APPENDIX Appendix A, D 'Arcy Concession Agreement …978-3-658-00093-6/1.pdf · APPENDIX Appendix A, D 'Arcy Concession Agreement [Persia] The D'Arcy Concession Agreement May 28,1901

APPENDIX

Appendix A, D 'Arcy Concession Agreement [Persia]

The D'Arcy Concession Agreement May 28,1901(Translation)

Between the Government of His Imperial Majesty the Shah of Persia of the one part and William Knox D'Arcy of independent means residing in London at No.42 Grosvenor Square (hereinafter called "the Concessionaire") of the other part. The following has by these presents been agreed on and arranged, viz.:

Article I

The Government of His Imperial Majesty the Shah grants to the Concessionaire by these presents a special and exclusive privilege to search for, obtain, exploit, de-velop, render suitable for trade, carry away and sell natural gas, petroleum, asphalt and ozokerite throughout the whole extent of the Persian Empire for a term of 60 years as from the date of these presents.

Article II

This privilege shall comprise the exclusive right of laying the pipelines necessary from the deposits where there may be found one or several of the said products up to the Persian Gulf, as also the necessary distributing branches. It shall also

712 Ferrier, R.W. The history of the British Petroleum Company. Volume I "The developing years 1901 -1932" Cambridge University Press. Cambridge, U.K. 1982 pp. 640-643Zuhayr Mikdashi gives in his Appendix III further information on selected oil concessions in the Midle East, including the unpublished Bakhtiari Agreement of 1905. See Mikdashi (1966), A Finan-cial Analysis of Middle Eastern Oil Concessions, 1901-65, p. 294.

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M. Kuhn, Enabling the Iranian Gas Export Options,DOI 10.1007/978-3-658-00093-6, © Springer Fachmedien Wiesbaden 2014

comprise the right of constructing and maintaining all and any wells, reservoirs, stations and pump services, accumulation services and distribution services, facto-ries and other works and arrangements that may be deemed necessary.

Article III

The Imperial Persian Government grants gratuitously to the Concessionaire all un-cultivated lands belonging to the State, which the Concessionaire's engineers may deem necessary for the construction of the whole or any part of the above-mentioned works. As for cultivated lands belonging to the State, the Conces-sionaire must purchase them at the fair and current price of the Province. The Government also grants to the Concessionaire the right of acquiring all and any other lands or buildings necessary for the said purpose, with the consent of the proprietors, on such conditions as may be arranged between him and them wit-hout their being allowed to make demands of a nature to surcharge the prices or-dinarily current for lands situate in their respective localities. Holy places with all their dependencies within a radius of 200 Persian archines are formally excludet.

Article IV

As three petroleum mines situate at Schouster Kassre-Chirine in the Province of Kermanschahan and Daleki near Bouchir are at present let to private persons and produce an annual revenue of two thousand tomans for the benefit of the Government, it has been agreed that the three aforesaid mines shall be comprised in the Deed of Concession in conformity with Article I, on condition that over and above the 16 per cent mentioned in Article 10 the Concessionaire shall pay every year the fixed sum of 2,000 (two thousand) tomans to the Imperial Govern-ment.

Article V

The course of the pipelines shall be fixed by the Concessionaire and his engineers.

Article VI

Notwithstanding what is above set forth, the privilege granted by these presents shall not extend to the Provinces of Azerbadjan, Ghilan, Mazendaran, Asdrabad and Khorassan, but on the express condition that the Persian Imperial Govern-ment shall not grant to any other person the right of constructing a pipeline to the southern rivers or to the south coast of Persia.

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Article VII

All lands granted by these presents to the Concessionaire or that may be acquiredby him in the manner provided for in Articles 3 and 4 of these presents, as also allproducts exported shall be free of all imposts and taxes during the term of thepresent concession. All material and apparatuses necessary for the exploration,working and development of the pipeline shall enter Persia free of all taxes andcustom-house duties.

Article VIII

The concessionaire shall immediately send out to Persia and at his own cost oneor several experts with a view to their exploring the region in which there exist, ashe believes, the said products, and in the event of a satisfactory nature, the lattershall immediately send to Persia and at his own cost all the technical staff necessa-ry with the working plant and machinery required for boring and sinking wellsand ascertaining the value of the property.

Article IX

The Imperial Persian Government authorizes the Concessionaire to found one orseveral companies for the working of the Concession. The names, "statutes" andcapital of the said companies shall be fixed by the concessionaire, and the directorsshall be chosen by him on the express condition that on the formation of each com-pany the Concessionaire shall give official notice of such formation to the ImperialGovernment through the medium of the commissioner and shall forward the "statu-tes" with information as to the places at which such company is to operate. Suchcompany or companies shall enjoy all the rights and privileges granted to the Con-cessionaire, but they must assume all his engagements and responsibilities.

Article X

It shall be stipulated in the contract between the Concessionaire of the one partand the company of the other part that the latter is within the term of one monthas from the date of the formation of the first exploitation company to pay the Im-perial Persian Government the sum of £2o,ooo sterling in cash and an additionalsum of £2o,ooo sterling in paid-up shares of the first company founded by virtueof the foregoing Article. It shall also pay the said Government annually a sumequal to 16 per cent of the annual net profits of any company or companies thatmay be formed in accordance with the said Article.

