B 1,378,245 110781TY 0. The University of Michion libinics 1817 AXT XS SCIENTIA VERITA AMERICAN FOREIGN POLICY 1950–1955 BASIC DOCUMENTS VOLUME II JX 1417 'A42 v. 2 1 c. 2 DEPARTMENT OF STATE PUBLICATION 6446 GENERAL FOREIGN POLICY SERIES 117 Released December 1957 For sale by the Superintendent of Documents U.S. Government Printing Office Washington 25, D.C. DUPOSICBY : JE UNITED STATES OF AMERICA PREFACE In 1950 the Division of Historical Policy Research of the Depart- ment of State and the staff of the Senate Committee on Foreign Rela- tions collaborated in the preparation of a collection of basic documents on American foreign policy covering the years 1941–1949. The col- lection was released under the title A Decade of American Foreign Policy: Basic Documents, 1941-49 as Senate Document No. 123, 81st Congress, 1st Session. The usefulness of this publication indicated the need for a supplement that would bring the collection closer to currency. The present compilation, like its predecessor, has been designed pri- marily for official use. The possibility that it might prove useful to others outside official circles has also played a part in determining the scope and editorial mechanics of the publication. In some instances the 6-year span (1950-1955) of the compilation has been violated for the sake of completeness and continuity, with the reprinting of a few documents that appeared in the earlier Decade, the printing of a few additional pre-1950 documents, and the including of some 1956 ma- terials. Certain international agreements to which the United States is not a party have been included where the effect of such agreements on American policy forīnulation is obvious. Despite its size, which reflects the growth of American responsibility in international relations, the present collection makes no pretense at being exhaustive. In many instances, it has proved necessary to print summaries of developments and of individual lengthy documents or to provide nothing more than the title of a document, indicating where its text may be found. While the general rule of chronological arrangement of the documents within each of the 20 Parts has been observed, it has been necessary in certain Parts to place some docu- ments under chronologically overlapping subject headings. This arrangement, coupled with a list of the documents, fairly extensive cross-references, and an index, will facilitate use of the volumes. This collection was prepared in the Historical Division, G. Bernard Noble, Chief, under the immediate direction of the Chief of the Ad- visory and Review Branch, E. Taylor Parks, with the assistance of Peter V. Curl, William Gerber, Robert W. Lambert, Herbert Spielman, Isaac A. Stone, Yancey M. Taylor, Doris E. Austin, and Margaret G. Martin. Assistance was also given in the early stages of the work by Dwight R. Ambach, Laverne Bryck, Helene L. DeLong, Eula MIcDonald, and Majel Renshaw. Editorial procedures were performed by the Division of Publishing Services under the immediate direction of the Chief of the General Editing Branch, Dorothy M. Hine, with the assistance of Margaret H. Seamon, Anne C. Torwick, John J. Lee, Joseph J. Moriarty, and other members of the staff. OCTOBER 1, 1957 IT CONTENTS PART I. PRINCIPLES AND OBJECTIVES OF AMERICAN FOREIGN POLICY Page 1. The State of the Union: Message by the President to the Congress, January 4, 1950 (Excerpts). 1-5 2. “Total Diplomacy" To Strengthen United States Leadership for Human Freedom: Summary of Remarks by the Secretary of State, February 16, 1950 . 5-10 3. Plowing a Straight Furrow: Extemporaneous Remarks by the Secre tary of State, November 17, 1950 (Excerpt) 10-12 4. The Shield of Faith: Address by the Secretary of State, November 9, 1950 (Excerpts). 13-16 5. The Strategy of Freedom: Address by the Secretary of State, Novem- ber 29, 1950 (Excerpts) . 16-18 6. The State of the Union: Message by the President to the Congress, January 8, 1951 (Excerpts). 18-24 7. War or Peace and the Survival of Human Freedom: Statement by the Secretary of State Before the Senate Armed Services and Foreign Relations Committees, June 1, 1951 (Excerpt). 25 8. Securing the Peace: Address by the President, October 15, 1951 (Ex- cerpts). 25-27 9. The State of the Union: Message by the President to the Congress, January 9, 1952 (Excerpts) 27-32 10. Progress Toward International Peace and Unity: Address by the Secretary of State, April 19, 1952 (Excerpts) 32-39 11. Continuity and Responsibility in the Conduct of Foreign Affairs: Statement Issued on Conclusion of Talks Between the President and the President-Elect, November 18, 1952 . 3940 12. The State of the Union: Message by the President to the Congress, January 7, 1953 (Excerpts) 40-57 13. Inaugural Address by the President, January 20, 1953 (Excerpt) .. 57-61 14. The State of the Union: Message by the President to the Congress, February 2, 1953 (Excerpts) 61-65 15. The Chance for Peace: Address by the President, April 16, 1953. 65-71 16. The Moral Initiative: Address by the Secretary of State, November 18, 1953 (Excerpts). 71--77 17. The State of the Union: Message by the President to the Congress, January 7, 1954 (Excerpts) 77-80 18. The Evolution of Foreign Policy: Address by the Secretary of State, January 12, 1954 (Excerpts) 80-85 19. Berlin Foreign Ministers Meeting (January 25-February 18, 1954): Report by the Secretary of State, February 24, 1954 (Excerpts). 85-90 + VI CONTENTS Pepe 0 20. Peace With Freedom and Security: Statement by the Secretary of State Before the Senate Foreign Relations Committee, March 19, 1954. 90-92 21. A Just and Durable Peace: Address by the Secretary of State Before the United Nations General Assembly, September 23, 1954. . . .92-100 22. The State of the Union: Message by the President to the Congress, January 6, 1955 (Excerpts) 100-104 23. Principles in Foreign Policy: Address by the Secretary of State, April 11, 1955. 104-111 24. Geneva Meeting of Four Heads of Government (July 18–23, 1955): Report by the President, July 25, 1955 . 111-114 25. Geneva Meeting of Foreign Ministers (October 27-November 16, 1955): Report by the Secretary of State, November 18, 1955 (Excerpts) 115-122 26. The Foundation for a Firm Peace: Address by the Secretary of State, December 8, 1955 . 122-129 27. The State of the Union: Message by the President to the Congress, January 5, 1956 (Excerpts) 129-133 PART II. THE UNITED NATIONS Basic DOCUMENT 1. Charter, June 26, 1945. 134-161 TWENTY-YEAR PROGRAM FOR ACHIEVING PEACE 2. Memorandum From the Secretary-General of the United Nations to the President of the United States, April 20, 1950. . 162-167 3. Statement by the Secretary of State to the Press, June 7, 1950 167 4. Resolution 494 (V) of the General Assembly, November 20, 1950 · 167–168 PEACE THROUGH DEEDS 5. Resolution 380 (V) of the General Assembly, November 17, 1950 . 168–164 UNITING FOR PEACE-COLLECTIVE MEASURES COMMITTEE 6. Address by the Secretary of State Before the General Assembly, Sep- tember 20, 1950 (Excerpts). 169–179 7. Statement by the United States Representative Before the Political and Security Committee of the General Assembly, October 13, 1950. 179-186 8. Resolution 377 (V) of the General Assembly, November 3, 1950. . 187–191 9. Letter From the Acting United States Representative at the_United Nations to the Secretary-General of the United Nations Regard- ing United States Armed Forces Under Resolution 377 (V), June 8, 1951. . 10. United States Working Paper Prepared for the Consideration of the Collective Measures Committee, August 4, 1954. . 11. Third Report of the Collective Measures Committee, August 27, 1954. 195–200 192-193 194-195 PROBLEM OF DEFINING AGGRESSION 12. Review of the Problem: Statement Made in Committee VI (Legal) of the General Assembly by the United States Representative, Octo- ber 15, 1934 200-201 CONTENTS VI VI HUMAN RIGHTS Page (Universal Declaration of Human Rights, August 10, 1948] 204 13. Draft Covenant on Civil and Political Rights, June 1952. 204-218 14. Draft Covenant on Economic, Social and Cultural Rights, June 1952. 219-227 15. Message From the President to the Commission on Human Rights at Geneva, April 7, 1953. 227–228 16. Statement by the United States Representative Before the Ninth Session of the Commission on Human Rights, Geneva, April 8, 1953. 228-231 17. Statement by the United States Representative Before the Ninth Session of the Commission on Human Rights, Geneva, May 19, 1953. 231-239 18. Texts of United States Draft Resolutions, May 7, 1953 239-244 19. Resolution 739 (VIII) of the General Assembly, November 28, 1953, 244–245 20. Resolution 833 (IX) of the General Assembly, December 4, 1954 . . 245–246 NON-SELF-GOVERNING TERRITORIES . 21. Education for Responsibilities of Self-Government: Resolution 437 (V) of the General Assembly, December 2, 1950 . 247 22. Cessation of Transmission of Information on Puerto Rico: Resolu- tion 748 (VIII) of the General Assembly, November 27, 1953 . 247-249 23. Right of Peoples and Nations to Self-Determination: Resolution 637 (VII) of the General Assembly, December 16, 1952 249-251 24. Attainment of Self-Government or Independence: Resolutions 558 (VI), 752 (VIII), 858 (IX), and 946 (X) of the General Assembly, 1952-1955 251 A) Resolution 558 (VI), January 18, 1952.. 251-252 B) Resolution 752 (VIII), December 9, 1953, 252-253 C) Resolution 858 (IX), December 14, 1954 253–254 D) Resolution 946 (X), December 15, 1955 254-255 25. Factors Indicative of the Attainment of Independence or of Other Separate Systems of Self-Government: Resolution 742 (VIII) (with Annex) of the General Assembly, November 27, 1953 255–261 EXPANDED PROGRAM OF TECHNICAL ASSISTANCE 26. Government Contributions, by Years, as of May 31, 1955 (Chart). 262-265 FORCED LABOR 27. Resolution 350 (XII) of the Economic and Social Council, March 19, 1951, 266-267 28. Resolution 740 (VIII) of the General Assembly, December 7, 1953 . 267–268 29. Resolution 842 (IX) of the General Assembly, December 17, 1954. 268 PRISONERS OF WAR 30. Report of the United Nations Ad Hoc Commission, September 12, 269-271 31. Resolution 741 (VIII) of the General Assembly, December 9, 1953 . 271–272 II) 1952. VIII CONTENTS RESTRICTIONS ON UNITED STATES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS Page 32. Public Law 495 (82d Congress, 2d Session), July 10, 1952 (Excerpts). 272-273 273 33. Public Law 471 (83d Congress, 2d Session), July 2, 1954 (Excerpts) UNITED NATIONS EMPLOYMENT POLICIES 34. Statement by the Department of State, October 28, 1952 . 274 35. Report of the Secretary-General on Personnel Policy, January 30, 1953 (Excerpts). 274-292 36. Resolution 708 (VII) of the General Assembly, April 1, 1953 292-293 37. Investigation of United States Citizens Employed by the United Nations: Executive Order No. 10459, June 2, 1953. 293–298 38. Resolution 782 (VIII) of the General Assembly, December 9, 1953. 298-300 DISPLAY OF THE UNITED NATIONS FLAG 39. Public Law 107 (83d Congress, 1st Session), July 9, 1953 301 WORLD CALENDAR REFORM 40. Letter From the United States Representative at the United Nations to the Secretary-General of the United Nations, March 21, 1955. 301-302 REGIME OF THE TERRITORIAL SEA 41. Report of the Sixth Session of the International Law Commission, June 3-July 28, 1954 (Exerpts). 302-321 42. Note Verbale From the Representative of the United States at the United Nations to the Secretary-General of the United Nations, 3, 1955 . 321-323 REVIEW OF THE CHARTER 323-330 330-333 43. Statement by the Secretary of State Before the Senate Foreign Rela- tions Subcommittee on the United Nations Charter, January 18, 1954. 44. Statement by the United States Representative Before the General Assembly, November 17, 1955 (Excerpts). 45. Resolution 992 (X) of the General Assembly, November 21, 1955. 333-334 ADMISSION OF NEW MEMBERS 46. Resolution 817 (IX) of the General Assembly, November 23, 1954 .334-335 47. Statement by the United States Representative Before the Ad Hoc Political Committee of the General Assembly, December 7, 1955. 48. Resolution 918 (X) of the General Assembly, December 8, 1955. 49. Resolution 995 (X) of the General Assembly, December 14, 1955 50. Statement Released by the Department of State to the Press, Decem- ber 15, 1955 : 335-336 337 337 : 338 1 QUESTION OF THE REPRESENTATION OF CHINA 51. Resolution 490 (V) of the General Assembly, September 19, 1950. 338-339 52. Resolution 396 (V) of the General Assembly, December 14, 1950 53. Senate Resolution 36 (82d Congress, 1st Session), January 23, 1951 339-340 340 CONTENTS IX Page 54. Statement by the Secretary of State, November 13, 1951. 340–341 55. Resolution 609A (VII) of the General Assembly, October 25, 1952. 341 56. Department of State Appropriation Act, August 5, 1953 (Excerpt) 341 57. Statement by the Secretary of State, September 15, 1953. 341-342 58. Address by the United States Permanent Representative at the United Nations, April 19, 1954 (Excerpt) . 342–343 59. Statement by the United States Representative Before the United Nations General Assembly, September 21, 1954 (Excerpt) 344 ANNIVERSARIES OF THE UNITED NATIONS 60. Address by the President Before the General Assembly, October 24, 1950. 345–350 61. Address by the Secretary of State Before the General Assembly, Sep- tember 17, 1953 350-359 62. House Concurrent Resolution 157 (84th Congress, 1st Session), June 17, 1955 359-360 63. Address by the President at the Tenth Anniversary Meeting, San Francisco, June 20, 1955 . 360–364 64. Address by the Secretary of State at the Tenth Anniversary Meeting, June 24, 1955. . 364-370 ENTERING THE SECOND DECADE 65. Address by the Secretary of State Before the General Assembly, September 22, 1955. 370-380 66. Address by the Assistant Secretary of State for International Organ- ization Affairs, January 13, 1956 380-390 PART III. POSTWAR SETTLEMENTS TREATIES OF PEACE WITH ITALY, RUMANIA, BULGARIA, AND HUNGARY, FEBRUARY 10, 1947, 1. Report by the Secretary of State to the President, February 27, 1947 391–395 2. Statement by Former Secretary of State James F. Byrnes, March 4, 1947. 395-404 3. Report of the Senate Committee on Foreign Relations, May 15, 1947 (Excerpts) 404-419 UNDERSTANDINGS REGARDING TRIESTE 4. Memorandum of Understanding Between the Governments of the United States, Italy, and the United Kingdom, May 9, 1952. 419-422 5. Statement Released to the Press by the Governments of the United States and the United Kingdom, October 8, 1953. 422-423 6. Memorandum of Understanding Between the Governments of the United States, Italy, the United Kingdom, and Yugoslavia, October 5, 1954 . . 423-425 SETTLEMENT WITE JAPAN 7. Treaty of Peace, September 8, 1951 425-440 8. Japanese Declaration of Intention To Accede to Certain International Instruments, September 8, 1951. 440-441 х CONTENTS : Pag 9. Japanese Declaration Regarding Allied Graves. Cemeteries, and Memorials in Japanese Territory, September 8, 1951. .. 441-442 10. Address by the President at San Francisco, September 4, 1951. .. 442-447 11. Statement by the Special Representative of the President at San Francisco, September 5, 1951 . 448-462 12. Report of the Senate Committee on Foreign Relations, February 14, 1952 (Excerpt). 463-483 RESTORATION OF SOVEREIGNTY TO THE FEDERAL REPUBLIC OF GERMANY 13. Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany (Paris Protocol), October 23, 1954 . 483-485 14. Convention on Relations Between the Three Powers and the Federal Republic of Germany, May 26, 1952, as Amended by Schedule I to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, October 23, 1954 . 486–498 15. Convention on the Rights and Obligations of Foreign Forces and Their Members in the Federal Republic of Germany, May 26, 1952, as Amended by Schedule II to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, October 23, 1954. 498-538 16. Finance Convention, May 26, 1952, as Amended by Schedule III to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, October 23, `1954 . . 539-556 17. Convention on the Settlement of Matters Arising out of the War and the Occupation, May 26, 1952, as Amended by Schedule IV to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, October 23, 1954. . 557-607 18. Agreement on the Tax Treatment of the Forces and Their Members, May 26, 1952, as Amended by Schedule V to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, October 23, 1954 607-610 19. Convention on the Presence of Foreign Forces in the Federal Republic of Germany, October 23, 1954 610-612 20. Tripartite Agreement on the Exercise of Retained Rights in the Federal Republic of Germany, October 23, 1954 (Agreement on the Saar Between the Federal Republic of Germany and France With Accompanying Letters, October 23, 1954] 21. Report by the Secretary of State to the President, November 12, 1954. 613-623 22. Message by the President to the Senate, November 15, 1954 . 23. Report of the Senate Committee on Foreign Relations, March 31, 1955.627-64 RE-ESTABLISHMENT OF AN INDEPENDENT AND DEMOCRATIC AUSTRIA 24. Austrian State Treaty, May 15, 1955 643-675 25. Report by the Secretary of State to the President, May 27, 1955. 676–680 26. Report of the Senate Committee on Foreign Relations, June 15, 1955. 682–691 619 613 623-62 : CONTENTS X 18 PART IV. ARMISTICE AGREEMENTS: NEAR EAST, KOREA, INDO-CHINA 11 17 NEAR EAST Page 62 1. Egyptian-Israeli General Armistice Agreement, February 24, 1949. 698-707 2. Lebanese-Israeli General Armistice Agreement, March 23, 1949, . 707-711 83 3. Jordanian-Israeli General Armistice Agreement, April 3, 1949 712-718 4. Israeli-Syrian General Armistice Agreement, July 20, 1949. 719-724 KOREA 85 5. Armistice Agreement Between the United Nations Commander in Korea and the Commanders of Communist Forces in Korea, July 27, 1953, Together With Annex and Supplementary Tem- porary Agreement 724-750 98 INDO-CHINA 6. Agreement on the Cessation of Hostilities in Viet-Nam, July 20, 1954. 750-767 7. Agreement on the Cessation of Hostilities in Cambodia, July 20, 1954. 767-775 38 8. Agreement on the Cessation of Hostilities in Laos, July 20, 1954, . 775–785 9. Final Declaration of the Geneva Conference on the Problem of Re- storing Peace in Indo-China, July 21, 1954 . 785-787 56 10. Statement by the Under Secretary of State at the Concluding Plenary Session of the Geneva Conference, July 21, 1954 . 787-788 PART V. BASIC SECURITY TREATIES OF THE UNITED STATES 507 THE INTER-AMERICAN TREATY OF RECIPROCAL ASSISTANCE (Rio PACT) 1. Text of Treaty, September 2, 1947 789-796 510 519 2. Report aby the Acting Secretary of State to the President, December 1796– 296-800 1947. 796-800 3. Report of the Senate Committee on Foreign Relations, December 5, 1947 (Excerpts). 800-812 519 613 62 67 68 THE NORTH ATLANTIC TREATY 62 4. Text of Treaty, April 4, 1949. .. 812–815 64 5. Statement by the Secretary of State Before the Senate Committee on Foreign Relations, April 27, 1949 815-825 6. Report of the Senate Committee on Foreign Relations, June 6, 1949 825–852 7. Protocol to the North Atlantic Treaty on the Accession of Greece and Turkey, October 17, 1951. 853-854 697 8. Report by the Secretary of State to the President, December 21, 1951 854-856 9. Statement by the Chairman of the Joint Chiefs of Staff Before the Senate Committee on Foreign Relations, January 15, 1952. . 856-858 10. Statement by the Secretary of State Before the Senate Committee on Foreign Relations, January 15, 1952 . 858–864 XI CONTENTS t 1 Pagt 11. Report of the Senate Committee on Foreign Relations, January 21, 1952. . 864-871 12. Protocol to the North Atlantic Treaty on the Accession of the Federal Republic of Germany, October 23, 1954 871-873 MUTUAL DEFENSE TREATY BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES 13. Text of Treaty, August 30, 1951 873-875 14. Statement Transmitted to the Secretary of State by the Special Repre- sentative of the President, January 7, 1952 (Excerpts). 875-876 15. Report of the Senate Committee on Foreign Relations, February 14, 1952 (Excerpt) 876--877 SECURITY TREATY BETWEEN THE UNITED STATES, AUSTRALIA, AND NEW ZEALAND (ANZUS) 16. Text of Treaty, September 1, 1951 878-880 17. Statement Transmitted to the Secretary of State by the Special Repre- sentative of the President, January 7, 1952 (Excerpts). 880-882 18. Report of the Senate Committee on Foreign Relations, February 14, 1952 (Excerpt) 882-885 SECURITY TREATY BETWEEN THE UNITED STATES AND JAPAN 19. Text of Treaty, September 8, 1951 885-886 20. Statement by the Secretary of State at the Signing Ceremony, Sep- tember 8, 1951 886-888 21. Statement Transmitted to the Secretary of State by the Special Repre- sentative of the President, January 7, 1952 (Excerpts) 888-893 22. Report of the Senate Committee on Foreign Relations, February 14, 1952 (Excerpt). 893-896 897-898 898-900 902-919 MUTUAL DEFENSE TREATY BETWEEN THE UNITED STATES AND THE REPUBLIC OF KOREA 23. Text of Treaty, October 1, 1953. . 24. Joint Statement by the Secretary of State and the President of the Republic of Korea, August 8, 1953 25. Report by the Secretary of State to the President, December 30, 1953.900-909 26. Report of the Senate Committee on Foreign Relations, January 21, 1954. SOUTHEAST Asia COLLECTIVE DEFENSE TREATY (MANILA PACT) 27. Text of Treaty, September 8, 1954 28. Protocol to the Treaty, September 8, 1954 29. Pacific Charter, September 8, 1954 30. Statement by the Secretary of State at Manila, September 6, 1954. 917–919 31. Address by the Secretary of State, September 15, 1954. 32. Report by the Secretary of State to the President, November 2, 1954 923–99 1 33. Report of the Senate Committee on Foreign Relations, January 25, 1 1955. 912-911 916 916-911 1 1 919-92 929-945 CONTENTS MUTUAL DEFENSE TREATY BETWEEN THE UNITED STATES AND THE REPUBLIC OF CHINA Page 34. Text of Treaty, December 2, 1954. 945-947 35. Exchange of Notes Between the Secretary of State and the Chinese Minister of Foreign Affairs, December 10, 1954 947-949 36. Joint United States-Chinese Statement, December 1, 1954 . 949 37. Report by the Secretary of State to the President, December 22, 1954.950–952 38. Statement by the Secretary of State Before the Senate Committee on Foreign Relations, February 7, 1955 . 952-957 39. Report of the Senate Committee on Foreign Relations, February 8, 957-965 1955. PART VI. EUROPEAN REGIONAL ARRANGEMENTS THE WESTERN EUROPEAN UNION 1. Treaty of Economic, Social, and Cultural Collaboration and Collective Self-Defense (Brussels Treaty), March 17, 1948 . 968-971 2. Declaration Inviting Italy and the Federal Republic of Germany To Accede to the Brussels Treaty, October 23, 1954 . 972 3. Protocol No. I (and Annex) Modifying and Completing the Brussels Treaty, October 23, 1954. 972-976 4. Protocol No. II on Forces of Western European Union, October 23, 1954. 977-979 5. Protocol No. III (and Annexes) on the Control of Armaments, October 23, 1954 . 979-984 6. Protocol No. IV on the Agency of Western European Union for the Control of Armaments, October 23, 1954. . 984-989 7. Statement by the President on United States Policy Respecting the Western European Union, March 10, 1955 . 989-991 THE ORGANIZATION OF EUROPEAN ECONOMIC COOPERATION 8. Convention and Supplementary Protocols, April 16, 1948 992-1000 . THE COUNCIL OF EUROPE 9. Statute, May 5, 1949, Incorporating Amendments Approved by the Committee of Ministers at Strasbourg in 1951 and 1953 1001-1012 THE EUROPEAN PAYMENTS UNION 10. Agreement, September 19, 1950. · 1012-1037 11. Protocol of Provisional Application of the Agreement, September 19, 1950.. 1037-1039 THE EUROPEAN COAL AND STEEL COMMUNITY 12. Treaty, April 18, 1951 . 1039–1078 13. Protocol Concerning Relations With the Council of Europe, April 18, 1951. 1078-1079 14. Convention Containing the Transitional Provisions, April 18, 1951 1079–1097 15. Agreement Between the United States and the European Coal and Steel Community, April 23, 1954 . 1097-1107 XIV CONTENTS THE EUROPEAN DEFENSE COMMUNITY Page 16. Treaty, May 27, 1952 1107-1150 17. Military Protocol, May 27, 1952 . 1151-1162 18. Financial Protocol, May 27, 1952 . 1163-1170 19. Protocol Concerning Relations Between the European Defense Com- munity and the North Atlantic Treaty Organization, May 27, 1952. 1171 20. [First] Special Protocol, May 27, 1952 . 1172 21. (Second) Special Protocol, May 27, 1952. 1172 22. Treaty Between the United Kingdom and the Member States of the European Defense Community, May 27, 1952 . 1172-1173 23. Additional Protocol Annexed to the Treaty Establishing the European Defense Community, Concerning Guaranties of Assistance From the Member States of the Community to the States Parties to the North Atlantic Treaty, May 27, 1952 . 1173-1174 24. Common Declaration by the Foreign Ministers, May 27, 1952 . 1174-1175 25. Protocol Concerning the Interim Committee, May 27, 1952 . 1175 26. Jurisdictional Protocol, May 27, 1952. 1175-1184 27. Convention Relative to the Status of European Defense Forces and the Tax and Commercial Regime of the European Defense Com- munity, May 27, 1952 . 1184-1196 28. Tripartite Declaration, May 27, 1952 1197-1198 29. Statement by the President on United States Policy Respecting the Relationship Between the European Defense Community and the North Atlantic Treaty Organization, April 15, 1954 . 1198-1200 30. Final Communiqué of the Brussels Conference of Foreign Ministers of the Proposed European Defense Community, August 22, 1954. 1200–1201 THE EUROPEAN (POLITICAL) COMMUNITY 31. Draft Treaty Embodying the Statute, March 10, 1953 . 1201-1230 32. Protocol on Links With the Council of Europe, March 10, 1953. 1231-1237 THE BALKAN PACT 33. Treaty of Friendship and Collaboration Between the Turkish Republic, the Kingdom of Greece, and the Federal People's Republic of Yugoslavia, February 28, 1953 1233-123 34. Treaty of Alliance, Political Cooperation, and Mutual Assistance Between the Turkish Republic, the Kingdom of Greece, and the Federal People's Republic of Yugoslavia (Balkan Pact), August 9, 1954. . 1235–123 TAE WARSAW SECURITY PACT 35. Treaty of Friendship, Cooperation and Mutual Assistance Between the People's Republic of Albania, the People's Republic of Bul- garia, the Hungarian People's Republic, the German Democratic Republic, the Polish People's Republic, the Rumanian People's Republic, the Union of Soviet Socialist Republics and the Czecho- slovak Republic, May 14, 1955 1232-126 S CONTENTS PART VII. MIDDLE EASTERN REGIONAL ARRANGEMENTS Page 1. Pact of the League of Arab States, March 22, 1945 1243-1249 2. Treaty of Joint Defense and Economic Cooperation Between the States of the Arab League, June 17, 1950 1249-1253 3. Agreement for Friendly Cooperation Between the Dominion of Pakistan and the Republic of Turkey, April 2, 1954 (and Amendment of August 19, 1954) 1253–1256 4. Pact_of Mutual Cooperation Between the Kingdom of Iraq, the Republic of Turkey, the United Kingdom, the Dominion of Pakistan, and the Kingdom of Iran (Baghdad Pact), February 24, 1955. . 1257-1259 PART VIII, WESTERN HEMISPHERE DEVELOPMENTS PEACEFUL SETTLEMENTS UNDER THE Rio PACT 1. The Costa Rica-Nicaragua Incident (1948-1949): Report by the Ad- viser to the United States Member of the Committee of Informa- tion, Including the Conclusions of the Committee and Actions Taken by the Council of the Organization of American States, June 5, 1949 (Excerpts) 1260-1267 2. The Situation Between Haiti and the Dominican Republic: Decision of the Council of the Organization of American States, February 25, 1949 1268 3. The Caribbean Situation: Decisions, With an Introductory State- ment, Adopted by the Council of the Organization of American States, April 8, 1950. 1268–1279 4. The Costa Rica-Nicaragua Incident (1955): Report of the Investigat- ing Committee, Presented to the Council of the Organization of American States on February 18, 1955 (Excerpts) 1279-1283 5. The Costa Rica-Nicaragua Incident (1955): Resolution of the Council of the Organization of American States, September 8, 1955 1284–1285 PEACEFUL SETTLEMENTS UNDER THE INTER-AMERICAN PEACE COMMITTEE 6. Second Report of the Inter-American Peace Committee, February 3, 1954 (Excerpts) 1285–1290 [a] Establishment and Organization of the Committee . 1285–1286 [b] Situation Between the Dominican Republic and Cuba (1948) 1286-1287 (c) Situation Between Haiti and the Dominican Republic (1949) · 1287 (d) Situation Between Cuba and Peru (1949). 1288 (e] Situation in the Caribbean (1949) 1288–1289 [f] Invitation of the Government of Cuba (1949) 1289 [g] Note to the Government of the Dominican Republic (1949) 1289 [h] Situation Between Cuba and the Dominican Republic (1951). 1289–1290 {i} Situation Between Colombia and Peru (1953–1954). 1290 7. Report of the Inter-American Peace Committee on the Controversy Between Guatemala, Honduras, and Nicaragua, July 8, 1954 (Excerpts) 1291-1292 XVI CONTENTS TaE FOUNDATIONS OF COMMON DEFENSE AGAINST INTERNATIONAL COMMUNISM AND AGGRESSION Pago 8. The Unity of the American Republics: Final Act of the Fourth Meeting of Consultation of Ministers of Foreign Affairs of American States, April 7, 1951 (Excerpts) 1292-1299 9. Strengthening Democratic Institutions: The Declaration of Caracas, Adopted by the Tenth Inter-American Conference, March 28, 1954. 1299-1300 10. Meeting the Threat to Peace and Security: Declaration of Solidarity for the Preservation of the Political Integrity of the American States Against International Communist Intervention, Adopted by the Tenth Inter-American Conference, March 28, 1954 . 1300–1302 11. Reaffirmation of Support of the Caracas Declaration of Solidarity: Senate Concurrent Resolution 91 (83d Congress, 2d Session), June 29, 1954. 1302 (Bilateral Military Assistance Agreements Between the United States of America and Other American Republics, 1952–1955) . . 1303 THE GUATEMALAN SITUATION: AN EXAMPLE OF INTERNATIONAL COM- MUNIST INTERVENTION IN THE AMERICAN REPUBLICS 12. The Guatemalan Communist Party: An Analysis by the Department of State, May 1954 (Summary) 1303—1307 13. Communist Shipment of Arms to Guatemala: Statement to the Press by the Department of State, May 17, 1954 . 1307-1308 14. Significant Facts in Judging Communist Influence in Guatemala: Transcript of a News Conference of the Secretary of State, May 25, 1954 (Excerpts). 1308–1309 15. The Status of Consultations With Regard to Guatemala: Transcript of a News Conference of the Secretary of State, June 8, 1954 (Excerpts) 1310–1311 16. Convocation of a Meeting of Ministers of Foreign Affairs: Resolution of the Council of the Organization of American States, June 28, 1954. 17. International Communism in Guatemala: Address by the Secretary of State, June 30, 1954 1311-1315 18. The Extension of Recognition to the New Government of Guatemala: Statement by the Secretary of State at a News Conference, July 8, 1954.. 1311 1316 INTER-AMERICAN ECONOMIC, SOCIAL, AND TECHNICAL COOPERATION 19. Principles for an Expanded Program of Technical Assistance: Resolu- tion of the Inter-American Economic and Social Council, April 10, 1950.. 1316-1325 20. Technical Cooperation Program of the Organization of American States: Status of Contributions as of May 2, 1955 (Chart) 21. United States-Latin American Relations: Report to the President by Special Ambassador Milton S. Eisenhower, November 18, 1953 (Excerpts) 1327-1333 22. Understanding and Cooperation: Address by the Secretary of State at the Second Plenary Session of the Tenth Inter-American Con- ference, Caracas, March 4, 1954 (Excerpt) 1333-1336 1326 CONTENTS XVII Page 23. Inter-American Economic Cooperation: Final Declaration of the Meeting of Ministers of Finance or Economy of the American Republics, December 2, 1954 . 1337-1338 24. United States Economic Relations With the Other American Re- publics: Summary and Appraisal by the United States Delegation to the Meeting of Ministers of Finance or Economy of the Ameri- can Republics, Quitandinha, Brazil, December 1954 . 1338-1340 (Inter-American Participation in the "Atoms for Peace" Program] 1340 25. The Pan American Highway: Letter From the President to the Vice President on the Need for Accelerating the Completion of the Inter-American Highway (With Chart Résumé, by Country), April 1, 1955 (Excerpt). 1341-1342 26. Jurisdiction Over Fishing Areas: Final Act of the Conference on United States-Ecuadoran Fishery Relations, Quito, March 25- April 14, 1953 (Excerpt). 1343-1346 27. Recent Developments Affecting the Regime of the High Seas: Address by the Legal Adviser of the Department of State, May 13, 1955. 1346-1356 28. Fishery Conservation Problems: Article on the Conference Between Chile, Ecuador, Peru, and the United States at Santiago, Chile, September 14-October 5, 1955 1356–1364 29. Revision of Prior Agreements Relating to the Security and Operation of the Panama Canal and the Canal Zone: Treaty of Mutual Understanding and Cooperation, With Memorandum of Under- standings Reached, Between the United States of America and the Republic of Panama, January 25, 1955 (Excerpts) ... 1364–1376 30. Entry of Mexican Agricultural Workers Into the United States: Migrant Labor Agreement of 1951, as Amended, Between the United States and Mexico, as Extended on December 23, 1955. 1376-1403 CANADIAN-UNITED STATES RELATIONS 31. Economic Cooperation: Joint Statement of Principles, October 26, 1950. 1403-1404 32. Establishment of a Joint Committee on Trade and Economic Affairs: White House Announcement, November 12, 1953 . 1404 33. Trade, Defense, and the Seaway and Power Project: Joint Commu- niqué, November 14, 1953 1405-1406 34. St. Lawrence Seaway and Power Project: Exchange of Notes Between the Acting Secretary of State and the Canadian Ambassador in Washington, June 30, 1952 . 1406–1409 35. Applications for Power Development on the St. Lawrence: Order of Approval of the International Joint Commission on Its Docket No. 68, October 29, 1952 (Excerpts)... 1409–1413 36. Special Cabinet Committee Recommendations on the St. Lawrence Seaway Project: White House Press Release, May 8, 1953, 1413–1414 37. The Economic Basis for the St. Lawrence Seaway: Conclusions of the Senate Foreign Relations Committee, June 16, 1953 (Excerpts). 1414-1417 38. St. Lawrence Seaway Corporation: Public Law 358 (83d Congress, 2d Session), May 13, 1954 . 1418-1424 39. St. Lawrence Seaway Project: Exchange of Notes Between the United States Chargé d'Affaires at Ottawa and the Canadian Secretary of State for External Affairs, August 17, 1954. 1424_1427 4159004-57-Vol. 22 XVIII CONTENTS Page 40. Cooperative Arrangements for Defense-The “Pinetree” Line: Joint Statement by the United States and Canadian Governments, April 8, 1954. 1427-1428 41. Further Cooperation for Defense The "Mid-Canada” and “DEW” Lines: Joint Statement by the United States and Canadian Governments, September 27, 1954. 1429-1430 STATUS OF THE ANTARCTIC REGION 42. Memorandum of the Department of State, March 30, 1956. 1430-1431 PART IX. WESTERN EUROPE 1457 1457 A. General BASIC UNITED STATES POLICY 1. Address by the Secretary of State, May 31, 1950. . 1432-1441 2. Address by the Secretary of State, February 12, 1953 1441-1445 3. Address by the Secretary of State, April 29, 1953 1445-1449 4. Address by the Secretary of State, December 22, 1953 . 1449–1457 (Radio Interview With the Secretary of State, April 4, 1954) . (Report by the Secretary of State to the President, May 17, 1955). TRIPARTITE CONSULTATIONS, 1950–1953 5. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France (London), May 13, 1950 . 1458–1459 Communiqué by the Foreign Ministers of the United States, the United Kingdom, France, and Canada (London), May 18, 1950. 1459–1460 7. Interim Communiqué on the Meeting of Foreign Ministers of the United States, the United Kingdom, and France (New York), September 14, 1950 . 1461 8. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France (New York), September 19, 1950 . 9. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France (London), February 19, 1952 . 10. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France (Washington), July 14, 1953 . 1463–1467 11. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France (London), October 18, 1953. i 1467-1468 12. Communiqué by the Heads of Government of the United States, the United Kingdom, and France (Bermuda), December 7, 1953 . 1468–1470 THE LONDON AND PARIS CONFERENCES, SEPTEMBER OCTOBER 1954 13. Statement by the Secretary of State to the Press, August 24, 1954 . 1470-1471 14. Statement by the Secretary of State to the Press, August 31, 1954 . 1471–1473 15. Statement by the Secretary of State to the Press, September 18, 1954. 1473–1474 16. Final Act of the London Nine-Power Conference, October 3, 1954 . 1474–1491 17. Statement by the Secretary of State on the Results of the London Conference, October 4, 1954 . 18. Communiqué Issued at Paris by the Foreign Ministers of the Nine Powers, October 21, 1954 · 1492-1493 1462 1463 1492 CONTENTS XIX Page 19. Resolution of the North Atlantic Council, October 22, 1954... 1493-1496 [The Paris Conference: Report by the Secretary of State to the President and the Cabinet, October 25, 1954). 1496 20. Statement by the Secretary of State Before the Senate Committee on Foreign Relations, Mrch 29, 1955 . 1497-1504 B. The North Atlantic Treaty Organization ASSIGNMENT OF AMERICAN TROOPS TO NATO 21. Statement by the President to the Press, September 9, 1950 . . 1504 22. Letter From the President to General of the Army Dwight D. Eisen- hower, December 19, 1950 1505 23. Remarks by the Secretary of State at a News Conference, December 22, 1950 1505-1510 24. Statement by the Secretary of State Before the Senate Committees on Foreign Relations and Armed Services, February 16, 1951 .. 1510–1519 25. Statement by the Consultant to the Secretary of State Before the Senate Committees on Armed Services and Foreign Relations, February 26, 1951 1520-1526 26. Senate Concurrent Resolution 18, April 4, 1951 (82d Congress, 1st 1526-1528 0 Session) INTERNATIONAL AGREEMENTS ON THE STATUS OF NATO 0 27. Agreement Between the Parties to the North Atlantic Treaty Regard- ing the Status of Their Forces, June 19, 1951 . 1529-1544 28. Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff, September 20, 1951. 1544-1552 29. Agreement Between the United States and the North Atlantic Treaty Organization Respecting Service of United States Nationals in the Organization, September 29, 1951 . 1552--1553 30. Protocol on the Status of International Military Headquarters Set up Pursuant to the North Atlantic Treaty, August 28, 1952 . . 1553–1559 31. Agreement Between the Government of the United States and the North Atlantic Council Concerning the Employment by Inter- national Military Headquarters of United States Nationals, February 25, 1953 . 1560-1561 32. Report of the Senate Committee on Foreign Relations on Agreements Relating to the Status of the North Atlantic Treaty Organization, Armed Forces, and Military Headquarters, April 28, 1953. . 1561-1581 33. Understanding of the Senate in Advising Ratification of the Status of Forces Agreement, July 15, 1953 . 1581-1582 34. Testimony by the Deputy Under Secretary of State Before the House Committee on Foreign Affairs on the Proposed Revision of Agree- ments Granting Foreign countries Criminal Jurisdiction Over American Armed Forces Stationed Within Their Boundaries, July 19, 1955 . . 1582-1593 THE WORK OF NATO 35. First Session of the North Atlantic Council (Washington): Com- muniqué, September 17, 1949. 1594-1600 36. Second Session of the North Atlantic Council (Washington): Com- muniqué, November 18, 1949. 1600-1604 XX CONTENTS Paga 37. Third Session of the North Atlantic Council (Washington): Com- muniqué, January 6, 1950 . 1604 38. Fourth Session of the North Atlantic Council (London): Communiqué, May 19, 1950. 1604-1606 39. First Part of the Fifth Session of the North Atlantic Council (New York): Communiqué, September 18, 1950 . 1606-1607 40. Fifth Session of the North Atlantic Council (New York): Communiqué, September 26, 1950 . . 1607-1608 41. Sixth Session of the North Atlantic Council (Brussels): Communiqué, December 19, 1950. 1608-1609 42. Administrative Reorganization of NATO: Communiqué by the North Atlantic Council Deputies (London), May 5, 1951 . 1609-1612 43. Statement by the North Atlantic Council (Ottawa), September 21, 1951. 1613-1614 44. Seventh Session of the North Atlantic Council (Ottawa): Communiqué, September 21, 1951 . ... 1614–1616 45. Eighth Session of the North Atlantic Council (Rome): Communiqué, November 28, 1951 1616-1618 46. Adoption of the Report of the Temporary Council Committee by the North Atlantic Council: NAC Press Release, February 24, 1952. 1618-1620 47. Ninth Session of the North Atlantic Council (Lisbon): Communiqué, February 26, 1952 . 1620-1624 48. Remarks by the Secretary of State Before the North Atlantic Council (Paris), December 18, 1952 . 1624-1629 49. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, December 18, 1952 . 1629-1631 50. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, April 25, 1953 . .. 1631-1633 51. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, December 16, 1953 . . . 1633-1636 52. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, Apı il 23, 1954 . 1636-1637 53. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, October 22, 1954 . 1637-1639 54. The First Five Years of NATO: Report by the Secretary-General of NATO, November 1, 1954 (Excerpt) 1639-1652 55. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, December 18, 1954 . . 1653–1655 56. Statement by the Secretary of State at a News Conference, December 21, 1954 . .. 1655-1657 57. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, May 11, 1955 . .. 1657-1658 58. Ministerial Session of the North Atlantic Council (Paris): Com- muniqué, December 16, 1955 .. 1658–1660 < C. Relations With Certain Countries BELGIUM 59. Communiqué Regarding Conversations Between the Secretary of State and the Belgian Foreign Minister, March 17, 1953 . . 1660-1661 CONTENTS XXI DENMARK Page. 60. Defense of Greenland: Agreement Between the United States and the Kingdom of Denmark, April 27, 1951 1661-1667 1Suspension of Defense Support Aid: Summary of Statement by the Director for Mutual Security, June 11, 1953] . 1667 FRANCE 61. Military Aid to France and Indochina: Statement by the Depart- ment of State Regarding Franco-American Conversations, Octo- ber 17, 1950 1668–1669 62. Franco-American Views: Communiqué by the President of the United States and the Premier of France, January 30, 1951 (Ex- cerpts). 1669-1671 63. State Visit of the President of the French_Republic: Communiqué Regarding Conversations Between the President of the United States and the President of the French Republic, March 29, 1951 . 1672 64. Review of French and American Policies: Communiqué Regarding Franco-American Discussions, March 28, 1953 1672–1675 65. Assurances to France: Letter From the President of the United States to the President of the French Republic, June 18, 1954 1675-1676 66. Review of French Interests and Policies: Franco-American Com- muniqué, November 20, 1954 . 1676–1677 ICELAND 67. Defense of Iceland: Agreement Between the United States and the Republic of Iceland, May 5, 1951 . 1677-1679 68. Implementation of the United States-Icelandic Defense Agreement: Statement by the Department of State to the Press, May 26, 1954 . 1679 ITALY 69. Interpretation of the Italian Peace Treaty: Declaration by the Gov- ernments of the United States, the United Kingdom, and France, September 26, 1951 1680 70. Political Support and Economic Aid to Italy: Communiqué by the Secretary of State and the Italian Premier, September 26, 1951. 1681-1683 71. Release of Italy from Certain Peace Treaty Obligations: Note From the Secretary of State to the Italian Ambassador, December 21, 1951. . 1683 72. Italian-United States Policy Review: Communiqué Regarding Italo- American Conversations, March 30, 1955 . 1683-1685 PORTUGAL 73. Military Facilities in the Azores: Agreement Between Portugal and the United States, September 6, 1951 1685 1689 74. Portuguese-American Conversations: Communiqué by the Secretary of State and the Portuguese Minister of Foreign Affairs, Decem- ber 2, 1955 . 1689 SPAIN 75. Relations With Spain: Letter From the Secretary of State to the Chairman of the Senate Committee on Foreign Relations, January 18, 1950. 1690-1695 XXII CONTENTS Pagi 76. Military Facilities in Spain: Statement by the Secretary of State, July 18, 1951. . 1695-1696 77. Military Facilities in Spain: Statement by the Secretary of State, March 12, 1952 . 1696 78. Military Facilities in Spain: Agreement Between the United States and Spain, September 26, 1953 . 1696–1698 (Report on United States Relations With Spain: Address by the American Ambassador to Spain, December 10, 1955) . 1698 UNITED KINGDOM . 79. Joint Political Aims of the United States and the United Kingdom: Communiqué by the President of the United States and the Prime Minister of the United Kingdom, January 9, 1952 . 1699-1701 80. Allocation of British and American Strategic Materials: Communiqué by the President of the United States and the Prime Minister of the United Kingdom, January 18, 1952 1701-1702 81. Anglo-American Economic Policies: Communiqué Regarding Discus- sions, March 7, 1953 (Excerpt) 1702-1704 82. Exchange of Views on Political Matters: Statement by the Secretary of State and the British Foreign Secretary, April 13, 1954 . 1704–1705 83. General Policy Review: Statement by the President of the United States and the Prime Minister of the United Kingdom, June 28, 1954. 1705-1706 84. Common Principles of Anglo-American Policy: Declaration by the President of the United States and the Prine Minister of the United Kingdom (Potomac Charter), June 29, 1954 . + 1707 PART X. GERMANY, AUSTRIA, AND EUROPEAN SECURITY + A. Relations with the German Federal Republic, 1950–1955 1. Allied Policy Toward Germany: Declaration Issued at London by the Foreign Ministers of the United States, the United Kingdom, and France, May 14, 1950 1709-1711 2. Allied Policy Toward Germany: Communiqué Issued at Washington and New York by the Foreign Ministers of the United States, the United Kingdom, and France, September 19, 1950. 1711-1713 3. Revision of the Charter of the Allied High Commission for Germany: Agreement Between the United States, the United Kingdom, and France, March 6, 1951 . 1714-1717 4. Revision of the Occupation Statute: Proclamation by the Allied High Commission, March 6, 1951 1717-1718 5. Revision of Occupation Controls: Decision No. 10 of the Allied High Commission, March 6, 1951 1718-1719 6. Competence of the Federal Government in Foreign Affairs: Decision No. 11 of the Allied High Commission, March 6, 1951 1719-1720 7. Inclusion of Germany in the European Community: Declaration Issued at Washington by the Foreign Ministers of the United States, the United Kingdom, and France, September 14, 1951. 1720–1721 8. Allied Policy Toward Germany: Communiqué by the Foreign Minis- ters of the United States, the United Kingdom, and France, September 14, 1951 1721-1723 CONTENTS XXIII 0 Page 9. Termination of the State of War Between the United States and Ger- many: Proclamation by the President, October 24, 1951 ... 1723-1724 10. Relations Between the German Federal Republic and the Allies: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France and the Chancellor and Foreign Minister of the German Federal Republic, November 22, 1951. 1724-1726 11. Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France and the Chancellor of the German Federal Republic, February 19, 1952 1726–1727 12. The Bonn Agreements: Statement by the Secretary of State, May 26, 1952. . 1727-1728 13. German-American Relations: Communiqué by the President of the United States and the Chancellor of the German Federal Republic, April 9, 1953 1729–1732 14. Restoration of German Sovereignty: Senate Resolution No. 295 (83d Congress, 2d Session), July 30, 1954 1732 15. German-American Relations: Statement to the Press by the President of the United States and the Chancellor of the German Federal Republic, October 28, 1954 1732-1734 16. Termination of the Occupation Regime: Proclamation by the Allied High Commission, May 5, 1955 1734 17. United States Authority and Functions in Germany: Executive Order 10608, May 5, 1955 1735 1736 18. German-American Relations: Statement to the Press by the President of the United States and the Chancellor of the German Federal Republic, June 14, 1955 1736-1737 B. Berlin and East Germany, 1950-1955 19. Allied Rights in Berlin: Statement to the Press by the Foreign Minis- ters of the United States, the United Kingdom, and France, May 13, 1950 1737 20. Remilitarization of East Germany: Note From the American Am- bassador at Moscow to the Soviet Foreign Minister, May 23, 1737-1739 21. Allied Policy in Berlin: Declaration by the Allied Kommandatura, May 26, 1952. 1740-1742 22. Disorders in the Soviet Zone: Letter From the United States High Commissioner to the Commander-in-Chief of the Soviet Forces in Berlin, November 3, 1952 . 1742-1744 23. Berlin Uprising: Message From the Allied Commandants in Berlin to the Representative of the Soviet Control Commission, June 18, 1953. 1744 24. Berlin Uprising: Letter From the Allied Commandants in Berlin to the Soviet Military Commander in Berlin, June 24, 1953 1745 25. Berlin Uprising: Statement by the Secretary of State at a Press Con- ference, June 30, 1953 1745-1746 26. Uprising in East Germany: Letter From the President of the United States to the Chancellor of the German Federal Republic, July 23, 1953 1746–1749 27. East Germany--Friendship and Sympathy of the American People: Senate Concurrent Resolution No. 36 (83d Congress, 1st Session), August 3, 1953. 1749 1750 1950. XXIV CONTENTS 1758 Pen 28. Removal of Interzonal Barriers: Note From the United States High Commissioner to the Soviet High Commissioner, August 26, 1953. . 1750-1751 29. Removal of Interzonal Barriers: Letter From the United States High Commissioner to the Soviet High Commissioner, September 17, 1953. . 1751-1752 30. Removal of Interzonal Barriers: Letter From the United States High Commissioner to the Soviet High Commissioner, February 22, 1954.. 1752-1754 5 31. Removal of Interzonal Barriers: Letter From the United States Com- mandant in Berlin to the Berlin Representative of the Soviet High Commissioner, February 22, 1954 . 1754-17555 32. Removal of Interzonal Barriers: Note From the United States High Commissioner to the Soviet High Commissioner, March 17, 1954. 1755-1756 33. Status of East Germany: Joint Declaration by the United States, British, and French High Commissioners, April 8, 1954 1756–1757 34. Removal of Interzonal Barriers: Letter From the United States High Commissioner to the Soviet High Commissioner, May 24, 1954. 1757-1758 1 35. Allied Policy Toward Berlin: Declaration by the Foreign Ministers of the United States, the United Kingdom, and France, October 5 23, 1954 . 36. Road Tolls in the Soviet Zone: Letter From the United States High 5 Commissioner to the Soviet High Commissioner, March 31, 1955., 1758-1759 5 37. Road Tolls in the Soviet Zone: Letter From the United States High Commissioner to the Soviet High Commissioner, April 15, 1955 1759-1760 38. Road Tolls in the Soviet Zone: Letter From the United States High Commissioner to the Soviet High Commissioner, May 2, 1955 . 1760–1761 -17 을 ​39. Road Tolls in the Soviet Zone: Communiqué by the American, British, and French Ambassadors to Germany, May 20, 1955 .. 1761 40. The Soviet Union and East Germany: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France, September 28, 1955 1761-1769 € 41. The Soviet Union and East Germany: Note From the American Em- bassy at Moscow to the Soviet Foreign Ministry, October 3, € 1955. 42. Detention of American Citizens in East Berlin: Letter From the E United States Commander to the Soviet Commander, November 28, 1955 .. 1763–1764 € 43. Detention of American Citizens in East Berlin: Note From the American Ambassador to the German Federal Republic to the f Soviet Representative in the Soviet Zone, December 1, 1955. 1764-1765 44. Status of Berlin: Remarks to the Press by the Secretary of State, December 6, 1955 . € 1769 € 1763 f f C. Relations With Austria, 1950–1955 45. Communist Disturbances: Statement to the Press by the Acting Secretary of State, October 6, 1950 46. Communist Disturbances: Message From the Acting Secretary of State to the Austrian Chancellor, October 7, 1950. 1786 € 1766–1767 CONTENTS XXV Pago 47. Communist Disturbances: Note From the American Ambassador at Moscow to the Acting Soviet Foreign Minister, November 10, 1950. 1767-1769 48. Travel Requirements: Statement to the Press by the Department of State, November 20, 1950 1769 49. Soviet Interference in Austrian Affairs: Note From the American Ambassador at Moscow to the Acting Soviet Foreign Minister, November 22, 1950 . 1769–1771 50. Reply to Soviet Charges Regarding American Policy: Statement be- fore the Allied Council by the United States High Commissioner, October 12, 1951 . 1771-1775 51. Soviet Charges Against Austria: Instruction From the Secretary of State to the United States Representative on the Allied Council, May 20, 1954. 1775-1776 52. Austro-American Relations: Joint Communiqué, November 26, 1954. 1776-1777 53. Austrian Neutrality: Note From the Secretary of State to the Austrian Ambassador, December 6, 1955 . 1777-1778 D. Negotiations With Other Nations Regarding Germany, 1950–1952 54. Statement by the United States High Commissioner, February 28, 1950. 1778-1779 55. Declaration by the Foreign Ministers of the United States, the United Kingdom, and France, May 14, 1950 . 1779-1780 56. Letter From the United States Commandant in Berlin to the Chairman of the Soviet Control Commission, May 25, 1950 1780–1781 57. Statement to the Press by the Secretary of State, October 25, 1950 1782–1784 58. Note From the American Embassy at Moscow to the Soviet Minister of Foreign Affairs, December 22, 1950 1784-1786 59. Note From the American Chargé d'Affaires at Moscow to the Soviet Foreign Minister, January 23, 1951 1786-1788 60. Note From the American Ambassador at Moscow to the Soviet Foreign Minister, February 19, 1951 1788-1789 61. Note From the Secretary of State to the Soviet Foreign Minister, May 31, 1951 . 1789-1791 62. Note From the Secretary of State to the Soviet Foreign Minister, June 15, 1951. .. 1792-1793 63. Declaration by the Deputies of the Foreign Ministers of the United States, the United Kingdom, and France, June 21, 1951 . 1793 64. Note From the Allied High Commission to the Chancellor of the German Federal Republic, October 15, 1951 . 1794-1795 65. General Assembly Resolution 510 (VI), December 20, 1951 . • 1795–1797 66. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, March 25, 1952 1797-1798 67. First Report of the United Nations Commission To Investigate Con- ditions for Free Elections in Germany, April 30, 1952 (Excerpt) 1798-1809 68. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, May 13, 1952 . 1809-1813 69. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, July 10, 1952 1813-1814 XXVI CONTENTS Page 70. Second Report of the United Nations Commission To Investigate Con- ditions for Free Elections in Germany, August 5, 1952 . 1814-1819 71. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 23, 1952. . 1819–1821 E. Austrian State Treaty Negotiations, 1950–1958 72. Declaration by the Foreign Ministers of the United States, the United Kingdom, and France, May 19, 1950 182 73. Note From the American Ambassador at Moscow to the Soviet Minister of Foreign Affairs, June 12, 1950 1822-182 74. Statement to the Press by the Secretary of State, July 12, 1950. 1823-1824 75. Statement Released to the Press by the Department of State, December 15, 1950. 182 76. Statement to the Press by the United States High Commissioner, October 31, 1951. 1825-182 77. Note From the Secretary-General of the Austrian Treaty Deputies to the Soviet Embassy at London, January 24, 1952. 182 78. Statement by the Governments of the United States, the United King- dom, and France, February 28, 1952. 1821 79. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, March 13, 1952 1828-182 80. The Abbreviated Draft Treaty With Austria, March 13, 1952 1829-1831 81. Note From the American Embassy at Moscow to the Soviet Ministry of Foreign Affairs, May 9, 1952 . 82. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 5, 1952. 1832-1836 83. General Assembly Resolution 613 (VII), December 20, 1952 1834-183 84. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, January 12, 1953. 85. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, January 29, 1953. 1835-1836 86. Statement to the Press by the Department of State, February 10, 1953. 1831 (VII 183 1831 183 1837-182 87. Joint Note From the American, British, and French Deputies for the Austrian Treaty to the Soviet Deputy, May 26, 1953 88. Note From the American Ambassador at Moscow to the Soviet Foreign Minister, June 11, 1953 F. Negotiations Regarding Germany, Austria, and European Security, 1953-54 89. Note From the United States Government to the Soviet Government, July 15, 1953., 90. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, August 17, 1953 91. Note From the United States Government to the Soviet Government, September 2, 1953. . 92. Statement to the Press by the Secretary of State, September 3, 1953 1843–184 93. Note From the American Ambassador at Moscow to the Soviet Foreign Minister, October 18, 1953 . 1839-184 1840-184 .....-.., 1841-184 . 1844-184 CONTENTS XXVII Page 94. Note From the American Chargé d'Affaires at Moscow to the Soviet Foreign Ministry, November 16, 1953 . 1846-1847 95. Note From the American Embassy at Moscow to the Soviet Foreign Minister, November 25, 1953. 1847-1848 96. Note (From the United States Government to the Austrian Govern- ment, January 12, 1954 . 1848-1849 G. Discussion of the Problems of Germany, Austria, and European Security at the Berlin Meeting of Foreign Ministers, January 25-February 18, 1964 97. Note From the American Ambassador at Moscow to the Soviet Minister of Foreign Affairs, December 8, 1953 . 1849-1850 98. Statement by the Secretary of State, January 30, 1954 (Excerpt). 1850–1852 99. Statement by the Secretary of State, February 5, 1954 . 1852-1855 100. Statement by the Secretary of State, February 10, 1954 (Excerpts) 1855–1858 101. Statement by the Secretary of State, February 13, 1954. ... 1858–1861 102. Statement by the Secretary of State, February 15, 1954 (Excerpt) 1861-1864 103. Statement by the Secretary of State, February 16, 1954. 1864-1867 104. Statement by the Secretary of State, February 17, 1954. 1867-1870 105. Conclusion of the Berlin Conference: Communiqué by the Foreign Ministers of the United States, the United Kingdom, France, and the Soviet Union, February 18, 1954 (Excerpt). 1870 106. Conclusion of the Berlin Conference: Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France, February 19, 1954 1870-1871 H. Negotiations Regarding Germany, Austria, and European Security, 1954-1965 107. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, May 7, 1954. 1872-1874 108. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 10, 1954. . 1875–1877 109. Summary of Austrian Treaty Negotiations, December 20, 1952- November 19, 1954: Report by the United States, the United Kingdom, and France to the Secretary-General of the United Nations, November 19, 1954 . 1877-1881 110. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, November 29, 1954 1881-1883 111. Declaration by the Governments of the United States, the United Kingdom, and France, April 5, 1955 1884 112. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, April 22, 1955. 1885 113. Statement at a Press Conference by the Secretary of State, May 24, 1955. 1885-1886 1. Discussion of the Problems of Germany and European Security at the Geneva Conference of Heads of Government, July 18-23, 1955 114, Note From the United States, British, and French Governments to the Soviet Government, May 10, 1955 1886–1887 115. Statement by the Secretary of State, July 19, 1955 (Excerpts) 1887-1888 116 Statement by the President, July 19, 1955 (Excerpt). 1888-1889 XXVIII CONTENTS Pago 117. Statement by the Secretary of State, July 20, 1955 . 1890–1891 118. Statement by the Secretary of State, July 20, 1955 . 1891-1892 119. Statement by the President, July 20, 1955. 1893 120. Statement by the President, July 20, 1955. 1894 121. Statement by the Secretary of State, July 21, 1955 (Excerpt) 1895 122. Statement by the Secretary of State, July 21, 1955 1895-1896 123. Directive of the Heads of Government of the Four Powers to the Foreign Ministers, July 23, 1955 (Excerpt) 1896-1897 J. Discussion of the Problems of Germany and European Security at the Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 124. Proposal by the American, British, and French Delegations, October 27, 1955. 1897-1903 125. Statement by the Secretary of State, October 28, 1955. 1903-1907 126. Statement by the Secretary of State, October 29, 1955. 1907-1908 1.27. Statement by the Secretary of State, October 29, 1955. 1909 128. Statement by the Secretary of State, November 2, 1955. 1909-1912 129. Statement by the Secretary of State, November 3, 1955 . 1912-1918 130. Statement by the Secretary of State, November 4, 1955 . 1918-1921 131. Proposal by the American, British, and French Delegations, November 4, 1955 1921-1922 132. Statement by the Secretary of State, November 9, 1955 . 1922-1926 133. Declaration by the Foreign Ministers of the United States, the United Kingdom, and France, November 16, 1955. 1926–1927 0 1 : . PART XI. THE SOVIET UNION A. General 1. Tensions Between the United States and the Soviet Union: Address by the Secretary of State, March 16, 1950. 1928-1936 2. Soviet Violations of Treaties and Agreements: Department of State Memorandum, June 1950. 1937-1944 3. Defending the Peace From Soviet Thrusts: Address by the Secretary of State, April 30, 1951 ., 1944-1952 4. American Friendship for the Soviet People: Message From the Presi- dent of the United States to the President of the Presidium of the Supreme Soviet Transmitting a Congressional Resolution, July 7, 1951. 1952-1954 5. Reply to Soviet Charges Regarding the Mutual Security Act of 1951: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, December 19, 1951 1954-1955 6. Travel Restrictions on Soviet Officials in the United States: Note From the Secretary of State to the Soviet Ambassador at Wash- ington, March 10, 1952. 1955-1956 7. Recall of the American Ambassador: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, October 8, 1952. 720 1956-1957 CONTENTS XXIX Pago. 8. Subjugation of Free Peoples by the Soviet Union: Letter From the President to the President of the Senate and the Speaker of the House of Representatives Transmitting a Draft Resolution, February 20, 1953. . 1957-1959 9. Draft Resolution on the Subjugation of Free Peoples by the Soviet Union: Statement by the Secretary of State Before the House Foreign Affairs Committee, February 26, 1953 1959-1961 10. Condemnation of Soviet Persecution of Religious and Ethnic Minori- ties: Senate Resolution 84 (83d Congress, 1st Session), February 27, 1953. . 1961-1962 11. Preconditions for Accommodation With the Soviet Union: Remarks by the Secretary of State at a News Conference, April 3, 1953, 1962–1963 12. Travel Restrictions on Soviet Citizens in the United States: Note From the Secretary of State to the Soviet Ambassador at Washington, January 3, 1955. 1963-1968 13. Restrictions on Photography and Sketching by Soviet Citizens in the nited States: Note From the Secretary of State to the Soviet Ambassador at Washington, January 19, 1955 1968-1969 14. Prospects for Change in Soviet Policy: Statement by the Secretary of State Before the House Committee on Foreign Affairs, May 25, 1955 (Excerpt). . 1969-1971 B. Airplane Incidents APRIL 8, 1950 INCIDENT (Baltic Area) 15. Note From the American Ambassador at Moscow to the Soviet Foreign Minister, April 18, 1950 . 1972-1973 16. Note From the American Ambassador at Moscow to the Soviet Foreign Minister, May 5, 1950. 1973-1974 OCTOBER 7, 1952 INCIDENT (Habomai Islands) 17. Application by the United States to the International Court of Justice, May 26, 1955. 1974–1976 MARCH 15, 1953 INCIDENT (Kamchatka Peninsula) 18. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, March 18, 1953. 1977 JULY 29, 1953 INCIDENT (Cape Povorotny) 19. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, October 9, 1954 . 1977-1987 SEPTEMBER 4, 1954 INCIDENT (Sea of Japan) 20. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 5, 1954 (First Note) . 1987 21. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 5, 1954 [Second Note). 1987-1988 JUNE 23, 1955 INCIDENT (St. Lawrence Island) 22. Note From the United States Government to the Soviet Government, July 7, 1955. . 1988-1989 XXX CONTENTS 4 4 19924 4 C. Economic and Cultural Relations Page 4 23. Imports From the Soviet Union and Other Communist Countries: Proclamation by the President, August 1, 1951 . 1989-1991 24. Suspension of Publication of Amerika and the U. S. S. R. Information Bulletin: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, July 14, 1952 . 1991 25. East-West Trade Controls: Statement by the Director of Mutual Se- curity, March 3, 1953. 26. Allied Discussions Regarding East-West Trade: Statement by the Di- rector of the Foreign Operations Administration, March 31, 1954 . 1993 27. Visit of Soviet Student Editors: Statement by the Department of 5 State, March 10, 1955 . 1993 28. Discussions Regarding Exchange of Medical Films: Note From the Acting Secretary of State to the Soviet Ambassador at Washing- ton, March 17, 1955. 1994-1995 29. Exchange of Agricultural Delegations: Note From the American Em- 5 bassy at Moscow to the Soviet Foreign Ministry, May 17, 1955. 1995-1996 5 30. Exchange of Agricultural Delegations: Statement by the Departments of State and Agriculture, June 2, 1955 . . 1996–1997 :5 31. Proposed Russian-Language Magazine: Note From the American Em- bassy at Moscow to the Soviet Foreign Ministry, September 9, 1955. 1997-1998 32. East-West Trade: Statement by the Secretary of Commerce, Novem- 5 ber 3, 1955 (Summary) 1998 5 D. Entry and Residence Privileges of American and Soviet Clergymen 33. Statement by the Department of State, March 2, 1955 . 1999-2000 5 34. Note From the American Embassy at Moscow to the Soviet Foreign Ministry, June 27, 1955 . . 2000–2002 6 35. Statement by the Department of State, November 15, 1955 . . 2002–2004 6 36. Note From the American Embassy at Moscow to the Soviet Foreign 6 Ministry, December 10, 1955 . 2004-2005 I E. Discussion of Soviet- American Relations at the Geneva Conference of Heads of Government, July 18-23, 1955 6 37. Address by the President on the Eve of His Departure for the Con- 6 ference, July 15, 1955 2005-2008 38. Statement by the President, July 18, 1955. 2009-2012 6 39. Statement by the President, July 22, 1955 . 2012-2013 40. Statement by the President, July 23, 1955 . 2013-2014 41. Directive of the Heads of Government of the Four Powers to the For- 6 eign Ministers, July 23, 1955 . 2015–2016 42. Statement by the Secretary of State at a News Conference, July 26, 6 1955. 2016-2018 F. Discussion of Soviet-American Relations at the Geneva Meeting of Foreign Ministers, October 27- November 16, 1955 43. Proposal Submitted by the Foreign Ministers of the United States, the United Kingdoin, and France, October 31, 1955. 2018-2021 CONTENTS XXXI 0 + Page 44. Statement by the Secretary of State, October 31, 1955 . . 2021-2025 45. Statement by the Secretary of State, November 14, 1955 2025-2030 46. Statement by the Secretary of State, November 15, 1955 2031-2032 47. Background Paper Released to the Press by the Delegations of the United States, the United Kingdom, and France, November 15, 1955. 2032-2035 48. Statement by the Secretary of State, November 16, 1955 . 2035-2039 49. Quadripartite Communiqué, November 16, 1955 . 2039 G. Negotiations Regarding a Lend-Lease Settlement 50. Statement by the Department of State, January 5, 1951. ... 2039–2040 51. Note From the Secretary of State to the Soviet Ambassador at Wash- ington, February 7, 1951. 2040-2041 52. Note From the Secretary of State to the Soviet Ambassador at Wash- ington, April 6, 1951 . 2041-2044 53. Note From the Secretary of State to the Soviet Ambassador at Wash- ington, April 27, 1951. 2044-2047 54. Note From the Secretary of State to the Soviet Ambassador at Wash- ington, January 7, 1952 . 2047-2049 55. Tabular Data Released by the Department of State, April 24, 1952. 2050-2051 56. Note From the Acting Secretary of State to the Soviet Ambassador at Washington, November 5, 1952 . 2052-2053 57. Aide-Mémoire From the Department of State to the Soviet Embassy at Washington, September 11, 1953. 2054-2055 58. Note From the Under Secretary of State to the Soviet Ambassador at Washington, November 24, 1953 . 2055–2056 59. Aide-Mémoire From the Department of State to the Soviet Embassy at Washington, December 24, 1953. 2056-2057 80. Statement by the Department of State, March 26, 1954 . 2057 61. Statement by the Department of State, December 23, 1954 . 2058 62. Statement by the Department of State, May 27, 1955. 2058 H. Repatriation of German and Japanese Prisoners of War 33. Statement by the Department of State, February 3, 1950. . 2059 34. Statement by the Foreign Ministers of the United States, the United Kingdom, and France, May 13, 1950. 2060 35. Note From the Department of State to the Soviet Embassy at Wash- ington, June 8, 1950. 2060-2062 36. Note From the Secretary of State to the Soviet Chargé d'Affaires at Washington, June 9, 1950. 2062 37. Note From the American Ambassador at Moscow to the Soviet For- eign Minister, July 14, 1950. 2063–2065 18. Letter From the Delegations of the United States, the United King- dom, and Australia to the Secretary-General of the United Na- tions, August 25, 1950. 2065-2066 : XXXI CONTENTS PART XII. EASTERN EUROPEAN COMMUNIST REGIMES AND TH BALTIC STATES A, General BASIC UNITED STATES POLICY РА 1. Statement by the Secretary of State at a News Conference, February 24, 1950.. 2067-20€ 2. Statement by the President, February 8, 1955 206 INTERPRDTATION OF THE HUMAN RIGHTS CLAUSES OF THE PEACE TREATIES WITH BULGARIA, HUNGARY, AND ROMANIA 3. Note_From the American Legation at Bucharest to the Rumanian Foreign Ministry, January 5, 1950 207 4. Advisory Opinion of the International Court of Justice, March 30, 1950 (Excerpts) 2070-207 5. Note From the American Legation at Budapest to the Hungarian Foreign Ministry, April 26, 1950 201 6. Advisory Opinion of the International Court of Justice, July 18, 1950 (Excerpts) 2078-201 7. Resolution 385 (V) of the United Nations General Assembly, Novem- ber 3, 1950. 2080-200 8. Note From the Secretary of State to the Rumanian Chargé d'Affaires at Washington, March 18, 1952 . 2081-20 TRAVEL OF AMERICAN CITIZENS IN IRON CURTAIN COUNTRIES 9. Statement by the Department of State, May 1, 1952 10. Statement by the Department of State, October 31, 1955 20€ 20€ B. Albania 11. Statement by the Secretary of State, November 27, 1954. . 2085-201 C. Baltic States 201 12. Aide-Mémoire From the Secretary of State to the Minister of Lith- uania, the Chargé d'Affaires of Latvia, and the Acting Consul General of Estonia in Charge of Legation, August 9, 1950 . 20 13. Statement by the Secretary of State Before the House Committee To Investigate and Study the Seizure and Forced Incorporation of Lithuania, Latvia, and Estonia by the Union of Soviet Socialist Republics and the Treatment of Said Baltic Peoples, November 30, 1953. 2087-201 14. Remarks by the Secretary of State to the Latvian Chargé d'Affaires at Washington, May 24, 1954 . 15. Statement by the Secretary of State, February 15, 1955 2090-20 D. Bulgaria 16. Severance of Diplomatic Relations: Note From the American Legation at Sofia to the Bulgarian Foreign Ministry, February 20, 1950. 2091–20 17. Religious Persecution in Bulgaria: Statement by the Department of State, October 20, 1952 18. Bulgarian Suggestion for Renewal of Diplomatic Relations: Statement by the Department of State, September 10, 1953 19. Destruction of Israeli Aircraft: Note From the United States Govern- ment to the Bulgarian Government (Transmitted by the Swiss Chargé d'Affaires at Sofia), August 2, 1955 . . • 2093-20 201 2017 CONTENTS XXXIII Page 20. Eighth Anniversary of the Execution of Nikola Petkov: Statement by the Under Secretary of State, September 22, 1955. 2095 E. Czechoslovakia 21. Closing of United States Information Service Libraries and the Czecho- slovak Consulate General at Chicago: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, April 21, 1950 2095–2097 22. Reduction of United States Representation in Czechoslovakia and Closing of Czechoslovak Consulate General at New York: Note From the American Ambassador at Prague to the Czechoslovak Foreign Minister, May 27, 1950 . 2098 23. Czechoslovak Charges Regarding Border Violations and Radio Broad- casts: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, June 19, 1951 .. 2099-2102 24. Airplane Incident of June 8, 1951: Note From the American Ambassa- dor at Prague to the Czechoslovak Foreign Minister, June 24, 1951. 2103-2104 25. Oatis Case: Statement by the Department of State, July 4, 1951. 2104-2105 26. Oatis Case: House Concurrent Resolution 140 (82d Congress, 1st Session), August 23, 1951. . 2106 27. Czechoslovak Charges Regarding American Policy in Germany: Note From the American Embassy at Prague to the Czechoslovak For- eign Ministry, September 29, 1951 2106–2108 28. Train Incident of September 11, 1951: Note_From the American Embassy at Prague to the Czechoslovak Foreign Ministry, Oc- tober 1, 1951 . 2109-2111 29. The Slansky Trial: Statement by the Secretary of State, December 10, 1952 .. 2111-2112 30, Airplane Incident of March 12, 1954: Note From the American Em- bassy at Prague to the Czechoslovak Foreign Ministry, March 24, 2112-2113 31. Czechoslovak Protest Regarding Arrival of American Balloons in Czechoslovakia: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, May 24, 1954. 2113-2114 32. Border Incident of July 4, 1954: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, July 7, 1954 2114 33. Airplane Incident of March 10, 1953: Application by the United States to the International Court of Justice, March 22, 1955 . 2115–2117 1954. P. Hungary 34. Vogeler Case: Note From the American Minister at Budapest to the Hungarian Foreign Minister, February 1, 1950 2117–2:119 35. Restrictions on Travel of Hungarian Diplomats in the United States: Note From the Secretary of State to the Hungarian Minister at Washington, January 29, 1951 2119 2120 36. Vogeler Case: Statement by the Department of State, April 28, 1951. 2120-2121 37. Hungarian Charges Regarding Activities of American Officials: Note From the American Legation at Budapest to the Hungarian Foreign Ministry, July 7, 1951 (Excerpt). 2121-2122 38. Mass Deportations From Hungary: Statement by the President, July 27, 1951 : 2122-2123 415900_57-Tol. 2 3 XXXIV CONTENTS ...vai....-;:*: Pago 39. Airplane Incident of November 19, 1951: Statement by the Secretary of State, December 28, 1951 2123 40. Restrictions on Travel of Hungarian Diplomats in the United States: Note From the Secretary of State to the Hungarian Minister at Washington, October 13, 1953 2124–2125 41. Letter From the President to the Executive Chairman of the United Catholic Organizations for the Freeing of Cardinal Mindszenty, February 1, 1954 2120 42. Airplane Incident of November 19, 1951: Application by the United States to the Registrar of the International Court of Justice, February 16, 1954. 2126-2128 43. Hungarian Protest Regarding_ Arrival of Balloons: Note From the American Legation at Budapest to the Hungarian Foreign Ministry, December 17, 1954 . . 2128-2130 44. Message From the Acting Secretary of State to the President of the Hungarian National Council, February 23, 1955. . . 2130-2131 45. Harassment of Local Employees of the American Legation at Buda- nest; Note and Memorandum From the Ainerican Legation to the Hungarian Foreign Ministry, July 1, 1955 2131-2134 46. Hungarian Information Activities in the United States: Note From the Secretary of State to the Hungarian Minister at Washington, September 1, 1955. .. 2134-2135 G. Poland 1951. 47. Polish Repatriation Activities in Germany: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, July 19, 2135-2137 48. Polish and United States Information Services: Statement by the Department of State, August 9, 1951 . 2137-2138 49, Polish and United States Information Services: Note From the Secretary of State to the Polish Ambassador at Washington, September 20, 1951 2138-2140 € 50. Polish Charges Regarding Alleged Subversive Activities: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, February 9, 1953 . 2140-2143 51. Katyn Massacre: Note From the United States Representative at the United Nations to the Secretary-General, February 10, 1953 . 2143–2144 7 52, 162d Anniversary of the Polish Constitution: Statement by the Secre- tary of State, May 3, 1953. 53. Religious Persecution in Poland: Statement by the Department of 21447 2145 54. Closing of Polish Consulates General in the United States: Note From the Secretary of State to the Polish Ambassador at Wash- ington, February 25, 1954 55. Arrest of Polish Underground Leaders in 1945: Note From the Amer- ican Embassy at Moscow to the Soviet Foreign Ministry, April 21, 1955.. 21457 Р 2146-2147 A H. Rumania 1 86. American Information and Cultural Activities in Rumania: Note From the American Legation at Bucharest to the Rumanian Foreign Ministry, April 26, 1950 2147-21482 CONTENTS XXXV Page 57. Restrictions on Travel of Rumanian Diplomats in the United States: Note From the Acting Secretary of State to the Rumanian Minister at Washington, May 25, 1950 . · 2148-2149 58. Reduction of United States Representation in Rumania: Statement by the Acting Secretary of State, May 26, 1950. 2149-2150 59. Rumanian Charges Regarding Alleged_Subversive Activities: Note From the American Legation at Bucharest to the Rumanian Foreign Ministry, June 20, 1950. .. 2150-2151 60. Rumanian-American Relations: Statement by the Secretary of State, June 23, 1950. . 2151-2152 61. Rumanian Protest Against Travel Restrictions: Note From the Secretary of State to the Rumanian Minister at Washington, July 3, 1950 2152–2153 62. Plocsti Trial of Former Employees of the Romano-Americana Oil Company: Note From the American Legation at Bucharest to the Rumanian Foreign Ministry, February 20, 1953 . 2153-2156 63. Cessation of Distribution of The Romanian News and News From America: Note From the Secretary of State to the Rumanian Minister at Washington, December 31, 1953 2156 64. Anti-Semitism in Rumania: Statement by the Deputy Under Secre- tary of State to a Delegation of the American Jewish Com- inittee, June 3, 1954 . 2157 65. Tenth Anniversary of the Communist Seizure of Power: Statement by the Secretary of State, August 23, 1954 . 2157-2158 66. Restrictions on Photography and Sketching: Note From the Secretary of State to the Rumanian Minister at Washington, June 9, 1955 2158-2159 67. Death of Juliu Maniu: Statement by the Department of State, Octo- ber 25, 1955 2159-2160 I. Yugoslavia 68. Military Assistance Agreement Between the United States and Yugo- slavia, November 14, 1951 . 2160–2163 69. Hostile Activities of the Soviet Union and Its Allies Against Yugo-' slavia: Resolution 509 (VI) of the United Nations General As- sembly, December 14, 1951 . 2163-2164 70. Joint Communiqué Regarding Economic Discussions, November 22, 2164 71. Communiqué by the_Ambassadors of the United States, the United Kingdom, and France at Belgrade and the Yugoslav Under Secretary of State for Foreign Affairs, June 27, 1955 2165 72. Joint Communiqué Regarding Visit of the Deputy Under Secretary of State to Belgrade, October 1, 1955 . 2165-2166 13. Statement Regarding Visit by the Secretary of State to Yugoslavia, November 7, 1955. 2166 1954. PART XIII. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 1. Basic United States Policy .. Increasing Stability and Security in the Middle East: Message by the President to the Congress, May 24, 1951 (Excerpt). 2167-2168 .. Six Major Policy Issues: Address by the Secretary of State Upon His Return From a Tour of the Region, June 1, 1953. 2168-2175 XXXVI CONTENTS Pagt 3. Progress in Resolving Major Policy Issues: Address by the Secretary of State, August 26, 1955 2176-2180 B. Defense Arrangements and Facilities MIDDLE EAST COMMAND NEGOTIATIONS 4. Proposals Presented to the Government of Egypt by the Governme of the United States, the United Kingdom, France, and Turkey, October 13, 1951 . 2180–2182 5. Rejection by Egypt of the Joint Proposals: Statement by the Secretary of State, October 17, 1951. . 2182-2183 6. Guiding Principles of the Proposed Middle East Command: Statement by the Governments of the United States, the United Kingdom, France, and Turkey, November 10, 1951 2183-2185 7. Reply to Soviet Objections to the Establishment of a Middle East Com- mand: Note From the American Embassy at Moscow to the Soviet Ministry of Foreign Affairs, December 18, 1951 2185-2187 NATO's EASTERN ARM-GREECE AND TURKEY 8. Preliminary Association With NATO: Note Verbale From the Secretary of State to the Turkish Ambassador at Washington, September 19, 1950. 2187 I 9. United States Use of Defense Facilities: Agreement Between the United States and the Kingdom of Greece, October 12, 1953 . 2188-2189 10. Defense Support Aid: Communiqué by the Governments of the United States and Turkey, June 5, 1954 2190-2191 2 MUTUAL DEFENSE ASSISTANCE ARRANGEMENTS WITH PAKISTAN 11. Collective Security in the Middle East: Statement by the Department of State, February 19, 1954. 12. Defensive Purpose of United States Military Aid: Message From the President of the United States to the Prime Minister of India, February 24, 1954. 2192-2192 13. Increasing the Defense Potential of Pakistan: Statement by the Presi- dent, February 25, 1954 2193–2193 14. Mutual Defense Assistance Agreement Between the United States and Pakistan, May 19, 1954 2194-219 15. Defense Support Aid to Pakistan: Communiqué by the Governments of the United States and Pakistan, October 21, 1954. . 2198–2193 AIRCRAFT TRANSIT FACILITIES IN SAUDI ARABIA 16. Use of Facilities and Services at Dhahran Airfield by Transient and 3 Supporting Aircraft of the United States: Note From the Ameri- can Ambassador at Jidda to the Saudi Arabian Minister for Foreign Affairs, June 18, 1951 2199-2203; 2191 3. ...................... DEFENSE FACILITIES IN LIBYA 17. Use of Defense Facilities in Agreed Areas in Libya: Agreement and Memorandum of Understanding Between the United States and Libya, September 9, 1954 2207-222 rivis.............. CONTENTS XXXVII OPERATION OF THE SUEZ CANAL BASE Pago 8. Agreement Between the United Kingdom and the Republic of Egypt Regarding the Suez Canal Base, October 19, 1954 . 2223-2226 9. Conclusion of the Anglo-Egyptian Suez Base Agreement: Statement by the Secretary of State, October 19, 1954. 2226 T. Economic Aid and Development 0. An Act To Furnish Emergency Food Aid to India: Public Law 48 (82d Congress, 2d Session), June 15, 1951.. 2227-2229 1. Emergency Food Aid to Afghanistan: Statement by the Department of State, March 23, 1954 . 2229-2230 2. High Aswan Dam Project: Statement by the Department of State, December 17, 1955 .. 2230 3. Jordan River Development: Address by the Personal Representative of the President (Eric Johnston), December 1, 1953 . 2231-2235 4. Principles of the Jordan River Development Plan: Statement by the Personal Representative of the President, July 6, 1954 . . 2235-2236 5. Tabular Summary of Net United States Grants and Credits to the Near East, South Asia, and Africa, 1945–1955 . 2236 2. Operation of the Arab-Israeli Armistice Regime TRIPARTITE DECLARATION REGARDING THE ARMISTICE BORDERS 26. Statement by the Governments of the United States, the United Kingdom, and France, May 25, 1950 2237 27. Reaffirmation of the Tripartite Declaration; Statement by the Presi- dent, November 9, 1955 2238 ARMS SUPPLY POLICY 8. Prevention of Local Arms Imbalance: Address by the President, October 20, 1954 (Excerpt). 2239 29. Avoidance of an Arms Race: Statement by the Secretary of State and the British Foreign Secretary, September 27, 1955 2239 0. Shipment of Soviet Arms to Arab Countries: Remarks by the Secretary of State at News Conference, October 4, 1955 (Excerpts) :. 2240-2241 JURISDICTIONAL DISPUTES AND BORDER INCIDENTS 1. Authority of the United Nations Truce Supervision Organization and of the Syrian-Israeli Mixed Armistice Commission: United Nations Security Council Resolution, May 18, 1951 2241-2244 2. Respect for the Mandate of the United Nations Conciliation Com- mission for Palestine: United Nations General Assembly Resolu- tion: 512 (VI), January 26, 1952. 2244-2245 3. Israeli-Syrian Water Diversion Dispute: United Nations Security Council Resolution, October 27, 1953 2245 4. The Qibya (Israel-Jordan) Incident: United Nations Security Council Resolution, November 24, 1953. 2246_2247 5. Israeli Attacks in the Gaza Strip: United Nations Security Council Resolution, March 29, 1955 2247-2248. XXXVIII CONTENTS Pont 36. Israeli-Egyptian Obligations To Cooperate with the United Nations Truce Supervision Organization: United Nations Security Council Resolution, March 30, 1955 224€ 37. Call for the Implementation of the Security Council Resolution of March 30, 1955: Letter From the President of the Security Council to Each Member, June 7, 1955 . 224: 38. Renewed Appeal for Israeli-Egyptian Cooperation With the Truce Supervision Organization: United Nations Security Council Resolution, September 8, 1955 .. 2249–2251 39. United States Support of United Nations Efforts To Achieve Peaceful Settlement: Statement by the Department of State, November 5, 1955 2250-2251 SHIPPING RESTRICTIONS IN THE SUEZ CANAL 40. Egyptian Restrictions on Israeli Shipping in the Suez Canal: United Nations Security Council Resolution, September 1, 1951 . . 2251-225 41. Obligation of Egypt To Comply With the Security Council's Resolution of 1951: Statement by the United States Representative at the United Nations Before the Security Council, March 25, 1954. 2252-225 THE STATUS OF JERUSALEM (International Regime for the Jerusalem Area and the Protection of the Holy Places: General Assembly Resolution 303 (IV), December 9, 1949) 225 42. Removal of the Israeli Foreign Office From Tel Aviv to Jerusalem: Statement by the Secretary of State, July 28, 1953 2254-225 43. Retention of the American Embassy at Tel Aviv: Statement by the Department of State, November 3, 1954 . 225 Retsin""*7*-*5*2*0.7***, PALESTINE REFUGEES 44. United Nations Palestine Refugee Aid Act of 1950: Title III of Public Law 535 (81st Congress, 2d Session), June 5, 1950. 2256-225 45. United Nations General Assembly Resolution 393 (V), December 2, 1950. 2257–225 46. United Nations General Assembly Resolution 916 (X), December 3, 1955.. 2259-226 E. The Iranian Oil Controversy 47. United States Position in Talks With Iran and the United Kingdom: Statement by the Department of State, May 18, 1951 .. 2261-226 48. United States Nonintervention in Iranian Domestic Affairs: Aide- Mémoire From the American Ambassador at Tehran to the Iranian Minister for Foreign Affairs, May 26, 1951 . 49. Offer To Send a Presidential Personal Representative to Tehran: Message From the President of the United States to the Prime Minister of Iran, July 8, 1951. . 2264-226 50. Observations on Iranian Proposals for Settlement of the Controversy: Note From the President's Special Representative (W. Averell Harriman) to the Prime Minister of Iran, September 15, 1951.2265-22 51. Competence of the International Court of Justice in the Controversy: United Nations Security Council Decision, October 19, 1951 . 226 228 : CONTENTS XXXIX Page 52. Proposals for Settlement of the Controversy: Joint Message and Pro- posals From the President of the United States and the Prime Minister of the United Kingdom to the Prime Minister of Iran, August 30, 1952. . 2269-2270 53. Impossibility of Increasing Economic Aid to Iran Pending Settlement of the Controversy: Message From the President of the United States to the Prime Minister of Iran, June 29, 1953. 2271-2272 54. Settlement of the Controversy: Joint Statement by the Government of Iran and the Oil Consortium, August 5, 1954 . 2273-2275 55. United States Gratification Over the Settlement: Message From the President of the United States to the Shah of Iran, August 5, 1954. 2275 F. Territorial Disputes and Claims CYPRUS 56. United States Hopes for Settlement of the Cyprus Issue as Between Greece and Turkey: Note From the Secretary of State to the Prime Minister of Greece, Released September 18, 1955 2276 57. Inappropriateness of United Nations Consideration of the Cyprus Question: United Nations General Assembly Resolution 814 (IX), December 17, 1954 2277 KASHMIR 58. Summary of Developments in the Kashmir Dispute, 1947-1952 (Excerpt) 2277–2286 59. Fifth Report by the United Nations Representative for India and Pakistan, March 27, 1953 (Excerpts) 2286-2294 Goa 60. Peaceful Settlement of the Goa Controversy: Statement by the Secre- tary of State at a News Conference, August 2, 1955 . 