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TREATY BETWEEN THE BRITISH AND AFGHAN GOVERNMENTS


TREATY SERIES No. 19 ( 1922).

TREATY BETWEEN THE BRITISH AND AFGHAN GOVERNMENTS.


Signed at Kabul, November 22, 1921.
[Ratifications exchanged at Kabul, February 6, 1922.]
1#039;resente4l to 1#039;arlimment by Command of His Majesty.
LONDON:
PRINTED PUBLISHED BY HIS MAJESTY#039;S STATIONERY OFFICE
ro be purchased through any Bookseller or directly from FIAT. STATIONERY OFFICE
at the following addresses : Imperial House. Kingsway. London, W.C.
and
28 Abingdon Street, London, S.W.I ; 37 Peter Street, Manchester:
I St. Andrew#039;s Crescent. Cardiff; or
23 Forth Street, Edinburgh.
1922
Price 3d. net.
Cmd. #039;1786.Treaty between the British and Afghan Governments.
Signed at Kabul, November 22, 1921.
(lhetificatious exchanged at Kabut, February 6. 1922.)
PREAMBLE.
Tim British Government and the Government of Afghanistan
mith a view to the establishment of neighbourly relations between
them have agreed to the Articles written hereunder whereto the
undersi g ned duly authorised to that effect have set their seals
ARTICLE
I.
The British Government and the Government of Afghanistan
mutually certify and respect each with regard to the other all rights
cf internal and external independence.
AR44eun
2.
The two High Contracting Parties mutually accept the Tndo-
Afghan Frontier as accepted by the Afghan. Government ender
Article 5. of the treaty concluded at (Rawalpindi on the 8th August,
1919, corresponding to the 11th Zigada. 1337k Hijra, and also the
boundary west of the Khyber laid down by the British Commission
in the months of August and September 1919, pursuant to the said
Article, and shown on the map* attached to this treaty by it black
chain line; subject only to the realignment set forth in Schedule 7
annexed, which has been agreed upon in order to include within
the boundaries of Afghanistan the place known as Tor Kham, and
the whole bed of the Kabul River between Shilman Khwala Banda
and Palosai and which is shown on the said map by a red chain
line. The British Government agrees that the Afghan authorities
shall be permitted to draw water in reasonable quantities through
it pipe which shall be provided by the British Government from
Landi Khana for the use of Afghan subjects at Tor Kham, and
the Government of Afghanistan agrees that British officers and
tribesmen living on the British, side of the boundary shall he
permitted without let or hindrance to use the aforesaid portion of
the Kabul River for purposes of navigation and that all existing
lights of irrigation from the aforesaid portion of the river shall
be. continued to British subjects.
* Not reproduced.3
42Sr
Alrrtet,x 3.
The British Government agrees that a Minister from His
Majesty the Amir of Afghanistan shall be received at the Royal
Court of London like the Envoys of all other Powers. and to permit
the establishment of an Afghan Legation in Loudon, and the
Government of Afghanistan likewise agrees to receive in Kabul :t
Minister from His Britannic Alajestil the Emperor of India anti
to permit the establishment of a British Legation at Eahul.
Each party shall have the right of appointing it Military Attache
to its Legation.
Atrricia. J.
The Government of Afghanistan agrees to the establislmneut of
British Consulates at Kandahar and Jaialahad. and the Hritislt
Government. agrees to the establishment of an Afghan Consul-
General at the headquarters of the Government of India and three
Afghan Consulates at Calcutta, Karachi and Bombay. In the event
of the Afgh:un Government desiring it an1. timo to appoint Consular
ctbeers in
British territories other than India a separate agrec-
nueut shall all be drawn up to provide for such appointments if they
are approved by the British Government.
Atrru;t.E C,.
a
,1.
The two High Contracting Parties umteally guarantee the
ITmsonal safety and honourable treatment each of the representa-
tives of the other, whether Minister, Consul-General or Consuls.
within their own boundaries, and they agree that the said repre-
sentatives shall be subject in the discharge of their ditties to the
provisions set forth in the second schedule annexed to this treaty.
