3. Neither High Contracting Party shall be bound by this Article to afford transit across any territory for persons whose admission into that territory is forbidden or for goods the importation or .exportation of which is prohibited or restricted in that territory.
4. The High Contracting Parties may require baggage and goods and also vessels and other means of transport in transit through any of their territories to be entered at the proper Customs House.
5. Traffic in transit through any territory of one High Contracting Party to or from any territory of the other shall not, except in case of failure to comply with applicable customs laws and regulations, be subject to any delays or restrictions other than to the minimum extent that may be necessary to ensure compliance with the applicable customs laws and regulations, and shall be exempt from customs duties and from aU transit duties or other charges imposed .in respect of transit, except charges for transportation or those commensurate with administrative expenses entailed by transit or with the cost of services rendered.
6. All charges and regulations imposed by one High Contracting Party on traffic in transit to or from any territory of the other shall be reasonable, having regard to the conditions of the traffic.
7. With respect to all charges, regulations and formalities in connection with transit, each High Contracting Party shall accord to traffic in transit to or from any territory of the other treatment not less favourable than the treatment accorded to traffic in transit to or from any other foreign country.
8. Nothing in this Article shall be construed so as to prevent Her Majesty the Queen from requiring, as a condition of permitting the transit through any of Her territories of any product exported from the Sterling Area, satisfactory evidence that payment for such product has been or will be made in accordance with any exchange control regulations in force in that territory.
Article 26.
1. Each High Contracting Party shall provide in any territory suitable civil remedies and, in cases of fraud, suitable penal sanctions, in respect of the use of words, devices, descriptions, or any other indications which state or manifestly suggest that the goods in connection with which they are used have been produced or manufactured in any territory of the other, if such statement or suggestion be false, proceedings may be taken in such cases by any person or company aggrieved. Moreover, criminal proceedings may also be taken by or on behalf of any person or company representing the special industry or business affected.
2. Each High Contracting Party shall prohibit the importation into any territory of any goods bearing words, devices, descriptions or any other indications which state or manifestly suggest that the goods have been produced or manufactured in any territory of the other, if such statement or suggestion be false. Moreover, each High Contracting Party shall provide measures for the seizure of any such goods in that territory.
3. The provisions of this Article shall not apply to goods in transit.
Article 27.
1. The High Contracting Parties undertake to enter into negotiations at an early date for the conclusion of a Consular Convention.
2. Pending the entry into force of such a Convention each High Contracting Party shall continue to accord to the consular officers of the other in any territory of the former the same rights, privileges and immunities as they enjoy at present.
Article 28.
1. All the provisions of the present Treaty relative to the grant of treatment not less favourable than that accorded to any other foreign country shall be interpreted as meaning that such treatment shall be accorded immediately and unconditionally.
2. Wherever the present Treaty makes alternative provision for the grant of national treatment or of treatment not fess favourable than that accorded to any other foreign country in respect of any matter, and wherever the present Treaty makes alternative provision for the grant of the treatment accorded to nationals of any country or of the treatment accorded to companies of any country in respect of any matter, it is understood that the option as between these alternatives shall rest with the High Contracting Party beneficiary in each particular case
Article 29.
The provisions of Articles 17, 18, 19 and 20 and, in so far as they refer to goods, 25 shall not operate when the territory concerned of one High Contracting Party and the territory concerned of the other High Contracting Party are both territories in respect of which, as between Governments of the High Contracting Parties, the General Agreement on Tariffs and Trade applies.
Article 30.
1, Nothing in the present Treaty shail entitle His Imperial Majesty the Shah to claim the benefit of any treatment, preference or privilege which may at any time be accorded by any territory of Her Majesty the Queen exclusively to any one or more of the territories enumerated: in the following list: -
The United Kingdom of Great Britain and Northern Ireland,
Canada,
The Commonwealth of Australia,
New Zealand,
The Union of South Africa,
India,
Pakistan,
Ceylon,
Ghana,
The Federation of Malaya,
Territories for the international relations of which Her Majesty the Queen is responsible through any of Her Governments at the date of signature of the present Treaty,
The Irish Republic,
Burma.
