Treaty Concerning the State Frontier and Neighbourly Relationships between Iran and Iraq

Done 6 March 1975 in Baghdad; in force 22 June 1976

His Imperial Majesty the Shahinshah of Iran,
His Excellency the President Of the Republic of Iraq.

Considering die sincere desire of the two Parties as expressed in the Algiers Communique of 6 March 1975, to achieve a final and lasting solution to all the problems pending between the two countries,

Considering that the two Parties have carried out the definitive redemarcation of their land frontier on the basis of the Constantinople Protocol of 1913 and the minutes of the meetings of the Frontier Delimitation Commission of 1914 and have delimited their river frontier along the thalweg,

Considering their desire to restore security and mutual trust throughout the length of their common frontier,

Considering the ties of geographical proximity, history, religion, culture and bind the peoples of Iran and Iraq,

Desirous of strengthening their bonds of friendship and good neighbourliness, expanding their economic and cultural relations and promoting exchanges and human relations between their peoples on the basis of the principles of territorial integrity, the inviolability of frontiers and non‑interference in internal affairs,

Resolved to work towards the introduction of a new era in friendly relations between Iran and Iraq based on full respect for the national independence and sovereign equality of States, Convinced that they are helping thereby to implement the principles and achieve the purposes and objectives of the Charter of the United Nations,

Have decided to conclude this Treaty and have appointed as their plenipotentiaries: His Imperial Majesty the Shahinshah of Iran: His Excellency Abbas Ali Khalatbary, Minister for Foreign Affairs of Iran;

His Excellency the President of the Republic of Iraq: His Excellency Saadoun Hamadi, Minister for Foreign Affairs of Iraq,

who, having exchanged their full powers, found to be in good and due form, have agreed as follows:

Article 1. The High Contracting Parties confirm that the State land frontier between Iraq and Iran shall be that which has been redemarcated on the basis of and in accordance with the provisions of the Protocol concerning the redemarcation of the land frontier, and the annexes thereto, attached to this Treaty.

Article 2. The High Contracting Parties confirm that the State frontier in the Shatt al'Arab shall be that which has been delimited on the basis of and in accordance with the provisions of the Protocol concerning the delimitation of the river frontier, and the annexes thereto, attached to this Treaty.

Article 3. The High Contracting Parties undertake to exercise strict and effective permanent control over the frontier in order to put an end to any infiltration of a subversive nature from any source, on the basis of and in accordance with the provisions of the Protocol concerning frontier security, and the annex thereto, attached to this Treaty.

Article 4. The High Contracting Parties confirm that the provisions of the three Protocols, and the annexes thereto, referred to in articles 1, 2 and 3 above and attached to this treaty as an integral part thereof shall be final and permanent. They shall not be infringed under any circumstances and shall constitute the indivisible elements of an over‑all settlement. Accordingly, a breach of any of the components of this over‑all settlement shall clearly be incompatible with the spirit of the Algiers Agreement.

Article 5. In keeping with the inviolability of the frontiers of the two States and strict respect for their territorial integrity, the High Contracting Parties confirm that the course of their land and river frontiers shall be inviolable, permanent and final.

Article 6. 1. In the event of a dispute regarding the interpretation or implementation of this Treaty, the three Protocols or the annexes thereto, any solution to such a dispute shall strictly respect the course of the Iraqi‑Iranian frontier referred to in articles 1 and 2 above and shall take into account the need to maintain security on the Iraqi‑Iranian frontier in accordance with article 3 above.

2. Such disputes shall be resolved in the first instance by the High Contracting Parties by means of direct bilateral negotiations to be held within two months after the date on which one of the Parties so requested.

3. If no agreement is reached, the High Contracting Parties shall have recourse, within a three‑month period, to the good offices of a friendly third State.

4. Should one of the two Parties refuse to have recourse to the good offices or should the good‑offices procedure fail, the dispute shall be settled by arbitration within a period of not more than one month after the date of such refusal or failure.

5. Should the High Contracting Parties disagree as to the arbitration procedure, one of the High Contracting Parties may have recourse, within 15 days after such disagreement was recorded, to a court of arbitration.

With a view to establishing such court of arbitration each of the High Contracting Parties shall, in respect of each dispute to be resolved, appoint one of its nationals as arbitrators and the two arbitrators shall choose an umpire. Should the High Contracting Parties fail to appoint their arbitrators within one month after the date on which one of the Parties received a request for arbitration from the other Party, or should the arbitrators fail to reach agreement, on the choice of the umpire before that time‑limit expires, the High Contracting Party which requested arbitration shall be entitled to request the President of the International Court of Justice to appoint the arbitrators or the umpire, in accordance with the procedures of the Permanent Court of Arbitration. 4

6. The decision of the court of arbitration shall be binding on and enforceable by the High Contracting Parties.

7. The High Contracting Parties shall each defray half the costs of arbitration.

Article 7. This Treaty, the three Protocols and the annexes thereto shall be registered in accordance with Article 102 of the Charter of the United Nations.

Article 8. This Treaty, the three Protocols and the annexes thereto shall be ratified by each of the High Contracting Parties in accordance with its domestic law.

This Treaty, the three Protocols and the annexes thereto shall enter into force on the date of the exchange of the instruments of ratification in Tehran.

IN WITNESS WHEREOF the Plenipotentiaries of the High Contracting Parties have signed this Treaty, the three Protocols and the annexes thereto,

DONE at Baghdad, on 13 June 1975.

[Signed] [Signed]

ABBAS-ALI KHALATBARY SAADOUN HAMADI

Minister for Foreign Affairs Minister for Foreign Affairs of Iran of Iraq

This Treaty, the three Protocols and the annexes thereto were signed in the presence of His Excellency Abdel‑Aziz Bouteflika, Member of the Council of the Revolution and Minister for Foreign Affairs of Algeria.

[Signed]

Protocol Concerning the Delimitation of the River Frontier Between Iran and Iraq

Pursuant to the decisions taken in the Algiers Communique of 6 March 1975,

The two Contracting Parties have agreed as follows:

Article 1. The two Contracting Parties hereby declare and recognize that the State river frontier between Iran and Iraq in the Shatt al'Arab has been delimited along the thalweg by the Mixed Iraqi‑Iranian‑Algerian Committee on the basis of the following:

1. the Tehran Protocol of 17 March 1975,

2. the record of the Meeting of Ministers for Foreign Affairs, signed at Baghdad on 20 April 1975, approving, inter alia, the record of the Committee to Delimit the River Frontier, signed on 16 April 1975 on board the Iraqi ship El Thawra in the Shatt al'Arab;

3. common hydrographic charts which have been verified on the spot and corrected and on which the geographical co-ordinates of the 1975 frontier crossing points have been indicated; these charts have been signed by the hydrographic experts of the Mixed Technical Commission and countersigned by the heads of the Iranian, Iraqi and Algerian delegations to the Committee. The said charts, listed hereinafter, are annexed to this Protocol and form an integral part thereof:

Chart No. 1, Entrance to Shatt al'Arab, No. 3842, published by the British Admiralty;
Chart No. 2, Inner Bar to Kabda Point, No. 3843, published by the British Admiralty;
Chart No. 3, Kabda Point to Abadan, No. 3844, published by the British Admiralty;
Chart No. 4, Abadan to Jazirat Ummat Tuwayiah, No. 3845, published by the British Admiralty.

Article 2. 1. The frontier line in the Shatt al'Arab shall follow the thalweg, i.e., the median line of the main navigable channel at the lowest navigable level, starting from the point at which the land frontier between Iran and Iraq enters the Shatt al'Arab and continuing to the sea.

2. The frontier line, as defined in paragraph 1 above, shall vary with changes brought about by natural causes in the main navigable channel. The frontier line shall not be affected by other changes unless the two Contracting Parties conclude a special agreement to that effect.

3. The occurrence of any of the changes referred to in paragraph 2 above shall be attested jointly by the competent technical authorities of the two Contracting Parties.

4. Any change in the bed of the Shatt al'Arab brought about by natural causes which would involve a change in the national character of the two States' respective territory or of landed property, constructions, or technical or other installations shall not change the a course of the frontier line, which shall continue to follow the thalweg in accordance with the provisions of paragraph 1 above.

5. Unless an agreement is reached between the two Contracting Parties concerning the transfer of the frontier line to the new bed, the water shall be re‑directed at the joint expense of both Parties to the bed existing in 1975 – as marked on the four common charts listed in article 1, paragraph 3, above‑should one of the Parties so request within two years after the date on which the occurrence of the change was attested by either of the two Parties. Until such time, both Parties shall retain their previous rights of navigation and of user over the water of the new bed.

Article 3. 1. The river frontier between Iran and Iraq in the Shatt al'Arab, as defined in article 2 above, is represented by the relevant line drawn on the common charts referred to in article 1, paragraph 3. above.

2. The two Contracting Parties have agreed to consider that the river frontier shall end at the straight line connecting the two banks of the Shatt al'Arab, at its mouth, at the astronomical lowest low‑water mark. This straight line has been indicated on the common hydrographic charts referred to in article 1, paragraph 3, above.

