890.0145/10–2048: Telegram

The Acting Secretary of State to the Legation in Saudi Arabia

secret

399. Following is proposed text draft proclamation1 re scientific demarcation of Persian Gulf as among littoral states which has been worked out jointly by US and Brit Govts for submission these states for their consideration:

Whereas it has become technically possible to utilize the natural resources of the sea bed and subsoil beneath shallow seas;

Whereas it is desirable in the interest of protection, conservation and orderly development that the exploitation of such resources should be controlled;

Whereas it is just that the sea bed and subsoil extending to a reasonable distance from the coasts should appertain to and be controlled by the Maritime State to which it is adjacent;

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Whereas the right of a maritime state to exercise its control over the natural resources of the sea bed and subsoil adjacent to its coasts has been established in international practice by the action of other states;

Now, therefore, we __________, the __________ of __________, in pursuance of all powers enabling us in that behalf, are pleased to proclaim, and it is hereby proclaimed, as follows:

1.
The _______ of ______ hereby declares that the sea bed and subsoil lying beneath the high seas of the Persian Gulf contiguous to the territorial waters of the _____ of _____ and within the area defined below appertain to the _____ of _____ and are subject to its exclusive jurisdiction and control. The area is that bounded:
(a)
To the South and North by the outer limits of the Territorial Sea and a line extending lengthwise in the center of the said Gulf (hereinafter called the median line), and
(b)
To the East and West by lines extending from the Eastern and Western limits of the Territorial Waters of the _______ of _______ to the median line which lines are subsequently to be more precisely defined in agreement with the rulers or govts of adjacent states in accordance with equitable principles.
2.
Nothing in this proclamation shall be deemed to affect sovereignty over islands or the status of the sea bed and subsoil beneath any territorial waters, or to prejudice _____’s rights in the sea bed or subsoil of waters contiguous to its territorial waters elsewhere than in the Persian Gulf.
3.
Nothing in this proclamation shall be deemed to affect the air or the character as high seas of the waters of the Persian Gulf above the sea bed and outside the limits of territorial waters.
4.
Nothing in this proclamation shall be deemed to affect any fishing or pearling rights.”

Plan is for US followed by UK to propose this to SAG and UK submit it to protected Sheikdoms at same time. Two weeks later US and Brit Ambs will make parallel approaches Govts of Iraq and Iran. Separate instructions full details to follow.

Hold matter in strictest secrecy and take no action re proclamation except consultation with your Brit colleague pending receipt specific instructions for carrying out above-mentioned plan.2

Lovett
  1. Mr. Satterthwaite had sent the draft proclamation to Mr. Lovett for approval with his memorandum of October 7. On October 18, he had sent a further memorandum caning attention to the “urgency” of approval now that Aramco had signed an agreement with Saudi Arabia regarding offshore oil. Mr. Lovett gave his approval in a marginal notation on the memorandum of October 7 (890.0145/10–748).
  2. This telegram was repeated to Baghdad, Cairo, London, and Tehran.