2. Nothing in the present Treaty shall be construed so as to oblige one High Contracting Party to extend to the other the benefit of any treatment, preference or privilege which may be extended to any other foreign country in accordance with obligations incurred by the former High Contracting Party as a result of
(a) the formation of a customs union or a free trade area, or
(b) the adoption of an agreement designed to lead to the formation of such a union or area within a reasonable length of time.
3. Nothing in the present Treaty shall be construed so as
(a) to prevent a High Contracting Party from taking, either singly or with other countries, any action considered necessary by that High Contracting Party for the protection of national security, where. such action relates to :
(i) special nuclear materials or to materials or equipment from which they are produced; or
(ii) the production of or traffic in arms, ammunition or implements of war, or to such™ production of or traffic in other goods or materials as is carried on directly or indirectly for the purpose of supplying a military establishment of the High Contracting Party or of any other country; or
(b) to prevent a High Contracting Party from taking any action considered necessary by that High Contracting Party to protect national security when that High Contracting Party is at war, or under imminent threat of war, or is involved in a public emergency threatening the life of the nation;
or
(c) to prevent a High Contracting Party from taking any action in pursuance of obligations under the United Nations Charter for-the maintenance or restoration of international peace and security;
Provided. that the High Contracting Parties shall aim to restrict any such action to that involving the least possible deviation, both in extent and duration, from the provisions of the present Treaty.
4. Without prejudice to the provisions of Articles 22 and 23, nothing in the present Treaty: shall oblige one High Contracting Party to extend
(a) to the nationals and companies of the other, or
(b) to the companies of the former High Contracting Party more than one half of the interests in which are owned or which are controlled. by nationals and companies of the latter High Contracting Party,
exclusively to public authorities in any of the territories of the former High Contracting Party or to other companies of that High Contracting Party more than one-half of the interests in which are owned or which are controlled by that High Contracting Party or any such public authority,
5. Nothing in the present Treaty shall be construed as to oblige either High Contracting Party to extend in relation to fishing in its territorial waters treatment more favourable than that accorded to any other foreign country.
6. Nothing in the present Treaty shall oblige one High Contracting Party to permit
(a) companies of the other, or
(b) companies of the former High Contracting Party more than one half of the interests in which are owned or which are controlled by companies of the latter High Contracting Party
to provide programmes for television broadcasts.
7. The provisions of the present Treaty relating to the grant of treatment not Iess favourable than that accorded to any other foreign country shall not extend to benefits accorded in any territory of either High Contracting Party solely in virtue of a provision relating to double taxation contained in an agreement with any other country.
Article 31.
1. In so far as they have not already ceased to have effect, the Agreement between the United Kingdom and Iran-signed at Tehran on the 9th February, 1903, and the Agreement concluded by the Exchange of Notes between the United Kingdom and Iran of the 21st-March,1920 are hereby abrogated.
2. This. abrogation shall not be construed as affecting any legal rights and_obligations in relation to territories for whose international relations Her Majesty the Queen is not responsible through Her Government in the United Kingdom:
Article 32.
Any dispute that may arise between the High Contracting Parties as to the interpretation or application of any of the provisions of the present Treaty shally upon the application of either of them, be referred to the International Court of Justice unless in any particular case the High Contracting Parties agree to submit the dispute to some other tribunal or to dispose of it by some other procedure.
Article 33.
1. Her Majesty the Queen may at the time of exchange of the instruments of ratification or at any time thereafter, cause notice to be given in writing through the diplomatic channel of Her desire that the present Treaty shall extend to any territory for the international relations of which She is responsible through Her Government in the United Kingdom of Great Britain and Northern Ireland, and the Treaty shall extend to any territory specified in such notice as from the date thereof.
2. His Imperial Majesty the Shah may, at the time of exchange of the instruments of ratification or at any time thereafter, cause notice to be given in writing through the diplomatic channel of His desire that the present Treaty shall be extended to any territory for whose international relations Her Majesty the Queen is so responsible.
3. After the expiry of a period of ten years from the coming into force of the present Treaty either High Contracting Party may. provided that twelve months' notice to that effect has been given in writing, terminate the application of the present Treaty to any territory to which it has been extended under the provisions of paragraph 1 of this Article.
Article 34.