Article 4. The frontier line as defined in articles 1, 2 and 3 of this Protocol shall also divide vertically the air space and the subsoil.

Article 5. With a view to eliminating any source of controversy, the two Contracting Parties shall establish a Mixed Iraqi-Iranian Commission to settle, within two months, any questions concerning the status of landed property, constructions, or technical or other installations, the national character of which may be affected by the .delimitation of the Iranian-Iraqi river frontier, either through repurchase or compensation or any other suitable arrangement.

Article 6. Since the task of surveying the Shatt al'Arab has been completed and the common hydrographic chart referred to in article 1, paragraph 3, above has been drawn up, the two Contracting Parties have agreed that a new survey of the Shatt al'Arab shall be carried out jointly, once every 10 years, with effect from the date of signature of this Protocol. However, each of the two Parties shall have the right to request new surveys, to be carried out jointly, before the expiry of the 10-year period.

The two Contracting Parties shall each defray half the cost of such surveys.

Article 7. 1. Merchant vessels, State vessels and warships of the two Contracting Parties shall enjoy freedom of navigation in the Shatt al'Arab and in any part of the navigable channels in the territorial sea which lead to the mouth of the Shatt al'Arab, irrespective of the line delimiting the territorial sea of each of the two countries.

2. Vessels of third countries used for purposes of trade shall enjoy freedom of navigation, on an equal and non-discriminatory basis, in the Shatt al'Arab and in any part of the navigable channels in the territorial sea which lead to the mouth of the Shatt al'Arab, irrespective of the line delimiting the territorial sea of each of the two countries.

3. Either of the two Contracting Parties may authorize foreign warships visiting its ports to enter the Shatt al'Arab, provided such vessels do not belong to a country in a state of belligerency, armed conflict or war with either of the two Contracting Parties and provided the other Party is so notified no less than 72 hours in advance.

4. The two Contracting Parties shall in every case refrain from authorizing the entry to the Shatt al'Arab of merchant vessels belonging to a country in a state of belligerency, armed conflict or war with either of the two Parties.

Article 8. 1. Rules governing navigation in the Shatt al'Arab shall be drawn up by a mixed Iranian‑Iraqi Commission, in accordance with the principle of equal rights of navigation for both States.

2. The two Contracting Parties shall establish a commission to draw up rules governing the prevention and control of pollution in the Shatt al'Arab.

3. The two Contracting Parties undertake to conclude subsequent agreements on the questions referred to in paragraphs 1 and 2 of this article.

Article 9. The two Contracting Parties recognize that the Shatt al'Arab is primarily an international waterway, and undertake to refrain from any operation that might hinder navigation in the Shatt al'Arab or in any part of those navigable channels in the territorial sea of either of the two countries that lead to the mouth of the Shatt al'Arab.

DONE at Baghdad, on 13 June 1975.

[Signed] [Signed]

ABBAS‑ALI KHALATBARY SAADOUN HAMADI
Minister for Foreign Affairs Minister for Foreign Affairs of Iran of Iraq

Signed in the presence of
His Excellency ABDEL-AZIZ BOUTEFLIKA
Member of the Council of the Revolution and Minister for Foreign Affairs of Algeria

[Signed]

Protocol Concerning the Redemarcation of the Land Frontier Between Iran and Iraq

Pursuant to the provisions of the Algiers Comniunique of 6 March 1975. The two Contracting Parties have agreed as follows:

Article 1. A. The two Contracting Parties affirm and recognize that the redemarcation of the State land frontier between Iran and Iraq was a field operation performed by the mixed Iraqi-Iranian-Algerian Committee on the basis of the following:

1. the Constantinople Protocol of 1913 and the minutes of the meetings of the 1914 Commission to delimit the Turco-Persian frontier;

2. the Tehran Protocol dated 17 March 1975;

3. the record of the meeting of Ministers for Foreign Affairs, signed at Baghdad on 20 April 1975 and approving, inter alia, the record of the Committee to Demarcate the Land Frontier, signed at Tehran on 30 March 1975;

4. the record of the meeting of Ministers for Foreign Affairs, signed at Algiers on 20 May 1975;

5. the descriptive record of operations in the demarcation of the land frontier between Iran and Iraq, prepared by the Committee to Demarcate the Land Frontier and dated 13 June 1975; the record constitutes annex 1 and is an integral part of this Protocol;

6. maps 14 on the scale 1:50,000 indicating the land frontier line and the positions of the old an new frontier marks; the maps constitute annex 2 and are an integral part of this Protocol;

7. record cards of the old and new frontier marks;

8. a document giving the co-ordinates of the frontier marks;

9. aerial photographs of the Iraqi-Iranian frontier strip indicating the positions of the old and new frontier marks.

B. The two Parties undertake to complete the demarcation of the frontier between frontier marks No. 14A and No. 15 within two months.

C. The two Contracting Parties shall co‑operate in producing aerial photographs of the Iranian-Iraqi land frontier with a view to using them in plotting the frontier on maps on the scale 1:25,000, indicating the positions of the frontier marks. This work shall be completed within a period not exceeding one year, with effect from 20 May 1975, and shall be without prejudice to the entry into force of the Treaty of which this Protocol is an integral part.

The descriptive record relating to the land frontier and referred to in paragraph 5 above shall be amended accordingly.

The maps produced pursuant to the present section C shall supersede all existing maps.

Article 2. The State land frontier between Iraq and Iran shall follow the line indicated in the descriptive record and the maps referred to respectively in paragraphs 5 and 6 of article 1 above, due regard being had to the provisions of section C of that article.

Article 3. The frontier line defined in articles 1 and 2 of this Protocol shall also divide vertically the air space and the subsoil.

Article 4. The two Contracting Parties shall establish a Mixed Iraqi‑Iranian Commission to settle, in a neighbourly and co-operative spirit, the status of landed property, constructions, or technical or other installations whose national character may be changed by the redemarcation of the land frontier between Iraq and Iran. Such settlement shall be by means or repurchase, compensation or any other appropriate formula, with a view to eliminating any source of litigation.

The Commission shall settle the status of State property within two months. Claims concerning private property shall be submitted to it within two months. The status of this private property shall be settled within the following three months.

Article 5. 1. A Mixed Commission composed of representatives of the competent authorities of the two States shall be established to inspect the frontier marks and determine their condition.

The Commission shall make this inspection annually, in September, in accordance with a timetable which it shall prepare beforehand within an appropriate period of time.

2. Either Contracting Party may request the other in writing to have the Commission carry out, at any time, an additional inspection of the frontier marks. In the event of such a request, the inspection shall be made within a period not exceeding 30 days after the date of the request.

3. Whenever an inspection is made, the Mixed Commission shall prepare the relevant reports and submit them under its signature to the competent authorities of each of the two States. The Commission may, if need be, call for the construction of new frontier marks according to the specifications of the existing ones, provided that the course of the frontier line is not thereby altered. Where new frontier marks are constructed, the competent authorities of the two States shall check the frontier marks and their co-ordinates against the relevant maps and documents referred to in article 1 of this Protocol. The authorities shall then position the frontier marks under the supervision of the Mixed Commission, which shall prepare a record of the operation and submit it to the competent authorities of each of the two States so that it may be annexed to the documents referred to in article 1 of this Protocol.

4. The two Contracting Parties shall be jointly responsible for the maintenance of the frontier marks.

5. The Mixed Commission shall be responsible for replacing displaced frontier marks and reconstructing destroyed or missing marks, on the basis of the maps and documents referred to in article 1 of this Protocol, taking care not to alter, under any circumstances, the position of the marks. In such cases, the Mixed Commission shall prepare a record of the operation and submit it to the competent authorities of each of the two States.

6. The competent authorities of each of the two States shall exchange information on the condition of the frontier marks with a view to finding the best ways and means of protecting and maintaining them.

7. The two Contracting Parties undertake to take all necessary steps to protect the frontier marks and prosecute individuals who have moved, damaged or destroyed them.

Article 6. The two Contracting Parties have agreed that the provisions of this Protocol, signed without any reservation, shall henceforth govern any matter relating to the frontier between Iran and Iraq. On this basis, they solemnly undertake to respect their common and definitive frontier.

DONE at Baghdad, on 13 June 1975.

[Signed] [Signed]

ABBAS‑ALI KHALATBARY SAADOUN HAMADI
Minister for Foreign Affairs Minister for Foreign Affairs of Iran of Iraq

Signed in the presence of
His Excellency ABDEL-AZIZ BOUTEFLIKA
Member of the Council of the Revolution
Minister for Foreign Affairs of Algeria

[Signed]

Description of the Iranian-Iraq Frontier (1975)
Annex I to the Protocol Concerning the Redemarcation of the Land Frontier
Between Iran and Iraq

After following the thalweg of the Shatt al'Arab from the sea to the compliance of the Nahr Al Khayin, the Iranian‑Iraqi land frontier shall continue in the Nahr Al Khayin (frontier mark No. 1).

