Деловая и дипломатическая переписка = Business And Diplomatic Correspondence. Учебное пособие

Presidential Letter — Re-establishing Diplomatic Relations and Permanent Diplomatic Missions1

June 30, 2015

His Excellency

Raul Castro Ruz

President of the Council of State

and the Council of Ministers of the Republic of Cuba Havana

Dear Mr President:

I am pleased to confirm, following high-level discussions between our two governments, and in accordance with international law and practice, that the United States of America and the Republic of Cuba have decided to re-establish diplomatic relations and permanent diplomatic missions in our respective countries on July 20, 2015.This is an important step forward in the process of normalizing relations betweenourtwocountriesandpeoplesthatweinitiatedlastDecember.

In making this decision, the United States is encouraged by the reciprocal intention to develop respectful and cooperative relations between our two peoples and governments consistent with the Purposes and Principles enshrined in the Charter of the United Nations, including those related to sovereign equality of States, settlement of international disputes by peaceful means, respect for the territorial integrity and political independence of States, respect for equal rights and self-determination of peoples, non-interference in the internalaffairsofStates,andpromotionandencouragementofrespect for human rights and fundamental freedoms for all.

The United States and Cuba are each parties to theVienna Convention on Diplomatic Relations, signed at Vienna onApril 18, 1961, and the Vienna Convention on Consular Relations, signed at Vienna on April 24, 1963. I am pleased to confirm the understanding of the United States that these agreements will apply to diplomatic and consular relations between our two countries.

Sincerely, Barack Obama

1 Presidential Letter. Re-establishing Diplomatic Relations and Permanent Diplomatic Missions // The White House, President Barack Obama. — URL: https://obamawhitehouse. archives.gov/the-press-office/2015/07/01/presidential-letter-re-establishing-diplomatic- relations-and-permanent-0

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Message of congratulations to Antуnio Guterres, SecretaryGeneral Designate of the United Nations1

Dear Colleague,

Allow me to extend congratulations on your appointment as SecretaryGeneraloftheUnitedNations.Isendmybestwishesforyourcontinued wisdom, strength and commitment in performing the important and responsible duties of this position.

I am very pleased that your long-standing experience and determined efforts to provide support and care for refugees around the world as well astomobilizeinternationalassistanceforthedisplacedhavebeenhighly evaluated, and rightly so. In the face of the migration crisis, your leadership will definitely help to bring the international community togetherforfindingaunitedresponsetomanycriticalproblemsoftoday.

The ongoing threat of terrorism, climate change, people in zones of conflict and forcibly displaced persons, children who are unable to go to school, women exposed to violence, and many other serious challenges require that the United Nations stand strong in its efforts and moral leadership. Disrespect for the fundamental principles of the United Nations and international law most painfully affects innocent civilians, especially women and children.There is still lack of progress in fully engaging women in political, social and economic processes, ensuring their equal opportunities and rights worldwide.

On the other hand, the constructive international dialogue on the 2030 Agenda for Sustainable Development and the historic success of the Paris Climate Agreement give hope that the international community recognizes our joint responsibility for dealing with today’s global challenges. You now have the difficult but very important duty of encouraging — continuously and tirelessly — member states to seek compromises and convincing them that common solutions benefit us all.

I firmly believe that together we will continue the tradition of cooperation, built on trust and respect, between Lithuania and the United Nations, which will serve as a solid foundation for our future work during your term in office.

I wish you the best of success in your new challenging responsibilities. Please accept the assurances of my highest consideration.

Dalia Grybauskaitė, President of the Republic of Lithuania

activities/messages-of-congratulation/message-of-congratulations-to-antnio-guterres-secretary- general-designate-of-the-united-nations/26391

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Foreign Ministry,

Kingdom of West Verklempt

To:

Hon. Lupo Strelski

Foreign Minister,

Republic of Buttwind

Your Excellency, Greetings:

This message is in reply to your message regarding diplomatic relations between out two great nations. I am quite pleased to announce that, with the approval of His Majesty, King Maximilian XXVIII, the Kingdom of West Verklempt would be quite amenable to the formalization of diplomatic relations with the Republic of Buttwind.

An exchange of ambassadors will be the natural next step in the diplomatic process. Please contact me at your earliest convenience to make arrangements for this exchange.