1. The present Treaty shall be ratified and the instruments of ratification shall be exchanged at London as soon as possible. It shall come into force immediately on the exchange of the instruments of ratification, and shall thereafter remain in force during a period of ten years.
2. In case neither High Contracting Party shall have given notice to the other twelve months before the expiry of the said period of ten years of intention to terminate the Treaty, it shall remain in force until the expiry of twelve months from the date on which notice of such intention is given.
3. A notice given under paragraph 2 of this Article shall apply to any territory to which this Treaty extends under Article 33.
Conclusion
In witness whereof the above named Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.
Done in duplicate at Tehran this 11th day of March 1959, corresponding with the 20th day of Esfand 1337, in the English and Persian languages, both texts being equally authoritative.
For Her Majesty the Queen:
(L.S.) GEOFFREY W. HARRISON.
For His Imperial Majesty the Shahanshah:
(L.S) A. A. HEKMAT.
Attachments
EXCHANGE OF NOTES
No. 1
Her Majesty's: Ambassador at Tehran tothe Iranian Minister for ae Foreign Affairs
British Embassy,
Tehran, March 11,1959.
Your Excellency,
1. I have the honour to invite reference to the Treaty of Commerce, Establishment and Navigation between the United Kingdom of Great Britain and Northern Ireland and Iran of today's date and, upon the instructions of Her Majesty's Principal Secretary of State for Foreign Affairs, to set out the understanding of Her Majesty's Government in the United Kingdom as regards the scope and application of certain stipulations of the said Treaty.
2. Her Majesty's Government understand
(i) in relation to Article 3, that they shall be entitled to apply the provisions of the said Article 3 as if Great Britain and Northern Ireland were each a separate territory;
(ii) in relation to Article 12, that nothing in the provisions of the said Article shall be regarded as exempting Iranian companies from obtaining the grant of a licence in mortmain as a condition of holding land in England, Wales or Northern Ireland where the law in force so requires;
(iii) in relation to Article 17, that the provisions of the said Article shall not be regarded as precluding, in the case of the United Kingdom, any action in pursuance of the Customs Duties (Dumping and Subsidies) Act, 1957, and, in the case of Iran, the introduction and enforcement of similar legislation.
3. In addition. with reference to the provisions of the Treaty concerning navigation, I have the honour to confirm that Her Majesty's Government will take steps to ensure that all dues and charges levied for the use of maritime ports and all bye-laws and regulations of such ports shall be duly published before coming into force and that in each maritime port the port authority shall keep open for inspection by all persons concerned a table of dues and charges and a copy of the said bye-laws and regulations.
4. I am also to propose that if the contents of the second paragraph of this Note represent the understanding of the Government of Iran and if that Government will likewise act in the sense of the third paragraph, that this Note and Your Excellency's reply thereto, in the same sense, shall be regarded as constituting, in relation to these matters, an agreement between the two Governments which shall be .treated as an integral part of the Treaty.
I avail, &c.
GEOFFREY W. HARRISON,
[Translation]
The Iranian Minister for Foreign Affairs to Her Majesty's Ambassador at Tehran
Tehran, March 11,1959.
Your Excellency,
I have the honour to acknowledge the receipt of Your Excellency's Note of today's date regarding the scope and application of certain stipulations of the Treaty of Commerce, Establishment and Navigation between Iran and the United Kingdom of Great Britain and Northern Ireland which reads as follows:-
[As in No. 1]
With reference lo the second paragraph of Your Excellency's Note, I have the honour to inform you that the contents of the said paragraph represent also the understanding of the Government of Iran.
With reference to the third paragraph of your Note, I have the honour to confirm that the Government of Iran will take steps to ensure that all dues and charges levied for the use of maritime ports and all bye-laws and regulations of such ports shall be duly published before coming into force and that in each maritime port the port authority shall keep open for inspection by all persons concerned a table of dues and charges and a copy of the said bye-laws and regulations.
I accordingly have the honour to inform Your Excellency that your proposal is acceptable to the Government of Iran and that they will therefore regard your Note and this reply as constituting, in relation to the matters in question, an agreement between the two Governments which shall be treated as an integral part of the Treaty,
I avail, &c.
A.A. HEKMAT