From mark No. 1 to mark No. 1/1: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1/1 to mark No. 1/2: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /3 to mark No. 1/4: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /4 to mark No. 1/5: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /5 to mark No. 1/6: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /6 to mark No. 1/7: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /7 to mark No. 1/8: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /8 to mark No. 1/9: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /9 to mark No. 1/10: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /10 to mark No. 1/11: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /11 to mark No. 1/12: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /12 to mark No. 1/13: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /13 to mark No. 1/4: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /14 to mark No. 1/15: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /15 to mark No. 1/16: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /17 to mark No. 1/18: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /18 to mark No. 1/19: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /19 to mark No. 1/20: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /20 to mark No. 1/21: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1/21 to mark No. 1/22: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /22 to mark No. 1/23: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /23 to mark No. 1/24: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 1 /24 to mark No. 2: the frontier shall follow the median water line of the Nahr Al Khayin.

From mark No. 2 to mark No. 3: the frontier shall follow a straight line.

From mark No. 3 to mark No. 4: the frontier shall follow a straight line.

From mark No. 4 to mark No. 4/1: the frontier shall go in a straight line to the north.

Mark UTM co-ordinates Geographical co‑ordinates Distance

No. E N 4 A (meters) Azimuth

124 492225 4085810 36 55 04 44 54 46 3380 154 03 56

124/A 490750 4088850 36 56 42 44 53 46 2020 147 16 13

124/1 489660 4090550 36 57 37 44 53 02 3945 195 58 30

124/2 490750 4094340 36 59 40 44 53 46 1390 211 23 47

124/3 491475 4095525 37 00 19 44 54 15 649 195 35 08

124/4 491650 4096150 37 00 39 44 54 22 1487 160 17 24

125 491175 4097575 37 01 26 44 54 03 4109 114 00 32

125/1 487400 4099225 37 02 19 44 51 30 577 174 56 40

125/2 487350 4099800 37 02 37 44 51 28 3539 85 02 59

125/3 483825 4099500 37 02 28 44 49 05 1894 137 33 59

125/4 482550 4100900 37 03 13 44 48 14 3527 138 37 09

125/5 480225 4103550 37 04 39 44 46 39 1859 197 04 55

125/6 480775 4105325 37 05 36 44 47 01 4403 135 19 47

125/7 477688 4109462 37 07 18 44 44 56 1776 232 32 24

125/8 479100 4109538 37 07 53 44 45 53 667 173 23 42

125/9 479025 4110200 37 08 14 44 45 50 978 248 52 56

125/10 479938 4110550 37 08 26 44 46 271065 237 36 23

125/11 480838 4111118 37 08 44 44 47 03 513 195 22 21

125/12 480975 4111612 37 09 00 44 47 09

RECORD

In connexion with the description of the Iranian-Iraqi land frontier annexed to the Protocol concerning the redemarcation of the land frontier between Iran and Iraq, of 13 June 1975, the undersigned representatives of Iran and Iraq, duly empowered, have reached agreement on the following arrangements:

1. With regard to the description of the course of the frontier between mark No. 101 and mark No. 101/1, it has been agreed that the frontier line shall run between two springs bearing the same name "Chiftekan".

Accordingly, the description set out in annex 1 to the Protocol concerning the redemarcation of the land frontier, which reads:

"It shall go in a straight line to a point situated between two springs bearing the same name "Chiftekan", whence it shall ascend in a straight line to the crest of Sour Koh mountain", signifies that the frontier line shall run between the two springs, which lie approximately five metres apart.

The existing arrangements for sharing the waters of the two springs (12 hours for Iran and 12 hours for Iraq in any 24-hour period) shall continue to apply.

The representatives of the two Parties deem it desirable to erect one or two additional marks between mark No. 101 and mark No. 101/1, in order to delineate more clearly the course of the frontier.

2. The description of the frontier between mark No. 81 and mark No. 82 set out in annex I to the Protocol concerning the redemarcation of the land frontier between Iran and Iraq, which reads:

"it shall then climb the Dere-i-Tekkiyeh ravine, skirting the orchards situated therein in such a way as to leave them in Persian territory. From the point where these orchards end, it shall follow the thalweg of the ravine. . . "

specifically provides that the frontier shall skirt all existing orchards, thus leaving them in Iranian territory. The representatives of the two Parties have agreed on the erection of six additional marks in order to delineate more clearly the course of the frontier.

3. The erection of the additional marks referred to in paragraphs I and 2 above shall be effected in situ by the duly authorized representatives of the two countries. The marks shall be constructed as soon as weather conditions permit.

DONE at Baghdad, on 26 December 1975.

For Iran:

[Signed] [Signed]

General EBRAHIM KHALVATI

For Iraq:

ALLADIN AL‑SAKKAL

Protocol Concerning Security on the Frontier Between Iran and Iraq

In accordance with the decisions contained in the Algiers Agreement of 6 March 1975,

Anxious to re-establish mutual security and trust throughout the length of their common frontier,

Resolved to exercise strict and effective control over that frontier in order to put an end to any infiltration of a subversive nature and, to that end, to establish close cooperation between themselves and to prevent any infiltration or illegal movement across their common frontier for the purpose of causing subversion, insubordination or rebellion,

Referring to the Tehran Protocol of 17 March 1975, the record of the meeting of Ministers for Foreign Affairs, signed at Baghdad on 20 April 1975, and the record of the meeting of Ministers for Foreign Affairs, signed at Algiers on 20 May 1975,

The two Contracting Panics have agreed as follows:

Article 1. 1. The two Contracting Parties shall exchange information on any movement by subversive elements who may attempt to infiltrate one of the two countries with a view to committing acts of subversion, insubordination or rebellion.

2. The two Contracting Parties shall take the necessary steps with regard to the movements of the elements referred to in paragraph 1 above.

They shall inform each other immediately of the identity of such persons, on the understanding that they shall do their utmost to prevent those persons from committing acts of subversion.

The same steps shall be taken with regard to any persons who may assemble within the territory of one of the two Contracting Parties with the intention of committing acts of subversion or sabotage in the territory of the other Party.

Article 2. The many forms of co‑operation established between the competent authorities of the two Contracting Parties relating to the closing of frontiers to prevent infiltration by subversive elements shall be instituted by the frontier authorities of the two countries and shall be pursued up to the highest levels in the Ministries of Defence, Foreign Affairs and the Interior of each of the two Parties.

Article 3. The infiltration points likely to be used by subversive elements are as follows:

1. Northern frontier zone: From the point of intersection of the Iranian, Turkish and Iraqi frontiers to (and including) Khanaqin-Qasr-e Shirin, 21 points.

2. Southern frontier zone: From (but not including) Khanaqin-Qasr-e Shirin to the end of the Iranian‑Iraqi frontier, 17 points.

3. The above infiltration points are named in the annex.

4. The points specified above shall be supplemented by any other infiltration point which may be discovered and will have to be closed and controlled.

5. All frontier crossing points except those currently controlled by the customs authorities shall be closed.

6. In the interests of promoting relations of all kinds between the two neighbouring countries, the two Contracting Parties have agreed that, in future, other crossing points controlled by the customs authorities shall be created by common consent.

Article 4. 1. The two Contracting Parties undertake to provide the necessary human and material resources to ensure the effective closure and control of their frontiers, so as to prevent any infiltration by subversive elements through the crossing points mentioned in article 3 above.

2. If, in the light of experience gained in this matter, experts should decide that more effective measures must be taken, the corresponding procedures shall be established at monthly meetings of the frontier authorities of the two countries or at meetings between those authorities, should the need arise.

The conclusions and records of such meetings shall be communicated to the higher authorities of each of the two Parties. Should there be disagreement between the frontier authorities, the heads of the administrations concerned shall meet in either Baghdad or Tehran to reconcile the points of view and draw up a record of the outcome of their meetings.

Article 5. 1. Any subversive persons who may be arrested shall be handed over to the competent authorities of the Party in whose territory they were arrested and shall be subject to the legislation in force.

2. The two Contracting Parties shall inform each another of the measures taken against persons referred to in paragraph 1 above.

3. Should subversive persons cross the frontier in an attempt to escape, the authorities of the other country shall be informed immediately and shall take all necessary steps to apprehend such persons.

Article 6. In case of need and where the two Contracting Parties so agree, entry to certain areas may be declared prohibited in order to prevent subversive persons from carrying out their intentions.

Article 7. In order to establish and promote co-operation which is mutually beneficial to both Parties, a permanent Mixed Committee comprising the heads of the frontier authorities and representatives of the Ministers for Foreign Affairs of the two countries shall be established and shall hold two sessions a year (at the beginning of each half of the calendar year).

At the request of one of the two Parties, however, special meetings may be held to consider how intellectual and material resources might be better used for the closure and control of the frontiers and to review the effectiveness and proper implementation of the basic provisions governing co-operation as provided for in this Protocol.

Article 8. The provisions of this Protocol relating to the closure and control of the frontier shall be without prejudice to the provisions of specific agreements between Iran and Iraq concerning grazing rights and frontier commissioners.

