27 September, 1967.
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Anglo Benelux A-reed winute on "rade
In my letter of 22nd September I said that we were checking with Jur legal advisers on the suitability of the wording "Dependent Wersens Territories" to describe "those territories for whose international relations the British Government are responsible":
2. I understand that although it does not really matter what expression ia used for our territories so long as it is properly defined, a more appropriate expression would be "United Kingdom Werseas Territories". You might care to consider amending the draft Agreed Minute accordingly.
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3. Although our lawyers were asked only to comment specifically on the wording used to describe dependent territories, they have drawn to my attention one or two other points of weakness, from a legal angle, in the document. I understand that the document is not intended to constitute an agreement and from that point of view it would be an improvement if the word "Agreed" were omitted throughout where it occurs before the word "Minute" as it has teen in two places in the draft. ur lawyers tell me that it is preferable not to use the word "ahall" in a document which is not to constitute an agreement. *ill" is normally used, as it has been throughout the document except in paragraph 2. Thirdly, the word "validity might be understood to signify that the document is intended to have some force und nɔt to be only a record of understandi From a legal point view, it would be preferable 17 Bome word could be foun in place of "validity" silici. buic not have that implication and a suitable substitute might be "applicatiun'
Finally, in paragraph 6 of the minute "Government 21" suvale be inserted before "united Kingdom". I should hasten to add that these latter points were thrown in for good measure by our legal adviser when I referred to him the question of the wording used to describe territories for whose international relations the Government of the united Kingdom are responsible. It is, therefore, up to you do decide whether you wish to incorporate these additional commente since it is not strictly correct for the Commonwealth wii:ce to make then.
4. I am sending a copy of this letter to the recipients of your letter with 41/1967 of & Geptember,
2.2.8. Corley, deq.,
0.5.4. Department,
Board of Trade
Vistoria street
Landon, 2.7.1.
F
57
Sorrice)
Common Market Devartsent
RECEIVED IN
ARCHIVES No. 63
29 SEP1967
HWB 6/2
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