Respectfully,

Count Kurt Krellnikov

Foreign Minister,

Kingdom of West Verklempt

1 Sample Diplomatic Letter // GeocitiesSites.com. — URL: http://geocitiessites.com/ micronations/letter.html

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NOTES

Note verbale1

The Delegation of the European Union presents its compliments to the Ministry of Foreign Affairs and International Co-operation of the Kingdom of Cambodia and wishes to transmit in annex a statement by the Spokesperson of the EU High Representative CatherineAshton on the death of King Father Norodom Sihanouk.

TheDelegationoftheEuropeanUniontotheKingdomofCambodia avails itself of this opportunity to renew to the Ministry of Foreign Affairs and International Cooperation of the Kingdom of Cambodia the assurances of its highest consideration.

Phnom Penh, 15 October 2012

The Secretary-General of the United Nations presents his compliments to the Permanent Representative of ... to the United Nations (Vienna) and has the honour to inform the Government that the eleventh session of the Committee on Crime Prevention and Control, which is the preparatory body for the Eighth United

Nations Congress on the Prevention of Crime and the Treatment of Offenders, will be held at the Vienna International Centre from 5 to 16 February 19__. This session is of particular importance as it will, inter alia, finalize substantive preparations and organizational arrangements for the Eighth Congress, to be held at Havana, Cuba, from 27August to 7 September 19__.

The provisional agenda for the meeting is enclosed. Other documents will be sent to interested Governments in due course.

The Secretary-General would appreciate it if the Governments wishing to participate in the meetings as observers would communicate the names and titles of their representatives to the United Nations Office at Vienna, Centre for Social Development andHumanitarianAffairs,P.O.Box500,A—1400Vienna,Austria.

21 September 19__

1 Борисенко И. И., Евтушенко Л. И. Английский язык в международных документах (право, торговля, дипломатия): учеб. пособие. — 3-е изд., перераб. и доп. — Киев: ИП Логос, 2003. — 480 с.

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The Ministry of ForeignAffairs and International Cooperation of the Kingdom of Cambodia presents its compliments to the Embassy of the United Kingdom and has the honour to forward herewith the letter of H.E. Mr. HOR Namhong, Deputy Prime Minister, Minister of Foreign Affairs and International Cooperation of the Royal Government of Cambodia addressed to H. E. Mr, Minister of Foreign Affairs of the United Kingdom for further transmission to its high destination.

The Ministry of ForeignAffairs and International Cooperation of the Kingdom of Cambodia avails itself of this opportunity to renew to the Embassy of the United Kingdom the assurances of its highest consideration.

Phnom Penh, October, 2010

The Ministry of ForeignAffairs of the Republic of... presents its compliments to the Embassy of the Republic of... and, in reference to depositary notification of 22 May 19__, circulated by the United Nations Secretariat, concerning the ratification by the Government of the Republic of … of the United Nations ConventionontheLawoftheSea,hasthehonourtocommunicatethefollowing:

The Republic of ... considers that paragraphs 6 and 7 of the statement made by theRepublicof...uponsignature,andconfirmeduponratification,oftheUnited Nations Convention on the Law of the Sea, in essence contain reservations and exceptions to the Convention, which are inadmissible under article 309 of the Convention.At the same time, this statement is incompatible with article 310 of the Convention under which States may make declarations and statements only "provided that such declarations and statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State".

Paragraph 6 of the statement of the Republic of ... affirms that "the concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Republic of ... and removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation". Such a concept of the legal status of archipelagic waters is in contravention of part IV of the United Nations Convention on the Law of the Sea.

Proceeding from the foregoing, the Republic of ... cannot recognize as lawful the statement of the Republic of ... and considers it to be devoid of legal effect due to its discrepancy with the provisions of the United Nations Convention on the Law of the Sea.

The Ministry of Foreign Affairs of the Republic of... avails itself of the opportunity to renew to the Embassy of the Republic of... the assurances of its highest consideration.

1 Борисенко И. И., Евтушенко Л. И. Указ. соч.

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Interoffice Memorandum1

To the Under-Secretary for Conference Services

1. You asked for our comments and advice on the subject of protection of the United Nations cultural property in the event of an armed conflict, in particular as it related to the United Nations Office at Geneva.

