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

communication process through which any complaint, issues, opinion, views and suggestion are put forward to the authorized level.

Policy briefing note. A specific type of memorandum is the policy briefing note (alternatively referred to in various jurisdictions and governing traditions as policy issues paper, policy memoranda, or cabinet submission amongst other terms), a document for transmitting policy analysis into the political decision making sphere. Typically, a briefing note may be denoted as either "for information" or "for decision".

Origins of term. The origins of the term "briefing" lie in legal "briefs" and the derivative "military briefings".

Purpose. The primary purpose of a briefing note "for decision" is to support decision making — to "help (or sometimes influence) a decision-maker to make a better decision in a particular problem situation than he might otherwise have made without the analysis". Other purposes that the briefing note can serve include: conveying information; informing decisions, making a request, providing a response to a question, making a suggestion, presenting an informal report, proposing a solution to a problem, or documenting a reference for future use.

Structure. As the communication mechanism of the policy analysis process, the briefing note should provide a coherent synopsis of a policy problem, identify different policy options for addressing the problem, articulate opposing perspectives and advocate a recommendedoption.Thetypicalstructureforabriefingnoteincludes: adescriptionoftheproposedpolicy;relevantbackgroundinformation; a discussion of key considerations (including implementation concerns, financial considerations, stakeholder impacts, and possible unanticipated consequences), a summary of arguments for and against the policy and a recommended decision. Policy documents that start with a proposal and assemble an argument that position are more accurately referred to as a government white paper. A government green paper which raises a policy option and is meant to open a dialogue on the proposal is more similar in tone to a briefing note than is a white paper.

Quality criteria. There is no universal standard for a briefing note, but it is generally understood to be a concise, coherent summary of a

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public policy problem with a clearly articulated logic for following a recommended course of action. "Next to a political nose, and a logical brain, the most important skill of the good treasury [person] resides in [their] fine drafting hand. The concise, coherent and penetrating note is the final expression of all other talents". In many Westminster / Whitehall governance settings, policy analysts are expected to analyze the issue and write the briefing note from a neutral public service perspective. However, the briefing note "for decision" must contain a recommendation, acknowledging that "to say anything of importance in public policy requires value judgments, which must be explained and justified".

Démarches and aides-mémoire. A démarche (non-paper) is considered less formal than the already informal bout de papier. Officially described as "a request or intercession with a foreign official» it is a written request that is presented without attribution from the composing state and is, therefore, delivered in-person.

Similar to a démarche, an aide-mémoire is a proposed agreement or negotiating text circulated informally among multiple states for discussion without committing the originating delegation’s country to the contents. It has no identified source, title, or attribution and no standing in the relationship involved.

Protocol. Standard diplomatic protocol varies from country to country, but generally requires clear yet concise translation between both parties.

Language. The earliest forms of diplomatic correspondence were,outofnecessity,writteninLatin,Latinbeingacommonlanguage among states of a linguistically diverse Europe. By the early 1800s French had firmly supplanted Latin as the language of diplomacy; on one occasion, in 1817, the British attempted to correspond with the Austrian Imperial Court in English, prompting Klemens von Metternich to threaten retaliatory correspondence in German. In modern times, French has largely been replaced by English as a diplomatic lingua franca in correspondence between two states that do not share a common tongue.

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Rejection. States may sometimes reject diplomatic correspondence addressed to them by returning the original copy to the sending state. This is done as a rebuff of the contents of the correspondenceandistypicallyreservedforcaseswherethereceiving statefeelsthelanguageusedbythesendingstateisrude,orthesubject matter represents an inappropriate intercession into the receiving state’s internal affairs.

Diplomatic protest. A diplomatic protest is a communication in itself, which is usually directed by one government to another. Strictly speaking,suchinternationalbodiesastheUnitedNationsOrganization or the Red Cross, which have a special status in international public law,areeligibletosendandreceiveprotests,whileprivateorganizations or individuals cannot protest in any recognized diplomatic way.

The communication must be transmitted through regular diplomatic channels. This usually implies a message going directly from one head of state to another or a message proceeding by way of the respective Foreign Offices. Therefore, a presidential message to Congress, a Congressional resolution, a decision of the Supreme Court, or a complaint by the Department of Commerce cannot be regarded as a diplomatic protest.

At the receiving end, protests addressed to governmental agencies other than the Foreign Office have no standing until they are referred to that Office. Regular diplomatic channels include not only the foreign minister but also his agents abroad: ambassadors, ministers, special emissaries, and in some cases consuls. Accredited diplomats may accept protests for reference to the home government and may initiateprotestswhichhavefullvalidityunlessrepudiatedbysuperiors. Consuls, military commanders in the field, and local political authorities are sometimes authorized channels­.

