5. I should also like to suggest a few textual amendments to Stan's draft:
11
to the
(i) para 3 11. 3-5: Delete "Denmark's morgage law OECD, and" and substitute: "A recent OECD study identified several cases of positive discrimination for OECD members in the area of inward direct investment and establishment, capital movements, banking, financial services, insurance, transport, and transfers abroad. For example, the Japanese
[Comment: this refers to a study DAFFE/INV/90.6 of 5 March 1990 looking at OECD positive discrimination in the context of the GATT services negotiations; at the last CMIT meeting, the Danes said their mortgage law which we used as an earlier example was no longer valid in this context].
(ii) para 6 last line: I am happy to field enquiries. It might save time if you included my telephone number (Paris 45 24 98 34) and fax number (Paris 45 24 85 00 please mark "for the attention of UK Delegation").
(iii) para 7: I would be wary about going into too much detail about the legal aspects (before we have sorted out our position with the Channel Islands) and the legal/procedural modalities we might follow here to regularise the position with our OECD partners/the OECD Secretariat. I share Stan's wish to encourage the DTS to take a global look at the OECD product and discourage any attempts to pick and choose. Could I suggest the following redraft:
"17.
to
in
Certain legal aspects remain
be resolved, consultation with the OECD Legal Service; but we now need to establish which DTs wish to be considered as falling into the OECD area, and therefore bound by OECD Decisions and Instruments such as the Codes. It would greatly ease our task of settling this question within the OECD if we could have a simple yes or no answer. Any attempt by individual DTs to argue for special treatment under certain instruments would not only be very difficult to sell to our OECD partners (who would not want to break the tradition of equality of treatment for all) but undermine the obligation from our partners to extend the full range of benefits under the Codes to the territories in question. Once it is established that certain DTS wish to change their status from passive to active OECD membership, we shall need to make arrangements to consult them when modifications are negotiated to OECD instruments which may affect them."
6. Please let me know if I can help with any further points.
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Rober
RA E Gordon
C Whomersley Esq Legal Advisers FCO
A MacFarlane Esq Home Office
J Slaughter Esq EEP2 DTI
Mr Gorham, WIAD FCO Mr Tatham, FID FCO
Mr Madden, SED FCO
290390R1.doc
Mr Paul, HKD FCO
Mr Jenkinson, Bank of England
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