2294 61. Developments in the Goa Controversy: Transcript of a News Con- ference of the Secretary of State, December 6, 1955 (Excerpts) 2294-2296 G. Developments in Africa MOROCCO 62. Rights of American Nationals in Morocco: Statement by the Depart- ment of State, June 29, 1951 2296-2297 63. Free Political Institutions for Morocco: United Nations General As- sembly Resolution 612 (VII), December 19, 1952 2298 64. Return of Sultan Mohammed Ben Yousef (Mohammed V) to Morocco; Statement by the Department of State, November 18, 1955 2299 TUNISIA 65. Free Political Institutions for Tunisia: United Nations General As- sembly Resolution 611 (VII), December 17, 1952 2299-2300 66. Internal Autonomy for Tunisia: Statement by the Secretary of State at & News Conference, August 10, 1955 .. 2300 ALGERIA 67. Competence of the United Nations in Relation to the Algerian Ques- tion: Statement by the United States Representative at the United Nations Before the General Assembly, September 30, 1955. . 2301-2302 XL CONTENTS Page 68. Inappropriateness of United Nations Consideration of the Algerian Question: United Nations General Assembly Resolution 909 (X), November 25, 1955 2302 LIBYA 69. Recognition of the United Kingdom of Libya: Statement by the De- partment of State, December 24, 1951 . 2302-2303 SUDAN 70. Egyptian Abrogation of Condominium in the Sudan: Statement by the Secretary of State, October 10, 1951 2303-2304 71. Anglo-Egyptian Agreement on the Sudan: Note From the Secretary of State to the Foreign Minister of Egypt, February 14, 1953.. . 2304 72. United States Participation in the Mixed Electoral Commission for the Sudan: Statement by the Department of State, March 23, 1953 (Excerpt) 2304-2305 ETHIOPIA AND ERITREA 73. Federation of Ethiopia and Eritrea: United Nations General Assembly Resolution 617 (VII), December 17, 1952 2305-2306 GOLD COAST (GHANA) AND NIGERIA 74. Self-Government in the Gold Coast (Ghana) and Nigeria: Senate Joint Resolution 183 (83d Congress, 2d Session), August 27, 1954 . . 2306 UNION OF SOUTH AFRICA 75. Treatment of People of Indian Origin in the Union of South Africa: United Nations General Assembly Resolution 615 (VII), De- cember 5, 1952. 2307-2308 76. Policies of Apartheid in the Union of South Africa: United Nations General Assembly Resolution 917 (X), December 6, 1955. 2308-2309 PART XIV. THE FAR EAST AND SOUTHEAST ASIA A. The Basic Position of the United States 1. Review of the Position as of 1950: Address by the Secretary of State, January 12, 1950. 2310-2322 2. Review of the Position as of 1955: Address by the Secretary of State, February 16, 1955 (Excerpts). 2322-2328 B. The Pacific and Southeast Asia 2328-2330 THE ANZUS PACT 3. Establishing the Machinery of the ANZUS Council: Communiqué of the First Meeting of the ANZUS Council, Kaneohe, Hawaii, August 7, 1952... 4. The Annual Review: Communiqué of the Second Meeting of the ANZUS Council, Washington, September 10, 1953 . 5. Collective Defense in Southeast Asia: Statement by Representatives of the ANZUS Governments at Their Informal Consultative Meet- ing, Washington, June 30, 1954. 6. The Annual Review: Communiqué of the Fourth Meeting of the ANZUS Council, Washington, September 24, 1955: 2330-2332 2332-2333 2333 CONTENTS XLI THE SOUTHEAST ASIA TREATY ORGANIZATION (SEATO) Pago 7. Establishing the Machinery of SEATO: Communiqué of the First Meeting of the SEATO Council, Bangkok, February 25, 1955. 2334-2337 THE COLOMBO PLAN 8. The Role of the United States in the Colombo Plan: Address by the Assistant Secretary of State for Economic Affairs, October 14, 1954 2338-2344 THE AFRO-ASIAN CONFERENCE 9. Communiqué of the Conference of Afro-Asian Countries, Issued at Bandung, Indonesia, April 24, 1955. 2344-2352 BURMA 2353 10. Presence of Chinese Troops in Burma: Resolution 815 (IX) of the United Nations General Assembly, October 29, 1954. 11. Exchange of Views: Joint Statement by the President of the United States and the Prime Minister of Burma, July 2, 1955. 2354 REPUBLIC OF THE PHILIPPINES 12. Economic Survey of the Philippines: Summary and Recommendations From the Report of the Bell Mission, October 9, 1950 (Ex- cerpts). 2355-2357 13. Progress Report on Developments in the Philippines: Statement to the Press by the American Ambassador to the Republic of the Philippines, June 15, 1951 . 2357-2359 14. Establishment of the Council Under the United States-Philippine Mutual Defense Treaty: Note From the Secretary of State to the Philippine Chargé d'Affaires at Washington, June 23, 1954 . . 2360 15. Revised United States-Philippine Trade Agreement: Statement by the Department of State, September 6, 1955 . 2360-2363 : C. Indochina UNITED STATES POLICY REGARDING THE COMMUNIST THREAT IN INDOCHINA, 1950–1953 16. United States Recognition of Increased sovereignty in the State of Viet-Nam: Note From the United States Ambassador-at-Large to the Chief of State of Viet-Nam, January 27, 1950 2363-2364 17. United States Recognition of Viet-Nam, Laos, and Cambodia: State- ment by the Department of State, February 7, 1950. 2364-2365 18. Extension of Military and Economic Aid: Statement by the Secretary of State, May 8, 1950 . 2365 19. Economic Aid Program: Note From the American Chargé d'Affaires at Saigon to the Chiefs of State of Viet-Nam, Laos, and Cambodia, May 24, 1950. 2365–2366 20. The Military Aid Program: Statement by the Departments of State and Defense, September 23, 1951 2366-2367 21. The Defense of Indochina: Communiqué Regarding Discussions Be- tween Representatives of the United States, France, Viet-Nam, and Cambodia, June 18, 1952. 2367-2368 1 XLII CONTENTS : Page 22. Support by NATO of the French Union Defense Efforts in Indochina: Resolution Adopted by the North Atlantic Council, December 17, 1952. . 2368-2369 23. United States Support of Laos Against the Viet Minh Invasion: Statement by the Department of State, April 17, 1953. . 2369 24. United States Emergency Aid to Laos and Thailand in the Face of Viet Minh Aggression: Statement by the Secretary of State at a News Conference, May 9, 1953 . 2369-2370 25. The Consequences of Direct Chinese Communist Intervention in Indochina: Address by the Secretary of State, September 2, 1953 (Excerpt) 2370-2371 26. Additional United States Aid to France and Indochina: Joint Franco- American Communiqué, September 30, 1953. 2371-2372 THE INDOCHINA PHASE OF THE GENEVA CONFERENCE, 1954 27. Plans for the Geneva Conference on Korea and Indochina: Quadri- partite Communiqué of the Berlin Conference, February 18, 1954. 2372-2373 28. Views of the United States on the Eve of the Geneva Conference: Address by the Secretary of State, March 29, 1954 . . 2373-2381 29. Views of the United States and France on the Eve of the Geneva Conference: Joint Statement by the Secretary of State and the French Foreign Minister, April 14, 1954 2381 30. Preparations for the Indochina Phase of the Geneva Conference: Statement by the President, May 5, 1954 . 2382-2383 31. Midway in the Geneva Conference: Address by the Secretary of State, May 7, 1954 . 2383-2390 32. Conditions for United States Direct Intervention in Indochina: Transcript of a News Conference of the Secretary of State, May 25, 1954 (Excerpt). 2391–2393 33. The Threat of Direct Chinese Communist Intervention in Indochina: Address by the Secretary of State, June 11, 1954 (Excerpt). 2393–2395 34. Increased Military Aid to Thailand: Statement Released by the De- partment of Defense, July 13, 1954 35. Consultations with the French Premier and the British Foreign Secre- tary: Statement by the Secretary of State, July 15, 1954.. 2396-2397 36. The Cease-Fire Agreements in Indochina: Statement by the President, July 21, 1954. 2397-2398 E AID FOR INDOCHINA FOLLOWING THE GENEVA CONFERENCE, 1954–1955 37. Assistance to Refugees From North Viet-Nam: Note From the American Embassy at Saigon to the Vietnamese Foreign Ministry, August 8, 1954 38. Evacuation of Refugees From North Viet-Nam: Statement Released by the White House, August 22, 1954 . 39, Direct Aid to the Associated States: Communiqué Regarding Franco- American Conversations, September 29, 1954 . 2400-2401 40. Aid to Cambodia: Message From the President of the United States to the King of Cambodian October 2, 1954 . 41. Aid to the State of Viet-Nam: Message From the President of the United States to the President of the Council of Ministers of Viet-Nam, October 23, 1954. *-.-Y. IT.' 2396 2398 E 2399-2400 5 2401 5 2401–2402 CONTENTS XLII Page 42. Mission of the Special United States Representative in Viet-Nam: Statement Issued by the White House, November 3, 1954. . 2402-2403 43. Direct Aid to Viet-Nam, Cambodia, and Laos: Statement by the De. partment of State, December 31, 1954 . 2403 44. Unification of Viet-Nam Through Free Elections: Statement by the Secretary of State at a News Conference, June 28, 1955 . 2404 45. Recognition of the New Chief of State of Viet-Nam: Statement by the Department of State, October 26, 1955. 2404-2405 D. Japan TRANSITION FROM ALLIED OCCUPATION TO MUTUAL SECURITY ARRANGEMENTS, 1950-1952 46. Participation of Japan in Technical Agreements and Conferences: Interim Directive to the Supreme Commander for the Allied Powers, Japan, February 21, 1950. 2405 47. Administrative Agreement Between the United States and Japan Under Article III of the Security Treaty, February 28, 1952 . 2406–2423 48. Interim Security Arrangements Upon Termination of Allied Occupa- tion: Exchange of Notes Between the Special Representative of the President of the United States and the Japanese Foreign Minister, February 28, 1952. .. 2423–2425 49. Termination of the State of War With Japan: Presidential Proclama- tion No. 2974, April 28, 1952 . 2425-2427 THE DEFENSE CAPACITY AND ECONOMIC VIABILITY OF SOVEREIGN JAPAN, 1953-1955 50. Repelling Violations of Japanese Territorial Air by Foreign Military Aircraft: Note From the American Embassy at Tokyo to the Japanese Foreign Ministry, January 16, 1953. . 2427 51. American Rights in the Ryukyu Islands: Note From the Secretary of State to the Japanese Prime Minister, August 8, 1953 2427-2428 52. The Military Security and Economic Recovery of Japan: Joint State- ment by the Assistant Secretary of State for Far Eastern Affairs and the Personal Representative of the Japanese Prime Minister, October 30, 1953 2428-2429 53. Restoration of Japanese Sovereignty Over the Amami Oshima Islands (Ryukyu Group): Statement by the Secretary of State, December 24, 1953, 2430 54. The Need for a Strong Japan: Address by the Assistant Secretary of State for Far Eastern Affairs, February 6, 1954 (Excerpt) . 2430–2437 55. Mutual Defense Assistance Agreement, March 8, 1954 . 2437-2441 56. Economic Position of Japan: Statements by the Secretary of State at a News Conference, August 10, 1954 2442-2443 57. Review of American-Japanese Relations: Joint Statement by the President of the United States and the Prime Minister of Japan, November 10, 1954 2443-2444 58. Beneficent Effect of Japan's Accession to the General Agreement on Tariffs and Trade: Statement by the Department of State, July 22, 1955 2445 59. Strengthening the Defense Capacity of Japan: Joint Statement by the Secretary of State and the Japanese Foreign Minister, August 31, 1955.. 2446-2448 XLIV CONTENTS 1 { Ë. The Republic of China on Formosa (Taiwan) and Communist China IMMEDIATE RESULTS OF COMMUNIST SEIZURE OF MAINLAND CHINA, 1950 Pagi 60. United States Policy Respecting the Status of Formosa (Taiwan): Statement by the President, January 5, 1950 . 2448-2449 61. Elaboration of Policy Respecting the Status of Formosa (Taiwan): Remarks by the Secretary of State at a Special News Conference, January 5, 1950. 2449-2452 62. Recall of Foreign Service Personnel From Communist China: State- ment by the Department of State, January 14, 1950 (Excerpts). 2453–2456 63. Review of United States Policy in Relation to China (Replies by the Department of State to a Series of Questions Contained in House Resolution 452, 81st Congress, 2d Session): Report of the House Committee on Foreign Affairs, February 9, 1950 . 2456–2461 64. Treaty of Friendship, Alliance, and Mutual Assistance Between the Soviet Union and Communist China, Signed at Moscow, February 14, 1950, 2463–2461 65. Implications of the Treaty of Alliance and Related Agreements Between the Soviet Union and Communist China: Address by the Secretary of State, March 15, 1950 (Excerpt) 2465--246 UNITED STATES POLICY IN THE FORMOSA (TAIWAN) AREA DURING THE KOREAN HOSTILITIES, 1950-1953 66. Mission of the United States Seventh Fleet in the Formosa (Taiwan) Area: Statement by the President, June 27, 1950 (Excerpt) 2468 67. Neutralization of Formosa (Taiwan) During the Korean Action: Remarks by the Assistant Secretary of State for Far Eastern Affairs, November 15, 1950 (Excerpt) 2469-2470 68. Mutual Defense Assistance Agreement Between the United States and the Republic of China, February 9, 1951 2470-2471 69. American Friendship for the Peoples of China: Address by the Assistant Secretary of State for Far Eastern Affairs, May 18, 1951 . 2472-247 70. Revised Mission of the United States Seventh Fleet in the Formosa (Taiwan) Area: Message by the President to the Congress, February 2, 1953 (Excerpt) COMMUNIST CHARGES OF UNITED STATES AGGRESSION IN THE FORMOSA (TAIWAN) AREA 71. United Nations Consideration of the Communist Charges: Statement by the Department of State, August 24, 1950 247 72. Refutation of the Communist Charges: Letter From the United States Representative at the United Nations to the Secretary-General, August 25, 1950 (Excerpts). 2476-247 73. United States Request That the "Question of Formosa" Be Placed on the Agenda of the General Assembly: Letter From the Secretary of State to the Secretary-General of the United Nations, September 21, 1950 74. Postponement of General Assembly Consideration of the “Question of Formosa" (Taiwan): Statements by the United States Repre- sentative Before the General Asembly, November 15, 1950 . 2480–248 9 247 2478–248& 9 CONTENTS XLV ATTEMPTS TO EFFECT A CEASE-FIRE IN THE FORMOSA (TAIWAN) AREA, 1954-1955 Page 75. Relation of the Tachen Islands to the Defense of Formosa (Taiwan): Transcript of a News Conference of the Secretary of State, January 18, 1955 (Excerpt) 2481-2483 76. Employment of United States Armed Forces in Defense of the Formosa (Taiwan) Area: Message by the President to the Congress, January 24, 1955 2483-2486 77. Congressional Authorization for the President To Employ the Armed Forces of the United States To Protect Formosa, the Pescadores, and Related Positions and Territories of That Area: House Joint Resolution 159 (84th Congress, 1st Session), January 29, 1955.2486–2487 78. Security Council Consideration of the Question of Hostilities in the Formosa (Taiwan) Area: Remarks by the United States Repre- sentative Before the Security Council, January 31, 1955 . 2487-2489 79. Invitation to the "Peoples Republic of China" To Send a Representa- tive to the Security Council Discussion of the Formosa (Taiwan) Question: Cablegram From the Secretary-General of the United i Nations to the Chinese Communist Premier, January 31, 1955 . 2490 80. United States Assistance to the Republic of China in the Evacua- tion of the Tachen Islands: Statement by the Department of State, February 5, 1955 2490-2491 81. Conditions for United States Defense of Quemoy and the Matsu & Islands: Transcript of a News Conference of the Secretary of State, March 15, 1955 (Excerpt). 2491-2493 82. Defense of the Formosa (Taiwan) Area: Transcript of a News Confer- ( ence of the Secretary of State, April 5, 1955 (Excerpt) ... 2493–2496 83. Relaxing Tension in the Formosa (Taiwan) Area: Statement by the '1 Department of State, April 23, 1955 .. 2496 84. Possibility of Negotiating a Cease-Fire Arrangement: Transcript of a News Conference of the Secretary of State, April 26, 1955 . 2496–2503 85. Negotiations With Communist China for a Cease-Fire Arrangement in the Formosa (Taiwan) Area: Statement by the Secretary of State at a News Conference, July 26, 1955. 2504–2506 86. Negotiation of a Broad Cease-Fire Arrangement in the Formosa (Taiwan) Area: Transcript of a News Conference of the Secretary of State, August 2, 1955 (Excerpt) 2506-2510 THE PROBLEM OF THE UNITED STATES NATIONALS DETAINED IN COMMUNIST ht CHINA 87. Imprisonment of United States Nationals by Chinese Communist II Authorities: Statement by the Department of State, May 21, 1951 2510-2511 88. Detention of United States Nationals: Statement by the Department of State, December 12, 1951 2511--2512 #89. Continued Detention of United States Nationals: Statement by the Department of State, October 9, 1953 2512-2513 90. Negotiations at the Consular Level for the Release of United States Nationals:Statement by the Department of State, March 1, 1955 2513-2514 91. Rescinding of Restraining Orders on Chinese Students in the United States: Statement by the Department of State, April 2, 1955 . 2514 92. Continued Negotiations at the Consular Level for the Release of United States Nationals Detained by Chinese Communist Author- ities: Statement by the Department of State, June 1. 1955 . 2515 R XLVI CONTENTS Page 93. Negotiations at the Ambassadorial Level for the Release of United States Nationals: Joint Communiqué by Representatives of the United States and Communist China, July 25, 1955 . 2516 94. Agreed Measures for the Return of United States and Chinese Civilians: Joint Statement of Representatives of the United States and Communist China, September 10, 1955 2516-2517 95. Failure of the Chinese Communist Authorities To Implement the Agreement of September 10, 1955: Statement by the Department of State, December 16, 1955 2517-2519 + SHIP AND PLANE INCIDENTS IN THE CHINA AREA 96. Communist Chinese Attacks on Foreign Ships and Planes in the China Area: List (July 1950-June 1954) Released by the United States Mission at the United Nations, September 19, 1954 2519-252 97. Protest Against Attack on British Cathay Pacific Airliner: Note From the United States Government to the Chinese Communist Author- ities at Peiping, Transmitted by the British Chargé d'Affaires, July 27, 1954. 252 98. Protest Against Attack on United States Aircraft in Rescue Work on the British Cathay Pacific Airliner: Note From the United States Government to the Chinese Communist Authorities at Peiping, Transmitted by the British Chargé d'Affaires, July 27, 1954 . 2522–252 99. Rejection of Soviet Charges of United States Interference With the Soviet Tanker Trapse: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, June 26, 1954 . 252 100. Renewed Rejection of Soviet Charges: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, July 4, 1954 252 101. Denial of Any Responsibility in the Case of the Tuapse and Its Crew: Statement by the Department of State, August 8, 1955 . . 2523–252 102. Denial of Polish Charges of United States Interference With the Polish Tanker Praca: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, October 20, 1953 . 252 103. Denial of Polish Charges of United States Interference With the Polish Freighter Gottwald: Statement by the Department of State, May 21, 1954 1 104. Denial of Any Responsibility in Connection With the Praca and the Gottwald and Their Crews: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, December 8, 1954,2525–252 1 105. Final Rejection of Polish Allegation of Responsibility in the Cases of the Praca and the Gottwald: Note From the American Embassy 1 at Warsaw to the Polish Foreign Ministry, February 21, 1955 . 2 252 252 PART XV. KOREA 2 2 A. United States Military and Economic Assistance Prior to the Outbreak of the Korean Conflict 1. Rejection of the Korean Aid Bill by the House of Representatives: Statement by the President, January 21, 1950. . 2. Mutual Defense Assistance Agreement Between the United States and the Republic of Korea, January 26, 1950 . 3. Economic Assistance to the Republic of Korea: The Far Eastern Economic Assistance Act of 1950, February 14, 1950. 2527-251 . 2 2529-251 2532-25 CONTENTS XLVII Pago 4. Extension of the Economic Assistance Program for the Republic of Korea: Statement by the Secretary of State, March 7, 1950. 2533-2536 . B. Initial Phase of the Korean Conflict, June-October, 1950 5. Announcement of the North Korean Attack: Telegram From the American Ambassador at Seoul to the Secretary of State, June 25, 1950, 2536-2537 6. Request for Security Council Consideration of the North Korean Aggression: Letter From the Deputy Representative of the United States at the United Nations to the U.N. Secretary-General, June 25, 1950. 2537 7. Confirmation of the North Korean Aggression: Telegram From the United Nations Commission at Seoul to the U.N. Secretary- General, June 25, 1950. 2537-2538 8. Call for North Korean Withdrawal: Resolution of the United Nations Security Council, June 25, 1950 . 2538-2539 9. Initial Measures Taken by the United States in the Korean Crisis: Statement by the President, June 27, 1950 . 2539-2540 10. Call for United Nations Assistance to the Republic of Korea: Resolu- tion of the United Nations Security Council, June 27, 1950. . 2540–2541 11. Additional United States Measures in Support of the Republic of Korea: Statement Released by the White House, June 30, 1950. . 2541 12. Offer of Ground Forces by the Republic of China for Service in Korea: Note From the Secretary of State to the Chinese Ambassador at Washington, July 1, 1950 2541-2542 13. Constitutional Authority for Use of United States Forces in Korea: Memorandum by the Department of State, July 3, 1950 (Excerpts) 2542-2549 14. Designation of the Unified Command: Resolution of the United Nations Security Council, July 7, 1950. 2550 15. Designation of the United Nations Commander: Statement by the President, July 8, 1950. 2550-2551 16. United States Views on the Role of the United Nations in Repelling. the Aggression in Korea: Message From the Secretary of State to the Prime Minister of India, July 18, 1950. 2551-2552 17. Report by the President to the Congress on the Situation in Korea, July 19, 1950 (Excerpts). . 2552-2560 18. First Report to the Security Council by the United Nations Command, July 24, 1950. . 2560-2565 19. Contributions to the Unified Command: Resolution of the United Nations Security Council, July 31, 1950. 2565–2566 20. Report to the Nation on the Situation in Korea: Address by the President, September 1, 1950 . 2566-2572 21. Responsibility for the Aggression in Korea: Report of the United Nations Commission on Korea, September 4, 1950 (Excerpt) .2572–2575 22. Call for the Surrender of the North Korean Forces: Message From the Commander-in-Chief, United Nations Command, to the Commander-in-Chief, North Korean Forces, October 1, 1950. . 2575 23. Establishment of the United Nations Commission for the Unification and Rehabilitation of Korea (UNCURK): Resolution 376 (V) of the United Nations General Assembly, October 7, 1950 . : 2576–2578 XLVIII CONTENTS, Pago 24. Second Call for the Surrender of the North Korean Forces: Message From the Commander-in-Chief, United Nations Command, to the Commander-in-Chief, North Korean Forces, and to All North Koreans, October 9, 1950. 2578 25. Coordination of Policy and Strategy Following the Inchon Landing: Statement by the President on Wake Island, October 15, 1950 2579-2580 C. Chinese Communist Intervention and Its Consequences, November 1950– June 1951 26. Presence of Chinese Communist Forces in North Korea: Special Report of the Commander-in-Chief, United Nations Command, Novem- ber 5, 1950. 2581-2582 27. Chinese Communist Intervention in Korea: Communiqué by the Commander-in-Chief, United Nations Command, November 6, 1950. . 2582-2583 28. Ret on of the Korean-Chinese Frontier: Draft Resolution of the United Nations Security Council, November 10, 1950 . 2583-2584 29. Extent of the Chinese Communist Intervention in Korea: Special Communiqué by the Commander-in-Chief, United Nations Com- mand, November 28, 1950. 2584-2585 30. Establishment of the United Nations Korean Reconstruction Agency (UNKRA): Resolution 410 (V) of the United Nations General Assembly, December 1, 1950'... 2585-2593 31. Labeling as Aggression the Chinese Communist Intervention in Korea: Statement by the United States Representative at the United 5 Nations Before the U.N. General Assembly, December 6, 1950.2593-2594 32. Establishment of a Group for a Cease-Fire in Korea: Resolution 384 (V) of the United Nations General Assembly, December 14, 1950. . 2594-2595 5 33. Control of Economic Relations Between the United States and Commu- nist China and North Korea: Statement by the Department of State, December 16, 1950. 34. Designation of Korea as a Combat Zone as of June 27, 1950: Executive Order No. 10195, December 20, 1950 . 2596 35. Report of the United Nations Group on a Cease-Fire in Korea to the First Committee of the General Assembly, January 2, 1951 . 2596-2601 36. Principles Adopted by the United Nations Group on & Cease-Fire in Korea, January 11, 1951 . 2601-2602 37. Transmittal of the Principles Adopted by the United Nations Group 5 on & Cease-Fire in korea to the Chinese Communist Regime: Resolution of the First Committee of the United Nations General Assembly, January 13, 1951 . 38. Labeling the Chinese Communists as Aggressors in Korea: Resolution of the House of Representatives, January 19, 1951 . . 39. Labeling the Chinese Communists as Aggressors in Korea: Resolution of the United States Senate, January 23, 1951 . 40. Condemnation of Chinese Communist Aggression in Korea: State- 5 ment by the United States Representative at the United Nations Before Committee I of the U.N. General Assembly, January 24, 1951. .. 5 2603-2607 41. Condemnation of Chinese Communist Aggression in Korea: Statement by the President, January 25, 1951 . 2595 5 26025 5 2602 .::.- ....more 2602 2608 CONTENTS XLIX Page 1951. 42. Condemnation of Chinese Communist Aggression in Korea: Resolu- tion 498 (V) of the United Nations General Assembly, February 1, 2608-2609 43. United States Policy in the Korean Conflict: Address by the President, April 11, 1951 2609-2614 44. United Nations Strategic Embargo Against Communist China and North Korea: Resolution 500 (V) of the United Nations General Assembly, May 18, 1951 . · 2614–2615 45. Review of United States Policy in the Korean Conflict: Statement by the Secretary of State, June 1, 1951 2615-2622 46. United States Embargo Action Against Communist China and North Korea: Report Submitted by the Deputy United States Repre- sentative at the United Nations to the Additional Measures Com- mittee of the U.N. General Assembly, June 15, 1951 (Excerpt). . 2622–2626 47. Appeal for Additional Ground Forces in Korea: Communication From the Unified Command to the Secretary-General of the United Nations, June 21, 1951 . 2626 D. Negotiations for an Armistice Agreement, June 1951-July 1953 48. Summary of the Armistice Negotiations, June 1951-July 1953: Special Report of the United Nations Command to the Secretary-General of the United Nations, August 7, 1953 . 2627-2636 49. Initial Exchanges Between Soviet and United States Representatives at the United Nations Concerning Negotiation of an Armistice: Statement by the Department of State, June 28, 1951 2636-2637 50. Proposed Initial Meeting To Discuss an Armistice: Message From the Commander-in-Chief, United Nations Command, to the Com- manders-in-Chief of the Chinese Communist and North Korean Forces, June 30, 1951 2637 51. Agreed Agenda for Armistice Negotiations: Announcement by the Commander-in-Chief, United Nations Command, July 26, 1951. 2637-2638 52. Request for Cooperation of the Soviet Union in Negotiating a Korean Armistice: Statement Read by the American Ambassador at Moscow to the Soviet Minister for Foreign Affairs, October 5, 1951. 2638-2640 53. Basis for Establishing a Military Demarcation Line: Agreement Reached Between Representatives of the United Nations Com- mand and the Chinese Communist and North Korean Commands, November 23, 1951 2641 54. Principles for Carrying Out an Armistice: Proposal by the United Nations Command, November 27, 1951 . 2641-2642 55. Exchange of Prisoners of War: Proposal by the United Nations Com- mand, January 2, 1952 . 2642-2643 56. Convening of a Special Session of the United Nations General Assem- bly Upon Conclusion of an Armistice Agreement: Resolution 507 (VI) of the United Nations General Assembly, February 5, 1952. 2643-2644 57. Three-Point Proposal for an Armistice Submitted by the United Na- tions Command: Statement by the President, May 7, 1952. . 2644–2645 58. Progress of the Armistice Negotiations: Forty-Second Report of the Commander-in-Chief, United Nations Command, to the United Nations Security Council, June 13, 1952 (Excerpt) 2646 415900_57_Fol. 2-4 1. L CONTENTS Ivet.. . Page 1 59. Request for Soviet Good Offices in Obtaining North Korean and Chinese Communist Compliance with the 1949 Geneva Conven- tion on Treatment of Prisoners of War: Note Delivered by the American Ambassador at Moscow to the Soviet Foreign Minister, July 23, 1952. 2647 60. Proposal for a Solution of the Prisoner of War Problem: Statement by the Chief United Nations Command Negotiator at Panmunjom, September 28, 1952 2647-2649 61. Suspension of the Armistice Negotiations: Statement by the Secretary of State, October 8, 1952 . 2649-2650 62. Proposals for a Solution of the Prisoner of War Problem: Resolution 610 (VII) of the United Nations General Assembly, December 3, 1952 2651-2654 63. Proposal for the Exchange of Sick and Wounded Prisoners of War: Letter From the Commander-in-Chief, United Nations Com- mand, to the Commanders-in-Chief of the North Korean and Chinese Communist Forces, February 22, 1953. 2654–2655 64. Request for Communist Command Statement on Repatriation of Pris- oners of War: Letter From the Commander-in-Chief, United Nations Command, to the Commanders-in-Chief of the North Korean and Chinese Communist Forces, April 5, 1953 (Excerpt). 2655 65. Repatriation of Sick and Injured Captured Personnel: Agreement Be- tween the United Nations Command and the North Korean and Chinese Communist Commands, April 11, 1953. 2655–2658 66. Escape of North Korean Non-Repatriate Prisoners of War: Letter From the Senior Delegate of the United Nations Command at the Armistice Discussions to the Senior Delegate of the Commu- nist Command, June 18, 1953. . 2658-2659 67. Escape of North Korean Non-Repatriate Prisoners of War: Letter From the Commander-in-Chief, United Nations Command, to the President of the Republic of Korea, June 20, 1953 . . 2659–2660 68. Escape of North Korean Non-Repatriate Prisoners of War: Letter From the Commander-in-Chief, United Nations Command, to the Commanders-in-Chief of the North Korean and Chinese Com- munist Forces, June 29, 1953. .. 2660-2662 69. Sixteen-Nation Declaration on Korea Issued at Washington, July 27, 1953 2662 70. Tribute to United Nations Forces in Korea: Resolution 712 (vin) of the United Nations General Assembly, August 28, 1953 . 2663 E. Incidents Involving United Nations Command and Soviet Aircraft in the Korean Conflict, 1950-1959 71. Shooting Down of Soviet Bomber: Message Delivered by the Deputy at Secretary-General, September 5, 1950 2663–2664 72. United States Refusal To Accept Soviet Note Concerning Bomber: Statement by the American Ambassador at Moscow, September 6, 1950. 73. Soviet Attack Against United Nations Aircraft: Communication De- livered by the United States Representative at the United Nations to the U.N. Secretary-General, November 24, 1951 . 2664-2665 74. Shooting Down of Soviet IL-12 by United Nations Aircraft: State- ment by the Department of State, August 1, 1953 . .. ܂ܟܕܙܕܝ ܕܕܨܢ . ܕܢ ..;- ܝܬ݁ܗܳܝܺ ܕ݁ܗܳܢܐ ܚܐܐܐ ܙ ; ܝܐܳܡܪܝܢ ܕܰܪܝܺܟܚܺܝܚܰܝܶܐܘܺܝܽܦ.ܝܟܙܕ܀ܢ܀ : ܀. . . ... ܢ… -.- 2664 2665 CONTENTS LI F. The Communist "Germ Warfare" Campaign, 1951-1953 Page 75. Refutation of Communist Charges of Germ Warfare: Statement by the Secretary of State, May 7, 1951 . 2666-2667 76. Request for Investigation of Germ Warfare Charges by the Interna- tional Committee of the Red Cross (ICRC): Telegram From the Secretary of State to the President of the ICRC, March 11, 1952. 2667 77. Communist Refusal To Permit Investigation of Germ Warfare Charges by the ICRC: Statement by the Secretary of State, March 26, 1952 2668 78. Call for Investigation of Germ Warfare Charges by the ICRC: Draft Resolution of the United Nations Security Council, June 20, 1952. 2668-2669 79. Investigation of Germ Warfare Charges by a United Nations Com- mission: Resolution 706 (VII) of the United Nations. General As- sembly, April 23, 1953 2669-2670 80. Communist Failure To Reply to Offer of United Nations Investigation of Germ Warfare Charges: Report by the President of the United Nations General Assembly, July 28, 1953 2670-2671 81. Discussion of Germ Warfare Charges in the Eighth United Nations General Assembly: Statement by the United States Representa- tive, November 3, 1953 . 2672-2673 G. Efforts To Reach a Political Settlement in Korea, 1953-1955 82. Common Objectives With Respect to Korea: Joint Statement Issued at Seoul by the Assistant Secretary of State for Far Eastern Af- fairs and the President of the Republic of Korea, July 11, 1953 2673-2674 83. Understanding Respecting a Political Conference on Korea: State- ment by the Secretary of State at a News Conference, July 28, 1953. . 2674 84. Post-Armistice United States-Korean Policy: Joint Statement Issued at Seoul by the Secretary of State and the President of the Re- public of Korea, August 8, 1953. 2674-2676 85. Convening of a Political Conference on Korea: Resolution 713 V17676-2678 · 2676-2678 86. Composition of and Arrangements for a Political Conference on Korea: Proposals Submitted by the Deputy to the Secretary of State at the Conference Preparatory Talks at Panmunjom, December2848–268 87. Breakdown of the Korean Political Conference Preparatory Talks: Address by the Deputy to the Secretary of State, December 21, 1953. . 2680-2684 88. Resolution on the Holding of a Far Eastern Conference Agreed to by the Foreign Ministers of the United States, the United Kingdom, France, and the Soviet Union at the Berlin Foreign Ministers Conference, February 18, 1954 2685 89. Establishment of a United and Independent Korea: Statement by the Secretary of State at the Geneva Conference on Korea and Indochina, April 28, 1954 2685-2692 90. Sixteen-Nation Declaration on Korea Issued at the Geneva Confer- ence on Korea and Indochina, June 15, 1954 2692-2693 91. Transfer to the Republic of Korea of Administrative Control Over the Region Between the Armistice Demarcation Line and the 38th Parallel: Resolution of the United Nations Commission for the Unification and Rehabilitation of Korea, August 9, 1954 . . 2694–2695 LII CONTENTS; Page 92. Results of the Korean Phase of the Geneva Conference on Korea and Indochina: Letter, Report, and Annex From Certain Members of the United Nations to the U.N. Secretary-General, November 11, 1954. · 2695–2701 93. Approval of Report on the Korean Phase of the Geneva Conference on Korea and Indochina: Resolution 811 (IX) of the United Nations General Assembly, December 11, 1954 . 2701 94. Continuing Consideration of a Political Settlement in Korea: Resolu- tion 910A (X) of the United Nations General Assembly, Novem- ber 29, 1955 . 2702 H. The Prisoner of War Problem Following the Armistice, 1953–1955 95. Possible Communist Detention of Korean War Prisoners: Statement by the Department of State, August 8, 1953 . 2703 96. Authority for Release of Non-Repatriate Prisoners of War: State- ment by the Secretary of State, November 17, 1953 . 2703–2704 97. Authority for Release of Non-Repatriate Prisoners of War: State- ment by the Commander-in-Chief, United Nations Command, December 23, 1953 . 2704-2705 98. Authority for Release of Non-Repatriate Prisoners of War: Letter From the Commander-in-Chief, United Nations Command, to the Chairman of the Neutral Nations Repatriation Commission, January 16, 1954 . 2705-2707 99. Reports of United States Prisoners of War Held in Soviet Custody: Note From the American Embassy at Moscow to the Soviet Ministry of Foreign Affairs, May 5, 1954 . 2707 100. Accounting for Missing United Nations Personnel: Statement by the Senior United Nations Representative on the Military Armistice Commission, August 17, 1954... ... 2708-2709 101. Protest of Imprisonment of United States Prisoners of War by the Chinese Communists: Note From the United States Govern- ment to the Chinese. Communist Authorities (Transmitted by the British Embassy at Peiping), November 26, 1954 . 2709–2710 102. Communist Detention of United Nations Personnel: Letter and Explanatory Memorandum From the United States Representa- tive at the United Nations to the U.N. Secretary-General, December 4, 1954 , 2710-2711 103. Communist Detention of United Nations Personnel: Resolution 906 (IX) of the United Nations General Assembly, December 10, 1954 . 2711-2712 104. Communist Detention of United Nations Personnel: Statement by the Department of State, January 19, 1955 . 2712-2713 105. Communist Detention of United Nations Personnel: Statement by the Department of State, January 21, 1955 . 2713 106. Negotiations for Release of United Nations Personnel Detained by the Communists: Report of the U.N. Secretary-General, Sep- tember 9, 1955. 2713-2714 3:,", 1. Operation of the Korean Armistice Machinery, 1958–1955 107. Communist Obstruction of Inspection Activities in Korea: Letter From the Senior United Nations Representative on the Military Armistice Commission to the Neutral Nations Supervisory Commission, April 15, 1954 2715–2718 CONTENTS LIII Pago 108. Request for Investigation of Violations of the Korean Armistice Agreement: Letter From the Representative of the United Nations Command on the Military Armistice Commission to the Neutral Nations Supervisory Commission, February 21, 1955 2718-2719 109. Termination of the Activities of the Neutral Nations Supervisory Commission: Aide-Mémoire From the Department of State to the Swedish Embassy at Washington, March 2, 1955 • 2719–2720 110. Communist Violations of the Korean Armistice Agreement: State- ment by the Senior United Nations Command Representative on the Military Armistice Commission, July 5, 1955 2720-2728 J. Relations Between the United States and the Republic of Korea Respecting Political, Economic, and Military Matters, 1953-1955 111. United States Policy in Korea: Letter From the President of the United States to the President of the Republic of Korea, June 6, 1953 2729-2731 112. Summary of a Report of the President's Special Representative for Korean Economic Affairs, June 15, 1953 (Excerpt) .. 2731-2732 113. Reduction of United States Forces in Korea: Statement by the President, December 26, 1953. 2733 114. Exchange of Views With Respect to Korean Developments: Joint Statement Issued at Washington by the President of the United States and the President of the Republic of Korea, July 30, 1954 2733-2734 115. United States-Korean Cooperation: Agreed Minute Between the United States and the Republic of Korea, November 17, 1954. 2734–2736 116. Termination of Combatant Activities in the Area of Korea as of February 1, 1955: Executive Order No. 10585, January 1, 1955 2736 117. Economic and Military Discussions: Joint Communiqué Issued at Washington by the Governments of the United States and the Republic of Korea, August 15, 1955 2736-2737 118. Monetary Stabilization: Amendment to Appendix A of Agreed Minute of November 14, 1954, Between the United States and the Republic of Korea, August 15, 1955. 2737-2738 PART XVI. DISARMAMENT AND THE CONTROL OF ATOMIC ENERGY A. The Problem of Conventional Armaments, 1950 1. Basic Principles of International Safeguards: Paper Submitted by the United States Delegation to the Working Committee of the United Nations Commission for Conventional Armaments, May 13, 1950. 2739-2741 2. Proposed Conventional Armaments Administration: Paper Submitted by the United States Delegation to the Working Committee of the United Nations Commission for Conventional Armaments, June 22, 1950. 2742-2745 B. Consolidation of the Approach to Disarmament, 1951-1952 3. Proposed Commission for the Control of All Armaments and Armed Forces: Working Paper Submitted by the United States Delegation to the United Nations Committee of Twelve, May 17, 1951 · 2745–2747 LIV CONTENTS Page 4. Establishment of the United Nations Disarmament Commission: Res- olution 502 (VI) of the United Nations General Assembly, Jan- uary 11, 1952 . 2748-2750 C. Work of the United Nations Disarmament Commission, 1952-1953 5. Disclosure, Verification, and Inspection of Armaments:-Proposal Sub- mitted by the United States Delegation to the United Nations Disarmament Commission, April 5, 1952 . . 2750-2759 6. Essential Principles of a Disarmament Program: Proposal Submitted by the United States Delegation to the United Nations Disarma- ment Commission, April 24, 1952 . 2759-2760 7. Numerical Limitation of Armed Forces: Working Paper Submitted by the Delegations of the United States, the United Kingdom, and France to the United Nations Disarmament Commission, May 28, 1952. 2760-2764 8. First Report of the United Nations Disarmament Commission, May 29, 1952. 2764-2765 9. Numerical Limitation of Armed Forces: Supplementary Working Paper Submitted by the Delegations of the United States, the United Kingdom, and France to the United Nations Disarmament Com- mission, August 12, 1952 . 2765-2767 10. Elimination of Bacterial Weapons: Working Paper Submitted by the United States Delegation to the United Nations Disarmament Commission, September 4, 1952 . 2767-2768 11. Regulation, Limitation, and Balanced Reduction of All Armed Forces and All Armaments: Resolution 704 (VII) of the United Nations General Assembly, April 8, 1953 . 2768-2769 12. United States Efforts Toward Disarmament: Report to the President by the Deputy United States Representative on the United Nations Disarmament Commission, January 12, 1953. . 2769-2793 13. New Impetus for Disarmament: Address by the President of the United States, April 16, 1953 (Excerpt) 2794 14. Endorsement of the President's Disarmament Proposals: Resolution of the United States Senate, July 29, 1953 . .. 2794-2795 15. Third Report of the United Nations Disarmament Commission, August 20, 1953. 16. Regulation, Limitation, and Balanced Reduction of All Armed Forces and All Armaments: Resolution 715 (VIII) of the United Nations General Assembly, November 28, 1953 . 2796-2798 D. Atoms for Peace, 1953 17. Atoms for Peace: Address by the President of the United States Before the United Nations General Assembly, December 8, 1953 . 2798-2805 E. Negotiations for the Establishment of a United Nations Disarmament and Atomic Development Authority, 1964 18. Proposed International Atomic Energy Agency: Memorandum From the Secretary of State to the Soviet Ambassador at Washington, March 19, 1954 , 2805-2808 19. Establishment of the United Nations Disarmament Commission Sub- committee: Resolution of the United Nations Disarmament Com- mission, April 19, 1954 . 2796 7.2.1, ...wymiana maneno mentionner 2809 CONTENTS LV Page 20. Purpose of the International Atomic Energy Agency: Note Submitted by the Secretary of State to the Soviet Minister for Foreign Affairs at the Geneva Conference on Korea and Indochina, May 1, 1954.. 2809-2810 21. Proposed United Nations Disarmament and Atomic Development Authority: Working Paper Submitted by the United States Dele- gation to the United Nations Disarmament Commission Sub- committee, May 25, 1954 . . 2810–2817 22. Basis for an Effective Disarmament Plan: Memorandum From the Department of State to the Soviet Embassy at Washington, July 9, 1954 . 2818-2821 23. Fourth Report of the United Nations Disarmament Commission, July 29, 1954. 2821-2823 . P. Efforts Toward the Peaceful Application of Atomic Energy and Toward the Establishment of an International Control Agency, 1954-1955 24. Proposed International Atomic Energy Agency and International Con- ference on the Peaceful Uses of Atomic Energy: Resolution 810 (IX) of the United Nations General Assembly, December 4, 1954. . 2823–2824 25. Plans for United States Participation in the International Conference on the Peaceful Uses of Atomic Energy: Joint Announcement by the Department of State and the United States Atomic Energy Commission, February 23, 1955 . 2825-2826 26. Report on the International Conference on the Peaceful Uses of Atomic Energy: Address by the Chairman of the United States Atomic Energy Commission, September 28, 1955 . . 2826–2832 27. Summary of Atomic Energy Negotiations: Report to the President by the United States Representative for International Atomic Energy Negotiations, November 30, 1955 (Excerpt) 2832-2837 28. Additional International Conferences on the Peaceful Uses of Atomic Energy and Continued Negotiations for an International Atomic Energy Agency: Resolution 912 (X) of the United Nations Gen- eral Assembly, December 3, 1955 . 2837-2839 29. Effects of Ionizing Radiation: Resolution 913 (X) of the United Nations General Assembly, December 3, 1955 . 2840–2841 G. Consideration of Methods of Disarmament Inspection, 1955 30. Aerial Inspection of Military Installations: Proposal by the President of the United States at the Geneva Conference of Heads of Gov- ernment, July 21, 1955 . .. 2841-2843 31. System of Inspection: Letter From the President of the United States to the Chairman of the Council of Ministers of the Soviet Union, October 11, 1955 . 2844 32. Further Study of the Problem of Disarmament: Proposal Submitted by the Governments of the United States, the United Kingdom, and France at the Geneva Meeting of Foreign Ministers, Novem- ber 10, 1955 . 2844-2846 33. Reciprocal Inspection and Supervision: Statement by the Secretary of State at the Geneva Meeting of Foreign Ministers, November 11, 1955.. 2846-2850 34. Proposal for Conclusion of an International Convention (Treaty) on the Reduction of Armaments and the Prohibition of Atomic, Hydrogen, and Other Weapons of Mass Destruction: Resolution 914 (X) of the United Nations General Assembly, December 16, 1955. 2851-2853 LVI CONTENTS H. Sharing of United States Atomic Energy Information, 1954–1955 Page 35. Revision of the Atomic Energy Act of 1946: Message From the Presi- dent to the Congress, February 17, 1954 . 2853-2860 36. Stable Isotopes Available for Foreign Distribution: Statement Issued to the Press by the United States Atomic Energy Commission, July 1, 1954, 2860–2861 37. Atomic Energy Act of 1954: Public Law 703 (83d Congress, 2d Session), August 30, 1954 (Excerpts) 2861-2877 38. Atomic Information for Mutual Defense: Agreement Between the Governments of the United States and the United Kingdom, June 15, 1955 . 2877–2880 39. Atomic Information for Mutual Defense: Agreement Between the United States and the Other Parties to the North Atlantic Treaty, June 22, 1955 . 2880-2883 40. Civil Uses of Atomic Energy: Agreement Between the Governments of the United States and the Turkish Republic, June 10, 1955. 2883–2887 PART XVII. FOREIGN ECONOMIC POLICIES-TRADE AND TARIFFS 2893 [Report to the President by His Special Assistant on Foreign Economic Policies (Gray Report), November 10, 1950). 2888 [Report to the President by the International Development Advisory Board (Rockefeller Report), March 7, 1951] . 2888 1. Trade Agreements Extension Act of 1951: Public Law 50(82d Congress, 1st Session), June 16, 1951 . 2888-2892 [Report of the President's Materials Policy Commission (Paley Report), June 1952] . (Report to the President by the Public Advisory Board for Mutual Security (Bell Report), February 24, 1953) 2893 2. Trade Agreements Extension Act of 1953: Public Law 215 (83d Con- gress, 1st Session), August 7, 1953 2893–2898 (Customs Simplification Act of 1953: Public Law 243 (83d Congress, 1st Session), August 8, 1953] . 2898 3. Report by the Commission on Foreign Economic Policy (Randall Report), January 23, 1954 (Excerpts) 2898–2930 4. Recommendations Concerning United States Foreign Economic Policy: Message by the President to the Congress, March 30, 1954 · 2930–2940 5. Agricultural Trade Development and Assistance. Act of 1954, as Amended in 1955: Public Law 480 (83d Congress, 2d Session), July 10, 1954; Amended by Public Laws 25 and 387 (84th Congress, 1st Session), April 25 and August 12, 1955 . 2941-2947 6. Foreign Economic Policy: Message by the President to the Congress, January 10, 1955. 2948-2953 7. General Agreement on Tariffs and Trade (GATT): Text of October 30, 1947, ss Amended at the Ninth Session of the Contracting Parties, March 10, 1955 2953-3013 8. Organization for Trade Cooperation (OTC): Agreement Between the Contracting Parties to the General Agreement on Tariffs and Trade, March 10, 1955 3014-3021 9. Trade Agreements Extension Act of 1955: Public Law 86 (84th Congress, 1st Session), June 21, 1955 . 10. Foreign Economic Policy: Recommendations of the Joint Congressional Committee on the Economic Report, January 5, 1956 3027-3029 (): 3022-3026 CONTÈNTS : LVII PART XVIII. FOREIGN AID=ECONOMIC, MILITARY, TECHNOLOGICAL A. The Lend-Lease Program, 1941-1955 Puge : 1. Status of Settlements Under the Lend-Lease Program: Report to Congress on Lend-Lease Operations for the Year Ending December 31, 1955... 3030-3037 B. The Mutual Defense Assistance Program, 1949–1951 2. Administering Authority Under the Mutual Defense Assistance Act of 1949: Executive Order No. 10099, January 27, 1950.. 3038-3039 3. Act To Amend the Mutual Defense Assistance Act of 1949: Public Law 621 (81st Congress, 2d Session), July 26, 1950 (Excerpts). 3039–3042 4. Establishment of the. (Interdepartmental) International Security Affairs Committee (ISAC): Memorandum of Understanding Between the Departments of State, Treasury, Defense, and the Economic Cooperation Administration, Approved by the President, December 19, 1950. 3043-3045 5. Establishment of the Office of International Security Affairs in the Department of State: Departmental Announcement 248, Decem- ber 27, 1950. . 3045-3047 C. Establishing the Machinery of the Point Four Program, 1950 6. Act for International Development (Title IV, Foreign Economic Assistance Act of 1950): Public Law 535 (81st Congress, 2d Ses- sion), June 5, 1950. 3047-3054 7. Administering Authority Under the Act for International Development: Executive Order No. 10159, September 8, 1950 . 3055 8. Establishment of the Technical Cooperation Administration in the Department of State: Departmental Announcement 212, October 27, 1950. 3055-3058 D. The Mutual Security Program, 1951-1953 9. Mutual Security. Act of 1951, as Amended by the Mutual Security Acts of 1952 and 1953: Public Law 165 (82d Congress, 1st Session), October 10, 1951; Amended by Public Law 400 (82d Congress, 28 Session), June 20, 1952, and Public Law 118 (83d Congress, 1st Session), July 16, 1953 (Excerpts). 3059-3086 10. Administering Authority Under the Mutual Security Act of 1951: Executive Order No. 10300, November 1, 1951.. 3086-3088 11. Coordination of Foreign Aid Programs at the Diplomatic Mission Level: Executive Order No. 10338, April 4, 1952 . 3088-3090 12. Establishment of the Foreign Operations Administration: Reorganiza tion Plan No. 7 of 1953, June 1, 1953 . 3090–3093 13. Administration of Certain Elements of the Mutual Security Program: Executive Order No. 10458, June 1, 1953 . 3093-3095 14. Revised Administering Authority Under the Mutual Security Act of 1951, as Amended: Executive Order No. 10476, August 1, 1953, 3095-3101 E. Mutual Defense Assistance Control Program, 1951-1955 15. Mutual Defense Assistance Control Act of 1951 (Battle Act): Public Law 213 (82d Congress, 1st Session), October 26, 1951. '. . 3101-3105 LVIII CONTENTS F. Mutual Security Program, 1954-1965 Par . 16. Mutual Security Act of 1954, as Amended by the Mutual Security Act of 1955: Public Law 665 (83d Congress, 2d Session), August 26, 1954; Amended by Public Law 138 (84th Congress, 1st Ses- sion), July 8, 1955 (Excerpts). 3105-3141 17. Development of the Technical Assistance Program: Release of the Foreign Operations Administration, 1954 (Excerpt) 3140-314 18. Revised Administering Authority Under the Mutual Security Act of 1954: Executive Order No. 10575, November 6, 1954 . 3145-315: 19. Additional Revision of Administering Authority Under the Mutual Security Act of 1954: Executive Order No. 10610, May 9, 1955. 3152–315 20. Countries Having Entered Into Arrangements for Grant Military Aid Under the Mutual Security Program: Map, December 31, 1955 3156-3157 G. Statistical Review of the Foreign Aid Programs, 1945–1955 21. Post World War II Foreign Aid Legislation Grant and Loan Funds Authorized and Appropriated for Major Foreign Aid Programs of the United States, 1946–1956: Tabular Compilation, January 27, 1956. 3151 22. United States Government Foreign Grants and Credits, Postwar Decade, July 1, 1945, Through June 30, 1955: Tabular Compila- tion by Program (Military and Others), and by Area, November 4, 1955 (Excerpt) . 3159-3161 PART XIX. INTERNATIONAL INFORMATION AND EDUCATIONAI EXCHANGE PROGRAMS 1. Organization of the United States Overseas Information and Educa- tional Exchange Functions, 1938-1953 . 3161-316 2. The Campaign of Truth: Address by the President, April 20, 1950 (Excerpt) 3163-316 3. Programs Conducted by the Department of State in 1950 To Provide a Two Way Street: Chart, June 30, 1950 3166-316 4. Establishment of the Psychological Strategy Board: Presidential Directive, June 20, 1951 . 3168-316 5. Establishment of the United States International Information Admin- istration (IIA) in the Department of State: Departmental Announcement 4, January 16, 1952. 3169-317 6. The Overt International Information and Educational Exchange Pro- grams of the United States: Article by the Assistant Secretary of State for Public Affairs, March 31, 1952 3172–318 7. Reorganization Plan No. 8 of 1953 Establishing the United States Information Agency, June 1, 1953. 3184-3181 8. Establishment of the Operations Coordinating Board: Executive Order No. 10483, September 2, 1953. 3186-318 9. Overseas Information Program: Publication of the United States Information Agency, 1955 3188-3191 10. International Educational Exchange Program: Publication of the Department of State (With Chart), March 1956 3191-3201 . CONTENTS LIX PART XX. ORGANIZATION AND SPECIAL RESPONSIBILITIES OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE . ORGANIZATION Page (Foreign Service Act of 1946: Public Law 724 (79th Congress, 2d Session), August 13, 1946). 3204 1. Implementation of the Rowe-Ramspeck-DeCourcy Committee's Rec- ommendations: Directive of the Department of State for the Im- provement of the Personnel Systems and Personnel Management of the Departmental and Foreign Services, April 16, 1951 . . 3204-3210 [Toward a Stronger Foreign Service: Report of the Secretary of State's Public Committee on Personnel (Wriston Report), May 18, 1954). 3211 2. Recommendations of the Wriston Committee: Letter From the Secre- tary of State to the Chairman of the Public Committee on Per- sonnel, June 15, 1954 . 3211-3214 3. Implementation of the of the Wriston Committee's Recommendations: Report of the Third Audit Meeting of the Public Committee on Personnel, December 13, 1955 . 3215-3122 4. Organization of the Department of State, June 1, 1956 (Chart) 3222 5. U.S. Foreign Service Posts and Department of State, Jurisdictions, June 30, 1956 (Map). 3223 PASSPORTS 6. Authority of the Secretary of State in the Issuance of Passports: State- ment by the Department of State, May 24, 1952. . 3223-3225 3-322 7. Regulations Concerning the Issuance of Passports, August2 8, 1952. 3225-3228 8. Rules of the Board of Passport Appeals, January 4, 1954 . 3228-3232 IMMIGRATION AND VISAS (Immigration and Nationality Act of 1952: Public Law 414 (82d Congress, 2d Session), June 27, 1952). . 3232 9. Presidential Proclamation Establishing Immigration Quotas, June 30, 1952. 3232 10. Refugee Relief Act of 1953, as Amended by the Act of August 31, 1954 . 3235 11. Report on the Status of the Refugee Relief Program, December 31, 1955 (Excerpt) With Chart 3244 CHARTS AND MAPS (Exclusive of those bearing document numbers) 420 484 . O Trieste Germany Austria Israel Korea. Indochina The Basic Security Treaties of the United States . Western Hemisphere Defense Area Membership of European Regional Arrangements Membership of Middle Eastern Regional Arrangements . Kashmir. 644 699 725 751 788-789 806 966 1243 2276-2777 + Part X GERMANY, AUSTRIA, AND EUROPEAN SECURITY A. RELATIONS WITH THE GERMAN FEDERAL REPUBLIC, 1950–1955 1. ALLIED POLICY TOWARD GERMANY: Declaration Issued at London by the Foreign Ministers of the United States, the United Kingdom, and France, May 14, 1950 1 1. Following the London agreements of June 1948 2 and the Wash- ington agreements of April 1949,3 the United States of America, France and the United Kingdom replaced the military authority and the direct administration of the occupied territories in force since 1945 by a civilian regime simply of supervision. By virtue of this regime Germany was able to produce a constitution, proceed to free elections, call a parliament, form a government, and elect a federal president's The Federal Government and the governments of the laender were able to take over the administration and control of internal German affairs. Furthermore, by the agreement of April 13, 1949, the Allies decided to ease the burden of reparations on Germany. Some months later under the Petersburg protocol 10 an agreement was reached for a final settlement in regard to the delivery of plant by way of reparations. In the domain of foreign relations the Petersburg protocol made provision for the appointment of German consular and commercial Department of State Bulletin, May 22, 1950, pp. 787–788. 2. See communiqué of June 7, 1948; A Decade of American Foreign Policy, pp. Agreements of Apr. 8, 1949; ibid., pp. 585-590. * The Bonn Constitution: Basic Law for the Federal Republic of Germany (Depart- ment of State publication 3526; 1949). • Elections in the German Federal Republic were held Aug. 14, 1949. The first session of the Bundestag, elected Aug. 14, was opened Sept. 7, 1949. The Bundestag elected Dr. Konrad Adenauer Federal Chancellor, Sept. 15, 8 Theodor Heuss was elected President of the Federal Republic, Sept. 12, 1949. • A Decade of American Foreign Policy, pp. 1002–1009. 10 Protocol of Nov. 22, 1949; ibid., pp. 1010–1012. (Note: The date of the protocol as printed in the Decade should read "November 22.") 1709 1 575-581. 3 1949. t 1710 AMERICAN FOREIGN POLICY, 1950–1955 1 Wita Swim representatives abroad. During the last few months steps have been taken by the Western powers to secure the accession of the Federal Republic to a number of international organizations including the Organization for European Economic Cooperation. The progress made has been accomplished in large measure thanks to the action and the influence of the three Allied High Commissioners in whom the three Foreign Ministers are happy again to express their full confidence. 2. The Allies are resolved to pursue their aim laid down in the Washington agreement of April 1949, and reaffirmed at Petersburg that Germany shall reenter progressively the community of free peoples of Europe. When that situation has been fully reached she would be liberated from controls to which she is still subject and accorded her sovereignty to the maximum extent compatible with the basis of the occupation regime. This regime is imposed on the Ger- mans and on the Allies by the consequences of the division of Germany and of the international position. Until this situation is modified it must be retained in accordance with the common interests of Germany and of Europe. 3. In view of the continued refusal of the Soviet Government to permit the inhabitants of their zone of occupation to rejoin their fellow countrymen in a democratic and united Germany, it has not been possible, and will not be as long as this Soviet policy persists, to proceed to the conclusion of a treaty of peace with Germany. The Ministers accordingly agreed to set up a study group in London to undertake the necessary preparatory work to enable the occupation statute to be reviewed at the appointed time and to make recommenda. tions for eliminating the major practical inconveniences arising in the countries concerned from the state of war, on the understanding that in the present situation of Europe supreme authority must remain in the hands of the allied powers. 4. While retaining the framework outlined above the Allies intend to give Germany the possibility of developing freely, while at the same time safeguarding the possibility of peaceful reunification of Germany, which remains the ultimate object of their policy. The three Govern, ments reaffirm the offers which were formulated during the meeting of the Council of Foreign Ministers last June, and express the hope that the necessary conditions for the establishment of a government for all Germany may be achieved which would guarantee to all Germans respect for their laws and fundamental liberties and they have agreed upon the conditions which are necessary in their opinion for this purpose. 1 An instrument of accession to the OEEC Convention of Apr. 16, 1948 (supra, pp. 992-1000) was deposited for the French Zone of Occupation of Germany, Aug. 2, 1948, and for the combined U.S.-U.K. Zones, June 15, 1948. The German Federal Republic became an associate member of the Council of Europe (see its! Statute of May 5, 1949, supra, pp. 1001-1012), July 13, 1950, and achieved full membership, Mar 2, 1951. · See communiqué of June 21, 1949; A Decade of American Foreign Policy pp. 110-112 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1711 The Western powers desire to see the pace of progress toward this end as rapid as possible. Progress will depend upon the degree of confident and frank cooperation displayed by the government and the people of the Federal Republic. In the first place the pace will be determined by the extent to which the Allies can be satisfied that their own security is safeguarded by the development in Germany of a desire for peace and friendly association with themselves. In the second place the pace will be set by the rate at which Germany advances toward a condition in which true democracy governs and the just liberties of the individual are assured. Therefore, the West- ern powers wish to emphasize most strongly that the natural desire of the German people to secure relaxation of controls and the restora- tion of the sovereignty of their country depends for its satisfaction only upon the efforts of the German people themselves and of their government. They earnestly trust that the Federal Republic will fulfill in this respect the hopes placed in the wisdom of her people and her leaders. Meanwhile, the High Commissioners in exercising the powers reserved to them will continue to place their main emphasis upon essential elements of security and fundamental democratic issues of real importance. 2. ALLIED POLICY TOWARD GERMANY: Communiqué Issued at Washington by the Foreign Ministers of the United States, the United Kingdom, and France, September 19, 1950 1 The Foreign Ministers have reviewed the situation in Germany and Allied relations with the Federal Republic, in the light of develop- ments since their last meeting in London in May 1950.2 They have taken into account in their examination the views which have been expressed on recent occasions by the Government of the Federal Republic. They and their Governments share the desire of the German people for the unification of Germany on a basis which respects the fundamental liberties. Despite their efforts to achieve this end, it will obviously not be realized so long as the Soviet Union continues to ignore proposals for democratic all-German elections, and to stage controlled elections such as the one to be held in the Soviet zone on October 15. Pending the unification of Germany, the three Governments consider the Government of the Federal Republic as the only German Government freely and legitimately constituted and therefore entitled to speak for Germany as the representative of the German people in international affairs. They reaffirm their desire, of which they have already given many proofs, to integrate the Federal Republic into the community of free nations. They are convinced that the overwhelming majority of the German people want to take part in building the European Department of State Bulletin, Oct. 2, 1950, pp. 530-531. ? See the tripartite declaration of May 14, 1950; supra. 1 : : 1712 AMERICAN FOREIGN POLICY, 1950-1955 & A S a t community, and in strengthening its common civilization. It ap pears to them that the time has now come to take a new step towar the attainment of these aims. In the spirit of the new relationship which they wish to establish with the Federal Republic, the three Governments have decided as soon as action can be taken in all three countries in accordana with their respective constitutional requirements, to take the neces sary steps in their domestic legislation to terminate the state of wa with Germany." This action will not affect the rights and status of the three power in Germany, which rest upon other bases. It will, however, create firmer foundation for the developing structure of peaceful and friend relationships and will remove disabilities to which German national are subject. It is hoped that other nations will find it possible ti take similar action in accordance with their own constitutioni practices. The three Ministers have given serious consideration to the prob lem of the security of the Federal Republic in both its external and it internal aspects. They recognize the fact that outright militar units have been created in the Soviet zone of occupation ? and thi fact together with recent events in Germany and elsewhere har given rise toa situation of great concern. The Allied Governments consider that their forces in German have in addition to their occupation duties also the important rol of acting as security forces for the protection and defense of th free world, including the German Federal Republic and the Westen sectors of Berlin. To make this protection more effective the Allie Governments will increase and reinforce their forces in Germany They will treat any attack against the Federal Republic or Berli from any quarter as an attack upon themselves. The Ministers are fully agreed that the re-creation of a Germa national army would not serve the best interests of Germany a Europe. They also believe that this is the view of the great majorit of the German people. 1 The Ministers have taken note however of sentiments recently expressed in Germany and elsewhere in favor of German participatio in an integrated force for the defense of European freedom. Tb t questions raised by the problem of the participation of the Germa Federal Republic in the common defense of Europe are at present the subject of study and exchange of views. As regards internal security, the Foreign Ministers recognize th necessity for insuring that the German authorities are enabled el 1 fectively to deal with possible subversive activities. To this end the Foreign Ministers have agreed to permit the establishment ! mobile police formations organized on a Land basis but with prov i sions which would enable the Federal Government to have adequat powers to make effective use of all or part of this force in order full to meet the exigencies of the present situation. The High Commi 5 I € € t t I S 8 1 See infra, doc. 9. 2 See infra, pp. 1737-1739. ( GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1713 1 T (Department of State publication 3556; 1950), pp. 324-326. . See infra, 1740-1742. sion and the Allied Forces in Germany will render such assistance es may be feasible in the rapid establishment of this force. The new phase in the relations between the Allies and the Federal Republic will be marked by major extensions of the authority of the Federal Government. To make this possible, the occupying powers are prepared to amend the Occupation Statute 1 while maintaining the legal basis of the occupation, and the Federal Republic will be expected to undertake certain commitments and other actions con- sonant with its new responsibilities. In the field of foreign affairs, the Federal Government will be authorized to establish a Ministry of Foreign Affairs and to enter into diplomatic relations with foreign countries in all suitable cases. In other fields, and particularly in relation to internal economic matters, far-reaching reductions will be made in existing controls, and the present system of review of German legislation will be modified. In certain cases, the Allied powers will cease as soon as the Federal Government has given undertakings or taken suitable action. The High Commission will promptly begin discussions with the Federal I Government to work out the necessary agreements for such under- takings. The Foreign Ministers have also agreed that a review of the pro- hibited and limited industries agreement ? shall be undertaken in the light of the developing relationships with the Federal Republic. Pending this review the High Commission has been instructed to c) remove forthwith all restrictions on the size, speed, and number of I commercial cargo ships built for export and to allow steel to be produced outside the present limitation where this will facilitate the defense effort of the west. The three Governments pay tribute to the continued steadfastness of the people of Berlin in the valiant struggle of the city to preserve & its freedom. They will continue to oppose aggression in any form against the people of the city, and are taking steps to strengthen It Allied forces there. In view of the heavy price Berlin has had to pay to defend its freedom, the Governments will continue their efforts to alleviate its economic situation. They have directed the High Commission to review the statement of principles governing the relationship between the Allied Kommandatura and Berlin, and to liberalize Allied controls in the city to the maximum extent el practicable. . These decisions mark an important stage in the normalization of th the relations and should contribute toward the creation of an atmos- 4 phere of mutual confidence and understanding. They represent a né major advance toward the progressive return of Germany to partner- ship in Western Europe and the consolidation of the western nations or in their efforts to establish a firm basis for the future peace of Europe Occupation Statute, Apr. 8, 1949; A Decade of American Foreign Policy, pp. Agreement of Apr. 13, 1949; ibid., pp. 1002-1009. Statement of May 14, 1949; Germany, 1947–1949: The Story in Documents el and the world. 1 586-588. 415900_57_-Vol. 25 1714 AMERICAN FOREIGN POLICY, 1950-1955 3. REVISION OF THE CHARTER OF THE ALLIED HIGH COM. MISSION FOR GERMANY: Agreement Between the United States, the United Kingdom, and France, March 6, 1951 1 The following modifications are hereby made to the Charter of the Allied High Commission for Germany signed in Paris on the 20th day. of June 1949,2 which, as modified by this Instrument, continues in force: 1. Article I, paragraph 3, is amended to read as follows:- “(a) The stationing within Germany of forces of the three Occupy. ing Powers outside of their respective zones of occupation will be as agreed between appropriate High Commissioners and the respective Commanders-in-Chief. The forces of any other Allied Nation participating in the defence of Western Europe and deployed within Germany for that purpose may be sta- tioned in such areas of a zone of occupation as are agreed by the High Commissioner and the Commander-in-Chief of the zone of occupation concerned. (6) Command of the forces of the three Occupying Powers is vested in their respective Commanders-in-Chief, regardless of their location within the three zones of occupation. If, however, operational control of all or part of any of the forces of one Occupying Power located in the zone of occupation of one of the other two Occupying Powers becomes necessary, such operational control, together with necessary administrative arrangements, will be mutually agreed between the High Com- missioners and the Commanders-in-Chief in the zones of occupation concerned. (c) Control of the related military establishments and services of the three Occupying Powers is vested in their respective Com- manders-in-Chief regardless of their location within the three zones of occupation. Administrative arrangements for forces of one Occupying Power when located in the zone of occupation of one of the other two Occupying Powers will be as mutually agreed between the High Commissioners and Commanders- in-Chief of the two Occupying Powers concerned. (d) Command and administrative arrangements of the forces of any Allied Nation other than the three Occupying Powers sta- tioned within Germany will be a matter for governmental agreement between such Nation and the Occupying Power concerned. (e) Existing agreements which have been concluded between two or all of the three Occupying Powers will not be altered by the foregoing without the mutual agreement of the High Com- missioners and Commanders-in-Chief in the zones of occupa- tion concerned." 1 TIAS 2235 (2 UST 825); entered into force Mar. 7, 1951. See also Department of State Bulletin, Mar. 19, 1951, pp. 443-447. 2 A Decade of American Foreign Policy, pp. 603-609. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1715 : 2. Article I, paragraph 4 is deleted. 3. Article II, paragraph 1 is amended to read as follows:- "The High Commission shall exercise control over the Federal Government and the Governments of its constituent Länder, as provided in the Occupation Statute. In the exercise of the powers reserved to the Occupation Authorities under said Statute, the High Commission shall reach its decisions in accordance with the provi- sions of Annex A hereof. These decisions shall constitute a joint exercise of the authority of all the three High Commissioners.' 4. Article II, paragraph 3 is amended to read as follows:- "The Headquarters of the High Commission shall be at the seat of the German Federal Government. The area defined as the Bonn Enclave will continue to constitute a special area directly under the administration of the High Commission and excluded from any individual zone of occupation.' 5. Article III, paragraph 1.-The introductory sentence is amended to read as follows:- "The central organisation of the High Commission shall be tri- partite in character and shall consist of: [&c.).” 6. Article III, paragraph 1 (6) is amended to read as follows:- "such committees, including the Military Security Board, and such sub-committees and subordinate groups, with such member- ship and sucb terms of reference, as the Council may from time to time approve;" 7. Article III, paragraph 2.—The final sentence is amended to read as follows: “Decisions of the Council shall be reached in accordance with Annex A." 8. Article III, paragraph 3 and paragraph 4 are deleted. 9. Article IV, paragraph 3 (a) is amended to read as follows:- "recommending repeal or annulment of legislation enacted by the Land Government where he considers such action appropriate under paragraph 5 of the Occupation Statute;"> 10. Article IV, paragraph 3 (6) is amended to read as follows: "ensuring due compliance on the part of the Land Government with the Occupation Statute and with legislation and decisions of the Occupation Authorities thereunder;" 11. Article V, paragraph 3 is amended to read as follows: "Each High Commissioner shall be individually responsible to the Council for the formulation annually, in accordance with tripartite policies and criteria, of his budget of occupation costs and other requirements. Such budget shall be formulated and submitted to the Council, on a date to be determined by it, for consideration and approval by the Council and for consolidation in a total budget of the Occupation, Authorities for transmission to the Federal Govern- ment. Each High Commissioner shall be responsible to the Coun- WWW. 1716 AMERICAN FOREIGN POLICY, 1950–1955 cil for control of his approved budget in accordance with accounting standards and procedures established by the Council.” 12. Article VIII is amended to read as follows: "Foreign diplomatic representatives accredited to the Federal Government, together with any foreign representatives accredited to the Allied High Commission, shall have access to the latter by procedures determined by the Council." 13. Article IX is deleted. 14. In the Charter of the Allied High Commission for Germany as revised by this Instrument, the expression "Occupation Statute" shall; where the context requires, mean the Occupation Statute as from time to time modified by the Council of the Allied High Com. mission. 15. The "Agreement as to Tripartite Controls” among the Three Powers dated 8th April, 1949,1 previously attached to and made part of the Charter as Annex A, is terminated. In the Charter as revised by this Instrument of Revision the ex- pression "Annex A" shall mean the Annex A attached to this Instru- ment of Revision. In witness whereof the foregoing agreement has been duly executed by the respective representatives thereunto duly authorised of the Governments of the Republic of France, the United Kingdom of Great Britain and Northern Ireland and the United States of Americs in triplicate in the French and English languages, each text being equally authentic, and shall come into effect on the 7th day of March, 1951. Done in London on the 6th day of March, 1951. ANNEX A 1. In the exercise of the powers reserved to the Occupation Authori ties to approve amendments to the Basic Law, the decisions of the Allied High Commission shall require unanimous agreement. 2. In cases in which the exercise of, or failure to exercise, the power reserved under paragraph 2 (9) of the Occupation Statute would in crease the need for assistance from United States Government appro priated funds, there shall be a system of weighted voting. Under suc system tbe representatives of the Occupation Authorities will have voting strength proportionate to the funds made available to Germany by their respective Governments. No action taken hereunder shal be contrary to any intergovernmental agreement among the signa tories or to the principles of non-discrimination. 3. On all other matters action shall be by majority vote. It i understood that agreements between the Governments of the three Occupying Powers relating to any of the subjects listed in paragraph 1 For the full text of this agreement, see A Decade of American Foreign Policy pp. 588-590 (where it is entitled "Trizone Fusion Agreement for Western Ger many"). GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1717 2 (a) and (b) of the Occupation Statute may not be modified by a majority decision of the Allied High Commission. 4. If a High Commissioner considers that a decision taken by a majority vote conflicts with an intergovernmental agreement which relates to any of the subjects listed in paragraph 2 (a) and (b) of the Occupation Statute, or with basic tripartite policy, he may appeal to his Government. Such appeal shall serve to suspend action for a period of thirty days and for such further period of suspension as any two of the Governments agree. If such appeal is from a decision of the Allied High Commission to repeal or annul German legislation, the repeal or annulment shall not become effective until the expiry of the appeal period. 4. REVISION OF THE OCCUPATION STATUTE: Proclamation by the Allied High Commission, March 6, 1951 1 : The Council of the Allied High Commission hereby promulgates the following modifications of the Occupation Statute which except as modified by this Instrument continues in force: I. In paragraph 2 (b), after the words "nondiscrimination in trade matters," insert the following: to the extent required for the purposes of paragraph (g) (2) below: II. Paragraph 2 (c) is amended to read as follows: (c) foreign affairs, including international agreements made by or on behalf of Germany; but the powers reserved in this field will be exercised so as to permit the Federal Republic to conduct relations with foreign countries to the full extent compatible with the requirements of security, other reserved powers, and obliga- tions of the Occupying Powers relating to Germany. III. Paragraph 2 (g) is amended to read as follows: (8) control over foreign trade and exchange to the extent necessary: (1) to meet the needs of security; (2) to ensure the observance by the Federal Republic of the principles of the General Agreement on Tariffs and Prade, until the Federal Republic has become a party to the Agreement and assumed the obligations thereunder; (3) to ensure the observance by the Federal Republic of the principles and practices of the International Monetary Fund Agreement and to control its exchange rate, until the Federal Republic has become a member of the Fund and assumed satisfactory obligations thereunder with respect to its exchange rate; (4) to provide for orderly settlement of claims against Germany. IV. Paragraph 2 (h) is deleted. V. Paragraph 5 is amended to read as follows: (a) Any amendment of the basic law will require the express approval of the occupation authorities before becoming effective. Any agreement made between the Federal Republic and a foreign government will become effective 21 days Department of State Bulletin, Mar. 19, 1951, pp. 447-448; effective Mar. 7, 1951. For the text of the Occupation Statute of Apr. 8, 1949, see A Decade of American Foreign Policy, pp. 586-588. Agreement of Oct. 30, 1947 (TIAS 1700; 61 Stat., pts. 5 and 6). See also infra, pp. 2953-3013. , 1718 AMERICAN FOREIGN POLICY, 1950-1955 after its official receipt by the occupation authorities unless previously disapproved by them, provisionally or finally. Land constitutions, amendments thereof, and all other federal or land legislation will be effective without review by the occupa tion authorities but will be subject to repeal or annulment by them. (b) The occupation authorities will not disapprove any agreement between the Federal Republic and a friendly country or repeal or annul legislation unless in their opinion it is inconsistent with the provisions of the Occupation Statute a revised or with legislation or other measures of the occupation authorities, or constitutes & grave threat to the basic purposes of the Occupation. VI. Paragraph 7 is amended to read as follows: (a) Insofar as it is based upon reserved powers, occupation legislation will remain in force until repealed or amended by the occupation authorities. (b) All other occupation legislation will remain in force until repealed by the occupation authorities at the request of the appropriate German authorities, or repealed or amended by the German authorities upon authorization by the t occupation authorities. VII. This Instrument shall become effective March 7, 1951. C t 5. REVISION OF OCCUPATION CONTROLS: Decision No. 10 d the Allied High Commission, March 6, 1951 1 In implementation of the decisions taken by the Foreign Minister 6 of the United States, the United Kingdom and France at their Ner York Meeting on 18 September, 1950,2 the Council of the Alliel High Commission, having this day promulgated the "First Instrument of Revision of the Occupation Statute," } has decided to adopt th following program for further relaxation of controls under thic Occupation Statute: 1. The powers reserved by paragraph 2 (b) relating to decor centration will be exercised only to ensure completion of allied pro grams relating to the steel, coal and motion picture industries, 1. G F Farben and the Grossbanken and actions which, as of December 31 so 1950, are called for under laws adopted by the Allied High Com mission or have been initiated through legal process n unde existing laws. Upon completion of such programs and actions thes powers will be relinquished. 2. (a) The powers reserved by paragraph 2 (b) relating to de cartelization will be relinquished upon the enactment by the Feder Republic of legislation satisfactory to the occupation authoritie be including provisions to prevent new concentrations of economi power. di (b) The powers reserved by paragraph 2 (d) relating to displace F de persons and the admission of refugees will be relinquished as soon commitments and other action satisfactory to the occupation St thorities have been taken by the Federal Government with respe, 19 to Department of State Bulletin, Mar. 19, 1951, p. 448; effective Mar. 1951. See tripartite communiqué of Sept. 19, 1950; supra, doc. 2. M: Supra. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1719 to the admission, care, and protection of displaced persons and refu- gees, including safeguarding their civil rights, assuring the continued and effective operation of International and allied agencies established for their care and resettlement, and compensating victims of Nazi persecution. (c) The powers reserved by paragraph 2 (f) relating to respect for the basic law and the land constitutions will be relinquished as soon as the Federal Republic has established a judicial authority deemed by the occupation authorities to be capable of effectively upholding the civil rights of the individual as defined in the basic law. 3. The occupation authorities will retain the powers necessary to ensure that the Federal Government carries out commitments under- taken and legislation enacted pursuant to paragraph 2 above and that the essential features of such legislation are maintained. 4. The Council of the Allied High Commission will issue further instruments of revision of the Occupation Statute from time to time as the conditions prescribed by this decision for the relinquishment of powers are fulfilled. 5. This decision shall become effective on March 7, 1951. 1 6. COMPETENCE OF THE FEDERAL GOVERNMENT IN FOR- EIGN AFFAIRS: Decision No. 11 of the Allied High Commission, March 6, 1951 1 1 In exercise of the powers reserved by paragraph 2 (c) of the Oc- cupation Statute 2 as amended by the first instrument of revision, 3 the Council of the Allied High Commission decides as follows: Article I The Federal Government is hereby authorized to establish a Ministry of Foreign Affairs and shall have exclusive responsibility for the choice of the per- sonnel of its diplomatic, consular and trade missions. Article II The Federal Government may conduct relations with foreign countries subject to the provisions of this decision. Article III 1. The establishment of diplomatic or consular relations or trade missions shall be subject to the prior approval of the Allied High Commission. 2. The Federal Government may, however, establish without such approval diplomatic missions in those countries, other than the United States of America, France and the United Kingdom, in which prior to the effective date of this decision it has been authorized to establish consular offices. Department of State Bulletin, Mar. 19, 1951, pp. 448–449; effective Mar. 7, Statute of Apr. 8, 1949; A Decade of American Foreign Policy, pp. 586–588. 3 Supra, doc. 4. * The Ministry of Foreign Affairs of the Federal Republic was established 1 1951. Mar. 15, 1951. 1720 AMERICAN FOREIGN POLICY, 1950–1955 3. No prior approval will be required for the establishment of consular office or trade missions in those countries with which the Federal Government hi diplomatic or consular relations, Article IV The Federal Government is hereby authorized to appoint official agents the capitals of the United States of America, France and the United Kingdom. Article v The accreditation and status of foreign missions in the Territory of the Federa Republic will be governed by the following provisions. (i) Diplomatic missions and consular offices established in the Territory the Federal Republic will normally be accredited to and recognized by the Feden Republic. In exceptional circumstances they may be accredited to or recognize by the Allied High Commission. In no case will there be a dual accreditation missions to the Allied High Commission and to the Federal Republic or the issu of exequaturs to consuls by both the Federal Government and the Allied Hig (ii) The accreditation of foreign missions to the Federal Government shall notified to the Allied High Commission and they will thereafter have access it in all matters relating to the fields reserved to the occupation authorities. Article VI The Federal and Land Governments shall keep the Allied High Commissio informed of any international negotiations. The Allied High Commission ms intervene in negotiations relating to the fields reserved to the occupatio authorities. Article VII th, LZV.Tutina The Federal Government shall furnish to the Allied High Commission appropriate information regarding action taken pursuant to the provisions this decision. Article VIII 4** This decision shall become effective on March 7, 1951. 