The British Government further agrees that the Minister, Consul-
General and Consuls of Afghnistan shall, within the territorial
limits within which they are permitted to reside or to exercise their
functions, notwithstanding the provisions of the said schedule.
receive and enjoy any rights or privileges which are or may
hereafter be graetod to or enjo,ved by the Minister. Consul-Ceneral
or Consuls of any ether Government in the countries in which the
places of residence of the said Minister, Consul=General and
Consuls of Afghanistan are fixed; and the Government of
Afghanistan likewise agrees that the Minister and Consuls of Great
Britain shall within the territorial limits within which they are
permitted to reside or to exercise their functions, notwithstanding
the provisions of the said schedule, receive and enjoy any rights or
privileges which are or may hereafter he granted to or enjoyed by
the Minister or Consuls of any other Government in the countries in
which the places of residence of the said Minister and Consuls of
Great Britain are fixed.
AErmnn 6.
As it is for the benefit of the British Government and the
Government of Afghanistan that the Government of Afghanistan
shall be strong and prosperous, the British Government agrees
1145 Wt.- 1500 12/22 F.O. P. [9036)4
that whatever quantity of material is required for the#039;strength -and
welfare of Afghanistan, such as all hinds of factory machinery,
engines and materials and instruments for telegraph, telephones,
c., which Afghanistan may be able to buy from Britain or the
British dominions or front other countries of the world, shall
ordinarily be imported without let or hindrance by vfghanistan into
its own territories from the ports of the British Isles and British
India. Similarly the Government of Afghanistan agrees that every
kind of goods, the export of which is not against the internal law
of the Government of Afghanistan and which may in the judgment
of the Government of Afghanistan be in excess of the internal
needs and requirements of Afghanistan and is required by the
British Government, can lie purchased and exported to India with
the permission of the Government of Afghanistan. With regard to
arms and munitions, the British Government agrees that as long
as it is assured that the intentions of the Government of Afghanistan
are friendly and that there is no iunuediate danger to India from
such importation in Afghanistan, permission shall be given without
If, however, time Arms
let or hindrance for such importation.
Traffic Convention is hereafter ratified by the Great Powers of the
world and conies into force, the right of importation of arms and
Munitions by the Afghan Government shall be subject to the
proviso that the Afghan Government shall first have signed the
Arms Traffic Convention, and that such importation shall only
be made in accordance with the provisions of that Convention.
Should the Arms Traffic Convention not be ratified or lapse, the
Government of Afghanistan, subject to the foregoing assurance,
can from tame to tinie import into its.own territory the arms and
munitions mentioned above through the ports of the British isles
and British India.
ARTIcus 7.
No Customs ditties shall be levied at British#039; Indian ports on
goods imported under the provisions of Article 6 on behalf of the
Afghanistan,
for
immediate
transport ;o
Government
of
Afghanistan, provided that a certificate signed by such Afghan
authority or representative as may from time to time be deteruoined
by the two Governments shall be presented at the tine of importa-
tion to the Chief Customs Officer at the port of import setting forth
that the goods in question are the property of the Government o?
Afghanistan and arc being sent under its orders to Afghanistan,
and showing the description, nmnher and value of the goods in
respect of which exemption is claimed ; provided, secondly, that
the goods are required for the public Services of Afghanistan and
riot for the purposes of any State monopoly or State trade; and
provided, thirdly, that the goods are, unless of it clearly dis-
tuguishable nature, transported through India in sealed packages,
uchich shall not be opened or subdivided before their export from
India.
And also the British Government agrees to the grant in respect
of all trade goods imported into India at British ports for re-export.5
to Afghanistan and exported to Afghanistan by routes to be agreed
upon between the two Governments of a rebate at the time and
place of export of the full amount of Customs duty levied upon such
goods, provided that such goods shall be transported through India
in sealed packages which shall not he opened or subdivided beforr
their export from India.
And also the British Government declares that it has no present
intention of levying Customs duty on goods or livestock of Afghan
origin or manufacture, imported by laud or by river into India or
exported from Afghanistan to other countries of the world through
India and the import of which into India is not prohibited by law.
In the event, however, of the British Government deciding in the
future to levy Customs duties on goods and livestock imported into
Lydia by land or by river from neighbouring States, it will, if
necessary, levy such duties on imports from Afghanistan; but in
that event it agrees that it will not levy higher duties on imports
from Afghanistan than those levied on imports from such neigh-
houring States. Nothing in this Article shall prevent the levy on
imports from Afghanistan of the present Khyber tolls and of octroi
in any town of India in which octroi is or may be hereafter levied.
provided that there shall be no enhancement over the present rate
of the Khyber tolls.
