[sustran] "It would actually be quite nice if the American ambassador in Britain could . . .

[Eric Britton]

-----Original Message-----
From: Sunny [mailto:sksunny at gmail.com] 
Sent: Saturday, April 08, 2006 3:05 PM
To: eric.britton at ecoplan.org
Subject: Re: "It would actually be quite nice . . .

Dear Eric,

It would be very nice if you can even post the same message even in the 
Sustrans forum or if you can allow me to post it there I can do it on 
your behalf. I agree to your idea and the embassy needs to pay the fine. 
But one thing i don't understand is does the law separate the diplomatic 
community from the regular law, I am sorry if the question is too naive 
but i don't have much exposure to the law system.

Sunny


Eric Britton wrote on Fri 4/7/2006 5:22 PM:

		"It would actually be quite nice if the American ambassador
in Britain could pay the charge that everybody else is paying and not
actually try and skive out of it like some chiselling little crook," 
		"When British troops are putting their lives on the line for
American foreign policy, it would be quite nice if they paid the congestion
charge. 
		"We will find a way of getting them into court either here
or in America. We are not going to have them skive out of their
responsibilities." 
		Ken Livingston. Mayor of London. quoted in BBC.CO.UK
 
Okay. We, the government of the United Sates of America, my government, a
government of the people, the richest nation in the world, who are invading
countries without a real game plan and leaving utter chaos in our wake. We
who are refusing to cooperate with the Kyoto Treaty while having an
"environmental program" that is in utter shambles. Who refuse to recognize
the International Court of Justice. We who are abridging the human rights of
suspects without refer to the Geneva Convention or our own laws. We who are
passing taxes in our own land that soak the poor and bring relief to the
highest income groups in the land. We who are - and without blinking an eye
-- the world's largest market for drugs of all kinds and ready to make war
on supply while we just shrug at demand, and who are effectively doing
nothing before the challenges of surging oil prices other than topping up
profits of those who need them least. All of that is normal. I guess.
 
But when a representative of the United States government acts like a "a
chiseling little crook" (these are my words as an American citizen, voter,
volunteer soldier ready in defense of my country, and later peace worker in
Vietnam) as has been the case recently with US refusal to pay the Congestion
Charge in London, I really have to conclude that something is terribly
wrong. It's not that I think that the London scheme is all that it could and
should be, but for my government to give aggressive evidence of extreme
antisocial behavior in this one small hopeful thing, instead of just paying
up and shutting up, I have to take pen in hand and share these words of
total disagreement with you.
 
So thank you Ken Livingstone for your most justified remarks. And do not
give in!  Make the bums pay like everyone else. That is what democracy is
all about.
 
(Dear Friends. Please forgive this rant, since this is not quite what the
New Mobility Agenda is about. But I have never done this before and I hope
you understand why this, small as it may seem to be, was simply one straw
too much.)
 
Eric Britton
 
 
 
London mayor goes after US embassy for tolls
 Financial Times	
 
By Christopher Adams in London

Updated: 12:16 a.m. ET March 28, 2006
London's mayor on Monday accused the US ambassador to the UK of behaving
"like a chiselling little crook" in a spat over the embassy's refusal to pay
the city's road toll.
Ken Livingstone, the famously outspoken left-wing mayor and long-standing
critic of American foreign policy, delivered his latest outburst during a
television interview. His assault on Robert Tuttle was prompted by the
long-running dispute over the embassy's refusal to pay the congestion
charge, a toll that is levied on those driving through central London during
business hours.
American diplomats have refused to pay the £8 a day toll since last July,
racking up many tens of thousands of pounds in unpaid charges. The embassy
is believed to have about one hundred cars and fines for each day of
non-payment can be as much £150 a vehicle. The embassy argues the charge is
a tax and that diplomats are exempt. 
Mr Livingstone, something of a stranger to diplomatic niceties, said: "It
would actually be quite nice if the American ambassador in Britain could pay
the charge that everybody else is paying and not actually try and skive out
of it like a chiselling little crook."
Earlier, he had told reporters: "When British troops are putting their lives
on the line for American foreign policy, it would be quite nice if they paid
the congestion charge."
The mayor's remarks were only his latest brush with controversy. He is
already appealing a decision by a disciplinary panel to suspend him from
office for four weeks after he compared a Jewish journalist to a
concentration camp guard. Last week he said two property tycoons with whom
he has fallen out over the development of the 2012 London Olympics should
"go back to Iran", though they are Indian-bron of Iraqi-Jewish parents.
He was re-admitted to Tony Blair's Labour party two years ago after being
expelled for standing against its official candidate in the first London
mayoral elections. A spokesman for the embassy said: "The mayor has a
tendency to hyperbole. I'm not going to dignify that."
Copyright The Financial Times Ltd. All rights reserved.
 