7. INCLUSION OF GERMANY IN THE EUROPEAN COMM NITY: Declaration Issued at Washington by the Foreign Ministe of the United States, the United Kingdom, and France, Septemb 14, 1951 1 The three Foreign Ministers declare that their Governments su at the inclusion of democratic Germany, on a basis of equality in & Continental European Community, which itself will form part of a constantly developing Atlantic Community. The three Ministers recognize that the initiative taken by French Government concerning the creation of a European Co and Steel Community and a European defense community is major step towards European unity. They welcome the Schum Plan as a means of strengthening the economy of Western Euro and look forward to its early realization. They also welcome t 1 Department of State Bulletin, Sept. 24, 1951, p. 485. ? See treaty of Apr. 18, 1951; supra, pp. 1039-1078. See treaty of May 27, 1952; supra, pp. 1107-1150. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1721 Paris Plan as a very important contribution to the effective Defense of Europe, including Germany. The participation of Germany in the common defense should naturally be attended by the replacement of the present Occupation Statute by a new relationship between the three Governments and the German Federal Republic. The Government of the United Kingdom desires to establish the closest possible association with the European continental community ut all stages in its development. The three Ministers reaffirm that this policy, which will be under- taken in concert with the other free nations, is directed to the estab- lishment and the maintenance of a durable peace founded on justice and law. Their aim is to reinforce the security and the prosperity of Europe without changing in any way the purely defensive charac- ter of the North Atlantic Treaty Organization. They reaffirm their determination that in no circumstances shall the above arrange- ments be made use of in furtherance of any aggressive action. 8. ALLIED POLICY TOWARD GERMANY: Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France, September 14, 1951 1 The Foreign Ministers of France, the United Kingdom and the United States have held meetings in Washington from September 10 through September 14. The three Foreign Ministers have met frequently in the last few years primarily because of the special and explicit responsibilities of their Governments in regard to Germany and Austria. The meetings equally offer a convenient opportunity for the three Ministers to exchange views on world developments and informally to review problems of mutual concern to their three countries. The Foreign Ministers have noted with satisfaction the results already achieved by their three countries, together with other free nations of the world, in order to insure their common security and to safeguard the peace. They again recorded the fundamental unity of the policies of their three governments in regard to the many and acute problems facing them today The Foreign Ministers have reviewed the relationship of their countries to the German Federal Republic, and have agreed on instructions to the Allied High Commission for negotiation of mu- tually acceptable agreements with the Federal Government, the effect of which will be to transform that relationship completely. As a result of the agreement reached by the three Foreign Ministers in Brussels last December, the High Commission has already ex- plored with the Federal Government the way to establish relations 1 Department of State Bulletin, Sept. 24, 1951, p. 486. Cf. the North Atlantic Council's communiqué of Dec. 19, 1950; supra, pp. 1608-1609. 1722 AMERICAN FOREIGN POLICY, 1950-1955 between the three Powers and the Federal Republic on as broad & contractual basis as possible, in the light of German participation in Western Defense. The Foreign Ministers have now instructed the High Commission to proceed to negotiations with the Federal Government, which will, it is hoped, culminate in early agreements between the four Governments to enter into effect together with the agreement for German participation in Western Defense through the proposed European Defense Community, whose forces would form part of the joint defense forces under the North Atlantic Supreme Command. The Foreign Ministers have agreed on certain general principles to guide the High Commission in its negotiations with the Federal Government. As stated in the Tripartite Declaration issued to- day' the guiding principle of their policy continues to be the in- tegration of the Federal Republic on a basis of equality within a European community itself included in a developing Atlantic Com- munity. Such integration would thus be inconsistent with the re- tention in future of an occupation status or of the power to interfere in the Federal Republic's domestic affairs. The Ministers believe that the agreements now to be reached with the Federal Government should provide the basis for its relationship to their countries until a peace settlement with a unified Germany becomes possible. The division of Germany, however, prevents the conclusion of such a settlement at this time. This division and the security problem confronting the Federal Republic obliges the Allies to retain, in the common interest, certain special rights but only in relation to the stationing of armed forces in Germany and the pro- tection of the security of those forces, as well as to questions affecting Berlin and Germany as a whole, including the eventual peace settle- ment and the peaceful reunification of Germany. The High Commission will proceed to negotiations with the Federal Government as rapidly as possible. The Ministers hope to be able to consider at an early meeting final drafts both of the agreements to be reached by the three Powers and the Federal Republic and of the agreement for the establishment of a European Defense Com- munity including Germany. The three Foreign Ministers were unanimous in stating that in the view of their Governments there is no justification for any further delay in the conclusion of a treaty for the re-establishment of a free and independent Austria. This has been the constant aim since the conclusion of hostilities. They will not desist in their efforts to bring the Soviet Government to the same view and to that end they have decided to make a new and resolute effort in the meetings of the Austrian Treaty Deputies to fulfill the long over-due pledge to the Austrian people. 4 The Italian Government has pointed out the contradiction between 1 Supra. 2 See the Bonn Conventions of May 26, 1952; S. Execs. Q and R, 82d Congo, 2d sess., pp. 9–22, 25-165. 3 See supra, pp. 1107-1150. 4 See infra, pp. 1825–1827. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1723 some provisions of the Italian peace treaty 1 and the present Italian position in the family of free nations. The Ministers studied sym- pathetically this question which will be the subject of further con- versations between the Governments. Note was taken of the necessity further to examine in collaboration with the other members of the North Atlantic Treaty Organization the most effective use of their combined resources taking full account of the social and economic as well as of the military needs of their peoples. While recognizing the gravity of the world situation, especially in the face of the continued defiance of the United Nations by the forces of aggression in Korea, the Ministers nevertheless found solid grounds for confidence in the growing strength and unity of the free world. The three Ministers on behalf of their Governments and peoples restate their fidelity to the principle contained in the United Nations Charter that international differences must be resolved by peace- ful processes and not by force or threat of force. They therefore express the hope that the forthcoming meeting of the General As- sembly of the United Nations in Paris? will afford a real opportunity for contacts and exchanges of views which the three Foreign Min- isters are, for their part, prepared fully to use. 9. TERMINATION OF THE STATE OF WAR BETWEEN THE UNITED STATES AND GERMANY: Proclamation by the Presi- dent, October 24, 1951 3 WHEREAS, by a joint resolution, approved by the President on December 11, 1941, the Congress of the United States formally declared a state of war to exist between the United States and the Government of Germany (55 Stat. 796); and WHEREAS on December 31, 1946, the President proclaimed the cessation of hostilities of World War II; * and WHEREAS it has been and continues to be the policy of the United States to bring about the conclusion of a treaty of peace with the government of a united and free Germany, but efforts to this end have been frustrated and made impossible for the time being by the policy of the Soviet Government; and WHEREAS it has nevertheless been considered desirable to bring the existing state of war with Germany to a close and to remove Germany from its present enemy status, thus eliminating certain disabilities affecting German nationals; and WHEREAS the rights, privileges, and status of the United States and the other occupation powers in Germany, and the rights and privileges of the United States and its nationals to which it or they 1 Treaty of Feb. 10, 1947 (TIAS 1648; 61 Stat., pt. 2, p. 1245). the Sixth Session of the General Assembly, Nov. 6, 1951-Feb. 5, 1952. *i. e., * 66 Stat. c3. • 12 Ped. Reg. 1. 1 1 Linnati Www 1724 AMERICAN FOREIGN POLICY, 1950-1955 have become entitled as a result of the war, as well as the right to exercise or enforce the same, derive from the conquest of Germany and the assumption of supreme authority by the Allies and are not affected by the termination of the state of war; and WHEREAS the Congress of the United States by a joint resolution, approved October 19, 1951 (Public Law 181, 82d Congress), has resolved that the state of war declared to exist between the United States and the Government of Germany is terminated and that such termination shall take effect on the date of enactment of such resolution: Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, pursuant to such joint resolution, do pro- claim that the state of war between the United States and the Gov- ernment of Germany declared by the joint resolution of Congress approved December 11, 1941 was terminated on October 19, 1951. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. : 5 10. RELATIONS BETWEEN THE GERMAN FEDERAL REPUB. LIC AND THE ALLIES: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France and the Chancellor and Foreign Minister of the German Federal Republic, November 22, 1951 The Foreign Ministers of France, the United Kingdom, and the United States met today with Dr. Adenauer. This meeting, the first occasion on which the Chancellor and Foreign Minister of the German Federal Republic had jointly con- ferred with the foreign ministers of the three Western Powers, marked in itself a notable advance in the progressive association of the Ger- man Federal Republic with the West on the basis of equal partner ship. All participants welcomed the opportunity given for a general review of a problem of mutual concern. In the course of the conversation, which dealt with the general political situation of the Federal Republic in connection with the present world situation, the four foreign ministers reviewed the prog- ress so far made in the negotiations carried on in Bonn for the estab- lishment by freely negotiated agreements of a new basis for the relationship between their countries. In particular they examined the draft of a general agreement be tween the four Governments which had been prepared in Bonn. This is to establish the main principles of their future relationship and can only enter into force together with the related conventions XXL مطمیه نیوم: ماهان 6 : 05 Stat. 451. 2 Department of State Bulletin, Dec. 3, 1951, pp. 891-892. 3 See S. Execs. Q and R, S2d Cong., 2d sess., pp. 9–22. 1 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1725 1 referred to below and the treaty establishing a European defense community, Certain outstanding points in the general agreement were settled and, subject to final confirmation by their Governments, the ministers have approved the draft of this agreement. It will not be signed or published at present, since the four Governments agree that it must be completed by a number of related conventions governing in more detail other important matters arising out of the future relationship between them. The ministers agreed on the need for rapid progress in the completion of all these related conventions. The general agreement will be a concisive step toward the realization of the common aim of the three Western Powers and the Federal Government to integrate the Federal Republic on a basis of equality in a European community itself included in a developing Atlantic community. With the coming into force of the general agreement and the related convention, the Occupation Statute with its powers of intervention in the domestic affairs of the Federal Republic will be revoked, and the Allied High Commission and the Offices of the Land Commis- sioners will be abolished. The three powers will retain only such special rights as cannot now be renounced because of the special international situation of Germany, and which it is in the common interest of the four states to retain. These rights relate to the stationing and the security of the forces in Germany to Berlin and to questions concerning Germany as a whole. The mission of the forces stationed in Germany by the three powers will be the defense of the free world, of which the Federal Republic and Berlin form part. Their status will be settled in detail in one of the related conventions. Any disputes rising from the interpretation or application of the general agreement or the related conventions--- with the exception of certain special rights—will be settled by a court of arbitration. The Federal Republic will undertake to conduct its policy in accordance with the principles set forth in the Charter of the United Nations and with the aims defined in the Statute of the Council of Europe. The four ministers are agreed that an essential aim of the common policy of their Governments is a peace settlement for the whole of Germany freely negotiated between Germany and her former enemies, which should lay the foundation for a lasting peace. They further agreed that the final settlement of the boundaries of Germany await such a settlement. They reaffirmed their intention to strive for the establishment of German unity and agree on the importance of the proposals now before the General Assembly of the United Nationss designed to Supra, pp. 1107–1150. ? See S. Execs. Q and R, 82d Cong., 2d sess., pp. 25-88. * See ibid., pp. 89-134. * Statute of May 5, 1949; supra, pp. 1001-1012. * See General Assembly Res. 510 (VI), Dec. 20, 1951; infra, pp. 1795–1797. 1726 AMERICAN FOREIGN POLICY, 1950-1955 ascertain whether free elections can be held simultaneously in the Federal Republic, Berlin, and the Soviet zone of Germany. The four foreign ministers consider the contractual arrangement to be concluded between their Governments as well as the treaties for the creation of an integrated European community as essential steps to the achievement of their common aim: A unified Germany integrated within the Western European community. 11. COMMUNIQUÉ BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE AND THE CHANCELLOR OF THE GERMAN FEDERAI REPUBLIC, FEBRUARY 19, 1952 1 The Foreign Ministers of the United States, France and the United Kingdom and the Chancellor of the German Federal Republic met for discussions in the Foreign Office on the 18th and 19th of February They reviewed the position reached in the parallel negotiations Paris and in Bonn, now approaching a successful conclusion, for the establishment of the European defense community ? and for the creation of a new relationship between the three Western power and the Federal Republic of Germany based on a series of freely negotiated conventions.3 The Foreign Ministers and the Chancellor are well pleased with the results of their work. They reached agreement on outstandin issues arising from the negotiations in Bonn. The question Germany's financial contribution to European defense is dealt will below. On the difficult problem concerning the future regulation and dis tribution in the interests of Western defense of arms production i the states of the European defense community they have reache cortain conclusions and provided for a series of meetings which the are confident will produce speedy results. They reached agreement on methods for dealing with the questio of war criminals now detained in the Federal Republic. They reviewed the report made by the Executive Bureau of th Temporary Council Committee of the North Atlantic Treaty Organ zation on the financial contribution of the Federal Republic to Wester defense. The ministers agreed that this report, which reached the on the 16th of February, should be published tonight. There every prospect that an agreed decision on the total financial cont bution of the Federal Republic to defense will be reached by the en of the current week. Negotiations on other matters arising out of this report, includi 1 1 1 1 · Department of State Bulletin, Mar. 3, 1952, pp. 325-326. * See supra, pp. 1107-1150. : See S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, 25-134. • See supra, pp. 1618-1620. - conestiduties GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1727 the distribution of the Federal Republic's contribution, will proceed at once in Bonn between representatives of the German Federal Republic and of the three powers. The four ministers welcome the progress made towards the con- clusion of the treaty for the establishment of the European defense community which will provide a solid foundation for the agreements to be concluded between the three Western powers and the Federal Republic of Germany. This treaty and the agreements will constitute a single structure designed to bring about the association of the Federal Republic with the free world and to solidify the defense of Western Europe. The four ministers discussed the relationship between the Euro- pean defense community and the North Atlantic Treaty Organization and agreed on certain recommendations which will be made by the three foreign ministers to the Nato Council for settling this question. It will be the concern of the four governments, together with the other interested governments, to ensure the preservation and the progressive strengthening of the European defense community which, as a part of the wider Atlantic community, creates a partnership for peace. The four ministers are agreed that continuing efforts should be made to accomplish the unification of Germany through democratic and peaceful means. The four ministers are convinced that their meeting has removed the obstacles which have hitherto delayed the conclusion of the negotiations and has thus marked a decisive advance in the cause of peace. 12. THE BONN AGREEMENTS: Statement by the Secretary of State, May 26, 1952 2 The agreements that u have been signed today 3 are of great impor- tance for each of the four countries represented here. The Federal Republic is attaining the independence in foreign affairs and authority in domestic matters which befit a free state. The United Kingdom, France, and the United States, together with the other free nations, are welcoming a new partner in their great effort to establish peace and security in the world. Let us take a moment to examine what these agreements mean and what they are intended to accomplish. The relations which follow from these agreements are fundamentally such as exist between countries closely associated in peace and friend- ship. When the agreements enter into effect, the Occupation will come to its formal close, and the Federal Government will deal with 2 See supra, p. 1171. Department of State Bulletin, June 9, 1952, pp. 887-888. Agreements of May 26, 1952; S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, 25-165. 3 1728 AMERICAN FOREIGN POLICY, 1950–1955 other governments on a normal basis. The U.S. Government i convinced that the agreements are just because problems arising from the war must be settled, and it is right to settle them in this fashion The purpose of the agreements is to bring the Occupation to an en and this will be their effect. There are still certain powers reserved to the United Kingdom France, and the United States. But the important thing to remembe about these powers is that they are not retained for any reasons whic have to do with the Federal Republic alone. They are related to othe factors entirely--to the necessity for the presence in Germany troops whose mission is the defense of German peace and freedor and of peace and freedom throughout the free world, and to the unhappy fact that Germany is still a divided country. When thes conditions no longer exist, the powers retained to deal with them wi be withdrawn. It is a matter of great regret and concern to the American Gover ment that the task of restoring Germany as a whole is not complete I feel deeply the absence on this occasion of those who might har represented the people of that part of Germany which is still unde Soviet occupation. It would have been a more joyful occasion they had been permitted to join us. One of the great aims of the Western World, one of the great them of its culture, and one of the great achievements of its people, has bee freedom. Political and social freedom of the individual, freedom his conscience and speech, have been what the West holds most deal Since the end of the war the Three Powers have consistently work to establish freedom throughout Germany, and their efforts har been met with invaluable cooperation on the part of the people Western Germany and Berlin. Together, we have succeeded bringing freedom to the greater part of Germany, but until freedo can be extended to the entire country, and until all Germans--Es and West-are reunited in freedom, the goal will not have bee reached. I can assure you of my Government's continued determination press steadily toward this goal until the unity of Germany in freedo has become a reality. In anticipation of the day when these agreements will have be accepted by the legislative bodies of our countries and will enter in effect, I wish to congratulate the Federal Republic on its new plu among nations of the world. We have difficult problems ahead, we can solve them only by working together. We are glad to have new partner in this great cause. On behalf of the President of th United States and the American people, I welcome the Federn Republic on its return to the community of nations. **************?S***. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1729 13. GERMAN-AMERICAN RELATIONS: Communiqué by the Pres. ident of the United States and the Chancellor of the German Federal Republic, April 9, 1953 1 The President of the United States, the Secretary of State, and other members of the Cabinet have met during the past 3 days with the Chancellor of the Federal Republic of Germany and had a full and frank exchange of views on the world situation in general and on American-German relations in particular. The conversations took place in a spirit of friendship and cooperation and revealed a far- reaching identity of views and objectives. The President and the Chancellor discussed the effects which recent developments in the Soviet orbit ? might have on the East-West con- flict. They were fully agreed that, while no opportunity should be missed to bring about a general relaxation of tension, the free nations of the West must not relax their vigilance nor diminish their efforts to increase their unity and common strength. They were further agreed that if the Soviet rulers are genuinely desirous of peace and co- operation among all nations, they could furnish no better proof of their good will than by permitting genuinely free elections in the Soviet occupied Zone of Germany and by releasing the hundreds of thousands of German civilian deportees and war prisoners still in Sov iet hands. They further stated their joint conviction that there can beeno lasting solution of the German problem short of a reunification of Gurmany by peaceful means and on a free and democratic basis. The ac ievement of this purpose calls for sustained common efforts of the signatory powers to the contractual agreements signed at Bonn last year. There was unanimity of conviction that all concerned should press forward unwaveringly toward European unity through early rati- fication of the treaty establishing a European Defense Community. Achievement of this goal will be accompanied by the establishment of German independence and sovereignty under the contractual agree- ments. The Chancellor declared that the Federal Republic of Ger- many is ready and willing to cooperate on a basis of equality and partnership with all the free nations of the West in strengthening the defenses of the free world. The Chancellor was given assurance that the United States would supply military equipment to the European Defense Community to assist in equipping the German contingents, once the treaty has been ratified. The problem of the Saar was discussed and it was agreed that an early agreement should be sought in the common interest.5 3 1 Department of State Bulletin, Apr. 20, 1953, pp. 565–566. * The "recent developments” here referred to were those which followed the death of Marshal Stalin, Mar. 5, 1953. ' i.e., the United States, the United Kingdom, France, and the German Federal * As of the date of this communiqué, only the Bundestag of the German Federal Republic had taken parliamentary action (Mar. 19, 1953) favoring ratification of * See supra, p. 613. Republic. the EDC Treaty. 415900—57_Vol. 2 -6 1730 AMERICAN FOREIGN POLICY, 1950–1955 ........ Consideration was given to the special situation of Berlin and ad- miration expressed for the political firmness and courage of its in- habitants. It was agreed that the moral and material support needed to keep the city strong is a matter of primary importance. The Chancellor indicated that he had in mind further measures to in. crease production and reduce unemployment. The Secretary stated that consideration was now being given to assistance by the U.S. Government to investment and other programs to improve economic conditions in Berlin.' The Chancellor indicated the great difficulties facing the Federal Republic because of the necessity to assimilate not only the inillions of expellees who came earlier from eastern areas but the renewed stream of refugees from the Soviet Zone and beyond. The President and Secretary of State recognized the great efforts undertaken by the Federal Republic to care for these homeless persons and to preserve economic and social stability. The discussion took account of the possibility that the Federal Republic and Berlin might be unable to bear this burden alone. The Director for Mutual Security stated that careful consideration of this matter would be given in the course of the preparation of the Mutual Security Program for the year beginning July 1, 1953.2 The Chancellor raised the problem of war criminals. The future of the war criminals now in U.S. custody was discussed. The U.S. representative stated that his Government would reexamine the status of these prisoners and would also look forward to the possible adoption of new review procedures with German participation, as soon as German ratification of the treaties was completed. The representatives of both Governments exchanged views con- cerning progress toward the freeing and expansion of world trade and the achievement of currency convertibility. The German representa- tives expressed particular interest in the reduction of tariffs and cus toms administrative barriers. For their part, the U.S. representatives noted President Eisenhower's statement of April 7 that "the world must achieve an expanding trade, balanced at high levels which wil permit each nation to make its full contribution to the progress of the free world's economy and to share fully the benefits of this 3 progress." 4 Representatives of the two Governments discussed a number of specific problems connected with the normalization of commercial relations between the United States and Germany, including the 1 See the summary of Feb. 13, 1953, by the Mutual Security Agency of the study of the Berlin economy made for the MSA by Richardson Wood and Com. pany (Department of State Bulletin, Mar. 2, 1953, pp. 328–329), and the state ment on aid to Berlin issued by the President, June 18, 1953 (ibid., June 29, 1953 p. 898). 2 See Section 101 (a) of the Mutual Security Act of 1951 as amended by sel. 703 of the Mutual Security Act of 1953; infra, pp. 3060–3061. 3 See the statement on procedures for clemency and parole for war criminals issued by the Allied High Commission, Sept. 1, 1953 (Department of State Bulletin, Sept. 21, 1953, p. 391). * See President Eisenhower's message to Congress regarding renewal of the Trade Agreements Act; ibid., Apr. 27, 1953, pp. 634-635. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1731 @ C $ n e e @ 0 e I 5 Ibid., pp. 566-567. prospects for increased use by German exporters of the trademarks owned by German nationals prior to World War II. It was noted that considerable progress had already been achieved in making such trademarks available to former German owners and that future progress in that direction was being sympathetically studied by the d United States. The Chancellor and the Secretary of State agreed that the conclusion of a new treaty of friendship, commerce, and navigation between the United States and the Federal Republic 1 would be of benefit to both 11 countries and that negotiations for such a treaty should begin at a very early date. Meanwhile, as an interim measure, the two Govern- ments are negotiating an agreement ? to restore to force the 1923 treaty of friendship, commerce, and consular rights 3 as it stood prior to the war, taking into account the requirements of the present situation. This interim agreement, when ratified in both countries, would, among other things, re-establish a basis on which businessmen of each country would be able to reside and carry on business in the d other. The German representatives indicated their interest in the placing of off-shore procurement contracts in Germany. They were informed that as soon as the contractual and European Defense Community of treaties have entered into force, the same criteria will be applied in the placing of such contracts in Germany, within the framework of the European Defense Community, as are applied with respect to the placing of contracts in other European countries. In order to foster closer cultural cooperation between Germany and the United States and promote mutual understanding between their two peoples, an exchange of notes is taking place. The two Governments reaffirmed their common interest in control- ling, together with other nations of the free world, the movement of strategic materials to nations whose policies jeopardize the peace and security of the free world. Both Governments undertook to continue action to that end, and, in particular, to keep under constant review the list of items which from time to time may be subject to embargo to Communist China. The representatives of the Federal Republic IS also expressed their Government's intention, in cooperation with other trading and maritime nations, to apply supplementary measures, such of as transshipment controls, against violations or evasions of existing strategic controls. Announcement is being made simultaneously in the two capitals of the return to the Federal Republic of approximately 350° vessels formerly of German ownership. Arrangements for their transfer to German authorities will be completed by the U.S. High Commissioner 1 A new commercial treaty was signed Oct. 29, 1954. The Senate advised ratification July 27, 1955. It was ratified by the President Apr. 30, 1956, and entered into force July 14, 1956; TIAS 3593 7 UST 1839). Agreement of June 3, '1953; TIAS 3062 (5 UST, pt. 2, p. 1939). 3 Treaty of Dec. 8, 1923; 44 'Stat., pt. 3, p. 2132. Department of State Bulletin, Apr. 20, 1953, pp. 567-568. 8 le IS 4 in Germany. C 2 4 شدند رخنهه..... 1732 AMERICAN FOREIGN POLICY, 1950–1955 The President and the Chancellor are convinced that the conversa tions just concluded have made a solid contribution to the achieve ment of common goals of the two countries, in strengthening the tie of friendship now happily re-established and in consolidating the aim and strength of the free world. 1 14. RESTORATION OF GERMAN SOVEREIGNTY: Senate Res olution No. 295 (83d Congress, 2d Session), July 30, 1954 Whereas a convention on relations between the United States d America, the United Kingdom of Great Britain and Northern Ireland and the French Republic, therein referred to as the “Three Powers," and the Federal Republic of Germany, was signed on May 26, 1952 with a view to restoring sovereignty to the Federal Republic of Ger many; and Whereas the Senate of the United States gave its advice and con sent to ratification of said convention on July 1, 1952; and Whereas, nevertheless, it has not proved practical as yet to brin the Convention into force in accordance with its provisions: Now therefore, be it Resolved, That it is the sense of the Senate that the President, i he judges that future developments make this desirable and in national interest, should take such steps as he deems appropriate and as are consistent with United States constitutional processes to restor sovereignty to Germany and to enable her to contribute to the main tenance of international peace and security. 1767 (For the texts of the London and Paris Agreements of Oct. 3 and Och 23, 1954, see supra, pp. 1474-1491, 483-612, 871-873, and 972–989. ( 15. GERMAN-AMERICAN RELATIONS: Statement to the Press by the President of the United States and the Chancellor of the German Federal Republic, October 28, 1954 3 I We A During this morning's conversations we took an opportunity renew the spirit of friendship and confidence which has marked ou relationship in the past, especially in our efforts to overcome the ver serious situation which faced us during the past few months. reviewed the decisions taken at London - and Paris 5 and we are 1 S. Rept. 1991, 83d Cong., 2d sess. 3 S. Execs. Q and R., 82d Cong, 2d sess., pp. 9–22. Department of State Bulletin, Nov. 8, 1954, pp. 680-681; see also ibid . 1 pp. 680-683. * See the Final Act of the London Conference, Oct. 3, 1954; supra, pp. 1474–14919 5 Agreements of Oct. 23, 1954, regarding (1) relations between the Allies an the German Federal Republic (supra, pp. 483-612); (2) German adherence to North Atlantic Treaty (supra, pp. 871-873); and (3) the Western European Unio (supra, pp. 972-989). 8 1 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1733 II 1954 (Department of State publication 5399; 1954). convinced that with the coming into effect of the Agreements signed this past weekend, the road towards a strong and united Europe will have been paved. We view the understanding reached between the Governments of France and the Federal Republic of Germany as an especially encouraging step towards lasting peace in Continental Europe. This understanding was greatly furthered by the commit- ment on the part of the United Kingdom to maintain forces on the Continent. The basis for a European community has thus been established. The continued interest in and support of this community by the United States was reiterated. Together with the strengthened North Atlantic Treaty Organization, now to include the Federal Republic of Germany, these new agreements will, we are convinced, serve to rein- force the defense system of the free world. We particularly addressed ourselves to the question of German reunification. The demand for a reunited Germany in freedom is viewed by us as the legitimate demand of the German people. We are agreed that this aim shall be achieved only by peaceful means. We are convinced of the necessity of continued efforts towards this goal and are agreed that such efforts will be made by the United States and the Federal Republic of Germany together with the Governments of the United Kingdom and France. In this connection, we exchanged views on the latest Soviet note. It is our initial view that this does not seem to offer any new proposal on the part of the Soviet Union; it appears essentially as a reiteration of the positions taken by Mr. Molotov at the Conference in Berlin regarding Germany and European security.“ We have no doubt that the strengthening of free Europe which will result from the recent London and Paris Agreements will aid our efforts to bring freedom and unity to all of the German people. We discussed the unfortunate fact that large numbers of German prisoners of war and civilian deportees are still held in custody in areas behind the Iron Curtain, mainly the Soviet Union. The Chancellor requested the continued assistance of the United States in obtaining the release of these prisoners. This question has for some time been the subject of investigation by a United Nations Commission. The Chancellor was assured that the United States See Sir Anthony Eden's statement of Sept. 29, 1954, included in the Final Act of the London Conference; supra, pp. 1487–1489. See Secretary of State Dulles statement of Sept. 29, 1954; supra, pp. 1484- Note of Oct. 23, 1954; Department of State Bulletin, Dec. 13, 1954, pp. 902- See Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, * See supra, pp. 269–272. 8 III 1487. 905. 1734 AMERICAN FOREIGN POLICY, 1950-1955 stands ready, now as in the past, to offer every support and assist ance considered useful in accomplishing this end. IV We also discussed the question of German assets in the United States. The President expressed sympathy for the problem raise by the Chancellor in his letter of July 17, 1954, to him on this sub ject 1 and again expressed his willingness to explore such problem along with the question of American war claims. We were agree that conversations between representatives of our two Government will soon begin. 16. TERMINATION OF THE OCCUPATION REGIME: Proclama tion by the Allied High Commission, May 5, 1955 2 WHEREAS a new relationship between the French Republic, the United States of America, and the United Kingdom of Great Britai and Northern Ireland, on the one hand, and the Federal Republic Germany, on the other, has been established by the Convention d Relations between the Three Powers and the Federal Republic Germany and the Related Conventions which were signed at Bonna 26 May 1952, were amended by the Protocol on the Termination the Occupation Regime in the Federal Republic of Germany signed Paris on 23 October 1954, and enter into force today, NOW THEREFORE, We, André François-Poncet, French High Commissioner for German James B. Conant, United States High Commissioner for German Frederick Robert Hoyer Millar, United Kingdom High Commi sioner for Germany, Acting on behalf of, and duly authorized by, our Governments, DO HEREBY JOINTLY PROCLAIM: That the Occupation Statute 4 is revoked; and That the Allied High Commission and the Offices of the Lan Commissioners in the Federal Republic are abolished. This Proclamation shall take effect at noon on the fifth day May 1955. Done at BONN, Mehlem, this 5th day of May 1955 5 ] ] within time and want sit üretiasa ] Department of State Bulletin, Aug. 23, 1954, p. 270. 3 Ibid, May 16, 1955, p. 791; see also ibid., pp. 791-795. 8 S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, and supra, pp. 483-485. • Statute of Apr. 8, 1949 (A Decade of American Foreign Policy, pp. 586-5 and supra, pp. 1717-1718. ( citAV.sv.vidutinizin GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1735 17. UNITED STATES AUTHORITY AND FUNCTIONS IN GER- MANY: Executive Order No. 10608, May 5, 1955 1 By virtue of the authority vested in me by the Constitution and the statutes, including the Foreign Service Act of 1946 (60 Stat. 999), as amended, and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows: 1. Executive Order No. 10062 of June 6, 1949, and Executive Order No. 10144 of July 21, 1950, amending that order, are hereby revoked, and the position of United States High Commissioner for Germany, established by that order, is hereby abolished. 2. The chief of the United States Diplomatic Mission to the Federal Republic of Germany, hereinafter referred to as the Chief of Mission, shall have supreme authority, except as otherwise provided herein, with respect to all responsibilities, duties, and governmental functions of the United States in all Germany. The Chief of Mission shall exercise his authority under the supervision of the Secretary of State and subject to ultimate direction by the President. 3. The United States Military Commander having area responsi- bility in Germany, hereinafter referred to as the Commander, shall have authority with respect to all military responsibilities, duties, and functions of the United States in all Germany, including the command, security, and stationing of United States forces in Germany, the assertion and exercise of their rights and discharge of their obligations therein, and emergency measures wbich he may consider essential for their protection or the accomplishment of his mission. The Com- mander may delegate the authority conferred upon him. If action by the Commander or any representative of the Commander, pursuant to the authority herein conferred, affects the foreign policy of the United States or involves relations or negotiations with non-military German authorities, such action shall be taken only after consultation with and agreement by the Chief of Mission or pursuant to procedures previously agreed to between the Chief of Mission and the Commander or his representative. Either the Chief of Mission or the Commander may raise with the other any question which he believes requires such consultation. If agreement is not reached between them, any differ- ences may be referred to the Department of State and the Department of Defense for resolution. 4. The Chief of Mission and the Commander or his designated representatives shall, to the fullest extent consistent with their respective missions, render assistance and support to each other in carrying out the agreements and policies of the United States. 5. With regard to the custody, care, and execution of sentences and disposition (including pardon, clemency, parole, or release) of war criminals confined or hereafter to be confined in Germany as a result of conviction by military tribunals (A) the Chief of Mission shall share 1 20 Fed. Reg. 3093. : 14 Fed. Reg. 2965. ""' -'... : 15 Fed. Reg. 4705. 1736 AMERICAN FOREIGN POLICY, 1950–1955 the four-power responsibility in the case of persons convicted by the International Military Tribunal, (B) the Chief of Mission shall ex- ercise responsibility in the case of persons convicted by military tribunals established by the United States Military Governor pur. suant to Control Council Law No. 10, and (C) the Commander shal exercise responsibility in the case of persons convicted by other military tribunals established by United States Military Commander in Germany and elsewhere. Tħe Commander shall, on request of the Chief of Mission, take necessary measures for carrying into execution any sentences adjudged against such persons in category (B) as to whom the Chief of Mission has responsibility and control. Transfer of custody of persons in categories (B) and (C) to the Federal Republic of Germany as provided in the Convention on the Settlement of Matters Arising out of the War and Occupation shall terminate the responsibility of the Chief of Mission and the Commander with respect to such persons to the extent that the responsibility of the United States for them is thereupon terminated pursuant to the provisions of the said Convention. 6. If major differences arise over matters affecting the United States Forces in Germany, such differences may be referred to the Depart: ment of State and the Department of Defense for resolution 7. This order shall become effective on the date that the Convention on Relations between the Three Powers and the Federal Republic d Germany 3 and related Conventions, as amended, come into force 18. GERMAN-AMERICAN RELATIONS: Statement to the Prese by the President of the United States and the Chancellor of th German Federal Republic, June 14, 1955 4 The President, the Chancellor, the Secretary of State, and the advisers met this morning and discussed the problems of concern t their two nations. They reviewed the political developments which have taken place since the Chancellor's last visits and noted with satisfaction that the bonds of friendship between their nations har become very close. They are of the opinion that the recent favor able developments in Europe are the result of the consistent, soup policies followed by the United States, the Federal Republic, ani their allies. A large part of their discussion was devoted to the relationshi between the nations of the free world and the Soviet Union at particularly the recent developments such as the willingness of the 1 Law of Dec. 20, 1945; Occupation of Germany: Policy and Progress, 1945) (Department of State publication 2783, 1947), pp. 144-148. Convention of May 26, 1952, as amended'oct. 23, 1954; supra, pp. 557-6 3 Ibid.; supra, pp. 486–498. * Department of State Bulletin, June 27, 1955, p. 1033. 5 See statement of Oct. 28, 1954; supra, doc. 15. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1737 Soviet Union to participate in the four-power conference and the invitation of the Soviet Government to the Chancellor. They agreed that one of the objectives of the forthcoming four-power meeting will be to pave the way for early German reunification. It was confirmed that in their combined opinion the concept of neutrality is in no way applicable to Germany and that only in collective security arrange- ments can Germany assure its independence. As a result of their discussions, they are reassured that there is a very broad field of understanding between them. They are con- vinced that the achievement of the policies upon which Germany and the United States are embarked will continue to require closest cooperation in the future. These policies are based on a common adherence to the furtherance of a just and enduring peace among the nations of the world. B. BERLIN AND EAST GERMANY, 1950–1955 19. ALLIED RIGHTS IN BERLIN: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France, May 13, 1950 3 The three Western Occupation Powers will continue to uphold their rights in Berlin. They are resolved now as in the past to pro- tect the democratic rights of the inhabitants and will cooperate with the German authorities to improve to the utmost the economic posi- tion of the three Western sectors. Meanwhile the three Govern- ments will continue to seek the reunification of the city in free elec- tions in order that Berlin may take its due place in a free and united Germany. 20. REMILITARIZATION OF EAST GERMANY: Note From the American Ambassador at Moscow 4 to the Soviet Foreign Min- ister, May 23, 1950 5 : I have the honor to express to you the United States Government's grave concern at a development in eastern Germany which is already known to the Government of the Union of Soviet Socialist Republics. There has been created in the part of Germany that is subject to Soviet control a police force which has, by reason of its military train- detihe Soviet Government's willingness to attend the proposed four-power The Soviet Government's invitation to the German Federal Chancellor was extended June 7, 1955. Department of State Bulletin, June 26, 1950, p. 1039. * Adm. Alan G. Kirk. 5 Department of State Bulletin, June 5, 1950, pp. 918-919. 3 . : : . 1738 AMERICAN FOREIGN POLICY, 1950–1955 2 ing and equipment, the character of an army. This organization called the Main Administration for Training (Hauptverwaltung Fue Ausbildung), and it amounts to about 50,000 men. It is not a ordinary police force, and it does not have ordinary police duties It receives basic infantry, artillery, and armored training and equipped with military weapons, including machine guns, howitzer anti-aircraft cannon, mortars, and tanks. It must be regarded therefore, as a military force. The Soviet Union has many times expressed its adherence to the principle of the complete disarmament and demilitarization of Ger many. In particular, you will recall the following internationa agreements to which the Soviet Government was a party: A. Joint Report of February 11, 1945,' following the Anglo-Soviet American Conference in the Crimea: It is our inflexible purpose to destroy German militarism and Nazism and to ensure that Germany will never again be able to disturb the peace of the world We are determined to disarm and disband all German armed forces; break for all time the German General Staff that has repeatedly contrived the resun gence of German militarism; remove or destroy all German military equip ment; B. Declaration Regarding the Defeat of Germany and the As sumption of Supreme Authority by the Allied Powers, signed by General Eisenhower, Marshal Zhukov, Field Marshal Montgomery and General Tassigny on behalf of their respective Govern. ments on June 5, 1945: The Four Allied Governments will take such steps, including the complex disarmament and demilitarization of Germany, as they deem requisite for futur peace and security. C. Joint Report of August 2, 1945,3 following the Anglo-Soviet American Conference in Berlin (Potsdam): 3. The purposes of the occupation of Germany by which the Control Cound shall be guided are: (i) the complete disarmament and demilitarization of Germany T these ends: (a) All German land, naval and air forces and all other militar and quasi-military organizations . shall be completely and finally abolished in such manner as permanently to prevent the revival or reorganization of Grey man militarization and Nazism.3 D. Agreement between the Governments of the United Kingdom the United States of America and the Union of Soviet Socialis Republics and the Provisional Government of the French Republi on Certain Additional Requirements to be Imposed on Germany dated September 20, 1945: * 1. All German land, naval and air forces and all other military ale quasi-military organizations, shall be completely and finally abolished in accordance with methods and procedures to be laid down by the Allie Representatives, | Department of State Bulletin, Feb. 18, 1945, pp. 213-217. ? A Decade of American Foreign Policy, pp. 506-512. 3 Ibid., pp. 34–48. * Department of State Bulletin, Oct. 7, 1945, pp. 515–521, WAT************** GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1739 Government for Germany (U. S.), vol. IV (Oct. 1, 1946), pp. 63-64. 2. All forms of military training, military propaganda and military activities of whatever nature, on the part of the German people, are prohibited, as well as the formation of any organization initiated to further any aspect of military training and the formation of war veterans' organizations or other groups which might develop military characteristics or which are designed to carry on the German military tradition, whether such organizations or groups purport to be political, educational, religious, social, athletic or recreational or of any other nature. E. Control Council Law No. 34, entitled "Dissolution of the Wehrmacht,” dated August 20, 1946: Article 1. all German land, naval and air forces, with all their organiza- tions, staffs, and institutions, and all other military and quasi-military organizations, together with all clubs and associations which serve to keep alive the military tradition in Germany, are hereby considered disbanded, completely dissolved and declared illegal. Article II. The maintenance, formation and reconstitution of any of the agencies or organizations enumerated in Article I under any name or form whatsoever, and the taking over of all or any of the functions of such agencies or organizations in the future by other agencies is prohibited and declared illegal.? It is clear from these agreements that the Government of the Soviet Union is committed unequivocally to the principle that Germany will be demilitarized, that her military forces will be completely and finally abolished, and that no revival of German military activities will be allowed. The British, French, and American Governments were also parties to these agreements and are equally committed to the same principle. They have, accordingly, taken effective steps to prevent any form of rearmament or remilitarization in their zones of occupa- tion. The Soviet Union, on the other hand, has directly violated all these agreements. The establishment of a military force, or mili- tarized police, in Eastern Germany could not have been accomplished without the deliberate approval of the Soviet Government, and it is an action squarely in opposition to the efforts being made by the United States and other nations to create a stable and lasting peace. Representatives of the Soviet Government have, on numerous occasions, spoken of the Soviet Government's desire for peace. Such verbal protestations, however, can hardly be expected to receive credence among the free peoples of the world when the Soviet Govern- ment is simultaneously creating a military force of considerable size and strength in Germany in violation of its solemn international commitments. By this and other like actions the Soviet Government has destroyed world confidence in the sincerity of its promises and has created throughout the world widespread doubt as to its pacific intentions. If the Soviet Government wishes to restore in some measure international confidence in its alleged attachment to peace, it cannot fail to dissolve immediately the militarized units which it has set up in Eastern Germany. Allied Control Authority, Germany, Enactments and Approved Papers of the Control Council and Coordinating Committee (Legal Division, Office of Military ? 1740 AMERICAN FOREIGN POLICY, 1950-1955 --... 21. ALLIED POLICY IN BERLIN: Declaration by the Allie Kommandatura, May 26, 1952 1 Taking into consideration the new relations established betweet France, the United Kingdom of Great Britain and Northern Ireland the United States of America, and the Federal Republic of Germany and wishing to grant the Berlin authorities the maximum liberty . compatible with the special situation of Berlin, the Allied Kommandatura makes this declaration: I Berlin shall exercise all its rights, powers and responsibilities set forth in its Constitution as adopted in 1950 3 subject only to the reservations made by the Allied Kommandatura on 29th August , 1950,4 and to the provisions hereinafter. II The Allied authorities retain the right to take, if they deem i necessary, such measures as may be required to fulfil their inter national obligations, to ensure public order and to maintain the statu and security of Berlin and its economy, trade and communications III The Allied authorities will normally exercise powers only in thi following fields: (a) Security, interests and immunities of the Allied Forces, includ ing their representatives, dependents and non-German en ployees. German employees of the Allied Forces enjo immunity from German jurisdiction only in matters arising out of or in the course of performance of duties or services with the Allied Forces; (b) Disarmament and demilitarisation, including related fields o scientific research, civil aviation, and prohibitions and restrie tions on industry in relation to the foregoing; (c) Relations of Berlin with authorities abroad. However, the ] Allied Kommandatura will permit the Berlin authorities to assure the representation abroad of the interests of Berlin and of its inhabitants by suitable arrangements; (d) Satisfaction of occupation costs. These costs will be fixe after consultation with the appropriate German authorities and ] ( 1 { 1952 1 1 Memorandum on the Principles Governing the Relationship between the Allis Kommandatura and Greater Berlin, 26th May, 1952 (London: H. M. S. O., Cmd. 8564), pp. 3–4. 2 Under the Contractual Agreements of May 26, 1952; S. Execs. Q and R, 82 Cong., 2d sess., pp. 9-22, 25–165. 8 1950 Berlin Constitution and Electoral Law (Washington: GPO, 1951). 4 Berlin: Development of Its Government and Administration (Office of the U.S High Commissioner for Germany, 1952), p. 231. ( ] ] GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1741 visions of the Berlin Constitution. at the lowest level consistent with maintaining the security of Berlin and of the Allied Forces located there; (e) Authority over the Berlin police to the extent necessary to ensure the security of Berlin, IV The Allied Kommandatura will not, subject to Articles I and II of this Declaration, raise any objection to the adoption by Berlin under an appropriate procedure authorised by the Allied Kommandatura of the same legislation as that of the Federal Republic, in particular regarding currency, credit and foreign exchange, nationality, pass- ports, emigration and immigration, extradition, the unification of the customs and trade area, trade and navigation agreements, freedom of movement of goods, and foreign trade and payments arrangements. V In the following fields: (a) restitution, reparations, decartelisation, deconcentration, foreign interests in Berlin, claims against Berlin or its inhabitants, (b) displaced persons and the admission of refugees, (c) control of the care and treatment in German prisons of persons charged before or sentenced by Allied courts or tribunals; over the carrying out of sentences imposed on them and over ques- tions of amnesty, pardon or release in relation to them, the Allied authorities will in future only intervene to an extent con- sistent with, or if the Berlin authorities act inconsistently with, the principles which form the basis of the new relations between France, the United Kingdom and the United States on the one part and the Federal Republic of Germany on the other, or with the Allied legisla- tion in force in Berlin. VI All legislation of the Allied authorities will remain in force until repealed, amended or deprived of effect. The Allied authorities will repeal, amend or deprive of effect any legislation which they deem no longer appropriate in the light of this Legislation of the Allied authorities may also be repealed or amended by Berlin legislation; but such repeal or amendment shall require the approval of the Allied authorities before coming into force. VII Berlin legislation shall come into force in accordance with the pro- Allied legislation, or with other measures of the Allied authorities, or with the rights of the Allied authorities under this declaration, Berlin legislation will be subject to repeal or annulment by the Allied declaration. ...--.-.--........... Kommandatura. 1742 AMERICAN FOREIGN POLICY, 1950-1955 VIII In order to enable them to fulfil their obligations under this declara- tion, the Allied authorities shall have the right to request and obtain such information and statistics as they deem necessary. IX The Allied Kommandatura will modify the provisions of this declaration as the situation in Berlin permits. X Upon the effective date of this declaration the Statement of Prir- ciples Governing the Relationship between the Allied Kommandatur and Greater Berlin of 14th May, 1949, as modified by the First Instrument of Revision, dated 7th March, 1951,2 will be repealed. 22. DISORDERS IN THE SOVIET ZONE: Letter From the United States High Commissioner 3 to the Commander-in-Chief of the Soviet Forces in Berlin, November 3, 1952 5 I reject these In your letter of October 16 you felt obliged to inform me that in recent months disorders have occurred in the Soviet zone. You attribute the blame for these occurrences to the activities of or ganizations in Western Berlin which, for the purpose of your argi- ment, you describe as centers of espionage and sabotage and which , you maintain, indulge in criminal activities directed against the population of Eastern Berlin and the Soviet zone. charges, which are baseless and a travesty of the facts. The organizations which you mention have, with the exception of RIAS, been voluntarily formed by Germans who have the ir terest of the German people at heart. So far from committing ang crimes against the German people of the Soviet zone, these organiz: tions are concerned only with giving help to the refugees from this zone who, in increasing numbers, flee from persecution; to assemble and disseminate evidence about illegal measures and violation of the rights of man, of which so many Germans in the Eastern zone are victims; and to tell them the truth about the free world from which they are separated. As regards RIAS, the radio in the American sector of Berlin 1 Berlin: Development of Its Government and Administration, pp. 192-195. 2 Ibid., pp. 204-205. 3 Walter J. Donnelly. 4 Gen. Vassily I. Chuikov. 5 Department of State Bulletin, Dec. 1, 1952, pp. 861-862. The United King dom and the French High Commissioners delivered similar letters. to General Chuikov. • Ibid., pp. 862-863. 7 Radio in the American Sector. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1743 you may recall that the organization was established under the direction of American personnel in 1946 after the Soviet authorities, i in violation of the principle of Four Power cooperation in Berlin, I refused to allow any but Soviet influence in radio Berlin. Your allegations that RIAS is a center of espionage and sabotage are with- out foundation. On the contrary, RIAS fulfills a much needed function in providing factual information not otherwise available in Eastern Germany and it will continue to do so. I will not enter into the diverse accusations which you make on the basis of the evidence provided by various "court trials” in the Soviet zone. Public opinion throughout the world is only too well informed of the methods whereby so-called "confessions may be i extracted from those who are accused by such "courts.” Moreover ! these "courts” seem to have acquired the habit of describing as i "crimes" acts which in democratic countries are considered to be a normal part of daily life. For example, a person only has to ex- press an opinion contrary to the Government in power or to repeat a piece of news which is already known but which the regime has an ti interest in suppressing for him to be described as a "spy" or "traitor." A Such a perversion of the accepted meaning of words would be laughable were its consequences not so serious. In your letter you refer to "forcible abduction of activities of people's enterprises to West Berlin where they, and the employees of the people's police, and members of the FDJ, were murdered.” If there were any truth in this, I would condemn criminal activities of such a kind just as strongly as you do. But you do not cite any instances of abduction and murder. I, however, am in a position to cite instances of abductions from Western Berlin. I should be obligated if you would give your urgent attention to the case of Dr. Linse who was abducted from Western Berlin on July 8,2 and inform me when he will be returned to Western Berlin. Likewise, I should welcome information about "a certain Weiland” to whom you attribute one of the "confessions” made before a court in Greifswald on August 27, 1952. I assume this to be a resident of West Berlin named Weiland who was kidnaped from the American sector on November 11, 1950, and forcibly taken into the Soviet sector. Nothing has been heard of him since then until I received your letter. I should be glad to have full details about the circum- stances of his arrest and an account of what has happened to him since his arrest. 1. 1 In the text (i. e., the translation) of General Chuikov's letter of Oct. 1, 1952, reprinted in the Bulletin, the passage which is here quoted refers to certain in- dividuals and then reads, it was disclosed that these persons had forcibly abducted into West Berlin, and there murdered activists of people's enterprises, employees of the people's police, members of the Free German Youth"; ibid., p. 862. The FDJ was the Freie Deutsche Jugend ("Free German Youth”), an organization under Communist control. 2 For a statement relating to the case of Dr. Walter Linse, issued to the press by Johannes Stumm, Police President of West Berlin, see ibid., Nov. 24, 1952, pp. 823-824. 1744 AMERICAN FOREIGN POLICY, 1950–1955 I : I repeat that the activities of the organizations which you mention have no concern with spying, diversionism, or terror. These or ganizations would not be necessary and would cease to exist if basic human rights, such as freedom of speech, freedom of movement , and freedom from arbitrary arrest existed in the Soviet zone and Eastern Berlin. Nor can their activities justify the measures taken since last May, at the instigation of the Soviet authorities, whereby the principal channels of communication between East and West Germany have been obstructed or curtailed. I take the opportunity of reminding you that I have not received a reply to Mr. McCloys letter of June 30 * in which your attention was called to this serious matter. I cannot but conclude that the purpose of your letter was to attempt, by its many unfounded allegations, to provide a belated justification of these measures which hinder the reunification of Germany and which, as you are no doubt aware, have aroused wide spread and fully justified indignation throughout Germany. 1 23. BERLIN UPRISING: Message From the Allied Commandants i Berlin to the Representative of the Soviet Control Commission June 18, 1953 % As Commandants of the French, British and U.S. sectors of Berlis and in the name of the Allied High Commission we desire to expres our grave concern over events which have taken place in Berlin i the past few days. We condemn the irresponsible recourse to military force which he as its result the killing or serious wounding of a considerable numbe of citizens of Berlin including some from our own sectors. We protest the arbitrary measures taken by the Soviet authoritie which have resulted in the interruption of traffic between the sector and free circulation throughout Berlin. We formally deny that Willi Coettling, executed after a travesty justice, was an agent provocateur under the orders of the intelligent service of a foreign power. His condemnation to death and b execution on an empty pretext appear to us as acts of brutality which will shock the conscience of the world. As the highest Soviet authority in the Soviet sector of Berlin your share with us the responsibility of guaranteeing the well-being and the freedom of the people of Berlin. We therefore demand in the interes of Berlin as a whole that the harsh restrictions imposed on the populs tion be lifted immediately and that free circulation within Berlin ki reestablished. 1 Department of State Bulletin, Sept. 1, 1952, p. 319. 2 Ibid., June 29, 1953, pp. 897-898. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1745 24. BERLIN UPRISING: Letter From the Allied Commandants in Berlin to the Soviet Military Commander in Berlin, June 24, 1953 ? We, the French, British and American Commandants, have received your letter of June 20 3 and hasten to reject your allegations that the disturbances of June 17 were the result of action by groups sent from Western sectors of Berlin. The statement in the inclosure to your letter that an American called Heaver who was wearing a uniform with two stars, which are the insignia of a major general, was seen giving the instructions to organize the disorders is, we are sure you will agree, Major General Dibrova, unworthy of serious consideration and must be held to discredit the rest of the informant's testimony. You and the world are well aware of the true causes of the disorders which have recently occurred in East Berlin, and it is therefore unnecessary for us to tell you that the three powers in West Berlin had no responsibility whatever for instigating them. We must therefore continue to demand that the remaining restric- tions imposed on the Berlin population be lifted and that the steps which you have already taken to reestablish circulation within Berlin be carried to their logical conclusions, free and unfettered movement between all sectors. We on our side shall continue as always to fulfill our responsibility for the maintenance of law and order in our sectors, and we are ready to do our part in reestablishing normal conditions of life throughout the whole city. 25. BERLIN UPRISING: Statement by the Secretary of State at a Press Conference, June 30, 19534 I have long believed and preached that the Soviet was overextended having under its control some 600 million non-Russians representing what had been 15 or more independent nations. I have been confident that these people could not be moulded into the Soviet Communist pattern, particularly if the free peoples kept alive the hope of the captives and showed them that they were not forgotten. There has now developed extensive unrest within the satellite countries of Europe. It demonstrates that the people do retain their love of God and love of country and their sense of personal dignity. They want to run their own affairs and not be run from Moscow. The unquenchable spirit of the peoples was dramatized in East Berlin, where unarmed youths tore up paving stones from the streets to hurl in defiance at tanks. Such a spirit can never be repressed, and this love of freedom is more and more manifesting itself through the captive peoples. 1 Maj. Gen. P. T. Dibrova. ? Department of State Bulletin, July 6, 1953, p. 9. 3 Ibid., pp. 8–9. 4 Ibid., July 13, 1953, p. 40. 415900_57—Vol. 2 1746 AMERICAN FOREIGN POLICY, 1950–1955 The cry everywhere is for "free elections." The people want to be governed by those whom they select as responsive to their needs and their desires, rather than to be ruled by those who take their orden from aliens and who give their orders with a view to achieving the own ambitions without regard to the welfare of the people concerned In my book War or Peace, written over 3 years ago, I said:“... th Communist structure is over-extended, over-rigid and ill-founded. I could be shaken if the difficulties that were latent were activated." I went on to point out that this does not mean an armed revolt which would precipitate a massacre, but that short of this the people could demonstrate an independence such that the Soviet Communis leaders would come to recognize the futility of trying to hold captive so many peoples who, by their faith and their patriotism, can neve really be consolidated into a Soviet Communist world. The developments of recent weeks show the correctness of the diagnosis. 26. UPRISING IN EAST GERMANY: Letter From the President the United States to the Chancellor of the German Federal Re public, July 23, 1953 2 MY DEAR MR. CHANCELLOR: During the development of the com versations between the U.S. Secretary of State and the Foreig Ministers of Great Britain and France, it occurred to me that it migh be helpful if I were to write you a letter in amplification of the thought so tightly compressed in the final communiqué.3 It seems to me that certain definite patterns are emerging from the situation in East Germany and the Eastern European satellit countries-patterns which will unquestionably have a profound effect upon the future, including the proposed meeting of the Foreign Ministers of the Four Powers. I think, therefore, that it will be useful for me to share my thought with you in some detail at this time. Great historical developments, such as the recent Berlin and Eas German anti-Communist demonstrations,4 rarely have single root Nevertheless, I am quite certain that future historians, in their analys of the causes which will have brought about the disintegration of the Communist empire, will single out those brave East Germans wh dared to rise against the cannons of tyranny with nothing but the bare hands and their stout hearts, as a root cause. I think also ths those same historians will record your own extraordinary steadfastne in the cause of European peace and freedom over many, many years In analyzing these recent developments, there appear to be fire points of greatest significance. First, this eruption against Communist oppression was sport j 1 1 War or Peace (New York, 1950), p. 247. 2 Department of State Bulletin, Aug. 3, 1953, pp. 147-149. 3 Communiqué of July 14. 1953; supra, pp. 1463–1467. 4 See supra, docs. 23 and 24. شبیه هم نميخيل ننعننن ننجمن GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1747 3 Should read “July 14"; supro, pp. 1463-1467. taneous. I know that I need not go into any elaborate denial with of the fantastic explanation put out by Moscow that the up- rising was caused by American provocateurs. No provocateur of any nationality can persuade human beings to stand up in front of rumbling tanks with sticks and stones. Such action comes from the heart and not from any foreign purse. Second, this uprising was not just a momentary flash of despera- tion. The continuing news of disorders in Eastern Germany indicates a fundamental and lasting determination to be fully and finally free, despite long years of stern Sovietization. Third, nowhere were the rioters "bourgeois reactionaries” or "capitalist warmongers." They were workers. Therefore, the martyrs who fell before Russian Communist guns were the very same workers in whose name the Kremlin has falsely and cynically built their empire of oppression, their farflung "workers' paradise." Fourth, the fact of the uprising, the conduct of the German Com- munist leaders during the event and their actions since the event, all indicate the complete political bankruptcy of the SED [Sozialis- tische Einheitspartei Deutschlands].? Fifth, and to me of utmost significance, when the riots developed in the Russian sector of Berlin, the workers' chant was, “We want free elections.” In this phrase, the people clearly and simply summed up their yearning for the alleviation of their grievances and sufferings. The combination of these five facts actually forms the background for that portion of the July 15 Foreign Ministers' communiqué 3 dealing with German unification and free elections. And the com- muniqué itself, as you know, is actually the diplomatic confirmation your own earlier statements, of my June 264 cable to you, and most important, of the resolution of the German Bundestag of June 10.5 For the past many months there have been endless arguments and debates on both sides of the Atlantic over the respective priorities of such words and phrases as "unification," "peace treaty," "free elections," "withdrawal of occupation troops," etc. It has always seemed to me and these recent events, to me at least, clearly confirm the thought--that there can be no solution without free elections and the formation of a free all-German Gov- ernment, leading to unification. From that point on can flow a logical , orderly sequence of events, culminating in an honorable peace treaty and the re-emergence of a new united German Republic, dedicated to the welfare of its own people, as a friendly and peaceful member of the European family of nations. To this first step of free elections, the Government of the United See the letter of June 20, 1953, from the Soviet Commandant in Berlin to the three Western Commandants; Department of State Bulletin, July 6, 1953, pp. 8–9. mation of the Communist Party and the Social Democratic Party in the Soviet * Should read "June 25”?; Department of State Bulletin, July 6, 1953, p. 10. • Documents on German 'Unity, vol. IV (Bad-Godesberg, 1953), p. 15. of Zone of Germany). 1748 AMERICAN FOREIGN POLICY, 1950-1955 : 1 1 States will continue to lend the full force of its political, diplomati and moral support. There are sincere people in Germany, in the nations of Wester Europe, and even in my own country, who have come to belier that free elections, and therefore the unification of Germany, con tradict and possibly exclude the concept of the European Defer Community which has been ratified by both your Houses of Parli ment and is now before your Constitutional Court. I do not an have never accepted this theory that the EDC and unification Germany are mutually exclusive. Quite the contrary, As the three Foreign Ministers stated at the conclusion of the recent meeting in Washington, since the European communi corresponds to the lasting needs of its members and their people f . peace, security, and welfare, it is looked upon as necessary in its and not linked up with existing international tensions. It has long been my conviction that the strengthening of t Federal Republic, through adoption of the EDC, the contractu agreements and further progress in the integration of Western Europe can only enhance the prospects for the peaceful unification of Ge many, by increasing the attractive power of this prosperous Wester Germany vis-à-vis the Soviet Zone, an attractive power which be already been demonstrated by the steady stream of refugees in rece months, as well as the demonstrations which began on June 1 This increasing contrast between Western and Eastern Germany the latter with its bankrupt regime and impoverished econom will in the long run produce conditions which should make possik the liquidation of the present Communist dictatorship and of ti Soviet occupation, While a future all-German Government must obviously be fire to choose the degree to which it wishes to enter into defensive a other arrangements compatible with the principles of the Unite Nations, I can hardly imagine that it would seek the path of co plete and premature disarmament in the presence of other natio still heavily armed. I believe this is a matter worthy of seriu attention. Those who in Germany believe they can suggest an ex safe solution through defenseless neutralization should careful ponder the true wisdom and safety of such a course. Speaking for America, and I believe the rest of the free wor shares this view, I can say that there has been enough bloodsb and enough misery and enough destruction in the past 50 years deter any people or any Government of the West from any ideas military aggression. But the peace we all so dearly seek cannot maintained through weakness. EDC will be the simplest, mm unequivocal, and most self-evident demonstration of strength peace. No one can foretell what the unfolding months will bring, but it a certainly be said that the workers of Berlin's Soviet Sector and ! workers of East Germany, with the workers of Czechoslovas 1 The Bundestag voted for ratification, Mar. 19, 1953; the Bundesrat ti* similar parliamentary action, Mar. 24, 1953. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1749 have started something that will have an important place on the pages of history. May the concluding chapter of that history record the reemergence of freedom, of peace, and of happiness. 27. EAST GERMANY-FRIENDSHIP AND SYMPATHY OF THE AMERICAN PEOPLE: Senate Concurrent Resolution No. 36 (83d Congress, 1st Session), August 3, 1953 1 WHEREAS the brutal suppression by the Soviet Communist regime through the use of armed force and police terror of workers seeking the rights of free assembly and other rights assured to all in the free world; the persecutions of members of all religious faiths; the continuing servitude enforced upon the captive peoples; the systematic repression of all non-Communist political elements in the Soviet-dominated countries and most recently the acts against the people of Soviet- dominated countries, deserves strongest condemnation; and constitute (a) suppression of individual and human rights, and (b) persecution on account of race and religion; (c) violate the declarations in the Pre- amble to the Charter of the United Nations; and (d) violate the basic principles set forth in the American Declaration of Independence 1 of 1776: "... that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form I of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, I laying its foundation on such principles and organizing its powers in | such form, as to them shall seem most likely to effect their Safety | and Happiness. ... But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them i under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future ! security."; and WHEREAS the people of East Berlin, East Germany, Poland Czechoslovakia, Rumania, Hungary and other Communist-dominated U countries have so courageously demonstrated their strong devotion to these principles of freedom and justice by their heroic resistance to the Soviet-controlled East German regime and mindful that the United States secured its freedom by popular revolt against tyranny; and WHEREAS the Soviet regime being unable to win the allegiance of the people under its rule, knows no other method of achieving the compliance of the people to their dictatorship than by force of arms, 167 Stat. B132-133. 1750 AMERICAN FOREIGN POLICY, 1950–1955 Zi----------..-...-'., terror, murder, imprisonment, reprisals and mass deportation; ani WHEREAS the cause of freedom cannot be contained and will eventu ally triumph: Now therefore, be it Resolved, That the Congress commends and encourages the valian struggle of these captive peoples for freedom. Sec. 2. It is further the sense of the Congress that the United State express in the United Nations and in every other way open to it the indignation of its people against these suppressions of workers ani religious persecutions in the Union of Soviet Socialist Republics ani the Communist satellites, its sympathy with the tragic victims o these suppressions and religious persecutions, and its determinatio that international law and individual and human rights be observe in the world. Sec. 3. That the Congress of the United States in behalf of th American people hereby expresses the firm conviction that the peopl of East Germany are entitled to their basic, inalienable God-givel rights and freedoms for which they are now struggling. Sec. 4. That the Congress of the United States further express the firm conviction of the American people that the people of German now presently divided, have the right to be a unified nation governe by their own consent by the free expression of popular will in fr elections, Sec. 5. That the Congress of the United States further express in behalf of the American people its friendship and sympathy with th people of East Germany, particularly those who have suffered at th hands of the Communists because of their patriotic defiance of Com munist tyranny and denounces the action of the Communist regimei killing, imprisoning, and deporting those who have openly demo strated their love of liberty and justice, and asserts that their hero sacrifice and suffering will aid the cause of freedom in all the Cou munist enslaved nations and will inspire freedom-loving peop! everywhere. Agreed to August 3, 1953. ; 28. REMOVAL OF INTERZONAL BARRIERS: Note From United States High Commissioner to the Soviet High Comm sioner, August 26, 1953 3 1 It has long been the policy of my government to remove the barri which still exist in Germany between our two zònes and to endear to secure freedom of movement for German Nationals between the You will recall that for several years German Nationals living in French, United Kingdom and United States zones have been able move freely between these zones without interzonal passes while it still necessary for Germans to possess them before they can tra 1 James B. Conant. 2 Vladimir Semenovich Semenov. 3 Department of State Bulletin, Sept. 21, 1953, pp. 391–392. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1751 4 Ibid., pp. 490–491. between the United States and Soviet zones. The continuation of the system of interzonal passes between our respective zones has in my view no justification and I consequently hope that you will agree that we should jointly waive this requirement for German Nationals. I therefore propose to you that we now jointly waive the allied interzonal pass requirement for the travel of German Nationals between and through the United States and Union of Soviet Socialist Republics zones. Simultaneously, the present German Aufenthaltser- laubnis (residence permit] requirement should be abolished by the German authorities. The responsible German authorities in the United States zone will suspend the requirement of the Aufenthaltser- laubnis simultaneously with the waiver by us of the interzonal pass requirement. I hope that you will accept this proposal and that you will agree to make the necessary administrative arrangements in the Soviet zone so that German Nationals residing in Berlin, the Soviet zone and the United States zone of occupation will be able to travel freely between and through these zones of Germany and Berlin on the simple presentation of their identity card. As soon as you have informed me that these administrative arrangements are to be made in the Soviet zone, I shall order the waiver of the interzonal pass requirement for German Nationals traveling between or through our I am informed that my British and French colleagues are approach- ing you with similar proposals. 29. REMOVAL OF INTERZONAL BARRIERS: Letter From the United States High Commissioner to the Soviet High Commis- sioner,2 September 17, 19533 I have your letter of September 1,4 in which you reply to my pro- posal of August 26, 1953, that there be waived simultaneously the interzonal pass which is required by occupation powers and the Aufenthaltserlaubnis (residence permitſ which is required by German authorities. I regret that instead of accepting my proposal, you have devoted the greater part of your letter to unfounded allegations that German authorities in the Federal Republic are hindering the inter- zonal travel of German Nationals. These allegations are so man- ifestly false that I do not propose to answer them. I would however point out that your claim that these obstructions exist should have led you to agree the more readily to my proposal to waive the inter- zonal pass and the Aufenthaltserlaubnis requirements. You have proposed that the whole matter be referred to the gov- ernment of the Federal Republic of Germany and to the German authorities in the Soviet Zone. You appear to have overlooked the 1 James B. Conant. 2 Vladimir Semenovich Semenov. Department of State Bulletin, Oct. 12, 1953, p. 490. zones, 3 5 Supra. 1752 AMERICAN FOREIGN POLICY, 1950–1955 : 1 fact that the inter-zonal pass system was established by quadripartite agreement and that therefore the waiver of this requirement is a matter falling solely within the authority of the occupation powers. As regards the views of the Federal Republic of Germany on this subject, I should like to call your attention to the unequivocal state , ments contained in the resolution of the Bundestag on July 1, 1953, calling for free circulation of all Germans throughout Germany, and in the subsequent decision of the Federal Cabinet of August 25, 1953, asking for removal of all restrictions imposed on inter-zonal travel by reason of the inter-zonal pass requirement. By these actions the Federal Republic of Germany solemnly de clared its desire and willingness to do everything possible to bring about conditions permitting unrestricted travel throughout Germany of German Nationals irrespective of their place of residence. For this reason the German authorities in the US Zone will, as I have already informed you in my letter of August 26, waive the Aufen- thaltserlaubnis simultaneously with our waiver of the inter-zonal pas requirement, on condition that German authorities in the Soviet Zone do the same. I wish therefore to reiterate to you my proposal contained in m letter to you of August 26, 1953, that we now jointly waive the Allied inter-zonal pass requirement for travel of German National between and through the US and USSR Zones." On condition that you will have informed me in advance of you agreement to institute similar measures simultaneously, I am pre pared to waive, effective 24:00 hours September 30, the inter-zong pass requirement for German Nationals proceeding through estab lished crossing points to the US Zone from the Soviet Zone of Ger many or from Berlin. At the same time, I request that you reoper those inter-zonal crossing points which were closed on Soviet instrue tions at various dates prior to the middle of 1952. Since my British and French colleagues are making the same pro posal, German Nationals would then be able to travel throughou Germany on the simple presentation of their identity cards. ? 