351Appendix A, D΄ Arcy Concession Agreement [Persia]

Article XI

The said Government shall be free to appoint Imperial Commissioner who shall be consulted by the concessionaire and the directors of the companies to be formed. He shall supply all and any useful information at his disposal and he shall inform them of the best course to be adopted in the interest of the undertaking. He shall establish by agreement with the Concessionaire such supervision as he may deem expedient to safeguard the interests of the Imperial Government. The aforesaid powers of the Imperial Commissioner shall be set forth in the "statutes" of the companies to be created. The Concessionaire shall pay the Commissioner thus appoin-ted an annual sum of £1,000 sterling for his services as from the date of the formation of the first company.

Article XII

The workmen employed in the service of the Company shall be subjects of His Imperial Majesty the Shah, except the technical staff such as the managers, en-gineers, borers and foremen.

Article XIII

At any place in which it may be proved that the inhabitants of the country now obtain petroleum for their own use, the Company must supply them gratuitously with the quantity of petroleum that they themselves got previously. Such quantity shall be fixed according to their own declarations, subject to the supervision of the local authority.

Article XIV

The Imperial Government binds itself to take all and any necessary measures to secure the safety and the carrying out of the object of this Concession, of the plant and of the apparatuses of which mention is made for the purpose of the un-dertaking of the Company and to protect the representatives, agents and servants of the Company. The Imperial Government having thus fulfilled its engagements, the Concessionaire and the companies created by him shall not have power under any pretext whatever to claim damages from the Persian Government.

Article XV

On the expiration of the term of the present Concession, all materials, buildings

352 Appendix

and apparatuses then used by the Company for the exploitation of its industryshall become the property of the said Government, and the Company shall haveno right to any indemnity in this connection.

Article XVI

If within the term of two years as from the present date the Concessionaire shallnot have established the first of the said companies authorized by Article 9 of thepresent Agreement, the present Concession shall become null and void.

Article XVII

In the event of there arising between the parties to the present concession any dis-pute or difference in respect of its interpretation or the rights of responsibilitiesof one or the other of the parties therefore resulting, such dispute or differenceshall be submitted to two arbitrators at Teheran, one of whom shall be named byeach of the parties, and to an Umpire who shall be appointed by the arbitratorsbefore they proceed to arbitrate. The decision of the arbitrators or, in the eventof the latter disagreeing that of the umpire, shall be final.

Article XVIII

This Act of Concession made in duplicate is written in the French language andtranslated into Persian with the same meaning. But in the event of there being anydispute in relation to such meaning, the French text shall alone prevail. TeheranSefer 1319 of the Hegine, that is to say May 1901.

(Signed) William Knox D'Arcy, By his Attorney, (Signed) Alfred L. Marriott.

(Signed) George Grahame, Vice-Consul.

Dated at Gulaket near Teheran this 6 day of June 1901. (Signed) George Grahame,Vice-Consul.

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Certified that the above signatures were affixed in my presence at the British Consulate General at Gu-laket near Teheran, on this 4 day of the month of June 1901 by Alfred Lyttelton Marriott, Attorneyof William Knox D'Arcy, in accordance with the Notarial Act dated 21 March 1901, and seen by me.

Thus far translation. Here follows in English.

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Certified that the writing in the Persian and French languages on this and the preceding seven pageswere registered in the Archives (Register Book) of H.M.'s Legation, Teheran, on pages 117 to 124, onthe 5 June 1901.

353Appendix A, D΄ Arcy Concession Agreement [Persia]

Appendix B, 1933 Anglo-Persian Oil Company Concession Agreement [Persia]

AGREEMENT

BetweenThe Imperial Government Of Persia And The

Anglo-Persian Oil Company Limited Made At Tehran On The 29th April, 1933.

TRANSLATION

PREAMBLE

For the purpose of establishing a new Concession to replace that which was granted in 1901 to William Knox D'Arcy, the present Concession is granted by

the Persian Government and accepted by the Anglo-Persian Oil Company Limi-ted. This Concession shall regulate in the future the relations between the two

parties abovementioned.

DEFINITIONS

The following definitions of certain terms used in the present Agreement are app-licable for the purposes hereof without regard to any different meaning

which mayor might be attributed to those terms for other purposes.

" The Government"

Means the Imperial Government of Persia.

" The Company "

Means the Anglo-Persian Oil Company Limited and all its subordinate companies.

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355Appendix B, 1933 Anglo-Persian Oil Company Concession Agreement

" The Anglo-Persian Oil Company Limited "

Means the Anglo-Persian Oil Company Limited or any other body corporate to which, with the consent of the Government (Article 26), this Concession might be

transferred.

"Subordinate Company"

Means any company for which the Company has the right to nominate directly or indirectly more than one-half of the directors, or in which the company holds, directly or indirectly, a number of shares sufficient to assure it more than 50% of all voting rights at the General Meeting of such a company.

“Petroleum”

Means crude oil, natural gases, asphalt, ozokerite, as well as all products obtained either from these substances or by mixing these substances with

other substances.

" Operations of the Company in Persia "

Means all industrial, commercial, and technical operations carried on by the Company exclusively for the purposes of this Concession.