ARTICLE S.
The British Government agrees to the establishment of trade
agents by the Afghan Government at Peshawar, Quetta and
Parachinar, provided that the personnel and the property of the
said agencies shall be subject to the operations of all British laws
and orders and to the jurisdiction of British Courts; and that they
shall not be recognised by the British authorities as having any
official or special privileged position.
ARTICLE
9.
The trade goods corning to (imported to) Afghanistan under the
provisions of Article 7 from Europe, c., can be opened at the
railway terminuses at Jamrud, in the Kurram and at Chaman for
packing and arranging to suit the capacity of baggage animals
without this being the cause of reimposition of Customs duties; and
the carrying out of this will be arranged by the trade representatives
mentioned in Article 12.
ARTICLE 10.
The two High Contracting Parties agree to afford facilities of
every description for the exchange of postal matter between their
two countries, provided that neither shall be authorised to establish
Post Offices within the territory of the other. In order to give effect
to this Article, a separate Postal Convention shall be concluded.
for the preparation of which such number of special officers as the
Afghan Government may appoint shall meet the officers of the
British Government and consult with them.
[9OS6]
B 26
ARTICLE 11.
The two High Contracting Parties having mutually satisfied
themselves each regarding the goodwill of the other , and especially
regarding their benevolent intentions towards the tribes residing
Close to their respective boundaries , hereby undertake each to
inform the other in future of any military operations of major
importance which may appear necessary for the maintenance of
order among the frontier tribes residing within their respective
spheres, before the commencement of such operations.
ARTICLE 12.
The two High Contracting Parties agree that representatives of
the Government of Afghanistan and of the British Government
shall be appointed to discuss the conclusion of a. Trade Convention
and the convention shall in the first place be regarding the measures
(necessary) for carrying out the purposes mentioned in Article 9 of
this treaty, Secondly. (They) shall arrange regarding commercial
matters not now mentioned in this treaty which may appear
desirable for the benefit of the two Governments.
The trade
relations between the two Governments shall continue until the
Trade Convention mentioned above comes into force.
ARTICLE 13.
The two High Contracting Parties agree that the first and second
schedules attached to this treaty shall have the same binding force
as the Articles contained in this treaty.
ARTICLE
14.
The provisions of this treaty shall come into force from the date
of its signature, and shall remain in force for three years from that
date. In case neither of the High Contracting Parties should have
notified twelve months before the expiration of the said three years
the intention to terminate it, it shall remain binding until the
expiration of one year from the day on which either of the High
Contracting Parties shall have denounced it. This treaty shall come
into force after the signatures of the Missions of the two Parties and
the two ratified copies of this shall be exchanged in Kabul within
2,1 months after the signatures.
(Sd.) MAIUMDD TAR%I,
Chief of the Delegation of the
Afghan Goverment for
the conclusion of the
Treaty. (Sd.) HENRY R. C. DOBBS,
Envoy Extraordinary and Chief
of the British Mission to
Kabul.
Tuesday, 30th Agrah 1300 ifijra
Shansi (corresponding to
22nd November, 1921). This twenty-second day
of
November one thousand nine
hundred and twenty-one.
IM
47
SCnxvULs I.
(Referred to in Article 2.)
Ill the nulla bed running Fran Lands Khaua to 1#039;ainda Khalt
Post, the Afghan frontier has been advanced approximately
700 yards, and the Tor Rhanr Ridge, including Shamsa Kandao
and Shamsa #039;Kandao Sar, is comprised in Afghan territory.
Further, the Afghan frontier has been advanced between the point
where the present boundary joins the Kabul River and Palosai from
the centre of the river to the right bank.
SCHEDULE
11.
Legations and Consulates.
(a.) Tile Legations, Consulate-General and Consulates of the
two High Contracting Parties shall at no time be used as places of
refuge for political or ordinary offenders or as places of assembly for
the furtherance of seditious or criminal movements or as magazines
of arms.
