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Foreign and Commonwealth Office London SW1A 2AH

JM liealey Esq

UKREP BRUSSELS

...... CWDATEAVENL

Dem Whe дес

Telephone 01- 233 3338

MKK 022/1

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No No emacse

Your reference

Our reference

Mr. Williamson f.i. C.S. Edgar

kusoger.

P15/1

Ive mewt I KAN

meme about Pontyal

aw Haws. ?1.16.1.0.

Date 15 January 1982

$23233 PG 3113

SPANISH AND PORTUGUESE ACCESSION : FREE MOVEMENT

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1. From idle curiosity in the pre-Christmas lull, I asked our translation services to prepare a synopsis of the Spanish texts of bilateral treaties annexed to Conference document MEMO-E/1/81 of 11 November. They have now come up with the enclosed paper, which contains, as well as a summary translation, some comments on the implications of the treaties, on which I should welcome views. I had not previously understood how easy it might be for Latin Americans to become Spanish citizens. Is it really the

as the translators suggest, that certain Latin Americans could become Spanish citizens with minimal difficulty and then take advantage of free movement rights in the Community? Presumably not, since the treaty between Spain and Chile simply envisages that Chileans may become Spaniards "as prescribed by the legislation in force" whatever that may mean (article 1). The purpose of the treaty may simply be to affort such persons the right to retain both nationalities. Had the Spanish Government accorded Latin Americans the unrestricted right to take up residence in Spain, I imagine Spain would be now be some- what over-populated to say the least!

2. I should also be interested in your views on whether, as the paper suggests, there could be a problem with Portugal and Brazil. More serious from our point of view might be the potential problems of Macao. I am not sure what kind of travel documents Maconese citizens use (Paul Hare in Lisbon may be able to tell us) but if, as seems possible, they use Portuguese passports, it will have to be made clear that Portuguese accession will not confer special rights on the Maconese, if only for the sake of our relations with Hong Kong, which does not benefit at all membership of the EC in this respect.

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European Community Department (External)

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