Indian Treaty Series

The Government of India and the Royal Iraqi Government desiring to strengthen the traditional bonds of friendship, which unite the two countries, and further to facilitate and develop the commercial relations existing between them have resolved to conclude a Trade Agreement and to this end have appointed as their plenipotentiaries the following persons, namely :-

The Government of India His Excellency Mr. Khub Chand, Envoy Extraordinary and Minister Plenipotentiary. The Royal Iraqi Government His Excellency Dr. Dhia JaTar, Minister of Economics Who having examined each other's credentials and found them good and in due form, have agreed as follows

Article I

The Contracting Parties will take all appropriate measures to promote trade between the two countries in all possible ways, in particular with regard to the items mentioned in Schedules 'A' and 'B' attached to this Agreement. Nothing in this Agreement shall be deemed to preclude trade in goods or commodities not mentioned in the said Schedules.

Article II

The Contracting Parties agree further that the exchange of goods and the granting of licences. shall be subject to and within the scope of the general import-export regulations in force from time to time in each country.

Article III

The granting of the licences referred to in Article II above shall be subject to negotiations of contracts which are mutually satisfactory regarding specifications, prices, delivery and other terms.

Article IV

The provisions of this Agreement shall not extend to prohibitions or restrictions-

(i) imposed for the protection of public health, or

(ii) imposed for the protection of plants or animals including measures for protection against diseases, degeneration or extinction as well as measures taken against harmful seeds, plants or animals.

Article V

The Contracting Parties will grant each other complete most favoured-nation treatment, that is to say, with respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports and with respect to the method of levying such duties and charges and with respect to all rules and formalities in connection with importation and exportation and charges to which customs clearing operations may be subject; any advantage, favour, privilege or immunity granted by either of the Contracting Parties to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territory of the other Contracting Party. ,

Article VI

The Provisions of Article V shall not, however, apply to the grant or continuance of any-

(a) advantages, favours, privileges or immunities accorded by either of the Contracting Parties to contiguous countries or resulting from any customs union or free trade area to which either of the Contracting Parties is or may become a party;

(b) advantages, favours, privileges or immunities accorded by India to any country existing on the date of this Agreement or in replacement of such preferences or advantages that existed prior to the 15th August, 1947; and

(c) advantages, favours, privileges or immunities granted by Iraq to any Arab State or Country detached from the Ottoman Empire by the Treaty of Lausanne of 1923.

Article VII

Ships belonging to either of the two Contracting Parties shall be accorded, in the ports of the other Party, the usual facilities in respect of bunkering and other services and the customary treatment in respect of duties or charges of tonnage, harbour, pilotage, light houses or other analogous duties or charges levied in the ports of either Contracting Party, in no way less favourable than the treatment accorded to ships of any other foreign country, except that any concessions made to ships engaged in the coasting trade of either Party shall not be available under this Article to the other Party.

Article VIII

The Contracting Parties also agree that if either of them establishes or maintains a State enterprise, wherever located or grants to any enterprise or agency, formally or in effect, exclusive or special privileges, such enterprise or agency shall not in its purchases and sales, involving either imports or exports (other than import of products purchased for Governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial sale) act in such a manner as will nullify or impair any benefit accruing to the other Contracting Party under any of the provisions of this Agreement.

Article IX

During the currency of this Agreement the Contracting Parties agree, in order to facilitate the execution of the Agreement, to consult each other in respect of any matters arising from or in connection with the supply of goods between the two countries.

Article X

This Agreement shall be subject to the approval of the two Governments and shall come into force from the date fixed by the Contracting Parties within sixty days of the date of signature. It shall remain in force until the 31st day of December, 1954, and for such successive periods as may be mutually agreed upon before its expiry.