ARTICLE 1

The Government grants to the Company, on the terms of this Concession, the exclusi-ve right, within the territory of the Concession, to search for and extract petroleum as well as to refine or treat in any other manner and render suitable for commerce the petroleum obtained by it. The Government also grants to the Company, throughout Persia, the non-exclusive right to transport petroleum, to refine or treat it in any other manner and to render it suitable for commerce, as well as to sell it in Persia and to export it.

ARTICLE 2

(A) The territory of the Concession, until the 31 December 1938, shall be the territory to the south of the violet line* drawn on the map signed by both parties and annexed to the present Agreement.

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356 Appendix

ARTICLE 3

The Company shall have the non-exclusive right to construct and to own pipe-lines. The Company may determine the position of its pipelines and operate them.

ARTICLE 4

The Company is bound, at latest by 31 December 1938, to select on the territoryabovementioned one or several areas of such shape and such size and so situated asthe Company may deem suitable. The total area of the area or areas selected must notexceed one hundred thousand English square miles (100,000 square miles), eachlinear mile being equivalent to 1,609 meters.The Company shall notify to the Government in writing on 31 December1938, or before that date, the area or areas which it shall have selected asabove provided. The maps and data necessary to identify and define thearea or areas which the Company shall have selected shall be attached toeach notification.After 31 December 1938, the Company shall no longer have the right tosearch for and extract petroleum except on the area or areas selected by itunder paragraph (B) above and the territory of the Concession, after thatdate, shall mean only the area or areas so selected and the selection ofwhich shall have been notified to the Government as above provided.

(B)

(C)

Any unutilised lands belonging to the Government, which the Company shalldeem necessary for its operations in Persia and which the Government shallnot require for purposes of public utility, shall be handed over gratui-tously to the Company.The manner of acquiring such lands shall be the following: whenever anyland becomes necessary to the Company, it is bound to send to the Minis-try of Finance a map or maps on which the land which the Company needsshall be shown in colour. The Government undertakes, if it has no objecti-on to make, to give its approval within a period of three months after re-ceipt of the Company's request.Lands belonging to the Government, of which use is being made, andwhich the Company shall need, shall be requested of the Government in themanner prescribed in the preceding paragraph, and the Government, in caseit should not itself need these lands and should have no objection tomake, shall give, within a period of three months, its approval to the saleasked for by the Company.

(A)

(B)

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ARTICLE 5

The operations of the Company in Persia shall be restricted in the following manner:

If the Government requires to utilise the means of transport and communication of the Company for national defense or in other critical circumstances, it undertakes to impede as little as possible the operations of the Company, and to pay it fair com-pensation for all damages caused by the utilisation above mentioned.

The price of these lands shall be paid by the Company; such price must be reasonable and not exceed the current price of lands of the same kind and utilised in the same manner in the district.In the absence of a reply from the Government to requests under para-graphs (A) and (B) above, after the expiry of two months from the date of receipt of the said requests, a reminder shall be sent by the Company to the Government; should the Government fail to reply to such reminder within a period of one month, its silence shall be regarded as approval.Lands which do not belong to the Government and which are necessary to the Company shall be acquired by the Company, by agreement with the par-ties interested, and through the medium of the Government.In case agreement should not be reached as to the prices, the Government shall not allow the owners of such lands to demand a price higher than the prices commonly current for neighbouring lands of the same nature. In valuing such lands, no regard shall be paid to the use to which the company may wish to put them.Holy places and historical monuments, as well as all places and sites of historical interest are excluded from the foregoing provisions, as well as their immediate surroundings for a distance of at least 200 meters.The Company has the non-exclusive right to take within the territory of the Conces-sion, but not elsewhere, on any unutilised land belonging to the State, and to utilise gratuitously for all the operations of the Company, any kinds of soil, sand, lime, gyp-sum, stone and other building materials. It is understood that if the utilisation of the said materials were prejudicial to any rights whatever of third parties, the Company should indemnify those whose rights were infringed.

(C)

(D)

(E)

(F)

The construction of any new railway line and of any new port shall be subject to a previous agreement between the Government and the Company.If the Company wishes to increase its existing service of telephones, tele-graphs, wireless and aviation in Persia, it shall only be able so to do with the previous consent of the Government.

(1)

(2)

358 Appendix

ARTICLE 6

ARTICLE 7

ARTICLE 8

The Company shall not be bound to convert into Persian currency any part whats-oever of its funds, in particular any proceeds of the sale of its exports from Persia.

The Company is authorised to effect, without special licence, all imports necessary forthe exclusive needs of its employees on payment of the Custom duties and other dutiesand taxes in force at the time of importation.The Company shall take the necessary measures to prevent the sale or thehanding over of products imported to persons not employed by the Company.The Company shall have the right to import, without special licence, the equipment,material, medical and surgical instruments and pharmaceutical products, necessary forits dispensaries and hospitals in Persia, and shall be exempt in respect thereof fromany custom duties and other duties and taxes in force at the time of importation, orpayments of any nature whatever to the Persian State or to local authorities.The Company shall have the right to import, without any licence and exempt from anyCustom duties and from any taxes or payments of any nature whatever to the PersianState or to local authorities, anything necessary exclusively for the operations of theCompany in Persia.The exports of petroleum shall enjoy Customs immunity and shall beexempt from any taxes or payments of any nature whatever to the Per-sian State or to local authorities.

