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Agreement regarding British War Cemeteries and Graves in Egypt between His Majesty's Governments in the United Kingdom, Canada, the Commonwealth of Australia, New Zealand and the Union of South Africa and the Government of India and the Egyptian Government [1937] CATSer 4 (29 November 1937)

E102586 - CTS 1938 No. 24

AGREEMENT REGARDING BRITISH WAR CEMETERIES AND GRAVES IN EGYPT BETWEEN HIS MAJESTY'S GOVERNMENTS IN THE UNITED KINGDOM, CANADA, THE COMMONWEALTH OF AUS­TRALIA, NEW ZEALAND AND THE UNION OF SOUTH AFRICA AND THE GOVERNMENT OF INDIA AND THE EGYPTIAN GOVERNMENT

The Government of Egypt on the one hand, and the Governments of the United Kingdom of Great Britain and Northern Ireland, Canada, the Common­wealth of Australia, New Zealand, the Union of South Africa and India on the other hand, being desirous of placing on a firm and established basis the care of the graves of the British soldiers who fell in the late war and were buried in Egyptian Territory, have agreed as follows:

ARTICLE I

The Imperial War Graves Commission (hereinafter referred to as "The Commission") incorporated by Royal Charter granted by His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India (hereinafter referred to as "His Majesty The King and Emperor") on the 21st day of May, 1917, is recognized by the Egyptian Government as the sole authority charged with the care of the British War Memorial Cemeteries and War Graves in Egypt.

Accordingly, the Commission shall alone be qualified to act in this matter, particularly in all that concerns the execution of that part of the agreement contained in the note of the 27th October, 1918, addressed by le Comité des Finances to, and approved by the Egyptian Council of Ministers on the 9th November, 1918, relating to the free cession of land in perpetuity for British War Memorial Cemeteries to the Commission by the Egyptian Govern­ment, and subsequently confirmed by a formal Deed of Gift dated the 9th May, 1921, and registered in the Bureaux des Hypothèques of the Mixed Tribunals of Cairo and Alexandria on the 9th May, 1921, and the 27th June, 1921, respectively, and in the Bureaux des Hypothèques of Mansourrah on the 27th July, 1921.

ARTICLE II

Notwithstanding anything contained in the aforesaid Deed of Gift or its annexes as to the nature of the Commission's Committee in Egypt, the Egyptian Government agrees that the character and functions of that body shall be as provided in Articles 11 and 12 of the present Agreement, and that the Commission's rights under the Deed of Gift shall continue unaffected by any changes in the title, composition or powers of the said Committee made in conformity with these articles.

ARTICLE III

The Egyptian Government hereby agrees that the British War Memorial Cemeteries shall not be subject to any State or local taxes.

ARTICLE IV

The exhumation of bodies buried in the British War Memorial Cemeteries or War Graves with a view to their transport elsewhere shall only take place in agreement with the Commission. The Egyptian Government undertakes to refuse all applications for permission for the removal of bodies unless preferred through the Commission.

ARTICLE V

The Egyptian Government recognizes the right of the Commission to act in Egypt as an Association possessing the civil rights of a juristic person.

ARTICLE VI

The Commission is authorized to enclose the British War Memorial Cemeteries, to lay them out according to a scheme approved by the Commission, to erect in them sepulchral monuments or other suitable structures, to make plantations in them, to designate from time to time the custodians or persons to take charge of them and, subject to the approval of the Minister of the Interior, to enact regulations governing visits to and the policing of the same, and to prosecute those who infringe the said regulations.

ARTICLE VII

The custodians appointed by the Commission to take charge of and maintain the British War Memorial Cemeteries and War Graves may be persons, of British nationality. The custodians shall be recognized by the Egyptian Government and shall receive from the Egyptian Government every assistance necessary for the safeguard and protection of the British War Memorial Cemeteries and War Graves. The custodians shall have no military character.

ARTICLE VIII

The Egyptian Government recognizes the existence of graves of officers and men of the forces of His Majesty The King and Emperor situated outside the limits of the lands granted by the said Deed of Gift, as set forth in a list to be communicated to the Egyptian Government by the Diplomatic representative in Egypt of His Majesty The King and Emperor. The Egyptian Government undertake that, should the Commission at any time in the future consider the transfer of these graves necessary or desirable, by reason of the closing (for burial purposes) or disuse of the Cemeteries in which they are situated or otherwise, all necessary facilities will be accorded to the Commission to remove the remains to one or other of the British War Memorial Cemeteries.

