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provisions in Articles 5 (1) and 5 (3) of the Convention
which take arms and similar goods outside the scope of the
Convention altogether, is not dissimilar and also requires
modification.
3. The Secretary of State would suggest that a statement
to the effect that the Convention "in given circumstances
"excludes the export and import of arms from the scope of the
"Convention" accurately states the position. It is, for
example, possible under the terms of the Convention to prohibit
the transit of arms not only in the two instances referred to
in paragraph 2 of your letter, but also in circumstances falling
under Articles 7, 8 and 9 of the Statute or Article 2 of the
Convention.
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4. All other cases of the transport of arms are, generally
speaking, governed by the Convention and in such cases transit
cannot normally be refused. It is nevertheless possible, in a
given case, that both the Government of the country of export
and the Government of the country of import may agree to waive
their rights under the Convention. In this event, it would
not, in the Secretary of State's opinion be possible to raise
objection if the Government of an intermediate territory chose
to prohibit the transit of the arms in contravention of the
terms of the Convention.
5. A copy of this letter has been sent to the Board of
Trade.
I am,
Sir,
Your obedient Servant,
Co. Orde
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