(A)

(C)

(B)

(D)

The Company and its employees shall enjoy the legal protection of the Government.The Government shall give, within the limits of the laws and regulations of the coun-try, all possible facilities for the operations of the Company in Persia.If the Government grants concessions to third parties for the purpose ofexploiting other mines within the territory of the concession, it must cau-se the necessary precautions to be taken in order that these exploitationsdo not cause any damage to the installations and works of the Company.The Company shall be responsible for the determination of dangerouszones for the construction of habitations, shops and other buildings, inorder that the Government may prevent the inhabitants from settling there.

(C)

(D)

(A)(B)


ARTICLE 9

The Company shall immediately make its arrangements to proceed with its opera-tions in the province of Kermanshah through a subsidiary company with a view to producing and refining petroleum there.

ARTICLE 10

The sums to be paid to the Government by the Company in accordance with this Agreement (besides those provided in other articles) are fixed as follows:An annual royalty, beginning on the 1 January, 1933, of four shillings per ton of Petroleum sold for consumption in Persia or exported from Persia.Payment of a sum equal to twenty per cent. (20%) of the distribution to the ordinary stockholders of the Anglo-Persian Oil Company Limited, in ex-cess of the sum of Six hundred and seventy-one thousand two hundred and fifty pounds sterling (£671,250) whether that distribution be made as dividends for anyone year or whether it relates to the reserves of that company, exceeding the reserves which, according to its books, existed on 31 December 1932.The total amount to be paid by the Company for each calendar (Christian) year under sub-clauses (a) and (b) shall never be less than seven hundred and fifty thousand pounds sterling (£750,000).Payments by the Company under this Article shall be made as follows:On the 31 March, 30 June, 30 September, and 31 December of each year, on each occasion one hundred and eighty-seven thousand five hund-red pounds sterling (£187,500). (The payment relating to 31 March 1933 shall be made immediately after the ratification of the present Agree-ment).On the 28 February 1934, and thereafter on the same date in each year, the amount of the tonnage royalty for the previous year provided for in sub-clause (I)(a) less the sum of seven hundred and fifty thousand pounds sterling (£750,000), already paid under sub-clause (II)(a).Any sums due to the Government under sub-clause (I)(b) of this article shall be paid simultaneously with any distributions to the ordinary stock-holders.On the expiration of this Concession, as well as in the case of surrender by the Company under Article 25 the Company shall pay to the Government a sum equal to twenty per cent. (20%) of:

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(a)

(b)

(c)

(II)(a)

(b)

(c)

(III)

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The surplus difference between the amount of the reserves (GeneralReserve) of the Anglo-Persian Oil Company Limited, at the date of the expira-tion of the Concession or of its surrender, and the amount of the samereserves at 31 December 1932.The surplus difference between the balance carried forward by the Anglo-Persian Oil Company Limited at the date of the expiration of the con-cession or of its surrender and the balance carried forward by that com-pany at 31 December 1932. Any payment due to the Government underthis clause shall be made within a period of one month from the date ofthe General Meeting of the Company following the expiration or thesurrender of the Concession.The Government shall have the right to check the returns relating tosubclause (I) which shall be made to it at latest on the 28 February for the precedingyear.To secure the Government against any loss, which might result from fluc-tuations in the value of English currency, the parties have agreed as fol-lows:If, at any time, the price of gold in London exceeds six pounds sterlingper ounce (ounce troy) the payments to be made by the Company inaccordance with the present Agreement (with the exception of sums dueto the Government under sub-clause (I)(b) and clause (III) (a) and (b) ofthis Article and sub-clause (I)(a) of Article 23) shall be increased by onethousand four hundred and fortieth part (1/1440) for each penny ofincrease of the price of gold above six pounds sterling (£6) per ounce(ounce troy) on the due date of the payments.If, at any time, the Government considers that gold has ceased to be thegeneral basis of values and that the payments above mentioned no longergive it the security which is intended by the parties, the parties shall cometo an agreement as to a modification of the nature of the security abovementioned or, in default of such an arrangement, shall submit the ques-tion to the Arbitration Court (Article 22) which shall decide whether thesecurity provided in sub-clause (a) above ought to be altered and if so,shall settle the provisions to be substituted therefore and shall fix theperiod to which such provisions shall apply.In case of a delay, beyond the dates fixed in the present Agreement,which might be made by the Company in the payment of sums due by it tothe Government, interest at five per cent. (5%) per annum shall be paid forthe period of delay.

