J l : Ja.^U t

.L°La. ut Lo Ii u ,,jy{ it

Ltz1..,.. j 1 X11... y l

j la, L I.V.:J I a j, a..J U :.,J t i & ' --+-Liu

j -L:-- t, 0_-^ 1 u 1 vf...J 1 j

it 12, 1 rs.;,J" r j ts.

(Translation of No. i .)

Ibrahim Pasha Hashim to Mr. Ernest Bergin.

Your Excellency-, London, 22nd .llarcli, 1946.

AT the moment of the signature of the Treaty of Alliance, I have the

honour on behalf of His Highness the Amir of Trans-Jordan to declare that

the Trans -Jordan ( tovernin(_ent a(',,i•ee that the fisheries installation maintained

by the Palestine (rovernnlent in Trans-Jordan territory at Aqaba shall

21

continue to operate under existing conditions , pending modification of those

conditions by agreement as a result of negotiations between the Governments

of Trans -Jordan and Palestine which will be opened as soon as possible.I have, &c.

( Signed ) IBRAHIM 11ASili M.

No. 8.

Mr. Ern.cst Begin- to Ibrahim Pasha Hashim.

Foreign Office,Your Excellency, London, 22nd March, 1946.

I HAVE the honour to acknowledge the receipt of Your Excellency's Noteof to-day's date regarding the fisheries installation maintained by the PalestineGovernment at Aqaba and to state that the arrangement therein recorded isfully acceptable to His Majesty's Government.

I have, &c.(Signed) ERNEST BEVIN.

LONDON

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1946

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