30. REMOVAL OF INTERZONAL BARRIERS: Letter From tb United States High Commissioner 2 to the Soviet High Commis sioner, February 22, 1954 4 At the meeting in Berlin on February 18 of the Foreign Minister of the U.K., U.S.A., France and the U.S.S.R., it was stated the the governments of the U.K., the U.S.A. and France had initiate a study of the steps that could be taken to lessen the hardships whic 1 Office of the U.S. High Commissioner for Germany, Documents on German Unity, vol. IV (Bad-Godesberg, 1953), p. 43. 2 James B. Conant. 3 Vladimir Semenovich Semenov. Department of State Bulletin, Apr. 5, 1954, pp. 508-509. 5 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1753 1 result for the German people from the present division of Germany. Although such steps are no substitute for the reunification of Ger- many and the conclusion of a peace treaty, which remain the objec- tives of its policy, the U. S. Government considers that it should be possible for the four occupying powers in Germany to reach imme- diate agreement on the elimination of a certain number of unjusti- fiable obstacles which still prevent freedom of movement between the different parts of Germany. The U.S. Government believes that the Four Powers could in this way bring about an immediate and essential improvement in the living conditions of all Germany. I therefore propose to you that we shall agree that each of us should, as appropriate, take the following measures: A. The abolition of the requirement for residence permits for Ger- mans residing in the Federal Territory who desire to travel to the Soviet Zone. The maintenance of this formality in fact consider- ably reduces the effect of the abolition of interzonal passes which was decided at the end of 1953. B. The opening of the inter-zonal crossing points which have been closed by the Soviet authorities on various dates before the middle of 1952. I would remind you of the proposal on this subject made to you in my letter of January 8.2 C. The improvement of inter-zonal road and rail transport serv- ices including the introduction of fast rail services with improved passenger facilities between the principal cities of West Germany on the one hand and East Germany and Berlin on the other. D. The removal of the prohibited zone, the barbed wire fences and all other barriers placed in the Soviet Zone along the Soviet Zone border. E. The abolition of all controls and of all impediments to the free circulation of printed matter. As regards Berlin, we should agree upon suitable methods for re-establishing more normal living conditions for the inhabitants of the city. In particular, I consider it necessary to reach decisions on the two following questions: A. The abolition of all formalities re movement of persons between Berlin and the Soviet Zone. B. The removal of all impediments to the free movement of per- sons and of goods between the Western sectors of Berlin and Western Germany; in particular the abolition of the requirement for the endorsement of Warenbegleitscheine (certificates for goods in transit) for such goods by the authorities of the Soviet Zone and the introduc- tion of arrangements for the customs-free transit of such goods. I shall be glad to meet with you at your early convenience to dis- cuss these proposals. 1 Statement by Sir Anthony Eden; Foreign Ministers Meeting: Berlin Discus- sions, January 25-February 18, 1954 (Department of State publication 5399), p. 129. 2 Not printed. 1754 AMERICAN FOREIGN POLICY, 1950–1955 If, as I hope, they are acceptable to you, technical discussion may be required concerning proposals B and C in paragraph 2 above In that event I shall be prepared to furnish the names of the Germa technical experts authorized to deal with these matters in respecto Western Germany and I would be glad to obtain corresponding infor mation from you. I have authorized Gen. Timberman1 to make contact with Mr. Denginand to transmit to him a proposal dealing with the othe restrictions which we wish to see eliminated in Berlin.3 31. REMOVAL OF INTERZONAL BARRIERS: Letter From the United States Commandant in Berlin 4 to the Berlin Representa tive 5 of the Soviet High Commissioner, February 22, 1954? In his letter of February 22 8 the United States High Commis sioner 9 has drawn Mr. Semenov's attention to the necessity of re establishing more normal living conditions for the inhabitants of the city of Berlin. In particular he has expressed the desire that the fou occupying powers should reach agreement on the removal of imped ments to the freedom of movement of persons and goods betwee the Western sectors of Berlin and Western Germany and on the abolition of all formalities re the movement of persons between Berli and the Soviet Zone. In the same spirit and in order to eliminate all restrictions freedom of communications between the four sectors of Berlin, request you to agree that the following measures should be pų into effect: A. The abolition of police controls at the borders and of oth forms of hindrance to the complete freedom of movement of person throughout the city. B. The removal of all street barriers between sectors. C. The re-establishment of direct tram services throughout to city. D. The re-establishment of the automatic citywide telephor service. E. The re-establishment of reliable and efficient postal service throughout the city. 3.visit 1 Maj. Gen. Thomas S. Timberman, United States Commandant in Berlin. 2 Sergei Dengin, Representative of the Soviet High Commissioner for German in Berlin. 3 See General Timberman's letter of Feb. 22, 1954, to Mr. Dengin; infra. 4 Maj. Gen. Thomas S. Timberman. 5 Sergei Dengin. 8 Vladimir Semenovich Semenov. ? Department of State Bulletin, Apr. 5, 1954, p. 509. 8 Supra. 8 James B. Conant. jump rowwe na mir wieder mit seinen ei tietenkin olemas ka liittimeters the Sitzu GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1755 Department of State Bulletin, Apr. 5, 1954, p. 510. F. The abolition of controls over and interference with the free circulation of printed matter, films and other cultural media through- out the city. I am convinced that an agreement should be reached on these different proposals for the common good of the people of Berlin and am ready, for my part, to discuss with you without delay all the measures required to put them into force. Should technical discussions be required concerning proposals C and D above, I am prepared to furnish the names of the German technicians authorized to deal with these matters for my sector and would be glad to receive similar information from you. 32. REMOVAL OF INTERZONAL BARRIERS: Note From the United States High Commissioner 1 to the Soviet High Commis- sioner, March 17, 1954 3 I have received your reply of March 6, 1954,4 to my letter of February 22 in which I proposed to you that we should agree to- gether with the British and French High Commissioners in Germany to eliminate immediately a number of unjustifiable obstacles which still prevent freedom of movement between the different parts of Germany. I regret, however, that instead of replying positively to my pro- posals of dealing with the practical and urgent problems with which we are faced, you have confined yourself in your reply merely to repeating M. Molotov's proposal for all-German committees 5 which was rejected by the three Western Foreign Ministers at the Berlin conference. The matters covered by my proposal must continue closely to concern the four occupying powers until such time as the reunification of Germany takes place. None of these powers can rightly evade its responsibilities in that respect. It is, therefore, the duty of the four powers to secure the removal of obstacles to free movement of Ger- mans between the different parts of Germany, and insofar as the continued existence of such obstacles is due to action or inaction on the part of the authorities in Soviet occupied territories, my govern- ment will continue to hold the Soviet authorities responsible for this hindrance to further progress in the direction of German reunifica- tion. It is for this reason that I have requested you, in my previous letter, to inform me of the Soviet attitude towards the specific pro- posals which I have made and which I have offered to discuss with you. 1 James B. Conant. 2 Vladimir Semenovich Semenov. 3 * Ibid., pp. 509–510. 5 Soviet proposal of Feb. 17, 1954; Foreign Ministers Meeting: Berlin Dis- cussions, January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 229-230. -- ! - 1756 AMERICAN FOREIGN POLICY, 1950-1955 It is clear that certain of the questions mentioned in my letter d February 22 require only unilateral decision and action by the au thorities of the Soviet Zone. These are: (A) The abolition of the requirement for residence permits for Germans residing in the Federal territory who desire to travel ti the Soviet Zone; (B) The removal of the prohibited zone, the barbed wire fence and all other barriers placed in the Soviet Zone along the interzoni border; (C) The abolition of all formalities regarding movement of person between Berlin and the Soviet Zone. If, as I hope, the Soviet authorities share my government's desir to alleviate conditions which are oppressive to the German people may I ask you to indicate to me at an early date that you are not ready to take steps to have the above measures put into effect? With regard to the further proposals made in my letter of February 22, I suggest that, in every case in which we consider it useful, dis cussions should take place between German technical experts wit ! a view to reaching practical solutions which, once they are agreed should become effective without delay. I shall be ready, as I have already informed you, to furnish you with the names of the expert authorized to deal with these matters in respect of Western German who would then meet with corresponding experts to be nominate by you. If you agree with the foregoing, I suggest that the firs step should be for us to meet in order to draw up terms of referend which would enable the discussions between experts to begin at once 33. STATUS OF EAST GERMANY: Joint Declaration by the Unite States, British, and French High Commissioners, April 8, 1954 1 The Allied High Commission desires to clarify the attitude of the governments which it represents toward the statement issued a March 25 by the Soviet Government, purporting to describe a chang in its relations with the Government of the so-called German Demo cratic Republic. This statement appears to have been intended i create the impression that sovereignty has been granted to the Ge man Democratic Republic. It does not alter the actual situatie in the Soviet Zone. The Soviet Government still retains effectif control there. The three governments represented in the Allied High Commissie will continue to regard the Soviet Union as the responsible pove for the Soviet Zone of Germany. These governments do not recognis the sovereignty of the East German regime which is not based free elections, and do not intend to deal with it as a government 1 Department of State Bulletin, Apr. 19, 1954, p. 588; see also the stateme issued to the press by Lincoln White, press officer of the Department of State on Mar, 25, 1954 (ibid., Apr. 5, 1954, p. 511). * See the New York Times, Mar. 26, 1954. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1757 4 Ibid., pp. 879-880. They believe that this attitude will be shared by other states, who, like themselves, will continue to recognize the Government of the Federal Republic as the only freely elected and legally constituted government in Germany. The Allied High Commission also takes this occasion to express the resolve of its governments that the Soviet action shall not deter them from their determination to work for the reunification of Germany as a free and sovereign nation, 34. REMOVAL OF INTERZONAL BARRIERS: Letter From the United States High Commissioner 1 to the Soviet High Commis- sioner, May 24, 1954 3 I acknowledge receipt of your reply, dated April 17, 1954,4 to the second letter I had sent you, on March 17, 1954,5 putting forward positive suggestions for the elimination of unjustifiable obstacles which prevent freedom of movement for Germans between the different parts of Germany. In my letter of March 17, I drew your attention to unilateral measures which the authorities in the Soviet Zone could themselves take to this end without the need for any further consultation between us. I regret to note that no action has so far been taken by the authorities in the Soviet Zone to put these measures into effect and that you do not even refer to them in your reply. I further regret that you have made no response to my suggestion that arrangements should be made which would enable discussions to begin between German technical experts on those proposals in my letter of February 22 on which consultation is required. Instead you have invoked the Soviet Government's statement of March 26 (March 25] regarding the status of the German authorities in the Soviet Zone and you have once again repeated the Soviet proposal, which has already been rejected by my Government, for the establishment of "all-German Committees”. I must make it clear to you that my Government still regards the Soviet Union as the power responsible for the Soviet Zone of Germany. My Government does not recognize the sovereignty of the East German regime. In this connection, I take the opportunity of drawing your attention to the declaration made on April 8 by the High Commissioners of the United Kingdom and France and myself, a copy of which I enclose. You have also repeated your charges about alleged criminal organiza- tions which are said to be located in West Berlin. These charges are, as you have already been informed, without foundation. Your letter of April 17 therefore, since it introduces clearly unacceptable condi- 1 James B. Conant. 2 Vladimir Semenovich Semenov. Department of State Bulletin, June 7, 1954, pp. 880–881. 3 • Supra, doc. 32. Supra. 6 1758 AMERICAN FOREIGN POLICY, 1950–1955 karen- tions and unfounded accusations, does not make a positive contribution to the problem of removing the restrictions on freedom of movemen for the German people, and serves only to accentuate the presen division of Germany So long as this division exists it remains the duty of the fow occupying powers to do everything in their power to lessen the hand ships resulting from it. I do not intend to be diverted from thi constructive proposals I have already made to you and remain read to take all the measures indicated in my letter of March 17. I hop therefore that, in order that we may make genuine progress in matter which are of real importance to the German people, you will accep my proposals without further objections. 35. ALLIED POLICY TOWARD BERLIN: Declaration by the Foreign Ministers of the United States, the United Kingdom, ar France, October 23, 1954 1 With respect to Berlin, in addition to the Allied security guarante for the city in the London communiqué of October 3, 1954, thi Foreign Ministers of France, the United Kingdom and the Unite States have noted with deep satisfaction the close and friend cooperation between the Allied and Berlin authorities. The Thr Powers are determined to ensure the greatest possible degree of sel government in Berlin compatible with Berlin's special situation Accordingly, the three Governments have instructed their representa tives in Berlin to consult with the authorities of that city with a vie to implementing jointly and to the fullest degree possible the foregoin principles. 36. ROAD TOLLS IN THE SOVIET ZONE: Letter From the Unite States High Commissioner 3 to the Soviet High Commissione March 31, 1955 5 It has been brought to my attention that the East German autho ties propose to increase drastically, with effect from April 1, the fe which vehicles not registered in the Soviet Zone are charged for use of roads within the Soviet Zone. In practice, this measure wou affect primarily vehicles registered in the Federal Republic and Wa Berlin. The reason given for this measure is that additional funds & required to maintain the roads in the Soviet Zone. Substant . 1 Department of State Bulletin, Nov. 15, 1954, p. 732. 2 See article 5 of the tripartite declaration in section V of the Final Act of London Conference; supra, pp. 1482–1483. 3 James B. Conant. 4 G, M. Pushkin. 5 Department of State Bulletin, Apr. 18, 1955, p. 648. Similar letters. sent by the British and French High Commissioners. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1759 contributions are already being made by operators of Berlin and West German vehicles for this purpose. If there were actually any new problem in this connection, this could most appropriately be discussed by East German experts with the Treuhandstelle fuer den Interzon- enhandel. The proposed increases are, however, so exorbitant that they cannot be justified purely on economic grounds. Increases which would amount in many cases to fees of more than ten times the present rate would be so abnormal that this measure can only be regarded as politically inspired and intended to impede the free movement of persons and goods between the Federal Republic and Berlin, as well as between the Federal Republic and the Soviet Zone. Any action which might have this result would clearly conflict with the obligations contained in the New York and Paris agreements of May and June, 1949. I hope therefore that in view of the respon- sibilities of the Soviet authorities in such matters you will have the necessary steps taken to have the proposed measure withdrawn without delay. 37. ROAD TOLLS IN THE SOVIET ZONE: Letter From the United States High Commissioner 2 to the Soviet High Commissioner, April 15, 1955 4 3 In my letter of March 31% I drew your attention to the proposed introduction of drastic increases in the fees payable by vehicles not registered in the Soviet Zone for the use of roads in the Soviet Zone. I have received no reply to this letter and, despite my request that you should take the necessary steps to have the proposed measures withdrawn, the new fees were imposed with effect from April 1. As I pointed out in my letter to you of March 31, these increases are so exorbitant that they cannot be justified on economic grounds. It is estimated by competent experts that the revenue collected from the road tax in effect prior to April 1, which in 1954 is understood to have amounted to between DM 4,300,000 and DM 5,000,000, was sufficient to provide for the maintenance of highways in the Soviet Zone used by West German traffic. If, however, in view of the economic difficulties of the Soviet Zone, the East German authorities have been unable to provide the necessary funds for road maintenance without increasing their revenues from this tax, this should be a matter for consultation between the experts concerned. Nevertheless, although the West German experts in the Treuhandstelle have expressed the wish to discuss the matter on two occasions since the new fees were introduced, on April 7 and again on April 14, the East German See quadripartite communiqués of May 5, 1949 (ibid., May 15, 1949, p. 631), and June 21, 1949 (A Decade of American Foreign Policy, pp. 110–112). 2 James B. Conant. 3 G. M. Pushkin. Department of State Bulletin, May 2; 1955, p. 736. Similar letters were sent by the British and French High Commissioners. .----.-. 4 Supra. -..------- 1760 AMERICAN FOREIGN POLICY, 1950–1955 representatives have refused to do so. This refusal confirms the vie expressed in my letter of March 31 that the increases can only b regarded as politically inspired and intended to impede the fra movement of persons and goods between the Federal Republic an Berlin and between the Federal Republic and the Soviet Zone. At the sixth session of the Council of Foreign Ministers at Paris i June, 1949, the Soviet Government gave certain undertakings whil were set out in a communiqué issued at the close of the conferene These undertakings included the following statement: In order to improve and supplement this and other arrangements and agre ments as regards the movement of persons and goods and communications b tween the eastern and western zones and between the zones and Berlin and als in regard to transit, the Occupation Authorities, each in his own zone, will ha an obligation to take the measures necessary to ensure the normal functioni and utilization of rail, water and road transport for such movement of perso! and goods and such communications by post, telephone and telegraph. The arbitrary action of the East German authorities in imposin these exorbitant increases, on which there was no prior consultatio with the West German experts, is clearly inconsistent with th Soviet Government's undertakings, since it interferes with | "normal functioning” of road transport in the Soviet Zone. I therefore consider that the Soviet authorities are responsible : ensuring that these increases are withdrawn without delay. Sin a continuation of the present situation can only make for difficult in interzonal trade, affect the welfare of Berlin and lead to an increa in tension within Germany, I propose that the four High Commi sioners should meet in Berlin as soon as possible to discuss the sett ment of this problem. 38. ROAD TOLLS IN THE SOVIET ZONE: Letter From the Unite States High Commissioner 2 to the Soviet High Commissione May 2, 1955 I have received your letter of April 30, 1955 5 in which you indick your readiness to accept my proposal for a meeting to discuss t problem arising from the imposition by the East German authorit of exorbitant increases in the charges payable for the use of roads the Soviet Zone by vehicles not registered in that zone. I cannot accept that this matter, insofar as it concerns traffic tween the Federal Republic and the Soviet Zone and between ! Federal Republic and Berlin, is solely within the responsibility the East German authorities. On the contrary, in view particular 1 See the communiqué of June 21, 1949; A Decade of American Foreign Poli pp. 110-112. 2 James B. Conant. 3 G. M. Pushkin. * Department of State Bulletin, May 23, 1955, p. 834. The British and Fref High Commissioners sent similar letters to the Soviet High Commissioner. 8 Ibid. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1761 1 ! : ! 1955 3 S 1 ! 1 4 Ibid., Oct. 10, 1955, pp. 559-560. of the four-power agreements of May and June, 1949, I must insist on the responsibility of the representatives of the four powers in Ger- | many regarding this matter which directly affects the normal func- tioning of such traffic. In the light of the foregoing, I suggest that we meet to discuss this matter on May 7 at 3 p. m. in the Allied Control Authority Building in Berlin or, should you prefer, in your office.? 39. ROAD TOLLS IN THE SOVIET ZONE: Communiqué by the American, British, and French Ambassadors to Germany, May 20, The French Ambassador to the German Federal Republic, M. François Poncet, the United States Ambassador, Dr. James B. Conant, and the British Ambassador, Sir Frederick Hoyer Millar, met today with the Soviet High Commissioner, Mr. G. M. Pushkin, to discuss the question of tariffs on highway traffic to Berlin which have been imposed by the Soviet Zone authorities. The meeting took place at Mr. Pushkin's office in the East Sector of Berlin. The Western ambassadors proposed that German experts be designated I to study the problem and agree upon a solution to be recommended. The Soviet High Commissioner rejected this proposal and declared that the matter was solely within the competence of the East German authorities. He stated that the question could be solved only by direct discussions between the West and East German authorities, and did not fall within the scope of the Four-Power Agreements of 1949. In view of this attitude, it was decided by the three ambas- sadors that the question should be referred to their respective 1 governments, 40. THE SOVIET UNION AND EAST GERMANY: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France, September 28, 1955 4 The Foreign Ministers of the United States, the United Kingdom, and France wish to make known their view on certain points in con- nection with the agreements of September 20, 1955, as reported in the press, between the Soviet Union and the regime in the Soviet zone of Germany. They wish in the first place to emphasize that these agreements See the communiqué of June 21, 1949; A Decade of American Foreign Policy, pp. 110-112. 2. In subsequent correspondence it was agreed to hold a meeting in Mr. Push- kin's office on May 20. [Note in Department of State Bulletin.] Department of State Bulletin, June 20, 1955, p. 997. 5 For the texts of these agreements, see Documents on American Foreign Rela- tions, 1955 (New York, 1956), pp. 108-112. . } i 21 1 415900—-57Vol. 28 1762 AMERICAN FOREIGN POLICY, 1950–1955 cannot affect the obligations or responsibilities of the Soviet Union under agreements and arrangements between the Three Powers an the Soviet Union on the subject of Germany and Berlin. The Sovie Union remains responsible for the carrying out of these obligation Secondly, the three Foreign Ministers reaffirm that the Feder: Republic of Germany is the only German Government freely an legitimately constituted and therefore entitled to speak for German as the representative of the German people in international affair These three governments do not recognize the East German recin nor the existence of a state in the Soviet zone. Finally, as regards a statement which has recently appeared in th Soviet press on the frontiers of Germany, the three Foreign Minister reaffirm the repeatedly expressed position of their Governments the the final determination of the frontiers of Germany must await peace settlement for the whole of Germany. 41. THE SOVIET UNION AND EAST GERMANY: Note From the American Embassy at Moscow to the Soviet Foreign Ministry October 3, 1955 2 The Government of the United States of America, in agreement wit the Governments of the United Kingdom and France, wishes to mak known its position with regard to the agreements concluded at Mosco on the 20th of September 1955 between Marshal Bulganin and M Grotewohl, as published in the press.3 The three Governments declare that these agreements cannot affen in any respect or in any way the obligations or responsibilities of thi U.S.S.R. under agreements and arrangements on the subject Germany, including Berlin, previously concluded between France, the United States, the United Kingdom and the U.S.S.R. The three Governments consider that the U.S.S.R. remains boun by the engagements which it has assumed vis-à-vis the Three Power concerning Germany, and that, in particular, the letters exchange between Mr. Zorin and Mr. Bolz on the 20th of September 1955 canna have the effect of discharging the U.S.S.R. from the responsibilita which it has assumed in matters concerning transportation an communications between the different parts of Germany, includin Berlin. ! : 1 An announcement was issued in Moscow, Sept. 15, 1955, declaring question of the frontiers of Germany was solved by the Potsdam Agreement 2 Department of State Bulletin, Oct. 17, 1955, p. 616. Similar notes were delivered on the same day by the British and French Embassies. See also th Soviet note of Oct. 18, 1955 (ibid., Nov. 7, 1955, pp. 734-735) and the America note of Oct. 27, 1955 (ibid., p. 734). 3 For the texts of these agreements, see Documents on American Foreign Rele tions, 1955 (New York, 1956), pp. 108–112. ܐ ܝܘܪܚܚܤܝܫܚܚܫܝܝܺܝܺܪܝܺܚܚܩܫܘܡܚܝܐܚܫܘܰܚ̈ܕܚܚܪܚܕܫܪܝܪܐܩܛܠܐܝܰܫܪܕ݂ܝܺܐܺܚ GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1763 42. DETENTION OF AMERICAN CITIZENS IN EAST BERLIN: Letter From the United States Commander 1 to the Soviet Com- mander, November 28, 1955 3 4 DEAR GENERAL DIBROVA: I wish to bring to your attention the latest example of the lawless action of the "Peoples' Police” in the Soviet sector of Berlin. This incident occurred yesterday about noon in the vicinity of the Soviet Garden of Remembrance in Treptow. It involved two members of the Congress of the United States of America, the wife of one of the Congressmen, and an officer of the United States Army who is under my command. As the party was about to leave the Garden of Remembrance in an official military vehicle of Berlin Command, a member of the "Peoples' Police” ordered them to remain on the spot. The policeman then demanded that the keys of the vehicle be handed over to him, and after a show of reluctance on the part of the United States Army officer the policeman drew his pistol from his holster and cocked it menac- ingly. Under this threat, the officer handed over the keys. When the officer attempted to use the radio telephone in the vehicle in order to inform this Headquarters of the incident, he was prevented from doing so by another policeman who likewise drew his pistol from his holster and cocked it in a threatening manner. The reason given by the policeman for this ruffianism was that it was forbidden by the laws of the so-called German Democratic Re- public for a foreign power to maintain and operate radio transmitters in vehicles. After approximately three hours of detention by policemen, the party was forced to follow a Soviet official in a Soviet vehicle to your Headquarters at Karlshorst. They were in turn followed by the armed policemen in their vehicle. At that time the Provost Marshal of Berlin Command arrived at Karlshorst and was received by Colonel Kotsiuba. According to the Provost Marshal's report, Colonel Kotsiuba affirmed the statement of the policemen that the party had violated the laws of the “German Democratic Republic." The party was eventually released approximately four hours after if their original detention. I wish you to know, General Dibrova, that of all the incidents which have affected the relations between our two Commands during the past few years, I consider this one by far the most serious. I insist that an explanation be given why the policemen assumed the authority to interfere with the liberty of the United States officials, and, further- more, why they acted in a manner so calculated to terrify defenseless persons, including a woman. I cannot understand how Colonel Kotsiuba could condone such actions. 1 Maj. Gen. Charles L. Dasher. Maj. Gen. P. L. Dibrova. Department of State Bulletin, Dec. 19, 1955, pp. 1012–1013, * Those detained were Rep. and Mrs. Harold C. Ostertag, Rep. Edward D. Boland, and Lt. James T. McQueen. [Note in Department of State Bulletin). • Col. I. A. Kotsiuba, deputy to the Soviet Commandant in Berlin. nie -cris 2013 2 3 1764 AMERICAN FOREIGN POLICY, 1950-1955 If the report of Colonel Kotsiuba's statement with regard to the laws of the “German Democratic Republic" is correct, I wish to answer quite clearly that the laws of the "German Democrati Republic" can have no applicability whatsoever to the incident whid I have described to you. Finally, I expect you to take immediate measures to prevent repetition of such incidents which, I am sure you must agree, are violation of the established policy of free circulation in Berlin. It the meantime, I do not intend to alter the practice of maintaining radio transmitters in vehicles of Berlin Command entering the Sovie sector of Berlin, nor do I intend to tolerate any further molesting o United States personnel by members of the "Peoples' Police”. 43. DETENTION OF AMERICAN CITIZENS IN EAST BERLIN Note From the American Ambassador to the German Federa Republic to the Soviet Representative in the Soviet Zone December 1, 1955 3 On November 29, General Dasher, the United States Commandar in Berlin, called on General Dibrova, the Soviet Commandant, protest against an incident which occurred on November 27.4 Thi incident involved the unwarranted detention in the Soviet sector Berlin of an American military vehicle of the Berlin command, an its occupants, including two members of the Congress of the Unite States of America, I am informed that General Dibrova refused to accept Generd Dasher's protest and that in justification he made certain assertion concerning the applicability to this case of the laws of the “Germa Democratic Republic' and the relationship between the Soviet secto of Berlin and the “German Democratic Republic". I must renew the protest made by General Dasher against interfer ence with the freedom of Allied circulation in Berlin and against the grossly discourteous and threatening conduct displayed toward Unite States citizens by persons acting under Soviet authority and contro I do not consider the attempted justification of this incident to acceptable. As for General Dibrova's assertions, they are wholly inconsisten with the quadripartite status of Berlin. The position of my govern ment as regards the status of Berlin, and its attitude to the so-calle German Democratic Republic, are well known to you as a result : numerous communications on these subjects from my government ! your government over a considerable period of time. You will thus appreciate that the United States Government mu 1 ) 1 James B. Conant. 2 G. M. Pushkin. 8 Department of State Bulletin, Dec. 19, 1955, p. 1013. Notes were au delivered by the British and French Ambassadors. See also Ambassador Conanti statement of Dec. 2, 1955 (ibid., pp. 1013-1014). 4 See General Dasher's letter of Nov. 28, 1955, to General Dibrova; supra GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1765 continue to hold the Soviet authorities responsible for the welfare and proper treatment of all United States citizens during their presence in those areas, including the Soviet sector of Berlin, which are subject to Soviet authority and control. 44. STATUS OF BERLIN: Remarks to the Press by the Secretary of State, December 6, 1955 1 Q. Mr. Secretary, would you comment on the events in Berlin during the last week? A. Well, do you refer to the retention, temporarily at least, of these two Congressmen that were there, or the barges? 2. I was thinking specifically of the barges and the larger issues raised on the status of the city. A. Well, the action taken about barges, which now is reported very largely in the press, is action that was taken last October. It is nothing that took place last week. So far there has not been any interruption of the normal movement of traffic through the canals, and we have no evidence to anticipate that there will be, although that is always a possibility. But we expect that the Soviet will respect, and assure respect for, the agreement that was made in Paris in June, I think it was, 1949 with respect to assuring the normal access, by rail and water, of the West to Berlin.2 We take the posi- tion, as you know, that nothing that the Soviet itself can do can re- lieve the Soviet of its international obligations. We expect to hold the Soviet to its international obligations. We have no evidence as yet that those international obligations will be violated. 2. Mr. Secretary, did the United States concur in that British conces- sion that the East German Government could control the inland water- ways? This decision, you say, was reached last October. A. The announcement that the licenses would be issued by the East German regime, the so-called GDR, with authority in East Ber- lin , was, I think, acquiesced in by the British, in whose sector is, I think, the barge terminal. That took place, as I recall, last October. Now that did not involve, of course, any recognition of the exclusive 1 authority of those German Communist authorities in that zone over the area, or any waiver of the rights which we have under the Paris agreement of 1949. If the Soviet chooses to carry that out through agents, that is its affair. But to us, the primary obligation still remains that of the Soviet Government. Department of State Bulletin, Dec. 19, 1955, pp. 1010–1011. See the quadripartite communiqué issued at Paris, June 21, 1949 (A Decade of American Foreign Policy, pp. 110–112) and the quadripartite communiqué released at New York, May 5, 1949 (Department of State Bulletin, May 15, 1949, p. 631). Oto vs. 1766 AMERICAN FOREIGN POLICY, 1950–1955 C. RELATIONS WITH AUSTRIA, 1950-1955 45. COMMUNIST DISTURBANCES: Statement to the Press the Acting Secretary of State, October 6, 1950 2 The firmness and determination with which the Austrian peop have reacted to the recent Communist-inspired disturbances Austria and the prompt and courageous action taken by the Austria Government and police to maintain law and order are heartening, am sure, to the American people as a whole. The actions of th Austrian Government in this respect have the full support of the Government. The agreement on control machinery, signed by the four occupyi: powers on June 28, 1946,3 provides that the Allied Commission she assist the Austrian Government to recreate a sound and democrati national life based on respect for law and order. This agreemer charges the Allied Commission with responsibility for maintainis law and order if the Austrian authorities are unable to do so an authorizes the High Commissioners to act independently to mar tain law and order in their respective zones in the absence of actid by the Allied Commission. Needless to say, this Government w take all proper action to fulfill its international commitments wil respect to the maintenance of law and order in the areas of its respot sibility in Austria. . 46. COMMUNIST DISTURBANCES: Message From the Action Secretary of State 4 to the Austrian Chancellor, October 7, 1950 : I have just received your telegram of October 57 addressed Mr. Acheson in which you refer to the urgent request submitted your Government to the Allied Council to take immediately appre priate measures to enable the Federal Government to accomplish constitutional duties and appeal to the U.S. Government as an occ pying power to support your Government in its efforts to maintai order. The actions taken by your Government to maintain law and ord 1 in the face of recent Communist-inspired and Soviet-supported turbances 8 have the full support of this Government. I am po ticularly gratified at the courageous and determined manner in whin 1 James E. Webb. 2 Department of State Bulletin, Oct. 16, 1950, p. 616. - 3 A Decade of American Foreign Policy, pp. 614-620. 4. James E. Webb. 5 Leopold Figl. 6 Department of State Bulletin, Oct. 23, 1950, P, 657. 7 The telegram of October 5 was from Karl Gruber, the Austrian Forex Minister; ibid. 8 See the note of Nov. 10, 1950, from Adm. Alan G. Kirk, American Ambas dor at Moscow, to Andrei Gromyko, the Acting Soviet Foreign Minister; in 1 ابان بن تن 8 be GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1767 your Government and the Austrian people have met and are meeting their responsibilities in the face of these illegal acts. Please be assured that this Government will take all proper action to fulfill its international commitments with respect to Austria and in particular to assure the maintenance of law and order in the areas of its respon- sibilities in Austria. Appropriate instructions are being issued to the United States High Commissioner. I issued a statement to the press along the foregoing lines shortly prior to the time your telegram came to my attention and I hope that my views, and I am sure I speak for the American people as a whole, will serve to assure your Government and people of our confidence in them and of our deep appreciation of the firmness of purpose which they have displayed in their efforts to maintain independence and freedom of action under these trying circumstances. 47. COMMUNIST DISTURBANCES: Note From the American Ambassador at Moscow ? to the Acting Soviet Foreign Minister, November 10, 1950 4 3. The Ambassador of the United States of America presents his compliments to the Acting Minister of Foreign Affairs of the U.S.S.R. and has the honor to invite the Acting Minister's attention to the discussions which took place in the Allied Council in Austria on Octo- ber 13, 1950, during which the Soviet representative maintained the untenable point of view that mob violence in the Soviet zone of Austria is not properly the concern of the Allied Council and that actions taken by a local Soviet commander may not be discussed by the Council. This assertion cannot, of course, be accepted by the Government of the United States since the control agreement for Austria of June 28, 1946, makes it clear that the Allied Council may and should concern itself with any matter relating to the maintenance of law and order and with any derogation of authority guaranteed by agreement to the Austrian Government. The Soviet Government must be fully aware of the incidents which gave rise to the statement of the Soviet representative in the Allied Council, the more so since he, himself, at no time denied that they had occurred. However, for convenience, they are briefly recapitu- In the course of demonstrations in the Soviet zone of Austria on October 4 and 5, 1950, the Soviet commander in the city of Wiener Neustadt obstructed efforts of the Austrian police to restore general order and ordered the police to return the federal post office to the control of the lawless mob, which had been ejected by the police, after it had illegally occupied the building. Further, this Soviet lated below: 1 Supra. 2 Adm. Alan G. Kirk. 3 Andrei A. Gromyko. 4 Department of State Bulletin, Nov. 20, 1950, p. 819. • A Decade of American Foreign Policy, pp. 614-620. اكلتكهناتهم تتعانقدژنكت عن نفخ 1768 AMERICAN FOREIGN POLICY, 1950–1955 I & commander ordered the withdrawal of the police sent to Wiene Neustadt by the recognized Austrian authorities to maintain orde and to protect life and property from the rioters. In taking these measures, the Soviet commander threatened that the Soviet armed forces would act against the Austrian police should they fail to compl with his orders. The law enforcement activities of the Austrian Government han been further hampered by the Soviet officer who commanded the president of the Vienna police immediately to recall to the Sovie sector any police forces employed outside that sector, not to execuk the orders for dismissal and transfer of Austrian police officials withon the consent of the Soviet element of the Interallied Command, an to forbid the employment of police forces of the Soviet sector Vienna in any other sector. As stated above, the Allied Council, by its terms of reference, cleart is called upon to concern itself with the maintenance of law and orde in Austria. Thus, article 3 D of the control agreement requires th Allied Commission to assist the Austrian Government to assume fil control of the affairs of state in Austria. Suppression and obstructie of police is patently inconsistent with this objective, and it is clear the responsibility of the Allied Commission to assist the Austrik Government to recreate the respect for law and order. The suppa of elements of the population acting against the authority of ti Austrian Government and its police and forcing the surrender of government building to a rioting mob are contrary to this princip and call for action by the Allied Commission. The Allied Commission did not consider that any of the three con tions set out in article 2 C of the control agreement under which the were empowered to act directly rather than through the Austri Government was relevant in this case, The Allied Commission, the fore, took no action. Paragraph 2 D of the control agreement wbi authorized in certain circumstances independent action by the Hi Commissioners in the absence of action by the Allied Commission equally inapplicable in this case. The Soviet commander had ! justification to maintain law and order at Wiener Neustadt sin Austrian authorities had already done so. Article 1 of the control agreement states unequivocally that authority of the ustrian Government shall extend fully through i Austria with two exceptions, execution of directions from the AB t Commission and questions defined in article 5. In these recent event the Allied Commission had issued no directives and certainly no siti t tion existed in which article 5 would apply. Any move to immobil the police and to establish internal boundaries of their authority is ] conflict with the duties of the signatories of the control I The Government of the United States protests most emphatice against the perversion by the Soviet representative in the All i Council in Austria of the clear language and intent of the cont agreement of June 28, 1946, in attempting to justify unilateral contr over the Austrian police which would restrict or eliminate the author of the Austrian Government in a part of its territory. The Unl a 7 agreeme T . : GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1769 States, therefore, calls upon the Soviet Government to issue appro- priate instructions to the Soviet authorities in Austria to desist from interfering in the police functions of the Austrian Government. 48. TRAVEL REQUIREMENTS: Statement to the Press by the Department of State, November 20, 1950 1 The Department of State announced today that effective December 1, 1950, no Allied Force permits will be required of American citizens desiring to enter the United States, United Kingdom, or French zones of Austria. On the basis of a bilateral United States-Austrian agreement, citizens of the United States will be able to enter Austria on the basis of a valid American passport only. However, in order to travel into the Soviet zone of Austria and to Vienna, the occupational force travel permit (grey pass) will continue to be required. The United States, United Kingdom, and French Governments have taken this step in abolishing the requirement of Allied Force permits into their zones of Austria in accordance with their desire to normalize the relations between Austria and the occupation powers and to discontinue as far as possible all restrictive controls in Austria. 49. SOVIET INTERFERENCE IN AUSTRIAN AFFAIRS: Note From the American Ambassador at Moscow ? to the Acting Soviet Foreign Minister, November 22, 1950 4 i 1 The Ambassador of the United States of America presents his compliments to the Acting Minister of Foreign Affairs of the U.S.S.R. and has the honor to invite the Ministry's attention to questions which were raised in the Allied Council in Austria on November 10, 1950 re unjustified Soviet interference in the administration of Austrian law enforcement agencies since disturbances on October 4, 1950, which were the subject of his government's communication of November 10, 1950. The Government of the United States has been informed that , contrary to established Four Power agreements and practices, the local Soviet authorities have endeavored arbitrarily to prevent the Austrian Government from implementing disciplinary measures against certain malfeasant police chiefs in the Soviet sectors of Vienna. Information available to this government reveals that, under the protection and orders of Soviet officials, suspended police chiefs have defied legal and constitutional authority of the Federal Police- President, and have forbidden their subordinates to communicate with the central Austrian authorities without their consent. The 1 1 Department of State Bulletin, Dec. 4, 1950, p. 895. 2 Adm. Alan G. Kirk. 3 Andrei A. Gromyko. * Department of State Bulletin, Dec. 4, 1950, pp. 894–895. 6 Supra, doc. 47. 1770 AMERICAN FOREIGN POLICY, 1950-1955 Soviet representative in the Vienna Inter-Allied Command has fur ther aggravated this cleavage in the Austrian law enforcement orga ization by unilaterally ordering the Federal Police-President to with draw administrative actions of any nature affecting police personne in the Soviet Zone unless prior approval has been obtained from Soviet authorities. Without regard to the obligation for quadr partite agreement in matters affecting the Austrian police, the Sovie Commander unilaterally ordered the Austrian Government to quas criminal proceedings against certain Vienna police officers and other arising from their violation of Austrian laws during recent disorder in Vienna. Soviet orders further prohibit either criminal or dis plinary actions against any Austrian police officers in the Soviet Zon Such orders not only constitute a violation of the Control Agreement but a serious impairment of power of the federal police to discharg their duty of maintaining law and order. The Federal Chancellor of Austria in letters of October 24 and 2 presented evidence to the Allied Council of the above illegal acts an clearly established that the Soviet occupation authorities interven to prevent the exercise of the legal right of the Austrian Governme to suspend the police chiefs of the second, fourth, twentieth, twenty first, and twenty-fifth bezirke of Vienna. The Chancellor's com munication verified the report that the execution of instructions the central police officials was made dependent upon their approve by the Soviet authorities, The position adopted by the Soviet authorities fails to take inte account the fact that the Allied Council has entrusted til Austrian Government with responsibility for the maintenance of lo and order. Their actions likewise clearly contravened the provisio of Article 2 of the Control Agreement, which sets forth the cond tions under which any one of the occupying authorities may independently. There is no evidence that the Austrian authorities in the admin tration of their police are or have at any time been unable to mai tain law and order except to the extent they have been prevente from doing so by Soviet intervention. When confronted with the Chancellor's charges in the Alli Council, the Soviet High Commissioner adopted the indefensil attitude that he was entitled under the Control Agreement to act his own authority in questions concerning police in the Soviet secta of Vienna. Despite the joint responsibility of the four High Comm sioners for the conduct of occupation affairs, the legal basis of whit was set forth in this Embassy's note of November 10, 1950, despite a precedent of four years of discussion of Austrian poi matters, the Soviet representative in the Allied Council decling either to deny the Austrian allegation or to present a satisfactof explanation to other members of the Council. Furthermore, 1 Soviet High Commissioner did not attempt to explain why he by failed to make use of the facilities established by Article 6 (B) of t 1 See United States Forces in Austria, Report of the United States High Com missioner, No. 52. | 82 1 1 ! GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1771 1 Control Agreement in order to bring to the notice of the Allied Coun- cil his disapproval of administrative actions of the Austrian author- ities, and thus to enable the Allied Council to take, if it thought necessary, the action foreseen by that article. These matters, following upon the events communicated in the Embassy's note of November 10, 1950, are brought to the attention of the Government of the U.S.S.R. because of the grave consequences to our common objective in Austria if international agreements con- tinue to be disregarded. In consequence, the Government of the United States is obligated to renew most vigorously its protest against the actions of the Soviet occupation authorities and particularly against their usurpation of the clearly defined powers of the Allied Council. The Government of the United States once again requests the Soviet Government to issue appropriate instructions to its author- ities in Austria to conform strictly to the solemn obligations entered into by the Four Powers, with a view to avoiding a serious deteriora- tion of functioning of the quadripartite machinery in Austria. 50. REPLY TO SOVIET CHARGES REGARDING AMERICAN POLICY: Statement Before the Allied Council by the United States High Commissioner, October 12, 1951 2 نشاندهنده بماننشینند At the last meeting of the Allied Council the Soviet High Commis- sioner 3 was prompted to make a statement under the item, "Any Other Business," on a subject which, I should have thought, be would have preferred to avoid in this body: namely, the exploitation of Austria, and remilitarization. As I indicated at that meeting, I also should like to ask the question: "Who is exploiting Austria” and "Who is supplying visible evidence of militarization” at this time? It seems to me that our Soviet colleagues would have the Austrian people not believe their own eyes. He referred to jet airplane fac- tories, V-2 plants, and a number of other alleged and mysterious military enterprises which, he charged, were to be found in the American zone of Austria. The charges were so preposterous that I at once extended an invitation to General Sviridov on behalf of General Irwin 4 to come and see these imaginary installations for himself. Not having heard from General Sviridov, I took pleasure in allowing three Soviet newspapermen to tour the zone in hopes they would present a true picture to General Sviridov. The failure to accept my invitation can only be taken as an admission on the part of the Soviet High Commissioner tbat the charges are in them- Within the mass of Soviet charges I managed to sort out two specific claims: that the Steyr-Daimler-Puch underground aircraft factory selves ridiculous. 2 3 Walter J. Donnelly, Department of State Bulletin, Oct. 29, 1951, pp. 691-693. Vladimir P. Sviridov. * Lt. Gen. Leroy Irwin. 1772 AMERICAN FOREIGN POLICY, 1950–1955 ] 1 ) in reviving the Austrian steel and aluminum industry-a vital asset at Linz and the Eichlinger V-2 factory at Hallein "were fully pre served.” What nonsense! Categorically, here and now, I should like to state that all factories in the U.S. zone which formerly pro- duced armaments for the German Army under the Nazi regime have either been destroyed, abandoned, or are engaged in the manu facture of articles for peacetime consumption. The underground aircraft factory which has so upset the Soviet Element is an empt hole in the ground. It is a simple matter of arithmetic—when you remove a hole in the ground you merely leave a bigger hole. The Soviet spokesman is privileged, of course, to pursue such fantasies to the end of the rainbow, but I suggest a return to reality. Today is not the first time that these Soviet charges have been refuted. The U.S. High Commissioner presented assurances to the Allied Council on September 13, 1946, that his zone had been properly demilitarized in accordance with the control agreement. This wa reaffirmed on several subsequent occasions, notably on December 23 1947. The Allied Council reported to the Council of Foreign Min isters on February 8, 1947, that there were no military or park military organizations in existence which were known to the Allied Council, that all known military armament and equipment had been destroyed or rendered useless or entirely removed from Austria a taken over by the Occupying Powers, that all known military instal lations had been destroyed or dispersed except those in use by the Occupying Powers, and that all industrial enterprises and all know technical, scientific, and research institutions formerly employed ir the production of, or research in, military armaments had been demilitarized and placed under the supervision of the Occupying Powers in their respective zones. Again, the Allied Council an knowledged on December 23, 1947, that all former war factories in spected by the Military, Naval, and Air Directorates were now engaged entirely in peacetime production. ECA CONTRIBUTIONS TOWARD AUSTRIA'S REHABILITATION I would be the first to agree that the Marshall Plan, in which the Soviet Element sees a spectre of disaster for Austria, has spen hundreds of millions of Schillings on improving roads and com munications, building dams, repairing bridges, and providing ner dwellings along with the power and light to go into them. The US Element, of course, is proud of the extensive contributions the U.S. people have made toward Austria’s rehabilitation-and the pattern of Éca investments represents the most effective use to which the Austrian Government has been able to apply this aid. The fack are that, so far, the Austrian authorities have seen fit to invest their ECA funds as follows: 873 million Schillings in manufacturing . 2,715,000,000 Schillings toward improvement of transportation and communications, and 762 million Schillings for other purposes as housing and the tourist industry. EcA has, in addition, assisted to this country in its struggle to meet its own needs and win back ik commercial position in the world. I am sure that the Soviet Ele sud GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1773 zone, ment would be pleased to see the discontinuation of Eca with its consequences of impoverishment and unrest, but I can assure it that it is our desire and the desire of the Austrian people that it be continued-and it will be continued. In the minds of more objective experts, Austrian production, including that aided by Eca, is entirely devoted to peacetime goods. In interpreting the Soviet definition of "military-industrial po- tential" my attention was drawn to a statement by the Soviet Element in an executive committee meeting some years ago, in which a button factory was labeled as "military potential,” since it might be converted to producing buttons for military pants. If buttons are militarily dangerous, then so are kitchenware, knitting needles, cosmetics, cigarettes, bicycles, farm tractors, and plows, and alſ other similar items now being produced in the Western zones-at least to the person who cannot get war out of his mind. In expressing compassion for the heavy burden borne by the Aus- trian workers, the Soviet Element neglects to add that first and fore- most, they must pay for the continued maintenance of a Soviet field army of upward of 50,000 men in the Soviet zone of Austria. The Austrian worker, farmer, and businessman must also continue to defray in tax payments the cost of housing requisitioned for these Soviet forcesma mass of buildings which has been estimated as amounting to one-third of all the available housing in the Soviet The Soviet High Commissioner speaks of military installations in Western Austria, which I have invited him to come and inspect. He does not speak of the vast Soviet training area of Doellersheim, from which Austrian farmers have been evicted; he says he does not even know the location of it. Here, to refresh his memory, is a map showing the location of Doellersheim- an area larger than the city of Vienna. On it you will also find the Soviet military bastion of Baden. You will find the Soviet maneuver area at Apetlon. You will find the locations of the military airfields used by the Soviets for their fleets of jet and bomber aircraft. DISMANTLING OF AUSTRIAN INDUSTRY The Soviet High Commissioner voices his concern about the uses of some of the Marshall Plan funds that are being put into Austria. Let me remind him of the extent of what the Soviets, for their part, are taking out of Austria. Let us begin by recalling that dismantlings of Austrian industrial equipment upon order of the Soviets reached a total value of over 200 million dollars. Then, Soviet removals of Austrian oil, shipping and rolling stock from 1946 through the first half of 1951' are estimated as having reached a total of another 150 Let us talk about Usia (Soviet-Controlled Austrian Enterprises), the industrial grab-bag into which the Soviet Element has thrown some 350 Austrian manufacturing and commercial concerns in order to serve itself. Yet Usia enterprises, vital to Austria’s lifeblood as they are, have been snatched away from the Austrian people. They million dollars. 1774 . AMERICAN FOREIGN POLICY, 1950-1955 pay no normal taxes-a fact which has so far deprived the Austrian Government and people of fully half a billion Schillings of revenue. They live outside the law; they ignore all Austrian social security legislation. They drain off Austrian natural and industrial wealth to the East-billions of Schillings' worth within the last 4 years, and bring back nothing in return. It is imperialism of the crudest sort. It is not only a monopoly, but a colonial monopoly, gutting the central part of Europe, and this in the year 1951. I find that the antiquated Soviet charges of Austrian army for- niations have been well aired in past Allied Council meetings. I believe the U.S. High Commissioner aptly presented the U.S. viewpoint in the Allied Council meeting of April 28 last year. The fact that 5 years after these spurious assertions were begun finds Austria without a single soldier gives ample proof of the counterfeit nature of these empty allegations. I need only refer the Soviet Element to the speech made by Foreign Minister Gruber last Satur- day for a very effective reply to these charges. The training of the gendarmerie, to which the Soviets objected, is only that which ang modern police force receives. The Soviet disappointment at the existence of an efficient police and gendarmerie is understandable, since these law enforcement agencies constitute the principal ob- stacles to the promotion of internal disorders so necessary to the objectives of Soviet puppets whose loyalty lies not with Austria. I would like to discuss the kind of peace that reigns in the Soviet In the last 6 years, the Soviet zone and sector of Vienna have been the scene of hundreds of abductions of Austrian citizens, al of whom have vanished without known charge or trial into the dark- ness of the interior. Is it "peace” when an Austrian police inspector, Marek, is sud- denly and secretly whisked away—and when 3 years pass before the Soviet Element casually admits his abduction? Or take the case of Paul Katscher, also seized and deported back in 1948. He died in captivity that same year. How do we know? Because the Soviet Element finally got around to admitting it—2 years later. Soviet zone last month, a tank company of the Soviet army wen out for a shoot and casually blasted a terrified little village named Breitenbrunn, I was struck with the peculiar similarity of General Sviridov's statement and that made by the Soviet Element on January 16, 1948. From a close comparison, they appear to be the same barreu! tirade. Yet in spite of all the dire predictions of Austria's militar might, we find 342 years later a country completely devoid of national military forces, and instead, devoting its energies entirely to peaceful ! pursuits. Such cannot be said of Austria's eastern neighbors who. under the compulsion of the U.S.S. R. and against their own wishes . are now engaged in an intensive rearmament, contrary to the peace treaties to which they acceded. zone. In the ( 1 1 1 Treaties of Feb. 10, 1947, with Rumania (TIAS 1649; 61 Stat. pt. 2, 1757); Bulgaria (TIAS 1650; 61 Stat., pt. 2, p. 1915); and Hungary (TIAS 16516 61 Stat., pt. 2, p. 2065). : نشعلهعع GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1775 U.S.S.R. CHALLENGED TO ACT ON AUSTRIAN TREATY General Sviridov's statement is replete with inaccuracies, misleading statements, and baseless allegations, designed for the sole purpose of trying to further frustrate a good Austrian people who have been subject to Soviet obstructionism and delaying tactics for the past 6 years. The Austrian people are fed up with the occupation. They want the occupying forces to leave the country, and they should leave, and they should have left a long time ago. If there is one iota of sincerity in the Soviet statements, then I challenge them to meet with the Western Powers at the earliest possible moment to conclude the State Treaty so that all of the occupying forces may withdraw from this country forthwith. We are sincere in this statement. It is now up to the Soviets to prove their sincerity, and make it possi- ble for the hundreds of prisoners of war and the kidnapped Austrians to return to their families. The United States has full confidence in the Austrian Government and the Austrian people, and it is committed to the policy of co- operating with them in rehabilitating their country and in reestab- lishing their independence and sovereignty, which was promised to them as long ago as the Moscow Conference of 1943. We will not deviate one moment from this policy. 51. SOVIET CHARGES AGAINST AUSTRIA: Instruction From the Secretary of State to the United States Representative on the Allied Councii,May 20, 1954 3 The attention of the world is concentrated primarily on the Geneva conference and Indochina at this time. Because of that, I wish to express my strong feeling that recent events in Austria should not go unnoticed. The preservation of the authority of the freely elected Austrian Government throughout Austria, in accordance with the Allied Control Agreement,' is, I believe, a matter of serious concern to all of us who live under similarly elected democratic governments. As you have reported, the Soviet High Commissioner in Austria on May 17 peremptorily summoned the Chancellor and Vice-Chan- cellor of Austria to his headquarters and there delivered a lengthy and virulent condemnation of the Austrian Government. This condemnation, which is clearly without foundation, included accusa- tions of hostile and subversive actions against the Soviet occupation. The accusations also included those of failure to comply with the provisions of the Allied Control Agreement and violation of the decisions of the Allied Council. Moreover, the Soviet High Com- See the Allied declaration of Nov. 1, 1943; A Decade of American Foreign Policij, p. 11. 2 Charles W. Yost. Department of State Bulletin, May 31, 1954, p. 824. 4 Agreement of June 28, 1946; A Decade of American Foreign Policy, pp. 614-620. 3 e I'A CI li be Berlin Discussions, January 25-February 18, 1954 (Department of State publi, 1776 AMERICAN FOREIGN POLICY, 1950–1955 missioner intensified the allegations, which the Soviet Foreign Minis- ter made officially at the Berlin conference as an excuse for refusing to grant Austria her long-promised independence, of Austrian plans for remilitarization and for an Anschluss with Germany. Perhaps most revealing of all were the charges against Mr. Helmer, the Aus- trian Minister of the Interior, and the threat that should the Austrian Government fail to take corrective action, then the Soviets themselves will be forced to take appropriate measures. These efforts are clearly meant to intimidate the government of & free people. The Soviets had already made plain at Berlin that they intend to remain in Austria indefinitely. They are not threatening to strengthen and expand their control in their zone of occupation. I was gratified to note that the formal charges of the representatives of the Kremlin were denied by the Chancellor and Vice-Chancellor in the best tradition of the courageous Austrian post-war Government coalition. If there have been Austrian ex- pressions of dissatisfaction over the nine-year occupation of a liber- ated country, surely the Soviet Government should find them neither surprising nor a threat to its own security. The Soviet High Commissioner gave the appearance of speaking on behalf of the Allied Council. I know of no foundation for the W Soviet charges, but in order to remove any possible Soviet misunder- Š standing of the United States attitude towards its latest actions, I , therefore, instruct you to request at the next meeting of the Allied Council consideration of the Soviet allegations and threats. Allied Council has not only powers in Austria but responsibilities toward her government and people. Any threat of further limitation to Austrian independence is & matter of grave concern not only to the Austrian Government but also to the other three occupying powers. Indeed such a threat could not but be a cause of concern to the entire free world. th DE st : 52. AUSTRO-AMERICAN RELATIONS: Joint Communiqué, November 26, 19542 The visit of the Federal Chancellor of Austria, Julius Raab, to Washington has provided a most welcome opportunity for big officials of the United States to become personally acquainted with the Chancellor and to review with him the international situation as whole. Matters of mutual interest to the governments of Austria add the United States were discussed. These discussions which began with the Chancellor's talk with the President of the United State 1 See Mr. Molotov's statement of Feb. 12, 1954; Foreign Ministers Meeting cation 5399; 1954), pp. 180-183. 2 Department of State Bulletin, Dec. 13, 1954, p. 910. The III So- 50 # th 罗​,日 ​GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1777 and Secretary of State, John Foster Dulles, on November 22 have been cordial, informative, and constructive. The prospects for a Treaty for Austria were reviewed and it was agreed that both governments would continue with determination to work together for a State Treaty which would provide for the with- drawal of all occupation troops from Austria at an early and fixed date. It was noted that the United States, Great Britain, and France had on November 18 [19] submitted to the Secretary General of the United Nations a report of their efforts to achieve an Austrian Treaty. 1 The Chancellor reviewed the political and economic situation existing in Austria today. The stability and progress achieved by Austria, in spite of the devastations of war and the burdens imposed by the continued occupation of the country, were recognized by the representatives of the United States as being a remarkable and concrete proof of the courage, resourcefulness and fortitude of the Austrian coalition government and its people. The Chancellor out- lined his plans and hopes for the further development of Austria's hydroelectric potential for the mutual benefit of Austria and neigh- boring states. Further development of these plans will be followed with great interest by United States authorities. The Chancellor held useful conversations with the Departments of State and of Defense on the question of further alleviating the burden of occupation by the release of requisitioned housing presently held by the United States authorities in Austria. Plans to this end now under consideration in the Department of Defense were reviewed. The question of claims by American citizens against the Austrian government_stemming from the Nazi occupation of Austria was discussed. It was agreed that a prompt and just settlement of these claims should be sought. The discussions held during the Chancellor's visit re-emphasized the friendly relationship which exists between the governments of Austria and the United States. By this visit the ties which link the people of Austria to the people of the United States have been further strengthened. 53. AUSTRIAN NEUTRALITY: Note From the Secretary of State to the Austrian Ambassador, December 6, 1955 3 The Secretary of State presents his compliments to His Excellency the Ambassador of Austria and has the honor to acknowledge receipt of the note of the Embassy of Austria dated November 14, 1955, informing him that the Austrian Parliament approved on October 26, 1 See infra, pp. 1877-1881. 2 Karl Gruber. i Department of State Bulletin, Dec. 19, 1955, p. 1012. 4 For the full text of the Austrian note, see ibid., pp. 1011-1012. 415900_57_Vol. 2 9 1778 AMERICAN FOREIGN POLICY, 1950–1955 ; and for the purpose of the inviolability of her territory, Austria declares of her “The Federal Government is charged with the execution of this Federal 1955, the federal constitutional law relative to the neutrality of Austria, which entered into force November 5, 1955.1 The Secretary of State has the honor to inform the Austrian Ambassador, in compliance with the request expressed in the note under acknowledgement, that the Government of the United States has taken cognizance of this constitutional law and recognizes the perpetual neutrality of Austria as defined therein. D. NEGOTIATIONS WITH OTHER NATIONS RE- GARDING GERMANY, 1950-1952 54. STATEMENT BY THE UNITED STATES HIGH COMMIS- SIONER, FEBRUARY 28, 19503 I have on two recent occasions in Berlin stated that the political unification of Germany on the basis of free all-German elections is a major objective of United States policy. The aspiration of the Germans for unity and freedom is now chal lenged by the Communists of the Soviet Zone, who offer the device of a so-called "National Front" as a means to "democratic unity. Elections in the East Zone now scheduled for October 15 are pro- claimed as affording an opportunity of expressing the people's wil But only one kind of freedom will be permitted expression at these elections: freedom to vote for a single list of candidates selected in advance only by the Party elite which executes dictates of the Soviet Union. In contrast to this travesty, the people of Western German enjoy the political freedoms so conspicuously absent in the East: the right to engage freely in party activity and the right to vote freely for any candidate. We understand the universal German urge for unification and com demn the exploitation of that feeling by dishonest devices such as the 1 The constitutional law provided as follows: "Article I "(1) For the purpose of the lasting maintenance of her independence externalle own free will her perpetual neutrality. Austria will maintain and defend this with all means at her disposal. "(2) For the securing of this purpose in all future times Austria will not jou any military alliances and will not permit the establishment of any foreign military bases on her territory. “Article II ... ... ... ... Constitutional Law.” 2 3 Documents on German Unity, vol. I (Frankfurt, 1951), p. 147. , . GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1779 Soviet-sponsored "National Front" and its proposed plebiscite. These devices fraudulently excite and exploit the natural wish of the German people for unity while denying to them the free and democratic processes by which unity can be attained. The reluctance of the Communist usurpers of East Germany to submit to free elections, or to permit the unification of Germany to proceed thereby, makes it abundantly clear that they are unwilling to trust the choice of the German people. My Government stands ready to assist the German people to achieve unity, based on true democratic principles and reflecting the aspirations of the entire German nation. Unity and freedom can be attained in Germany only if there be full and equal opportunity for all parties throughout Germany to propose candidates, advance programs, and compete for the electorate's favor. All candidates must be assured complete freedom of action without discrimination or official favoritism, together with access to all essential media of communication and material facilities. Every voter must be assured the protection of the law in the free expression of his opinion at the polls. The press must have unhindered access to all areas in order to report the election campaign accurately. Meanwhile, my Government is extending its full support to the Bundesrepublik, which has evolved from those democratic processes to which all Germans can aspire. 55. DECLARATION BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, MAY 14, 1950 1 In reaffirming the determination of their Governments to work together, in cooperation with the German Federal Government and all like-minded Powers, for the unification of Germany, the three Foreign Ministers agreed that German unity should be achieved on the basis of the following principles: (a) A freely-elected all-German government. (b) Individual freedom of movement, freedom from arbitrary arrest and detention, freedom of association and assembly, freedom of speech, press and radio throughout Germany. (c) Freedom of action throughout Germany for all. democratic political parties. (d) Independence of the judiciary. (e) Prohibition throughout Germany of political secret police and police formations constituting a military force. (f) Assurance of German economic unity through action by a German government on matters such as a unified currency and customs, and through quadripartite agreement on matters such as cessation of reparations from current production, and prohibited and limited industries. Department of State Bulletin, June 5, 1950, p. 885. 1780 AMERICAN FOREIGN POLICY, 1950–1955 ܚܝܚܪܚܪܪ * --, ----------------..-w: (g) Surrender and disposal, in accordance with appropriate Ger- man legislation, of any industrial enterprise in Germany whose owner- ship or control was acquired after May 8, 1945 by or on behalf of any foreign Power, unless such acquisition has quadripartite approval and the interest so approved is subjected to German Law. (h) Establishment of quadripartite supervision through a four- Power Commission, exercising its reserve powers in such a way as to permit the German Government to function effectively. The Foreign Ministers further agreed that the first step towards the restoration of German unity should be the holding throughout Germany of free elections to a Constituent Assembly. They, accord- ingly, welcome and endorse the resolution of the German Federal Republic of March 22, 1950,' inviting free all-German elections for national assembly empowered to frame an all-German constitution . These elections should be held under international supervision and on the basis of an electoral law to be agreed between the four Occupying Powers which would take into account the principles set forth above, The Constituent Assembly when elected should have the sole task of drafting a constitution for submission to the German people for ratification. Finally, the Ministers agreed that with the formation of an all- German government on the basis of the foregoing principles, the Four Powers should immediately address themselves to a peace settlement. . 56. LETTER FROM THE UNITED STATES COMMANDANT IN BERLIN 2 TO THE CHAIRMAN OF THE SOVIET CONTROL COMMISSION, MAY 25, 1950 4 DEAR GENERAL CHUlkov: Throughout the five year period during which our two governments have participated in the occupation of Germany, repeated efforts have been made to effect the political and economic unity of the country. The matter was recently reviewed again by the Foreign Ministers of the United Kingdom, France, and ! the United States at London. Their conclusions on the matter of ! German unification and the manner in which it might be accomplished are attached. (See Annex A.)5 This document has been transmitted i to the Chancellor of the German Federal Republic. You will note that the Ministers agreed that the formation of a all-German Government on the basis of the principles set forth in their statement would prepare the way for a peace settlement with Germany. In this connection, you will also have noted that in the C 8 t 4 1 Department of State Bulletin, June 5, 1950, p. 885. 2 Maj. Gen. Maxwell D. Taylor. 3 Gen. Vassily I. Chuikov. Department of State Bulletin, June 5, 1950, pp. 884–885. sent on behalf of the United States High Commissioner. The British and French High Commissioners sent similar letters. Tripartite declaration of May 14, 1950; supra. The letter was 1 6 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1781 public communiqué released by the Ministers on May 14,1 it was stated that the Western Powers did not contemplate the conclusion of a separate peace treaty with the Federal Republic: one considera- tion in the formulation of this conclusion was that the Western Powers believe that a separate peace treaty with one or more zones of occupation connotes acceptance of a concept of a more permanent partition of Germany. The Western Powers do not wish to associate themselves with any such concept. You will also note that the Ministers endorsed the resolution of the Federal Republic under date of March 22, which invited all- German elections to a National Constituent Assembly under condi- tions found to be acceptable to my government. A copy of the text of this resolution is attached (See Annex B), and I direct your atten- tion especially to paragraph i thereof, which suggests that the four occupation powers should assume the responsibility of framing an electoral law under which all-German elections might be conducted. My government would be prepared for me to share in the respon- sibility of framing an electoral law under which all-German elections, pointing toward the formation of an all-German Government in conformity with the principles set forth in the attached statement of the Foreign Ministers, could be held. Should your government declare its acceptance of these principles and be willing to share such responsibility, it is the belief of my government that any discussions on the subject should be conducted via the following principles: 1. Conversations would initially be undertaken at the level of the four Commissioners for the limited purpose of drafting an electoral law to implement the Federal Republic's proposal of free all-German elections for a National Constituent Assembly. The proposal to limit discussions to the framing of an electoral law proceeds from a belief that it is unrealistic to discuss or arrange the desired peace settlement until it is established that a unified German Government, freely elected, can be brought into being. 2. If agreement is reached on an electoral law, the way would be clear for the drafting by the elected representatives of the German people of a constitution for all Germany, within the framework of the principles set forth in the attached statement of the Foreign Min- isters, and for the emergence of an all-German Government. 3. A basis would thus be laid for the establishment of a four power commission which should exercise its reserved powers in such a way as to permit the German Government to function effectively. I would welcome your views on this subject. In view of the vital interest of the German people in the unifica- tion of their country, I feel it appropriate to make a copy of this letter available to the press and will do so after it has reached you. : 1 Supra, pp. 1709-1711. For translation of the resolution, see Department of State Bulletin, June 5, 1950, p. 885. 1782 AMERICAN FOREIGN POLICY, 1950-1955 dis- i 3 Protocol of proceedings of Aug. 1, 1945; A Decade of American Foreign Policy 57. STATEMENT TO THE PRESS BY THE SECRETARY OF STATE, OCTOBER 25, 1950 1 I should like to anticipate your questions and make a few obser- vations on the communiqué issued at Praha after the meeting of the Eastern European Communist Foreign Ministers. It is designed to give the impression that a new approach is being made to the Ger- man problem. I cannot find anything new in it; in fact, it is a return to old and unworkable proposals. The record shows that we have always been eager to cooperate in the search for a plan which would relieve tensions, restore German unity, and liquidate the tragic heritage of the last war. But the time has long since passed when the world can be stirred to hope by gen- eral phrases from the Soviet Union about disarmament and peace and German unity. We, who have striven so hard for these things , want actions—we want the threatening East German army banded, the capricious restraints on internal German trade removed , and free democratic elections held in all of Germany. We wants end to threats such as that uttered by the Communist Ulbricht, deputy head of the East German regime, on August 3 when he de clared that the Government of the Federal Republic would share what he hoped was going to be the fate of the Republic of Korea. The Praha statement makes four proposals in an attempt to de- ffect us from our resolve to proceed to build real strength in a fres world as the best means of safeguarding the peace. First, it is proposed that the United States, British, French, and Soviet Governments should publish a declaration that they will not permit the remilitarization of Germany or its inclusion in any sor of aggressive plans. Why is this necessary? We solemnly agreed at Potsdam in 1945 to bring about the complete disarmament and demilitarization of Germany. As a result, Western Germany lies disarmed today. The Praha communiqué should be directed to the Government of the Soviet Union, which could make the implementa- tion of the Potsdam Agreement 100 percent complete in Germany , by taking the required steps in the Soviet zone. The only remilitariza- tion in Germany has occurred in the Soviet zone where factories are producing armament for Eastern European use and where 50,000 soldiers have been organized, trained, and equipped with tanks and artillery. And against whom are all these and similar preparations being made? The United States and the free world which have seer these developments with increasing anxiety would be a thousand times more reassured by Soviet action to implement previous declara tions than by new declarations, however high-sounding. The West can find no reassurance of peace in Soviet actions whether these be the 1 Department of State Bulletin, Nov. 6, 1950, pp. 727-728. 2 Resolutions adopted by the Foreign Ministers of the Soviet Union, German Democratic Republic, Poland, Czechoslovakia, Hungary, Rumania, an Bulgaria and the Albanian Minister to the Soviet Union, Oct. 21, 1950; Documents on German Unity, vol. I (Frankfurt, 1951), pp. 158-161. ارا the pp. 34-48. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1783 1 1 } | rearming of East Germany, the maintenance of so many mobilized Soviet divisions, or the hostile Soviet propaganda with which the world is constantly bludgeoned. These are the reasons why proposals are made today which would permit the Germans to join their own defensive efforts with the common efforts being made to strengthen the 1 defense of the West, while preventing the rebirth of a German national army. ! Second, the Praha communiqué urges the removal of restrictions that are obstructing the development of German peacetime economy. If this demand is addressed to Moscow, we will heartily support it. 1 We have spent billions in an effort to develop the German economy on a sound and self-supporting basis. We made innumerable at- tempts-fruitless because of Soviet opposition to bring about the creation of central German economic agencies and with hopeful, if 1 misplaced, tolerance we long left the Eastern borders of our zones | open to the free exchange of goods and persons. If the German econ- omy, as a national whole, is to be restored on a sound basis, what we need is action from the country which blockaded Berlin, which im- poses the most arbitrary and erratic restrictions on commerce enter- i ing or leaving its zone of occupation, and which has destroyed all economic initiative in its zone by the system of Communist monopoly of enterprise and industry. The Praha communiqué demands, in the third place, that a peace treaty with Germany be concluded forthwith. We state, as we have so many times in the past, that this cannot be done in the absence of a unified democratic national government in Germany. The peace treaty cake looks very delicious, but to whom is it to be served? There must be a German government with whom a treaty can be concluded. Let the German people freely elect a national govern- ment, as we have proposed again and again, and we can then move toward a peace treaty. As for the fourth proposal, it is even more insubstantial than the rest. It suggests that an all-German constitutional convention com- posed of equal numbers of representatives from Eastern and Western Germany should prepare the way for the formation of a provisional all-German government. Would the East German representatives be appointed by the Communist Party regime or would they perhaps have the added cover of a fake election of the type held in Eastern Germany on October 15? And why should the 18 million captive Germans of the East have equal representation with the 47 million free Germans of the West? This violates the most elementary ideas of democracy. We strongly support the views which have been expressed by Chancel- lor Adenauer and the Government of the Federal Republic. We have repeatedly urged upon the Soviet Union a plan for free, open, super- vised democratic elections all over Germany for a new constitutional convention. Only in this way, can a German Government responsive to the will of the majority be obtained, and only then can we talk sensibly of a peace treaty. We will always hope for and welcome tangible proof that Soviet intentions have changed. The Praha statement gives us no such :. : 1784 AMERICAN FOREIGN POLICY, 1950–1955 proof. Instead, it abuses, by its perversion of language, the world's hope for peace and understanding, for an end to fear and threats Against that abuse, I raise a solemn protest. 58. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET MINISTER OF FOREIGN AFFAIRS, DECEM BER 22, 1950 2 1. The Embassy of the United States of America has the honor to acknowledge the receipt of the note of November 3, 1950, of the Soviet Minister of Foreign Affairs. This note enclosed the text of 8 declaration published in Prague October 22, 1950,* and proposed & meeting of the Council of Foreign Ministers of the United States, the United Kingdom, France, and the U.S.S.R. to consider the question of the fulfillment of the clauses of the Potsdam Agreement regarding the demilitarization of Germany. 2. The United States Government has consistently abided by the principle set forth in the Charter of the United Nations that in- ternational problems should be settled by peaceful negotiations. The United States Government takes this occasion to reaffirm its adherence to this principle. This is in full accord with the spirit of the recent General Assembly resolution 6 supported by the United States Government which calls attention to the desirability of con- sultations which would help to allay existing international tensions . Far from having any aggressive intentions toward the Soviet Union, it is inspired by a genuine desire to put an end to the existing inter- national tension and will spare no effort to achieve so highly desirable an end. It is prepared on the basis and in the manner set forth below to explore with the Soviet, British, and French Governments the possibility of finding a mutually acceptable basis for a meeting of the Foreign Ministers of the four countries. 3. The Government of the United States has studied with care the note of the Soviet Government of November 3, 1950. It has been obliged to note with regret that the basis proposed in this note is not such as to afford any prospect of a genuine settlement. The Soviet proposal to examine the question of the demilitarization of Germany will not suffice to remove the causes of the present tension. The only German military force which exists at present is that which for many months in the Soviet zone has been trained on military lines with artillery and tanks. If the participation of German units in the defense of western Germany is being discussed, it is solely because Soviet policy and actions have compelled the other nations 2 The British and 1 Andrei Y. Vyshinsky. Department of State Bulletin, Jan. 1, 1951, pp. 11–12. French Ambassadors in Moscow deliveređ similar notes to the Soviet Foreign Minister on the same day. 8 Ibid., p. 12. 4 Documents on German Unity, vol. I (Frankfurt, 1951), pp. 158–161. 5 Res. 377 C (V), Nov. 3, 1950; supra, pp. 187-192. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1785 to examine all means of improving their security. Contrary to the entirely false allegations contained in the Prague communiqué, the United States Government in common with the Governments of France and the United Kingdom is determined never to permit at any time or in any circumstance western Germany to be used as a base for aggression. The United States Government has no feeling of confidence that the same is true of that part of Germany under Soviet occupation, in view of the rearmament taking place in eastern Germany referred to above. 4. It is furthermore impossible to envisage a just settlement of German problems on the basis of the Prague communiqué. This communiqué contains no new or constructive feature and the solution proposed therein has been rejected by the majority of German opinion. It does little more than reiterate in substance previous propositions which proved after exhaustive examination to afford no basis for a constructive solution of the German problem. For the purpose of ending the present division of Germany the United States Govern- ment in conjunction with the French and British Governments has for its part more than once made proposals for restoring German unity by means of free elections held under international supervision. These proposals were sent by letter by the three High Commis- sioners to the head of the Soviet Control Commission on May 25, 1950,' and October 9, 1950.2 No reply has been made to these letters. 5. The serious tension which exists at present springs neither from the question of the demilitarization of Germany nor even from the German problem as a whole. It arises in the first instance from the general attitude adopted by the Government of the U.S.S.R. since the end of the war and from the consequent international developments of recent months. The Governments of the four powers would be failing in their full responsibility if they were to confine their discussion to the narrow basis proposed by the Soviet Government. Questions related to Germany and Austria would obviously be subjects for discussion. But the United States Govern- ment believes that any discussions should include equally the prin- cipal problems whose solution would permit a real and lasting im- provement in the relations between the Soviet Union and the United States, Great Britain, and France and the elimination of the causes of present international tensions throughout the world. 6. The United States Government is prepared to designate a representative who, together with representatives of the Soviet, British, and French Governments would examine the problems re- ferred to in the preceding paragraph with a view to finding a mu- tually acceptable basis for a meeting of the foreign ministers of the four countries and recommend to their Governments a suitable agenda. It would appear that the presence of representatives of the above-named governments at the seat of the United Nations in New 1 Supra, doc. 56. 3 Documents on German Unity, vol. I (Frankfurt, 1951), p. 157 (where the date of the letter is given as Oct. 10, 1950). 1786 AMERICAN FOREIGN POLICY, 1950–1955 York presents the most convenient opportunity to conduct such exploratory discussions. 7. The United States Government would appreciate receiving the views of the Soviet Government concerning the proposals set forth in the present note. 59. NOTE FROM THE AMERICAN CHARGÉ D'AFFAIRES AT MOSCOW TO THE SOVIET FOREIGN MINISTER, JANU ARY 23, 1951 3 A. The Chargé d'Affaires of the United States of America has the home to acknowledge the receipt of the note of December 30, 1950 * of the Soviet Minister of Foreign Affairs and, under instructions from his Government, to reply as follows: The purpose of the United States Government is to seek to allør existing international tensions by discussing all problems likely to threaten world peace with a view to resolving the fundamental differences between nations. It therefore confines itself in this reps to a further examination of the question of the basis on which such negotiations might take place and refrains from refuting in detail the allegations on a number of points, especially in regard to Germany , which are made in the Soviet Government's note. As the United States Government has repeatedly pointed out, particularly in it note of December 22, 1950, these allegations are completely without foundation. With regard to the substance of the Soviet Government's note, the United States Government observes that the Soviet Government does not object to a preliminary conference of representatives of the four governments but, in view of other statements in the note, the United States Government feels it necessary to ask for clarification in order to avoid any misunderstanding and to make it possible that such a preliminary conference should serve a useful purpose. The United States Government in its note of December 22 stated that the Soviet proposal for a meeting of the Foreign Ministers confined to considering the demilitarization of Germany in the context of the so-called Praha Declaration was not acceptable for the reasons therein given. The note proposed specifically that a meeting of the Foreign Ministers should include in its discussions not only questions related to Austria and Germany but also the principal problems whose solution would permit a real and lasting improvement in the relations ? انیشتن نعثذامينجو :-: تو که 6.4.: 3 1 Walworth Barbour. 2 Andrei Y. Vyshinsky. Department of State Bulletin, Feb. 5, 1951, pp. 228-229. The British and French Embassies at Moscow delivered' similar notes to the Soviet Foreigo Ministry on the same date. 4 Ibid., Jan. 15, 1951, pp. 90-92. 5 Supra. 6 Declaration of Oct. 21, 1950; Documents on German Unity, vol. I (Frankfurt 1951), pp. 158-161. A>..--'. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1787 between the Soviet Union and the United States, Great Britain, and France and the elimination of the causes of present international tensions throughout the world. In its reply, the Soviet Government limited itself to an indication that it is willing to discuss questions concerning Germany. In this connection, the note of the Soviet-Government refers again to the so-called Praha Declaration which the United States Government as well as the Governments of France and the United Kingdom have made clear they could in no circumstances accept as a limitation on or as a basis for discussions. The note of the Soviet Government thus does not reveal whether that government agrees that a meeting of the Foreign Ministers of the four countries would deal with the other questions indicated in the note of the United States Government. The United States Government wishes to emphasize, as was stated in its note of December 22nd, that the tension which exists in the world today does not arise from the German problem. A discussion limited to the questions proposed by the Soviet Government would therefore be inadequate and unreal. Consequently, the United States Government would be glad to know whether the Soviet Government does agree that those further questions and problems referred to above will be among those which the Foreign Ministers may discuss. In its note of December 22, the United States Government further proposed that representatives of the four governments be designated to meet and examine the problems just referred to with a view to finding a mutually acceptable basis for a meeting of the Foreign Ministers of the four countries and recommending to their governments a In the view of the United States Government, these representatives would need to give some consideration to the questions and problems involved in order to determine their formulation for inclusion in the agenda as well as the order in which they would appear so that the mutually acceptable basis referred to could be established. It would not be the function of the representatives to attempt to arrive at solutions of the problems, this function being reserved for the Ministers While the note of the Soviet Government states that it does not object to a preliminary conference of representatives of the four governments, it is not clear, in view of other statements in the note, whether the Soviet Government agrees that the function of such a preliminary conference should be as stated above. Consequently, the United States Government would be glad to know whether the view of the Soviet Government in this matter is the same as its own. As for the meeting place of the preliminary conference, the United States Government is prepared to agree on Paris. The Government of the United States renews its proposal made on December 22 and hopes that the Soviet Government is prepared to discuss the elimination of the principal causes of present international tensions and that it will accordingly agree on the points mentioned suitable agenda. themselves. 1788 AMERICAN FOREIGN POLICY, 1950–1955 1 above. If the Soviet Government does agree, the United States Government for its part is ready to set, in agreement with the Governments of the United Kingdom, France, and the Soviet Union; the date of the exploratory meeting of representatives. 60. NOTE FROM THE AMERICAN AMBASSADOR AT MOS. COW TO THE SOVIET FOREIGN MINISTER, FEBRUARY 19, 1951 3 ] 1 1 1 1 1 1 1 1 The Ambassador of the United States of America has the honor to acknowledge the receipt of the Soviet Government's note of Feb- ruary 5, 1951,4 and under instructions from his Government, to reply as follows: The United States Government regrets that the Soviet Govern- ment in its reply repeats and further exaggerates inaccurate state- ments about the policies and motives of the United States, France, the United Kingdom as well as the German Federal Republic. The Soviet allegations are totally without foundation. The attempt to eliminate the causes of international tension is & subject which so deeply touches the interests of all peoples that it demands the most serious and honest consideration. Clearly, if these causes are to be eliminated, they must first be correctly identified. It is obvious that it is not the German problem or the considera- tion of a German contribution to the defense of Western Europe which lies at the root of the present tension. The United States Government wishes to emphasize, moreover, that in Western Ger- many there do not exist any German military forces, or any German war industry and that the only fait accompli in this field in Europe is the existence of the huge armaments maintained by the Soviet bloc which include forces raised in East Germany. In short, United States Government stated in its note of December 22 the serious tension which exists at present arises in the first instance from the general attitude adopted by the Government of the U.S.S.R. since the end of the war. The Soviet Government has referred to the defense program under- taken by the United States and the free nations of Europe. It must be as apparent to the Soviet Government, as it is to world public opinion, that the free nations of the world, confronted with the vast armed forces maintained by the Soviet Union and the nations under its control and in the face of the frustration by the Soviet Govern- ment of the sincere efforts of a large majority of the members of the United Nations to obtain the effective international control and re- duction of armaments, have had no course except to move to redress as the } 1 Adm. Alan G. Kirk. 2 Andrei Y. Vyshinsky. 3 Department of State Bulletin, Mar. 5, 1951, p. 366. 4 Ibid., Feb. 19, 1951, p. 313. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1789 for their own security the great disparity in armed forces existing in the world. The United States Government wishes to insure that the discus- sion at any meeting of the four Ministers shall include these real causes of tension and that a suitable agenda to that end be drawn up. Since the Soviet Government has admitted the possibility of discuss- ing questions other than Germany, and has itself drawn attention to that of armaments, the Government of the United States, which de- sires to raise this question, assumes that the Soviet Government does not object to the representatives of the four Governments in the pre- liminary conversations preparing an agenda which will cover the causes of tension in Europe, including the existing level of armaments; problems affecting Germany; the Austrian treaty. The formulation of these and other subjects which may be agreed upon, as well as their order on the agenda, will naturally be considered at the preliminary conference. If the Soviet Government agrees with the basis outlined above for a preliminary conference in Paris, the United States Government I suggests that the representatives of the Four Powers meet there on March 5. If, as the Government of the United States hopes, the preliminary conference of representatives finds a mutually acceptable basis for a meeting of the ministers, the Government of the United States suggests that the Foreign Ministers of the United States, France, the United Kingdom, and the Soviet Union meet in Wash- ington on a date to be recommended by the representatives. The Government of the United States is informed that these arrangements lei would be convenient to the Governments of France and the United TO 0 Kingdom PT . 61. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET FOREIGN MINISTER, MAY 31, 1951 2 1 l si nde TI The Secretary of State presents his compliments to His Excellency the Foreign Minister of the Union of Soviet Socialist Republics and has the honor to refer to the current Four Power negotiations in Paris. Since March 5 the representative of the United States, together with the representatives of France and the United Kingdom, has been engaged in discussions with the representative of the Soviet Union in a preliminary conference in Paris. This preliminary con- ference was agreed upon as a result of an exchange of notes which ended with the note of the United States Government dated Feb- ruary 19, 1951, and the reply of the Soviet Government dated March 1, 1951.' As indicated in that exchange of notes, the purpose of the conference was to reach agreement on a mutually acceptable agenda for a meeting of the Foreign Ministers of the United States, 1 Andrei Y. Vyshinsky. Department of State Bulletin, June 11, 1951, pp. 933-934. The British and French Governments sent similar notes to the Soviet Government. ad f dri 2 3 Supra. 4 Not printed. invitation and stating which of the three agenda it finds acceptable 1790 AMERICAN FOREIGN POLICY, 1950–1955 United Kingdom, France and the Union of Soviet Socialist Republic, Such an agreement has not yet been reached. In the course of the discussions, the views of the four delegation were brought out and clarified. Considering that the discussions hed provided all the elements necessary for agreement on an agenda, the representatives of the United States, United Kingdom and France presented to the Soviet representative on May 2 a new proposal com taining three alternative agenda. The purpose of these three alte natives was to assure the possibility of the meeting of the four Foreign Ministers. It has been, and remains, the view of the United Stats Government that such a meeting is desirable in the interest . strengthening peace, which is the constant objective of the foreign policy of the United States. In the course of the examination of these three alternatives the representatives in Paris were unable to reach full agreement. A regards the first alternative, the only difficulty was that the wording proposed by the three delegations for the sub-item concerning arms. ments was not acceptable to the Soviet delegation. The thin alternative was not accepted by the Soviet delegation as a basis for agreement. In the second alternative, however, modifications were made in Item 1 and there is now agreement among the four delegation on the presentation of this item as well as on the inclusion of fou other items in the agenda and on their wording. Apart from the final order of these four items, which remains to be determined, but ought not to present major difficulties, agreement could have been reached on the second alternative if the Soviet delegation had not insisted on the acceptance of their proposal relating to the North Atlantic Treaty. The United States Government for its part considers that the amount of agreement so far reached on the agenda makes possible meeting of the four Foreign Ministers which would permit discussion among others of all topics proposed by the Soviet Government in the exchange of notes preceding the Paris conference and on the 5th and 7th of March at the outset of that conference. Accordingly, the United States Government is pleased to invite the four Foreigo Ministers to meet in Washington and suggests that the meeting begri on July 23. The United States Government is prepared to participa in such a conference not only on the agenda (alternative B) describe above, but also on either of the two other agenda (alternatives A and C). The texts of these three proposals are enclosed. The United States Government hopes to receive an early rep from the Soviet Government indicating its readiness to accept for the purpose of holding a meeting of the four Foreign Minister Any further arrangements for the meeting could be worked out of receipt of a favorable reply from the Soviet Government. 1 Proposed alternative agenda are printed as an "enclosure” (infra) to thip document. 8 sari. thi ....... GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1791 Enclosure: ALTERNATIVE (a) I. Examination of the causes and effects of present international tensions in Europe and of the means to secure a real and lasting improvement in the relations between the Soviet Union, the United States, United Kingdom, and France, including the following questions relating to: the demilitarization of Germany: the existing level of armaments and armed forces and measures to be proposed jointly by the U.S.S.R., United States, United Kingdom, and France for the international control and reduction of armaments and armed forces; fulfillment of present treaty obligations and agreements; the elimination of the threat of war and fear of aggression. II. Completion of the treaty for the re-establishment of an independent and democratic Austria. III. Problems relating to the re-establishment of German unity and the preparation of a treaty of peace. IV. Fulfillment of the treaties of peace with Italy, Rumania, Bulgaria, and Hungary: 1 agreements of the Four Powers concerning Germany and Austria. V. Fulfillment of the treaty of peace with Italy in the part concerning Trieste. ALTERNATIVE (b) Examination of the causes and effects of the present international tensions in Europe and of the means necessary to secure a real and lasting improvement in the relations between the Soviet Union, the U.S., U.K. and France, including the following questions relating to: the demilitarization of Germany; U.S., U.K. and France the existing level of armaments and armed forces and measures to be proposed jointly by the U.S.S.R., U.S., U.K. and France for the international control and reduction of armaments and armed forces; U.S.S.R. measures for the reduction of armaments and armed forces of the U.S.S.R., the U.K., the U.S. and France, the existing level of armaments and armed forces and the establishment of an appropriate international control; the demilitarization of Germany; fulfillment of present treaty obligations, and agreements; the elimination of the threat of war and fear of aggression. Completion of the treaty for the re-establishment of an independent and democratic Austria. Problems relating to the re-establishment of German unity and the preparation Fulfillment of the treaties of peace with Italy, Rumania, Bulgaria and Hungary; agreements of the Four Powers concerning Germany and Austria. Fulfillment of the treaty of peace with Italy in the part concerning Trieste. of a treaty of peace. i i ALTERNATIVE (C) I. Examination of measures for the elimination of the present international tensions in Europe, of the threat of war, and of the fear of aggression. II. Questions concerning armaments and armed forces. III. Questions concerning Austria. IV. Questions concerning Germany. V. Fulfillment of treaties and agreements. Treaties of Feb. 10, 1947; TIAS 1648, 1649, 1650, and 1651 (61 Stat., pt. 2, pp: 1245-2229). 1792 AMERICAN FOREIGN POLICY, 1950–1955 62. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET FOREIGN MINISTER, JUNE 15, 1951 2 The Secretary of State presents his compliments to His Excellency the Foreign Minister of the Union of Soviet Socialist Republics and has the honor to refer to the current four-power negotiations in Paris. 1. The United States Government communicated on May 313 to the Soviet Government a note designed to remove the deputies con- ference from the deadlock in which it has been for some weeks. To this end the United States Government proposed, together with the Governments of France and the United Kingdom, that a conference of Ministers should meet on the basis of whichever one of the three agenda which had been submitted to it the Soviet Government should prefer. The negative reply of the Soviet Government has put the deputies conference back to the point at which it was before May 31. The Soviet Government stated in its note of June 44 that in its view it would be inexpedient to interrupt the work of the conference . The United States Government took account of this recommendation. As a result the deputies have held further meetings. These meetings have shown again that it is impossible to make any progress. The Soviet representative in fact continues to make the meeting of Minis- ters of Foreign Affairs conditional on a demand which it knows to be unacceptable to the other delegates although the Soviet delegate has obtained satisfaction insofar as concerns the inclusion in the agenda of all the questions which the Soviet Government stated that it wished to have discussed in its notes leading up to the conference or in the proposals which it made for the agenda at the beginning of the conference. 2. If the insistence of the Soviet Government on including in the agenda some mention of "the Atlantic Treaty and the American military bases" is to be explained by its desire thus to secure directly or indirectly a decision of the Ministers calling into question a treaty concluded by twelve powers for the purpose of ensuring their common defense and to which the U.S.S.R. is not a party, it is clear that this insistence is entirely unjustified since such a decision does not come within the competence of the meeting of Ministers. If on the other hand the purpose of the Soviet Government is solely to reserve the right of the Soviet Foreign Minister fully to give bis interpretation of the causes and effects of international tension this insistence is unnecessary since it has been agreed that the agenda should contain a general heading which would permit each Minister to express his point of view on these matters. } 1 Andrei Y. Vyshinsky. 2 Department of State Bulletin, June 25, 1951, p. 1021. The British and French Governments sent similar notes to the Soviet Government, 3 Supra. 4 Text in Documents on International Affairs, 1951 (London, 1954), p. 260. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1793 3. Considering that the further discussions between the deputies on this question which the Soviet Government proposed in their note of June fourth have not advanced the prospect of agreement, the United States Government proposes that the Foreign Ministers of the four powers without further efforts by the deputies to complete an agreement on the agenda should meet on the basis of the large measure of agreement already reached by the deputies in Paris. Taking into account agenda B1 and the notes which have been ex- changed between the Soviet Government and the other governments in which their respective points of view are recorded, the four Foreign Ministers should be able to proceed without delay to their task of seeking to reduce the existing tensions in Europe. 63. DECLARATION BY THE DEPUTIES OF THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KING- DOM, AND FRANCE, JUNE 21, 1951 ? + 1. On June 15 the three western governments communicated a renewed invitation to the Soviet Government to attend a meeting of the four foreign ministers on the basis of the large measure of agreement reached at the Paris conference on an agenda and taking into account the views of the Soviet Government and the three west- ern governments concerning the chief point in disagreement. 2. As has been fully explained by the three representatives today, the Soviet Government's reply of June 19 constitutes a rejection of this invitation since it is a reaffirmation of the position previously taken up by the Soviet Government. The experience of the deputies in resuming their meetings in accordance with the proposal made in the Soviet note of June 4 shows that the continuation of this dis- cussion has no practical utility. 3. The invitation to the Soviet Government for a meeting of the four foreign ministers, in accordance either with the notes of the three western governments of May 31 or those of June 15, 1951, 4 remains open and the three governments express the hope that the Soviet Government, after further consideration, will find it possible to transmit through the diplomatic channel its acceptance of this invi- tation. In this case, if necessary, representatives of the four govern- ments could meet immediately in order to settle the date and other detailed arrangements for the meeting of ministers. * See enclosure to doc. 61, supra. Department of State Bulletin, July 2, 1951, p. 14. 2 3 Supra. * Supra, docs. 61 and 62. 415900-57_vol. 2-10 1794 AMERICAN FOREIGN POLICY, 1950–1955 64. NOTE FROM THE ALLIED HIGH COMMISSION TO THE CHANCELLOR OF THE GERMAN FEDERAL REPUBLIC OCTOBER 15, 1951 1 Your letter 202–04 II 11375/51 of October 4 2 was transmitted to the three Governments represented on the Allied High Commission and has been considered by them. In your letter you repeated the proposals made by the Federal Government on March 22 and September 14, 1950 3 and on March 9, 1951 4 for the holding of free, general, equal, secret, and direct elec: tions in the whole of Germany. You also requested the Governments : of the four Occupying Powers to give the German people the earliest opportunity to elect under international supervision and under the legal and psychological conditions specified in the various proposal of the Federal Government, a constituent and legislative national assembly. The three Governments, who have always supported and continue to support the unification of Germany as soon as it car take place along democratic lines insuring the creation of a free Ger. many able to play its part in a peaceful association of free European nations, now renew their support for the idea of elections under the safeguarding conditions which have been specified as necessary to protect the individual and national liberties of the German people . They refer among other things to the letters sent by the British, French, and United States High Commissioners in Germany on May 26 [May 25), 1950 5 and on October 10, 1950 to General Chuikov, to the statements issued by the British, French, and United States Foreign Ministers in London on May 14, 1950 and in New York on September 19, 1950 ? and to the proposals made by the British, French, and United States Deputies at the Paris Fow Powers Conference on March 5, 1951.8 In your recent letter you have made an additional proposal. You wrote: The Federal Government feels obliged to do all in its power in order to ensure that the actual conditions for holding of all-German elections, proposed by , are given. Vis-à-vis the territory at large, this can only be done by a neutral international commission--under United Nations control-carrying out investi : gations in the Soviet Zone and in the Federal Republic, to establish in how far prevailing cirumstances make the holding of free elections possible. Government requests that such an international enquiry be immediately carried out for the territory of the Federal Republic and would ask the government represented in the Allied High Commission to propose the establishment of such a commission to the United Nations without delay. The Federal Government will in every way facilitate the execution of the tasks of such a commission and will in particular allow it access to all Federal and Land Administrative office The Federal i Department of State Bulletin, Oct. 29, 1951, pp. 694-695. 2 Ibid., p. 694. 3 Documents on German Unity, vol. I (Frankfurt, 1951), pp. 153–154. 4 Ibid., pp. 141-144. 5 Supra, doc. 56. 6 Documents on German Unity, vol. I, p. 157. ? Supra, pp. 1709-1713. 8 Not printed. .... ?!? GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1795 as well as to all official papers and documents which it may require to see in order to complete its task. The three Governments warmly welcome the constructive initia- tive which you have taken in making the proposal for a United Nations commission to investigate the extent to which prevailing circumstances allow the holding of free elections in the Federal Republic and in the Soviet Zone of Germany. They have not failed to note the desire of the Federal Government that such an inquiry take place immediately in its territory. The three Governments desire to inform you that they will, at the first suitable opportunity, put your views before the United Nations and will propose that the United Nations undertake an investigation over the whole area of Germany as is suggested in your letter. They consider that only by such means can it be expeditiously and satisfactorily determined whether or not conditions exist in the entire area of Germany which would make it possible to consider as a practical matter the holding of general elections. 65. GENERAL ASSEMBLY RESOLUTION 510 (VI), DECEMBER 20, 1951 1 Whereas the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and France, acting on a proposal made by the German Federal Chancellor, have brought before the General Assembly a request for the appointment of an impartial international commission under United Nations supervision to carry out a simultaneous investigation in the Federal Republic of Germany, in Berlin, and in the Soviet Zone of Germany in order to determine whether existing conditions there make it possible to hold genuinely free elections throughout these areas, Whereas the statements made by the representatives of the Federal Government of Germany, of Berlin, and of the Soviet Zone of Germany before the Ad Hoc Political Committee 4 reveal differences of opinion with regard to the conditions existing in these areas, which make it essential that such an investigation shall be carried out by an impartial body, The General Assembly, Having regard to the Purposes and Principles of the United Nations as set out in the Charter, taking due account of the responsibilities of the four Powers regarding Germany, and desiring to make its contribution to the achievement of the unity of Germany in the interests of world peace, 1. Considers it desirable to give effect to the above request; 2. Resolves to appoint a Commission composed of representatives U.N. General Assembly, Official Records, Sixth Session, Supplement No. 20 (A/2119), pp. 10–11. SUN. General Assembly, Official Records, Sixth Session, Annezes, agenda item 65, U.N. doc. A/1938. * Ibid., Ad Hoc Political Committee, 18th and 20th meetings. 2 See supra. 1796 AMERICAN FOREIGN POLICY, 1950-1955 الا و of Brazil, Iceland, the Netherlands, Pakistan and Poland which shall carry out immediately a simultaneous investigation in the Federal Republic of Germany, in Berlin, and in the Soviet Zone of Germany to ascertain and report whether conditions in these areas are such as to make possible the holding of genuinely free and secret elections throughout these areas. The Commission shall investigate the following matters in so far as they affect the holding of free elections: (a) The constitutional provisions in force in these areas and their application as regards the various aspects of individual freedom, in particular the degree to which, in practice, the individual enjoys freedom of movement, freedom from arbitrary arrest and detention freedom of association and assembly, freedom of speech, press and broadcasting; (6) Freedom of political parties to organize and carry out their activities; (c) The organization and activities of the judiciary, police and other administrative organs; 3. Calls upon all authorities in the Federal Republic, in Berlin, and in the Soviet Zone to enable the Commission to travel freely through- out these areas; and to allow the Commission freedom of access to such persons, places and relevant documents as it considers necessary in the course of executing its task and to allow it to summon any witnesses whom it wishes to examine; 4. (a) Directs the Commission to report at the earliest practicable date to the Secretary-General, for the consideration of the four Powers and for the information of the other Members of the United Nations, on the results of its efforts to make the necessary arrangements with all the parties concerned to enable it to undertake its work according to the terms of the present resolution; (6) Directs the Commission, if it is able to make the necessary arrangements throughout the areas concerned, similarly to report the findings resulting from its investigation of conditions in these areas, it being understood that such findings may include recom- mendations regarding further steps which might be taken in order to bring about conditions in Germany necessary for the holding of free elections in these areas; (c) Directs the Commission, if it is unable forthwith to make these arrangements, to make a further attempt to carry out its task at such time as it is satisfied that the German authorities in the Federal Republic, in Berlin, and in the Soviet Zone will admit the Commission, as it is desirable to leave the door open for the Commission to carry out its task; (d) Directs the Commission in any event to report, not later than | September 1952, on the results of its activities to the Secretary- General, for the consideration of the four Powers and for the informa- tion of the other Members of the United Nations; 5. Declares that the United Nations is prepared, after being satisfied that the conditions throughout the areas concerned are such as to 1 1 See infra, docs. 67 and 70. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1797 2 Ibid., pp. 531-532. make possible the holding of genuinely free and secret elections, to offer its assistance in order to guarantee the freedom of the elections; 6. Requests the Secretary-General to furnish the Commission with the necessary staff and facilities. 66. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MARCH 25, 1952 1 The United States Government, in consultation with the Govern- ments of the United Kingdom and France, has given the most careful consideration to the Soviet Government's note of March 10, 1952,2 which proposed the conclusion of a peace treaty with Germany, They have also consulted the Government of the German Federal Republic and the representatives of Berlin. The conclusion of a just and lasting peace treaty which would end the division of Germany has always been and remains an essential objective of the United States Government. As the Soviet Govern- ment itself recognizes, the conclusion of such a treaty requires the formation of an all-German Government, expressing the will of the German people. Such a Government can only be set up on the basis of free elections in the Federal Republic, the Soviet zone of occupation and Berlin. Such elections can only be held in circumstances which safeguard the national and individual liberties of the German people. In order to ascertain whether this first essential condition exists, the General Assembly of the United Nations has appointed a Commission to carry out a simultaneous investigation in the Federal Republic, the Soviet zone and Berlin.3 The Commission of Investigation has been assured of the necessary facilities in the Federal Republic and in Western Berlin. The United States Government would be glad to learn that such facilities will also be afforded in the Soviet zone and in Eastern Berlin, to enable the Commission to carry out its task. The Soviet Government's proposals do not indicate what the international position of an all-German Government would be before the conclusion of a peace treaty. The United States Government considers that the all-German Government should be free both before and after the conclusion of a peace treaty to enter into associa- tions compatible with the principles and purposes of the United In putting forward its proposal for a German peace treaty, the Soviet Government expressed its readiness also to discuss other proposals. The United States Government has taken due note of this statement. In its view, it will not be possible to engage in detailed discussion of a peace treaty until conditions have been created for free elections and until a free all-German Government which could Department of State Bulletin, Apr. 7, 1952, pp. 530-531. The British and French Embassies delivered similar notes on the same date. * See General Assembly Res. 510 (VI), Dec. 20, 1951; supra. Nations. 1 1798 AMERICAN FOREIGN POLICY, 1950–1955 participate in such discussion has been formed. There are several fundamental questions which would also have to be resolved. For example, the United States Government notes that the Soviet Government makes the statement that the territory of Germany is determined by frontiers laid down by the decisions of the Potsdam conference. The United States Government would recall that in fact no definitive German frontiers were laid down by the Potsdam decisions, which clearly provided that the final determination of territorial questions must await the peace settlement. The United States Government also observes that the Soviet Government now considers that the peace treaty should provide for the formation of German national land, air, and sea forces, while at the same time imposing limitations on Germany's freedom to enter into association with other countries. The United States Gov- ernment considers that such provisions would be a step backwards and might jeopardize the emergence in Europe of a new era in which international relations would be based on cooperation and not on rivalry and distrust. Being convinced of the need of a policy of European unity, the United States Government is giving its full support to plans designed to secure the participation of Germany in a purely defensive European community which will preserve freedom, prevent aggression, and preclude the revival of militarism. The United States Government believes that the proposal of the Soviet Government for the formation of German national forces is inconsistent with the achievement of this objective. The United States Government remains convinced that this policy of European unity cannot threaten the interests of any country and represents the true path of peace. 67. FIRST REPORT OF THE UNITED NATIONS COMMISSION TO INVESTIGATE CONDITIONS FOR FREE ELECTIONS IN GERMANY, APRIL 30, 1952 (Excerpt) 1 Section 1. Preparatory work in Paris and Geneva 27. The United Nations Commission to investigate Conditions for Free Elections in Germany, held its first meeting on 11 Febru- ary 1952 in the Palais de Chaillot, Paris. The Commission held two more meetings in Paris, one informal and the other formal before its move to Geneva. At these meetings, the Commission decided on its name, the procedure governing its chairmanship and its headquarters. It also decided, while in Paris, that its first task after it had reconvened in Geneva would be to address the responsible authorities in Germany regarding the arrangements deemed necessary by the Commission to enable it to undertake its work in accordance with the terms of General Assembly resolution 510(VI). Drafts of the letters that it proposed to address to the Chairman of the 1 U. N. doc. A/2122, May 5, 1952, pp. 14-28. 2 Resolution of Dec. 20, 1951; supra, doc. 65. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1799 1 U. N. doc. A/2122, pp. 30–31. Ibid., pp. 34-36. Allied High Commission for Germany and to the Chairman of the Soviet Control Commission for Germany were tentatively considered and it was decided to postpone further action to a later meeting to be held in Geneva. 28. At meetings held in Geneva on 21 and 22 February, the Com- mission approved the texts of its letters to the Chairman of the Allied High Commission for Germany and to the Chairman of the Soviet Control Commission for Germany. It decided that it would send the letters by telegram as well as by air mail and would make the texts available to the Press forty-eight hours after their despatch by telegram. 29. In its letter dated 22 February 1952 to the Chairman of the Allied High Commission,' the Commission sought his good offices to transmit to the appropriate authorities in the Federal Republic of Germany and in the Western Sectors of Berlin the wish of the Commission to discuss with those authorities the arrangements deemed necessary by it to enable it to undertake its work. The Commission stated further that it would appreciate it if arrangements could be made to hold a meeting on 17 March with the authorities of the Federal Republic, and another on 21 March with the authorities of the Western Sectors of Berlin. In its letter dated 22 February 1952 to the Chair- man of the Soviet Control Commission, the Commission similarly sought his good offices to transmit to the appropriate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin the wish of the Commission to discuss with those authorities the arrangements deemed necessary by it to enable it to undertake its work. The Commission stated further that it would appreciate it arrangements could be made to hold a meeting on 17 March with the authorities of the Soviet Zone of Germany and another on 21 March with the authorities of the Eastern Sector of Berlin. The Commission asked to be informed of the places designated by the authorities concerned for the meetings it had suggested. It stated that both the Commission, on the one hand, and all the authorities in Germany and the German people, on the other, had common objectives and indeed a good deal of common ground on the basis of which they could all co-operate to set up the edifice of a free, united and democratic Germany. 30. The Commission was anxious, if possible, to meet simultaneously with the authorities in the Federal Republic' as well as in the Soviet Zone of Germany on the same date, and similarly to meet with the authorities in the Western Sectors and in the Eastern Sector of Berlin on the same date. It was for this reason that, in its letters to the Allied High Commission and the Soviet Control Commission, the Commission had suggested meetings with the authorities in both Western and Eastern Germany on the same dates. If the meetings it had suggested came about, it was the Commission's intention to if % 1800 AMERICAN FOREIGN POLICY, 1950–1955 divide itself into two groups so as to be able to meet simultaneously with those authorities. 31. After considering its rules regarding the quorum required for its meetings and its voting procedure, the Commission adjourned to meet again on 10 March. It was decided that during the period of the adjournment a draft memorandum would be prepared concerning the arrangements deemed necessary by the Commission to enable it to undertake its work which would serve as a basis for discussions at the projected meetings of the Commission with the authorities in Germany. It was hoped that, by 10 March, replies would have been received from the Allied High Commission and the Soviet Control Commission. 32. The Commission next met from 10 to 15 March to consider the situation. To its letter dated 22 February 1952 to the Chairman of the Allied High Commission, the Commission had received a reply dated 1 March 1952, to the effect that the Chancellor of the Federal Republic of Germany and certain of his colleagues in the Federal Cabinet would be glad to meet with the Commission on 17 March in Bonn and that the Federal Government was further prepared "to afford the members of the Commission every possible assistance in the performance of their important task”. The Commission was further informed that representatives of the (West) Berlin Senate proposed to meet with the Commission on 21 March 1952 in Berlin. 33. Not having received a reply from the Soviet Control Commission by 10 March, the Commission decided to write again to General Chuikov, Chairman of the Soviet Control Commission for Germany. In its second letter to General Chuikov dated 10 March, the Com mission again stated its wish to meet with the appropriate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to discuss with them the arrangements deemed necessary by it to enable it to undertake its work, and requested that this fact be conveyed to those authorities. The Commission again suggested that it would appreciate it if arrangements could be made to enable it to meet with those authorities on 17 and 21 March respectively. The Commission informed General Chuikov that it was confirming arrangements to meet with the authorities in the Federal Republic of Germany the Western Sectors of Berlin on 17 and 21 March respectively, requested a reply from General Chuikov by 12 noon of 14 March, in view of the necessity to make final its travel arrangements by Friday, 14 March. This letter was sent both by telegram and air mail , was later released to the Press. The Commission did not received reply to this letter. 34. The Commission decided that, during its forthcoming visit Germany, it should also meet with the Allied High Commission te submit to it the Commission's memorandum concerning the arranger ments deemed necessary by it to enable it to undertake its work . and in and 1 1 U.N. doc. A/2122, pp. 32–33. 2 Ibid., pp. 36-37. f GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1801 A/2122, pp. 41-42), the Chancellor of the German Federal Republic (ibid., pp. 2 Statement of Mar. 17, 1952; ibid., pp. 62–64. The Commission, therefore, arranged to have a meeting in Bonn with the Allied High Commission on 17 March 1952. 35. During the period 11 to 14 March, the Commission considered the draft memoranda that it was to submit to the authorities in Germany that had expressed their willingness to receive the Com- mission. On 14 March, the Commission unanimously approved their texts. The memoranda were identic in substance, excepting only for such changes as were necessary in view of the fact that they were addressed to different authorities in Germany. They specified, , among other things, that during the period of the Commission's work (a) The Commission and its secretariat be granted by the authorities concerned the right to travel freely throughout their respective areas and that the Commission and its secretariat be granted normal and recognized diplomatic privileges and immunities; (b) The Commission and its secretariat be granted by the authorities concerned the right of free access to such persons, places and relevant documents as the Commission might consider necessary, that the Commission be granted the right to summon any witnesses it might wish to examine or obtain testimony from; and, further, that the Commission be given specific assurance by the authorities concerned that such witnesses would not be impeded from meeting with it, that such persons or their relatives would be immune from any manner of punishment for their having met with and given evidence before the Commission, and that the witnesses would not be forced to reveal the contents of their testimony; (C) The Commission and its secretariat be granted the right by the authorities concerned to communicate freely and without hindrance with the people in their areas; that the Commission be assured by the authorities concerned that communications to and from the Com- mission and its secretariat would be immune from censorship, delay or suppression; and that the Commission be given assurance that persons communicating with it or receiving communications from it would not be punished in any manner for having such contact. 36. On 14 March, the Commission also approved the text of a state- ment to be delivered by its Chairman on its behalf at the forthcoming meeting of the Commission with the authorities of the Federal Republic of Germany, and the text of an address to the German people to be broadcast from Bonn by Mr. Kohnstamm on behalf of Section 2. Work of the Commission in Germany 37. Leaving Geneva on the evening of 15 March 1952 by train, the Commission arrived in Bonn the following morning. Mr. Abbasi, Memoranda to the Chairman of the Allied High Commission (U.N. doc. 45-47), the Chairman of the Allied Kommandatura in Berlin (ibid., pp. 53–55), and the Mayor of West Berlin (ibid., pp. 57–59). 3 Address of Mar. 18, 1952; ibid., pp. 65–68. the Commission. . 1802 AMERICAN FOREIGN POLICY, 1950–1955 the representative of Pakistan, was unable to join the Commission on its visit to Germany due to his indisposition, and the Government of Pakistan appointed Mr. Omar Hayat Malik, its Ambassador to the Federal Republic of Germany, to take his place pending Mr. Abbasi's return to the Commission. The Commission would like to place on record its appreciation of the services rendered by Mr. Malik, who was called at very short notice to assist it. 38. On 17 March, the Commission met with the Allied High Commis sion and submitted to it the memorandum already referred to. In submitting it, the Chairman stated that the memorandum was couched in broad and general terms, as it was the Commission's view that at the present stage it might not be necessary to dwell on numerous details. If agreement on the terms of the memorandum could be reached, then it would be the Commission's view that, within the broad scope of that agreement, any detailed arrangements subse- quently deemed necessary could be made with the authorities con- cerned. He added that he and his colleagues felt that the assurances they were seeking from the responsible authorities in Germany were of very great and fundamental importance for the fulfilment of the task entrusted to the Commission by the United Nations. The Commission could hope to fulfil its mission faithfully and successfully only if the German people, as a result of the assurances and guarantees it was requesting, felt assured that they could co-operate with the Commission without fear and in perfect freedom. It had come to the conclusion, therefore, that it would be necessary to conclude a written agreement regarding the subject matter of the memorandum with all the responsible authorities in Germany. The Commission hoped to be able to make uniform arrangements with and secure uniform assu? ances from all those authorities. It considered it essential that in all parts of Germany all the people should have the same safeguards and that the United Nations Commission should receive in all parts of Germany identic facilities. The Chairman stated, in conclusion , that he and his colleagues would also like to discuss with the Allied High Commission the question whether it would not be necessary, u view of the fact that the Governments the Allied High Commission represented exercised supreme responsibility in Germany, for the two Commissions to conclude an agreement, at least in regard to those issues raised in the memorandum which possibly fell within the scopt of the powers that were reserved to itself by the Allied High Com mission. The Allied High Commission might also want to convert the United Nations Commission formally that it would be prepared to grant it the facilities and assurances it required. 39. Mr. François-Poncet, Chairman of the Council of the Allied High Commission, in his reply on behalf of his colleagues, stated that then was nothing in the memorandum that called for a reservation or negative reply on the part of the Allied High Commission and that he could forthwith give the Commission the formal assurance that the Allied High Commission would assist it in every way possible. so far as it was possible within the limits of its competence, the Allie GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1803 Statement of Mar. 17, 1952; ibid., pp. 62-64. S I S I $ e 1 O 18 le 25 le High Commission would grant the United Nations Commission the guarantees and facilities it had specified in its memorandum. The Allied High Commission sent a formal reply on these lines the same day. At a meeting held on 19 March, the Commission took note of the reply, expressing its satisfaction therewith. 40. Immediately following its meeting with the Allied High Com- mission, the Commission met with the Chancellor of the Federal Republic of Germany and a number of his colleagues in the Federal Cabinet at the Haus Schaumburg in Bonn. The Federal Chancellor stated that the United Nations, by setting up the present Commission, had shown its readiness to investigate whether conditions existed for the holding of free elections throughout Germany and that it had provided an assurance that an objective and conscientious enquiry would be made into that problem of vital importance to the German people. He gave the assurance that the Federal Government would give the Commission all the assistance it could to help it carry out those investigations, and expressed the hope that the Commission would achieve complete success, and that the delays that might arise would not persuade it to abandon the pursuit of its objective, which was the objective of the United Nations, of the Federal Government and of the German nation, namely, the re-establishment of German unity in peace and freedom. 41. The Chairman of the Commission, in his reply 2 to the statement of the Federal Chancellor, after outlining the events that led to the setting up of the Commission by the United Nations, stated that the German people, the different German authorities, and the four occupying Powers had all declared as their common objective the bringing into being of a free, united, democratic and peaceful Ger- many, essentially by means of genuinely free and secret elections. That was also the purpose which the Commission would seek to serve to the extent that it was empowered to do by its terms of reference. In the discharge of its task, it was most anxious to assure all the Ger- man people and all the German authorities of its complete objectivity and impartiality. Under its terms of reference, the Commission was required to carry out its investigation simultaneously in all the zones of Germany. The Commission could carry out its task, there- fore, only when it was enabled to enter and travel freely in all areas of Germany and when it was granted by all the authorities concerned the facilities deemed necessary by it. The object of its present visit to Germany, however, was to meet those authorities who had expressed their willingness to do so in order to discuss and try to make with them such arrangements as the Commission deemed necessary to enable it to undertake its work. That was an essential preliminary task which had to be performed before the Commission could take 10 1 10 I 78 11 11 10 toi It 8 the next step. 81 42. After submitting to the Federal Chancellor the Commission's memorandum concerning the arrangements deemed necessary by it 1 U.N. doc. A/2122, pp. 43-44. 2 1804 AMERICAN FOREIGN POLICY, 1950-1955 to enable it to undertake its work, the Chairman of the Commission stated that it would be necessary to publish at an appropriate time the agreement the Commission hoped to reach with the Federal Government in order to assure the people of the Federal Republic that they could co-operate with the Commission without fear and in perfect freedom. 43. The Federal Chancellor, after stating his belief that his Govern- ment would provide the Commission with all the facilities and guar- tees it had requested, replied that, as soon as possible after his Gov- ernment had had an opportunity of considering the memorandum, & formal reply would be provided. 44. The Commission further met with the authorities of the Federal Republic on 18 March to discuss the contents of its memorandum. Following the clarifications offered by the Commission, the repre- sentatives of the Federal Republic stated that a formal reply along the lines agreed at the meetings would be given to the Commission on 19 March and that the Federal Government would, without delay , initiate such legislative measures as were necessary to grant certain of the facilities and assurances required by the Commission. 45. The Government of the Federal Republic of Germany submitted its reply to the Commission's memorandum at a meeting on 19 March. The Chairman of the Commission, in acknowledging it with appreciation, stated that the Commission was entirely satisfied therewith. 46. During its stay in Bonn, the Commission held a press conference , at which over a hundred correspondents were present, to explain the object of its visit to Germany. 47. On 20 March, the Commission left Bonn for Berlin, travelling by commercial airline. At a meeting held in Berlin on the evening of its arrival, the Commission decided that it would submit to the repre- sentatives on the Inter-Allied Kommandatura, with whom it had already arranged to hold a meeting the next day, a memorandum similar to the ones it had earlier presented to the Allied High Com- mission and to the Federal Republic, to try and secure from them also an agreement regarding the facilities it would need in Berlin. At the same meeting, the Commission approved the text of a broadcast to the German people to be delivered on behalf of the Commission bp Mr. Kohnstamm,3 48. The Commission met on 21 March representatives on the Inter- Allied Kommandatura and submitted to them the memorandum al- ready referred to. General Carolet (French Military Governor 1 The legislative measures necessary to grant certain of the safeguards the Commission had asked for were passed into law by the Bundestag on 26 March of the Federal Republic on 4 April 1952, and was promulgated on 8 April in the 1952 and by the Bundesrat on 28 March. The law was signed by the President Federal Gazette. Footnote in original text.) For an English translation of this legislation, see U.N. doc. A/2122, pp. 50-52. 2 Ibid., pp. 47–49. 3 Address of Mar. 21, 1952; ibid., pp. 69-71, of GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1805 Ibid., pp. 59-61. Berlin), Chairman of the Inter-Allied Kommandatura, stated that, in so far as he, the United Kingdom and the United States Commanders in Berlin were concerned, he could give the Commission the assurance that, within the limits of their competence and resources, they would be prepared to do everything they could to provide the Commission with the guarantees and facilities it needed. General Carolet con- firmed his statement in a formal reply? he sent the Commission the same day. The Commission took note of this reply and expressed its satisfaction therewith. 49. After its meeting with the Inter-Allied Kommandatura, the Commission met with Mr. Reuter, Governing Mayor of West Berlin, and other representatives of the Berlin Senate to submit a memo- randum similar to the ones it had submitted earlier to the Inter- Allied Kommandatura, the Allied High Commission and the Federal Republic. Mr. Reuter, in welcoming the Commission, stated that the people of Berlin earnestly wished to be reunited with their fellow- countrymen in the area of Germany occupied by the Soviet Union authorities under a single Government by means of genuinely free elections, and assured the Commission of his Government's co-opera- tion in its work. He said that representatives of his Government desired to discuss the Commission's memorandum with it at another meeting, and he hoped to present his Government's official reply to the Commission the following day. 50. The Chairman of the Commission, in submitting the memoran- dum, thanked Mr. Reuter for his assurances of co-operation. There- after , speaking in German, he stated that the impossible situation in which the citizens of Berlin were forced to live was a daily reminder to the world that such division could not and must not last indefinitely. He conveyed the sympathy of the Commission to the Berlin popula- tion that was enduring hardships on account of the division of the city. 51. The Commission held a second meeting the same afternoon with the representatives of the (West) Berlin Senate. Following an ex- change of views, Mr. Reuter stated to the Commission that his Government's answer to its memorandum would be exactly the same as that of the Government of the Federal Republic, and that the reply would be delivered to the Commission the next day. 52. On 22 March, Mr. Reuter handed over to the Commission the reply? of his Government to the Commission's memorandum. The Chairman of the Commission, in acknowledging it with appreciation, stated that the Commission was entirely satisfied with the reply. 53. The Commission held on the same day a press conference, at which about two hundred press correspondents were present, to ex- plain the object of its visit to Germany and to give an account of On Apr. 29, 1952, the Berlin House of Representatives pion in Germany, which was published in the Berlin Law Gazette on May 8, 1952. For an English translation of this law, see U.N. doc. A/2122/ Add. 1, June 3, 1952. 1 Ibid., p. 56. 2 a 1806 1950-1955 AMERICAN FOREIGN POLICY, 1 11 1 ] 1 1 1 ) the results of its efforts to make with the authorities concerned the arrangements deemed necessary by it to enable it to undertake its work. 54. In the seven days the Commission spent in Bonn and Berlin, it completed the work it had set out to do. It had concluded agree- ments that it regarded as satisfactory with the Allied High Commis- sion for Germany, the Government of the Federal Republic of Ger- many, the Inter-Allied Kommandatura (in so far as the authority of this body extended over those areas of Berlin over which the French , United Kingdom and United States Commanders in Berlin exercised authority), and with the Government of West Berlin. 55. Before its return to Geneva, however, the Commission met in Berlin on 23 March to decide on its next step. It agreed that an- other appeal should be addressed to General Chuikov soon after the Commission's return to Geneva and instructed its Chairman to despatch it not later than 26 March. The Commission thereafter left' Berlin on 23 and 24 March, proposing to reconvene on 8 April , or earlier if necessary, to consider the situation. Section 3. Work of the Commission after its return from Germany 56. In its third letter to the Chairman of the Soviet Control Commis- sion for Germany dated 26 March 1952, the Commission drew General Chuikov's attention to its two earlier letters to him dated 22 February and 10 March respectively, and pointed out that it had not received a reply from him to those letters. The Commission further informed General Chuikov that it had concluded satisfactory agreements with the responsible authorities in the Federal Republic of Germany and in West Berlin, and that its ability "to undertake the work entrusted to it by the United Nations is now entirely dependent on the willingness of the responsible authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to con- clude similarly satisfactory arrangements with the Commission" The Commission again sought General Chuikov's good offices to arrange a meeting between it and the appropriate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to enable the Commission to make with those authorities the necessary arranger ments to undertake its work. It transmitted to General Chuikor for his information the texts of the memoranda it had submitted to the authorities in the Federal Republic and in West Berlin and the replies received from them. This letter was sent both by telegram and by air mail and was later released to the Press. The Commission did not receive a reply to this letter. 57. At meetings held on 8 and 9 April, the Commission reached the conclusion that it must before long report to the Secretary-General of the United Nations on the results of the efforts it had so far made with all parties concerned to make the necessary arrangements to enable it to undertake its work, and it was of the view that this report 1 F 1 1 U. N. doc. A/2122, pp. 36-37. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1807 Ibid., pp. 39–40. necessary to enable it to undertake its work. should, if possible, be submitted by the end of April. The Commission further decided that it should make one more appeal to General Chuikov, requesting him to facilitate it in the discharge of its duties. 58. In its fourth and last letter to the Chairman of the Soviet Control Commission for Germany dated 9 April 1952, the Commission drew General Chuikov's attention to its three earlier letters to him dated 22 February, 10 March and 26 March respectively, and pointed out that it had not received a reply from him to those letters. Stating again that the Commission's ability to undertake its work was entirely dependent on the willingness of the responsible authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to con- clude agreements with the Commission similar to the ones already concluded with it by the authorities in Western Germany, the Com- mission again requested General Chuikov to facilitate it in the dis- charge of its duties. It further informed him that it felt obliged, under its terms of reference, to report before long to the Secretary- General on the results of its activities so far, and that it intended to submit a report by the end of April 1952. In view of this conclusion, it requested an answer before 27 April 1952. In concluding its letter, the Commission stated that "in the event of the Commission not receiving a reply from you by the time indicated, the Commission would, to its regret, be obliged to conclude that at present there is little prospect of its being able to pursue its task of investigation”. This letter was sent both by telegram and by air mail and was later released to the Press. Up to the date of the signing of this report, the Commission has not received a reply from General Chuikov to any one of its four letters to him. 59. The Commission met from 28 April to 30 April to consider the present report. At its twenty-first meeting held on 30 April 1952, the Commission unanimously approved and signed the report. PART III RECAPITULATION OF THE COMMISSION'S WORK AND CONCLUSIONS 60. The United Nations Commission to investigate conditions for free elections in Germany, constituted by General Assembly resolution 510(VI), submits the following recapitulation of its work and its 61. The Commission, composed of the representatives of Brazil , Iceland, the Netherlands and Pakistan (Poland having declined to participate in its work), was convened to its first meeting on 11 Feb- ruary 1952 in Paris. Shortly thereafter it moved its headquarters to Geneva from where it began its substantive work as from 21 February. It decided that, under its terms of reference, its first task was to make with all the parties concerned such arrangements as it deemed conclusions. 1 1808 AMERICAN FOREIGN POLICY, 1950–1955 62. In its efforts to carry out its preliminary task, the Commission addressed a letter on 22 February to the Chairman of the Allied High Commission for Germany requesting his good offices to arrange meetings between the Commission and the appropriate authorities in the Federal Republic of Germany and in the Western Sectors of Berlin, suggesting that the meetings take place on 17 and 21 March respectively. The Commission addressed a similar letter on 22 February to the Chairman of the Soviet Control Commission for Germany requesting his good offices to arrange meetings between the Commission and the appro- priate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin, suggesting that the meetings take place on 17 and 21 March respectively. 63. On 1 March 1952, the Commission received a reply from the Allied High Commission to the effect that the meetings requested had been arranged. No reply having been received from the Soviet Control Commission of Germany by 10 March, the Commission wrote 8 second letter on 10 March 1952 to the Chairman of the Soviet Control Commission reiterating the request it had made in its first letter. The Commission did not receive a reply to its second letter. 64. After having prepared a set of identic memoranda concerning the arrangements deemed necessary by the Commission to enable it to undertake its work and which the Commission decided to submit to the authorities in Germany that expressed their willingness to meet with it, the Commission left Geneva on 15 March 1952 for Germany. The Commission stayed in Germany from 16 to 23 March. During this period, it was able to conclude satisfactory agreements concerning the arrangements it required to do its work with the following authorities: (a) the Allied High Commission for Germany; (b) the Government of the Federal Republic of Germany; (c) the Inter-Allied Kommandatura in Berlin (in so far as the authority of this body extended over those areas of Berlin over which the French, United Kingdom and United States Commanders in Berlin exercised authority); and (d) the Government of the Western Sectors of Berlin. 65. Following its return to Geneva, the Commission addressed third letter on 26 March 1952 to the Chairman of the Soviet Control Commission for Germany and a fourth on 9 April. In its last letter, the Commission stated that it would appreciate receiving a reply as early as possible and in any event before 27 April. 66. The Commission, bearing in mind the direction given to it by paragraph 4 (a) of General Assembly resolution 510 (VI), decided on 9 April 1952 that it should report before long to the Secretary-General of the United Nations on the results of its efforts to make with all the parties concerned the arrangements deemed necessary by it to enable it to undertake its work. It was of the view that its report should , if possible, be submitted by the end of April. Not having received a reply to any of its four letters to the Soviet Control Commission before 27 April, the Commission decided on 28 April to proceed with the preparation and submission of the present report. ( :*:*: GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1809 government. It remains the policy of the United States Government 67. While the Commission has been successful in carrying out its preliminary task in the Federal Republic of Germany and in the Western Sectors of Berlin, it has not thus far been able to establish reciprocal contact with the authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin even by correspondence. The Commission consequently has not thus far been able to make with the authorities concerned in the Soviet Zone of Germany and in the Eastern Sector of Berlin the arrangements deemed necessary by it to enable it to undertake its work in accordance with its terins of ref- erence. Bearing in mind the infructuous efforts it has made on four separate occasions to appeal to the Soviet Control Commission for Germany to facilitate it in the discharge of its duties, the Commis- sion, to its regret, is obliged to conclude that at present there is little prospect of its being able to pursue its task. 68. However, in view of the fact that sub-paragraph 4 (C) of General Assembly resolution 510 (VI) "directs the Commission, if it is unable forthwith to make these arrangements, to make a further attempt to carry out its task at such time as it is satisfied that the German authorities in the Federal Republic, in Berlin, and in the Soviet Zone will admit the Commission, as it is desirable to leave the door open for the Commission to carry out its task”, the Commission will remain at the disposal of the United Nations and the parties concerned, and will make a further attempt to implement its mandate at such time as it seems likely to the Commission that new steps may lead to positive results. 69. The following four representatives on the Commission, whose signatures are appended below, unanimously adopted the report at the twenty-first meeting of the Commission held on 30 April 1952 in the Palais des Nations, Geneva. (Signed) Brazil A. MENDES VIANNA Iceland K. ALBERTSON Netherlands M. KOHNSTAMM Pakistan A. H. ABBASI 68. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MAY 13, 1952 1 1. In reply to the Soviet Government's note of the 9th of April,? the United States Government wishes to make the following observa- tions in regard to the unity of Germany, the election of a free all- German government and the conclusion of a peace treaty with that French Embassies at Moscow delivered similar notes on the same day. Department of State Bulletin, May 26, 1952, pp. 817-819. The British and 2 Ibid., pp. 819-820. 415900_-57-Vol. 2----11 1810 AMERICAN FOREIGN POLICY, 1950-1955 to achieve these objectives on terms that will insure unity with freedom and peace with security. 2. It is ready to begin negotiations with the Soviet Government on these issues; and it desires to do so just as soon as it is clearly apparent that it is also the intention of the Soviet Government to avoid the fruitless negotiations of the past. The United States Government and the Governments of the United Kingdom, France and the Soviet Union must therefore first reach a clear understanding upon the scope of the negotiations and upon the fundamental problems to be exam- ined. Proper preparation is essential to success and to avoid long delays. The Soviet Government's note of the 9th of April throws little new light on what it considers should be the means of insuring the success of any such negotiations. 3. In its latest note the Soviet Government now stipulates that Germany must not be included "into one or another grouping of powers directed against any peace-loving state”. Germany's pro- posed membership in the United Nations should surely make such provision unnecessary. In any case the United States Govern- ment could not accept any provisions forbidding Germany to enter into association with other states which one of the signatories of the peace treaty might arbitrarily choose to regard as "directed against any peace-loving state". It cannot admit that Germany should be denied the basic right of a free and equal nation to associate itsel with other nations for peaceful purposes. It must assume that the Soviet Government likewise cannot object to Germany's right to enter into defensive agreements. 4. In its note of March 25,' the United States Government pointed out that it is giving full support to the efforts which the free states of Western Europe, including the German Federal Republic, are mak- ing to bring into being a peaceful European community and thus to begin a new era in which international relations will be based on cooperation and not on rivalry and distrust. The United States Government welcomes the development of such a European com munity in which Germany will participate. Germany is divided because Europe is divided. This policy of European unity cannot threaten the interests of the Soviet Union or of any country whose policy is devoted to the maintenance of peace. Tảe United States Government will , therefore, not be deflected from its support of the policy. It is more than ever convinced that it represents the tru path of peace. 5. The United States Government has no responsibility for the failure to extend this cooperation beyond its present limits, remains ready to examine with sincerity and good will any practica and precise suggestions designed to reduce tension and to heal exist ing divisions. 6. A German peace treaty can be worked out only if there is all-German government formed as a result of free elections and ab to participate in full freedom in the discussion of such a treaty, is, therefore, not possible to hold discussions now about the provision I I Supra, doc. 66. .1.2: ĜERMANY, AUSTRIA, AND EUROPEAN SECURITY 1811 of a German peace treaty. The U.S. Government has already made known its views on some of the Soviet Government's proposals espe- cially its erroneous interpretation of the territorial provisions of the Potsdam protocol and its intention to confine Germany in a position of permanent isolation from Western Europe while obliging her to seek to provide for her defense solely through her own national armed forces. The Soviet proposals would mean permanent shackles upon Germany's rights of international association and a permanent state of tension and insecurity in the center of Europe. 7. The all-German government resulting from free election must itself be free. Such freedom is essential both before and after a peace treaty has been negotiated. It must be able to maintain its genuinely representative character; to assume its responsibilities as the government of a reunited Germany and to play its full part in the discussion of the peace-treaty. This question of freedom is, therefore, inseparable from the problem of elections. The Soviet Government has still failed to give any indication of its views on this subject. The United States Government must ask specifically whether the Soviet Government considers that an all-German gov- ernment, resulting from free elections, would be under four-power control until after the conclusion of a peace treaty or whether they agree that it should have the necessary freedom of action and powers of government. 8. The United States Government is happy to note that the Soviet Government now agrees in principle that there should be free elec- tions throughout Germany. Such free elections can, however, only be held if the necessary conditions exist in all parts of Germany and will be maintained not only on the day of voting, and prior to it, but also thereafter. An essential first step is, therefore, to insure such conditions. Otherwise, no progress can be made. In recent years the eastern part of Germany has evolved in a direction increasingly divergent from the main path of German progress. This is a prin- cipal reason why an impartial inquiry is needed before elections can take place 9. The Soviet Government does not agree, however, that the international commission set up by the General Assembly of the United Nations should carry out such an inquiry throughout Ger- many. It bases this refusal on its interpretation of Article 107 of the United Nations Charter. But this reads as follows: "Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.” These words clearly do not preclude the United Nations from considering these aspects of German affairs. This interpreta- tion was upheld by the United Nations General Assembly by an overwhelming majority. However, even under the Soviet Govern- ment's erroneous interpretation of the Charter there is nothing to prevent the Four Powers from availing themselves of the United See supra, doc. 65. 1812 AMERICAN FOREIGN POLICY, 1950-1955 Nations Commission in order to determine the conditions in which genuinely free elections could be held throughout Germany. 10. The Soviet Government suggests instead that responsibility for the inquiry could be entrusted to a commission formed by the four occupying powers. Before the United States Government could feel assured that this suggestion would result in an impartial inquiry it would need to know what would be the composition and functions of such a body. A commission composed solely of members with direct responsibilities in Germany would be both judge and party . Experience during the period of four-power control of Germany sug- gests that it would not be able to reach useful decisions. Thus the elections would be greatly delayed. Nor can the United States Government overlook the fact thắt the appointment of a four-power commission might be interpreted as a step towards the re-establish- ment of four-power control in Germany. This would be a retrograde move, out of keeping with constitutional developments in the Fed- eral Republic. 11. For these reasons the United States Government maintains its preference for the United Nations Commission: It is already in being, its functions have been laid down and it can take action without delay. Nevertheless, the United States Government is ready to examine every possibility of determining whether conditions of free- dom exist throughout Germany for the holding of genuinely free elec- tions. The United States Government in agreement with the United Kingdom and French Governments and after consultation with the German Federal Government and the German authorities in Berlin, accordingly makes the following proposals: (i) An impartial commission should immediately determine whether there exist in the Soviet Zone of Germany, as well as in the German Federal Republic and in all sectors of Berlin, the conditions necessary for the holding of free elections and, if not, should recommend for consideration by the Four Powers exercising responsibilities in Ger- many what step should be taken to create such conditions. The Four Powers should give the necessary facilities for the investigation of such a commission in the German Federal Republic, in the Soviet Zone, and in all sectors of Berlin. The three Western Powers and the German Federal Government have already stated their willing ness to do so. (ii) The Four Powers should utilize for this purpose the United Nations Commission which is already available. This seems the quickest and most practical course. (ii) Despite its strong preference for the procedure under @ above, the United States Government is ready to consider any other practical and precise proposals for an impartial commission of inves- tigation which the Soviet Government may wish to put forward, on the one condition that they are likely to promote the early holding of free elections throughout Germany. (iv) As soon 'as the report of such an impartial commission available, representatives of the United States, United Kingdom, 1813 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Government nevertheless offered to consider any other practical Government might advance. French Embassies delivered similar notes. Department of State Bulletin, July 21, 1952, pp. 92–93. The British and 3 Department of State Bulletin, July 21, 1952, pp. 93–96. French and Soviet Governments would meet to consider it, with a view to reaching agreement on: (A) The early holding of free elections throughout Germany, including the creation where necessary of the appropriate conditions; and (B) The assurances to be given by the Four Powers that the all-German government, formed as the result of these free elections, will have the necessary freedom of action during the period before the peace treaty comes into effect. 69. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, JULY 10, 19521 In its note of May 13 2 the United States Government made various proposals in the hope of facilitating four power conversa- tions which could lead to the unification of Germany and to the nego- tiation with an all-German Government of a German peace treaty. It observes with regret that the Soviet Government in its note of May 24 3 does not answer these proposals. The United States Government fully maintains the views and proposals in its note of May 13. On this basis it wishes in its present note primarily to con- centrate attention upon the immediate practical problem of the pro- cedure for setting up, through free elections, an all-German Govern- ment with which a peace treaty can be negotiated. In its note the Soviet Government once more proposes simul- taneous discussions on a peace treaty, the unification of Germany, and the formation of an all-German Government. For its part, the United States Government maintains its position on this question, namely, that an all-German Government must participate in the negotiation of a peace treaty, and that, therefore, before under- taking such negotiations Germany must be'unified and an all-German Government established. Unification of Germany can be achieved only through free elections. The essential first step is obviously the determination that conditions necessary for such free elections exist. The second step would be the holding of those elections. In regard to the first step, the United States Government proposed in its note of May 13 that an impartial Commission should determine whether there exist throughout Germany the conditions necessary for the holding of free elections. While pointing out the great ad- vantages of using the United Nations Commission, the United States The Soviet Government advances no such proposals and limits itself to maintaining its position on the 1 1 2 Supra. 1814 AMERICAN FOREIGN POLICY, 1950-1955 appointment of a Commission to carry out this verification by agree- ment among the four Powers. It is not clear to the United States Government whether the Soviet Government considers that the Commission should be composed of representatives of the four Powers or merely that the four Powers should agree on its composition, and the United States Government would be pleased to receive clarification on this point. The United States Government remains convinced that a Commission composed solely of nationals of the four Powers would be unable to reach useful decisions since it could only reflect present differences of opinion among the four Powers as to conditions existing in the Federal Republic, in the Soviet Zone and in Berlin. The United States Government considers that if the Commission is to carry out its work effectively, it should be composed of impartial members, should not be subject to veto or control by the four Powers and should be empowered to go freely into all parts of Germany and investigate conditions bearing on the possibility of holding free elections. In regard to the second step, the United States Government similarly proposed that as soon as the Commission's report was ready there should be a meeting of representatives of the United States, French, Soviet and United Kingdom Governments to discuss the early holding of free elections throughout Germany, including the creation where necessary of appropriate conditions. The United States Government maintains this proposal to which the Soviet Government has not yet replied. 