The question of the applicability to the United Nations of the Convention for the Protection of Cultural Property in the Event of anArmed Conflict appeared, upon examination, to be one of considerable complexity

In order to clarify the various matters involved, we decided to seek I he advice of Unesco, under whose auspices the Convention was concluded and which under the Convention has certain special responsibilities in regard to its application.

2. Our observations would be as follows:

(i)Because under the Convention "cultural property" covers property "irrespective of origin or ownership", United Nations cultural property is already protected, under Chapter I of the Convention, in those Slates which are Parties to the Convention.

(ii)Article 3 of the Convention states that "The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate". There may be advantage for the United Nations Office at Geneva to retain contacts in this connection with the Swiss authorities,­ in order to be informed of the measures of protection envisaged or adopted by Switzerland.

It would appear however to us that the United Nations itself should take the precautionary measures which it may deem fit while keeping Swiss authorities informed in appropriate circumstances.

3. In the light of all relevant factors, our opinion would be that while we should remain in contact with Switzerland and possibly other host States Parties to the Convention as to the measures they are taking under the Convention and make them aware, at appropriate times, of the problem which the utilization for military purposes of areas surrounding United Nations buildings may present for the Organization, we should not, in the present circumstances, seek "special protection" under the Convention.

Our position in this respect is motivated by the general attitude the United Nations has to preserve as regards the admissibility of armed conflicts, the responsibilities it has with respect to the maintenance of international peace and security, and the fact that we may assume that the Organization's buildings and belongings would presumably be respected to the extent possible in case of an armed conflict, because of their very nature and purposes.

1 Борисенко И. И., Евтушенко Л. И. Указ. соч.

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Appendix I. DIPLOMATIC CORRESPONDENCE

Letters. Diplomatic correspondence is correspondence between one state and another, usually — though not exclusively — of a formal character. It follows several widely observed customs and style in composition, substance, presentation, and delivery and can generally be categorized into letters and notes.

Letters between two monarchs of equal rank will typically begin with the salutation "Sir My Brother" (or "Madame My Sister", in the case of a female monarch) and close with the valediction "Your Good Brother" (or Sister, in the case of a female monarch). In the case where one monarch is of inferior rank to the other (for instance, if the Grand Duke of Luxembourg were to correspond to the Queen of the United Kingdom), the inferior monarch will use the salutation "Sir" (or "Madame"), while the superior monarch may refer to the other as "Cousin" instead of "Brother". If either the sender or the recipient is the head-of-state of a republic, letters may begin with the salutation "My Great and Good Friend" and close with the valediction "Your Good Friend"; beneath the signature line will be inscribed "To Our Great and Good Friend [Name and Title of Recipient]".

Letters of credence. A letter of credence (lettres de créance) or credentials is the instrument by which a head of state exercises his or herpowertoappoint("accredit")ambassadorsandministerstoforeign countries. The letter of credence is signed by the sending head of state and is addressed to the receiving head of state. In some countries, letters accrediting or recalling ambassadors or ministers are also countersigned by a minister of state.

The particular elements of a letter of credence vary from country to country, but "the essence of any letter of credence is contained in the final phrase asking that credit may be given to all that the ambassador may say in the name of his sovereign or Government". Usually "the appointment and reception of diplomatic representatives are matters of protocol and ceremony" but there are occasionally "legal implications in the context of questions as to the legitimacy of

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a particular head of State" because addressing letters of credence to, or accepting letters of credence from, a foreign head of state has implicationsrelatingto recognitionof a particulargovernment.Letters of credence date to the thirteenth century.

An envoy typically receives both an enclosed letter of credence as well as an unsealed copy. Once the envoy reaches his destination": he sends the copy to the Foreign Office in order to make his arrival known. The sealed original, however, is handed personally by the envoy to the head of the State to whom he is accredited. Chargés d’affaires receive a letter of credence too, but as they are accredited from Foreign Office to Foreign Office, their letter of credence is signed, not by the head of their home State, but by its Foreign Office.

Letters of recall. Aletter of recall is formal correspondence from one head-of-state notifying a second head-of-state that he or she is recalling his state’s ambassador.