(a)

(b)

(IV)

(a)

(A)

(V)

(B)

(VI)

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ARTICLE 11

The Company shall be completely exempt, for its operation in Persia, for the first thirty years, from any taxation present or future of the State and of local authorities; in consideration therefo-re the following payments shall be made to the Government:

ARTICLE 12

During the first fifteen years of this Concession, on the 28 February of each year and for the first time on the 28 February 1934, nine pence for each of the first six million (6,000,000) tons of petroleum, on which the royalty provided for in Article 10 (I)(a) is payable for the preceding ca-lendar (Christian) year, and six pence for each ton in excess of the figure of six million (6,000,000) tons above defined.The Company guarantees that the amount paid under the preceding sub-clause shall never be less than two hundred and twenty-five thousand pounds sterling (£225,000).During the fifteen years following, one shilling for each of the first six million (6,000,000) tons of petroleum, on which the royalty provided for in Article 10 (I) (a) is payable for the preceding calendar year, and nine pence for each ton in excess of the figure of 6,000,000 tons above defined.The Company guarantees that the amount paid under the preceding sub-clause (c) shall never be less than three hundred thousand pounds sterling (£300,000).Before the year 1963, the parties shall come to an agreement as to the amounts of the annual payments to be made, in consideration of the complete exemption of the Company for its operations in Persia from any ta-xation of the State and of local authorities, during the second period of thirty years extending until 31 December 1993.

(D)

(E)

(F)

(G)

(B)

The Company, for its operations in Persia in accordance with the present Agreement, shall employ all means customary and proper, to ensure economy in and good returns from its operations, to preserve the deposits of petroleum and to exploit its Concession by methods in accordance with the latest scientific progress.If, within the territory of the Concession, there exist other mineral substances than petroleum or woods and forests belonging to the Govern-ment, the company may not exploit them in accordance with the present concession, nor object to their exploitation by other persons (subject to the due compliance with the terms of clause (C) of Article 7); but the Company shall have the right to utilise the said substances or the woods and forests above-mentioned if they are necessary for the exploration or the extraction of petroleum.

(1)

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ARTICLE 13

The Company undertakes to send, at its own expense and within a reasonable time,to the Ministry of Finance, whenever the representative of the Government shall re-quest it, accurate copies of all plans, maps, sections and any other data whether to-pographical, geological or of drilling, relating to the territory of the Concession,which are in its possession.Furthermore, the Company shall communicate to the Government throughout the du-ration of the Concession all important scientific and technical data resulting fromits work in Persia.All these documents shall be considered by the Government as confidential.

ARTICLE 14

ARTICLE 15

The Government shall have the right to appoint a Representative who shall be desi-gnated " Delegate of the Imperial Government." This Representative shall havethe right:

(C)

The Government shall have the right to cause to be inspected at its wish, at any rea-sonable time, the technical activity of the Company in Persia, and to nominate for thispurpose technical specialist experts.The Company shall place at the disposal of the specialist experts nominated to thisend by the Government, the whole of its records relative to scientific and technicaldata, as well as all measuring apparatus and means of measurement, and these speci-alist experts shall, further, have the right to ask for any information in all the officesof the Company and on all the territories in Persia.

(A)

(B)

To obtain from the company all the information to which the stockhol-ders of the company are entitled.To be present at all the meetings of the Board of Directors, of its com-mittees and at all the meetings of stockholders, which have been con-

(A)

(2)

All boreholes which, not having resulted in the discovery of petroleum,produce water or precious substances, shall be reserved for the Governmentwhich shall immediately be informed of these discoveries by the Company,and the Government shall inform the Company as soon as possible if it wis-hes to take possession of them. If it wishes to take possession it shallwatch that the operations of the Company be not impeded.


The Company shall pay to the Government to cover the expenses to be borne by it in respect of the salary and expenses of the above mentioned Delegate a yearly sum of two thousand pounds sterling (£2,000). The Government shall notify the Company in writing of the appointment of this Delegate and of any changes in such ap-pointment.

ARTICLE 16

Both parties recognise and accept as the principle governing the perfor-mance of this Agreement the supreme necessity, in their mutual interest, of maintaining the highest degree of efficiency and of economy in the administration and the operations of the Company in Persia.It is, however, understood that the Company shall recruit its artisans as well as its technical and commercial staff from among Persian nationals to the extent that it shall find in Persia persons who posses the requisite com-petence and experience. It is likewise understood that the unskilled staff shall be composed exclusively of Persian nationals.The parties declare themselves in agreement to study and prepare a gene-ral plan of yearly and progressive reduction of the non-Persian employ-ees with a view to replacing them in the shortest possible time and pro-gressively by Persian nationals.The Company shall make a yearly grant of ten thousand pounds sterling in order to give in Great Britain, to Persian nationals, the professional education necessary for the oil industry.The said grant shall be expended by a Committee, which shall be cons-tituted as provided in Article 15.

(III)

(I)

(II)

(IV)

(3)

(4)

vened to consider any question arising out of the relations between the Government and the Company;To preside ex-officio, with a casting vote, over the Committee to be set up by the Company for the purpose of distributing the grant for and super-vising the professional education in Great Britain of Persian nationals re-ferred to in Article 16.To request that special meetings of the Board of Directors be convened at any time, to consider any proposal that the Government shall submit to it. These meetings shall be convened within 15 days from the date of the receipt by the Secretary of the Company of a request in writing to that end.

364 Appendix

ARTICLE 17

The Company shall be responsible for organising and shall pay the cost of the pro-vision, control and upkeep of, sanitary and public health services, according to therequirements of the most modern hygiene practised in Persia, on all the lands ofthe Company and in all buildings and dwellings, destined by the Company for the useof its employees, including the workmen employed within the territory of theConcession.