Diplomatic protests need not be severe in tone. They may be mild and friendly or sharp and hostile. The word "protest" need not appear in the communication: the idea may be conveyed through varying phraseology ("demand", "insist", "earnestly insist", etc. all convey the idea of strength), as it is the substance, not the language that really matters.

As to its substance, diplomatic protest is in the nature of a complaint.

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Appendix II. DIPLOMATIC TERMS

Agreement — See Treaty

Agrement — Official approval by a foreign government of an ambassador-designate.

Aide-memoire — A diplomatic note. An informal summary of a diplomatic interview or conversation that serves merely as an aid to memory. It does not begin with a formula of courtesy, but it must indicate clearly in the first two lines to which ambassador, minister, or mission it is being addressed. Usually left at the foreign office by the ambassador or minister concerned (or representative), or handed to the ambassador or minister concerned (or representative) at the foreign office.

Alternat—Theprincipleofthe"alternat"referstothearrangement ofthenamesofcountriesthatarepartytoatreaty.Eachcountryretains an original instrument in which its name appears first.

Ambassador —

(1)Ambassador-designate — A diplomatic agent who has been designated by the head of state as personal representative, and approved by the foreign head of state but who has not presented copies of our credentials to the foreign ministry.

(2)Appointed Ambassador — A diplomatic agent who has been designated by the head of state as personal representative, approved bytheforeignheadofstate,andwhohaspresentedcopiesofcredentials to the foreign ministry.

(3)AmbassadorExtraordinaryandPlenipotentiary—Adiplomatic agent: the personal representative of the head of one state accredited totheheadofanotherstate.Theambassadorextraordinarydesignation ordinarily given to a non-accredited personal representative of the head of state.

Asylum — There are two different types of asylum, one is generally known as diplomatic asylum, the other as territorial or political asylum. Diplomatic asylum usually refers to asylum in embassies and legations by persons in imminent danger of life or limb — a practice that the United States does not generally follow.

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Territorial or political asylum has to do with persons taking refuge, usually for reasons of persecution, in the territory of another country.

Chancery —Aterm used to designate the office of an embassy or legation.

Chargé d’Affaires (de missi) — A person accredited by letter to the secretary of state or minister for foreign affairs of one country by the secretary of state or minister for foreign affairs of another country, in place of a duly accredited ambassador or minister. The complete title is seldom used. It is customarily shortened to chargé d’affaires.

Chargéd’Affairesadinterim—Usuallythecounselororsecretary of the embassy or legation, who automatically assumes charge of a diplomatic mission in the temporary absence of an ambassador or minister. The words "ad interim" should not be omitted from this title, except in a salutation. A chargé d’affaires ad interim who has the personal rank of minister plenipotentiary is addressed the same as other chargé d’affaires ad interim.The ministerial rank is personal and has no connection with the diplomatic status of chargé d’affaires ad interim. Such a personal ministerial title may follow a name but it should come before an official diplomatic title.

Chargé des Affairs — Sometimes used to describe a person who has been placed in custody of the archives and other property of a mission in a country with which formal diplomatic relations are not maintained.

Circular diplomatic notes — Identical notes addressed to "Their Excellencies Messieurs and Mesdames the Chiefs of Mission" (see 5 FAH-1 H-600, Diplomatic Notes).

ColdWar—Conflictbetweennationsbymeansofpowerpolitics, economic pressures, spy activities, or hostile propaganda but without engagement by arms.

Compromis (sometimes called Compromis d’arbitrage) — A formal agreement between two or more countries setting forth the terms of an arbitration between them.

Convention — See Treaty.

Corps Diplomatique — See Diplomatic Corps. Declaration — See Treaty.

Delegation — A group of persons appointed to an international conference, commission, or organization.

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Demarche — A formal diplomatic representation of one government’s official position, views, or wishes on a given subject to an appropriate official in another government or international organization.

Détente — Relaxing, easing of tension.

Diplomacy — The art and practice of conducting negotiations between nations.

Diplomatic Agent — A person who carries on regular diplomatic relations in the country to which the agent has been appointed; an agent representing a sovereign or state for some special purpose.

Diplomatic Corps — The collective heads of foreign diplomatic missions and their staffs within the capital of a country.

Diplomatic Correspondence — Official correspondence between the agents authorized by a state to conduct its foreign relations either at home or abroad, with similarly authorized representative of foreign governments.

Eloignement — Estrangement; distance; remoteness; dislike. Envoy — A diplomatic agent. A special envoy is one designated

for a particular purpose, such as the conduct of special negotiations and attendance at coronations, inaugurations, and other state ceremonies of special importance. The designation is temporary.

Envoy Extraordinary —Adiplomatic agent.