70. SECOND REPORT OF THE UNITED NATIONS COMMIS- SION TO INVESTIGATE CONDITIONS FOR FREE ELEC- TIONS IN GERMANY, AUGUST 5, 1952 1 1. The United Nations Commission to investigate Conditions for Free Elections in Germany submits to the Secretary-General the present report covering its work during the period from May to August 1952 in pursuance of the direction given to it by the General Assembly of the United Nations. 2. In compliance with the direction given to it under the terms of paragraph 4 (a) of the resolution adopted by the General Assembly on 20 December 1951 (resolution 510 (VI)) 2 on the agenda item entitled “Appointment of an impartial international commission under United Nations supervision to carry out a simultaneous in- vestigation in the Federal Republic of Germany, in Berlin, and in the Soviet Zone of Germany in order to determine whether existing conditions there make it possible to hold genuinely free elections throughout these areas', the Commission submitted on 1 May 1952 (30 April] its reports on the results of its efforts to make the 1 U.N. doc. A/2122/Add. 2, Aug. 11, 1952. 2 Supra, doc. 65. 3 Supra, doc. 67. 1815 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1 then existing position in paragraphs 67 and 68, which for the sake of preliminary task in the Federal Republic of Germany and in the Western Sectors of Berlin, it has not thus far been able to estab- lish reciprocal contact with the authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin even by correspond- necessary arrangements with all the parties concerned to enable it to undertake its work according to the terms of the said resolution. 3. This first report of the Commission contained an account of its activities from 11 February 1952, the date when the Commission first met and organized itself, to 30 April 1952, the date by which the Commission considered it was obliged to submit its first report, after having made in that preliminary period every reasonable effort to make the necessary arrangements with all the parties concerned to enable it to undertake its work. 4. The present report, which supplements the first and is in a sense & postscript to it, contains a brief account of the work of the Com- mission in the three-month period subsequent to the submission of the first report, including a brief summation of the views of the Commission as regards developments in the German situation in so far as they may be regarded as having had a bearing on the specific task the Commission was required to carry out. The report is being submitted in accordance with the direction to the Commission contained in paragraph 4 (d) of General Assembly resolution 510 (VI), which "directs the Commission in any event to report, not later than 1 September 1952, on the results of its ac- tivities to the Secretary-General, for the consideration of the four Powers and for the information of the other Members of the United Nations". 6. At its 24th meeting held on 31 July 1952 in Geneva, the Com- mission decided that the final report it was required to submit ac- cording to the terms of paragraph 4 (d) of the resolution quoted above should not be delayed any longer, as, in its view, there ap- peared at the time hardly any further possibility of its being able to carry out its task of simultaneous investigation throughout the whole of Germany of conditions for free elections in that country. Throughout the period of three months during which the Commission has had to remain in Geneva at no little sacrifice to the Member Governments concerned, in constant session and ready to go into action at any time it could do so or it appeared feasible to make an attempt to do so, it had become increasingly evident that the un- willingness to co-operate with and assist the Commission to discharge its task displayed at the sixth session of the General Assembly by the representatives of the Union of Soviet Socialist Republics and of the German authorities in the Soviet Zone of Germany, remained un- 7. It will be recalled that the Commission in its first report stated the ready reference are reproduced below: "While the Commission has been successful in carrying out its diminished. 1816 AMERICAN FOREIGN POLICY, 1950-1955 ence. The Commission consequently has not thus far beer able to make with the authorities concerned in the Soviet Zone of Germany and in the Eastern Sector of Berlin the arrangements deemed necessary by it to enable it to undertake its work in accord ance with its terms of reference. Bearing in mind the infructuos efforts it has made on four separate occasions to appeal to the Soviet Control Commission for Germany to facilitate it in the discharge of its duties, the Commission, to its regret, is obliged conclude that at present there is little prospect of its being able to pursue its task. "However, in view of the fact that sub-paragraph 4 (c) of General Assembly resolution 510 (VI) directs the Commission, if it is u able forthwith to make these arrangements, to make a further attempt to carry out its task at such time as it is satisfied that the German authorities in the Federal Republic, in Berlin, and in the Soviet Zone will admit the Commission, as it is desirable to lear the door open for the Commission to carry out its task’, the Com mission will remain at the disposal of the United Nations and the parties concerned, and will make a further attempt to implement its mandate at such time as it seems likely to the Commission that new steps may lead to positive results". 8. In all the period that the Commission has had to remain in session in Geneva since the submission of its first report in order to make an effort to implement, if feasible, the directions given to it by par: graphs 4 (c) and 4 (b) of General Assembly resolution 510 (VI), the Commission had hoped that the authorities of the USSR as well as the German authorities in the Soviet Zone of Germany would ult- mately see their way clear to co-operate with the Commission, an impartial, international body set up by the United Nations with the positive support of forty-five out of its sixty Members, and one had already received every assurance of co-operation from the author- ities representing by far the greater portion of the German people This hope was entertained by the Commission because of its under standing that the authorities of the USSR as well as the Germau authorites in the Soviet Zone of Germany, were as anxious as the thre Western Power's and the authorities in the Federal Republic of Ge many and the Western Sectors of Berlin to bring about a peaceful solution to the German question by way of the formation of a free elected all-German government with which the four occupyic Powers could proceed to negotiate a peace treaty. It seemed cler to the Commission that the four occupying Powers were agreed that an essential preliminary to the formation of an all-German govert ment was that it should be formed on the basis of free elections, an further that, prior to the formation of such a government, an investi : gation by an impartial body was necessary to determine whether existing conditions throughout Germany admitted of the possibilit of genuinely free elections. It was the Commission's hope that the Government of the USSR, anxious as it was for a quick and just solution to the German question, would ultimately be persuaded in that 1817 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Department of State Bulletin, Apr. 7, 1952, pp. 531-532. (supra, doc. 68). The Soviet Union sent its third note to the three Western Powers on May 24, 1952 (Department of State Bulletin, July 21, 1952, pp. Quoted from the text of the Note of the three Western Powers dated 13 May repose faith in a body that had been set up by an overwhelming majority of its colleagues in the United Nations. 9. In the period between the submission of its first report and before it could make a further attempt to carry out its task, the Commis- sion considered that it would have to be reasonably certain that, at whatever time it did make the further attempt, it would be attended with some prospect of success. The Commission, therefore, was per- force concerned to consider closely developments in the German situation arising out of the exchange of Notes between the USSR on the one hand, and France, the United Kingdom and the United States of America on the other, as well as significant developments inside Germany itself. 10. The series of Notes on the German question exchanged between the USSR and the three Western Powers, it will be recalled, com- menced with one from the USSR dated 10 March 1952, by which date the Commission had been in existence and at work for a month. By the time the Commission submitted its first report on 1 May 1952, the USSR had addressed two Notes to the three Western Powers (on 10 March and 9 April 2 respectively), and the three Western Powers had replied on 25 March to the first Soviet Note. Between 1 May and 5 August 1952, the date on which the present report was adopted by the Commission, three further Notes 4 were exchanged between the four occupying Powers. In none of the six Notes could the Commission discern any agreement whatsoever between the USSR and the three Western Powers as to utilization of the Commission in carrying out an investigation in all of Germany to determine whether existing conditions there made it possible to hold genuinely free elections in that country. Indeed, what became more obvious as a result of the exchange of the series of Notes was the following: (1) that the three Western Powers, while they continued to maintain more or less strongly their preference for the present United Nations Commission, were nevertheless prepared at the same time “to consider any other practical and precise proposals for an impartial commission of investigation which the Soviet Govern- ment may wish to put forward, on the one condition that they are likely to promote the early holding of free elections throughout Germany's and (2) that the USSR, continuing to maintain its objection to the competence of the United Nations to concern itself with the German question, rejected investigation by the present Commission, while it was agreeable to an investigation by another impartial commission formed by the four Powers occupying Germany. 3 Ibid., May 26, 1952, pp. 819-820. 3 Supra, doc. 66. The three Western Powers replied to the second Soviet note on May 13, 1952 1952' addressed to the USSR. [Footnote in original.] 1 1952 (supra). 5 1818 AMERICAN FOREIGN POLICY, 1950-1955 sine die, desiring, however, to maintain its headquarters and secre. 11. The Commission, at this point, would like to make certain obser- vations. While on the one hand, the Commission derives its mandate solely from the General Assembly of the United Nations, it is, on the other hand, entirely dependent on the willingness of all the parties concerned to co-operate unreservedly with it for the execution of its mandate. It has so far been unable to secure this co-operation from the authorities in the Soviet Zone of Germany, and it could see at the time of the adoption of the present report little prospect of its being able to do so in the near future. The Commission, as a United Nations body, is anxious above all for an early, just and peaceful solution of the German question, regardless of whether the steps contributing to such a solution are to be worked out under the aus- pices of the United Nations or not. The United Nations, the Com- mission is confident, would at all times be prepared to heed any appeal for its assistance in the finding of a peaceful solution to this question. This being its view, the Commission would not desire to suggest that it alone affords the only impartial means of investigating existing conditions in all of Germany. The Commission would consider its existence and its work hitherto justified, and its mission in substance fulfilled, if, by agreement among the four occupying Powers, another equally impartial body were to be set up whic could and would carry out the essentials of the mandate entrusted to the present United Nations Commission. 12. Apart from its consideration of the situation arising out of the exchange of the series of Notes between the USSR and the three Western Powers, the Commission, during the last three-month period has also been watching with concern reports of internal developments in Germany. These have been such as to afford no hope to the Com- mission that the German authorities in the Soviet Zone of Germany will co-operate with it in the execution of its task. 13. At its 23rd meeting held on 11 July, the Commission felt that might perhaps be well for it to wait to consider the USSR reply to the Note of the three Western Powers dated 10 July before deciding to submit the present report and adjourn its session sine die. How ever, after further prolonged deliberation, it decided that, if past events provided any indication of the nature of things to come, was little prospect of its being able to carry out its task any further beyond what it had been able to do in the preliminary period of it activity. At its 24th meeting held on 31 July, the Commission decided, therefore, to submit its final report and adjourn its session tariat in the Palais des Nations, Geneva, until the expiry of its man date. While with the adjournment sine die of its session the Com mission has left its representatives free to resume duty with their respective Governments, the Commission as a body wishes, again to lay stress on the fact that, in compliance with the resolutio of the General Assembly, it will continue to remain at the disposal of the United Nations and all the parties concerned to carry out its task during such time as the mandate entrusted to it remains in force, there however . and GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1819 1 2 Ibid., pp. 518-521. at such time as it seems likely to the Commission that it can do so with a prospect of positive results. 14. The following four representatives on the Commission, whose signatures are appended below, unanimously adopted the report at the 25th meeting of the Commission held on 5 August 1952 in the Palais des Nations, Geneva. Signed: Brazil A. MENDES VIANNA Iceland KRISTJÁN ALBERTSON Netherlands M. KOHNSTAMM Pakistan A. H. ABBASI 71. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 23, 1952 The United States Government has carefully considered the Soviet Government's note of August 23 about Germany. It had hoped that the note would have marked some progress towards agreement on the essential question of free all-German elections. This is the first question which must be settled among the four powers so that Germany can be unified, an all-German Government formed and a peace treaty concluded. Possibly in order to divert attention from this issue, the greater part of the Soviet note of August 23 is, however, devoted to wholly unfounded attacks upon the Atlantic Pact, the European Defense Community 3 and the conventions signed at Bonn on May 26.4 As the United States Government has often emphasized, these agree- ments are purely defensive and threaten no one. The Bonn conven- tions and the #pc treaty, far from being imposed on the German People, are a matter for free decision by freely elected Parliaments, including of course that of the German Federal Republic. Insofar as the Bonn conventions reserve certain strictly limited rights to the three Western powers, a fundamental consideration has been specific- cally to safeguard the principle of German unity and to keep the door open for agreement with the Soviet Union on the unification of The United States Government must insist on the necessity of starting four-power discussions at the only point where they can in fact start, which is the organization of free elections. In its note of July 10, the United States Government drew attention to the obvious fact that this is the first point which must be settled if any progress is to be made towards uniting the Soviet zone with the Federal French Embassies sent similar notes on the same date. The Soviet Government Department of State Bulletin, Oct. 6, 1952, pp. 517–518. The British and did not reply to the notes of the three powers. . See the treaty of May 27, 1952; supra, pp. 1107–1150. 19. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, 25-165. Germany 5 Supra, doc. 69. 1820 AMERICAN FOREIGN POLICY, 1950–1955 Republic, which constitutes the greater part of Germany. In its first note, as in its last, the Soviet Government has evaded this clear issue. Instead of putting first things first, it now relegates to the background the problem of elections and proposes that the four- power conference should discuss in the first place such important issues âs a peace treaty with Germany and the formation of an all- German Government". But until elections are held, no all-German Government can be formed, nor can Germany be unified. Until an all-German Government is formed which will be in a position to nego- tiate freely, it is impossible to discuss the terms of à German peace treaty. In complete accord with the views of the United States, French and United Kingdom Governments, the Soviet Government originally said that "the preparation of the peace treaty should be effected with the participation of Germany in the form of an all-German Government”. The Soviet Government has now shifted its ground. It now sub- stitutes for this, the participation of representatives of the Soviet zone and the Federal Republic in the four-power meetings "during the discussion of relevant questions". The United States Government cannot accept this proposal. A peace treaty for the whole of Germany cannot be negotiated with, and accepted by, any German representa- tives other than the all-German Government which would have to carry it out. Such a government can only proceed from free elections. It is moreover well known that the East German administration is not representative of the German population of the Soviet zone, This fact is not controverted by the assertion in the Soviet note of August 23 that this administration acted “at the request" of that population in enforcing recent measures further dividing East and West Germans in defiance of their clear desire for unity in freedom. The United States Government is compelled to remind the Soviet Government that conditions have altered radically since the Potsdam Agreement of 1945, 2 which laid down certain political and economic principles to govern the initial control period. The Soviet conception of a peace treaty drafted by the four powers and imposed upon Germany is entirely unsuitable in 1952. The United States Govern- ment could never agree to a peace treaty being drafted or without the participation of an all-German Government. Any other procedure would mean a dictated treaty. That indeed would be an insult to the German nation”. The United States Government again insists that genuinely free elections with a view to the formation of an all-German Government must come first. It has however learned by hard experience in recent years that terms such as "free elections” have one meaning in common parlance and another in the official Soviet vocabulary. The contrast between the concept of free elections which obtains in West Germany and that which prevails in the Soviet Zone is clear. It is for the 1 For a translation of the Soviet note of Mar. 10, 1952, in which the translation of this passage is slightly different, see Department of State Bulletin, Apr. 7, 1952, pp. 531-532. 2 A Decade of American Foreign Policy, pp. 34-48. negotiated AU GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1821 all-German elections and an appeal to the Bundestag at Bonn; Documents on · 1951, by President Grotwohl to the People's Chamber; ibid., pp. 198-201. German Unity vol. I (Frankfurt, 1951), pp. 196, 197. Cf. statement of Sept. 15. German people to choose between these alternative ways of life. But they must be able to make their choice in genuine freedom and full responsibility. Only genuinely free elections can reflect the will of the German people and permit the formation of an all-German Government with the necessary freedom of action to discuss and accept a peace settlement. In order to create the conditions necessary for free elections, there has been four-power agreement that there should be a commission of investigation. The Soviet Government has now proposed that this commission should be composed of representatives of the People's Assembly of the "German Democratic Republic" and of the Bundestag of the German Federal Republic. A commission of investigation must, however, be genuinely impartial. A German commission would be no more able than a four-power commission to meet this requirement. The underlying principle of the present Soviet proposal was contained in one which emanated from the Soviet zone on September 15, 1951. This was rejected by the Bundestag, which then suggested investigation by a United Nations Commission. It was thus the freely elected representatives of fifty millions of the German people who themselves proposed the creation of a neutral investigation commission under United Nations supervision. Never- theless, the United States Government repeats its readiness to discuss any practical and precise proposals, as stated in its note of the tenth The United States Government continues to seek a way to end the division of Germany. This will not be accomplished by premature discussions about a peace treaty with a Germany not yet united and lacking an all-German Government. The United States Government therefore renews the proposal made in its note of July 10 for an early four-power meeting which could take place in October—to discuss the composition, functions and authority of an impartial commission of investigation with a view to creating the conditions necessary for free elections. The next step would be to discuss the arrangements for the holding of these elections and for the formation of an all- German Government, as proposed in paragraph 11 (IV) of the United States Government's note of May 13. When free elections have been held and an all-German Government formed, the peace settlement can be negotiated. The United States Government, in concert with the French Government and the United Kingdom Government and after consultation with the German Federal Government and the German authorities in Berlin, most earnestly urges the Soviet Govern- ment to reconsider its refusal to join the other powers in a single- minded effort thus to come to grips with the problem of free elections See resolutions of this date by the Soviet Zone People's Chamber concerning of July. in Germany. .هالمشهد 1822 AMERICAN FOREIGN POLICY, 1950–1955 United States at their meeting in London on May 18 reaffirmed E. AUSTRIAN STATE TREATY NEGOTIATION, 1950- 1953 72. DECLARATION BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, MAY 19, 1950 1 The Governments of the United States, the United Kingdom and France reaffirm that their policy with respect to Austria requires the earliest possible completion of an Austrian treaty which will lead to the restoration of a free and independent Austria in accordance with the pledge given in the Moscow Declaration of November 1, 1943, and to the withdrawal of the forces of occupation. To this end the three Governments are ready at any time to settle without delay all outstanding issues of the treaty, provided that this will definitely bring about agreement on the treaty as a whole. I however, the unwillingness of the Soviet Government to settle all outstanding issues continues to prevent the conclusion of the treaty, the occupation will have to be maintained for the present. But the three Governments are themselves prepared to carry out such meas- ures as may properly be taken to strengthen within the framework of existing quadripartite agreements the authority of the Austrian Government and to lighten the burden of the occupation on Austria In accordance with the provisions of Article 9 of the control agree ment of June 28, 1946,3 the three Governments have decided to proceed at any early date to the appointment of civilian High Com- missioners. 73. NOTE FROM THE AMERICAN AMBASSADOR AT MOS. COW4 TO THE SOVIET MINISTER OF FOREIGN AFFAIRS JUNE 12, 1950 I have the honor to refer to the situation in which the deputies for the Austrian treaty negotiations have been unable to reach agree ment on the terms of an Austrian state treaty. It will be recalled that Austrian independence was pledged in the Moscow Declaration of 1943,’ and my Government regrets exceedingly the failure to reach an agreement which would result in the fulfillment of this pledge The Foreign Ministers of the United Kingdom, France, and the that their policy with respect to Austria requires the earliest possible completion of an Austrian treaty which will lead to the restoration 6 1 Department of State Bulletin, May 29, 1950, p. 828. 2 A Decade of American Foreign Policy, p. 11. 3 Ibid., p. 618. 4 Adm. Alan G. Kirk. 5 Andrei Y. Vyshinsky. 8 Department of State Bulletin, July 10, 1950, p. 74. 1 A Decade of American Foreign Policy, p. 11. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1823 } } 1 | Notes of Mar. 7, 1950; Keesing's Contemporary Archives, Apr. 15–22, 1950, p. Department of State Bulletin, July 24, 1950, pp. 131-132. 5 Documents on International Affairs, 1950 (London, 1953), pp. 519-521. Ibid., pp. 515-519. 7 Department of State Bulletin, June 26, 1950, p. 1054. of a free and independent Austria in accordance with the pledge given in the Moscow Declaration and to the withdrawal of the forces of occupation. The three governments further agreed that they are ready at any time to settle without delay all outstanding issues of the treaty, provided that this will definitely bring about agreement on the treaty as a whole. In the absence of a treaty, the three governments agreed that they are prepared to carry out such measures as may properly be taken to strengthen, within the framework of existing quadripartite agree- ments, the authority of the Austrian Government and to lighten the burden of the occupation on Austria to the greatest extent possible as requested by the Austrian Government in recent notes to the occupy- ing powers. The three Foreign Ministers further agreed to proceed at an early date to appoint civilian high commissioners in Austria in accordance with the provisions of Article 9 of the Control Agree- ment of June 28, 1946.3 My Government would be pleased if the Government of the Soviet Union, pending final decision on the treaty, would associate itself with the program determined upon by the three Foreign Ministers. In the meantime, my Government will , on its part, as a first step in such a program, proceed at an early date to designate a civilian high commissioner to replace its present military commander in Austria and hopes that the Soviet Government will take similar action. 74. STATEMENT TO THE PRESS BY THE SECRETARY OF STATE, JULY 12, 1950 4 The deputies for the Austrian treaty negotiations met in London on July 10 for their 256th meeting. In obvious preparation for this meeting, the Soviet Government on July 8 sent to the American Embassy in Moscow a second note 5 regarding the Allied position in Trieste. This second note merely repeats the unfounded allegations in the Soviet note of April 20. This Government's reply of June 16 ? adequately answered those allegations. There is, of course, no valid reason for linking the two questions, but, true to the Soviet propaganda pattern, the Soviet deputy for the Austrian treaty negotiations, at the July 10 meeting, instead of discussing the remaining unagreed articles of the Austrian treaty , utilized the meeting to read a prepared statement on Trieste. This Soviet action once again emphasizes that the Soviet Govern- See the tripartite declaration of May 19, 1950; supra. : A Decade of American Foreign Policy, p. 618. 6 10660. & Not printed. ܐܒܬܟܬܚܟܪܟ 1824 AMERICAN FOREIGN POLICY, 1950–1955 4 Agreement of June 28, 1946; A Decade of American Foreign Policy, pp. 614-620 ment does not wish to conclude an Austrian treaty at this time despite the pledge which it made in the Moscow Declaration in 1943) to reestablish Austria as a free and independent nation. The efforts of the Western deputies to negotiate and conclude the treaty were unsuccessful and, in view of the impasse, the deputies adjourned, with the Western deputies agreeing to meet again on September 7 The Soviet deputy stated that it would be necessary for him to refer to his Government for consideration the Western proposal to meet again on September 7. The British, French, and United States Foreign Ministers agreed at their meeting in London last Mayề that their respective Govern- ments are ready at any time to settle without delay all outstanding issues of the treaty provided that this will definitely bring about agreement on the treaty as a whole. The principles agreed upon by the three Foreign Ministers were communicated to the Soviet Gor- ernment on June 123 in the hope that the Soviet Government would agree to associate itself with the program and that more definite progress in the solution of the Austrian problem might thus be achieved. No reply has been received from the Soviet Govern- ment to this approach. The only true basis on which Austria can exercise full sovereignty is by four-power agreement and the withdrawal from Austrian soil of all forces of occupation. It is fundamental that the Government of the United States desires the achievement of this objective. Soviet actions designed to prevent conclusion of the Austrian treaty must necessarily result in a delay in the fulfillment of Austria's desire, with which this Government is in full sympathy, to enjor complete independence. Under these circumstances, the thre Western Governments are endeavoring, within the framework existing four-power agreements, to carry out such measures as mer properly be taken to strengthen the authority of the Austrian Gora ernment and to lighten Austria's occupation burdens. It should be borne in mind, in this connection, that any steps heretofore taken or to be taken by this Government to reduce Au- tria's occupation burdens are not regarded as a substitute for the treaty. Our actions, in this respect, are endeavors on our take such constructive measures as may properly be taken, pending conclusion of the treaty, to fulfill our obligations under the Control Agreement of 1946+ which provides that the Allied Commission fu Austria shall assist the freely elected Government of Austria recreate a sound and democratic national life and to assume as as possible full control of its own affairs of state. 1 A Decade of American Foreign Policy, p. 11. 2 See the tripartite declaration of May 19 1950; supra, doc. 72. 3 Supra. part to quickly ! 1825 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 3 Department of State Bulletin, Nov. 12, 1951, p. 768. 75. STATEMENT RELEASED TO THE PRESS BY THE DEPART- MENT OF STATE, DECEMBER 15, 1950 1 Once again, the deputies for the Austrian treaty have failed to make any progress because the Soviet representative persists in introducing irrelevant issues in order to avoid discussing the few and relatively minor articles of the treaty which remain unagreed. For over a year, the Soviets, by a series of stalling devices, have re- fused to discuss concrete issues. Again, they have used the Aus- trian discussions to talk about Trieste, an entirely unrelated matter. This development was hardly a surprise, in view of past Soviet tactics. The report, spread earlier this week, that the Soviets had requested the meeting, was incorrect—they merely agreed to a meet- ing proposed weeks ago by the Western deputies. The United States remains determined to do all in its power to conclude an Austrian treaty but such a treaty is impossible until the Soviets agree and withdraw their occupation forces. Until they do So, the United States will be forced to keep its troops in Austria and will continue to live up to its obligations there. Unfortunately, the Austrians are still denied the freedom and independence which were long ago promised to them. 76. STATEMENT TO THE PRESS BY THE UNITED STATES HIGH COMMISSIONER, OCTOBER 31, 19513 The suggestion of the Austrian Government that the Deputy Foreign Ministers of the four occupying powers meet as early as pos- sible to reach a definite agreement on the state treaty is particularly gratifying to me. It is consistent with the unswerving policy of the United States Government to terminate the occupation of Austria by means of a state treaty and is also in keeping with the statement of the Foreign Ministers of the United Kingdom, France, and the United States in Washington on September 14., The United States Government remains firm in its conviction that the four occupying powers should sign and implement the state treaty without further delay and restore Austria to its rightful position as a sovereign nation. The people of Austria can continue to count upon the unqualified support of the United States Government in fulfilling the pledge undertaken at Moscow on November 1, 1943, for the restoration of a free and independent Austria. I personally feel that the Soviets again have the opportunity to demonstrate their good faith in carrying out this agreement and in carrying it out without introducing any issues extraneous to the Austrian problem. It is a clear-cut issue: Either Austria is to be Department of State Bulletin, Dec. 25, 1950, p. 1008. 2 Walter J. Donnelly: See the Austrian note of Oct. 31, 1951; ibid., pp. 768–769. * Supra, pp. 1721-1723. 415900—-57--Vol. 2-12 1826 AMERICAN FOREIGN POLICY, 1950–1955 restored to its full independence and occupation is to be terminated or this unfair occupation will continue. There can be no doubt in the minds of the Austrian people that the United States Government has and will continue to press for the con- clusion of the state treaty and withdrawal of troops from Austria . But, as I have said before, the United States will not withdraw until all of the occupying powers are prepared to do likewise. 77. NOTE FROM THE SECRETARY-GENERAL OF THE AUS TRIAN TREATY DEPUTIES TO THE SOVIET EMBASSY AT LONDON, JANUARY 24, 1952! 3 I have the honor to state that I have been requested by the Deputies for the Austrian Treaty of France, the United Kingdom and the United States of America to inform you as follows: The three Deputies have taken note that the Soviet Government wish to give further study to their communication of January 19th, and that in the meanwhile a Soviet representative is unable to attend a meeting of the Deputies for the Austrian Treaty. The three Deputies recall that a representative of the Soviet Gore ernment was invited on December 28, 1951 to attend such a meeting on January 21, 1952. On the eve of the proposed meeting the Soviet Government sent a reply 4 making the attendance of the Soviet Deputy dependent on an assurance by the Western Deputies that they would agree to discuss certain issues having no relation to the conclusion of the Treaty. For nearly two years the Soviet Deputy has delayed agreement on the Treaty by his insistence upon prior consideration of these issues. The situation has now been further aggravated by the Soviet Government making acceptance of its conditions a prerequisite to a meeting. The three Deputies regret that the failure of the Soviet Deputy to take part in the proposed meeting is continuing to delay the conclu- sion of the Austrian Treaty. Persistence of the Soviet Government in its present attitude would inevitably lead to the conclusion that the Soviet Government is deliberately seeking to obstruct the com- pletion of the Austrian Treaty and the restoration of independence to the Austrian people. The three Deputies still hope that a Soviet representative will be able to attend a meeting at an early date for the purpose of complex ing the Treaty. The chairman remains ready to call a meeting of the Deputies as soon as this can be mutually agreed. 1 Department of State Bulletin, Feb. 4, 1952, p. 160. 2 Ibid., Mar. 3, 1952, p. 327. 3 See the Soviet note of Jan. 21, 1952; ibid. 4 See the Soviet note of Jan. 18, 1952; ibid., pp. 326–327. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1827 78. STATEMENT BY THE GOVERNMENTS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, FEBRU- ARY 28, 1952 1 The Governments of France, the United Kingdom, and the United States of America are seriously concerned that arrangements which had been made for discussion by the deputies for the Austrian treaty to take place on the 21st of January for the purpose of concluding the treaty, were frustrated owing to the failure of the Soviet deputy to attend.2 The three Governments recall that Austria, the first country to be occupied by Hitler, was promised her freedom and independence in a declaration made in Moscow in the name of the Governments of the United Kingdom, the United States of America, and the Union of Soviet Socialist Republics in 1943.3 France associated herself with this declaration on the 16th of November 1943.4 The Governments then announced their determination that Austria should be liberated from German domination and reestablished as a free and independent country. Yet 8 years afterwards and despite 258 meetings of the deputies to conclude the treaty, Austria has not yet regained her full independence. Her laws are submitted to a foreign body before being passed, her communications are controlled and censored, and, above all, her territory is divided into zones occupied by foreign troops with all the economic and moral hardship on the Austrian people that this implies. The Austrians ardently desire to see terminated a state of affairs which should rightly have ended long ago. The three Governments fully share this aspiration and consider that renewed efforts should be made to solve a problem with which the world ought no longer to be confronted. They are, therefore, urgently examining new proposals so that the Four Powers may be enabled to fulfill their pledge made in the Moscow Declaration to restore to Austria her full freedom and independence. 1 Department of State Bulletin, Mar. 10, 1952, pp. 379–380. In releasing the above statement at Washington, the Department of State emphasized that no consideration is being given to the conclusion of a separate treaty for Austria without Soviet participation. [Footnote in Bulletin.] 2 See note of Jan. 24, 1952, from the Secretary-General of the Austrian Treaty Deputies to the Soviet Embassy at London; supra. Declaration on Austria, Nov. 1, 1943; A Decade of American Foreign Policy, * Recueil de textes à l'usage des conférences de la paix (Paris, 1946), p. 123. p. 11. 1828 AMERICAN FOREIGN POLICY, 1950–1955 79. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MARCH 13, 1952 1 1 On February 28 the Governments of the United Kingdom, the United States of America, and France publicly expressed their serious concern that the discussions of the Austrian Treaty by the Deputies planned for January 21, for the purpose of concluding the Treaty , were frustrated owing to the failure of the Soviet Deputy to attend They recalled that Austria, the first country to be occupied by Hitler, was promised full independence in the Moscow Declaration of 1943 but that nearly 9 years afterwards this promise has not yet been fulfilled. Responsibility for this state of affairs lies squarely on the Soviet Government. The Four Foreign Ministers reached agreement in Paris on June 20, 1949 on the basic issues involved in the Austrian settlement and instructed their Deputies to complete negotiations on the draft Treaty no later than September 1, 1949. Since that time, the Soviet Government has studiously evaded its obligation towards Austria undertaken in the Moscow Declaration. The Soviet Govern- ment has refused to engage in constructive negotiations on the remain- ing unagreed issues in the draft Treaty, has introduced extraneous issues, and did not send its representative to attend the last scheduled meeting of the Deputies. The Government of the United States considers that failure to reach an Austrian settlement has placed a heavy and unnecessary burden on the Austrian people and has contributed materially to the maintenance of the dangerous tensions which unhappily exist in international relations. It is the most earnest desire of the Govern- ment of the United States to do everything within its power to remove these tensions. The conclusion of an Austrian Treaty would consti- tute an important step toward the consolidation of peace. This Government, in concert with the Governments of the United Kingdom and France, has now examined the Austrian problem aner. The three Governments are in agreement that the paramount obliga . tion of the powers occupying Austria is to restore Austria's freedom and full independence in accordance with the Moscow Declaration. The three Governments are also agreed that this fundamental obliga- tion to the Austrian people is vastly more important than the minor and extraneous considerations which have since June 1949 prevented agreement on the Treaty. Accordingly, the Government of the United States desires to propose to the Soviet Government a simple instrument which will give Austria full independence. This new pro- Department of State Bulletin, Mar. 24, 1952, pp. 448-449; identical notes were sent by the British and French Embassies. For the text of the draft treaty transmitted with this note, see infra. 2 Supra. 3 Declaration on Austria, Nov. 1, 1943; A Decade of American Foreign Polich + See the communiqué of the Sixth Session of the Council of Foreign Ministers ibid., pp. 110-112. 1 p. 11. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1829 themselves have made and will have to continue to make for the admission to the United Nations Organization; 1 , , . * Recueil de textes à l'usage des conférences de la paix (Paris, 1946), p. 123. posal should be examined in the light of the impasse in negotiations on the draft Treaty and the progress of Austria toward democratic self-government during the prolonged occupation. The Soviet Gov- ernment will note that it conforms to the Moscow Declaration and contains the essentials which are required to reestablish Austrian independence. The Government of the United States earnestly recommends that the Soviet Government give this proposal most careful and serious consideration and inquires if the Soviet Government is prepared to instruct its Deputy to renew negotiations. 80. THE ABBREVIATED DRAFT TREATY WITH AUSTRIA, MARCH 13, 1952 1 The Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and France, hereinafter referred to as "the Allied and Associated Powers,” of the one part, and Austria, of the other part; WHEREAS on March 13, 1938, Hitlerite Germany annexed Austria by force and incorporated its territory in the German Reich; WHEREAS in the Moscow Declaration of November 1, 1943, the Governments of the Union of Soviet Socialist Republics, the United Kingdom and the United States of America declared that they re- garded the annexation of Austria by Germany on March 13, 1938, as null and void and affirmed their wish to see Austria reestablished as a free and independent State and the French Committee of Na- tional Liberation made a similar declaration on November 16, 1943;3 WHEREAS as a result of the Allied victory Austria was liberated from the domination of Hitlerite Germany; WHEREAS the Allied and Associated Powers, and Austria, taking into account the importance of the efforts which the Austrian people restoration and democratic reconstruction of their country, desire to conclude a treaty reestablishing Austria as a free, independent and democratic State, thus contributing to the restoration of peace in WHEREAS the Allied and Associated Powers and Austria are desir- ous for these purposes of concluding the present Treaty to serve as the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Austria's candidature for of . Europe; and le eign Ministry, see supra. 2 1830 AMERICAN FOREIGN POLICY, 1950–1955 Have therefore appointed the undersigned Plenipotentiaries who , after presentation of their full powers, found in good and due form, have agreed to the following provisions: ARTICLE 1 Reestablishment of Austria as a Free and Independent State The Allied and Associated Powers recognize that Austria is re- established as a sovereign, independent and democratic State. ARTICLE 2 Preservation of Austria's Independence The Allied and Associated Powers declare that they will respect the independence and territorial integrity of Austria as established under the present Treaty. The Allied and Associated Powers declare that political or economic union (Anschluss) between Austria and Germany is prohibited . Austria fully recognizes its responsibilities in this matter. ARTICLE 3 Frontiers of Austria The frontiers of Austria shall be those existing on January 1, 1938. ARTICLE 4 of Withdrawal of Allied Forces 1. The Agreement on the Machinery of Control in Austria of June 28, 1946,1 shall terminate on the coming into force of the present Treaty. 2. On the coming into force of the present Treaty, the Inter- Allied Governing Authority (Komendatura [Kommandatura]) estal lished under paragraph 4 of the Agreement on Zones of Occupation u Austria and the Administration of the City of Vienna of July 9, 1945 shall cease to exercise any functions with respect to the administration of the City of Vienna. The Agreement on Zones of Occupation Austria shall terminate upon completion of the withdrawal from Austria of the forces of the Allied and Associated Powers and in any case af the expiration of ninety days from the coming into force of the present Treaty. 3. The forces of the Allied and Associated Powers and members of the Allied Commission for Austria shall be withdrawn from Austria as soon as possible and in any case within ninety days from the coming into force of the present Treaty. 4. The Government of Austria shall accord to the forces of the Allied and Associated Powers and the members of the Allied Coll- 1 A Decade of American Foreign Policy, pp. 614-620. 2 Ibid., pp. 610-612. 1831 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Government of the Union of Soviet Socialist Republics. I 1 ratification shall, in the shortest time possible, be deposited with the mission for Austria pending their withdrawal from Austria the same rights, immunities and facilities as they enjoyed immediately before the coming into force of the present Treaty. 5. The Allied and Associated Powers undertake to return to the Government of Austria within the specified period of 90 days: (a) All currency which was made available free of cost to the Allied and Associated Powers for the purpose of the occupation and which remains unexpended at the time of completion of withdrawal of the Allied forces; (b) All Austrian property requisitioned by Allied forces or the Allied Commission, and which is still in their possession, ARTICLE 5 Reparation No reparation shall be exacted from Austria arising out of the existence of a state of war in Europe after September 1, 1939. ARTICLE 6 War Booty-German Assets Each of the Allied and Associated Powers shall, within the ninety- day period specified in Article 4, relinquish to Austria all property, real and personal, of whatever description held or claimed by them as German Assets or as war booty in Austria. ARTICLE 7 Accession Clause 1. Any member of the United Nations at war with Germany which had the status of a United Nation on May 8, 1945, and is not a signatory to the present Treaty, may accede to the Treaty and upon accession shall be deemed to be an Associated Power for the purposes of the Treaty. 2. Instruments of accession shall be deposited with the Govern- ment of the Union of Soviet Socialist Republics and shall take effect upon deposit. ARTICLE 8 Ratification The present Treaty, of which the Russian, English, and French texts are authentic, shall be ratified. It shall come into force immedi- ately upon deposit of instruments of ratification by the Union of Soviet Socialist Republics, by the United Kingdom of Great Britain and Northern Ireland, by the United States of America, and by France of the one part and by Austria of the other part. The instruments of 1832 AMERICAN FOREIGN POLICY, 1950–1955 With respect to each Allied and Associated Power which accedes to the Treaty in accordance with Article 7, and whose instrument of ratification is thereafter deposited, the Treaty shall come into force upon the date of deposit. The present Treaty shall be deposited in the archives of the Government of the Union of Soviet Socialist Republics, which shall furnish certified copies to each of the signatory States. In faith whereof the undersigned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals. Done in the city of in the Russian, English, French and German languages this day of 195_. 81. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET MINISTRY OF FOREIGN AFFAIRS, MAY 9, 1952 1 The Government of the United States refers to its note of March 132 in which it proposed that the four powers immediately conclude a settlement which would fulfill the pledge made to the Austrian people in 1943 that their independence would be restored. A draft abbreviated treaty 3 was proposed as a basis for the resump, tion of the negotiations which have been in progress since 1947 and which, despite several hundred meetings of the representatives of the four powers, have not succeeded in reaching final agreement. This Government considers that its proposal provides a basis for an immediate and equitable settlement in Austria which would relieve & source of constant tension in Europe and render justice to the Austrian people. The Government of the United States requests, therefore, that the views of the Soviet Government on the proposal for an Austrian settle- ment, as contained in its note of March 13, be made known at the first opportunity. 82. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 5, 1952' The Government of the United States is pleased to receive the reply of the Soviet Government to its note of March 13, 1952 proposing to the Soviet Government a simple instrument which will give Austris full independence. The Soviet Government's recent reply 5 suggests the withdrawal 1 Department of State Bulletin, May 19, 1952, p. 778. The British and French Embassies at Moscow transmitted identical notes. 2 Supra, doc. 79. 3 Supra. * Department of State Bulletin, Sept. 15, 1952, pp. 404–405. The British and French Embassies sent similar notes to the Soviet Foreign Ministry. 5 Note of Aug. 14, 1952; ibid., Sept. 1, 1952, pp. 322-323. 1833 GERMANY, AUSTRIA, AND EUROPEAN SECURITY : draft treaty, see ibid., Sept. 15, 1952, p. 405. of the proposal made on March 13, 1952. This suggestion is based on four objections, namely, that it fails to provide for free elections as specified in Article 8 of the long draft of the State Treaty, that it fails to guarantee human rights and basic freedoms as specified in Article 7 of the long draft, that it fails to eliminate Nazism as specified in Article 9 of the long draft, and that it fails to provide for Austrian Armed Forces 1 With reference to the first three of these points, it is the view of the Government of the United States that none of these provisions specified in the note of the Soviet Government are required in a simple instru- ment designed to terminate the prolonged occupation and to re- establish the independence of Austria. These points are all covered in the Austrian Constitution or in Austrian legislation now in force. Nonetheless, appreciating the careful consideration given by the U.S.S.R. during these past five months to the proposal of March 13, 1952, and anxious, as it has been since the Moscow Declaration of 1943, to restore to Austria full independence, the Government of the United States therefore proposes that there be added to its proposal of March 13, 1952 articles 7, 8, and 9 of the long draft as previously agreed upon by the four powers. With reference to the Soviet Government's objections to the proposal of March 13, 1952 in that it passes over the right of Austria to have its own national armed forces necessary for the defense of the country, the Government of the United States considers that the right to main- tain armed forces belongs inherently to a free and independent nation and should not have to be specifically granted to a nation never considered to have been an enemy. The Soviet Government, however, implies by its reference to the long draft of the State Treaty that it wishes to place limitations upon Austria's right to have national armed forces for its self-defense. While seeing no necessity thus to limit Austrian sovereign rights, the United States Government, in order to reach early agreement and to terminate the occupation, would accept, although reluctantly, the addition of Article 17 of the long draft to its proposal of March 13, 1952. The Government of the United States therefore believes that the way is now clear for the conclusion of an Austrian settlement as it is prepared to accept the Soviet suggestions regarding the points of objection to the proposal of March 13, 1952. The Government of the United States is accordingly prepared for a meeting of the Deputies with the object of initialling the proposal of March 13, 1952, amended as above in accordance with the suggestions outlined in the Soviet Government's note. Since the United States Deputy will be in the chair at the forthcoming meeting, he has requested the Secretary General to issue invitations for a meeting of the four Deputies in by The “long” draft treaty was the draft treaty of 59 articles which had been the om hject of the negotiations prior to the intreduction byrthe three Western Powers of the "short” draft treaty of Mar. 13, 1952. For the texts of the articles from the “long” draft treaty which the Western Powers were willing to add to the short London on September 29, 1952. 1834 AMERICAN FOREIGN POLICY, 1950–1955 83. GENERAL ASSEMBLY RESOLUTION 613 (VII), DECEMBER 20, 1952 1 The General Assembly, Recalling the terms of resolution 190 (III) of 3 November 1948, whereby an appeal was made to the great Powers to renew their efforts to compose their differences and establish a lasting peace, Recalling the terms of the Moscow Declaration of 1 November 1943, whereby the Governments of the Union of Soviet Socialist Republics the United Kingdom of Great Britain and Northern Ireland and the United States of America recognized that Austria should be re- established as a free and independent State, Recalling further that the Government of France joined the three above-mentioned Governments in the said declaration as of 16 November 1943,4 Considering that, in the spirit of the said declaration, the four Powers accepted the responsibility of re-establishing a free and inde- pendent Austria, and, to that end, have entered into negotiations towards the conclusion of an Austrian treaty, Noting with concern that those negotiations, which have been under way intermittently since 1947, have hitherto failed to bring about the proposed objective, Taking into account that such a state of affairs, still prevailing after a lapse of seven years since the liberation of Austria at the end of the Second World War, and arising from the inconclusive stage of the aforementioned negotiations, does constitute a source of deep dis- appointment for the Austrian people, who have by themselves made successful efforts towards the restoration and democratic reconstruc- tion of their country, Recognizing that only through the unhampered exercise by the Austrian people of their freedom and independence can these efforts attain full realization, Taking further into account that such a state of affairs hinders the full participation by Austria in the normal and peaceful relations of the community of nations and the full exercise of the powers inherent in its sovereignty, Having in mind that the solution of this problem would constitute an important step towards the elimination of other areas of disagree- ment and therefore towards the creation of conditions favourable to the accomplishment of world peace, Desiring to contribute to the strengthening of international peace and security and the developing of friendly relations among nations in conformity with the purposes and Principles of the Charter, Addresses an earnest appeal to the Governments concerned to make 1 U.N. General Assembly, Official Records, Seventh Session, Supplement No. 39 (A/2361), pp. 5–6. See also tripartite report to the U.N. Secretary-General PU.N. General Assembly, oficiai Records, Third Session, Part I, Resolutions (A/810), pp. 15-16. 3 A Decade of American Foreign Policy, p. 11. (See Recueil de textes à l'usage des conférences de la paix, (Paris, 1946) p. 123. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1835 5 Department of State Bulletin, Feb. 16, 1953, p. 260. The British and French • Ibid., pp. 260-261. & renewed and urgent effort to reach agreement on the terms of an Austrian treaty with a view to an early termination of the occupation of Austria and the full exercise by Austria of the powers inherent in its sovereignty. NOTE FROM THE AMERICAN EMBASSY AT MOSCO TO THE SOVIET FOREIGN MINISTRY, JANUARY 12, 1953 1 The United Nations General Assembly on December 20, 1952, adopted a resolution addressing an earnest appeal to the Governments of the Four Powers which occupy Austria to make a renewed and urgent effort to reach an agreement on the terms of an Austrian Treaty with a view to an early termination of the occupation.” The United Nations General Assembly resolution emphasizes the world-wide support for Austria's plea for the restoration of her full freedom and sovereignty. The United States Government which has the past urged and continues to urge full Austrian independence and sovereignty not only welcomes this resolution but also considers that it imposes an additional and immediate obligation on each of the Four Powers to give renewed and urgent consideration to the fulfill- ment of their pledge made in the Moscow Declaration of 1943. The United States Government for its part urges that every effort be made now to conclude a Four Power Treaty. It is proposed, therefore, rather than to continue the sterile exchange of notes, the most recent of which is the Soviet Government's note of September 27, 1952, that a meeting of the Austrian Treaty Deputies be held at an early date for the purpose of concluding an Austrian Treaty. Since the United States Deputy 4 will be in the chair at this meeting, he will request the Secretary General of the Austrian Treaty Deputies to issue invitations for an early meeting of the Four Deputies in London. 85. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, JANUARY 29, 1953 6 The United States Government acknowledges the receipt of the Soviet note of January 27 6 and wishes to reaffirm its desire to comply with the United Nations General Assembly resolution of December 20, 1952? which called upon the Four Powers to make a renewed and urgent effort to reach agreement on the terms of an Austrian treaty Department of State Bulletin, Jan. 26, 1953, p. 135. Similar notes were sent by the British and French Embassies. See Documents on American Foreign Relations, 1952 (New York, 1953), pp. 2 Supra. 271-273. 4 Samuel Reber, Jr. Embassies sent similar notes. 7 Supra, doc. 83. 1836 1950-1955 AMERICAN FOREIGN POLICY, with a view to an early termination of the occupation of Austria and the full exercise by Austria of the powers inherent in her sovereignty , With this purpose in mind, the United States Government called meeting of the treaty deputies for January 30 in London in order to conclude an Austrian treaty. The United States Government notes that the Soviet Government declares its readiness. subject, however , to certain conditions, to take part in a meeting to discuss the Austrira problem. The United States Government for its part does not con- sider it appropriate to impose prior conditions, as proposed by the Soviet Government, as to the scope of these discussions. It reiterata its readiness to discuss, without prior conditions, any and all matters relevant to the speedy conclusion of a treaty. To that end, it repeats the invitation to the Soviet deputy to attend a meeting on January 30, but is prepared if the Soviet Government should prefer, to postpone the meeting until February 6. 86. STATEMENT TO THE PRESS BY THE DEPARTMENT OF STATE, FEBRUARY 10, 1953 1 (In answer to questions concerning the meetings of the Austrian treaty deputies at London on February 6 and February 9, Michael J. McDermott, Special Assistant for Press Relations, made the following statement:] Andrei Gromyko furnished further proof that the Soviet Union has no intention of concluding an Austrian treaty and desires thal Austria continue as an occupied country. During yesterday's meet ing, the Western deputies had repeated the simple fact that they had met to agree on an Austrian treaty. The French chairman (Etienne de Crouy-Chanel] suggested that anything could be discussed that would lead to a treaty. He proposed that the long draft treaty be discussed inasmuch as he assumed that the Soviet Government had expressed its readiness to conclude a treaty on the basis of this draft only. Mr. Gromyko, however, again insisted that no discussion cook take place until the so-called abbreviated treaty? was withdrawl He refused to be budged even after the Western deputies declarat that they might withdraw the abbreviated treaty if a just and equ table treaty could be concluded on any other basis, including the low draft, without further delay. The Western deputies in fact formals draft. When the Soviet representative saw no way out, he simpi proposed that discussion begin by going through that draft, the low said: "I have nothing to add to my previous position. The Western deputies then agreed that no further purpose be served in continuing discussions made futile by Mr. Gromykos position and agreed to suspend further meetings pending submission of reports to their governments. 1 Department of State Bulletin, Feb. 23, 1953, p. 305. 2 Supra, doc. 80. would GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1837 Étienne de Crouy-Chanel (France). Department of State Bulletin, June 8, 1953, pp. 814–815. French Embassies sent similar notes. * Department of State Bulletin, June 22, 1953, pp. 873–874. The British and 87. JOINT NOTE FROM THE AMERICAN, BRITISH, AND FRENCH DEPUTIES FOR THE AUSTRIAN TREATY TO THE SOVIET DEPUTY,2 MAY 26, 19533 In his letter of the 25 May 4 to the Secretary General of the Depu- ties for the Austrian Treaty, the Soviet Deputy alleged that a meeting of the Treaty Deputies could be called only at the request of the Council of Foreign Ministers, and asserted that there were no grounds for believing that the meeting called for the 27 May would be success- ful . The Deputies of France, the United Kingdom and the United States fail to understand the Soviet Deputy's position. It is the assigned task of the Deputies to draft an Austrian Treaty. All but & few of their 260 previous meetings were called without specific instructions from the Council of Foreign Ministers. Moreover, at the last meeting of the Deputies on February 9, 1953, the Soviet Deputy agreed to an adjournment with the understanding that the next meeting would be called by the United Kingdom Chairman at an The three Deputies consider unwarranted the assumption by the Soviet Deputy that the meeting proposed would not lead to the con- clusion of an Austrian Treaty. “At the last meeting they made it perfectly clear they were prepared to accept any treaty in terms which would ensure Austria's political and economic independence. They are convinced that, given goodwill on the Soviet side, it would still be possible to conclude such a treaty. The three Deputies deeply regret the refusal of the Soviet Deputy to meet and are reporting the position to their respective governments. early date. 88. NOTE FROM THE AMERICAN AMBASSADOR AT MOS- COW TO THE SOVIET FOREIGN MINISTER, JUNE 11, 19537 The Ambassador of the United States presents his compliments to the Minister for Foreign Affairs of the Union of Soviet Socialist Republics and, under instructions from his Government, has the honor to communicate the following: The United States Government has learned with regret of the refusal of the Soviet Deputy to attend the meeting of Deputies for the Austrian Treaty called for the 27th of May by the United King- Walter Dowling (United States), Geoffrey Harrison (United Kingdom), and 2 Andrei A. Gromyko. 8 . 5 Charles E. Bohlen. Vyacheslav M. Molotov. 1838 AMERICAN FOREIGN POLICY, 1950-1955 dom Chairman, The United States Government is seriously con cerned that it is now nearly ten years since the Austrian people were promised the restoration of their freedom and independence in the Moscow Declaration. It is more than eight years since the end of hostilities in Europe made possible the fulfillment of that pledge . The United States Government cannot accept as justification for this further delay in the conclusion of an Austrian Treaty the pretert on which the Soviet Deputy has based his refusal to attend the meeting. In 1949 the United States Government, together with the French and United Kingdom Governments, agreed to meet the Soviet posi- tion on major outstanding issues of the treaty provided early agree- ment could be reached on it as a whole.3 Since that time, the Soviet Government has persisted in raising obstacles which have prevented substantive negotiations, although the Governments of the United Kingdom, the United States and France have repeatedly made it clear that they were prepared to accept any treaty which would ensure Austria's political and eco- nomic independence. It was in that spirit that the representatives of the United King- dom, the United States and France were ready in London on the 27th of May to attend the meeting called in the customary manner as agreed at the previous meeting. The Soviet Deputy, however , did not attend and proposed instead that consideration of the Austriku Treaty be continued through diplomatic channels. The conclusion of an Austrian Treaty is not a question of proce- dure but rather of good will. To avoid further unnecessary delays and to enable the Deputies to complete the work already done, the United States Government requests the Soviet Government to in- form it of the exact text of the treaty which the Soviet Government is prepared to conclude in order to ensure the political and economie independence of Austria. 1 See the Soviet note of May 25, 1953 (Department of State Bulletin, June 8, 1953, p. 815) and the tripartite note of May 26, 1953 (supra). 2 Declaration on Austria, Nov. 1, 1943; À Decade of American Foreign Policy, 3 See communiqué of June 21, 1949; ibid., p. 112. p. 11. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1839 3 Documents on German Unity, vol. IV (Bad-Godesberg, 1953), p. 15. States, and the Soviet Union. This meeting of limited duration Governments sent similar notes to the Soviet Government on the same date. · Department of State Bulletin, July 27, 1953, p. 107. The British and French F. NEGOTIATIONS REGARDING GERMANY, AUSTRIA, AND EUROPEAN SECURITY, 1953–1954 89. NOTE FROM THE UNITED STATES GOVERNMENT TO THE SOVIET GOVERNMENT, JULY 15, 1953 1 The development of the international situation and the recent events in Eastern Germany and in Berlin have intensified the univer- sal desire to see peace more firmly established and to ease existing tensions in a way consistent with the fundamental right to freedom. While recognizing the fact that enduring peace can only be ulti- mately assured when certain basic problems, such as controlled dis- armament, can be dealt with, the United States Government desires to dispose now of those problems which are capable of early solution. The conclusion of the German and Austrian treaties which are long overdue clearly constitutes an essential element of the European settle- ment which the United States Government regards as a major con- A German peace treaty can only be negotiated with the participa- tion of a free and representative all-German Government in a posi- tion freely to discuss such a treaty. Such a government can only result from free elections. The conditions under which such a Government should be formed and enjoy full liberty of action, constitute a problem which is capable of early solution if there is good will on all sides. It is equally clear that no real progress can be made toward a general relaxation of ten- sion in Europe so long as this problem remains unsolved. In its notes to the Soviet Government, the last of which is that of September 23, 1952,2 to which no answer has yet been received, the United States Government made constructive proposals , which were fully reflected in the resolution of the German Bundestag of June 10th of this year. These proposals are designed to satisfy the unanimous desire of the German people for unity in freedom. Mindful of the even greater urgency which the recent events have given to German unification, the United States Government is deter- mined to make a new effort so as to bring to an end the abnormal situation to which the German people is subjected. It has therefore decided, after consulting the German Federal Government and the German authorities in Berlin, to propose to the Soviet Government a meeting of Foreign Ministers of France, the United Kingdom, United tribution to peace. i 2 Supra, pp. 1819–1821. 1840 AMERICAN FOREIGN POLICY, 1950-1955 might begin about the end of September at a place to be mutually agreed. The subjects for discussion should be the following: (1) The organization of free elections in the Federal Republic , the Eastern Zone of Germany, and in Berlin. This would involve discussion inter alia of the necessary guarantees for freedom of movement, freedom of action for political parties, freedom of the press, and the enjoyment of the basic freedoms by all Germans before, during and after elections. (2) Conditions for the establishment of a free all-German Govern- ment, with freedom of action in internal and external affairs. These are essential steps which must precede the opening of dis- cussions with the Soviet Government for a German peace treaty, itself a major element of a general settlement. The United States Government also considers that at this first meeting agreement should finally be reached on the Austrian Treaty. 90. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, AUGUST 17, 1953 1 The United States Government has examined with care the note of July 302 in which the Soviet Government indicated that it was prepared to resume discussion of a treaty for Austria if the "abbre- viated treaty” were withdrawn from consideration. In their notes of June 11 4 the Governments of the United King- dom, the United States and France stated clearly, as they had al- ready done on a number of previous occasions, that they were pre- pared to accept any treaty which would insure Austria's political and economic independence and requested the Soviet Government to inform them of the exact text of the treaty which the Soviet Govern- ment was prepared to conclude. The Soviet Government has not responded to this request. Furthermore the Soviet Government declined to attend the meeting of the Austrian Treaty Deputies called for May 27, in London. The United States Government suggested in its note of July 15 that the Austrian treaty should be discussed at the meeting of the four Foreign Ministers. But in view of the Soviet Government's note of July 30, and so as to conclude an Austrian treaty as soon as possible, the United States Government proposes that the Treaty Deputies be convened in London on August 31, 1953, in order to discharge their obligation to report on this matter to the Foreign Ministers. On the understanding that there will be no extraneous issues raised and that the Soviet Government is prepared to conclude 1 Department of State Bulletin, Aug. 31, 1953, p. 282; the British and French Governments sent similar notes. 2 Ibid., pp. 283–284. 3 Draft treaty of Mar. 13, 1952; supra, doc. 80. 4 Supra, doc. 88. Supra. 5 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1841 1 Department of State Bulletin, Sept. 14, 1953, pp. 352–353. 2 Ibid., pp. 351-352. The British and French Governments sent similar notes a treaty for Austria which will insure Austria's political and eco- nomic independence, the United States Government undertakes not to introduce for consideration the abbreviated treaty. In making this proposal the United States Government assumes that the Soviet Government will be prepared in fact promptly to conclude an Aus- trian treaty and accordingly that the reference to a relationship be- tween a German peace settlement and an Austrian treaty in the final paragraph of the Soviet Government's note of August 41 should not be construed as deferring any hope of an Austrian treaty until other unrelated conditions are met. 91. NOTE FROM THE UNITED STATES GOVERNMENT TO THE SOVIET GOVERNMENT, SEPTEMBER 2, 1953 ? 1. The United States Government, in its customary close consulta- tion with the Governments of the United Kingdom and France, has carefully studied the Soviet Government's notes of August 4 and 15, 1953, which were in reply to proposals presented on July 154 by the three Western powers. The Government of the German Federal, Republic and the German authorities in Berlin have also been con- sulted. 2. The United States Government has no intention once again to refute the Soviet Government's criticisms of policy followed by the three powers, nor of thus prolonging a sterile discussion which can only be harmful to the cause of peace. 3. The United States Government therefore fully reserves its posi- tion in regard to the various allegations in the Soviet notes of August 4 and 15, and will confine its comments to the problems of an urgent nature which arise in connection with the meeting of the Foreign Ministers proposed in its note of July 15. 4. Real progress toward peace and toward a lessening of inter- national tension would be achieved were it possible to find an early solution of some of the existing problems concerning Germany and to conclude the Austrian state treaty. It therefore appears desirable that the meeting of the Foreign Ministers should devote itself to these problems; whereas to inject into the discussion a series of other com- plex questions, as proposed by the Soviet Government, could only delay and prejudice the success of the talks. A solution of the German and Austrian problems could be expected to pave the way for fruitful discussion of other major questions. The United States Government also wishes to point out that the study of some of these other questions has already been entrusted to such international organizations as the United Nations or to international bodies such as the political conference on Korea where the Chinese People's wwvwww.WWW.AJ... www. on the same date. 3 Ibid., pp. 352-356. * Supra, doc. 89. 415900_57-Vol. 2-13 1842 AMERICAN FOREIGN POLICY, 1950–1955 Republic will be represented. The latter's participation in the pro- posed meeting of Foreign Ministers of the four powers could not therefore be justified. 5. The Soviet Government has suggested a procedure for dealing with the German problem which appears complicated, and work on such a basis could, at best, only be long drawn out. The Soviet Government's note of August 15 envisages, in effect, a series of devices which could result in postponing to some indeterminate date the hold- ing of free elections in the Federal Republic, in the East Zone of Germany, and in Berlin. An All-German Government which is not based on the will of the people as expressed in free elections would not be qualified to take vital decisions affecting the future of the United Germany. The problem of free elections is thus the key to any all-German settlement. The United States Government there- fore considers that the meeting of the Foreign Ministers should devote itself to the German problem, the solution of which is an essential part of a world settlement, and concentrate in the first instance on the question of free elections and the status of the future German Government. 6. Furthermore, it must be pointed out that when the United States Government proposed, in its note of July 15, that the problem of free elections be considered first, it did not make any prior condition that an investigating commission be established. It seems, therefore , that on this point the Soviet Government has misinterpreted the terms of this note. 7. The United States Government has never considered that the re-establishment of freedom and independence of Austria, which by terms of the Moscow declaration of November 1943 ? must be con- sidered as a liberated country, should be dependent upon progress toward a solution of the German problem. It considers that these two problems are quite distinct. In its view nothing should now prevent the conclusion of an Austrian treaty. It therefore regrets the failure of the Soviet Government to accept its proposals that the Austrian treaty deputies should meet on August 31. It nevertheless remains the hope of the United States Government that the Foreign Ministers will be able to agree on the Austrian state treaty when they themselves meet. 8. The United States Government is convinced that progress is more likely to be made by discussion of these problems than by & further exchange of notes. Consequently, it renews its invitation to the Soviet Government to participate in a meeting of the four Foreign Ministers which could take place on October 15 at Lugano . It understands that this would be agreeable to the Swiss Government . See infrn, pp. 2685-2693 and 2695--2701. 3 A Decade of American Foreign Policy, p. 11. 3 See the American note of Aug. 17, 1953, to the Soviet Government; supra. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1843 Nov. 14, 1944, and July 26, 1945; TIAS 3071 (5 UST 2078.) 92. STATEMENT TO THE PRESS BY THE SECRETARY OF STATE, SEPTEMBER 3, 1953 1 The continued partition of Germany is a scandal. It is more than that. It is a crime. Originally, there were four zones of occupation, one each for Britain, France, the United States, and the Soviet Union. This was designed as a convenient way for the Allies to administer the first phases of the surrender terms. It was never intended that Germany should be indefinitely partitioned. Britain, France, and the United States over 4 years ago put their zones together. 4 The Soviet Union has stubbornly held on to the part of Germany it occupies. This is not only wrong to the Germans; it is a menace to the peace. The Germans in the Soviet zone, now cut off from their fellows for over 8 years and subjected to the despotic rule of Soviet puppets, are becoming increasingly restless. Their pathetic economic plight is shown by the eagerness with which they seek the food packages made available to them in West Berlin. They have sought these by the millions, even at great personal risk. Their growing resentment at their rulers is shown by the riots and strikes which led even unarmed Germans with stones to seek to resist the Red Army tanks which were sent to subdue them. Now, in an effort to curry favor with the Germans, particularly having in mind the coming elections, the Soviet leaders have made another of a long series of propaganda gestures in giving lip service to the idea of German unity. However, they have surrounded this with conditions which would effectively nullify any practical result. For example, in their note of August 4,6 the Soviet Union proposed that Communist China should be brought into Foreign Minister consultations dealing with such proposals as that of German unity, It is hard to conceive of any proposition better calculated to prevent any constructive result. Surely the solution of Germany should not be subordinated to a solution of China nor should the fate of Germans be left to Chinese Communists. The Soviet Union has also said that before there could be German unity, there must be a German peace treaty and that its own puppet regime in East Germany must participate in the making of that A peace treaty with the Allies, including the Soviet Union, when German sentiment was purportedly represented by the Soviet puppet regime in East Germany, would hardly be a peace treaty which gave genuine expression to the wishes of the Germans. Such a treaty could not be expected to be indefinitely accepted by the Germans. Department of State Bulletin, Sept. 14, 1953, p. 353. * See protocol between U.S., 4.K., and U.S.S.R., Sept. 12, 1944, as amended See trizonal fusion agreement of Apr. 18, 1949; ibid., pp. 588-590. • The elections held throughout the German Federal Republic, Sept. 6, 1953. • Department of State Bulletin. Sept. 14, 1953. pp. 352-353. peace treaty. 1 505-506. 1844 AMERICAN FOREIGN POLICY, 1950–1955 It is the view of Great Britain, France, and the United States that the first step for the solution of the problem of Germany is to have all-German free elections to bring about unification. When that has happened, then there will be a truly representative German govern- ment and then the Allies can make a peace treaty which, if accepted by the all-German Government, will have a true endorsement on the part of the German people which they can be expected to honor. In the hope of bringing this matter to a prompt solution, the three Western allies have proposed a meeting with the Soviet Union on October 15 to discuss in the first instance the establishment, by all- German free elections, of a government which would unify Germany. We also hope at that meeting to conclude an Austrian peace treaty. In the interest of speed the three Western allies have eliminated from their note 1 all controversial matter and have not attempted to rebut the vast series of arguments and implications contained in the two preceding Soviet notes of August 4 and August 15.2 Our proposal is simple---a meeting on October 15 which would concentrate in the first instance on the question of free elections and the status of the future German government. This is what the Germans themselves want, as shown by the Bundestag resolution of June 10, adopted with the support of all political parties, except the Communists. The response of the Soviet Union to this proposal will be another test of whether the Soviet Union desires in good faith to solve out- standing problems which threaten international peace and which create grave international tension. We hope for a favorable response. i 93. NOTE FROM THE AMERICAN AMBASSADOR AT MOS. COW 4 TO THE SOVIET FOREIGN MINISTER, OCTOBER 18, 19536 1. The United States Government in its customary close consulta- tion with the Governments of the United Kingdom and France, bas carefully studied the Soviet Government's reply of September 28 to the proposals of the three Western powers for a four-power meeting at Lugano on October 15. The Government of the German Federal Republic and the German authorities in Berlin have also been consulted. 2. A satisfactory settlement of the problems relating to Germany and Austria is clearly essential for any real and lasting relaxation of international tension and is vital to the future of the people of those countries. The United States Government, recalling its earlier notes i Note of Sept. 2, 1953; supra. 2 Department of State Bulletin, Sept. 14, 1953, pp. 354-356. 3 Documents on German Unity, vol. IV (Bad-Godesberg, 1953), p. 15. 4 Charles E. Bohlen. 5 Vyacheslav M. Molotov. 6 Department of State Bulletin, Oct. 26, 1953, pp. 547–548. The British-and French Ambassadors delivered similar notes. ; Ibid., pp. 548-550. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1845 : 1 of July 151 and September 2,2 is firmly of the opinion that real progress towards a solution of major international questions, including the problem of European security, can be made by frank discussions on Germany and Austria at a meeting of the Foreign Ministers of the U.S., U.S.S.R., U.K. and France and not by embarking upon a further exchange of notes. The U.S. Government trusts that the Soviet note reflects a willingness promptly to discuss these subjects. 3. Such a meeting will enable the Soviet Government to state its views on any aspect of the German and Austrian questions which it may wish to present. For its part, the U.S. Government welcomes the opportunity to put forward its 'views concerning questions dealt with in its previous notes. 4. As regards the Soviet proposal that the Austrian question be discussed in the ordinary diplomatic way, it is the view of the U.S. Government that diplomatic channels are always available and this government will continue to give its most careful consideration to any Soviet proposal regarding the treaty which may be thus sub- mitted. However, as no progress has been made through such chan- nels during the past few years, the United States Government is of the opinion that discussion by the four Foreign Ministers themselves represents the most practicable way to end the present stalemate and reach agreement on a treaty. 5. A solution of the German and Austrian questions is long overdue. The Foreign Ministers of the United States, United Kingdom and France, conscious of the special responsibilities which their govern- ments together with the Soviet Government share in regard to Germany and Austria, therefore, desire to consider these questions together with the Soviet Foreign Minister as soon as possible. Since the date of October 15 originally suggested has now passed, the United States Government proposes that the Foreign Ministers should meet at Lugano on November 9. They sincerely hope that the Soviet Government will agree to participate 6. The Soviet note also proposes an additional five power conference to consider measures to lessen tension in international relations. The United States Government is always ready and willing to discuss the underlying causes of such tension with a view to their removal. But it wishes to do so under conditions which offer reasonable prospects for positive results and assure that the views of the directly interested governments are properly represented. Accordingly, the United States Government has already agreed to the political conference on Korea in the form proposed by the Communist side in the Korean armistice negotiations and recommended in the armistice agreements and by the United Nations General Assembly. It has been proposed that discussions shall take place at Panmunjom on arrangements for the conference. All the five governments mentioned in the Soviet note could be represented at this conference which it is hoped will meet at an early date. Its object is precisely to remove one of the 1 Supra, doc. 89. ? Supra, doc. 91. Agreement of July 27, 1953; supra, pp. 724–750. 3 1846 . AMERICAN FOREIGN POLICY, 1950–1955 major sources of tension in the Far East, thus opening the way for an early peaceful settlement of other international problems now existing in this part of the world. Other matters mentioned in the Soviet note, such as the disarmament question, are under either current or projected discussion in the United Nations General Assembly. Indeed, several of the subjects mentioned in the Soviet note were recently inscribed on the agenda of the current General Assembly at the request of the Soviet Union. In addition, the United States Government remains ready to discuss through ordinary diplomatic channels any points which any government may wish to raise. 7. Thus, on these various questions, the way is open for progress. If in addition a fruitful discussion can now take place at Lugano, the way would be paved for discussion of other major questions and for restoring the necessary conditions for peaceful and friendly relations among nations. 