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Sunday, December 20, 2009

Bermuda accepts a new General Entrustment with UK

By Mikaela Ian Pearman

Government has accepted a new version of a document setting out an agreement between the UK and Bermuda governments over what the Island can negotiate for themselves.

The 1968 General Entrustment was reviewed after the controversy over the Uighurs because the UK said Bermuda had no right to negotiate their resettlement.

The new agreement states: "In view of the general responsibility of the Government of the United Kingdom for the external affairs of Bermuda, the Government of Bermuda will inform the Government of the United Kingdom, through the Governor, prior to the commencement of any formal negotiations delegated to the Government of Bermuda by paragraph two of this letter and, thereafter, will keep them informed of the progress of any such negotiations, and will consult the Government of the United Kingdom on the text of any proposed agreement or other instrument in good time before the agreement or other instrument is to be concluded.

"The Government of the United Kingdom will inform the Government of Bermuda if it should appear that the actions or proposals of the Government of Bermuda conflict with, or are likely to lead to conflict with the international commitments or obligations, the responsibilities or any policies of the Government of the United Kingdom.

"In that event the Government of the United Kingdom will advise the Bermuda Government as regards those commitments, obligations or policies and, so far as possible, further advise how best the intentions and proposals of the Government of Bermuda might be carried into effect.

"But it will be necessary for the Government of Bermuda to abide by the decision of the Government of the United Kingdom."

And Government will now have to report annually on all areas covered by the entrustment.

The agreement states: "The Government of Bermuda will provide annually a written report to the Government of the United Kingdom through the Governor summarizing the activities which have taken place under the terms of this entrustment during the preceding year and make the Government of the United Kingdom aware, through the Governor, of any arrangement, memorandum of understanding or other similar instrument that they are negotiating with other counties or with institutions."

The agreement came into effect on December 1 and was accepted by Premier Ewart Brown.

According to a press statement, it is based on the 1968 General Entrustment and maintains all the provisions for direct negotiation which were included in the 1968 text including trade agreements and visits, tourism, cultural, and scientific and technical agreements.

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