(b.) The Minister of I-lis Britannic Majesty at the Court of
Kabul shall, together with his family, Secretaries, Assistants,
Attaches and any of his menial or domestic servants or his couriers
who are British subjects, be exempt from the civil jurisdiction of
the Afghan Government, provided that lie shall furnish from time
to time to the Afghan Government it list of persons in respect of
whom such exemption is claimed, and, under it like proviso, the
Minister of the Aunir to the lioyal Court of London to which all the
Ambassadors of States are accredited shall, together with his
family, Secretaries, Assistants, Attaches and any of his menial or
domestic servants or his couriers who are Afghan subjects, be
exempt front the civil jurisdiction of Cheat Britain. If an offence or
crime is coiuputted by an Afghan subject against the British
Limistor or tine persons above mentioned who are attached to the
British Legation, the case shall be tried according to the local law
by the Courts of Afghanistan within whose jurisdiction the offence
is committed, and the same procedure shall be observed nice comic
with regard to offonces committed in England by British subjects
against the Afghan Minister or other persons above mentioned
attached to the Afghan Legation.
(c.) (i.) A Consul-General, Consuls and members of their staffs
and households, who are subjects of the State in which they are
employed, shall remain subject in all respects to the jurisdiction,
laws and regulations of such State.
(ii.) A Consul-Gonoral, Consuls ant] members of their staffs and
households, other thaw subjects of the State in which they are
Vulplovod, shall be subject to the jurisdiction of the Courts of such
State, in respect of any criminal offence committed against the
Government or subjects of such State, provided that no Consul-
General. Consul or member of their staff or household shall sufferany punishment other than fine; provided also that both Govern-
ments retain always the right to demand recall from their deninious
of any Consul-Goneral, Consul or member of their staff or
household.
(iii.) A Consul-General, Consuls and members of their staffs and
households, other than subjects of the State in which they are
employed, shall be subject to the jurisdiction of the Courts of the
said State in respect of any civil cause of action arising in the
territory of the said State, provided that they shall enjoy the
customary facilities for the performance of their duties.
(iv.) The Consul-General of.Afghanistan and Consuls shall have
it right to defend the interests of themselves of any, members of
their staffs and households who are subjects of their own Govern-
ments in any Court through pleaders or by the presence of one of
the consulate officials, with due regard to local procedure and laws.
(d.) The Ministers, Consul-Goneral and Consuls of the two
I Ligh Contracting Parties and the members of their staffs and house-
holds shall not take am, steps or commit any acts injurious to the
interests of the Government of the country to which they are
accredited.
(c.) The Ministers, Consul-General and Consuls of the two
Governments in either country shall be permitted to purchase or
hire on behalf of their Governments residences for themselves and
their staff and servants, or sites sufficient and suitable for the
erection of such residence and grounds of a convenient size
attached, and the respective Governments shall give all possible
assistance towards such purchase or hire: provided that the
Government of the country to which the Ministers or Consuls are
accredited shall, in the event of an Embassy or Consulate being
permanently withdrawn, have the right to acquire such residences
or lands at it price to be manually agreed on; and provided that the
site purchased or hired shall not exceed 20 jaribs in area.
:Vote.-Each jarib = 60 x 60 yards, English = 8,600 square yards.
(f.) The Ministers, Consul-General and Consuls of the two
Governumnts shall not acquire any immovable property in the
country to which they are accredited without the permission of the
Government of the said country.
(g.) Neither of the two High Contracting Parties shall found a
mosque, church or temple for the use of the public inside any of
its Legations or Consulates, nor shall the Ministers, Consul-General
or Consuls of either Government or their Secretaries or members of
their staffs and households engage in any political agitation or
movement within the country to which they are accredited or in
which they are residing.
(h.) The Ministers. Consul-General :ntd Consuls of the two
Ihigh Contracting Parties shall not grant naturalisation or passports
or certificates of nationality or other documents of identity to the
subjects of the country in which they are employed in such
capacity.
(i.) The Ministers of the two High Contracting Parties, besides9
a
their own wives and children, may have with them not more than
thirty-five persons, and a Consul-General and Consuls, besides their
if it
own wives and children, not more than twenty persons.
becomes necessary to employ in addition subjects of the Govern-
ment of the country to which they are accredited, Ministers can
employ not more than ten persons and Consul-General and Consuls
not more than five persons.