Article 9. With a view to guaranteeing the security of the common river frontier in the Shatt al'Arab and preventing the infiltration of subversive elements from either side, the two Contracting Parties shall take such appropriate steps as the installation of look-out posts and the detachment of patrol boats.

DONE at Baghdad, on 13 June 1975.

(Signed] [Signed]

ABBAS-ALI KHALATBARY
Minister for Foreign Affairs Minister for Foreign Affairs of Iran

SAADOUN HAMADI
Minister for Foreign Affairs Minister for Foreign Affairs of Iraq

Signed in the presence of
H.E. A.A. BOUTEFLIKA
Minister for Foreign Affairs of Algeria,

[Signed]

Annex to the Protocol Concerning Security on the Frontier Between Iran and Iraq

Infiltration points in the northern frontier zone

1. Rawanduz-Khaznah-Dalamper Dagh-Kessian-Reza'iyeh.

2. Rawindfuz-Seyedkan-Dorud-Kanirash-Mahabad.

3. Seyedkan-Baneh-Silveh-Mahabad.

4. Rawanduz-Galalah-Khaijarin-Tamarchin-Khaneh Piranshahr-Mahabad.

5. Qal'at Dizah-Shahedan-Suradizeh-Bardehpahn-Sardasht.

6. Qal'at Dizah-Helshou (Hiro)-Biuran-Sardasht.

7. As Sulaymaniyah-Mawat-Paveh-Doulkan-Sardasht.

8. As Sulaymaniyah-Chuwartah-Champarab-Buskan-Baneh.

9. Banjwin-Mishiav-Khoshdareh-Pasgahbastan-Saqqez-Mahabad.

10. Banjwin-Pahlavi Dezh-Baneh.

11. Banjwin-Bishmiq-Marivan-Sanandaj.

12. Banjwin-Tutman-Piranshah-Veisseh-Marivan-Sanandaj.

13. Sayyid Sadiq-Khurmal-Dezli-Marivan.

14. Halabjah-Tawilah-Nausud.

15. Halabjah-Dorouleh-Qal'eh Ji-Bayangan-Kermanshah.

16. Maydan-Baveysi.

17. Maydan-Chia Rida-Tappehrash-Sar Qal'eh.

18. Quraitu-Chia Surkh-Rezvar-Qal'eh Hovan-Tappehrash-Sar Qal'eh.

19. Khanaqin-Darah Khurma-Hosh Kori-Garmuk-Ahmadabad.

20. Khinaqin-Pelecheft-Karimabad-Qasr-e Shirin.

21. Khinaqin-Al Mansuriyah-Khosravi-Qasr-e Shirin.

Infiltration points in the southern zone

Stretching from (and including) Khosravi to (and excluding) Bavisseh, and comprising the following infiltration points:

1. Kani Baz-Zeynalkos (Zeynalkoch)-Tang-e Ab Kohneh.

2. Naknah-Sarband-Khanleyli-Dar Barru.

3. Charbagh-Pirali-Chicha Surkh-Khanleyli-Dar Barru.

4. Tapeshah-Tapeshiro-Mahalchador.

5. Mohammadkheder-Tappah Kal-Khanleyli-Dar Barru.

6. Khinaqin-Kani Masi-Naft Khaneh-Gomrok-Naft-e Shah.

7. Makatu-Miepich-Naft-e Shah.

8. Mandali-Gumessang (Wad-i-El-Horan)-Sumar.

9. El Eyn (Taktak)-Taktakmechki-Andjireh-Salehabad.

10. Badrah-Zurbatiyah-Eljabal-Kani Sakht-Mahalchador.

11. Badrah-Zurbdtiyah-Sodur-Konjan Cham-Ilam.

12. Badrah-Sadr El Arafat (Arafat)-Bahramabad-Mehran.

13. Al Kut-Shaykh Sa'ad-Shahabi-Changuleh.

14. Ali Gharbi-Chilat Aragh-Chilat Iran-Dehloran.

15. Ali Gharbi-Tayeb-Bayat-Mussian.

16. Al 'Amirah-Fake Aragh-Fakeh Iran-Shush-Ahvaz.

17. Al 'Amirah-Chib-Souble-Bostan-Susangerd.

18. Abudafleh-Talaiyyeh-Susangerd.

19. Abudafleh-Kushke Basre-Kushke Ahvaz-Ahvaz.

20. Basra Shalamcheh-Khorramshahr-Bandare Shahpur.

21. Basra At Tannumah-Hodud-Khorramshahr.

Addendum

Having reviewed the text of article 6, paragraph 5, of the Treaty concerning the State frontier and neighbourly relations between Iran and Iraq, signed at Baghdad on 13 June 1975, the two Contracting Parties have agreed on the following:

The last phrase of article 6, paragraph 5, of the above-mentioned Treaty, which reads "in accordance with the procedures of the Permanent Court of Arbitration", shall be deleted and the following paragraph added:

"If the President of the International Court of Justice is prevented from acting or is a national of one of the Parties, the arbitrators or umpire shall be appointed by the Vice-President. If the latter is prevented from acting or is a national of one of the Parties, the arbitrators or umpire shall be appointed by the eldest member of the Court who is not a national of either of the Parties.

"The Parties shall draw up a special agreement determining the subject of the dispute and (he procedure to be followed.

"if a special agreement has not been concluded within 15 days after the date on which the court of arbitration was constituted, or if the agreement contains insufficient information or details concerning the matters referred to in the preceding paragraph, the provisions of The Hague Convention for the Pacific Settlement of International Disputes, of 18 October 1907, shall, where necessary, be applied.

"in the absence of specific provisions in the special agreement, or where no agreement has been concluded, the court of arbitration shall apply the rules set forth in article 38 of the Statute of the International Court of Justice."

This addendum shall form an integral part of the Treaty concerning the State frontier and neighbourly relations between Iran and Iraq, signed at Baghdad on 13 June 1975, and shall be ratified at the same time as the aforementioned Treaty.

DONE at Baghdad, on 26 December 1975.

For the Imperial Government of Iran:

[Signed]

ABBAS-ALI KHALATBARY

For the Government of the, Republic of Iraq:

[Signed]

SAADOUN HAMADI

Record

The Minister for Foreign Affairs of Iran and the Minister for Foreign Affairs of Iraq,

Guided by the spirit of the Algiers Agreement of 6 March 1975 and in pursuance of the provisions of article 4 of the Protocol concerning the redemarcation of the land frontier between Iran and Iraq, signed at Baghdad on 13 June 1975, and of article 5 of the Protocol concerning the delimitation of the river frontier between Iran and Iraq, signed at Baghdad on the same date, as well as of the record of 26 December 1975, signed by the Ministers for Foreign Affairs of the two countries,

Desiring to effect a final settlement of all claims still pending between the two countries - whatever their nature or cause - which originated prior to the signing of this record,

Have agreed as follows:

1. The Iraqi Party shall grant to the Iranian Party, for a period of five years, the right to use, as formerly, the two floating docks belonging to Iran and situated in the Iraqi waters of the Shatt al'Arab, for a token rental fee of one Iraqi dinar per year. Upon the expiry of the above-mentioned period, the Iranian Party undertakes to remove the said floating docks in their entirety and, in so doing, not to hinder navigation in the Shatt al'Arab in any way.

2. The Iraqi Party undertakes to grant to all Iranian nationals having left Iraq since 1969 all the facilities necessary for them to sell any immovable property they may own under Iraqi law and to effect in favourable circumstances the transfer of any sums thus received, in accordance with Iraqi exchange control regulations.

3. Each Party shall compensate its own nationals for any damage they may suffer as a result of the transfer of landed property, constructions, or technical or other installations whose national character has been changed by the redemarcation of the land frontier or the delimitation of the river frontier between Iran and Iraq.

4. The two Parties consider this record as constituting a final and comprehensive settlement of all the above-mentioned claims, and as effecting full discharge thereof.

DONE at Tehran, on 22 June 1976, in two copies.

[Signed]

ABBAS-ALI KHALATBARY

Minister for Foreign Affairs of Iran

[Signed]

SAADOUN HAMADI

Minister for Foreign Affairs of Iraq

Exchange of Letters

Tehran, 22 June 1976

Sir,

On the occasion of the exchange of the instruments of ratification of the Treaty concerning the State frontier and neighbourly relations between Iraq and Iran and of the three attached Protocols, signed at Baghdad on 13 June 1975 as well as of the Agreements and the Record signed at Baghdad on 26 December 1975 and taking into account the record signed this day at Tehran concerning the final settlement of reciprocal claims, as well as for practical reasons, I have the honour to propose that the transfer of landed property, constructions, and public or private installations the national character of which has been changed by the redemarcation of the land frontier between Iraq and Iran should be effected within six months from this day under the supervision of a Mixed Commission composed of Iraqi and Iranian experts.

Each Party shall grant to the nationals of the other Party living in territory the national character of which has been changed by the said redemarcation, no less than two months and no more than six months from the date of transfer of the property referred to above in which to reach the territory of the State of which they are nationals.