94. NOTE FROM THE AMERICAN CHARGÉ D'AFFAIRES AT MOSCOW 2 TO THE SOVIET FOREIGN MINISTER, NOVEM- BER 16, 1953 4 In close consultation with the Governments of France and the United Kingdom, the United States Government has carefully studied the Soviet Government's note of November 3 5 in reply to the note of October 18 in which the U.S. Government proposed that the four Ministers of Foreign Affairs should meet at Lugano on November 9. The Government of the German Federal Republic and the German authorities in Berlin have also been consulted. The U.S. Government notes with regret that the Soviet Govern- ment has for the third time within the past four months ignored its invitation to discuss the most urgent international problems. The U.S. Government is still of the opinion that the best way of reduc- ing international tension is to persevere in constructive efforts for the progressive solution of outstanding problems, starting with those which most urgently require an early settlement. With this in mind, the United States Government proposed a meeting of the four Foreign Ministers in order to reach agreement on Germany , especially on its reunification in freedom, and on the Austrian State Treaty. In the same spirit, it is continuing its efforts to enable the political conference on Korea to take place.? To judge from its note of November 3, the Soviet Government contemplates a meeting of the Foreign Ministers, with the partici- pation of the Minister of Foreign Affairs of the Chinese People's 1 1 i. e., the Eighth Session of the General Assembly. 2 Elim O'Shaughnessy. 3 Vyacheslav M. Molotov. 4 Department of State Bulletin, Nov. 30, 1953, p. 745. The British and French representatives delivered similar notes on the same day. 5 Ibid., pp. 745-748. 6 Supra. ? See infra, pp. 2685-2693 and 2695–2701. 1847 GERMANY, AUSTRIA, AND EUROPEAN SECURITY ) 2 Ibid., Nov. 30, 1953, pp. 745–748. 6 General Assembly Res. 613 (VII); supra, doc 83. Republic,” of such a different character that it would not only be- come involved in futile and endless debate, but would also prevent all progress in the settlement of questions which are both urgent and concrete. The United States Government laid down no conditions in its invitation and made every possible effort to take into account the views of the Soviet Government. But the latter has made a meeting of the Foreign Ministers conditional upon the acceptance of a num- ber of demands. Some of these have no relation to Europe, but must in the Soviet view be met before even the study of European problems could be initiated. Others would entail the abandonment by the U.S., U.K. and France of all their plans to safeguard their own security. A defenseless Western Europe appears to be the price demanded by the Soviet Government for participation in a conference. The Soviet Government must be well aware that such demands are totally unacceptable. The United States Government can only conclude from the latest Soviet note that the Soviet Government does not wish at the pres- ent time to enter into any negotiations which might have positive results. The U.S. Government nevertheless remains determined to seek by all appropriate means agreement on the most urgent question the solution of which is essential to the lessening of international tension. Therefore it leaves open the invitation addressed to the Soviet Government on October 18. The U.S. Government is con- vinced that negotiations on these vital problems would open the way to broader agreement and would thus improve the chances of re-establishing real peace in the world. 95. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, NOVEMBER 25, 1953 1 In its note of November 3, the Soviet Government ignored the U.S. Government's invitation to discuss the Austrian State Treaty at a meeting of the four Foreign Ministers at Lugano. It said that it awaited a reply to its note of August 283 on this subject and con- fined itself to recalling the suggestion contained in its earlier notes for pursuing this question through diplomatic channels, without however putting forward by this means any proposal on the Austrian problem. Ten years after the Moscow Declaration* the Austrian people have still not obtained their complete political and economic independence . Wishing to fulfill the promise made in that Declaration and to com- ply with the U.N. resolution of December 20, 1952,5 the U.S. Gov- Department of State Bulletin, Dec. 7, 1953, pp. 785–786. Declaration of Nov. 1, 1943; A Decade of American Foreign Policy, p. 11. 1953, p. 19. 1848 AMERICAN FOREIGN POLICY, 1950–1955 ernment has not relaxed its effort for the conclusion of a treaty. During the present year it has three times proposed that the treaty be discussed by the Deputies, and since August 28 it has twice sug. gested that this question be taken up at the proposed conference at Lugano. It is all the more surprising that the Soviet Government has not been willing to resume discussions on Austria in that the three Western Governments, in order to meet Soviet wishes, had in their note of August 17 withdrawn the short draft treaty, the sole object of which was to achieve the earliest possible restoration of Austrian freedom and independence. In order to remove any possible misunderstand- ing, the U.S. Government wishes once more formally to state that this draft is withdrawn. The U.S. Government believes that nothing stands in the way of the résumption of discussion on the Austrian State Treaty except the attitude of the Soviet Government. The U.S. Government is pre- pared to study any Soviet proposal which would promote an Austrian settlement and which does not raise extraneous issues. If the Soviet Government does not feel able to participate in the very near future in a conference of the Foreign Ministers, the U.S. Government hopes that it will see no objection to the resumption of the work of the Deputies at a date which the Soviet Government finds convenient . If, however, the Soviet Government would prefer to make proposals through diplomatic channels and, in particular, would give an indi- cation of the basis on which it would be prepared to conclude the treaty, the U.S. Government would give any such proposal prompt and careful consideration. 96. NOTE FROM THE UNITED STATES GOVERNMENT TO THE AUSTRIAN GOVERNMENT, JANUARY 12, 1954 With reference to the Austrian Government's note of January 5,5 the Government of the United States has shared for many years the deep desire of the Austrian nation for an early conclusion of a State Treaty. To this end the Government of the United States on July 15, 1953,6 in proposing a meeting of the Foreign Ministers of the United Kingdom, France, the U.S.S.R. and the United States , declared that an Austrian Treaty clearly constitutes an essential element of European settlement which the United States Government regards as a major contribution to peace, and that agreement on such a treaty should be reached finally whenever the four Foreign Ministers might meet. Again in its notes to the Government of the U.S.S.R. on September 2, October 18, November 16, November 1 See American notaz of Jan. 12, 1953, Jan. 29, 1953, and Aug. 17, 1953; supra, docs. 84, 85, and 90. 2 See American notes of Sept. 2, 1953, and Oct. 18, 1953; supra, docs. 91 and 93. 3 Draft treaty of Mar. 13, 1952; supra, doc. 80. 4 Department of State Bulletin, Jan. 25, 1954, p. 111. 5 Ibid. 6 Supra, doc. 89. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1849 1 Supra, docs. 91, 93, 94, and 95. French Ambassadors delivered similar notes to the Soviet Foreign Ministry. Department of State Bulletin, Dec. 21, 1953, pp. 852-853. The British and 25,' and December 8,2 the Government of the United States ex- pressed the earnest belief that an Austrian Treaty should be con- cluded at the earliest meeting of the Foreign Ministers. The Government of Austria may be assured that there has been no change in the intention of the Government of the United States to seek and take every opportunity of restoring to Austria its well deserved political and economic independence by agreement among the occupying powers on the terms of an Austrian Treaty. The meeting of the Foreign Ministers at Berlin will be such an oppor- tunity and the Government of Austria may be confident that its aspirations will there be given every support by the Government of the United States. G. DISCUSSION OF THE PROBLEMS OF GERMANY, AUSTRIA, AND EUROPEAN SECURITY AT THE BERLIN MEETING OF FOREIGN MINISTERS, JANUARY 25-FEBRUARY 18, 1954 97. NOTE FROM THE AMERICAN AMBASSADOR 3 AT MOS- COW TO THE SOVIET MINISTER OF FOREIGN AFFAIRS, DECEMBER 8, 19535 The United States Government is glad to learn from the Soviet Government's note of November 266 that it is now prepared to take part in a meeting of the Foreign Ministers of the United Kingdom, United States, France and the Soviet Union. It is its hope that this meeting will lead towards the reunification of Germany in freedom and to the conclusion of an Austrian State Treaty. The United States Government is confident that real progress towards the settlement of the German and Austrian questions, which are especially urgent, will contribute to the solution of other major international problems, including that of European security. In this connection, the United States Government reaffirms that the voluntary association of the free countries of the Atlantic alliance and the actions of certain European states for developing their prosperity and ensuring their joint security are exclusively defensive and a collective contribu- The Soviet Government has stated its desire to discuss the possibility of a five-power conference. The forthcoming meeting of the four tion to peace. ? Infra, doc. 97. 3 Charles E. Bohlen. 4 Vyacheslav M. Molotov. * Ibid., pp. 853-854. 1850 1950-1955 AMERICAN FOREIGN POLICY, Foreign Ministers will enable any participating government to state its views on this question. The United States Government, having consulted with the German Federal Government and the German authorities in Berlin, proposes that the meeting of the four Foreign Ministers should begin on January 4, 1954, in the building which was used by the Allied Control Council in Berlin. 98. STATEMENT BY THE SECRETARY OF STATE, JANUARY 30, 1954 (Excerpt) ? This second item of our agenda deals with the German question and also the problem of insuring European security. History compels us to treat these two matters together. From this very city where we are, still largely in ruins, have been launched two world wars. Two of our four countries, France and the Soviet Union, have suffered land invasion both in World War I and World War IÍ. The United Kingdom was invaded by air. All four of us have twice had to marshal to the full our human and material resources in order to withstand and finally to throw back the tides of German aggression. Surely we have a vital interest to do all that is in our power to make sure that such aggressions should never occur again. Indeed , that concern is shared by the German people themselves who have suffered cruelly from militarism and tyranny from some of their ow people. The sacrifices which have been made during these two World Wars have now placed in our hands a large measure of power to influence the future, for better or for worse, and to determine whether the coming years will preface a durable peace or another disastrous war. Nine years have now elapsed since the German Armistice 2 and peace is still unmade. In many ways, that delay is a reproach to us. But there is another side to the matter. The immediate aftermath of & bitter and exhausting war usually finds that reason is submerged by sentiments of hatred and revenge. The instinctive reaction at that time is to turn to repression as a means to future safety. But the lapse of time restores reason to its proper place and now, 9 years ing passed, we should be able to invoke wisdom and statesmanship to be our guides. The problem that we face here has two major aspects. First, there is the task of uniting Germany; and secondly, there is the task of insuring that united Germany shall be a peaceful Germany. I shall first speak of the problem of German unification. The partition of Germany creates a basic source of instability, and there is little merit in our talking about peace if at the same time we are perpetuating conditions which endanger the peace. 1 Foreign Ministers Meeting: Berlin Discussions , January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 64-67. 2 Act of surrender, May 8, 1945; A Decade of American Foreign Policy, PP. har- 505 506. 1851 GERMANY, AUSTRIA, AND EUROPEAN SECURITY for peace. national assembly. Who decides when powers shall be transferred all-German government, and what international rights and obligations 1 Foreign Ministers Meeting, pp. 223-225. 2 See Mr. Molotov's statement of Jan. 30, 1954; ibid., pp. 61-64. I am firmly convinced that a free and united Germany is essential to stable peace in Europe and that it is in the interest of all four na- tions which are represented here around this table. How did it come to pass that there is this disunity, this disunity of Germany which is, as I say, a danger to peace? We here are not free from responsibility in that respect, because it is the disagreement of our four nations which has created the present division of Germany. It is the disagreement of our four nations which perpetuates the pres- ent division of Germany, and it is only we who can end this division of Germany As I pointed out in some earlier remarks that I made, that fact--the fact that we four have a unique responsibility in Germany-should make this German problem a central theme of our work here. It can be the test as to whether or not we are really qualified to work together There exists this partition of Germany which is a threat to the peace. It is in our power to end it. All that is needed to end it is that we should have the will to end it. If we do not have that will, then I say we may be peace-loving nations, but we are not peace-seeking nations. Mr. Eden yesterday submitted a precise and a detailed plan to achieve the unification and freedom of Germany by an orderly series of actions that would start with free elections. It seems to us that this British proposal is clear, is reasonable, and is well designed to achieve at the earliest practical moment a full German settlement, including a German peace treaty. I have no doubt that our discussions here around the table, as we de- bate this intricate matter, may suggest the desirability of some modifi- cations in detail of the plan which Mr. Eden has submitted and per- haps some clarifications. Certainly, I think we must all have an open mind on that, and I certainly have an open mind. But I do say that in general I endorse the proposal that has been submitted on behalf of the United Kingdom and associate myself with it. There are one or two observations which I would make, particularly suggested by some remarks that have been made by Mr. Molotov. Mr. Molotov has, for example, suggested that the proposal of the United Kingdom would be in essence an attempt on the part of the four Occupying Powers to impose unification upon Germany rather than to let the Germans work out their own affairs.2 As I read Mr. Eden's project , it would be just the contrary. Under his proposal, the essentiaľ steps in the entire unification process, including their timing, are left up to the freely elected repre, sentatives of the German people. Who is it under this plan who will draft the new constitution? It will be the freely elected German national assembly. Who will set up a provisional all-German au- thority and later on the all-German government? The all-German 1852 AMERICAN FOREIGN POLICY, 1950-1955 it shall assume? Again, the national assembly and the all-German government. As I read the plan, the entire emphasis seems to be on enabling freely elected German authorities to make the crucial decisions al along the road to a final German settlement. That observation brings me to comment on another point upon which Mr. Molotov has commented, namely, this problem of free elections, Any proper plan for German unification must provide adequate safeguards of election freedom. This, it seems, is covered by the proposal that we are considering. Conditions of genuine freedom must exist not only on election day itself, but for a reasonable period of time before the votes are cast, and also after the elections, in order to insure that there shall be no reprisals and that everyone may safely vote his convictions. To take care of this latter point, the United Kingdom plan would maintain the supervisory machinery in operation until the all-German government assumes full control and is able to assure democratic free- doms throughout Germany in accordance with its constitution. We can be sure that the 50 million inhabitants of Western Germany are willing and anxious to cooperate to insure such free elections. The same can be said for my Government and also, I believe, for the French and British Governments. The 18 million inhabitants of the Soviet Zone deserve the same kind of assurances, and I trust that my Soviet colleague will agree to the importance of providing those assurances. Mr. Molotov has made some observations about the pending pro- posal which seem to me to imply a lack of full understanding of that proposal, or possibly, I might suggest, the need of further clarification of the proposal. I will not attempt to go into those matters myself because I am confident that Mr. Éden, who submitted the plan, wil himself deal with these matters. But as I read the plan, it is not subject to the type of objections which Mr. Molotov has indicated, and I hope that, on the basis of further clarifications, he would find that the plan itself, at least in its broad outlines, is reasonable and one that we could proceed to adopt as providing a way of bringing an end to this dangerous condition of the continued partition of Germany. : 99. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 5, 1954 1 Since our meeting yesterday, I have read the transcript of Mr. Molotov's remarks 2 and have studied his proposal. I can still find no encouraging interpretation of what we heard yesterday afternoon. 1 Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 102–105. 2 Ibid., pp. 90-100. 3 Ibid., pp. 228-229. 1853 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Soviet Zone. The election must be so conducted as to assure its so- privilege any organizations which by Soviet standards are of a Fascist The basic impression which strikes me is this: Mr. Molotov is afraid of genuinely free elections in the East Zone. He is afraid that the 18 million Germans in the East Zone, if given a chance to speak, would overwhelmingly reject the present imposed regime. Mr. Molotov has good reason to be afraid. Consequently, the Soviet Foreign Minister has categorically re- jected the proposals for genuinely free elections which have been put forward by the Western Powers. In its place he proposes his own blueprint. In the name of peace, he proposes a method for extending the solid Soviet bloc to the Rhine. In the name of what he calls democracy, he has set forth the classic Communist pattern for extinguishing democracy as that word has been understood for 2,000 years. The cornerstone of the Soviet proposal is the so-called government of the German Democratic Republic. That government was put in office by Soviet power. It was confirmed in office by Soviet power. If it had not been for elements of 22 Soviet divisions, including tanks and armored cars, it would have been forcibly ejected from power by the workers who in their desperation rose up against it last June. It is that regime which under the Soviet plan would negotiate on a basis of equality with the government of the German Federal Republic . However, the scales are to be still further weighted in favor of the Soviet puppet regime, because it is provided by the Soviet plan these initial negotiations shall also involve "wide par- ticipation of democratic organizations." In the Soviet dictionary the words "democratic organizations" have a clear, precise meaning. They mean those front organiza- tions-captive trade unions, youth organizations, women's organi- zations--which promote the Communist purposes without openly presenting themselves to the people in their true guise. It is under these auspices that there would be prepared the "all- German electoral law," and the establishment of election conditions. We can visualize in advance the type of elections upon which the East German regime would insist, because we already know those conditions from its past. I have already told of the election conditions which were established in East Germany where the voters were com- pelled by armed force and penalties to go to the polls and, when there, were compelled to put in the ballot box a list of names which had previously prepared for them and which was made public only Indeed, the Soviet plan expressly stipulates in Communist language that the election conditions would in fact be what they were in the tion of all democratic organizations." It must preclude "pressure upon voters by big monopolies," and it must exclude from voting ? on election day or militaristic nature. If we take the tragic pattern which has spread all over Eastern 1854 AMERICAN FOREIGN POLICY, 1950-1955 } Europe in the wake of the Red armies, it does not require much wit to see what that means. It means that anyone who dares to express the slightest doubt concerning communism is automatically deemed a Fascist or a militarist or a monopolist. If this system were to be applied to Western Germany, no organiza- tion opposing the Communists or the policies of the Soviet Commu- nists, which are the same thing, would be permitted to take part in the elections. It would only be the Communist Party and the Communist front organizations which under Mr. Molotov's plan would participate in the elections. I have no doubt that the Soviet Foreign Minister would protest that his plan does not really involve the sovietization of Western Germany. I recall that, in the October 1939 speech to which I have already referred, the Soviet Foreign Minister explained that the mutual- assistance pacts which he had recently negotiated with Estonia, Latvia, and Lithuania 4 "no way implies any interference on the part of the Soviet Union. as some foreign newspapers are trying to make out. We declare that all the nonsensical talk about the sovietization of the Baltic countries is only to the interest of our common enemies and of all anti-Soviet provocateurs." The memory of what happened within a few months to Estonia, Latvia, and Lithuania, and of having seen that same pattern extend to the countries of Eastern Europe by the use of the methods which the Soviet proposal prescribes for Germany, will, I hope, explain some skepticism at the Soviet proposals for restoring freedom to Germany Mr. Molotov is too intelligent to believe that the people or govern- ment of West Germany would accept his proposals or that the three Western Powers would suggest that they do so. The Western Ger- man Bundestag, representing 70 percent of the entire German people , has unanimously refused to accept the East German regime as having any legitimate status or right to speak for the people of East Germany, One can only conclude that the Soviet Foreign Minister does not submit his proposal with any expectation that it might be acceptable . His purpose is quite different. He is actually attempting to hold on to the Soviet position in East Germany by preventing free elections . We can well understand the dread with which Soviet leaders view any prospect of really free elections in East Germany, elections of the kind set out in the proposals which have been presented and sup- ported by the three Western Powers. Those proposals call for “free- dom of movement throughout Germany"; "freedom of presentation of candidates”; “immunity of candidates''; "freedom from arbitrary arrests or victimization"; "freedom of association and political meet- ings"; "freedom of expression for all"; "freedom of the press, radio Speech of Oct. 31, 1939; Soviet Peace Policy: Four Speeches by V. Molotov (London, 1941), pp. 27–46. 2 Pact of Sept. 28, 1939; League of Nations Treaty Series, vol. 198, pp. 223-229. 3 Pact of Oct. 5, 1939; ibid., pp. 381-387. 4 Pact of Oct.' 10, 1939; Department of State Bulletin, Dec. 16, 1939, pp. 705–707. 1855 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 7 3 Proposal of Feb. 10, 1954; ibid., pp. 230-231. and television and free circulation of newspapers, periodicals, etc.” "secrecy of the vote”; “security of polling stations and ballot boxes." Thus, could anyone doubt the effect of elections of that kind on the future of the East German regime? Clearly the Soviet proposal is a maneuver designed to protect this puppet regime in Eastern Ger- many from being subjected to the test of what the 18 million people who live there would say if they were ever given the right to say it. The four of us came together 2 weeks ago for the first time in 5 years.' We met before the whole world, a world to whom a certain promise was implicit in our meeting. That promise was that world tensions should somehow be eased by the good will and common sense of the participants. The three of us accepted the Soviet proposal that we should meet in Berlin, a city which symbolizes the division of Germany. We hoped that solutions could be found here for the problem of German unity. So far at this Conference, Mr. Molotov has adopted a different ap- proach. First, he devoted his efforts to delaying, for as long as possible, our discussion of German unity. Now, his proposal shows that he has no intention of seriously seek- ing German unity with freedom. I would say to Mr. Molotov that it is late, but not too late to redeem the promise of Berlin. 100. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 10, 1954 (Excerpts) Since Mr. Molotov has been kind enough to say that the United States can be an "observer," I thought it would be in order to make some observations on his plan. The proposals submitted are in two parts, one of which deals pri- marily with Germany and the other of which represents the draft of a proposed European treaty on collective security. The paper with reference to Germany contains the statement: “that we shall continue our efforts to seek a settlement of the German prob- lem," and that, of course, the United States is disposed to do. Then the paper in its paragraph 2 goes on to repeat the proposal which has heretofore been made a number of times by the Soviet Union with reference to the withdrawal of so-called occupation forces from [Discussion concerning translation.] May 23-June 21, 1949; See A Decade of American Foreign Policy, pp: 110–112. The last previous meeting of the four Foreign Ministers was held in Paris, Foreign Ministers ' Meeting: Berlin Discussions, January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 162–164. * Proposal of Feb. 10, 1954, ibid., pp. 231-232. 2 East and West Germany. ! 3 1856 1950-1955 AMERICAN FOREIGN POLICY, It makes it relevant, therefore, only for me to repeat what has been said before by me and others around this table: that the proposal would leave West Germany and consequently much of Western Europe exposed to any threat of external aggression. The second paper is the text of a proposed general European treaty on collective security in Europe. Since the United States would pre- sumably not be a part of that treaty, my observations are not directed primarily to the actual text of the treaty, although there are certain implications in it which do affect the United States. It is perhaps implicit in the draft, although not entirely clear, that it is designed to replace the North Atlantic Treaty. I assume that from the pro- visions of article 7 and perhaps 10 and the fact that the Soviet Foreign Minister, in introducing his text, made a serious attack upon the North Atlantic Pact as resembling in many ways "the Anti- Comintern Pact which led to the unleashing of the Second World War." He went on to say that "there are no reasons to doubt that the fate of the North Atlantic Pact shall be any better than that of the Anti-Comintern Pact."2 So I presume, although the Soviet Foreign Minister can correct me if I am wrong, that his proposed treaty for European collective security would be in reality a replacement of the North Atlantic Treaty. The United States certainly cannot take offense at the suggestion of the Soviet Foreign Minister that the European countries should get together for their own collective security without the participa- tion of the United States. The United States, I think, has never intruded itself as an unwanted participant in European affairs, and we do not have any intentions of doing so in the future. The American people have a very deep and legitimate interest in Europe. Most of us derive from Western Europe. We share the culture and traditions and religion of Western Europe, and there are many bonds which tie us very closely together. But we do not feel that on that account we have any right to demand participation in European affairs. The United States sent its armed forces to Europe in the First World War when the West was threatened by German militarism under the Kaiser. We delayed somewhat in doing so. But at the urgent appeal and desire of the threatened peoples of Western Europe, and because our own interests became involved, we did participate and certainly contributed to the final defeat of the German militarists represented by the Kaiser. When that war was over, we took our troops home at once. then the same story was repeated under Hitler in the Second World War, and again, after some delay and when the danger, not only to Western Europe but also to the Soviet Union, was immense and when we ourselves seemed threatened, we made a gigantic effort of putting troops and supplies in Europe to help to save Europe from the renewed militarism of Germany. And 1 Protocol of Nov. 6, 1937; Foreign Relations of the United States, Japan, 1931-1941, vol. II, pp. 159–160. 2 Statement of Feb. 10, 1954; Foreign Ministers Meeting, pp. 159–161. 1857 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Soviet Peace Policy: Four Speeches by V. Molotov (London, 1941), p. 36. ; See treaty of May 27, 1952; supra, pp. 1107–1150. ? Treaty of Apr. 4, 1949; see supra, pp. 812-815. 4 Pact of Sept. 28, 1939; League of Nations Treaty Series, vol. 198, pp. 223-229. 8 Pact of Oct. 10, 1939; Department of State Bulletin, Dec. 16, 1939, And after the Second World War we withdrew all our forces from Europe, except a relatively small number who were required for occupation purposes in Germany. Now, for the third time in this century we have sent forces back to Europe and again the reason was that there were many in Europe ho were afraid and who asked us to do so. That fear is, I imagine, a fear which cannot be allayed by new words and new promises, because the fear was inspired by a country which was already bound by the United Nations Charter not to use force against the territorial integrity or independence of any state. Whether that fear will be allayed by any repetition of that pledge is not for me to decide. It has been suggested that our participation in the present defense of West Europe to which I now refer caused the division of Europe. That is one of these strange reversals of history--the upside-down talk-to which unfortunately we have had to accommodate ourselves. Everyone knows that the division of Europe was created before the action to which I refer and that our action was taken only because of the division of Europe. It cannot, I think, be forgotten that, when the United States pro- posed the Marshall plan,' which involved the contributions of many billions of dollars to the rehabilitation of Europe, that plan was initially made available to all of the European states. It was at that juncture that the Soviet satellites, under the direction of the Soviet Union, were not permitted to share in that plan. Perhaps if that plan had been carried out in its original scope, it would have prevented the division of Europe-or at least mitigated the division of Europe which unfortunately was intensified by the Soviet action. The division of Europe, I am afraid, comes from causes which considerably antedate the organization of the North Atlantic Treaty? and the proposed European Defense Community. It goes back to the date when the Soviet control, initially confined to the Soviet Union itself , was extended to a vast area which now includes one-third of I recall the pacts of mutual assistance which the Soviet Union made in 1939 with Estonia, Latvia, and Lithuania which the Soviet For- eign Minister at the time described in language which is almost exactly the same as the second preamble of the proposed new European treaty The pacts with Estonia, Latvia, and Lithuania, Mr. Molotov said on October 31, 1939, "strictly stipulate the inviolability of the sover- eignty of signatory' states and the principle of non-interference in The second preamble to which I refer speaks of the “respect for See A Decade of American Foreign Policy, pp. 1268–1328. the human race. each others affairs.? , pp. 705–707. 415900-57-Vol.2 14 1858 AMERICAN FOREIGN POLICY, 1950-1955 remain partially unagreed, and I am confident that with good ml However, the Soviet Union has now introduced new proposal which would totally alter the situation. They would cut the heart out 3 See the Declaration on Austria of Nov. 1, 1943; A Decade of American Foreigo the independence and sovereignty of States and noninterference i their internal affairs." What quickly happened to Estonia, Latvia, and Lithuania has gone on and on and has, I suggest, created the division to which the Soviel Foreign Minister refers. It is a division between those who have been absorbed and the others who do not want to be absorbed. Whether or not the Soviet proposal of today will obliterate the division in Europe is, as I say, something which is primarily to by considered by other states than the United States. So far as the United States is concerned, we are determined the we will not be absorbed. 101. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 13, 1954 1 Yesterday afternoon the Soviet Foreign Minister presented us with a rather peculiar sandwich. The top and the bottom of his remars stressed the necessity for the early conclusion of an Austrian State Treaty, which would reestablish a free and independent Austria. Bu in between the top and bottom he inserted some poisonous proposek They meant that the treaty, instead of reestablishing a free and inde pendent Austria, should establish an Austria without freedom aut without independence. I earnestly hope that these new proposals will be withdrawn, so that we may in fact conclude an Austrian State Treaty at this very meeting as promised in 1943.3 The Soviet Foreign Minister's statement completely confirms the view I expressed yesterday 4 that, if we adhere to the present draft the Austrian State Treaty, there remain only minor differences be tween us. As the Soviet proposals state, that draft treaty "was i the main agreed among the Four Powers in 1949." Only five article Soviet Union suggests, 3 months to reach that agreement. It op be reached in 3 days or even less, so that we can in fact conclude ta treaty at this Conference in accordance with the proposal made yesta day by the three Western Powers.5 of the proposed treaty and turn the clock back, not to 1949, 1947, not even to 1943, but to the darker earlier period when by 1 Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, 19 (Department of State publication 5399; 1954), pp. 188-191. 2 Ibid., pp. 180–183; see also the Soviet proposal of Feb. 12, 1954 (ibid., p. 233-234). not ti Policy, p. 11. 4 Statement of Feb, 12, 1954; Foreign Ministers Meeting See ibid., p. 233. pp. 184-187 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1859 11 Austria but a treaty for the subjection of Austria. 1 Proposal of Feb. 4, 1954; ibid., pp. 228-229. Hitler's action Austria seemed hopelessly doomed to be forever the victim of alien occupation. The Soviet Union proposes to continue military occupation of Austria “pending the conclusion of a peace treaty with Germany." Since the Soviet Union has rejected all proposals for the unifica- tion of Germany on the basis of free elections, and by its own latest German proposal treats the division of Germany as a semipermanent condition, the Soviet Austrian proposal would mean an indefinite occupation of Austria. By requiring the withdrawal of all allied troops from Vienna, while retaining Soviet forces in the Soviet Zone, the capital of Austria would thus be left as a defenseless island, sur- rounded by a sea of Russian soldiers. That occupation of Austria could never be terminated by any action of her own. It would be wholly within the power of the Soviet Union to prolong the occupation forever merely by perpetuating the division of Germany and blocking an all-German peace treaty. If the Soviet proposal were adopted, it would pervert the Austrian State Treaty and require its being rewritten from the preamble to the end. How could we any longer in the preamble describe the treaty as being one designed to liberate Austria and to make it a free and independent state? How could we any longer stipulate by article 1 that Austria shall be “reestablished as a sovereign, independent and democratic State”? How could we any longer declare as in article 2 that we "will respect the independence and territorial integrity of Austria”? Article 33 entitled "Withdrawal of Allied Forces” would be ob- literated and have to be replaced by an article entitled "The Indefinite Military Occupation of Austria." The treaty would thus become not a treaty for the liberation of A second major and related change in the treaty is proposed by the Soviet Union in terms of subjecting Austria to "neutralization. A neutral status is an honorable status if it is voluntarily chosen by & nation. Switzerland has chosen to be neutral, and as a neutral she has achieved an honorable place in the family of nations. Under the Austrian State Treaty as heretofore drafted, Austria would be free to choose for itself to be a neutral state like Switzerland. Cer- tainly the United States would fully respect its choice in this respect, as it fully respects the comparable choice of the Swiss Nation. However, it is one thing for a nation to choose to be neutral. It is another thing to have neutrality forcibly imposed on it by other ! nations as a perpetual servitude. A state subjected to such imposed neutralization is not in fact a of the language which the Soviet proposal retains that "Austria shall be reestablished as a sovereign, independent, and democratic state.” It is difficult to understand why the Soviet Union, at this moment when an Austrian State Treaty seemed to be on the point of realiza- If 1 11 1 10 M ......... 1860 AMERICAN FOREIGN POLICY, 1950-1955 t tion, should now propose provisions which would basically alter the entire character of the treaty and which would violate the Moscow Declaration on Austria of November 1, 1943, whereby the Three Powers with the subsequent adhesion of France undertook "to see reestablished a free and independent Austria." If the Soviet proposal were accepted, there would be not a free Austria, but an enslaved Austria; not an independent Austria, but a subject Austria. If this Four Power meeting accepted the Soviet proposal, we would expose ourselves before the world as being morally and politically bankrupt. We would have forfeited all right to the confidence of others in our willingness to fulfill our solemn pledges. We do not know, we can only suspect, the reasons which prompt the Soviet to make its present proposal. The reasons given are gro- tesquely inadequate. It is given as a reason that there is lacking a treaty with Germany whereby Germany undertakes to respect the independence of Austria . It is said that, until that undertaking is given, Austria must remain occupied. The Soviet Foreign Minister would have us believe that, during the period when Germany is occupied and totally disarmed—at least in the Western Zones, the danger to Austria from Germany is so great that Austria must be occupied to protect it against that German danger; but that, once Germany is restored to a unified and inde- S pendent status with a national army of its own, then it will be safe to end the occupation of Austria. Such reasoning will not carry con se viction anywhere. A plausible explanation is the fact that article 22 of the Treaty of 30 Peace with Hungary and article 21 of the Treaty of Peace with Rumania ? provide that the Soviet Union may maintain its armed en forces on the territory of these countries so long as this is needed for vi the maintenance of the lines of communication of the Soviet Army as with the Soviet Zone of occupation in Austria. I can understand that the Soviet Union fears a withdrawal fron en Austria which would also require it to withdraw its Red Armies from Hungary and Rumania. Is it, however, really decent that little Austria should have to vi continue to be an occupied state so that the Soviet Union will here th a pretext for continuing to occupy also Hungary and Rumania? So ali cynical an attitude will surely shock the conscience of the world. We have heard from the Soviet Foreign Minister many words con una demning militarism." But everything which he proposes, whether ist relation to Hungary and Rumania, shows dependence on militar of power. No considerations of humanity prevail as against naked force. The Soviet Minister has introduced in his Austrian proposal a por posal for the four of us to consider the question of Trieste. That UI an indirectly in ра 1 1 Treaty of Feb. 10, 1947; TIAS 1651 (61 Stat., pt. 2, p. 2065). 2 Treaty of Feb. 10, 1947; TIAS 1649 (61 Stat., pt. 2, p. 1757). Foreign Ministers Meeting ..., p. 239. 1861 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 11 le at of these documents we have signed? Nothing is wrong in the wording. ? This statement by Mr. Molotov was not printed. 3 Declaration of Aug. 14, 1941 (A Decade of American Foreign Policy, pp. 1-2); see also the United Nations declaration of Jan. 1, 1942 (ibid., p. 2). . Protocol of Proceedings of Feb, 11, 1945; ibid., pp. 27–32. proposal is unacceptable to the United States. In any event, it has no proper relationship to the Austrian question. I hope that its introduction does not mean that it is the intention of the Soviet For- eign Minister to make a conclusion of a State Treaty with Austria dependent upon the prior solution of all other European questions, so that the first victim of Hitlerite aggression would automatically be the last to be relieved of the consequences of that aggression. I earnestly plead with the Soviet Foreign Minister to withdraw the two Austrian proposals which he made yesterday, which, as I say, would completely revolutionize not only the text but also the charac- ter of the Austrian State Treaty. If he will make that withdrawal, t then I have every confidence that the remaining differences, which are very slight, can be composed. Then we could in fact conclude the Austrian State Treaty at this meeting of the Foreign Ministers and crown our efforts here with an honorable success. 102. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 15, 1954 (Excerpt) i I would like first of all to answer the_last questions which the Soviet Foreign Minister put. He said, "Do we want collective se- le cuity in Europe?''The answer to that is, "We want collective - security everywhere in the world.” We have tried to get that security during the war and postwar of years in many different ways. h We tried to get it by the Atlantic Charter, 3 to which all of our gov- odernments subscribed. I am afraid none of us can feel that the pro- visions of the Atlantic Charter have been lived up to, provisions which V assure the right of all peoples to choose the form of government under which they will live and to see sovereign rights and self-gov- 10: ernment restored to those who have been deprived of them. We tried to get it by the Declaration of Yalta, which provided, among other things, a Declaration on Liberated Europe which pro- vided for the establishment of free governments by free elections And then we tried to get it by the U. N. Charter, which requires all of us—and most of the nations of the world not to use force against the political independence or territorial integrity of other Why have we not gotten European security and world security out What has been wrong is, at least in the opinion of some, that other parties to the agreements have not lived up to these agreements, and -1) - I DI 0 le throughout Europe. 10 1- ei states. III ! Bu at * Ibid., pp. 171-174. 1862 AMERICAN FOREIGN POLICY, 1950–1955 t t g SO W B co T m of to T lo sa ba th tid there has followed a great sense of insecurity in the world because of lack of trust and confidence in men's and nations' will to live up to their pledged word. That is why there has grown up in the world, in addition to the proposed universal system of the United Nations, other regional col- lective security arrangements exercising what the charter calls "the collective right of self-defense. These special security arrangements do not have any words that add anything not already in the United Nations Charter. The addi- tion which they provide is that they are agreements between nations which, over long periods of time, have come to trust and have con fidence in each other. They provide the element of confidence which unfortunately has not been present on a universal basis. The Soviet Foreign Minister has asked why, if the 21 American nations had made a Rio pact, is it not equally logical that the mysterious "32" nations of Europe should not make a pact. The Rio Pact, the pact of the Americas, is not just a regional pact. It is a pact which, as the treaty itself provides, contains this declara- tion: "Peace is founded on justice and moral order and ... the pro- tection of human rights and freedoms." These are not mere words in the case of the pact of the Americas . That is an expression of reality which has been demonstrated by close association for 150 years. And the ingredient which makes the Rio Pact a dependable reality is the fact of confidence which is based upon 150 years of peaceful association, And so it is that groups of countries have sought to augment the words of the United Nations Charter with the essential element of confidence based upon long historic association. That is true of the British Commonwealth of Nations. It is true of the nations which are bound together by the North Atlantic Treaty! The North Atlantic Treaty is based upon the expressed determina tion of their peoples to safeguard the freedom, common heritage, and civilization of their peoples, founded on the principles of democracy, individual liberty, and the rule of law. And those words, again, are not just ink on paper. Those words are the expression of a reality which has been demonstrated over many generations and which are bound not by ink, but by blood which has been shed in protecting that common heritage. It is suggested that this North Atlantic Treaty is a cause of division, It is clearly evident that history has revealed that the coming into closer association of the Western nations is not a cause of disunity, but is caused by the fear and apprehension which, to an increasing degree, seized hold of these countries as the result of actions which occurred elsewhere. I recall that this postwar coming together had its first major be ginning in the Brussels Pact of March 17, 1948.4 I recall, however , 1 Statement of Feb. 10, 1954; Foreign Ministers Meeting, pp. 159–161. 2 Treaty of Sept, 2, 1947; supra, pp. 789-796. 3 Treaty of Apr. 4, 1949; supra, pp. 812–815. 4 Supra, pp. 968–971, the 887 crt of ce) pri th as th WO br is AI 83 pu GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1863 balance of power. 83d Cong., 2d sess., Part 14). 3 See Germany, 1947–1949: The Story in Documents (Department of State publication 3556; 1950), pp. 202–274. * See infra, pp. 2536-2626. that that was preceded by the Communists' armed efforts to overthrow the lawful government of Greece and by the forceable coup d'état whereby the Czech Government was overthrown and a Communist government installed in its place.? Then I recall that there was the blockade of Berlin, which brought war very close to Europe. And it was during that period that the idea of strengthening the Brussels Pact by bringing in the United States, Canada, and other countries first was conceived, and that treaty, the North Atlantic Treaty, was then realized in 1949. Even then, however, it was not thought to be necessary to imple- ment that treaty with any large military organization. I recall that I was in the U. S. Senate at the time of the ratification of that treaty, and we did not think it would be necessary actually to implement any large military organization under the Atlantic Treaty But then came the armed aggression in Korea, in June 1950, fol- lowed by the Chinese Communist aggression of November 1950.4 And these events created fear to such a degree that it seemed neces- sary to build a sufficient strength in Europe to create a respectable General Eisenhower came over at the end of December 1950 to be the Supreme Commander of the Allied Powers, and under his inspira- tion there was developed military strength in Europe. Now that there is at least a reasonable defensible posture in sight, that expense is being leveled off. I think it would be very difficult for any impartial observer to say that the North Atlantic Treaty or the organizations under it have created the division of Europe. It has been responsive to a division of Europe which already existed and the danger of which was ac- centuated by such events as I have outlined. The Soviet Foreign Minister has asked us to study and analyze the precise words and drafting of his project. I must say in all frankness that I am not interested in the words. I could heap this table high with past words that are just as fine as the human hand and mind can pen. I have referred to some of What I ask is, will these words bring with them confidence? The words already exist; they exist in the United Nations Charter. They have existed in many other documents, The essence is not the words but whether in fact the proposal will bring a confidence which will end the disunity of Europe. I can say with, I hope, assurance that I will be believed, that there is no international objective which is as dear to the hearts of the American people as real peace and security in Europe. That ought See A Decade of American Foreign Policy, pp. 753–782, See Communist Takeover and Occupation of Czechoslovakia (H. Rept. No. 2684, them this afternoon. 1 1864 AMERICAN FOREIGN POLICY, 1950-1955 C. ai es W m 0i fo Again it went down to the bottom of the hill. And the Deputies to be our wish, because the lack of that has cost us very dearly and in very heavily in the past. I have, however, grown skeptical of the possibility of solving great problems merely by repeating old words or inventing new words . I do not believe, myself, that the division of Europe, which so des. perately needs to be cured, can be cured by a formula of words. I believe there are some things which need to be done first. it One of the things that needs to be done is to end the division of it Germany. d Here is a problem which is our own particular problem. It lies here on this table; it is symbolized by the city in which we meet. And yet we seem unable to even make that start in ending the division of Europe. T PE 103. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 16, 1954 1 th For about 2,000 years now there has been a figure in mythology which symbolizes tragic futility. That was Sisyphus, who, according to the Greek story, was given the task of rolling a great stone up to the top of a hill. Each time when, after great struggle and sweating the stone was just at the brow of the hill, some evil force manifested itself and pushed the stone down. So poor Sisyphus had to start his su task over again. I suspect that for the next 2,000 years the story of Sisyphus wil be forgotten, when generation after generation is told the story, T tragic story, of the Austrian State Treaty. Austria was promised its independence 11 years ago. When our forces moved into Austrie 9 years ago they announced that they were there only to liberate . fa Now, year after year has gone by, when we have repeatedly been almost at the point of concluding an Austrian State Treaty, and always some evil force manifests itself and pushes the treaty again. So we have to start again from the bottom of the hill. That is again the tragedy being repeated here today. I recall that when we were in Moscow in 1947,2 7 years ago, an Aus trian State Treaty was almost concluded as the result of the work A which the Deputies had been carrying on in London some 6 months previously, and we thought then that an Austrian State Treaty was in sight. A worked and worked for the succeeding 2 years, and finally again if th seemed to be on the point of realization. And at our meeting in Paris Ai 1 Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, 1964 (of ; 2 The fourth session of the Council of Foreign Ministers; see Secretary Mar shall's report (A Decade of American Foreign Policy, pp. 97-106). be tr to ye ar SE the 2 SO S1 back tr VE C& CO GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1865 9 Treaty of May 27, 1952; supra, pp. 1107–1150. Anschluss. And presumably the Soviet troops are to be there to pre- Soviet Foreign Minister as being found in certain Austrian periodi- cals. Well, I wonder, is it to be the function of the Allied troops in Austria to censor the publications of the Austrians, and to be sure that nothing appears in any Austrian periodicals that relates to 1 The sixth session of the Council of Foreign Ministers; see the quadripartite communiqué of June 21, 1949 (ibid., pp. 110–112); in 1949' it was so near to completion that it seemed that the Deputies could conclude it within a few days. Then began again the series of efforts, and first one excuse after another one was brought forward-Yugoslavia, Trieste, the Soviet claim for payment for the dried peas, and finally, when no more excuses could be thought of, the Soviet Union suddenly realized that it was wrong to work on the treaty at all through deputies and that it all had been a great mistake that the task had been referred to deputies for some 4 years, and, therefore, the whole task had to be withdrawn from the deputies and had to be negotiated through diplo- matic channels. Now, when we came here with real hope that the Austrian State Treaty could at last be concluded, we were completely taken by sur- prise to find major new proposals put forward by the Soviet Union. The most serious of those proposals, because it cuts the heart out of the treaty, is that providing for an indefinite perpetuation of armed forces of alien nations on the territory of the Austrian State. It is suggested that the reason is, or one of the reasons is, the fact that a European Defense Community is proposed. As I recall , the Edc treaty was signed in May 1952. I do not believe that even the Soviet Foreign Minister would claim that the treaty signed in May 1952 explains the failure for the 3 preceding years to conclude an Austrian State Treaty. And if the European Defense Community Treaty of May 1952 was an obstacle to the removal of Soviet troops from Austria, it is indeed surprising and hardly explained why that was kept such a close secret for 2 years, to be sprung on us here just a day or two ago. It was indeed a rather cruel performance, if in fact that event of years ago completely undermined the proposed Austrian State Treaty, that no inkling of that should be given during this 2-year period. Indeed, that is so incredible that, in the light of all that has transpired during the past 9 years, we must conclude that all we are faced by is another pretext, another excuse, for not carrying out the solemn pledge which assured that Austria would, as quickly as pos- sible , be given its independence as a sovereign state. It is not at all clear to me as to what the relationship is of Soviet troops in Austria to the alleged reasons. It is said that there is evidence of the development toward an The evidence of movement toward an Anschluss is reported by the We can only surmise as to the functions these troops are to perform. 2 vent that. Anschluss? 1 1866 AMERICAN FOREIGN POLICY, 1950–1955 Under the Austrian State Treaty as heretofor drafted, Austria would be free to choose for herself to be a neutral choose to be neutral, and it is another thing to have neutrality forcibly The proposed treaty which the Soviet Union has been considering 1 Statement of Feb. 13, 1954; supra, doc. 101 (the text is slightly different But on the basis of the reasons given, it would seem they would have a great role indeed in controlling the thinking, the printing of the news-perhaps the social order of the Austrians' supposedly sovereign state. What are these troops to do? The Soviet Foreign Minister says they are not occupation troops. They certainly, as I said before , , occupy part of Austria. They are there to stop Anschluss, which , it is said, is rearing its ugly head because it is referred to in publica- tions which, presumably, then these troops would suppress. And there is some evidence, it is said, that in some business circles , they are thinking of economic ties with Germany. Are these troops to have the responsibility of controlling the economic, the commercial life, of Austria? What are they to do there to stop the Anschluss? All of that is very obscure to me. Another reason given and to me that is the most curious of all- is that the United States, it is said, has a hundred bases in Europe . Well, let me say first that none of those bases are under Edc, because there is no Enc. And furthermore, it strikes me as extremely curious to say that , because the United States has a hundred bases in Europe, therefore it must be compelled to have one more in Austria. I think that the Soviet Foreign Minister will understand that i is at least excusable if we think, and if much of the world will think that what is actually under way here is another illustration of the unwillingness of the Soviet Union actually to restore genuine free dom and independence in any area where it has once gotten its grup through the use of its army or otherwise. The interpretation is forced upon us by the otherwise inexplicable amendments proposed and the lack of any valid justification for the That is really the tragic aspect of this affair. It throws a somber light upon other problems as well. The Soviet Foreign Minister referred to the question of the so-called neutralization of Austria and indicated that I had agreed with, or W not strongly opposed to, the Soviet position in that respect. I think that the Soviet Foreign Minister must have misunderstood me or per M haps I did not make my position sufficiently clear. What I have said, as shown by my notes, is this: G "A neutral status is an honorable status if it is voluntarily chosen PE by a nation. nation. Certainly, the United States would fully respell as Austria's choice in this respect.' fra However, I went on to say that it is one thing for a nation GO th imposed on it by other nations as a perpetual servitude. with us here contains certain articles which the Soviet Union has @ t 8 11 en, 2 from Mr. Dulles' notes). GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1867 CAM 181 ss? ore concerned; I doubt whether he can speak with the same authority from the authorities of West Germany, or from the people of West Germany, that they would like to see the withdrawal of troops of the Western Powers which are in Germany. 1 See the Soviet draft texts of these two treaty articles submitted to the confer- ence, Feb. 14, 1954; Foreign Ministers Meeting ? Ibid., pp. 124-127. 3 Statement of Feb, 17, 1954; ibid., pp. 123–124. uld objected to. Article 1 says that "the Allied and Associated Powers of recognize that Austria is reestablished as a sovereign, independent and dy democratic State." The essence of sovereignty is to be able to exclude from your country the armed forces of other nations, if you do not ay want them; and also the essence of sovereignty is to be able to make dependable alliances with other nations, if you so wish. We believe that Austria should have both of these rights, and it is precisely both of these rights which would be denied by the amendments proposed by the Soviet Union. They would, in effect, nullify the provisions Les of article 1 which I have read, and would equally nullify the provi- sions of article 2, which says that the "Allied and Associated Powers ... will respect the independence and the territorial integrity of Austria." As I have said here, the United States does not itself maintain any 1- armed forces upon the territory of any other sovereign state except at its expressed request and desire, and only as it so desires. We believe Lise that that sound system should be applied to Austria. We are not disposed to go along with a treaty which imposes upon lat Austria a fundamental, basic impairment of the sovereign rights which ostensibly, in the first articles of the treaty, we give to Austria, it and then, in later articles, we entirely take away: nk Thus, the treaty would, in effect, become a fraud, offering sover- the eignty and territorial integrity by the first and second articles, and taking them away by article 4-bis and article 33. I beg that the Soviet Foreign Minister will permit this treaty to be promptly signed, as he professes he would like to have it signed, ble by allowing the treaty to be a genuine treaty for the sovereignty and independence of Austria. Ted 104. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 17, 1954 2 I will comment on the observations made by the Soviet Foreign supports his proposal for troop withdrawal in East and West Germany on the basis that this would give satisfaction to the German I am sure he can speak with authority as far as the Eastern Zone is as far as the Western Zone is concerned. can say that there has been no intimation of any kind received Pe 1 2013 ber Fest inly em Minister 3 He Seul people. Me ell I Of , pp. 239-240. 1868 AMERICAN FOREIGN POLICY, 1950-1955 siderable concern if these troops were withdrawn, given the situation which exists in the East. Therefore, I am afraid that, while the proposal might give satis- faction in the Eastern Zone, it would not give satisfaction in the Western Zone. If the Soviet Union is eager to give people satisfaction by troop withdrawals, I would suggest that a good place to begin would be in Austria, where there is no question but what all the people eagerly desire all the troops to be withdrawn. There we are assured of a chance to give satisfaction. The Soviet delegation might give further consideration to that matter and perhaps indicate their acceptance of the Austrian State Treaty when we take that up tomorrow afternoon. There is, however, a reason more fundamental than any I have in- dicated so far why the United States does not feel itself able to accept the Soviet proposal which is entitled, “On insuring European se- curity.”! That is the paper which calls for the final withdrawal forces, What the Soviet Union asks the Western Powers to do, presumably in the name of European security, is what we did under very analogous circumstances in Korea immediately preceding 1950. Our withdrawal in that case did not produce security; it produced war. Korea, like Germany, was divided. *Korea, like Germany, was divided under conditions so that roughly two-thirds of Korea was occupied by Western forces and the other third occupied by the non- Western forces. The analogy is closer because the indigenous forces in North Korea , like the forces in Eastern Germany, were highly organized and trained , whereas those in Southern Korea and in Western Germany were only police forces. Mr. Molotov has questioned Mr. Eden's (Mr. Bidaults] statements with reference to the East German military personnel. The United States has very reliable information to reveal that the East German military personnel now total 140,200 men under arms. Of this num ber 100,000 are in the ground forces with an additional 25,000 serving in security formations. There are seven organized divisions of which three are mechanized. Air forces constitute 60 jet fighters and trained by 5,000 effectives. These forces are commanded by ex-officers of the Nazi Wehrmacht and of the SS. They are additionai to 100,000 East German police. I can assure the Soviet Foreign Minister that there is nothing com- parable in West Germany. There are ample means of access to information so that anyone can ascertain that fact readily for himself. There is in West Germany a total of 150,000 police, none of whom have any more than normal police armament. thought of in terms of the population of the Western Zone, which is of course, many times that of the Eastern Zone. 1 manned + ] 1 i 1 Proposal of Feb. 10, 1954; Foreign Ministers Meeting . 2 See Mr. Bidault's statement of Feb, 15, 1954; ibid., pp. 164-170. : , pp. 230-231. 1869 GERMANY, AUSTRIA, AND EUROPEAN SECURITY I repeat, lies great danger. 1 unity. | almost surely will follow the same course that was followed by the | Germany which succeeded the Treaty of Versailles. There the re- with the security of the rest of us. Since, in fact, Germany wishes to associate herself with the Western countries of Europe, it is es- sential to peace that she be allowed to do so. have wanted to force her otherwise. The main point is that we should associate herself with the powers of Eastern Europe, we would not | feel that Germany is an independent sovereign state. In that way, not attempt to apply such a coercion to Germans that they will not The situation in Germany is thus comparable to the situation which existed in Korea prior to 1947. Up to that time the United States had its own armed forces in South Korea; and there was peace. The United States took its troops out of South Korea in 1949, and in 1950 there was war. It is not necessary at this point to indulge in argument as to just where the responsibility for that war lay. No one can dispute the two facts: First, that the United States troops were taken out; and, immediately following that, there was war. Therefore , I am sure that Mr. Molotov will understand, even if he does not agree with, our state of mind, when we say that we are highly skeptical of a proposal put forward in the name of peace which involves our following the same course of action which, under remark- ably similar circumstances, in fact led to war. It is to fly in the face of the teachings of history, and indeed of ele- mental reasoning, to seek peace by continuing the disunity of a people who are bound together by sentiments of patriotism and by ethnic The way to get peace and promote peace in Europe is not simply to think of various devices whereby we can mitigate the dangers of a disunited Germany. We should seek a united Germany. That is why I regret that in this topic of item 2 the Soviet Union has gotten lost in its great grandiose scheme, piling words upon words, and it has left the central problem, which is the peaceful unification It is not an accident that the three Western Ministers, under this item 2, have concentrated their attention on the problem of Ger- many and the creation of a united Germany through free elections. It is because we believe that this goes to the heart of the problem of We are also convinced that a united Germany should be allowed to develop along peaceful lines of its own choosing. A Germany which is coerced, which is told what it cannot do, is a Germany which pursue her inclinations so long as these are peaceful and compatible our second point is that Germany must be allowed to If she had wished to of Germany. security for Europe. extreme nationalists to come to power. Therefore, 1870 AMERICAN FOREIGN POLICY, 1950–1955 achieve German reunification in freedom and by peaceful meali In the meantime, they have suggested certain measures which coul reduce the effect of the present division of Germany and its consel 1 Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, 191 It is a fact, which all of us who really want peace should eagerly welcome, that certainly the greater part of the Germans want to adopt a course which will end, for at least 50 years, and I believe for all time, a distinctively national army, and equally end the Ger man general staff. The fact that the Germans want to do this gives us a unique opportunity to go to meet them, and to consolidate that present will. That will may not always be with us. If today went ject that will of the German people which goes in the direction of peace, if we try to substitute provisions which will be forcibly imposed upon Germany, if we perpetuate the division of Germany, if we impos limitation and controls of the nature of the Versailles treaty then , I say, we would be accepting a heavy responsibility before history. 105. CONCLUSION OF THE BERLIN CONFERENCE: Commu- niqué by the Foreign Ministers of the United States, the Unitel Kingdom, France, and the Soviet Union, February 18, 195 (Excerpt) The four Ministers have had a full exchange of views on the Germa question, on the problems of European security, and on the Austrian question. They were unable to reach agreement upon these matter fr 106. CONCLUSION OF THE BERLIN CONFERENCE: Comma niqué by the Foreign Ministers of the United States, the Unite al Kingdom, and France, February 19, 1954 2 The major problem facing the Berlin conference was that Germany. The three Western delegations urged that the reunifis tion of Germany should be achieved through free elections, leadis to the creation of an all-German Government with which a per treaty could be concluded. They put forward a practical plan to th end. Their proposals were not accepted by the Soviet delegatik that the Soviet Government is not now ready to permit free a even as a basis for discussion, and they were forced to the conclusie German elections, or to abandon its control over Eastern German The three Western Governments will continue their efforts » ta CI G pl T p] ef B 1 22 (Department of State publication 5399; 1954), pp. 217–218. 2 Ibid., pp. 218-219. 3 See ibid., pp. 223-225. 1871 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 8 See the two proposals made by the Soviet Union, Feb. 10, 1954; ibid., pp. efforts to develop the system of defense on which their survival Berlin Conference, see supra, pp. 85-90.) See Dr. Figl's statement of Feb. 16, 1954; ibid., pp. 200- 202. See ibid., pp. 239-240. 1 See M. Bidault's statement of Feb. 15, 1954; ibid., pp. 164-170. See Dr. Figl's statement of Feb. 18, 1954; ibid., p. 207. missioners should study these questions with the Soviet High Com- missioner. As regards Berlin, the three Governments reaffirm their abiding interest in the security of the city as expressed in the Tri- partite Declaration of May 27, 1952. They will do all in their power to improve conditions in Berlin and to promote the economic welfare of the city. The three Western Ministers did their utmost to secure agreement upon the Austrian State Treaty. They accepted the Soviet version of all the remaining disagreed articles. The Austrian Foreign Minister, who was present at all the discussions on this question, declared himself ready to sign the treaty in this form. The Soviet Foreign Minister , however, insisted upon adding new provisions to the treaty.s The effect of these would have been to leave foreign troops in Austria for an indefinite period after the entry into force of the treaty, and to impair Austria's right to play her full part in international life. The treaty could therefore not be concluded in Berlin, despite an Austrian offer accepted by the Western Ministers, that troops of the Four Powers should remain in Austria until the 30th of June 1955.6 The three Governments are prepared to continue their efforts to conclude the Austrian State Treaty, but progress depends on the Soviet Union modifying its attitude. Meanwhile, they will continue to seek every means of lightening the burden of occupation on Austria. The three Governments remain ready to take advantage of any further opportunity which may arise to promote, by renewal of the contacts established at Berlin or by other means, å solution of the The three Ministers explained and reaffirmed the purely defensive character of Western security arrangements. Offers were made to discuss how the undertakings which already protect the Soviet Union against aggression could be reinforced?? The Soviet delegation made no response to these offers. Their own proposals would have involved the dissolution of the Western security system, while the military power of the Soviet bloc in Europe remained intact. The Three Powers do not intend to be deflected from their e for the text of Secretary Dulles' report of February 24, 1954, on the pp. 234-235. German and Austrian problems. depends. See Mr. Eden's statement of Feb. 18, 1954; ibid., pp. 128–130. ? Supra, pp. 1197–1198. * 8 230-232. can only prolong insecurity and division in Europe. These proposals, 6 Proposals of Feb. 10, 1954; Foreign Ministers Meeting: Berlin Discussion January 25-February 18, 1954 (Department of State publication 5399; 1954, 1872 AMERICAN FOREIGN POLICY, 1950–1955 H. NEGOTIATIONS REGARDING GERMANY, AUS. TRIA, AND EUROPEAN SECURITY, 1954-1955 107. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MAY 7, 1954 1 The United States Government has consulted the British and French Governments and the other interested governments, and in particular those of the North Atlantic Treaty Organization, on those aspects of the problem of European security which were fully discussed by the four Foreign Ministers at Berlin and to which the Soviet Government again drew attention in its note of March 31.? The United States Government has long been striving for the universal reduction of armaments, to include the prohibition of atomic and other weapons of mass destruction and the control of atomic energy. In the United Nations Atomic Energy Commission the United Nations Commission on Conventional Armaments, and subsequently in the United Nations Disarmament Commission, the United States Government has worked to secure international agree- ment on disarmament and to put an end to the competition in arma- ments which is imposing such a burden upon the peoples of the world. Such agreement can only be reached by progressive and balanced disarmament with effective safeguards which would re- move the dangers of aggression from any quarter. The United States Government is determined to do everything in its power to bring to a successful conclusion the conversations started as a result of Presi- dent Eisenhower's initiatives as well as the disarmament negotia- tions which will shortly begin again in the United Nations. It hopes that the Soviet Government will make a constructive contribution to the solution of these problems. If these negotiations are to succeed, a sense of security and coni dence must first be established. It is in this light that the United States Government has again carefully studied the Soviet proposals on European security first put forward in Berlin - and now repeated in the Soviet Government's note. In these the Soviet Government does not attempt to remove the actual causes of European tension Instead it proposes a new collective security treaty which is a vowed based on the neutralization and continued division of Germany while leaving unchanged the Soviet Government's close political, economie and military control over the countries of Eastern Europe. 1 Department of State Bulletin, May 17, 1954, pp. 756-757, 2 Ibid., pp, 757-759. 3 See President Eisenhower's address of Dec. 8, 1953, infra, pp. 2798-2805 . 4 See infra, pp. 2810–2823. pp. . This 1873 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Discussions, pp. 223-225. solution of the German problem. 1 Treaty of Apr. 4, 1949, as amended by protocol of Oct. 17, 1951; supra, pp. ? See the "Eden plan" of Jan. 29, 1954; Foreign Ministers Meeting: Berlin even when amended to permit United States participation, do not provide any foundation for genuine security. The addition to the United Nations of such an organization as that proposed by the Soviet Government, embracing the Soviet Union, the United States and all European countries would contribute nothing to what is already a world-wide security organization. It would not only be useless but also dangerous because it would inevitably tend to destroy the authority of the United Nations. The United States Government cannot therefore accept the Soviet proposal. Collective security would best be safeguarded if the Soviet Government would permit the United Nations to function as the Charter intended. The Soviet Government has also suggested that its proposed Collective Security Pact should be accompanied by an extension of the Atlantic Pact through the adherence of the Soviet Union to the North Atlantic Treaty. It is unnecessary to emphasize the com- pletely unreal character of such a suggestion. It is contrary to the very principles on which the defense system and the security of the Western Nations depend. These nations have bound themselves by close ties of mutual confidence. The North Atlantic Treaty Organ- ization, which is much more than a purely military arrangement, is founded on the principle of individual liberty and the rule of law. The means of defense of its members have been pooled to provide collectively the security which they cannot attain individually, in the face of the military preponderance which the Soviet Union has attained in Europe since 1945 and of the westward expansion of a political, economic and military system subject to its sole control. The North Atlantic Treaty Organization is wholly defensive. There is free and full exchange of information between at its members. All its decisions are taken by unanimous consent. The Soviet Union as a member of the organization would therefore be in a position to veto every decision. None of the member states is prepared to allow their joint defense system to be disrupted in this way. European and world security will not be promoted by the disruption of defensive associations of like-minded states and the substitution of new illusory security organizations. The United States Government remains convinced that the only way to remove the sense of insecurity which weighs on the world is through step-by-step solutions of indi- pidual problems. It does not believe that a lasting settlement can be achieved by erecting a new façade of security behind which the fundamental difficulties and divisions remain unchanged. With these thoughts in mind, the Western Powers at Berlin advo- cated a plan which would have constituted a first step towards the not even discuss this plan. The Western Powers also put forward proposals designed to reinforce the security of Europe on the basis of 2 812-815, 853–854. 415900_-57-Vol. 2-15 1.1. 1874 AMERICAN FOREIGN POLICY, 1950–1955 3 The existing agreements. The Soviet Government refused also to con- sider these proposals. The Western Powers offered to accept the Soviet text of every unagreed article of the Austrian State Treaty. But the Soviet Government, far from agreeing to sign on its own terms, attached new and unacceptable conditions which would have totally changed the treaty from one of freedom and independence to one of indefinite occupation by foreign troops. The Soviet Government has repeated the criticisms it made at Berlin about plans for a European Defense Community. United States Government has already stated its views on this subject . It is quite untrue to suggest that the present plans which are of limited scope are responsible for the division of Europe or aggravate the risk of war. The division of Europe was brought about by the Soviet Government, and its refusal to contemplate the reunification of Germany on the basis of free elections is one of the elements that serves to perpetuate this division. In these circumstances the Federal Republic of Germany cannot be allowed to remain without any means of defense when the Eastern Zone of Germany, as its leaders openly acknowledge, possesses substantial armed forces . The United States Government considers that the best and safest way for all concerned to solve the problem of a German contribution to defense is within the framework of an association which by its very nature would prevent Germany from taking any individual armed action. The United States Government remains convinced of the urgent need to improve relations between states and to ensure mutual security. It suggests that progress could best be made toward the elimination of the sources of international tension if the Soviet Govern- ment would give concrete evidence of its good intentions by joining with the Governments of France, the United Kingdom and the United States in (1) finding a speedy settlement of the Austrian question that will restore to Austria its full sovereignty and inde- pendence; (2) seeking a lasting and acceptable solution of the German problem; (3) reaching early agreement on general, progressive, bal- anced, and supervised disarmament: such agreement should specific cally include the prohibition of atomic and other weapons of mass destruction and the control of atomic energy under adequate safe- guard; (4) working for solutions of the most pressing problems in the Far East at the Geneva conference; (5) conforming their behavior in the United Nations to the principles of the Charter and so enabling the United Nations to fulfill its true role as an effective organization for collective security. 1 1 1 f ( 1 See Foreign Ministers Meeting: Berlin Discussions, pp. 152, 168–169. 9 See the United States proposal of Feb. 14, 1954; ibid., pp. 234-235. 8 Mr. Molotov's statements of Feb. 1 and?, 1954; ibid., pp. 134-138, 142–148 1875 GERMANY, AUSTRIA, AND EUROPEAN SECURITY See supra, docs. 97–106. European security, is intended to prevent any nation from having by holding free elections throughout Germany under international Powers at the Berlin Conference for the early holding of elections. French Governments sent similar notes. Department of State Bulletin, Sept. 20, 1954, pp. 397-398. The British and 108. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 10, 19541 The United States Government, in consultation with the British and French Governments, with the other NATO Governments and also with the Austrian and German Federal Governments, has studied with close attention the Soviet Government's note of July 24 2 and its oral communication of August 4.3 In these communications the Soviet Government has repeated its proposals which were fully discussed at the Berlin Conference. The United States Government attaches great importance to European security but it cannot be usefully discussed unless the fundamental interests of all the parties concerned are safeguarded. Security in Europe cannot be brought about by the signature of a general treaty of the kind proposed by the Sovieť Government. It will only result from the solution of concrete problems, of which the most pressing are those of Germany and Austria. The United States Government notes that the Soviet Government has again alleged that Nato constitutes an "aggressive military grouping". The aims of Nato are purely defensive and are in entire conformity with the Charter of the United Nations. It was set up to enable the western democracies to defend themselves against the threat created by the establishment since 1945 of a heavily armed Soviet grouping in Eastern Europe. It now forms a free association of like-minded states, with other than purely military ties. There can be no question either of modifying or abandoning this conception. The association of the German Federal Republic with other peace- loving states of Western Europe in a defensive system, long after the rearming of Eastern Germany, far from constituting a threat to independent recourse to the threat or use of force. This is the best guarantee for the security of all Germany's neighbors, of Germany herself and of Europe as a whole. Neither in its note of July 24 nor in its oral communication of August 4 has the Soviet Government made any new proposals for a solution of the German problem. Under the proposed Soviet security treaty the present division of Germany would be maintained contrary to the profound desire of the German people. The U.S. Government, on the other hand, believes that Germany must be re-united in freedom at the earliest possible moment and that this can only be achieved supervision. The U.S. Government remains prepared to negotiate pro the basis of the practical plan put forward by the three Western ? Ibid., pp. 398-401. Ibid., p. 402. 4 3 1876 AMERICAN FOREIGN POLICY, 1950–1955 United States Government now renews; (B) agreeing to free election If progress could be made in this way, the United States Government the foreign ministers of the United States, France, the United Kingdom, and the Union of Soviet Socialist Republics to complete the action on these problems and then to consider the remaining The simplest step towards the promotion of European security remains, however, an early settlement of the Austrian question. In this connection the U.S. Government must once again express the view that conclusion of an Austrian treaty should not, as proposed by the Soviet Government, be dependent upon an all-European settle- ment, upon a German peace treaty, or upon any other matter extrane- ous to the Austrian treaty. At Berlin the U.Š. Government offered, contingent upon prompt Soviet acceptance, to accept the Soviet text of all the previously unagreed articles in the Austrian state treaty. The U.S. Government is prepared to renew that offer now. If the Soviet Government will sign the treaty in these terms, agree- ment could thus be reached at once to restore to Austria the freedom and independence which have been promised to her since 1943. Agreement on the question of disarmament would undoubtedly help to create the necessary atmosphere in which the problem of European security could usefully be discussed. The U.S. Govern- ment seeks the abolition of the use, possession and manufacture of all atomic, hydrogen and other weapons of mass destruction, within s system which would include provisions for simultaneous and major reductions in conventional armaments and armed forces to levels to be agreed, the whole program to be carried out in accordance with an agreed timetable and under effective supervision and control. During the recent discussions in the U.N. subcommittee, the U.S. Govern , ment put forward proposals which could have led to progress . Although the Soviet Government was not then willing to consider these proposals, the U.S. Government will continue to seek a acceptable and effective agreement and hope that the Soviet Govern- ment will contribute to this end. These are the problems to which practical agreed solutions must be found if there is to be genuine security in Europe. Further inter national discussion of them would only be useful if there is a better prospect of finding solutions than was revealed in the exhaustive discussions at the Berlin Conference or than is now revealed in the latest Soviet communications. The U.S. Government remains deter mined to do all in its power to make progress on these problems. hopes that the Soviet Government will contribute to such progress by: (A) signing the Austrian state treaty with the Soviet text of the previously unagreed articles, an offer made at the Berlin Conference by the United States, United Kingdom, France and Austria which the on the basis proposed by the United States Government at Beria as the essential first step towards German reunification in freedom would then be prepared to agree to the convocation of a } meeting 1 See Foreign Ministers Meeting: Berlin Discussions, January 25-February 1954 (Department of State publication 5399; 1954), pp. 234-235. 2 See infra, pp. 2810–2817. 1877 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Department of State Bulletin, Feb. 16, 1953, pp. 260-261. They added that they were prepared to take part in a meeting of * U.N. doc. A/2798, Nov. 22, 1954. 4 General Assembly Res. 613 (VII); supra, doc. 83. 8 A Decade of American Foreign Policy, p. 11. 4 French adherence took place Nov. 16, 1943; Recueil de textes à l'usage des Conférences de la paix (Paris, 1946), p. 123. o See American note of Jan. 12, 1953; supra, doc. 84. aspects of European security. The United States Government also sincerely hopes that the disarmament discussions in the U.N. can be brought to a successful conclusion, 109. SUMMARY OF AUSTRIAN TREATY NEGOTIATIONS, DE- CEMBER 20, 1952-NOVEMBER 19, 1954: Report by the United States, the United Kingdom, and France to the Secretary-General of the United Nations, November 19, 1954 1 On 20 December 1952, the General Assembly of the United Na- tions , at its 409th plenary meeting, recalling the terms of the Moscow Declaration of 1 November 1943, whereby the Governments of the Union of the Soviet Socialist Republics, the United Kingdom and the United States of America (joined later by France) recog- nized that Austria should be re-established as a free and independent State , expressed its concern that negotiations towards the conclusion of an Austrian Treaty which had been under way since 1947 had failed to bring about the proposed objective. The Assembly, there- fore, addressed an earnest appeal to the Governments concerned to make a renewed and urgent effort to reach agreement on the terms of an Austrian Treaty with a view to an early termination of the occupation of Austria and the full exercise by Austria of the powers inherent in its sovereignty. The General Assembly also expressed its hope that the solution of this problem would "constitute an im- portant step towards the elimination of other areas of disagreement and therefore towards the creation of conditions favourable to the accomplishment of world peace." 