(j.) The Ministers, Consul-General and Consuls of the two
High Contracting Parties shall he at liberty to communicate freely
with their own Government and with other official representatives
of their Government in other countries b}- post, by telegraph and
by wireless telegraphy in eypher or en clout, and to receive and
despatch sealed bags by courier or post. subject to a limitation in
the case of Ministers of 6 lb. per week. and in the case of a Consul-
General and Consuls of .1 Ib. per week. which shall he exen pt from
postal charges and exa.minatioT, and the safe transmission of which
shall, in the case of bags sent by post. be guaranteed by the Postal
Departments of the two Governments.
(k.) Each of the two Governments shall exempt from the
payment of Customs or other duties all articles imported within its
boundaries in reasonable quantities for the personal use of the
Minister of the other Government or of his farnily, provided that
it certificate is furnished by the Minister at the time of importation
that the articles are intended for -inch personal use.
APPENDIX.
T.-L etter from British Repre.cevtatire to ,Srminr-i-Alm, the Ajghon
Poreign Minister.
(After compliments.)
Wrru reference to the provisions co twined in Article f, of the
treaty concluded between the Government of Afghanistan and the
British Government regarding the importation of arms and munitions
into Afghanistan through India. T have the honnnr to inform and
assure you that, although the British Government has in that article
reserved to itself the right exercised by every nation to stop the
transportation to a neighbouring country of arms and munitions, in
the event of its not being fissured of the friendly intentions of that
country. the British Government has no desire to make trifling inci-
dents an excuse for the stoppage of such arms and munitions.
It
world only be in the event of the Government of Afghanistan showing
plainly by its attitude that it had determined on an unfriendly and
provocative course of policy towards Great Britain contrary to the
neighbourly treaty above mentioned that the latter State would
exercise the right of stoppage. There is every ground for hope that
such a contingency will never arise, in view of the friendly relations
which are expected to spring from the treaty which has now been
concluded.
(Usual ending.)10
IT.-Letter, No. 112, from Sardar-i-Ala, the Afghan Foreign
Minister, to the British Representative at Kabul.
tAfter compliments.)
RmoAlDnf % the purchase of arms and munitions which the Govern-
ment of Afghanistan buys for the protection of its rights and welfare,
from the Governments of the world (and) imports to its own territory
from the ports of Great Britain and British India, in accordance with
Article G of the treaty between the two great Governments, T, in order
to show the sincere friendship which my Government has with your
Governwout, promise that Afghanistan shall, from time to time
before the importation of the arms aid munitions at,British ports,
furnish detailed list of those to the British Minister accredited to the
Court of my sacred and great Government. so that the British 0 ove! -
moit having known and acgnaiuted itself with the list and the
number of imported articles should, in accordance with Article G of
the treaty he_t veei the two Governments, afford the neeessarv
facilitie0.
(usual ending.)
Dated, 291h Agrab Al!.
.
1.300.
III.-Letter, No. 111, from. Sardar-i-Ala, the Afghan Foreign
Minister, to the British, Representative at. Kabul. -
(After compliments.)
As in Article 7 of the treaty (between) the two great Governments
of Britain and Afghanistai, your Government has with great
sincerity granted a discriminating exemption from Customs duties
on the goods required by my Government and on the trade goods
transported to Afghanistan through the ports of Great Britain and -
British Tndia and has not imposed Customs on goods produced and
m:.nufac;tureil in Afghanistan. I therefore also, in consideration of
the friendship (between) the two Governments, write that my
Government will not give the opportunity of establishing a. Consul-
General or Consul or representatives of the Russian Government at
the positions and territories of .Talalabad. Ghazni and Kandahar,
which are contiguous to the frontiers of India. If the Consulates or
representatives of the Government of Russia. are allowed in the parts
mentioned, the Government of Afghanistan shall not have the above-
mentioned right of exemption. Of course, the temporary association
of the Russian Minister with His Majesty#039;s move to dalalahad in
winter will be an exception.
(Usual ending.)
Dated, 30th Agrab. A.H. 1300.
IV.-Latter from British Representative to Sardar-i-Ala, the Afghan
Foreign Minister.
(After compliments.)
As the conditions of the frontier tribes of the two Governments
are of interest to the Government of Afghanistan, I inform ,you that
the British Government entertains feelings of goodwill towards all
the frontier tribes zed has every intention of treating them
generously, provided they abstain from outrages against the inhabit-
ants of India. I hope that this letter will cause you satisfaction.
(Usual ending.)
Saif Fazel

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