Accept, Sir, etc.

[Signed]

SAADOUN HAMADI
Minister for Foreign Affairs of Iraq

His Excellency Mr. Abbas-Ali Khalatbary
Minister for Foreign Affairs of Iran

IIa

Tehran, 22 June 1976

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

[See letter Ia]

In conveying to you the Iranian Government's acceptance of the contents of the foregoing letter, accept, Sir, etc. [Signed]

ABBAS‑ALI KHALATBARY
Minister for Foreign Affairs of Iran
His Excellency Mr. Saadoun Hamadi
Minister for Foreign Affairs of Iraq

Tehran, 22 June 1976

Sir,

On the occasion of the exchange of the instruments of ratification of the Treaty concerning the State frontier and neighbourly relations between Iraq and Iran and of the three attached Protocols, signed at Baghdad on 13 June 1975, as well as the agreements and the record signed at Baghdad on 26 December 1975, I have the honour to inform you that the Government of the Republic of Iraq undertakes to facilitate the registration as soon as possible in the land registry of Baghdad under the name of the Iranian State, of all land, constructions and outbuildings currently belonging to the Iranian Embassy at Baghdad.

Accept, Sir, etc.

His Excellency Mr. Abbas-Ali Khalatbary

Minister for Foreign Affairs of Iran

[Signed]

SAADOUN HAMADI

Minister for Foreign Affairs of Iraq

IIb

Tehran, 22 June 1976

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

[See letter Ib]

Taking note of the contents of the foregoing letter, I wish to convey to you the thanks of the Government of Iran, etc.

His Excellency Mr. Saadoun Hamadi
Minister for Foreign Affairs of Iraq

ABBAS-ALI KHALATBARY
Minister for Foreign Affairs of Iran

Joint Iranian-Iraqi Communique

During the holding at Algiers of the Summit Conference of the States members of OPEC and on the initiative of President Boumediene, His Majesty the Shahinshah of Iran and His Excellency Mr. Saddam Hussein, Deputy Chairman of the Revolutionary Command Council of Iraq, met twice and held long talks on the subject of relations between Iran and Iraq.

These talks, which took place in the presence of President Boumediene, were marked by great frankness and were characterized by the sincere desire of the two Parties to achieve a final and lasting solution to all the problems pending between the two countries.

In accordance with the principles of territorial integrity, the inviolability of frontiers and non-interference in internal affairs, the High Contracting Parties took the following decisions:

1. They will proceed with the definitive demarcation of their land frontiers on the basis of the Constantinople Protocol of 1913 and the minutes of the Frontier Delimitation Commission of 1914;

2. They will delimit their river frontiers along the thalweg;

3. By so doing, they will restore mutual security and trust throughout the length of their common frontiers. They thus undertake to exercise strict and effective control over the frontiers with a view to the complete cessation of all subversive infiltration from either side;

4. The two Parties agreed to regard the above provisions as indivisible elements of an overall settlement and, accordingly, a breach of any of its component pans would clearly be incompatible with the spirit of the Algiers Agreement.

The two Parties will remain in constant contact with President Boumediene, who will, should the need arise, give Algeria's brotherly assistance in the implementation of the decisions reached.

The High Parties decided to renew the traditional bonds of good neighbourliness and friendship by, inter alia, eliminating all negative factors in their relations, by continually exchanging views on matters of common interest and by promoting mutual co-operation.

The two Parties solemnly declare that the region should remain free from any outside interference.

The Ministers for Foreign Affairs of Iran and Iraq will meet, in the presence of the Minister for Foreign Affairs of Algeria, on 15 March 1975 at Tehran in order to determine the methods of work of the Mixed Iranian-Iraqi Commission established by mutual agreement for the purpose of implementing the above decisions.

In accordance with the wish of the two Parties, Algeria will be invited to all meetings of the Mixed Iranian-Iraqi Commission.

The Mixed Commission will determine its timetable and methods of work and will meet, as necessary, alternately at Baghdad and Tehran.

His Majesty the Shahinshah accepted with pleasure the invitation addressed to him, on behalf of His Excellency President Ahmed Hassan El-Bakr, to make an official visit to Iraq; the date of this visit is to be agreed on.

His Excellency Mr. Saddam Hussein also agreed to make an official visit to Iran on a date to be agreed on by the two Parties.

His Majesty the Shahinshah and His Excellency the Deputy Chairman, Saddam Hussein, wished to address warm thanks in particular to President Houari Boumediene, who, inspired by brotherly and disinterested feelings, facilitated the establishment of direct contacts between the eminent leaders of the two countries and thereby contributed to the inauguration of a new era in relations between Iran and Iraq, in the higher interest of the future of the region concerned.

Algiers, 6 March 1975.

Protocol

Considering that during the Summit Conference of the States members of OPEC and on the initiative of President Boumediene, His Imperial Majesty Mohammad Reza Pahlavi, Aryamehr, Shahinshah of Iran, and His Excellency Mr. Saddam Hussein, Deputy Chairman of the Revolutionary Command Council of Iraq, held talks on the subject of relations between Iran and Iraq;

Considering that, in the course of those talks, the two Parties decided to seek a final and lasting solution between the two countries, on the basis of the inviolability of frontiers and noninterference in internal affairs, and, consequently, took the following decisions:

1. they will proceed with the definitive demarcation of their land frontiers on the basis of the Constantinople Protocol of 1913 and the minutes of the Frontier Delimitation Commission of 1914;

2. they will delimit their river frontiers along the thalweg;

3. by so doing, they will restore mutual security and trust throughout the length of their common frontiers. They thus undertake to exercise strict and effective control over the frontier with a view to the complete cessation of all subversive infiltration from either side;

4. the two Parties agreed to regard the above provisions as indivisible elements of an overall settlement and, accordingly, a breach of any of its component parts would clearly be incompatible with the spirit of the Algiers Agreement;

Considering that His Imperial Majesty Mohammad Reza Pahlavi, Shahinshah of Iran, and His Excellency Mr. Saddam Hussein decided to renew the traditional bonds of good neighbourliness and friendship by, inter alia, eliminating all negative factors in their relations, by continually exchanging views on matters of common interest and by promoting mutual co‑operation, and that they solemnly declared that the region should remain free from any outside interference;

Considering that the two Parties decided to establish, by mutual agreement, a Mixed Commission for the purpose of implementing and giving practical expression to the decisions reached at Algiers;

Considering that it was agreed that the Ministers for Foreign Affairs of Iran and Iraq would meet, in the presence of the Minister for Foreign Affairs of Algeria, on 15 March 1975 at Tehran in order to determine the methods of work of the Mixed Iranian-Iraqi Commission;

So, therefore, the Ministers for Foreign Affairs of Iran, Iraq and Algeria duly met at Tehran on 15 March 1975 and decided, as a first step, to establish the necessary procedures for effectively implementing the principles and achieving the objectives set forth in the Algiers Agreement.

I. To that end, they decided to establish the three Committees described hereunder:

1. Committee to Demarcate the Land Frontier between the two neighbouring countries. It shall be the mandate of this Committee to demarcate the common frontier, clearly pinpointing the positions of the old and new frontier marks, on the basis of the Constantinople Protocol of 1913 and the minutes of the meetings of the Delimitation Commission of 1914.

The following representatives shall be appointed to the Committee:

For the Iranian Party: Mr. Ezedine Kazemi, Ambassador, Head of the Legal Department, Ministry of Foreign Affairs;

For the Iraqi Party: Mr. Alaeddine El Sakkal, Director-General, Land Registry;
Mr. Abdul Hussein Al Katifi, Ambassador;

For Algeria: Mr. Ismail Hamdani, Under-Secretary-General of the Presidium of the Council;
Captain Mohamed Boualga, Director, National Cartographic Institute;

who shall be assisted by the requisite number of experts and technical staff. The Committee shall complete its task within a period of two (2) months.

2. Committee to Delimit the River Frontier between Iran and Iraq. The delimitation shall be made along the thalweg, from the point where the land frontier between the two States meets the Shatt al'Arab to the point where it reaches the sea.

The following representatives shall be appointed to this Committee:

For the Iranian Party; Mr. Sadegh Sadrieh, Director-General for Political Affairs, Ministry of Foreign Affairs;
Mr. Ezedine Kazemi, Ambassador, Head of the Legal Department, Ministry of Foreign Affairs;

For the Iraqi Party: Mr. Abdul Hussein Al Katifi, Ambassador, Ministry of Foreign Affairs;
Lieutenant-Colonel Abdul Jabbar Abbas Al Janabi;

For Algeria: Mr. Nadjib Boulbina, Director, Ministry of Foreign Affairs;
Lieutenant Boutagha, engineer;

Mr. Abdelkadir Ben Kaci, Director of Arab Affairs, Ministry of Foreign Affairs; who shall be assisted by the requisite number of experts and technical staff.

The Committee shall complete its task within a period of two (2) months.

