RESTRICTED
176406
MDHIAN 9108
RESTRICTED
FM BUENOS AIRES
TO IMMEDIATE FCO
TELNO 29
OF 141255Z JANUARY 92
AND TO IMMEDIATE HONG KONG
HKD345/1
TOP COPY Q DIST?
HONG KONG'S TELNOS 73: VISA WAIVER: ARGENTINA/HONG KONG
1. ON 13 JANUARY WE PUT COMMENTS IN TUR TO THE MFA. SUBJECT TO CONFIRMATION BY MORE SENIOR OFFICIALS, THE MFA RESPONDED PROVISIONALLY AS FOLLOWING:
(A) ARGENTINE PARAGRAPH 3: INDEPENDENTLY OR DEPENDENTLY IS
MORE CORRECTLY TRANSLATED AS QUOTE ON A SELF-EMPLOYED OR
SALARIED BASIS UNQUOTE. IT IS IN THE ORIGINAL UK AND ARGENTINE VISA WAIVER AGREEMENT. IT WAS PUT IN TO MAKE CLEAR THAT THOSE INVOLVED IN GAINFUL ACTIVITIES REMAINED SUBJECT TO OTHER LAWS AND REGULATIONS E.G. TAXES. IT IS NOT A REQUIREMENT FOR VISITING BUSINESSMEN TO HAVE VISAS.
(B) ARGENTINE PARAGRAPH 4: 'PUBLIC POLICY' IS ACCEPTABLE
IN THE ENGLISH VERSION. BUT IT DOES NOT TRANSLATE NEATLY AND
THE ARGENTINES WOULD PREFER TO RETAIN 'ORDEN PUBLICO' IN THE
SPANISH VERSION OR SIMPLY OMIT THE PHRASE 'FOR REASONS OF PUBLIC ORDER' ENTIRELY. WHICH DO YOU PREFER?
(C) ARGENTINE PARAGRAPH 5: 90 DAYS NOTICE TO THE ARGENTINES. (FCO TELNO 36 AND HONG
IS NOW ACCEPTABLE KONG TELNO 106 REFER.)
(D) ARGENTINE PARAGRAPH 5: THE ARGENTINES ARGUE THAT TO EXCLUDE A LIMITATION DATE WOULD FORCE THEM TO TERMINATE THE AGREEMENT IN 1997 WHICH WOULD PORTRAY THEM IN A NEGATIVE LIGHT AND MIGHT AFFECT THEIR RELATIONS WITH CHINA. THEY TOOK ON BOARD THE QUESTION OF POLITICAL SENSITIVITY AND OFFERED TWO PROVISIONAL SOLUTIONS. A LIMITATION DATE COULD BE INCLUDED IN A SEPARATE CONFIDENTIAL MEMORANDUM OF UNDERSTANDING BETWEEN THE TWO GOVERNMENTS. OR AT THE OFFICIAL EXCHANGE OF NOTES THE ARGENTINES COULD PRESENT US WITH A CONFIDENTIAL OFFICIAL NOTE STATING THAT THEY INTEND TO TERMINATE THE AGREEMENT IN 1997. WE STRESSED THAT OUR INSTRUCTIONS WERE THAT YOU WOULD PREFER NO AGREEMENT AT ALL THAN ONE REFERRING TO A LIMITATION DATE. THE ARGENTINES SAID THIS WOULD NECESSITATE A POLITICAL DECISION ON ARGENTINE/SINO
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