US Embassy must pay C-charge
US Embassy owes £160,000 in unpaid charges
American diplomats are not legally entitled to refuse to pay London's
congestion charge, according to advice from lawyers.
US ambassador Robert Holmes Tuttle told his staff to stop paying last July
and claim diplomatic immunity, which gives them protection against paying
taxes. 
But legal advice to Transport for London says the US embassy is wrong to do
this and points to the fact that American diplomats haven't refused to pay
under similar schemes in Singapore and Oslo, in Norway.
Now, following the detailed legal advice, Transport for London will ask the
Americans to reconsider their position. 
US embassy staff currently owe more than £160,000 in unpaid congestion
charges in London. 
A US embassy spokesman said diplomats in Stockholm are exempt from paying
the congestion charge there. The spokesman added: 'The U.S. Department of
State remains convinced that the charge in London is an impermissable tax
and diplomatic missions are not liable for payment of such taxes to host
governments under the terms of the Vienna Convention.'
However, the UK government has already made it clear to the US that the
congestion charge is not a tax and that it decides what is and what is not a
tax in this country. 
British diplomats pay road tolls in the United States and Transport for
London's legal advice makes it clear that the US Embassy's diplomats must
pay as London's congestion charge is not a tax.
A Transport for London spokesman said: 'The congestion charging scheme gives
no privileges to any VIPs, including the Mayor, MPs, London Assembly Members
or councillors, therefore we believe diplomats should pay.
'British diplomats respect US laws, US diplomats should respect UK laws.'

Press Release 
UAE Embassy settles congestion charge fees
6-4-2006   201 
The Embassy of the United Arab Emirates (UAE) has agreed that its diplomats
in London should pay the Congestion Charge, and has reached a deal to clear
a backlog of charges.
After discussions with Transport for London, the UAE has paid £99,950.00 for
outstanding congestion charge fines accrued by the Embassy from February
2003 to March 2006.
In a letter to TfL, the Embassy said: "I can assure you that every effort
will be made in the future for all diplomats working for this Embassy to pay
any congestion charges as and when they occur."
The Mayor of London, Ken Livingstone, said: "All Londoners will welcome this
settlement with the Embassy of the United Arab Emirates and, in particular,
their commitment to comply with the congestion charging scheme in the
future.
"The congestion charge is designed to reduce congestion in the busiest areas
of the capital.
"Those embassies, such as that of the United States, which flout the laws of
this country and misuse diplomatic immunity to evade the charge are enjoying
the benefits of reduced congestion but contributing nothing."
"British diplomats respect US law when in the US. They pay American tolls on
bridges and roads. The US Embassy should accept the advice of the British
government and recognise that by trying to ignore this country's laws they
do nothing but damage their standing in the eyes of London's citizens.
"I hope they will now take a leaf from the United Arab Emirates and
understand that as the richest and most powerful country in the world they
can well afford to respect this country's laws."
Malcolm Murray-Clark, Director of Congestion Charging said: "The congestion
charging scheme gives no privileges to any VIPs, so we do not see why
diplomats should not pay. The UAE has now joined the majority of other
countries who accept this is a legitimate charge."
Notes to Editors
1.	Both the Government and TfL have received consistent legal advice
which says that diplomats are not exempt from paying the congestion charge.
We have the support of the Foreign and Commonwealth Office and eminent
members of HM Queen's Counsel. 
2.	In November last year, the Foreign Secretary, the Rt Hon Jack Straw
MP told the House of Commons in answering a written question that:
"We informed all missions by Note Verbale in March 2002 of our sustained
view that there were no legal grounds to exempt diplomatic missions from
payment of the congestion charge. Since then, in formal and informal
exchanges, we have informed missions of our view that the congestion charge
does not constitute a form of direct taxation under the Vienna Convention,
but is a charge analogous to a motorway toll, and that they are expected to
pay." 
3.	On 24th January 2006, Lord Triesman, the Parliamentary
Under-Secretary of State within the Foreign Office told the House of Lords:
"My Lords, we take every opportunity to remind diplomatic missions to meet
their obligations to comply with United Kingdom law and pay promptly any
fines that they incur. Following the annual Written Ministerial Statement on
parking and congestion charge penalties on 12 December, we will now formally
approach the heads of mission of the top 10 offenders in each category to
find out what steps they are taking to pay. We will then take further action
as appropriate". 
4.	All UK missions are expected to pay any road tolls and any parking
charges. 
5.	Support for this approach has come from both this country and the
US. 
6.	In an editorial on March 31st 2006, The New York Times said: "We
don't buy the idea that diplomats are immune to the surcharge".  The New
York Times editorial concludes: "Mr. Livingstone is certainly within his
rights to demand payment, which may now amount to hundreds of thousands of
dollars, including fines". 


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