3. The Military Committee. It shall be responsible for establishing the appropriate procedures for closing the common frontier as from 1 April 1975.

The following representatives shall be appointed to this Committee:

For the Iranian Party: Lieutenant-General Nasser Moghadam, Deputy Chief of Staff of the Iranian armed forces;

For the Iraqi Party: Lieutenant-General Adnan Abduljalil, Deputy Chief of Staff of the Iraqi armed forces;

For Algeria: Colonel Hadj Mohammed Zerguini, Inspector-General of the Algerian armed forces;
Captain Salah, engineer.

II. Co-ordination of the activities of the three (3) Committees and the supervision of their work shall be undertaken:

For the Iranian Party by: Mr. Gholam Reza Tajbakhsh, Political Under-Secretary of State, Ministry of Foreign Affairs;

For the Iraqi Party by: Mr. Mohamed Sabri El Hadithi, Under-Secretary of State for Foreign Affairs;

For Algeria by: Mr. Zerguini, Mr. Hamdani, Mr. Bem Kaci.

4. The Ministers for Foreign Affairs of Iran, Iraq and Algeria shall meet periodically, as necessary, at the request of one of the Parties concerned, at Baghdad, Algiers or Tehran, to assess the progress of the work of the above‑mentioned Committees.

III. The work of each of the three above‑mentioned Committees shall be endorsed in a final Protocol.

The three final Protocols shall constitute an indivisible whole.

IV. The two Parties shall conclude a treaty on the basis of the Algiers communique and the above‑mentioned Protocols (section 111). These Protocols, as an indivisible and integral part of the Treaty, shall be signed concurrently with the latter.

V. This Protocol is signed concurrently with the records of the proceedings and results of the first two meetings of the three (3) above-mentioned Committees.

DONE at Tehran, on 17 March 1975.

[Signed] [Signed]

ABBAS-ALi KHALATBARY SAADOUN HAMADI
Minister for Foreign Affairs Minister for Foreign Affairs of Iran of Iraq

ABDEL-AZIZ BOUTEFLIKA
Member of the Council of the Revolution,
Minister for Foreign Affairs,

[Signed]

IMPERIAL MINISTRY OF FOREIGN AFFAIRS

Record

30 March 1975

In accordance with its mandate to proceed with the demarcation of the common frontier, clearly pinpointing the positions of the old and new frontier marks, on the basis of the Constantinople Protocol of 1913 and the minutes of the meetings of the Delimitation Commission of 1914, the Committee to Demarcate the Land Frontier between Iran and Iraq met on 18, 19, 24, 25, 26, 27, 29 and 30 March 1975 at Tehran and took the following decisions:

1. After verification of the minutes of the meetings of the Delimitation Commission of 1914 and the maps mentioned therein relating to the Iranian-Iraqi land frontier, the said minutes and maps were authenticated by the heads of the delegations of Iran, Iraq and Algeria and annexed to this record.

These documents as a whole define the course of the land frontier between Iran and Iraq and constitute the fundamental basis for technical operations in the field in accordance with the technical arrangements set forth below.

2. Mixed teams shall carry out the on-site survey and reconstruction of the old frontier marks in accordance with the minutes and maps of 1914.

3. At the same time the Committee on demarcation:

(a) shall plot on the maps mentioned in the 1914 minutes (annexed to this Record) the approximate positions of the new frontier marks;

(b) shall plot as precisely as possible the entire course of the land frontier between the two countries on the maps on the scale 1:50,000; it is understood that these maps will have been transmitted previously, by 5 April 1975 at the latest, to the Iraqi Party and to the Algerian representatives; it is understood further that this set of maps on the scale 1:50,000 will cover a strip at least four kilometres wide extending along the frontier; in addition, a set of aerial photographs, used in the making of these maps, will be made available to them at working meetings;

it is understood that the positions of the new frontier marks will, if necessary, be verified on the ground and, as appropriate, corrected on the maps on the scale 1:50,000;

furthermore, if verification on the ground makes it necessary to erect additional frontier marks, the positions of the latter shall also be plotted on the maps on the scale 1:50,000;

the operations described in subparagraph (c) will be carried out by the Committee between 5 and 20 April, and the maps so marked shall be transmitted as they are completed, to the field teams for execution;

(d) shall prepare and sign, upon completion of all the field operations, a definitive map on the scale 1:50,000 indicating the frontier line and the positions of all the frontier marks, whether old, new or additional.

4. At the conclusion of the specified period, the Committee shall submit the following final documents duty signed:

(a) a map on the scale 1;50,000 indicating the land frontier line and the positions of all the old and new frontier marks;

(b) on the basis of the 1914 minutes, a descriptive record of operations in the demarcation of the Iraqi‑Iranian land frontier, with an indication, where appropriate, of the new place names‑,

(c) a list of the geographical and UTM co‑ordinates and the bearings of the said frontier marks as well as the horizontal distances calculated between the frontier marks;

(d) record cards of all the frontier marks, with a numbering system for the new frontier marks; the old ones shall retain their original numbering.

5. The Iranian Party and the Iraqi Party have also agreed as follows:

(a) they shall each make every effort, with the assistance, advice and technical know‑how of the Algerian technicians, to finish completely and definitively within two months the task entrusted to the mixed Committee on demarcation;

(b) should a dispute arise with regard to the position of a given point on the frontier, the Algerian experts shall, at the request of either Party, arbitrate the dispute technically in the field and shall render a decision, which shall be applied and respected by the two States.

6. The heads of delegations in the Committee shall appoint their representatives on the Sub‑Committee entrusted with the task of supervising and organizing the work of the various mixed teams, ensuring logistical support for them and reporting to the Committee regularly each week on the progress of the work. The Sub‑Committee thus constituted shall also approve the field documents and forward them to the Committee.

After approving the proposals of the mixed teams concerning the positions of the frontier marks, the Sub‑Committee shall order their construction in accordance with the plan annexed to this Record.

The Sub‑Committee shall have its headquarters for operations in the southern part of the frontier at Mehran and, for operations in the northern part, at Sardasht; it shall move along the frontier as its work requires.

7. In order to facilitate the field work, the operations in the demarcation of the Iraqi‑Iranian land frontier shall be divided up as follows:

(1) the southern part of the frontier shall comprise the following seven sectors:

1. from Khayin to Talayeh between frontier marks 1 and 14;

2. from Talayeh to Faqeh between frontier marks 14 and 21;

3. from Faqeh to Mussian between frontier marks 21 and 23;

4. from Mussian to Changuleh between frontier marks 23 and 26;

5. from Changuleh to Reza-Abad Mehran between frontier marks 26 and 31;

6. from Reza-Abad Mehran to Sumar between frontier marks 31 and 39;

7. from Sumar to Khosravi between frontier marks 39 and 58;

(2) the northern part of the frontier shall comprise the following seven sectors:

1. Azgaleh between frontier marks 58 and 69;

2. Nosud between frontier marks 69 and 83;

3. Marivan between frontier marks 83 and 95;

4. Baneh between frontier marks 95 and 103;

5. Sardasht between frontier marks 103 and 111;

6. Piranshahr between frontier marks 111 and 118;

7. Piranshahr between frontier marks 118 and 126.

A mixed team composed of eight Iranian members and eight Iraqi members shall be assigned to each sector.

Operations shall begin simultaneously in all sectors in accordance with a detailed procedure described in the technical annex to this Record.

8. List of annexed documents:

(a) Technical annex;

(b) Sketch of frontier mark for hard ground;

(d) Sketch of frontier mark for marshland;

(e) Form No. 1 (survey);

(f) Form No. 2 (calculation of co‑ordinates);

(g) Form No. 3 (calculation of triangulation points);

(h) 1914 minutes;

(i) 1914 maps.

9. The head of the Iranian delegation to the Committee to Demarcate the Land Frontier informed his Iraqi and Algerian colleagues that his alternate in that Committee was Mr. Reza Ghassemi, Head of the First Political Department.

10. The next meeting will be held on 17 April 1975 at Baghdad.

DONE at Tehran on 30 March 1975.

For Iran: For Iraq: For Algeria:

[Signed] [Signed] [Signed]

E. KAZEMI A. EL‑SAKKAL ISMAIL HAMDANI

Technical

A. Old Frontier Marks

The positions of these frontier marks shall be determined from the 1914 minutes and the maps mentioned therein. The sites shall be located by the two Iranian and Iraqi heads of team. The maps on the scale 1:50,000 and the aerial photographs shall constitute an aid for the execution of this work.

The position of each frontier mark shall be determined on the map on the scale 1:50,000 and then indicated on the aerial photograph by a circle. Once this position has been determined on the ground, a stake surrounded by painted stones shall be left as a reference point and a record shall be drawn up (form No. 1); this position shall then be marked on the aerial photograph, which shall be signed jointly on the reverse side by the two heads of team,

If the position is difficult to determine, two or three identifiable details should be found and marked on the photograph. Triangulation measurements will then be taken and entered on form No. 3. The photograph and the attached form shall be transmitted to the Sub-Committee, which shall forward them to the Committee.

