CODE
18-77
1. lain-cd you attach the referemes (if any) all Xoverleaf (the issue legen in Ranın 1987) and
to celkynes o.r.
Perce 2- Col Hughes-
Miss Sec Pol
me
مبهم
RESTRICTED
Nothing else
рот те
Ker
(13
0 Z
OPEN SKIES : DIPLOMATIC STATUS FOR INSPECTORS,
1. I received on 14 March your minute of 6 March 1990 to Mrs King. You asked for my views on whether we should argue for diplomatic privileges and immunities for Open Skies inspectors.
2. The first point, of course, is that this is really a question of policy, and this minute will do no more than set out some of the considerations which you and Protocol Department should bear in mind in coming to a decision. The second point is that, strictly speaking, the privileges and immunities will not be granted to "inspectors"; rather confusingly, the Open Skies regime defines "inspectors" as the persons who are designated by the observed party to conduct inspections of the observation aircraft. They will therefore (presumably) be nationals of the observed party, and will not require privileges and immunities while they are carrying out their functions within their own country. The persons who will require privileges and immunities are the "air crew members" who are the people who carry out duties associated with the operation or maintenance of the observation aircraft, or its sensors, or who participate as members of the aircrew of the observation aircraft during the observation flight, or who are "inspector escorts".
3. UK Policy on Privileges and Immunities
Protocol Department will be able to give you detailed guidance on this, but the general policy is that HMG only offers privileges and immunities where that is necessary to enable representatives of a foreign State, or an international organisation, to carry out their proper functions. We take a very restrictive view of the extent of such privileges and immunities, and are careful to ensure that persons who have such privileges or immunities do not abuse their position. I see no reason why this general policy should not also apply to foreign nationals who are carrying out inspections in the UK for the purposes of verifying compliance with arms control measures under "Open Skies" and I am sure Ministers would want to assure Parliament that this was the case. The question is therefore whether it is necessary for Open Skies aircrew members to have privileges and immunities in order to carry out their functions. It may be useful to look up what we
IM3AEV
RESTRICTED