Indian Treaty Series

The President of India and Sultan Said bin Taimur bin Faisal, Sultan of Muscat and Oman and Dependencies, desirous of strengthening the bonds of peace and friendship which happily subsist between them, and of promoting the mutual interests of their respective people, have resolved to conclude a Treaty of Friendship, Commerce and Navigation and for that purpose have appointed their plenipotentiaries :

THE PRESIDENT OF INDIA:

His EXCELLENCY DR. TARA CHAND, Ambassador Extraordinary and Plenipotentiary of India in Iran,

THE SULTAN OF MUSCAT AND OMAN AND DEPENDENCIES

BASIL WOODS BALLARD, ESQUIRE, Minister for Foreign Affairs, who, having examined each other's credentials, and found them in good and due form, have agreed as follows:

Article I

The High Contracting Parties recognise and respect the independence and rights of each other and agree that there shall be perpetual peace and friendship between them. Article II

(1) Either of the two High Contracting Parties may appoint Consuls to reside in the territories of the other, subject to the consent and approval of the other as regards the persons so appointed and the places at which they reside. Each High Contracting Party further agrees to permit his own nationals to be appointed to consular offices by the other High Contracting Party, provided always that any person so appointed shall not begin to act without the previous approbation of the High Contracting Party whose national he may be.

(2) Such Consuls shall be permitted to perform such consular functions and shall enjoy such privileges and immunities as are in accordance with international law or practice relating to Consuls as recognised in the territories in which they reside.

Article III

The nationals of each High Contracting Party shall enjoy, on a reciprocal basis, in the territories of the other, subject to such laws and rules relating to foreigners as are in force or may be established in those territories, the rights of entry, travel, traffic and residence, and of moving freely within those territories.

Article IV

(1) The nationals of each High Contracting Party, residing in the territories of the other, shall, with respect to their commerce and shipping and the exercise of their trades and professions and the carrying on and development of their commercial or industrial enterprises, receive treatment not less favourable than that accorded to the nationals of any other foreign country, in conformity with such laws and rules as are in force or may be established in the territory of the other.

(2) The nationals of each High Contracting Party shall not be liable, in the territories of the other, to any taxes, duties, imposts, obligation or charges more onerous in nature or amount than those imposed on the nationals of any other foreign country; provided, however, that nothing in this article shall be construed in relation to any territory of either High Contracting Party as obliging that High Contracting Party to grant to nationals of the other, who are not resident for tax purposes in that territory, the same personal allowances, reliefs and reductions for tax purposes as are granted to his own nationals.

Article V

Each High Contracting Party shall accord to the ships of the other in the matter of tonnage, harbour pilotage, light house or other analogous dues treatment no less favourable than that accorded to the ships of any other foreign country.

Provided that this Article shall not be construed to preclude the grant or continuance of any special concessions to ships engaged in the coasting trade or inland navigation of either High Contracting Party.

Article VI

(1) Vessels or aircraft of each High Contracting Party coming to the territories of the other, in distress, shall receive from the local authorities, when required, all possible necessary aid to enable them to revictual, refuel and refit so as to proceed on their voyage or journey.

(2) Should vessels or aircraft of either High Contracting Party be wrecked off the coast of or in the territories of the other, the authorities of the latter shall render all possible assistance to save the vessel or aircraft, its cargo and those on board; they shall also give all possible aid and protection to persons saved, and shall assist them in reaching the territory or the nearest Consulate of the other party; they shall further take every possible care that such vessel or aircraft, and all furniture and appurtenances belonging thereto, and all goods and merchandise saved therefrom or the sale proceeds thereof after payment of customs duty and/or other charges payable under any law for the time being in force in respect of such property including the cost of salvaging, if sold or otherwise disposed of locally, as well as all papers found on board such stranded or wrecked vessel or aircraft, shall be given up to the owners, or to their agents when claimed by them or to their Consul.

(3) The authorities of each High Contracting Party shall further see that the Government or the nearest Consulate of the other Party is informed as soon as possible of the occurrence of any such disaster.

Article VII

The nationals of each High Contracting Party shall receive treatment not less favourable than that accorded to the nationals of any other foreign country in regard to the acquisition, possession or disposal of all kinds of movable and immovable property, in conformity with such laws and rules as are in force or may be established in the territories of the other.

Article VIII

The nationals of each High Contracting Party residing in the territories of the other shall receive protection and security for their persons and property and shall enjoy in this respect rights and privileges not less favourable than those accorded to the nationals of any other foreign country, in conformity with the laws and regulations as are in force or may be established in the territories of the other.

Article IX

The nationals of each High Contracting Party shall enjoy in the territories of the other liberty of conscience and right of private and public worship provided that in the exercise of these privileges they do not wound or outrage the religious susceptibilities of the other country.

Article X

The present Treaty shall be ratified at the earliest possible date by the High Contracting Parties and shall come into force fifteen days after the exchange of the Instruments of Ratification which shall take place as soon as possible at Muscat'.

Article XI

This Treaty shall continue in force for a period of five years from the date of its definite entry into force as prescribed in Article 10, and shall thereafter continue in force : Provided that after the said period of five years either High Contracting Party may give to the other not less than six months notice of its intention to terminate the Treaty, and on the expiry of the period of such notice the Treaty shall cease to be in force.

IN FAITH WHEREOF, the said Plenipotentiaries have signed the present Treaty of which there shall be Hindi, Arabic and English

versions, all three texts being equally authentic except in the case of doubt when the English text shall prevail. DONE in duplicate at Muscat this 15th day of the month of March, 1953.

(Sd.) TARA CHMD

For President of India

(Sd.) BASIL WOODS BALLARD

For Sultan of Mascat.