TNAG-1768-FCO40-2522-Hong-Kong-and-the-Multilateral-Investment-Guarantee-Agency-(-1988 — Page 15

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Government has no doubts about UK sovereignty over them. As such,

they are covered by the Convention under Article 66 by virtue of

the United Kingdom's ratification of the Convention on 12 April

1988. In accordance with paragraph 1.21 of the Operational

Regulations the UK has requested developing member country status for the purposes of Article 14 and that, not sovereignty, is the issue which the Board should address and, we trust, agree. Falkland Islands is a recipient of UK's bilateral aid programme

(and included in DAC statistics). We, therefore, wish it to have

similar status with MIGA. (See also IDC (88) 61 of April 1988, and

minute dated 28 July from Mr Martin FID/FCO.)

6.

The

Gibraltar: (If Spain, directly or through an intermediary.

seeks to challenge UK's territorial jurisdiction or to insist that

Spain's prior approval is necessary for the Convention to be

applied, or developing member country status granted, to

Gibraltar). Gibraltar is a British colony and the British

Government has responsibility for its international relations.

Gibraltar Constitution makes it clear that Her Majesty's Government

would not change this status other than in accordance with the

freely and democratically expressed wishes of the people of

Gibraltar. It follows that Article 66 applies the Covention to

Gibraltar by virtue of the United Kingdom's ratification on

12 April 1988. The Board should address itself to the issue of

designation as developing member country under paragraph 1.21 of

the Operational Regulations [and not to territorial jurisdiction

which is not before it]. Gibraltar receives bilateral aid from the

United Kingdom - and this is included in DAC statistics and thus should be treated as a developing member country for the purposes

of Article 14. UK has so requested and we trust that the Board

will agree.

(See also IDC (88) 61 of April 1988 and minute dated

26 July 1988 from Mr Paxman of SED/FCO.)

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BACKGROUND

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