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CONFIDENTIAL

We note that paragraph 7 of Annex II to the Joint

Declaration states that each side shall "designate" 5

members of the group. It does not use the word

"nominate".

1

Paragraph 2(1)

It seems that the words ", on application,

are not necessary.

??

Without those words we think

it would be open to the Order in Council to

provide that

12..

a

that one of the conditions of acquisition of the new

status must be the making of an application, and

that such an application must be made before a certain

date. However, I enclose a copy of John Pakenham-

Walsh's letter to me of 22 November, in which he

questions whether and I should be grateful for your

advice on the doubts he expresses.

arises from the fact

(a),

Another difficulty with this sub-paragraph that

the first five lines establishes a class of persons,

i.e. persons who on 30 June 1997 have a certain

nationality status. The remainder of this sub-

paragraph, read in conjunction with sub-paragraph 2(a)

enables the acquisition of the new form of nationality

to take place before 30 June 1997. However, it seems

to us impossible for a person to establish before that

date what his nationality status will be on that date.

He cannot for example even predict that he will en be

alive on that date. This seems therefore to defeat

the object of the scheme for acquiring the new status

during the next 12 years. It may therefore be

CONFIDENTIAL

/preferable

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