DONE, in duplicate at BAGHDAD, this sixth day of May, 1953, A.D., corresponding to the twenty-second day of Shaban, 1372 Hijri,

in English, Arabic and Hindi, all three texts being equally authentic, except in the case of doubt when the English text shall prevail. KHUB CHAND DHIA JAIFAR

For and on behalf of the For and on behalf of the Government of India. Royal Iraqi Government. SCHEDULE IN EXPORTS FROM IRAQ

I. Animals, live Horses Mules

II Cotton, long staple

III. Dates

IV. Foodgrains Barley Millets Pulses Rice Wheat Other foodgrains including Beans, etc. V. Gallnuts

VI. Hides and Skins, light-weight.

SCHEDULE B

EXPORTS FROM INDIA

Food and Agriculture products 1. Fruits, fresh including mangoes and bananas 2. Fruits, preserved or tinned and fruit juice 3. Spices 4. Tamarind 6. Tea 6. Vegetable Oils

Timber and related products 1. Plywood 2. Wood and timber

III. Textiles 1. Coir and coir manufactures 2. Cotton manufactures, including sheeting, towels, under- wear, kerchiefs, hosiery, etc., except apparel in khaki and olivegreen colours. 3. Cotton piece-goods 4. Cotton, raw 5. Cotton yarn and thread (except counts 6 to 28 and 80's and above) 6. Furnishing fabrics 7. Jute manufactures, including hessian, gunny bags, matting, etc. 8. Leather cloth 9. Rayon piece-goods and apparel etc. 10. Twine, cabling and cordage other than cotton and manila. 11. Wool, raw 12, Woollen manufactures, excluding yarn

IV. Fibres and Bristles 1. Bristles and hair 2. Palmyra fibre

V. Rubber products 1. Tarres and tubes 2. Other rubber products except hard rubber battery containers

VI. Hides and skins and related products 1. Leather for soles and uppers 2. Leather manufactures 3. Myrobalan

VII. Ceramics, Pottery, Glassware and allied industries. 1. Chinaware 2. Glass products, including tableware, beads, bottles, etc. excluding thermos flasks and bottles of crowncork pattern 3. Low tension electric porcelain insulators 4. Sanitary appliances, fixed 5. Tiles

VIII. Art, Handicrafts andjewellery 1. Art goods 2. Artificial jewellery 3. Cottage industries products 4. Handloom. products 5. Sport goods 6. Toys

IX Chemicals and related products 1. Drugs and medicines of indigenous origin 2. Dyes, coal tar dyes and colours processed and repacked 3. Gums except gum Arabic 4. Paints and varnishes 5. Soap 6. Toilet requisites including cosmetics, perfurneries, face creams, face powders, etc.

X. Minerals and ores 1. Coke

XI. Machinery and metal products 1. Agricultural machinery 2. Bicycles and bicycle parts 3. Diesel engines 4. Dry cells

5. Electric bulbs 6. Electric fans 7. Electrical machinery and parts including motors 8. Electric materials except insulating material, instruments to apparatus 9. Hardware and cutlery 10. Hurricane lanterns 11.Madhinetools 12. Miscellaneous machinery and parts of indigenous manufacture 13. Motor vehicle batteries 14. Paper cutting machines 15. Sewing machines 16. Surgical instruments 17. Telephone equipment 18. Textile machinery including carding engines 19. Water pumps

XII. Iron and steel and their products 1. Iron and steel manufactures, including cast iron pans, other cast iron castings, builders hardware, galvanised iron locks, weights, measures, moulds, pulleys, weighing machines, fire extinguishers, etc. 2. Pruning knives 3. Safety razor blades 4. Sprayers and dusters

XIII.Miscellaneous 1. Abrasives 2. Belting 3. Birds 4. Films, exposed 5. Linoleum 6. Stones, precious and semiprecious.

TRADE AGREEMENT EXTENDED (1954) EXCHANGE OF LETTER, 22 DECEMBER 1954 EMBASSY OF INDIA, BAGHDAD.

No. 43-COM/54. December 22, 1954

Your EXCELLENCY,

I have the honour to refer to Article X of the Trade Agreement concluded between the Government of India and the Royal Iraqi Government on the 6th May 1953, and to our recent discussions, and to inform your Excellency of the Government of India's desire to extend the said Agreement for a period of one year commencing on the 1st January 1955. I should be grateful if your Excellency is able to confirm that the Royal Iraqi Government concur with the above proposal. With renewed assurances of my highest consideration.

