Treaty concerning the Frontier and Neighbourly relations between Iran and Iraq


His Imperial Majesty the Shahinshah of Iran,
His Excellency the President of the Republic of Iraq,
Considering the sincere desire of the two Parties as expressed in the Algiers Agreement 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 definite 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 civilization which bind the peoples of Iran and Iraq,
Desirous of strengthening their bonds of friendship and neighbouliness, expanding their economic and cultural relations and promoting exchange 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 of Foreign Affairs of Iran.
His Excellency the President 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 sources, 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 article 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 resource to 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 establish such a 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.
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 the 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 Minister for Foreign
Affairs of Iran Affairs 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 cocerning the Redemarcation of the Land Frontier between Iran and Iraq

Pursuant to the provisions of the Algiers communique of 5 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 on the scale 1:50,000 indicating the land frontier line and the position of the old and new frontier marks. The maps constitute Annex 2 and are in 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. 14 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 position 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 established 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 of 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 there 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.
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 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 these basis, they solemnly undertake to respect their common and definitive frontier.

Done at Baghdad, on 26 December, 1975
(Signed) (Signed)
Abbas Ali Khalatbary Saadoon Hammadi
Minister of Foreign Affairs Minister of Foreign Affairs
of Iran of Iraq

Signed in the presence of His Excellency Abdel-Aziz Bouteflike, Member of the Council of the Revolution, Minister for Foreign Affairs of Algiera.

Record

In connection 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 Kuh mountain",
signifies that the frontier line shall run between the two springs, which lie approximately 5 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 hours 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 1 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 creation 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 1 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: For Iraq:
(Signed) (Signed)
General Ebrahim Khalvati Alladin Al-Sakkal

Protocol concerning the derimitation to 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 Teheran 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 the board of 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 Iran, Iraq 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 the 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 Tuwaylah, 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 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 require 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 use 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 Contacting Parties have agreed to consider that the river frontier shall end at the straight line connecting the two banks of the Shatt-al-Arab, as 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 Article 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 sources of controversy, the two Contracting Powers shall established a Mixed Iraqi-Iranian Commission to settle, within two months, any questions concerning the status of landed property, constructions, 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-years period.


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 cannels 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 that 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 that 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 principles 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 question referred to in paragraph 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 Bouteflike, Member of the Council of the Revolution and Minister for Foreign Affairs of Algeria.

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 the 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 Teheran Protocol of 15 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 the Ministers for Foreign Affairs, signed at Algiers on 20 May 1975.
The two Contracting Parties have agreed as follows:

Article 1
1. The two Contracting Parties shall exchange information of 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 measures with regard to the movements of the elements referred to in paragraph 1 above.
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:
Northern Frontier Zone
From the point of intersection of the Iranian, Turkish and Iraqi frontiers to (and including) Khanaqin-Qasr-e Shirin: 21 points.
Southern Frontier Zone
From (but not including) Khanaqin-Qasr-e Shirin to the end of the Iranian-Iraqi frontier: 17 points.
The above infiltration points are named in the annex.
The points specified above shall be supplemented by any 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 Teheran 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 one 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 where the two Contracting Parties so agree, entry to certain areas may be declared prohibited in order to prevent subversive persons from carrying out the 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 to 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 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 Saadoun Hammadi
Minister for Foreign Affairs Minister for Foreign Affairs
of Iran of Iraq
Signed in the presence of H. E. Abdel Aziz Bouteflike, Minister for Foreign Affairs of Algeria.

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