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Nis 091/z
(114
072515
MDTTAN 1090
RESTRICTED
FM WASHINGTON
TO TELELETTER FCO
TELELETTER NFR
OF 21003OZ NOVEMBER 92
AND TO TELELETTER HONG KONG, PEKING
FROM: S D PATTISON, WASHINGTON
23/1
Mr Fuy ne
Mr Man's
(pay
Mr Waben
23/11
TO:
P RICKETTS ESQ, HONG KONG DEPARTMENT, FCO
OK!
CC:
DEPUTY LEGAL ADVISER, HONG KONG
CHANCERY PEKING
FCO TELNO 1365 TO WASHINGTON:
CHINA/MEN
I WAS PUZZLED BY THE REFERENCE IN PARA 4 OF TUR TO FACING A BILL ON MFN EARLY IN THE LIFE OF THE CLINTON ADMINISTRATION. IT MIGHT BE WORTH REMINDING YOU, AND ADDRESSEES, OF THE MFN PROCESS.
1 "
THE PRESIDENT MUST RENEW MFN FOR CHINA EACH YEAR CON 3 JUNE). IF HE DOES NOT RENEW IT, CHINA LOSES MFN. IT WOULD, THEREFORE, IN THEORY
BE POSSIBLE FOR CLINTON OR THE CONGRESS TO DO NOTHING
BETWEEN NOW AND 3 JUNE AND FOR MEN TO LAPSE.
2.
3.
IT IS ALSO POSSIBLE FOR THE PRESIDENT TO ISSUE AN EXECUTIVE ORDER (OR SIMPLY A POLICY STATEMENT) AT ANY TIME SETTING CONDITIONS FOR MEN RENEWAL. THE PRESIDENT COULD, FOR EXAMPLE, ISSUE AN ORDER OR STATEMENT SOON AFTER TAKING OFFICE SAYING THAT MEN WOULD NOT BE RENEWED IN JUNE 1993 UNLESS THE CHINESE FULFILLED CERTAIN CONDITIONS. OR HE COULD ANNOUNCE IN JUNE 1993 THAT HE WAS RENEWING MFN UNCONDITIONALLY FOR ANOTHER YEAR, BUT THAT IF THE CHINESE WANTED IT RENEWED IN JUNE 1994 THEY WOULD HAVE TO FULFIL CERTAIN CONDITIONS. THE ADVANTAGES OF EXECUTIVE ORDERS ARE (A) THEY DO NOT NEED CONGRESSIONAL APPROVAL, AND (B) DRAFTING REMAINS ENTIRELY IN THE ADMINISTRATION'S HANDS, SO THAT IF HE WANTED, CLINTON COULD SET VAGUELY WORDED CONDITIONS SO AS NOT TO IMPOSE TOO ONEROUS A BURDEN ON THE CHINESE (I.E THE CONDITIONS MIGHT SIMPLY REQUIRE THE PRESIDENT TO CERTIFY THAT PROGRESS HAD BEEN MADE IN HUMAN RIGHTS, MARKET ACCESS, ARMS PROLIFERATION).
#
4. IT IS, OF COURSE, ALWAYS POSSIBLE FOR THE ADMINISTRATION TO INTRODUCE A BILL IN CONGRESS SETTING CONDITIONS FOR MEN.
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