Yours sincerely, (Sd.) KHUB CHAND. Envoy Extraordinary and Minister Plenipotentiary.

His Excellency Dr. NADIM AL-PACHACHI,

Minister of Economics, Government of Iraq, Baghdad.

GOVERNMENT OF IRAQ

MINISTRY OF ECONOMICS December 22, 1954 No.10682.

Your EXCELLENCY, I have the honour to acknowledge receipt of your letter of today's date, which reads as follows (Not printed)

2. 1 confirm that the Royal Iraqi Government concur with the proposal set out in the letter above.

With renewed assurances of my highest consideration.

Yours sincerely, (Sd.) NADim PACHACHI. (NADIM AL-PACHACHI) Minister of Economics

His Excellency Mr. KHUB CHAND,

Envoy Extraordinary and Minister Plenipotentiary of India, Baghdad.

FURTHER EXTENSION (1956) EXCHANGE OF LETTERS, 4 JANUARY 1956 Letter No. 43-Com/54, dated the 4th January, 1956 from Shri R.S. Mani, Ambassador of India, Baghdad, to His Excellency Dr. Nadim al-Pachachi, Minister of Economics, Government of Iraq, Baghdad.

I have the honour to refer to Article X of the Trade Agreement concluded between the Government of India and the Royal Iraqi Government on the 6th May 1953, and to our recent discussions, and to inform your Excellency of the Government of India's desire that the said agreement, which was last extended up to 31st December, 1955, by an exchange of letters, dated the 22nd December, 1954, be further extended for a period of one year commencing on the 1st January, 1956. I should be grateful if your Excellency is able to confirm that the

Royal Iraqi Government concur with the above proposal. With renewed assurances of my highest consideration. Letter No. 94, dated the 4th January, 1956 from Shri Nadim at-Pachachi, Minister of Economics, Government of Iraq, to His Excellency Shri R.S. Mani, Ambassador of India, Baghdad. I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :- (Not printed) I confirm that the Royal Iraqi Government concur with the proposal set out in the letter above. With renewed assurances of my highest consideration.

EXTENSION UP TO DECEMBER 31, 1957 EXCHANGE OF LETTERS, 5 MARCH 1957 No. 26(24)-Com./56. March 5th, 1957 EXCELLENCY, I have the honour to refer to Article X of the Trade Agreement concluded between the Government of India and Royal Iraqi 'Government on the 6th May, 1953, and to our recent discussions, and to inform your Excellency of the Government of India's desire that the said Agreement, which was last extended up to 31st December, 1956, by an exchange of letters, dated 4th January, 1956, be further extended for a period of one year commencing on the 1st January, 1957. I shall be grateful if your Excellency is able to confirm that the Royal Iraqi Government concur with the above proposal. With renewed assurances of my highest consideration. -

Yours sincerely, (Sd.) R.S. MANI Ambassador of India

His Excellency Dr. NADim AL-PACHACHI. Minister of Economics, Government of Iraq, Baghdad.

GOVERNMENT OF IRAQ

MINISTRY OF ECONOMICS

Baghdad, March 5th, 1957

Your EXCELLENCY,

I have the honour to acknowledge receipt of your letter of today's iate, which reads as follows : "I have the honour to refer to Article X of the Trade Agreement !oncluded between the Government of India and Royal Iraqi grovernment on the 6th May, 1953, and to our recent discussions, and inform your Excellency of the Government of India's desire that the said Agreement, which was last extended up to 31st December, 1956, by an exchange of letters, dated 4th January, 1956, be further extended for a period of one year commencing on the First January, 1957". "I should be grateful if your Excellency is able to confirm that the Royal Iraqi Government concur with the above proposal". "With renewed assurances of my highest consideration". I confirm that the Royal Iraqi Government concur with the proposal set out in the letter above. With renewed assurances of my highest consideration.

Yours sincerely,

(Sd.) NADIM AL-PACHACHI, Minister of Economics.

His Excellency Mr. R.S. MANI, Ambassador of India, Baghdad.