The frontier marks shall then be constructed by the Iraqi teams, while the Iranian teams shall undertake the construction of frontier marks in marshland zones, all the work being under the supervision of the Sub-Committee. Once the frontier mark has been constructed, the frontier police of the two countries shall take charge of it and draw up a record (form No. 1).

At Tehran, the position of the frontier mark and the identifiable details (auxiliary stations) shall be calculated by photogrammetric methods. An Iraqi Representative shall be present at these calculations and, together with his Iranian counterpart, shall sign the records containing the calculations (forms No. 2 and No. 3).

Both the geographical and the UTM co-ordinates shall be determined.

B. New Frontier Marks

Once the positions of the new frontier marks have been plotted on the map on the scale 1:50,000 and the said map has been sent to the mixed teams, for implementation in the field, the new frontier marks shall be constructed, mutatis mutandis, in accordance with the technical procedure described for the old frontier marks.

C. Costs

The costs of constructing the frontier marks shall be defrayed equally by the two Parties.

Agreement Between Iran and Iraq Concerning Frontier Commissioners

The Imperial Government of Iran, and the Government of the Republic of Iraq, desiring to strengthen, in the spirit of the Algiers Agreement of 6 March 1075, order and security in their frontier zones, have agreed, in order to settle incidents, violations or disputes which might occur in those zones, on the following provisions:

Article 1. The two Contracting Parties undertake to settle on a friendly basis, through their duly authorized frontier commissioners, all incidents, violations or disputes occurring in the frontier zones and defined in article 6 of this agreement.

Article 2. The frontier zone shall extend a distance of 15 kilometres into the territory of each of the two Contracting Parties from the common frontier line.

Article 3. (a). Each of the two Contracting Parties shall appoint a frontier commissioner for each zone listed below:

In Iran in Iraq
Khorramshahr Basra Subdistrict Headquarters

Susangad Amarah Subdistrict Headquarters

Dehlomn Ali al Gharbi

Mehran Badrah

Sumar Mandoli

Qasr‑e Shirin Khanaqin

Nausud Halabiah

Marivan Panjwin

Baneh ShahrbAzar

Sar Dasht Pachdar (Qal at Dizah)

Piranshah Choman

The number and location of the above‑mentioned frontier commissioners' offices may be changed by agreement through the diplomatic channel.

(b) The Contracting Parties shall communicate to each other through the diplomatic channel, as soon as possible, the names, titles and powers of the frontier commissioners, as well as any changes which may be made at a later date in this regard. The rank or level of the frontier commissioners shall be determined by agreement through the same channel.

Article 4. Each frontier commissioner shall have authority to appoint the assistants he requires and to communicate their names, titles and functions to the frontier commissioner of the other Contracting Party.

If necessary, each frontier commissioner shall have authority to call on the services of experts.

Article 5. The frontier commissioners shall take the necessary measures to settle questions which come, under their jurisdiction.

In case of incidents, the frontier commissioners shall, by agreement, conduct a joint inquiry and record the results in a report.

Matters on which assistant frontier commissioners cannot agree shall be referred to the frontier commissioners for settlement.

Frontier incidents which cannot be settled by agreement between the frontier commissioners shall be referred for settlement to the Permanent Commission mentioned in article 20.

Article 6. The frontier commissioners of each Contracting Party shall have, in a zone extending 15 kilometres on each side of the frontier, the jurisdiction to:

I. Take the necessary measures to prevent the occurrence of incidents in the frontier zone.

II. Take the necessary measures, and so inform the frontier commissioners of the other Contracting Party, to prevent the commission of crimes or offences in the frontier zone of the other Party by armed or unarmed persons and to prevent these persons from crossing the frontier in either direction.

When such persons illegally cross the frontier and pass from the territory of one Party to the territory of the other, the frontier commissioners of the first Party shall so inform the frontier commissioners of the second Party. The latter shall take the necessary measures to arrest the offenders and to deliver them to the competent legal authorities.

III. (a) Take the necessary measures to prevent any preparations or attempts to impair the security and order of the frontier zone of the other Party and take measures against persons who give aid or protection for the purpose of illegal passage across the frontier or incite inhabitants to settle in the territory of the other Party.

(b) When the presence of persons who have committed the acts listed in subparagraph (a) above has been established in the frontier zone of one of the Contracting Parties, the frontier commissioners of that Party shall take, in accordance with their national legislation, the necessary measures to put a stop to these acts ex officio or upon receipt of information or documents from the frontier commissioners of the other Party concerning those persons or of information concerning their place of residence.

IV. Take the necessary measures to combat smuggling and keep smugglers away from the frontier zone.

V. Exchange information in the event of disasters (fires, floods, etc.) occurring in the frontier zones and co‑operate in bringing them under control.

VI. Exchange information in cases involving the violation of the airspace of the two Contracting Parties by aircraft.

VII. Take preventative measures against the spread of epidemics, epizootic diseases or crop parasites to the territory of the other Party.

For this purpose, the frontier commissioners of the Contracting Party in the zone in which an epidemic, epizootic disease or parasites have appeared shall be obliged to so inform the frontier commissioners of the other Party.

When an epizootic disease is suspected of being present in animals which are to pass from the territory of one Party to the territory of the other, the frontier commissioners of the Contracting Parties shall take the necessary measures to prevent the spread of the epizootic disease, in accordance with the sanitary and veterinary inspection regulations of each of the Parties.

VIII. Investigate and, where appropriate, settle all frontier incidents, including:

(a) Shooting across the frontier at persons or objects or into the territory of the other Party.

(b) The killing or wounding of persons and injury to their health as the result of shots fired across the frontier or the use of violence against nationals of one Party in the territory of the other Party.

(c) The illegal crossing of the frontier by officials or individuals. In such cases, the frontier commissioners shall immediately conduct an investigation and, if it is established that the persons in question have crossed the border unintentionally, they shall be sent back to the territory of the State from which they have come. Neither Contracting Party shall be entitled to refuse to accept persons who are proven to have crossed the frontier unintentionally.

(d) Utterances or actions at the frontier which are offensive to the other Party.

(e) The violation of the frontier by ships or boats.

(f) The discovery of boats, fishing equipment or other objects which happen to be in the territory of the other Party as a result of natural causes.

(g) The moving, damaging or destruction of frontier marks or other frontier installations, including river installations and signals.

(h) The theft, destruction or damaging of State, private or other property in the territory of the other Party.

In this case, State property, and private or other property which has been stolen in or transported intentionally or unintentionally to the territory of the other Party shall, as far as possible, be returned to the Party to which it belongs. If the total amount or a part of this property cannot be returned in kind, the frontier commissioners of the Contracting Parties shall, if necessary, determine by agreement the amount of compensation.

(i) The crossing of the frontier by animals accidentally or under escort. In such cases, the animals in question, shall, as far as possible, be returned to the Party to which they belong. (Proven material damages shall be compensated for in accordance with the procedure provided for in subparagraph (h) above.)

(j) Disputes concerning unauthorized game hunting in the frontier zones.

(k) The spread of fires across the frontier into the territory of the other Party.

(1) The settlement of disputes concerning the improper use of frontier waters, causing pollution and making them unsuitable for irrigation or consumption. In this regard, the provisions of the Agreement between Iran and Iraq concerning the use of frontier watercourses shall be observed,

(m) Consideration, within the limits of their powers, of compensation claims arising out of frontier incidents and presented by one of the Parties or by persons in the frontier zone which is under their jurisdiction.

In settling a frontier incident in accordance with subparagraphs (/), (g), (h) and (k) of paragraph VIII of this article, the frontier commissioners shall also decide questions concerning the procedure for the return of property which happens to be in the territory of the other Party.

IX. (a) The frontier commissioners of the two Contracting Parties shall co‑operate with regard to the maintenance, protection and installation of frontier marks with the Mixed Commission provided for in article 5 of the Protocol concerning the Redemarcation of the Land Frontier between Iran and Iraq, signed at Baghdad on 13 June 1975.

(b) The frontier commissioners shall keep the area surrounding the frontier mark clear in order to facilitate access to them. The entire frontier line shall be maintained in such a way as to ensure its visibility at all times.

Article 7. (1) When a national of one of the Contracting Parties takes refuge in the frontier zone of the other Contracting Party after having committed an offence in the frontier zone of his own country, the frontier commissioner of the Party in whose territory the offence was committed may request the arrest of the offender. The frontier commissioner of the other Contracting Party shall do everything possible to ensure the arrest of the person sought and to notify the frontier commissioner of the requesting Party of the arrest.

(2) The requesting frontier commissioner may request the requested frontier commissioner in writing to extradite the fugitive within a maximum period of 10 days after the date of his arrest.

(3) If the requested frontier commissioner fails for any reason to hand over the offender within a period of 10 days, he must keep the offender under arrest until he receives, through the diplomatic channel, the documents concerning his extradiction. In no case should the term of arrest of the offender exceed two months.