ARTICLE 18

Whenever the Company shall make issues of shares to the public, the subscriptionlists shall be opened at Tehran at the same time as elsewhere.

ARTICLE 19

The Company shall sell for internal consumption in Persia, including the needs ofthe Government, motor spirit, kerosene and fuel oil, produced from Persian petrole-um, on the following basis:

On the first of June in each year the Company shall ascertain the averageRoumanian f.o.b. prices for motor spirit, kerosene and fuel oil and theaverage Gulf of Mexico f.o.b. prices for each of these products duringthe preceding period of twelve months ending on the 30 April. The lowest of these average prices shall be selected. Such prices shall be the " basic prices " for a period of one year begin-ning on the 1 June. The " basic prices " shall be regarded as being theprices at the refinery.The Company shall sell: {I) to the Government for its own needs, and not for resale,motor spirit, kerosene and fuel oil at the basic prices, provided in sub-clause (a) above,with a deduction of twenty-five per cent. (25%); (2) to other consumers at the basicprices with a deduction of ten per cent. (10%).The Company shall be entitled to add to the basic prices mentioned in sub-clause (a),all actual costs of transport and of distribution and of sale, as well as any impostsand taxes on the said products.The Government shall forbid the export of the petroleum products sold by the com-pany under the provisions of this article.

(a)

(b)

(c)

(d)

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ARTICLE 20

ARTICLE 21

The contracting parties declare that they base the performance of the present Agreement on principles of mutual good will and good faith as well as on a rea-sonable interpretation of this agreement.The company formally undertakes to have regard at all times and in all places to the rights, privileges and interests of the Government and shall abstain from any action or omission which might be prejudicial to them.This concession shall not be annulled by the Government and the terms therein con-tained shall not be altered either by general or special legislation in the future, or by administrative measures or any other acts whatever of the executive authorities.

During the last ten years of the concession or during the two years from the notice preceding the surrender of the Concession provided in article 25, the company shall not sell or otherwise alienate, except to subordi-nate companies, any of its immovable properties in Persia. During the same period the company hall not alienate or export any of its movable property whatever except such as has become unutilisable.During the whole of the period preceding the last ten years of the con-cession, the company shall not alienate any land obtained by it gratui-tously from the Government; it shall not export from Persia any movable property except in the case when such property shall have become unutilisable or shall be no longer necessary for the operations of the company.At the end of the concession, whether by expiration of time or otherwi-se, all the property of the company in Persia shall become the property of the government in proper working order and free of any expenses and of any encumbrances.The expression "all the property " comprises all the lands, buildings and workshops, constructions, wells, jetties, roads, pipelines, bridges, drainage and water supply systems, engines, installation and equipments (including tools) of any sort, all means of transport and communication in Persia (including for example automobiles, carriages, aeroplanes), any stocks and any other objects in Persia which the company is utilising in any man-ner whatsoever for the objects of the Concession.

(a)

(b)

(I)

(II)

(III)

366 Appendix

ARTICLE 22

Any differences between the parties of any nature whatever and in parti-cular any differences arising out of the interpretation of this Agreementand of the rights and obligations therein contained as well as any diffe-rences of opinion which may arise relative to questions for the settlementof which, by the terms of this Agreement, the agreement of both partiesis necessary, shall be settled by arbitration.The party which requests arbitration shall so notify the other party in wri-ting. Each of the parties shall appoint an arbitrator, and the two arbitra-tors, before proceeding to arbitration, shall appoint an umpire. If the twoarbitrators cannot, within two months, agree on the person of theumpire, the latter shall be nominated, at the request of either of the par-ties, by the President of the Permanent Court of International Justice. Ifthe President of the Permanent Court of International Justice belongs toa nationality or a country which, in accordance with clause (C), is not qua-lified to furnish the umpire, the nomination shall be made by the Vice-President of the said Court.The umpire shall be of a nationality other than Persian or British; further-more, he shall not be closely connected with Persia or with Great Britainas belonging to a dominion, a protectorate, a colony, a mandated countryor other country administered or occupied by -one of the two countriesabove mentioned or as being or having been in the service of one ofthese countries.If one of the parties does not appoint its arbitrator or does not advisethe other party of its appointment, within sixty days of having receivednotification of the request for arbitration, the other party shall have theright to request the President of the Permanent Court of InternationalJustice (or the Vice-President in the case provided at the end of clause(B) ) to nominate a sole arbitrator, to be chosen from among persons qua-lified as above-mentioned, and in this case the difference shall be settledby this sole arbitrator.The procedure of arbitration shall be that followed, at the time of arbitra-tion, by the Permanent Court of International Justice. The place and ti-me of arbitration shall be fixed by the umpire or by the sole arbitratorprovided for in clause (D), as the case may be.The award shall be based on the juridical principles contained in Article38 of the Statutes of the Permanent Court of International Justice. The-re shall be no appeal against the award.

(A)

(B)

(C)

(D)

(E)

(F)


ARTICLE 23

ARTICLE 24

If, by reason of the annulment of the D'Arcy concession, litigation should arise between the company and private persons on the subject of the duration of leases made in Persia before the 1 December 1932 within the limits allowed by the D'Arcy concession, the litigation shall be decided according to the rules of inter-pretation following:

If it has been provided in the lease that it shall be valid for the duration of the D'Arcy concession and in the event of its renewal for the duration of the rene-wed concession, the lease shall retain its validity until 31 December 1993.