How toAddress a Letter to an Embassy

An embassy is the official office of one country’s ambassador in another country. The ambassador is the official representative of their country. Both embassies and consulates handle the affairs of one countrywhileinanothercountry.Ifyouwishtoaddresstheambassador or another member of the embassy or consular staff, you must write a formal letter. This letter should include your personal details, requests and reasons for writing, and formal salutations, or you may not get a response. How you address a letter to an embassy depends on the country and particular individual to which you are writing.

Notes. Note verbale is a piece of diplomatic correspondence prepared in the third person and unsigned: less formal than a note (also called a letter of protest) but more formal than an aide-mémoire. Anote verbale can also be referred to as a third person note (TPN).

Note verbale. Anote verbale is the most formal form of note and is so-named as it originally represented a formal record of information delivered orally. Notes verbale are written in the third person and printed on official letterhead; they are typically sealed with an embosser or, in some cases, a stamp.

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All notes verbale begin with a formal salutation, typically: "The [name of sending state’s] Embassy presents its compliments to the Ministry of Foreign Affairs and has the honor to invite their attention to the following matter".

Notesverbaleswillalsoclosewithaformalvalediction,typically: "The Embassy avails itself of this opportunity of assuring the Ministry of its highest consideration".

Collective note. A collective note is a letter delivered from multiple states to a single recipient state. It is always written in the third person. The collective note has been a rarely used form of diplomaticcommunicationduetothedifficultyinobtainingagreements among multiple states to the exact wording of a letter.

Identic note. An identic note is a letter delivered from a single state to multiple recipient states. Examples include the identic note sent by Thomas Jefferson regarding action against the Barbary Pirates and that from the United States to China and the Soviet Union in 1929. In it, the United States called on the other two powers to resolve their differences over the Eastern China Railway peacefully.

Bouts de papier. A bout de papier (speaking note) may be presented by a visiting official when meeting with an official from another state at the conclusion of the meeting. Prepared in advance, it contains a short summary of the main points addressed by the visiting official during the meeting and, firstly, serves as a memory aid for the visiting official when speaking. It, secondly, removes ambiguity about thesubjectofthemeetingoccasionedbyverbalmiscuesbythevisiting official. Bouts de papier are always presented without credit or attribution so as to preserve the confidentiality of the meeting in case the document is later disclosed.

Memorandum. A memorandum is most often an addendum to a note. It sets forth in detail the factual aspects of a question, offers an analysis of some provisions, or contains exceptions to statements of theotherside.Amemorandum-addendumisnotwrittenonaletterhead, does not have a number, and usually (though not in all countries) gives the place and date of dispatch. However, if it is sent individually (the

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so-called express memorandum) or by courier, it is written on a letterhead, gives the place and date of dispatch, but never has a signature or seal.

One type of diplomatic document — the aide-mémoire — is in the nature of a brief memorandum supplementing an oral statement. It is written in an impersonal form, without salutations, number, or address, but does indicate the place and date of dispatch.As a rule it is passed from hand to hand during a discussion. A special delivery express aide-mémoire is sent individually and serves as a reminder concerning a matter that had already been communicated or discussed in a previous memorandum. In form the express aide-mémoire hardly differsfromaverbalnote.Likethelatteritiswritteninthethirdperson on a letterhead, has a number and date, and contains salutations and a compliment, but in contents it is only a reminder concerning some fact.

A memorandum (abbrev.: memo; from Latin memorandum est, "It must be remembered (that)...") is a note, document or other communication that helps the memory by recording events or observations on a topic such as may be used in a business office. The plural form of the Latin noun memorandum so derived is properly memoranda, but if the word is deemed to have become a word of the English language, the plural memorandums, abbreviated to memos, may be used.

A memorandum can have only a certain number of formats; it mayhaveaformatspecifictoanofficeorinstitution.Inlawspecifically, a memorandum is a record of the terms of a transaction or contract, such as a policy memo, memorandum of understanding, memorandum of agreement, or memorandum of association. Alternative formats include memos, briefing notes, reports, letters, binders, etc. They could be one page long or many. They may be considered as grey literature. If the user is a cabinet minister or a senior executive, the format might be rigidly defined and limited to one or two pages. If the user is a colleague, the format is usually much more flexible. At its most basic level, a memorandum can be a handwritten note to one’s supervisor. In business, a memo is typically used by firms for internal communication, as opposed to letters which are typically for external communication. Hence, we can consider memoranda as an upward

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