RESTRICTED
FM VIENNA
TO PRIORITY FCO
TELNO 334
OF 051319Z NOVEMBER 93
INFO PRIORITY HONG KONG
RESTRICTED
Mr. Mulcahy & will
Consult Hoo.
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874.
HUD 345/3
REGEL E
122
033126
MDLIAN 8316
- 9 NOV 1993
INDES
DIST
TOP COPY
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YOUR TELNO 179 AND OUR TELNO 327: VISA REQUIREMENT FOR BRITISH NATIONAL COVERSEAS) PASSPORT HOLDERS VISITING AUSTRIA
118
SUMMARY
•
1. AUSTRIANS AGREE TO EXCHANGE OF NOTES PROVIDED ASSURANCE CAN BE GIVEN ON RETURNABILITY IN ACCORDANCE WITH 1968 AGREEMENT.
DETAIL
2.
WE HAVE DISCUSSED WITH MFA THE PROPOSAL TO AMEND THE 1968 EXCHANGE OF NOTES TO INCLUDE HOLDERS OF BN (0) PASSPORTS. AUSTRIAN AUTHORITIES ARE PREPARED TO NEGOTIATE A FURTHER EXCHANGE OF NOTES PROVIDED THAT THE UK GOVERNMENT CAN MAKE A DECLARATION STATING THAT ARTICLE 6 OF THE 1968 EXCHANGE OF NOTES WILL COVER BN (0) PASSPORT HOLDERS. THEY WOULD ALSO LIKE A DECLARATION STATING THAT THIS ARTICLE ALSO COVERS BDTCS. WITHOUT SUCH DECLARATIONS THEY COULD NOT AGREE TO AN EXCHANGE OF NOTES AND IN ADDITION WOULD HAVE TO LOOK AGAIN AT THEIR ACCEPTANCE OF BDTC PASSPORTS WITHIN THE AGREEMENT.
3.
ARTICLE 6 OF THE EXCHANGE OF NOTES COVERS THE QUESTION OF RETURNABILITY AND THE AUSTRIANS INTERPRET IT TO MEAN THAT THE UK IS OBLIGED TO ACCEPT HOLDERS OF BDTC PASSPORTS AS THEY HAVE ENTERED AUSTRIA UNDER THE TERMS OF THE AGREEMENT (IE VISA FREE). THE SAME WOULD APPLY TO BN (0) PASSPORT HOLDERS IF THE EXCHANGE OF NOTES WERE AMENDED TO INCLUDE THEM. THE HEAD OF THE MFA VISA DEPARTMENT TOLD US THAT WHEN THEY ACCEPTED BDTC PASSPORTS AS COMING UNDER THE EXCHANGE OF NOTES THEY HAD ASSUMED THAT THIS ARTICLE WAS BINDING. THEY NOW FEEL THAT AS BDTC PASSPORT HOLDERS DO NOT HAVE THE RIGHT OF ABODE IN THE UNITED KINGDOM AND ARE THEREFORE SUBJECT TO CONTROL, ARTICLE 6 CANNOT BE ENFORCED. UNLESS A DECLARATION AS THEY SUGGEST CAN BE GIVEN, THEN THEY MAY RETRACT THEIR ACCEPTANCE OF BDTC PASSPORTS AS COMING UNDER THE AGREEMENT, WHICH WOULD OF COURSE AFFECT ALL BDTC PASSPORT HOLDERS, NOT ONLY THOSE FROM HONG KONG (SEE PARA 1 OF HONG KONG TELNO 418 TO FCO).
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