ARTICLE 25

The Company shall have the right to surrender this Concession at the end of any Christian calendar year, on giving to the Government notice in writing two years pre-viously. On the expiry of the period above provided, the whole of the property

The expenses of arbitration shall be borne in the manner determined by the award.

(G)

In full settlement of all the claims of the Government of any nature in res-pect of the past until the date of coming into force of this Agreement (except in regard to Persian taxation), the Company: (a) shall pay within a period of thirty days from the said date the sum of one million pounds sterling (£1,000,000) and besides (b) shall settle the payments due to the Government for the financial years 1931 and 1932 on the basis of Article 10 of this agreement and not on that of the former D' Arcy Concession, after deduction of two hundred thousand pounds sterling (£200,000) paid in 1932 to the Government as an advance against the royalties and £113,4033s lOd. placed on deposit at the disposal of the Government.Within the same period, the company shall pay to the Government in full settlement of all its claims in respect of taxation for the period from 21 March 1930 to 31 December 1932 a sum calculated on the basis of sub-clause (a) of clause I of Article 11, but without the guarantee provi-ded in sub-clause (b) of the same clause.

(I)

(II)

(a) If the lease is to determine, according to its terms, at the end of the D'Arcy Concession, it shall retain its validity until 28 May 1961, notwith-standing the annulment of the said concession.

st st

th

st

st

368 Appendix

of the Company in Persia (defined in Article 20, (III) ) shall become free of costand without encumbrances the property of the Government in proper working orderand the Company shall be released from any engagement for the future. In case the-re should be disputes between the parties concerning their engagements beforethe expiry of the period above provided the differences shall be settled by arbitra-tion as provided in Article 22.

ARTICLE 26

This Concession is granted to the Company for the period beginning on the date ofits coming into force and ending on 31 December 1993. Before the date of the31 December 1993 this Concession can only come to an end in the case that theCompany should surrender the Concession (Article 25) or in the case that the Arbi-tration Court should declare the Concession annulled as a consequence of defaultof the Company in the performance of the present Agreement.The following cases only shall be regarded as default in that sense:

In any other cases of breach of the present Agreement by one party or the other,the Arbitration Court shall establish the responsibilities and determine their conse-quences. Any transfer of the Concession shall be subject to confirmation by theGovernment.

ARTICLE 27

If any sum awarded to Persia by the Arbitration Court has not been paidwithin one month of the date of the award.If the voluntary or compulsory liquidation of the Company be decidedupon.

(C)

(D)

This agreement shall come into force after ratification by the Majlis and promulgation by Decree of His Imperial Majesty the Shah. The Government undertakes to submit this Agreement, as soon as possible, for ratification by the Majlis. Made at Tehran the twenty-ninth April one thousand nine hundred and thirty three.

For the Imperial Government of Persia,

[This Agreement came into force on the 29 May, 1933, following its ratification by the Majlis on the28 May, 1933, and the Royal Assent given on the 29 May, 1933.]

For and on behalf of the Anglo-Persian Oil Company, Limited

(Signed) S. H. TAQIZADEH.

(Signed) JOHN CADMAN, Chairman. W. ERASER, Deputy Chairman.

st

st

th

thth


Appendix C; Interviewees

Although I meet and interviewed many people during my research, particular insight I owe those mendioned below:

SiamakKamranTuncay

Christopher R.NatashaAlbertAlexanderJonathanDavoudEdwardHosseinLalaHalAli FereidunArturoSergeiAlanPlaine DanielJulieKonstantinSteveKlausJohn W.HeikoCarolynRuchardRizvanRebecca

BoykoVincent

Prof.

Prof.

Amb.

Amb.

AdibAgasiBabali

BackemeyerBrennerBressandBrexendorffChanisCharmiChowEbneyousefEkimoffErenFathollah-NejadFesharakGonzaloGurievHegburgJeffreyKorostelevaKostenLe VineLiesenLimbertLohmannMcGourtyMorningstarNabiyevNeff

NitzovO'Brien

FACTS Global EnergyEURASIA Gas ProjectHarvard Weatherhead CenterEconomic Energy and Busienss Affairs / Economic Sanctions Policy; State DepartmentEurasia ExpertCEMTPP / SIPAMENA LegalColumbia Univerity / SIPAEmbassy Iran

International Petroleum EnterpriseDOEEran law Firm / Economic SanctionsSOASFACTS Global / Iran ExpertRepsolNES Moscow

Parnter Gibson Dunn Laywers / SanctionsGazprom StrategyDGAPAuthor and JournalsitE.On RuhrgasSenior Advisor Iran Desk State Departmentener|gateHarvard Kennedy SchoolSpecial Envoy for EurasiaEmbassy AzerbaijanSenior Advisor Office of the Special Envoy for Eurasia Atlantic CouncilSenior Advisor Office of the Special Envoy for Eurasia

Jan. 2011Aug. 2010July 2010

July 2010

Aug. 2010June 2010

March 2011June 2010

March 2010July 2010

June 2010July 2010

Aug. 2010March 2011

July 2010Feb. 2011

March 2011July 2010July 2010

June 2010Febr. 2011Aug. 2010Febr. 2011Aug. 2010Febr. 2011

July 2010Aug. 2010June 2011July 2010

July 2010July 2010

370 Appendix

Özgür

GeorgeStevenJenikBhamyMohsenAdam .LGaryLouisDietrichDaniel D.

