Корисно
CONFIDENTIAL
S: John Freeland
raised He/S&H= Tolgo,
Um Smith
M. Zanden Thank of 24/1
39 M. Layden
$29/0
Fortuitously, hi J. Freeland will shortly be in Tokyo. Mr. Fifort is arranging
him to take
Mr Anderson'
Embassy by letter.
sendly report
for
Ви
BUI month
FROM:
DATE:
10/2
c.c.
anssisties
ver Japanese rik, direct with his opposite
Paul Fifoot
27 August 1986
number.
Tom Smitt 33
Mr Paxman (ECD(E
Mr Smith (HKD) ►
Гаранере MFA's Legal
Adris.
1.
You asked for material on the GATT implications of the ban on Krugerrands in order to brief Sir J Freeland in Seoul. I set out below a passage for a telegram on that topic.
2. Also below is a short passage on a matter which it would be useful for Sir J Freeland to raise with Mr Owada. Would you include that in your telegram also.
Krugerrands and GATT
Although Article XX of the GATT makes exceptions with regard to the importation of gold or silver, we under- stand that the legal advisers to the GATT Secretariat take the view that this refers only to bullion. DTI have therefore taken the firm view that a mandatory ban would be a clear breach of the GATT. Prior to the imposition of the ban, we discussed with DTI what line we should take in response to questions about the lega- lity of the ban under GATT and we were anxious to avoid not leaving ourselves open to the charge of wilfully misconstruing it as well as avoiding implications that we had accepted justifications advanced, we believed wrongly, by other contracting parties. The following public line was therefore agreed: The Government took careful account of all the relevant factors as I am sure did other countries when they decided to act."
That is unlikely to be a satisfactory response from you. to Owada. But the Department here agreed there is no harm in your telling Owada that we are aware that the import ban is challengeable under GATT but that our decision was prompted primarily by political rather than legal considerations. The obligation to ban was assumed at Nassau and by the time we acted the United States as well as a number of Commonwealth countries (Australia, India, Nigeria) had imposed their own bans.
HKK
122/
23 SEP 1986
CONFIDENTIAL
/Hong Kong