(4) When the frontier commissioners of one of the Contracting Parties are notified that a person sought by the authorities of the other Contracting Party has entered their frontier zones, they must take steps to arrest this person and report the facts of the case, including the date of arrest, to the frontier commissioner of that other Contracting Party. The provisions of the preceding paragraphs shall apply to the person so arrested.

Article 8. Decisions taken jointly by the frontier commissioners, within the limits of their jurisdiction, on frontier incidents and the determination of compensation arising therefrom shall be binding and final.

Article 9. (1) The first meeting of the frontier commissioners shall take place within 30 days after the entry into force of this Agreement. They shall agree on the venue of this meeting by an exchange of notes. A joint meeting of the frontier commissioners shall thereafter be held every three months in the territory of each of the two Contracting Parties alternately.

(2) Special meetings may take place, if necessary, at the request of the frontier commissioners of one of the two Contracting Parties. These meetings shall take place in the territory of the Party which has taken the initiative in convening them. They must be held at the latest five days after the receipt of the request concerning them. If for valid reasons they have not taken place within the time-limit agreed upon, one further five-day period shall be scheduled.

(3) In cases of emergency and urgent necessity, the frontier commissioners may meet subject only to prior notification. In such cases, they will have the right to be accompanied by a maximum of four persons.

Article 10. (1) The purpose of the meetings shall be decided in advance by correspondence. Other matters relating to the functions of the frontier commissioners may, however, be brought up during these meetings.

(2) Minutes shall be drawn up on the occasion of each meeting of the frontier commissioners or their assistants find shall briefly indicate the proceedings of the meeting, the decisions taken and the procedure for their implementation.

Article II. In order to ascertain the facts, the frontier commissioners and their assistants may by previous agreement conduct joint inquiries into frontier incidents on the spot. On such an occasion, they may, if necessary, be accompanied by experts, interpreters and witnesses, as well as by the victims of the incident. Such an inquiry shall be directed by the Party in whose territory it is held.

A record of the inquiry shall be drawn up in conformity with the provisions of article 10 of this Agreement.

Article 12. The frontier commissioners of the Contracting Parties shall inform each other as soon as possible of action taken in accordance with the decisions adopted at a meeting.

Article 13. The frontier commissioners shall by agreement designate, within a zone extending two kilometres from each side of the common frontier, contact points and points for the exchange of correspondence and the delivery of persons and property. The contact points shall be determined at the first meeting of the frontier commissioners after the entry into force of this Agreement.

The frontier commissioners may by agreement change the number and location of the contact points.

Persons shall be delivered by the frontier commissioners or their assistants personally.

The frontier commissioners or their assistants shall agree on the place and time of each such delivery. Animals shall be delivered in the area where they crossed the frontier. Animals, property and correspondence may be delivered by the commanding officers of frontier posts by order of the frontier commissioners.

Correspondence shall be accepted at any time of the day or night, including holidays and non‑working days.

The frontier commissioners shall establish by agreement the form of receipts to be given for correspondence, animals and property.

The frontier commissioners shall agree upon the signals to be used to summon the frontier guards of the other Party.

Article 14. The frontier commissioners and their assistants and secretaries, interpreters and experts may cross the frontier to perform official functions arising out of the provisions of this Agreement.

The frontier commissioners and their assistants shall cross the frontier upon presentation of the written credentials provided for in article 3 of this Agreement. The credentials shall bear the photograph and signature of the holder and the visa of the frontier commissioners of the other Party, which shall be valid for one year in the case of frontier commissioners and for six months in the case of assistants and renewable for the same term.

Experts and persons whose presence is required for the clarification of any matter may cross the frontier upon presentation of a certificate valid for a single crossing of the frontier in each direction within a period of five days and renewable only once. This certificate shall be issued by the frontier commissioner of one of the Parties and stamped with the visa of the frontier commissioner of the other Party.

Article 15. The date and hour of transit for persons who are to cross the frontier shall be communicated in good time, and in no case less than 24 hours in advance, to the nearest frontier guard of the other Party, which shall send a guide to the crossing point to escort them to the contact point.

Article 16. The frontier commissioners and their assistants shall enjoy personal immunity during the performance of their duties, and such equipment as they require for this purpose shall not be subject to customs duties or charges.

Article 17. The persons referred to in article 14 of this Agreement shall, when in the frontier zone of either Contracting Party, be given any necessary assistance, including transport, lodging and facilities for communicating with their own authorities.

Article 18. The frontier commissioners shall not be empowered to settle disputes concerning the frontier line. In no case may they interfere in the internal affairs or policies of the other Contracting Party.

Article 19. The two Contracting Parties shall establish a permanent commission composed of an equal number of members in order to co‑ordinate the functions of the frontier commissioners. The commission shall meet at least once a year, in Iran and Iraq alternately. It may also be convened whenever circumstances so require. Special meetings shall take place in the territory of the Party which convenes them.

The permanent Commission shall endeavour to settle on a friendly basis questions which the frontier commissioners have not been able to agree upon. In order to do so, it may summon the frontier commissioners of the two Contracting Parties. In case of disagreement, these questions shall be resolved through the diplomatic channel.

The two Contracting Parties shall agree, through the diplomatic. channel, on the date and place of the meeting of the Commission and shall notify each other, at least one month before it is convened, of the names and titles of their representatives and the questions to be included in the Commission's agenda.

Article 20. This Agreement shall enter into force on the date of the exchange of the instruments of ratification for a period of five years. Upon the expiration of this period, it shall be renewable by tacit agreement, unless one of the Contracting Parties requests, with six months' advance notice, its denunciation or review.

This Agreement supersedes the provisional Agreement between Iran and Iraq concerning the appointment of frontier commissioners of 1932.

DONE at Baghdad on 26 December 1975.

For the Imperial Government of the Republic of Iraq:

[Signed]

ABSAS-ALI KHALATBARY

For the Government of Iran:

[Signed]

SAADOUN HAMADI

Agreement Between Iran and Iraq Concerning the Use of Frontier Watercourses

The Imperial Government of Iran and the Government of the Republic of Iraq,

Guided by the spirit of the Algiers Agreement of 6 March 1975,

Desiring to strengthen the ties of friendship and neigbbourly relations between their respective countries,

And with a view to ensuring the optimum use of contiguous and successive watercourses in the best interests of both States,

Have agreed as follows:

Article 1. The provisions of this Agreement shall apply to the watercourses listed below:

A. contiguous watercourses which follow the frontier line between the two countries;

B. successive watercourses which intersect the frontier line between the two countries.

Article 2. The two Contracting Parties have agreed that:

(a) The waters of the Bnava Suta, Qurahtu and Gangir Rivers shall be divided into two parts equally between the two countries. This division shall be made at appropriate places, upon which the two Parties shall agree.

(b) The waters of the Alvend, Kanjan Cham, Tib (Mehmeh) and Duverij Rivers shall be divided between the two countries on the basis of the reports of the 1914 Commission on the Delimitation of the Iranian‑Ottoman frontier and in accordance with custom.

(c) The flow of contiguous and successive watercourses not listed in paragraphs (a) and (b) above shall be divided between the two countries in accordance with the provisions of this Agreement.

Article 3. The two Contracting Parties shall establish a permanent joint technical commission composed of an equal number of experts from both States to conduct technical studies and to supervise matters relating to contiguous and successive watercourses. The studies shall deal with such issues as the preparation of joint projects and the establishment of any hydrometric installations and stations that the two Parties may deem useful or the improvement of existing installations and stations.

Article 4. The Commission referred to in article, 3 of this Agreement shall study possible ways of improving the use of contiguous and successive watercourses and, to this end, it shall indicate, within one hydrological year from the date of signature of this Agreement, what proportion of the flow of the watercourses referred to in article 2, paragraph (b), of this Agreement shall be allotted to each Contracting Party.

It shall also indicate, within two hydrological years from the date of signature of this Agreement, the most appropriate procedures for making optimum use of the flow of the watercourses referred to in article 2, paragraph (c), above.

Article 5. The two Contracting Parties undertake t. assure the normal now of the water available in contiguous and successive watercourses in accordance with the terms of division set forth in this Agreement.

Each Contracting Party undertakes to refrain from using the contiguous and successive watercourses for purposes that are contrary to the provisions of this Agreement or detrimental to the interests of the other Contracting Party.

Article 6. Any disputes which may arise concerning the interpretation or application of this Agreement shall be settled by the two Contracting Parties in accordance with the procedure described in article 6 of the Treaty concerning the State frontier and neighbourly relations between Iran and Iraq, signed on 13 June 1975, at Baghdad.

Article 7. This Agreement shall be ratified by each of the Contracting Parties, in accordance with its internal legislation and shall enter into force on the date of the exchange of instruments of ratification.

DONE at Baghdad, on 26 December 1975.

For the imperial Government of Iran:

[Signed]

ABBAS‑ALI KHALATBARY

For the Government of the Republic of Iraq:

[Signed]

SAADOUN HAMADI

International Water Law Project

Addressing the future of water law and policy in the 21st century

Treaty Concerning the State Frontier and Neighbourly Relationships between Iran and Iraq