GregoryAlexanderCharlotteJimJensKeun

Prof.Prof.

Prof.Prof.

Prof.

Özdamar

PersonPinterRadonShenoyShiraziShrierSickSkynerSperlingStein

StoupnitzkyTangevon LilienfeldWalshWirthWook Paik

Assistant Professor International Relations Bilkent universityDOEEran law Firm / Economic SanctionsColumbia University / SIPA

Former NIOC DirectorCEMTPP / SIPAColumbia UniversityStatoil

Senior Advisor Office of the Special Envoy for EurasiaCIS Capital / Renaissance CapitalPCW & Clean Future Forum

MIT & Nuclear Proliferation ExpertWorld BankChatham House

July 2010

June 2010Aug. 2010Aug. 2010Aug. 2010July 2010July 2010July 2010

Dec. 2010March 2009

July 2010

June 2010July 2010July 2010

June 2010June 2010

March 2011

371Appendix C, Interviewees

BIBLIOGRAPHY

This bibliography does not reflect the comprehensive analysis of literature under-taken. Its sole purpose is to present the main sources used in this text.

The research is based upon either public or private sources and unpublished agreements and communications, the bibliography solely reflects the public availa-ble sources used. Information gained from unpublished or confidential docu-ments or private interviews from senior executives in corporations and govern-ments are not reflected in this bibliography and are not separately listed.

Archive and Manuscript Collections

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PA-AA R 14556PA AA 3 11 - 411.70/11PA AA 3 11 – 411.70 – IRNPA AA 3 11 – 401.08 PA AA 3 11 – 401.73PA AA 321.00 – 321.30 – Band 5 (1977-1979) [119966]PA AA 421 – 410.20PA AA 403 – 411.70 – IRNPA AA 31 – 400.00 – 31 – 410.20 Band 10 (1975-1976) [109114]PA AA 31 – 310.10 – Band 11 (7/1979-9/1979) [135597]PA AA 400.00 – IRN (RE 408-80.40/1/59)PA AA 411 70 IRN (1963-1973) [3061] PA AA B6 – 82.12/1 / III B6-82.09/12PA AA 311 - 411.70 IRN (1/1974-12/1974) [104744]

CIA Historical Review Program

13933 No. 0821/7219579 No. ER IR 70-24 15628 ER IM 68-68 Copy No. 152EO II652:XGDS – 1 No.09895 Pal-15-1 RNA III E1-7 (CIA) No. 9-68

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Other Archives and Official Documents

Special Collections, Georgetown University, Washington, D.C.William E. Mulligan PapersJoseph Mahon PapersBritish Petroleum Archives, University of Warwick, Coventry, United KingdomForeign Relations of the United States 1952-1954 Volume x Iran 1951-1954 No. 77 (Department of State Publication, 1952-1954.Harvard Iranian Project. An oral history project on-line about the events of the 1953 coup in Iran. http://pds.lib.harvard.edu/pds/view/2890560?n=6&printThumbnails=no

Wikileaks:

06BAKU1661, BP AZERBAIJAN PRESIDENT SAYS AZERBAIJAN MOVING06BAKU1771, AZERBAIJAN: PRESIDENT ALIYEV ON UPCOMING GAS07BAKU1268, AZERBAIJAN: SOCAR REFRAINS FROM “GOING

KAZAKH” ON08MOSCOW3380, C) OIL TRADERS: PIPELINE EXPORTS TO EUROPE

STILL09ANKARA321, DEALS WITH IRAN BENEFIT PM ERDOGAN'S FRIENDS09BAKU179, IRANIAN SOURCE NAMES "U.K.-REGISTERED" COMPANY

AS09BAKU30, AZERBAIJAN: BP DOWNBEAT ON 2009 SHAH DENIZ PHASE09BAKU478, IRAN VIEW FROM BAKU: VIOLENCE IN BALUCHISTAN09BEIJING2438, PRC/IRAN: SCHOLAR SUGGESTS U.S. NEGOTIATE SE09BEIJING2494, PRC/IRAN: CHINA IN WAIT-AND-SEE MODE BILATERALLY09BEIJING560, PRC/IRAN: CHINA SEEKS CLARITY ON U.S. IRAN

POLICY,09DOHA728, QATAR,S PRIME MINISTER ON IRAN: "THEY LIE TO US;09RPODUBAI177, IRAN REGIONAL PRESENCE OFFICE--WINDOW ON

IRAN09SANAA1662, IRAN IN YEMEN: TEHRAN's SHADOW LOOMS LARGE,

BUT FOOTPRINT IS SMALL (c-ne9-01257)10MOSCOW266, C/NF) XXXXXXXXXXXX ON ENERGY INTERESTS,10ROME87, STAFFDEL KESSLER DISCUSSES IRAN WITH MFA, ENI,

PD#

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