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124 Minute From Shaw To Loomes And Brennan

29th December, 1955

CANBERRA

Japan-Treaty of Friendship, Commerce and Navigation
I am not happy about merely telling the Japanese we cannot enter
into negotiations on a treaty. We will probably have to end up by
doing this but I would like to be more certain we have done all we
can to meet their ultimate requirements.

2. In the case of entry and residence of business people I cannot
understand why Immigration cannot now take such action as will
enable us to inform the Japanese that they were treated on a basis
of complete equality with other Asians or perhaps that of other
aliens. If they have to go to their Minister with this they should
do so.

3. On trade matters I have never been convinced that Australia
could not afford m.f.n. treatment with Japan with appropriate
safeguards. I have never seen an adequate Customs statement
showing that the dangers to our own industry or even to British
exporters were such that they could not be avoided by the present
G.A.T.T. safeguards or some understanding on m.f.n.

4. The only way to prove this would be action in concert with the
Department of Commerce which we have never been able to agree on.

5. Again I doubt if we could do this but let us look at it further
before giving up.

6. Would you look again also at the other aspects of the draft
Treaty. [1]

1 Loomes called for a re-examination of the question, in the light
of Shaw's comments and those of Tange, who had requested further
discussion. In the event, Casey informed Suzuki on 6 January 1956
that Australia could not negotiate such a treaty because of
difficulties arising from the federal nature of Australia's
constitution.


[AA : A1838/2, 759/1/9, i]
Last Updated: 11 September 2013
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