State Cable: 770909 State-GT

[Editor’s note: This text was released at https://wikileaks.org/plusd/cables/1977STATE216553_c.html.]

UNCLASSIFIED P
AGE 01 STATE 216553
ORIGIN SCS-05
INFO OCT-01 ISO-00 CA-01 L-03 ARA-14 DHA-05 /029 R
DRAFTED BY CA/SCS/EAPOWERS:RBOYLAN:RAM
APPROVED BY CA/SCS/SADOBRENCHUK
CA/SCS/RLRIVERA
——————038613 092216Z /15

O 092135Z SEP 77
FM SECSTATE WASHDC
TO AMEMBASSY GEORGETOWN IMMEDIATE
UNCLAS STATE 216553

E.O. 11652: N/A
TAGS: CGEN, CASC (STOEN, JOHN VICTOR)
SUBJECT: W/W: JOHN VICTOR STOEN
REF: GEORGETOWN 2175

1. DEPT. APPROVES OF EMBASSY’S SUPPORT AND ASSISTANCE FOR HAAS AS REPORTED REFTEL.

2. HOWEVER, EMBASSY IS INSTRUCTED NOT TO PROVIDE OFFICER TO ACCOMPANY HAAS TO SERVE PAPERS FOR FOLLOWING REASONS: A) UNDER FEDERAL REGULATIONS (22 C.F.R. 92.85) OFFICERS OF FOREIGN SERVICE ARE PROHIBITED FROM SERVING PROCESS OR APPOINTING OTHERS TO DO SO. DEPT HAS NO RECORD OF HAVING MADE AN EXCEPTION TO THIS REGULATION, DESPITE CIRCUMSTANCES MORE COMPELLING THAN THESE. TO DO SO IN THIS INSTANCE WOULD SET UNDESIRABLE PRECEEDENT [PRECEDENT]. (B) EVEN IF REGULATIONS DID NOT PRECLUDE CONSULAR OFFICER FROM SERVING PAPERS, ACTION WOULD BE SUBJECT TO LOCAL AND INTERNATIONAL LAW. DEPT NOT FAMILIAR WITH PERTINENT GUYANESE LAW BUT INTERNATIONAL LAW AS REFLECTED IN CONSULAR CONVENTIONS

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PAGE 02 STATE 216553

PERMITS SERVICE OF PROCESS BY CONOFF ONLY WHEN DOCUMENTS ORIGINATE IN COUNTRY WHICH OFFICER REPRESENTS. (SEE, E.G. ART. 17 (1)(G) OF U.S. U.K. CONSULAR CONVENTION). IN THIS CASE DOCUMENTS ARE FROM GUYANESE COURT AND DEPT. UNAWARE OF ANY PROVISION OF INTL. LAW AUTHORIZING SERVICE IN SUCH CIRCUMSTANCES. (C) IN ANY EVENT CONSUL HAS NO JURISDICTION TO FORCE RECIPIENT TO ACCEPT SERVICE OF DOCUMENTS, SO HIS PRESENCE WOULD POINTLESS.

3. DEPT. HAS NO OBJECTION TO EMBASSY REQUEST TO APPROPRIATE MINISTRY FOR MAXIMUM EFFORT IN DELIVERING DOCUMENTS.

VANCE

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NNN

Originally posted on February 4th, 2020.

Last modified on December 30th, 2020.
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