POSITIONS IN CASE THE DFA ULTIMATELY WILL NOT BUY THE US/FRG OR US LANGUAGE. I SHOULD BE GRATEFUL FOR AGREEMENT TO USE THE FOLLOWING, IN THE ORDER GIVEN, IF IT EVENTUALLY COMES TO THIS:
' AND
IN ACCORDANCE WITH
.
(A) THE FRG TEXT WITH THE INSERTION OF INTERNATIONAL LAW' IMMEDIATELY AFTER 'AS DEFINED IN ITS LAWS' THIS IS OPTION 4C OF YOUR TELNO 205 ON ASAS. WE UNDERSTAND A SIMILAR DEVICE HAS BEEN AGREED FOR A NEW NETHERLANDS/INDONESIA DTA, AS YET UNSIGNED.
WITH
(B) THE FRG TEXT WITH A COMMA INSERTED BEFORE ' IN ACCORDANCE
INTERNATIONAL LAW'.
THIS, ARGUABLY, WOULD HAVE THE MEANING WIRYONO SOUGHT TO CONSTRUE, APPLYING
THE ABOVE PHRASE TO BOTH HALVES OF THE PRECEDING TEXT. WE UNDERSTAND (PLEASE PROTECT) THAT IT IS THE FINAL FALLBACK FOR THE AUSTRALIANS IN THEIR CURRENT DTA NEGOTIATIONS.
IN EITHER CASE PRIMA FACIE THE TEXT IS NOT IDEAL: WE APPEAR TO BE CONCEDING A POINT TO THE INDONESIANS, BUT IN FACT WE PRESERVE OUR POSITION. IN BOTH CASES WE WOULD AVOID THE UNLOSC DIFFICULTIES. IF THE INDONESIANS REVERT TO THIS POINT (WHICH SEEMS UNLIKELY GIVEN THE TEXT WIRYONO USED, AND THE INDONESIAN PROPOSAL FOR THE ASA),I SUGGESTED WE RELUCTANTLY ALLOW OURSELVES TO BE PUSHED TO THE US SOLUTION, ON UNLOSC, WITH SIDE LETTERS (ALTHOUGH THIS WOULD MAKE FOR AN AWKWARD
DRAFT IF, BY ANALOGY WITH (B) ABOVE, IN ACCORDANCE WITH INTERNATIONAL LAW' IS ALSO ADDED). I BELIEVE THAT WE SHOULD MAKE NO CONCESSION ON UNLOSC UNTIL WE HAVE SORTED OUT THE INDONESIAN/INTERNATIONAL LAWS PROBLEM.
8. GRATEFUL FOR EARLY INSTRUCTIONS. WE MUST KEEP THE PRESSURE ON THE DFA, AND NOT ALLOW THIS ISSUE TO FALL INTO ABEYANCE AGAIN.
CARRICK
YYYY
ΜΑΙΝ
103
LIMITED
10
6
SEAD
10
HKD
9
AMD
5
ERD
6
ESAU
1
ECON ADV
4
INFO
10
JOINT DIRECTORATE
5
LEGAL ADV
7
NEWS
10
PUSD
25
PS/LORD CAITHNESS
1
SIR J COLES
1
MR BAYNE
1
MR SLATER
1
MR BURNS
1
ADDITIONAL
3
DTI VIC ST
1
No comments yet.
Private notes are available after approval.