TNAG-2110-FCO40-3009-Hong-Kong-participation-in-international-organisations-1990 — Page 300

K E Pierce, Security Policy Department

OPEN SKIES: AREA OF APPLICATION

Reference...

Your minute of 22 February, asking for notes on a draft submission refers.

1.

2.

We have a few drafting amendments (attached) but there is a more fundamental problem which we discussed and, since it effects other departments and other arms control agreements, I should set down on paper. It concerns the definition of UK territory.

3.

The term is used throughout your draft on the basis that it applies automatically to all territories for which the UK is internationally responsible, including dependent territories. The immediate practical consequence is that we are left in a position of having to decide (and if necessary defend) what exclusions from the agreement we would like to make.

4.

I

There may be good legal arguments for this approach. note the US position. But unlike the French (for instance) we do not operate the concept of non-metropolitan sovereign territory (in the French case, the DOMS). Not even the Cyprus Sovereign Base Areas (SBAS) - despite their name fall into this category. Our interests might be better served by taking the approach that UK territory should refer to the United Kingdom only, treating dependent territories separately, with their inclusion in any particular agreement being decided individually and in the light of the circumstances.

5.

(0

23/2

This corresponds more closely to what I understand must happen in practice to treaties of this sort. It avoids awkardness over cases like Gibraltar (where the question of political integration with the UK was at one time live issue and could still resurface). It would also have the merit of leaving us with the whip-hand.

6. As you will see from our manuscript amendments, we are happy to see Gibraltar and the Cyprus SBAS included in the area of application of the Open Skies agreement, on the understanding that both Spain and the Republic of Cyprus will also be parties to the agreement when it is signed.

22 February 1990

CC:

Mr Berman

Legal Advisers

H Warren-Gash

Haydon Conwen. Bish

Southern European Department 270 2978

W71

Mr Chamberlain, Legal Advisers

Mr Penfold, WIAD

Mr Edgar, Soviet Dept

Mr Turner, EAD

Mr Sawyer, Defence Dept

Ms Gallagher, FID

Ms Major, HKD

SE6AAE

CONFIDENTIAL

HKCOBI/10

RECEIVED IN REGISTRY

ربا

/ YES 1900

DECK OFFICE

"EGISTRY

Action Taken

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