EnvoyExtraordinaryandMinisterPlenipotentiary—Adiplomatic agent accredited to a government.

Exequaturs — Documents that are issued to consuls by the governments to which they are sent, permitting them to carry on their duties.

Extraterritoriality — Special jurisdiction exercised by a nation in other countries under treaty.

Final act — The designation of the formal statement or summary of the proceedings of a conference.

Full powers — A document, issued by a head of state, head of government, or minister of foreign affairs, empowering a diplomatic agent or representative to conduct special business with a foreign government, such as drawing up and signing a treaty.

GeneralAct — See Treaty.

Good offices — Mediatory services by a third party intended to promote agreement or arbitration between two parties.

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Great Seal — The Seal of the United States (always capitalized; affixed only under authorization of the President to commissions of appointment and certain documents signed by the President).

Identic — Constituting an action or expression in which two or more governments follow precisely the same course or employ an identical form distinguished from joint action or expression.

Immunity — Exemption of foreign diplomatic representatives from local jurisdiction.

International conference — A meeting of delegates from several countries.

Letter of credence —Aformal paper from the head of one state to the head of another accrediting an ambassador, minister, or other diplomatic agent as one authorized to act for a government or head of state.

Letter of recall — Formal paper from the head of one state to the head of another recalling ambassador, minister, or diplomatic agent.

Mandate — An order to control a territory under international agreement.

Memorandum (pl., memorandums) —Awritten statement on any subject, generally routine, from the Department of State or ministry of foreign affairs to an embassy or legation (not from the Secretary of State or minister for foreign affairs to an ambassador, minister, or chargé d’affaires ad interim).

Minister — A diplomatic representative ranking below an ambassador and usually accredited to states of less importance.

Mission—Ageneraltermforacommission,delegation,embassy, or legation.

Modus Vivendi (pl., modi vivendi) — A temporary arrangement between two sovereignties providing for the conduct of certain affairs pending negotiations for a treaty.

National — A comprehensive term indicating a citizen of a state or any other person who owes allegiance to and is entitled to the protection of a state.

Non-paper — A written summary of a demarche or other verbal presentationtoaforeigngovernment.Thenon-papershouldbedrafted in the third person, and must not be directly attributable to the U.S. Government.Itispreparedonplainpaper(noletterheadorwatermark). Theheadingortitle,ifany,issimplyastatementoftheissueorsubject.

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Open-door policy — Equality of commercial opportunity for all nations in a country to which the doctrine is applied.

Passport — In international law, an official document issued to an individual by the individual’s own government certifying to the individual’s citizenship and requesting foreign governments to grant safe and free passage, lawful aid, and protection while under their jurisdiction.

Persona non grata (pl., personae non gratae) — One who is not acceptable.

Power —Asynonym for sovereign state.

Precedence — The order of ceremonial or formal preference. Pro memoria (sing., pl.) — A formal note embodying the written

record of a diplomatic discussion. It is usually left at the foreign office by the ambassador or minister concerned (or representative), or is handed to the ambassador or minister concerned (or representative) at the foreign office.

Protocolofdeposit—Torecordformallythedepositofasufficient number of ratifications to bring a multilateral treaty into force.

Protégé —Anative of one country who is, under treaty, protected by another government in whose employ the native may be.

Protocol — A term applied to diplomatic formalities (official ceremonials, precedence, immunities, privileges, courtesies, etc.) (see also Treaty).

Protocol of exchange — Document stating that on a given day the instruments of ratification were exchanged in connection with a bilateral treaty.

Rapprochement — Establishment or state of cordial relations; also, the act of coming or being drawn together.

Ressortissants — The term included U.S. citizens, nationals, and protected persons, the latter being those subjects of the Sultan of Morocco who, under the treaties, were entitled to the protection of the United States.

Treaty, Convention, Agreement, General Act, Declaration, Protocol, Exchange of Notes, Memorandum of Understanding — Compacts between states or governments, varying in form according to their formality and the method of bringing them into force.

Ultimatum — A communication to one government in which anothergovernmentsetsforthafinalproposition,condition,ordemand

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the rejection of which will end negotiations and resort to force or other direct action.

Visa — In international law, an endorsement made on a passport by the proper officials of a foreign country, denoting that it has been examined and that the holder may enter the country; also a document issued permitting entry into a country for permanent residence.

Voeu (French) — An official expression by an international conference of a wish or a hope, often in the form of a resolution; a proposal or recommendation made by a country to an international body or conference1.

1 Diplomatic notes. Foreign Affairs Manual // US Department of State. — URL: https:// fam.state.gov/Search.aspx?query=lower&filter=CHAPTERTITLE%7CDIPLOMATIC%20 NOTES

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