ARTICLE IX

Requests for permission to erect, even outside a British War Memorial Cemetery, a commemorative monument designed to recall a feat of arms of the forces of His Majesty The King and Emperor or of any unit thereof, shall be presented by the Commission to the Egyptian Government for their consent.

Should a request of this nature be made direct to the Egyptian Government, the latter shall refer it to the Commission before giving any decision, and shall consider in agreement with the Commission what action shall be taken thereon.

ARTICLE X

All building material, stone, marble, tools or other stores required by the Commission from time to time for the construction of, or erection of monuments in or upon, the British War Memorial Cemeteries and War Graves, or for repair or replacement of existing materials, shall on production of the necessary certificates from the Commission's representative be admitted into Egypt by the Egyptian Government free of all Customs duties or dues.

ARTICLE XI

The Commission shall appoint a Committee with offices in Egypt to represent the Commission in Egypt in its relations with the Egyptian Authorities, and especially to exercise in the name of the Commission all or any of the rights reserved to it under the present agreement.

This Committee shall be competent to perform in the name of the Commission, and within the limits of the powers delegated to it by the latter, all civil acts necessary to enable it to fulfil its object.

ARTICLE XII

The Committee in Egypt referred to in the previous Article shall be called the "Anglo-Egyptian War Cemeteries Committee." It shall be composed of four Honorary Members, of whom two shall be British and two Egyptian, and of eight Official Members, of whom four shall be British and four Egyptian.

The Egyptian Members shall be appointed on the recommendation of the Egyptian Government, which shall be requested and transmitted through diplomatic channels.

The Honorary Members shall be chosen from persons who have won distinction in the Navy, the Army, the Air Force or the Civil Service, or in Letters, Art or Science.

The Egyptian Official Members shall be appointed in virtue of their official functions, and shall be regarded as appointed at the moment they assume office, and shall cease to form part of the Committee from the day when they vacate their said offices. The Egyptian Government undertakes to notify the Commission of all changes which may take place amongst the Egyptian Official Members.

The Commission shall appoint the Secretary of the Committee.

ARTICLE XIII

The agreement shall come into force on the day of its publication in the official journal of the Egyptian Government; the contracting Governments shall by agreement fix the date of this publication.

IN WITNESS WHEREOF, the undersigned duly authorized thereto have signed the present agreement and have affixed thereto their seals.

DONE at Cairo in duplicate the second day of June, one thousand nine hundred and thirty-seven.

Mahmoud Ghaleb

FOR THE GOVERNMENT OF EGYPT

Miles W. Lampson

FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Miles W. Lampson

FOR THE GOVERNMENT OF CANADA

Miles W. Lampson

FOR THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA

Miles W. Lampson

FOR THE GOVERNMENT OF NEW ZEALAND

Miles W. Lampson

FOR THE GOVERNMENT OF THE UNION OF SOUTH AFRICA

Miles W. Lampson

FOR THE GOVERNMENT OF INDIA

EXCHANGE OF NOTES

No. 1

The Acting Minister for Foreign Affairs to the British Ambassador

CAIRO, June 2, 1937

Sir,

WITH reference to the Agreement concluded on the 2nd day of June, 1937, between the Government of Egypt and the Governments of the United Kingdom, Canada, the Commonwealth of Australia, New Zealand, the Union of South Africa and India respecting the "British War Memorial Cemeteries and Graves in Egyptian territory, I take the opportunity of placing on record that the Egyptian Government agrees that in the first part of Article 1 and in Articles 3, 7 and 10 of the said Agreement, the words British War Memorial Cemeteries" shall be deemed to include the Australian and New Zealand Memorial at Port Said and the Indian Memorial at Port Tewfik, and that the said Agreement shall have effect accordingly.

I avail, &c.

Mahmoud Ghaleb

Acting Minister for Foreign Affairs

No. 2

The British Ambassador to the Acting Minister for Foreign Affairs

BRITISH EMBASSY

CAIRO, June 5, 1937

Sir,

I have the honour to acknowledge receipt of your Excellency's note of the 2nd June placing on record, with reference to the Agreement concluded on the 2nd day of June, 1937, between the Government of Egypt and the Governments of the United Kingdom, Canada, the Commonwealth of Australia, New Zealand, the Union of South Africa and India respecting the British War Memorial Cemeteries and Graves in Egyptian territory, that the Egyptian Government agrees that in the first part of Article 1 and in Articles 3, 7 and 10 of the said Agreement the words "British War Memorial Cemeteries" shall be deemed to include the Australian and New Zealand Memorial at Port Said and the Indian Memorial at Port Tewfik, and that the said Agreement shall have effect accordingly.

I avail, &c.

Miles W. Lampson

Ambassador