2. The Governments of the United States, the United Kingdom and France have been working constantly since 1946 to obtain an acceptable Austrian State Treaty. They consider that the time has now come to report to the General Assembly on the results of the efforts made since 1952 to implement the Assembly's resolution. 3. In January 1953 the three Governments, in notes addressed to the Soviet Government, welcomed the Assembly's resolution and pro- posed that a meeting of the Austrian Treaty Deputies be held at an early date , for the purpose of concluding an Austrian Treaty. The reply of the Soviet Government, dated 27 January 1953, stated that the "Soviet Government considers it necessary to call 'attention to the fact that both the raising of the Austrian question in the United Nations as well as the resolution adopted on this question are illegal. ... : i 1878 AMERICAN FOREIGN POLICY, 1950–1955 independence. (Footnote in the original.] For the text of the short draft turla's representatives of the four Powers on the Austrian question, provided that the Governments of the United States, the United Kingdom and France were prepared to withdraw their proposal for an "ab- breviated Treaty' 1 and to negotiate on the basis of the draft State Treaty which had been the subject of the earlier abortive discussions. The three Governments felt it inappropriate to impose prior conditions , as proposed by the Soviet Government, regarding the scope of the new discussions. Nevertheless the three Governments reiterated their readiness to discuss any proposition which would lead to the end of the occupation. The Soviet Government continued at meet- ings of the Deputies on 6 and 9 February 1953, to insist on the pre- conditions previously stipulated and declined to negotiate on sub- stance. They declined an invitation to a meeting of the Treaty Deputies on 27 May 1953 on the pretext that such a meeting (of which over 260 had already been held) could be called only by the Council of Foreign Ministers. The three Western Deputies denied this and reiterated that they were prepared to accept any treaty in terms which would ensure Austria's political and economic inde- pendence. On 11 June 1953, the three Governments then asked the USSR to state what kind of an Austrian settlement it was pre- pared to conclude. The Soviet Government ignored this request and again limited itself to a demand for withdrawal of the "abbreviated Treaty". The Soviet Government also, in notes addressed to the three Governments on 4 August,“ stated that “a possible successful solution of the German problem could also facilitate the solution of the Austrian question, thus apparently suggesting that hope of an Austrian Treaty must be deferred until other unrelated conditions had been met, a proposition which the three Governments were bound to oppose. On 17 August they invited the USSR to attend & meeting of the Treaty Deputies, scheduled for 31 August, and de- clared their preparedness not to introduce the abbreviated Treaty for consideration on the understanding that no extraneous issues would be raised. The Soviet Government chose not to attend this meeting. In late November 1953 the three Powers made yet another attempt to persuade the Soviet Government to join a discussion of the Austrian problem, offering to do so in a Foreign Ministers con- ference, or in a Deputies meeting, or, if the Soviet Government should prefer, to give prompt and careful consideration to any Soviet 1 It will be recalled that in 1952 the Governments of the United States, the United Kingdom and France, finding the Soviet Government unwilling to como plete the work carried out on the Austrian State Treaty since 1947, submitted & very brief draft treaty which eliminated the unsettled questions of the longer version, and yet included all the essential elements needed to restore Austria's [treaty of Mar. 13, 1952, see supra, doc. 80. 2 See the Soviet note of May 25, 1953; Department of State Bulletin, Jure 8, 1953, p. 815. 3 See the tripartite note of May 26, 1953; supra, doc. 87. 4 Supra, doc. 88. 5 See Department of State Bulletin, Sept. 14, 1953, pp. 352–353. 6 Supra, doc. 90. 1879 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1 Discussions, January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 175–178. proposals made through diplomatic channels. This invitation re- mained unanswered. 4. It was not until the meeting of the four Foreign Ministers in Berlin, between 25 January and 18 February 1954, that negotiations were resumed on the Austrian Treaty.? The Austrian Foreign Minister participated in these discussions. He declared Austria's readiness to pay, if necessary to achieve freedom, the price imposed by the Treaty, including surrender to the Soviet Union of most of Austria's petroleum resources in addition to other assets. He ap- pealed, however, for alleviation of the burdens of the Treaty, espe- cially of article 35, and particularly asked that Austria should be allowed to pay the Soviet Union $150 million in goods instead of cash.3 5. The Soviet Foreign Minister granted this latter request but at once made fresh stipulations. The main ones were: (I) That the withdrawal of occupation troops stationed on the territory of the respective Zones of Austria should be post- poned pending the conclusion of a Peace Treaty with Germany. (At the same time, it was proposed that all Allied troops should be withdrawn from Vienna). (II) That Austria should undertake not to enter into any coalition or military alliance directed against any Power which partic- ipated with its armed forces in the war against Germany and in the liberation of Austria.4 6. The Austrian Government and the three Governments objected to the proposals of the Soviet Government, which would make the conclusion of an Austrian Treaty dependent on the unconnected problem of a settlement in Germany and impose the burden of con- tinued foreign occupation on the Austrian people for an indefinite future . They also pointed out that the second proposal contained conditions which had both military and non-military implications and should not be imposed on any sovereign State. They considered that Austria should be free to decide her own international relations in accordance with the United Nations Charter. The Austrian Govern- gave assurances during the Conference that Austria would not enter into any military alliance but also emphasized that they could not accept, as a condition of reaching agreement upon the State Treaty, that occupation troops should remain in Austria until the signing of In an effort to obtain agreement, the Governments of the United States of America, the United Kingdom and France expressed their See the American note of Nov. 25, 1953; supra, doc. 95. : See supra, docs. 97–106. See Dr. Figl's statement of Feb. 12, 1954; Foreign Ministers Meeting: Berlin ment & German Peace Treaty. posal of the same date (ibid., pp. 233-234). 1880 AMERICAN FOREIGN POLICY, 1950–1955 1 willingness to conclude the Treaty by accepting the versions of the unagreed articles supported by the USSR up to that time. 8. The Austrian Government, as a final concession, offered, if it were agreed by the four Governments, to accept an extension of the period for the withdrawal of occupation forces from Austria provided that that extension was for a definite period and that such a concession would enable the Treaty to be concluded. They suggested that the date of withdrawal should be fixed at the latest at 30 June 1955.2 9. The Soviet Government proved unwilling to accept any of these proposals. Accordingly, no Treaty could be concluded during the Berlin Conference. The three Governments, however, made clear their willingness to resume negotiations as soon as the Soviet Govern- ment were prepared to agree to the restoration of Austrian sovereignty and independence, which would of necessity include the withdrawal of all foreign troops. 10. Exchanges of correspondence since the Berlin Conference have failed to indicate any change thus far in the Soviet attitude which would permit the withdrawal of all occupation forces and conclusion of a Treaty. In a note of 7 May 1954, to the Soviet Government the Governments of the United States, the United Kingdom and France again urged conclusion of an Austrian Treaty as a means of eliminating sources of international tensions. The Soviet Government, in : note of 12 August addressed to the Austrian Government, rejected the latter's proposal for a five-Power committee to consider alleviating Austria's occupation burdens. The Soviet Government instead sug- gested convocation of a committee to examine the unresolved ques- tions pertaining to the Austrian Treaty and other related questions, but again referred to the Soviet proposals made at the Berlin Confer- ence and failed to indicate a willingness to withdraw its troops from Austria, a fundamental requirement for the restoration of Austria's freedom and independence. On 10 September the three Western Powers sent a further note to the USSR in which they renewed their offer made at Berlin in February to conclude the Treaty by accepting the versions of the unagreed articles supported by the USSR up to that time. The Austrian Government, in replying on 12 October to the Soviet note of 12 August, said that it was prepared to participate in new treaty discussion but pointed out that the withdrawal of all occupation forces would be requisite to the conclusion of a Treaty. 11. The Soviet Government, in notes addressed to the Western Powers on 23 October, ? ignored the offer contained in the Western notes of 10 September to sign the Austrian Treaty but instead referred to the same proposal made in its note of 12 August to the Austrian Government for a conference of Ambassadors in Vienna for "ex- 1 See the American proposal of Feb. 14, 1954; Foreign Ministers Meeting, Berlin Discussions, pp. 234 ff. 2 See Dr. Figl's statement of Feb. 18, 1954; ibid., p. 207. 3 Supra, doc. 107. See Documents on American Foreign Relations, 1954 (New York, 1955), p. 239. 5 Supra, doc. 108. The Austrian note of Oct. 12, 1954, has not been printed. ? Department of State Bulletin, Dec. 13, 1954, pp. 902-905. 1881 GERMANY, AUSTRIA, AND EUROPEAN SECURITY French Governments sent similar notes. delaying or preventing the ratification of the Paris agreements. The United States Government for its part is resolved to bring the Paris destruction of defensive associations between states inspired by the 1 Department of State Bulletin, Dec. 13, 1954, pp. 901-902. The British and North Atlantic Treaty (supra, pp. 871-873), and Western European Union 4 Agreements of Oct. 23, 1954, relating to Germany (supra, pp. 483-612), the amination of questions connected with the conclusion of a State Treaty". These new notes also contained no indication of the Soviet Government's willingness to withdraw its occupation troops from Austria which, as previously stressed by the Austrian Government and the three Western Powers, is requisite to conclusion of an Austrian Treaty. 12. The Governments of the United States, the United Kingdom and France deeply regret that their efforts to conclude a Treaty and to grant Austria its freedom and independence in compliance with the United Nations General Assembly resolution have been unavailing. The three Governments will continue to seek means whereby Austrian independence may be re-established and will continue to press for the earliest possible conclusion of a just and acceptable State Treaty. Further progress depends upon the attitude of the Soviet Government. 110. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, NOVEMBER 29, 1954 1 The United States Government, in consultation with the French and British Governments, with the other Nato Governments and with the German Federal Government, has considered the note of October 23 in which the Soviet Government proposed a meeting of the Foreign Ministers of the four powers in November. They have at the same time, in consultation with the interested governments, considered the Soviet Government's note of November 13 proposing a conference on the question of creating a system of collective security in Europe." 3 The United States Government is disappointed to find that, except for a suggestion for the hurried convocation of a European conference on November 29, neither of the Soviet notes contains any new pro- posal, whether on Germany, Austria or European security, which has not already been considered by the Western powers at the Berlin The Soviet note of November 13 is openly and explicitly aimed at agreements * into force as soon as possible and they do not intend to be deflected from this course. The United States Government does not believe that the cause of European security can be served by the Conference. * Ibid., pp. 902-905. > 3 (supra, 1882 1950-1955 AMERICAN FOREIGN POLICY, to replace such associations by new organizations which would leave fundamental divergencies unresolved and would thus constitute no more than a deceptive facade. The United States is convinced that the Paris agreements provide the basis for the solution of some of the most difficult problems confronting Europe and that far from making the question of European security more difficult to solve they wil serve its promotion and contribute to the cause of peace. The unity which is being built up in the west is far broader in its scope and significance than a purely military alliance. The as. sociation of the western nations is based on their common civiliza- tion and traditions. The achievement of a close union in all fields is a deeply rooted aspiration of their peoples. It is a development of great importance in the history of Europe and is gaining in strength and purpose. By settling old rivalries and forming new ties it wil promote the cause of peace in a region which in the past has given birth to so many wars. Since the end of the war rearmament in the countries of the Soviet Bloc, including the Soviet zone of Germany, has been centrally im- posed, massive and unrestricted, thus compelling the western powers to strengthen their common defense. Under the Paris agreements, however, they have of their own free will accepted a system of con- trols, limitations and prohibitions to be applied to their forces ard armaments. This system is designed to prevent any member nation from having independent recourse to the threat or use of force. As regards Germany, the United States Government has noted that the Soviet Government states that a settlement of the German problem is of decisive importance for ensuring security in Europe. In pre- vious notes, the United States Government has emphasized that free all-German elections are the essential first step in the process of Ger man reunification in freedom. In its note of October 23 the Soviet Government has given no indication of its view on this point nor of its attitude towards the practical plan for the holding of early elec- tions, which was put forward by the Governments of France, United States and the United Kingdom at the Berlin Conference , Nor has the Soviet Government advanced specific alternative pro- posals.' The United States Government awaits a precise indication of any concrete proposal which the Soviet Government may now here to make concerning both the timing and nature of the free all-German elections which are the essential first step for the re-establishment of a united Germany. As regards Austria, the United States Government can see Do justification for the continued denial to that country of the freedom and independence promised her by the four powers in the Moscow Declaration of 1943. The governments of the United Kingdom United States and France expressed themselves ready at the Berlin Conference to sign the Austrian State Treaty with the Soviet tero 1 See Foreign Ministers Meeting: Berlin Discussions, January 25-February 18 1954 (Department of State publication 5399; 1954), pp. 223-225. 2 Declaration of Nov. 1, 1943; A Decade of American Foreign Policy, P. the 11. 1883 GERMANY, AUSTRIA, AND EUROPEAN SECURITY European and other interested powers to consider the remaining of the previously unagreed articles. The Austrian Government for its part made it plain that it concurred in this view, and this re- mains its position. There should therefore be no further obstacle in the way of the signature of the treaty and the termination of the occupation and the withdrawal of all foreign forces as prescribed therein. The United States Government notes with disappointment that the Soviet Government nonetheless propose a meeting at Vienna to "consider the remaining unsettled questions relating to the draft state treaty and other questions connected with the conclusion of this treaty.” The United States Government is at a loss as to the nature of the questions referred to by the Soviet Government. If the Soviet Government wishes to furnish the necessary clarifications, the United States Government suggests that this could appropriately be done in exchanges between the Ambassadors in Vienna. Mean- while, the United States Government for its part reaffirms its desire as expressed in the note of September 102 to proceed as soon as possible to the signature of the Austrian State Treaty. The United States Government has on many occasions given proof of their desire to settle questions in dispute by negotiations conducted in a spirit of mutual respect for the essential interests of all the participants. They remain convinced that this is the best way of promoting the cause of peace. This cause would be ill-served by a conference ending in failure. In order that negotiations may be undertaken with a reasonable prospect of success, they consider that a basis of agreement should have been carefully prepared and established in advance. The essential basis for a useful conference whether on Germany, Austria or the remaining aspects of European security does not, in their view, at present exist. In order to establish such a basis and to deal with the foregoing questions in due order, the United States Government proposes the (1) Agreement to sign the Austrian State Treaty; (2) Clarification by the Soviet Government of its position on the question of free elections in Germany which are the essential first steps to German reunification; (3) Exchanges through diplomatic channels on any other European questions of common interest which might suitably be examined at a later four-power meeting, in particular, questions relating to (4) A meeting of the four-power Ministers as soon as it should appear that there is a real prospect of finding solutions and after ratification of the Paris agreements by the countries concerned; 9) Should it thereafter appear useful, a wider conference of following: . European security; aspects of European security. * See Foreign Ministers Meeting, * Supra, doc. 108. , pp. 234-235. 1884 AMERICAN FOREIGN POLICY, 1950–1955 111. DECLARATION BY THE GOVERNMENTS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, APRIL 5, 1955 1 For many years the Governments of the United Kingdom, the United States and France have sought to conclude an Austrian state treaty. They have made ceaseless efforts thus to bring about the restoration of Austrian freedom and independence at the earliest possible moment. At the Berlin conference in 1954 the three governments expressed their readiness to sign the draft state treaty with the Soviet texts of the previously unagreed articles. This would have resulted in the termination of the occupation and the withdrawal of all foreign troops within three months of the entry into force of the treaty. But the Soviet Government declined and insisted on putting forward new and unacceptable conditions which would have infringed Aus- trian sovereignty.? The three governments have followed closely the recent exchanges between the Austrian Government and the Soviet Government on matters relating to the state treaty. From these exchanges it ap- pears that the Soviet Government may now have certain clarifica- tions to offer regarding their policy toward Austria, in particular on the question of the independence and sovereignty of that country already provided for in the first five articles of the draft treaty. The three governments trust that the decision of the Austrian Govern- ment to accept the Soviet invitation to Moscow will result in useful clarifications. Questions relating to the conclusion of the state treaty are of con- cern to the governments of all four responsible powers, as well as to the Austrian Government. The Governments of the United Kingdom, United States and France accordingly consider that if the Soviet Government should offer proposals which hold clear promise of the restoration of freedom and independence to Austria, these could appropriately be discussed by the four Ambassadors in Vienna with the participation of the Austrian Government. It remains the earnest desire of the Governments of the United States, United Kingdom and France to conclude the state treaty as soon as possible in conformity with principles which would insure Austria's full freedom and independence. l 1 1 1 1 Department of State Bulletin, Apr. 18, 1955, pp. 647–648. 2 See Foreign Ministers Meeting: Berlin Discussions, January 25-February 18, 1954 (Department of State publication 5399; 1954), pp. 175–208 and 232-241 ; and supra, doc. 106. 0 ) 1885 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1 Department of State Bulletin, May 2, 1955, p. 733; similar notes were delivered * Department of State Bulletin, June 6, 1955, p. 932. the Treaty. country with 7 million people. But I do not believe that anybody realistically believes that the German people, 70-odd million of them, 112. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, APRIL 22, 1955 1 The Government of the United States, in consultation with the British and French Governments, has considered the Soviet Govern- ment's note of April 19 ? proposing a conference of the Ministers of Foreign Affairs of the U.K., the Soviet Union, the U.S. and France, with Austrian representatives participating, in order to discuss the question of concluding a State Treaty for the reestablishment of an independent democratic Austria and in order to sign that Treaty. The Government of the United States welcomes the Soviet Govern- ment's view that the possibility now exists of concluding the Austrian State Treaty. It would be pleased to participate at the earliest possible moment in a meeting of the Foreign Ministers of the four powers together with the representatives of Austria in order to sign From the information it has received regarding the exchanges between the Austrian and Soviet Ministers in Moscow it is clear that some preparatory work still remains to be done. Recalling the tripartite declaration of April 5, it suggests that the Ambassadors of the four powers in Vienna should meet at a very early date, with the participation of Austrian representatives, in order to examine the results of the exchanges in Moscow and to reach the necessary agreements for the early signature of the State Treaty by the Foreign Ministers . It would therefore propose that the Ambassadors together with Austrian representatives should meet in Vienna on May 2. As soon as the necessary preparations have been completed, the earliest practicable date should then be set for the Foreign Ministers to meet and sign the treaty. For the text of the Austrian State Treaty of May 15, 1955, see supra, 113. STATEMENT AT A PRESS CONFERENCE BY THE SECRE- TARY OF STATE, MAY 24, 1955 4 At his news conference on May 24, Secretary Dulles was asked about the policy of the United States with respect to neutrality, particularly as it would affect Germany. The Secretary replied: It is the view of the United States that a policy of neutrality has no application to a country of the character of Germany. It is all Well to talk about neutrality for a country such as Austria, a small : pp. 643-675.) by the British and French Embassies. Ibid., p. 734. 3 Supra. :-** 1886 AMERICAN FOREIGN POLICY, 1950–1955 are destined to play the role of a neutral country. Furthermore , a President Eisenhower has pointed out, the kind of neutrality which was discussed in terms of Austria is an armed neutrality, and there i no limit in the Austrian State Treaty i upon the size of the Austrian Army. I do not think that the German people or the Soviet people or the Western European people want to see applied to Germany the concept of it being an independent state with an unlimited army. 1. DISCUSSION OF THE PROBLEMS OF GERMANI AND EUROPEAN SECURITY AT THE GENEV CONFERENCE OF HEADS OF GOVERNMENT, JULY 18-23, 1955 114. NOTE FROM THE UNITED STATES, BRITISH, AND FRENCH GOVERNMENTS TO THE SOVIET GOVERNMENT, MAY 10, 1955 2 The Governments of France, the United Kingdom, and the United States believe that the time has now come for a new effort to resolve the great problems which confront us. We, therefore, invite the Soviet Government to join with us in an effort to remove sources el conflict between us. We recognize that the solution of these problems will take time and patience. They will not be solved at a single meeting nor in a hasty manner. Indeed, any effort to do so could set back real progres toward their settlement. Accordingly, we think it would be helpful to try a new procedure for dealing with these problems. In view of their complexity and importance, our suggestion is the these problems be approached in two stages. We think it would be fruitful to begin with a meeting of the Heads of Government, accom- panied by their Foreign Ministers, for an exchange of views. In the limited time for which the Heads of Government could meet, the would not undertake to agree upon substantive answers to the maja difficulties facing the world. Such a meeting could, however, provu a new impetus by establishing the basis for the detailed work whis will be required. For this purpose the Heads of Government could devote themselve to formulating the issues to be worked on and to agreeing on metho to be followed in exploring solutions. We further propose that th Foreign Ministers, to assist the Heads of Government in their tas should come together shortly in advance of the meeting of the Head of Government and at the same place. 1 Treaty of May 15, 1955; supra, pp. 643–675. 2 Department of State Bulletin, May 23, 1955, pp. 832-833; see also June 20, 1955, pp. 989 ff.; June 27, 1955, pp. 1030–1031; and July 4, 1955, 20-21. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1887 3 Ibid., pp. 35–43. 1955; Department of State Bulletin, Dec. 19, 1955, pp. 1011-1012, This first stage would lay the foundation for the second stage in which the problems would be examined in detail by such methods, organs, and participants as it appears will be most fruitful according to the nature of the issues. This work should be started as soon as practicable after the meeting of the Heads of Government. This procedure would facilitate the essential preparation and orderly negotiation most likely to bring about agreements by pro- gressive stages. The important thing is to begin the process promptly and to pursue it with patience and determination. We hope that this proposal will commend itself to the Soviet Union as a useful basis for progress toward better relations between us. If the Soviet Union agrees that an early meeting of Heads of Government to explore such a program would be useful, we suggest that our Foreign Ministers settle through diplomatic channels or otherwise upon a time and place for such a meeting. The forthcom- ing meeting of the Foreign Ministers at Vienna for the signing of the Austrian State Treaty i might provide an opportunity for preliminary discussion of this proposal. [For text of President Eisenhower's address of July 15, 1955, see infra, pp. 2005-2008.] 115. STATEMENT BY THE SECRETARY OF STATE, JULY 19, 1955 (Excerpts) 2 I would say with reference to the official text [of Premier Bulganin's statement of July 18, 1955 3] that it was delivered to the United States Delegation this morning. I had not received it when I started to speak. I have just received a copy of it since, and I am prepared in a very preliminary way to touch on the matters as to which Mr. Molotov indicates he would like to have the views of the United States Delegation. With respect to the policy of neutrality, the views of the United States have been made clear in connection with the proposed declara- tion of neutrality by the Austrian Government. There we indicated that we were prepared to respect the free action of that country in adopting for themselves a policy of neutrality. However, we doubt that a policy of so-called neutrality should be encouraged generally, because we believe in the principle of the United Nations Charter, which is that there is a duty, broadly speaking, upon nations--always subject to minor exceptions-but there is a duty upon nations to be prepared to take collective action for the preservation of peace and · Treaty of May 15, 1955; supra, pp. 643–675. The Geneva Conference of Heads of Government, July 18-23, 1955 (Department of State publication 6046; 1955), pp. 69–70. This declaration was later made in the Austrian Government's note of Nov. 14, 1888 AMERICAN FOREIGN POLICY, 1950–1955 1 Mr. Edgar Faure, French Premier; The Geneva Conference of Heads of Gore the prevention and removal of threats to the peace. We particularly consider that neutrality is a quite unrealistic policy for, for example, country of the large population and geographical location of Germany, That was expressed very forcibly yesterday by M. Faure, and this United States entirely agrees with that. I recall that the United States tried neutrality in 1914 and in 1939 and we found that it wa a dangerous policy, not only for ourselves but for our friends; and recall that when the United Nations was originally founded the were excluded from the founding countries all nations which hai pursued a policy of neutrality in the Second World War. 116. STATEMENT BY THE PRESIDENT, JULY 19, 1955 (Excerpt) 2 Now I would address myself, then, as others, to this Germe problem. I do not wish to go over the same ground that others have but I would like to talk a little bit about NATO as it was conceived as it has been organized, and as it has been administered, possibly little bit from the political sense, but also from the military. I wou particularly like my friend, Marshal Zhukov, to listen carefully i what I have now to say. I have known him for a long time and knows that, speaking as soldier to soldier, I have never uttered] I single word that I did not believe to be the truth. In December of 1950, or January 1951, I returned to Europe ( the head of SHAPE, the forces that the NATO countries had broug together into a single headquarters in Paris. I assure you that accepted that job—because I had been retired-I accepted that because I believed it to be a true agency for peace. Personally have had enough of war and I would not have accepted that comme had I conceived it to be an organization getting ready really to i One of the great problems then facing the Western world was many. Germany, if allowed to become a military vacuum, if allow to become again a fertile ground for the propagation of a Hitler , t be of the gravest danger. Now, admittedly, we were not at tu moment thinking of danger to the Soviet Union: we were thinking . danger to Western Europe. Let us not forget that our Allied friend within a matter of 85 yeni has three times been locked in mortal combat with Germany, T always as a result of German aggression. Let us draw Germany into such a position that she would not be a prey to a Hitler, a dissatisfied, unhappy nation suffering from inferiority complex, but one which could play a respectable part own defense, but which could not gain the power to attack. ment, pp. 22–31. 8 Ibid., pp. 45–47. 1 € ( 8 fort € a war. 8 coule ( t C II 1 Cinnan GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1889 a 1954; supra, pp. 812–815, 853-854, and 871-873. Now, speaking politically for just a moment, all the world knows the main activities of every Western nation. There is free access to our great centers of activity by all the press of the world. There is news published about every main army camp, every great facility that we have, and this news goes all over the world. The scale of our military operations in our country is well known to everybody. Now, within our country it is impossible for the Government, the Executive Government, to declare war. It can be done only by the Congress of the United States by free debate and vote. The only exception to this is when we ourselves are attacked with a full-scale military attack, as at Pearl Harbor, and then the reaction is merely that of self-defense. Now, the treaties that bind the NATO nations together provide against aggression by any one of these nations, either among them- selves or against anyone else. The treaty is purely defensive, and if any one of these nations attempts to act aggressively against any other, it is immediately moved against by all the remaining nations of NATO. Militarily Germany, like all other nations in Western Europe, has certain limits set upon its forces, and, I must point out, these limits are maximum limits as well as minimum limits. In no case are any parts of the forces allowed to Germany complete or whole within them- selves . They are all intertwined with the forces of the other Western nations, making it impossible for them to conduct any effective military operation of any kind by themselves. My French colleagues can speak far better than can I about the preoccupations of the French Parliament concerning all of the meas- ures and all of the agreements under the treaty that would prevent Germany from ever getting into a position where it would be strong enough again to attack France. Now, besides all of these treaty provisions for making the breaking of the peace by any nation impossible, I want to make one observation about the United States. The United States is a fairly important member of NATO, and I can assure you that under no circumstances is the United States ever going to be a party to aggressive war- against any nation. We believe in negotiation and friendly con- ference , and the only way that we will ever go to war is when we are attacked, as in our vital interests, in such a way that war would be the only alternative and then it would have to be an alternative so desperate that only war could eventuate. Perhaps I have talked overly long about my point, but my point is this . If there is any tendency to delay urgent consideration of the problem of German reunification because of the unhappiness or fear of the united Germany in NATO, then so far as it is possible for the United States to give the assurance of its pledged word, I say here and now: There is no need to fear that situation. Treaty of Apr. 4, 1949, as amended by protocols of Oct. 17, 1951, and Oct. 23, 415900_57-Vol. 216 : 1890 AMERICAN FOREIGN POLICY, 1950-1955 117. STATEMENT BY THE SECRETARY OF STATE, JULY 20,1955 1 Mr. Chairman, the United States Delegation is quite prepared to deal with the topic of European security, although in our opinion the topic of European security is inseparably connected with the problem of the unification of Germany. There is perhaps a difference which has been developed between the basic viewpoint of the Soviet Union and that of the three Western nations in that, I think, the thre Western Powers here feel that the prolonged division of German is in itself a threat to European security, whereas, I gather, the Soviet Delegation feels that the division of Germany can be almost indefinitely prolonged without endangering European security , provided certain supplementary measures are taken of a kind which they suggest. I think, at least from the standpoint of the United States Dele gation, that we would feel that any discussion of European security would have to start out with an assertion that in our opinion Europa will not be very secure so long as a great nation like Germany i divided and, as far as we can judge, passionately seeks unification I am quite prepared to accept the apparent sincerity of the Sovi conviction that the unification of Germany would not bring it in creased security but would bring it insecurity. I would like to her the Soviet Delegation believe that we are equally sincere when we assert that we would only want to see German unification occur unde conditions which would in fact bring about increased security for al I feel that there are two very sincere positions which now seem keep us apart, which could be perhaps drawn together if we come see somewhat more clearly the basis for the Soviet feeling that the unification of Germany would endanger it. If, for example, the Soviet Union feared that a unified Germany would mean advancin toward the east bases and military positions which endangered that is a specific fear which we could understand, even though we di not agree with it. It is a specific fear with which we could try to des in a practical way. If the Soviet Union felt that a unified Germany would have a military potential which would lead it to enlarge military establishment beyond what was reasonable or what would the case otherwise, that again is a specific fear which, if it concert i the Soviet Union, we could grapple with in a practical way. Let me conclude, Mr. Chairman, by just saying this: We do in that the prolonged division of a great nation like the German natin must itself be a cause of insecurity. We believe that that cause i insecurity can be eliminated without increasing the insecurity others. We are very eager to see whether there cannot be found common ground between us in that respect, because, I repeat," wish in every sincerity to make clear to the Soviet Union that we not want, by eliminating one cause of insecurity, to create a 164 1 The Geneva Conference of Heads of Government, July 18-23, 1955 (Departme of State publication 6046; 1955), pp. 70–71. 1 1 C 8 8 0 it 1 D S 0 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1891 2 Statement by Premier Bulganin, July 18, 1955; ibid., pp. 35–43. cause of insecurity. We believe that the two possibilities of inse- curity can be dealt with at the same time, if we could understand more clearly what the basis is of the apprehension of the Soviet Union. 118. STATEMENT BY THE SECRETARY OF STATE, JULY 20, 1955 1 It would not, I think, be quite accurate to say, as I understood Mr. Molotov to indicate, that there has not yet been any serious discussion of the proposals put forward by the Head of his Delegation in his important opening statement of Monday. Certainly I myself felt that the observations which were made yesterday by President Eisenhower 3 constituted a very eloquent and clear comment upon one of the central proposals which had been made by Marshal Bul- ganin in his exposition of European security. Marshal Bulganin's statement indicated that it was the Soviet view that security would be increased if we could bring about a withdrawal of foreign troops from the territories of European states and re-establish in this respect a situation which existed prior to the Second World War. President Eisenhower, speaking with the authority which comes not merely from being at present the Constitutional Commander in Chief of the United States forces but with the added authority which comes from his leadership of the Western portion of the coalition which won the Second World War and the first Commander of NATO in Europe, speaking in all three of those capacities, he expressed the very solemn and considered conclusion that the security of all of us very greatly enhanced as there is an integration of forces of different nationalities into a single whole, which cannot effectively operate offensively without a unanimous conjunction of the wills of inde- pendent states, which in fact would be unobtainable. He indicated that the presence in the Federal Republic of Germany of troops of the forces of the United Kingdom, of France, of Canada, and of the United States integrated into any prospective future forces of the Federal Republic of Germany would, in his opinion, constitute a great security for us all, and that it would not advance the security any of us to revert to the situation in that respect which existed immediately prior to the Second World War. Indeed, it seems to me that the four of us here, who suffered so terribly from the Second World War and the three other Govern- ments here suffered more greatly than did the United States--that we ought to view with a good deal of hesitation trying to find future security in reproducing the conditions which existed immediately prior to the Second World War and out of which the Second World The Geneva Conference of Heads of Government, July 18-23, 1955 (Department of State publication 6046; 1955), pp. 71-73. of War came. ! 8 Supra, doc. 116. 1892 AMERICAN FOREIGN POLICY, 1950–1955 other We believe that the integration of forces which can be possibl . under NATO, if properly conducted, can indeed greatly inure to the security of all of us, and that the liquidation of NATO as conten plated by the statement of Marshal Bulganin would not in is promote security. And I would like to add a word about the Brussels Treaty,' whis also would be liquidated under the Soviet proposal. The United States, like the Soviet Union, is not a party to the Brussels Treaty but we believe that the integration of many of the activities of the member countries, which is one of the purposes of that treaty, is result which is extremely valuable for the United States and also the Soviet Union, although neither of us are parties to that treaty a although, naturally, I would not set myself up in any way as a juda of the security of the Soviet Union. But I do make the analogy of os own feeling that it is a tremendous insurance against the type division and separation of Western European countries, and notab of Germany and France, out of which have grown the aggressions which President Eisenhower referred yesterday, and which has bez the cause of many wars, the last two of which have been world war involving not only the immediate parties but all of us and many besides. I realize, of course, that organizations like the North Atlan: Treaty Organization and the Brussels Treaty, like all good thing could theoretically at least be perverted to evil ends, although I think that the inherent nature of these arrangements is such as to me that highly unlikely. I also recognize that no great power is hap to have its security, or at least its peace, in part dependent upons rangements with which it has no privity. These are all aspects of er problem which can be, and I think should be, considered between us t the spirit which happily prevails here and which I hope will be carne forward. f Furthermore, there are certain aspects of the proposals of the He of the Soviet Delegation which, it seems to me, we could usefully stor For example, it is suggested that certain of the European states shou assume mutual commitments not to use armed force against one a other. It is further suggested that they could assume an obligating to hold mutual consultations in case any differences or disputes an among them which might constitute a threat to the maintenance peace in Europe. Certainly such suggestions, together with those to have been put forward in the last statement made by Mr. Macmillan those are the kinds of things I think we could usefully study asi try to evolve a system of European security which, on the one ha will end the insecurity inherent in the continued division of Germi and, on the other hand, permit that insecurity to be removed within creating new insecurities for any of us. 1 Treaty of Mar. 17, 1948, as amended by the protocols of Oct. 23, 1954; tip pp. 968-989. 2 Not printed. Я 7 1 D C V 0 0 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1893 119. STATEMENT BY THE PRESIDENT, JULY 20, 1955 1 D. tel SI QUE to OH Mr. Chairman and gentlemen of the Conference, as I listened to my colleague, Premier Bulganin, it seemed to me that the principal point of difference between the thinking of the Soviet Delegation and the thinking of the United States Delegation is the urgency with which we view the need for a reunified Germany. The Soviet Delegation seems to believe that the organization of some new and over-all pact, deferring for the moment any thought of re- unifying Germany, would contribute to security. We believe that the division of Germany of itself contributes to the insecurity of Europe, and that seems to us to be the principal point of difference between what he has just said to the Conference and what we believe. Now I certainly would be the last to minimize the importance of the over-all security of all Europe to the security of the world. Of course we agree to that, and I apologize for seeming to return to a question, the reunification of Germany, which we discussed at such length yesterday. But in our view these two matters are inseparable, and, therefore , I cannot help bringing them back. So I feel—this is my conviction--that to start this so-called security pact with this Con- ference, making no move toward starting the machinery or means for the reunifying of Germany, would appear to confirm instead of deploring that division, and, consequently, as we attack the broader question, which is of over-all security, it seems to me that we must, from our viewpoint, attack the problem of how do we get Germany Now, whether it will take one step or two steps or three steps, I my Soviet colleagues have studied it in greater detail than I, but I am sure that it would be a great mistake for us not to set up the machinery that proves once and for all that we confirm the necessity for so doing, and giving to some competent group or body the job of working out what needs to be done in order to bring this about. And I believe that until we do devise some such machinery we cannot by mere words, or saying we believe in the eventual reunification of Germany—I do not believe we can satisfy the situation that from our viewpoint confronts us, this Conference, and the world. I think that is all I want to say at the moment because, I repeat, no one could applaud more than does the American Delegation the earnest protestations of the Soviet Delegation that we seek peace through giv- ing peace to all and not just to a part of this great world. The Geneva Conference of Heads of Government, July 18-23, 1955 (Department of State publication 6046; 1955), pp. 51–52. back together. al OR admit 10 * Remarks not printed. دلم تتمعنستصمد فيضانت فمنهم محمد مصطنعمممملنمنمنمندها وعند 1894 AMERICAN FOREIGN POLICY, 1950–1955 1 t e husu i The Geneva Conference of Heads of Government, July 18-23, 1955 (Department 120. STATEMENT BY THE PRESIDENT, JULY 20, 1955 Mr. Chairman and gentlemen, I have only a brief observation to make (with respect to comments made, in turn, by Premier Faure Prime Minister Eden, and Premier Bulganin concerning the Sovi ( proposal on European security ?). These ideas, of course , han b tremendous interest for all of us, and naturally each of us is going to study carefully the draft that the Soviet Delegation has submitte. But I should like to say, for my part, I have talked individually , I think, to each member of the Delegation of the Soviet Republic , F which now we find differing from the other three of us on a particula point in a suggestion. And I want to make clear I believe they are earnestly desirous of finding peace, as are we. The problem becomes how to find a bridge between these differing viewpoints. Now, we have taken up matters that manifestly we cannot hande in detail in this Conference. It's impossible, because we are inviting , th presumably, a number of other countries into a pact, and they wil have to be dealt with. I noted that in Premier Bulganin's speech of the 15th of July! which I read with great interest, he pointed out that this Conferenc could be only a beginning. But if we could here establish a real spirit of conciliation and an effort to get along together, our Foreign Min- isters and other agencies that could be set up through them, or by them or by us, might solve some of these problems and build the kind of bridge of which I speak I believe we have come to the point with this subject where we should ask our Foreign Ministers, can they suggest the kind of m3 chinery that we would like to set up, or when they would like to under take a more detailed conference on these subjects of the unification of Germany and the community security of Europe the two subject now so far on our agenda-how would they like to approach it? And possibly they could present it to us in such a way that we, the Headlip of Government, could give them a directive. I am sure that all of us will agree to the importance of one thing We must not leave this Conference without showing a determined a honest effort of all of us to approach peace in some way. Now, I submit again that we have gotten into details now that w U couldn't possibly settle here. And therefore we must find some bodi, some machinery, that can handle this in better fashion. ti P. IE 1 of State publication 6046; 1955), pp. 52–53. 2 Proposal of July 20, 1955; ibid., pp. 48-51. 8 New York Times, July 16, 1955. IS Oj نننننن . GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1895 ? Ibid., pp. 35–43. 3 Ibid., pp. 74–75. to to + net TA IN 100 of State publication 6046; 1955), p. 74. 121. STATEMENT BY THE SECRETARY OF STATE, JULY 21, 1955 (Excerpt) 1 the Delegations of France, the United Kingdom, and the United States have tried, in the spirit which happily animates this Conference, to fairly reflect the points of view which have heretofore been expressed by the four Delegations. The concept that Germany should be reunified in conformity with the national interests of the German people and the security of Europe is , I think, almost in the precise words which were used by Marshal Bulganin in his opening statement.2 And the concept that security for Europe should be sought by effective means which will further the legitimate interests of all, in- cluding the inherent right of individual and collective self-defense- that , again, is an effort to reflect the point of view which Marshal Bulganin expressed in this matter. The particular suggestions made as to what the representatives of the Four Powers should take into consideration, . . . also is de- signed to include a reference to some of the major suggestions which have been made here by the Heads of Government, notably by Marshal Bulganin, Prime Minister Eden, and Premier Faure. We naturally, however, indicate that there may be other possibilities, so as not to mi limit unduly the resourcefulness and inventiveness of the Foreign Ministers for the future, and their advisers. 122. STATEMENT BY THE SECRETARY OF STATE, JULY 21, 1955 3 Mr. President, I think we all appreciate the approach which has been reflected by the remarks which have been made around this table and which, I think, indicate a genuine desire to reach an agreement on this dis proposed) directive [to the Foreign Ministers] 4 and, as Mr. Molotov has said, not to make this topic a matter of propaganda discussion among us. I will try to maintain that spirit in making merely one or two further remarks. There is undoubtedly a difference between us in that the Soviet Union, as I understand, would make the primary task the establish- ment of a new European security system and would treat the unifica- tion of Germany as a secondary problem which could be resolved perhaps as a by-product of the first." I think I can say that the view of the three Western Powers represented here is that the primary problem is a problem of the unification of Germany, and that there is really no need for a new European security pact, having regard The Geneva Conference of Heads of Government, July 18-23, 1955 (Department በ br rol 8 OD DO Sot 190 * For the final text of the directive (July 23, 1955), see infra. 1896 AMERICAN FOREIGN POLICY, 1950–1955 : E 6 The Geneva Conference of Heads of Government, July 18-23, 1955 (Departo of State publication 6046; 1955), pp. 67-68. The portions of this Directive when to the entirely defensive character of the North Atlantic Treaty, the Brussels Treaty, all of which fall within the overriding framework of the United Nations Charter. It already reflects a very genuine effort at conciliation on the part of France, the United Kingdom, and the United States. We are willing to put these two problems in essence on a parily . I hope very much that the Soviet Union will feel able to meet us in that respect and not insist upon a subordination of the problem of German unification. If I understood correctly the interpretation of an earlier remari of Mr. Molotov,' he said in substance that he feared that if we ad dressed ourselves to the task of German unification that would imply an indefinite postponement of European security. It could equally be said if we address ourselves to the task of European security that would involve an indefinite postponement of the unification d Germany I do not think that any of us should strive to bring about eithe result, that is, neither of us should try to bring about any indefinite postponement, either of European security or of German unification As President Eisenhower said yesterday, and I quote from our f transcript of his remarks: “in our view these two matters are in separable”.? I hope, therefore, that we can find a directive which will reflect the view that the two problems must be considered concur- rently, that neither can be indefinitely postponed in favor of the other I am encouraged by what Mr. Molotoy has said to hope that the fa Soviet Delegation would find acceptable that approach which we her sought to embody in the draft directive which I have had the home pe to present on behalf of the Delegations of France, the United King dom, and the United States. I will just add this one further want that I am very happy that as a matter of first impression, at least Mr. Molotov indicates that important portions of this Three-Pora proposed directives are acceptable, J. 123. DIRECTIVE OF THE HEADS OF GOVERNMENT OF TH FOUR POWERS TO THE FOREIGN MINISTERS, JULY 23, 1955 (Excerpt)5 12 The Heads of Government of France, the United Kingdom U.S.S.R. and the U.S.A., guided by the desire to contribute to relaxation of international tension and to the consolidation of cu fidence between states, instruct their Foreign Ministers to contini the consideration of the following questions with regard to which exchange of views has taken place at the Geneva Conference, and 1 Not printed. 2 Supra, doc. 119. 3 Text not printed. 4 Ellipsis in original. CE 4 bil ра Mi East and West are printed infra, pp. 2015-2016 2 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1897 Minister submitted this proposal on Oct. 27 on behalf of the three delegations. Discussion began on Oct. 28, when the proposal was read to the Conference by won the British Foreign Secretary. 7 propose effective means for their solution, taking account of the close link between the reunification of Germany and the problems of European security, and the fact that the successful settlement of each of these problems would serve the interests of consolidating peace. 1. European Security and Germany. For the purpose of establishing d European security with due regard to the legitimate interests of all nations and their inherent right to individual and collective self- defense, the Ministers are instructed to consider various proposals to this end, including the following: A security pact for Europe or for a part of Europe, including provisions for the assumption by member nations of an obligation not to resort to force and to deny assistance to an aggressor; limitation, control, and inspection in regard to armed forces and armaments; establishment between East and West of a zone in which the disposition of armed forces will be subject to mutual me agreement; and also to consider other possible proposals pertaining to the solution of this problem. The Heads of Government, recognizing their common responsibility DW for the settlement of the German question and the re-unification of Germany, have agreed that the settlement of the German question and the re-unification of Germany by means of free elections shall be carried out in conformity with the national interests of the German me people and the interests of European security. The Foreign Min- thek isters will make whatever arrangements they may consider desirable for the participation of, or for consultation with, other interested 01. -87 parties. 2001 ing Od cast 19701 J. DISCUSSION OF THE PROBLEMS OF GERMANY AND EUROPEAN SECURITY AT THE GENEVA MEETING OF FOREIGN MINISTERS, OCTOBER 27-NOVEMBER 16, 1955 14. PROPOSAL BY THE AMERICAN, BRITISH, AND FRENCH DELEGATIONS, OCTOBER 27, 1955 1 BE Reunification of Germany and Security 64 all At the Geneva Conference, the Heads of Government recognised, their Directive to the Foreign Ministers, the common responsi- bility of the Four Powers for the reunification of Germany by means of The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 (De- partment of State publication 6156; 1955), pp. 27-33. The French Foreign % Supra. قغ عدت تتصدرخانمهننننننننننهل 1898 AMERICAN FOREIGN POLICY, 1950-1955 WILI on individual action which the NATO system imposes on its members. Whention They accordingly rould be refrain from the use of force and to withhold aid from an aggressor; sme of de 1 Proposal of Jan. 29, 1954; Foreign Ministers Meeting: Berlin Discussions, free elections in conformity with the national interests of the German te ob] nto foi people and the interests of European security. France, the United Kingdom and the United States of America mold have striven unceasingly for the reunification of Germany in freedom the in order to promote real stability in Europe. Last year they put for-sale. A ward, in the Eden Plan, proposals which offer the German nation theater means to recover its unity in accordance with the rights of peoples Trani and liberty of the individual.' They renew these proposals in the cominc both paper attached hereto. Free elections leading to the formation of a single Government for sacific the whole of Germany are the right way of ensuring full participation use of the German people in the solution of the German problem, which in the Soviet Government says it also desires. If agreement in principle qocal is reached during the present Conference, it should be possible to settle 4. S without delay questions concerning the electoral law and the supervi- meld se sion of the elections, which could take place as early as 1956. Without German unity, any system of European security would be an illusion. The division of Germany can only perpetuate friction and insecurity as well as grave injustice. France, the United Kingdom and the United States of America are not prepared to enter into & The te system of European security which, as in the Soviet proposals put met on forward at Geneva, does not end the division of Germany At the Geneva Conference the Soviet Government expressed concern about the policy and associations of a reunified German Government. 1-Rex The Soviet Union appears to fear that a unified Germany, established by free elections and free to choose its associates in collective defence , would constitute a threat to the security of the Soviet Union and Eastern Europe. The fact is that the North Atlantic Treaty Organ- isation and the Western European Union are strictly defensive organ- isations. Far from constituting a threat to peace, they contribute to the security not only of their members but of all states. This is evident from the various limitations and restrictions which the members of Rock po the Western European Union have assumed and from the restraint bey & If a reunified Germany elects to associate itself with these organisaj apary tions, the inherent obligations of restraint and control would enhance rather than detract from Soviet security. Nevertheless, to remove any possible grounds for Soviet refusal to reunify Germany promptly, France, the United Kingdom and the United States of America are prepared to take further steps to meet propose the conclusion of a treaty in the terms set forth below, currently with the conclusion of an agreement to reunify Germany under the Eden Plan. This treaty would comprise undertakings to provisions for the limitation and control of forces and armaments, and Fer the Bach internati from the d the U COD- Armamen Semence o dispositivo -lay pp. 223-225. 2 Proposal of July 20, 1955; The Geneva Conference of Heads of Government, July 18-23, 1955, pp. 48–51. The ON pa GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1899 the obligation to react against aggression. The treaty would enter into force only in conjunction with the reunification of Germany. It would be carried out by stages. Its signature would be concurrent with the signature of the agreement on the Eden Plan. The final stage would become effective when a reunified Germany decides to enter NATO and the Western European Union. France, the United Kingdom and the United States of America are convinced that these proposals could lead to an agreement satisfactory to both sides. If the Soviet Union's concern over immediate German reunification is primarily security, these proposals should constitute an acceptable basis for negotiation since they provide a system of con- trols in which the Soviet Union would directly participate, and re- ciprocal assurances from which the Soviet Union would directly ben- efit. Such a settlement, by creating confidence in an area vital for world security, would facilitate the solution of even wider problems. OUTLINE OF TERMS OF TREATY OF ASSURANCE ON THE REUNIFICATION OF GERMANY The treaty, which would be concluded concurrently with an agree- ment on the reunification of Germany under the Eden Plan, would cover the following subjects: 1.-Renunciation of the Use of Force- Each party would undertake to settle, by peaceful means, any international dispute in which it might be involved, and to refrain from the use of force in any manner inconsistent with the purposes of the United Nations. 2.-Withholding Support from aggressors Each party would agree to withhold assistance, military or economic, to any aggressor, and any party could bring the aggression to the attention of the United Nations, and seek such measures as are necessary to maintain or to restore international peace and security. 3.-Limitation of Forces and Armaments- In a zone comprising areas of comparable size and depth and importance on both sides of the line of demarcation between a reunified Germany and the Eastern European countries, levels for armed forces would be specified so as to establish a military balance which would contribute to European security and help to relieve the burden of armaments. There would be appropriate provisions for the main- tenance of this balance. In parts of the zone which lie closest to the line of demarcation, there might be special measures relating to the disposition of military forces and installations. 4.-Inspection and Control The parties would provide information on an agreed progressive basis on their armed forces in the zone. There would be agreement on : 1900 AMERICAN FOREIGN POLICY, 1950–1955 German reunification and the conclusion of a freely negotiated progressive procedures of mutual inspection to verify such data and to warn against any preparation for surprise attack. 5.-Special Warning System In order to provide added depth to the surveillance system on both sides and thus give further protection against surprise attack, provi- sion could be made to establish: a) in the western part of the zone mentioned in paragraph 3, & radar warning system operated by the Soviet Union and the other eastern members of the treaty, and b) a like system in the eastern part of that zone operated by the NATO members of the treaty. 6.-Consultation - There would be suitable provision for consultation among the parties to implement the treaty. 7.-Individual and Collective Self-Defence- It would be provided that nothing in the treaty would impair or conflict with the right of individual and collective self-defence recog. nised by the United Nations Charter and Treaties under it. No party would continue to station forces in the territory of any other party without the latter's consent, and upon request of the party concerned any party would withdraw its forces within a stated period , unless these forces are present in the territory concerned under col- lective defence arrangements. 8.--Obligation to react against aggression- Each party would agree that armed attack in Europe by any party, which is also a NATO member, against any party which is not a NATO member, or vice-versa, would endanger the peace and security which is the object of this treaty, and that all the parties would then take appropriate action to meet that common danger. 9.-Entry into force by stages The provisions would come into effect progressively at stages to be agreed. THE EDEN PLAN PLAN FOR GERMAN REUNIFICATION IN FREEDOM Method of Reunification Peace Treaty with a united Germany should be achieved following stages: I-Free Elections throughout Germany 1901 GERMANY, AUSTRIA, AND EUROPEAN SECURITY Freedom of expression for all Security of polling stations and ballot boxes. throughout the whole of Germany. There should be a central body with subordinate bodies at Land and local levels. All votes should be II-The convocation of a National Assembly resulting from these elections III-The drafting of a Constitution and the preparation of Peace Treaty negotiations IV-The adoption of the Constitution and the formation of an all- German Government responsible for the negotiation and con- clusion of the Peace Treaty V-The signature and entry into force of the Peace Treaty I-FREE ELECTIONS THROUGHOUT GERMANY Free and secret elections should be held throughout Germany including Berlin at the earliest possible date. These elections must be held in conditions of genuine freedom. Safeguards must be agreed to assure this freedom before, after and during the elections. The elections must also be supervised in such a manner as to make sure that these safeguards are observed and that the elections are properly conducted. (1) Preparation for the Elections (a) The Electoral Law The Electoral Law should be prepared by France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, in consultation with German experts , taking into consideration the electoral laws already drafted for this purpose by the Bundestag of the Federal Republic and the Soviet Zone Volkskammer. When approved by the Four Powers, it should be published throughout Germany. Elections should take place as soon as possible thereafter. (b) Guarantees for Free Elections The draft electoral law must contain provisions which will guar- antee the genuine freedom of the elections. These include, amongst Freedom of movement throughout Germany Freedom of presentation of candidates Immunity of candidates Freedom from arbitrary arrest or victimisation Freedom of association and political meetings Freedom of the press, radio and television and free circulation of newspapers, periodicals, etc. Secrecy of the Vote (C) Supervision of the Elections Supervision should be carried out by a Supervisory Commission others: 1902 AMERICAN FOREIGN POLICY, 1950–1955 IT US G NG红​动 ​re counted and verified at local headquarters in the presence of the Supervisory Commission. (i) Cor position of Supervisory Commission--The Commissie should be composed of representatives of the Four Power with or without the participation of neutrals, assisted by Germans in a consultative capacity. (i) Organisation of the Commission --The Commission shore work on a Committee basis. Its decisions should be taken by A majority vote. th (iii) Functions and Powers of the Commission-The principal task of the Commission will be to ensure that the elections take place in genuine freedom and in strict conformity with the tr provisions of the Electoral Law. sh (2) Method for completing the above Preparations The Foreign Ministers must in the first place agree on the principles ar contained in this Plan. They will then give instructions accordingly, ne to a Working Group, consisting of the principal representatives i ar Germany of the Four Powers, or members of their staffs, which wil U work out the necessary details and submit a report. This report should include, in particular: -- G (1) the draft of the all-German Electoral Law; of 2) detailed recommendations regarding the supervision of the B elections. The Working Group should begin work not later than two weeks A after the Foreign Ministers have agreed on the principles contained in w this Plan. It should submit its report to the Four Governments not m later than one month after beginning its work. II. THE NATIONAL ASSEMBLY The all-German elections will establish an all-German National Assembly. During the period between the end of the elections and the full assumption of control by the all-German Government, it will be de sirable for part of the Supervisory machinery to remain in operation , in order to prevent action after the elections which would impair the conditions of genuine freedom under which they will have been held, as provided in Section I (1) (b) above. Recommendations on this subject should be included in the report of the Working Group. III. DRAFTING OF A CONSTITUTION AND PREPARATIONS OF PEACE TREATY NEGOTIATIONS The National Assembly will begin drafting a Constitution as soon as possible after its first meeting. Meanwhile, it may form a pro visional all-German Authority charged with assisting the Assembly in drafting the Constitution and with preparing the nucleus of the future all-German executive organs. The Authority may also open with the Four Powers preliminary negotiations for the Peace Treaty . SE S. 1 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1903 SSION TEN (Department of State publication 6156; 1955), pp. 48-52. I the IV. ADOPTION OF THE CONSTITUTION AND FORMATION OF AN ALL- GERMAN GOVERNMENT RESPONSIBLE FOR THE NEGOTIATION AND CONCLUSION OF THE PEACE TREATY The draft of the Constitution will be submitted to the Assembly as soon as possible. Immediately after it has been adopted an all- German Government will be formed. This Government will then be oul responsible for the negotiation and conclusion of the Peace Treaty. ne bi At the same time, such other institutions as may be provided for in the Constitution shall be established. As soon as the all-German Government has been formed, the task take National Assembly will determine how the powers of the Federal Government and the German authorities in the Soviet Zone shall be transferred to the all-German Government, and how the two former shall be brought to an end. The all-German Government shall have authority to assume or reject the international rights and obligations of the Federal Republic and the Soviet Zone of Germany and to conclude such other inter- national agreements as it may wish. The Four Powers will support any application of the all-German Government to accede to the United Nations Organization. Each of the Four Powers will exercise with respect to the National Assembly, the Provisional All-German Authority and the all-German Government, only those of its rights which relate to the stationing the of armed forces in Germany and the protection of their security, Berlin, the reunification of Germany and a Peace Treaty. Decisions of the National Assembly, the Provisional all-German eks Authority and the all-German Government in carrying out this Plan will not require the approval of the Four Powers. Such decisions ot may not be disapproved except by a majority vote of the Four Powers. V. SIGNATURE AND ENTRY INTO FORCE OF THE PEACE TREATY The signatories to the Treaty should include all States, or the successors thereof, which were at war with Germany. The Treaty should enter into force when ratified by the Four Powers and by 125. STATEMENT BY THE SECRETARY OF STATE, OCTOBER 28, 1955 2 Mr. Chairman, I would like first of all to confirm the sponsorship of the United States of the document and proposals which were read by you. These joint proposals—the proposal for assurances of security, The provisions of this Plan are subject to any provisions of a security agree- ment concluded in connection with the reunification of Germany. [Footnote in De The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 * The Rt. Hon. Harold Macinillan, British Foreign Secretary. * Proposals of Oct. 27, 1955; supra. Germany. P I, 18 18 } B the original.] 1904 AMERICAN FOREIGN POLICY, 1950-1955 YO WT 1 me Mr. Molotov has said, and said with some reason, that security | sid I think he put the question: How do we get security? Well, I think that the way to get security is to try to end some of the injustices which coupled with the Eden Plan for the reunification of Germany—are pr shared by the United States, together with the United Kingdom, and France. JUE I merely wish, first of all, to confirm that fact, and to say that we associate ourselves, Mr. Chairman, with what you have said in exposi' nis tion of these joint proposals. ati I would like now to address myself to some of the observations to that were made by Mr. Molotov,' and, in the first instance, to the of condemnation of what Mr. Molotov called "military blocs" but which are in reality collective security associations. I realize that there is a difference of opinion between our govern- ments with reference to these matters, and probably it will not be da possible to resolve all those differences at this time, but I could not on pass without comment the condemnation of these collective defens: pe organizations. Why, indeed, should it be that nations should not join together to pr help each other against what they consider to be a common danger, or ing in pursuance of what they consider to be a sense of common destiny . Pi Individuals do that. It is considered the appropriate way to get security. And the Charter of the United Nations, to which we have fer all subscribed, defines that as an inherent right of nations. Wi Why should it be that something which we have all agreed is an inherent right of nations--that is, the right not only of an individual, but the right of collective self-defense-why is it that that now comes ba in for such bitter condemnation, when it is something which, I say, the we have all agreed is an inherent right. It is suggested that these collective defense associations are a cause rien of increased military expenditures, and in support of that these figures per are given showing that in the case of some of our countries our mili- tary budgets went up very sharply between the year 1948 and the year 1954. But it should not be forgotten that some things happened ou during that period other than the formation of collective security ass0- the ciations. There were the events which took place in Czechoslovakia , all there was the blockade of Berlin; there was the attack upon the Re public of Korea. Anyone who examines history realistically must set that it was such events as these that led to the increase of military res budgets, and not the creation of collective security associations. Indeed, I think it is demonstrable that the military budgets of each of the Western Powers would have gone up much more than they did were it not for the fact that because of collective security will we thought that we could help each other out and, therefore, did not wen need, in each individual nation, as large a military budget as would have been felt necessary had we stood alone. pacts of themselves do not necessarily provide adequate security and ges tak tio ISI We SOT arr tw sharply ling COL 1 Ger 1 See Mr. Macmillan's statement of Oct. 28, 1955; The Geneva Meeting Foreign Ministers, pp. 33–37. 2 Statement of Oct. 28, 1955; ibid., pp. 38-44. 2 1905 GERMANY, AUSTRIA, AND EUROPEAN SECURITY lime of a treaty which has been submitted by the three Western Powers. were instructed to consider are realistically incorporated in the out- sider the proposal contains under the paragraph numbered 8 a sug- takings of the utmost gravity and which for the United States would gested agreement to react against aggression which involves under- constitute an extremely serious and far-reaching commitment having The title of this portion of the directive reads, "European Security and Germany''; see supra, doc. 123. prevail in the world and which sometimes drive people into acts of violence which otherwise they would not commit. One of those in- justices, and one the responsibility for which we here are charged with , is the continued division of Germany. Because it was recog- nized that that was a dangerous situation, a wrong situation, a situ- ation which created insecurity, we were charged here to deal with the two problems inseparably or closely linked; that is, the problem of reunification of Germany and European Security. It is stated in that order in the directive." . And it is further said in the directive that the successful settle- ment of each of these problems would serve the interests of consoli- dating peace; in other words, that the reunification of Germany is one of the problems, a settlement of which will serve to consolidate peace. . We have come here with proposals to deal with each of these two problems, the solution of which would serve the interests of consolidat- ing peace. We have put on the table yesterday, through President Pinay , the proposal for the unification of Germany, which reflects in essence the Eden Plan which was put forward at our Berlin Con- ference , and the new proposals to give security assurance in connection with the reunification of Germany. The Eden Plan is, as I say, one with which we are all familiar; and it is reintroduced now, substantially in its initial form, because it is based upon principles' which are basic and sound and which reflect the directive that we should seek a "settlement of the German ques- tion and the reunification of Germany by means of free elections car- ried out in conformity with the national interests of the German people. The suggested treaty of assurance on the reunification of Germany 13 new and it represents an honest, sincere, painstaking effort to carry out the directive in that respect and to meet what we recognize to be the legitimate preoccupations of the Soviet Union and, indeed, of us, as against the possibility that Germany might again become 2 militaristic state. The proposals include all of the features which we were instructed to consider; provisions for an obligation not to resort to force, that is one; provision to deny assistance to an aggres- sor , that is another; limitation, control and inspection in regard to armed forces and armaments, that is another; the establishment be- tween East and West of a zone in which the disposition of forces will be subject to mutual agreement. All of those aspects which we And in addition to the features which we were instructed to con- 2 1 ? See supra. 415900_-57-Vol. 2-amam 17 1906 AMERICAN FOREIGN POLICY, 1950–1955 C E t 9 t T 1. Treaty of Mar. 17, 1948, as amended by the protocols of Oct. 23, 1954; supra regard to our traditional attitude toward these matters and to our geographical separation from the European continent. It is, how- ever, something that I believe the United States would be prepared to do as a part of a contribution to bring about the increased security for all which would come with the reunification of Germany. I was very glad to hear Mr. Molotov say that he would study these proposals more carefully, because it is quite obvious that his initial reaction is based upon an inadequate understanding of the document. As I understood Mr. Molotov, his basic objections to the proposal , as he understood the proposal, were in essence two: One to the effect that the proposal required Germany to become a party to NATO and the other was that the sanctions of the treaty were mere "consulta- tions." Dealing with the first point, let me say that there is nothing what- soever in the treaty proposal which conflicts with the provision of the Eden Plan that the all-German Government shall have authority to assume or reject the international rights and obligations of the Fed- eral Republic and the Soviet Zone of Germany. Let me make it per- fectly clear and emphatic: There is nothing whatsoever in the treaty proposal which requires Germany to become a member of NATO. It is recognized that a reunified Germany will be free to accept or to reject existing obligations with reference either to NATO, to Brussels, or to Warsaw.? That is a complete freedom, and nothing in our pro- posals is in any way contrary to that. With respect to the sanctions in the treaty, these are more far-reach- ing than any which have ever been known before in the course of inter- national relations, covering practically every aspect which is subject to control, not only in terms of engagements , pledges, which are most serious, but also including physical arrangements in the way of in- spection, controls, assurances regarding the level of forces, and the like . As I say, they go far beyond anything that history has ever before known, and surely it is not to be said that there is nothing is this proposal except mere "consultations". So I very much hope that this proposal, which tries so seriously and conscientiously to give real substance to our directive, will receive the careful consideration which I know it deserves. And I am con fident that with that consideration the provisional and superficial views that have been expressed here will be revised. Of course, all of this proposal is subject to the reunification of Germany, and at leas one of the provisions of the treaty operates, as far as the United States and the other powers here are concerned, only if the reunified German joins NATO; that is, Article 8, because Article 8 deals in effect with a guarantee by the NATO members that no one of their own mem. bership will commit aggression. We can give such assurance as he gards our own group, but if a reunified Germany joins the Warsaw Treaty, then it would not be for us to give assurances that Germany will not commit aggression. pp. 968–971, 972–989. 2 Treaty of May 14, 1955; supra, pp. 1239-1242. 0 a a 8 m si SE 0 1907 GERMANY, AUSTRIA, AND EUROPEAN SECURITY task. And, in that spirit, I would like to say this: I think that the three Western Powers in their proposals have gone very far in presenting the position which their governments hold, on both the subject of the reunification of Germany and on the subject of security, and, while I do not suggest that those proposals are by any means complete, they do, I think, constitute & very full exposition of the point of view of our three governments. I think that most of the questions which Mr. Molotov has put, Proposal of Oct. 28, 1955; The Geneva Meeting of Foreign Ministers, pp. 45–48. Statement of Oct. 29, 1955; ibid., pp. 66-72. We shall , of course, examine carefully the proposal which the Soviet Delegation has submitted. In looking at it in the few minutes that have been available, I think it will be found that some at least of the provisions of our proposal coincide with the proposals of the Soviet Delegation. There is, however, one basic difference of approach, which is that we have submitted together proposals dealing with what our directive says are the two closely-linked problems; namely the problem of the reunification of Germany, and the problem of European security. The proposal of the Soviet Delegation, so far as I can see, is in no way. connected with the reunification of Germany, and, therefore, it would be difficult for us to consider it until we see the proposal which the Soviet Delegation says it intends to submit for the reunification of Germany. When we see the two together then we shall be able to appreciate thern better than by only seeing the first proposal with- out the other half; namely, the reunification of Germany. In conclusion, let me beg the Soviet Delegation to believe that the treaty proposal that has been made here represents a serious and, I would say, indeed, a momentous and historic proposal designed to meet, as fully as human ingenuity can meet it, the problem of permitting the reunification of Germany to occur under conditions which will assure that whichever election Germany makes, in terms of its future associations or lack of associations, there will be assur- ance to us all against something which we are all entitled to dread and fear; that is, the possibility that Germany might again become 126. STATEMENT BY THE SECRETARY OF STATE, OCTOBER 29, 1955 2 Mr. Chairman, I feel that we have made considerable progress during the two days of conference which we have so far had-two days of discussion of our proposals--and that the last statement made by Mr. Molotov poses the question, a very proper one at this stage , as to how do we really make progress from now on. We are not here to engage in polemics, and to show how smart we tre either as lawyers or as diplomats. We are here on a very serious & militaristic State. 4 1 * Ibid., pp. 73-74. Supra, doc. 124. 4 1908 AMERICAN FOREIGN POLICY, 1950–1955 4 89 85 tc ar m VO to of Ei be bre PT th hy 2 either yesterday or today, have been answered as adequately as is appropriate to answer them at the present stage of our debate. When we get down to discussing the detailed elaboration of a security treaty, a treaty of assurance, along the lines we have proposed, then it will naturally be appropriate to have further more detailed ex- changes of views as to just how certain articles should be drafted. It seems to me that the important thing at this stage is to know the position of the Soviet Union with reference to the reunification of Germany. It is quite true that our proposals start from the prem- ise that Germany will be reunified and the assurances which we have suggested are assurances which depend basically, not upon Germany's entry into N.A.T.O., but they do depend basically upon the reunifica- tion of Germany. We do not yet know the position of the Soviet Union on the ques- tion of the reunification of Germany, and while we know that the head of the Soviet Government agreed in the directive that Germany should be reunified through free elections, we do not know just what proposals the Soviet Union will now make to give effect to that pro- vision of the directive. Mr. Molotov says that he has a proposal to make in that respect and it seems to me that from the standpoint of making progress i would be very useful if Mr. Molotov could let us see what that proposal is. There is, I know, a difference of opinion between us as to the relative order of importance of European security and the reunifica- tion of Germany but there can be no difference between us on the prop- osition that there is a close link between the two, because that has already been decided for us by our superiors. There are, one might say, two sides of a single coin, one side of which is European security and the other side of which is German reunifi- cation. We have tried to present our view as to the pattern of both sides of the coin, the pattern of European security, the German reunification. As far as the Soviet Union is concerned only one side of the coin is as yet visible; that is, the one that has the pattern of European security. I think, in order that we can really proceed in a businesslike way, which I know we all want, that it would be ex- tremely useful if the Soviet Union would show us the other side of its coin, the one that has the pattern of German reunification. Then we can see whether there is a basis of agreement there. Because in our case, it has been made clear, German reunification is the premise of our proposed security treaty. If we cannot reach agreement about the reunification of Germany, then obviously our security proposals are irrelevant because they are predicated upon the reunification of Germany, and in that case it is academic to attempt to elaborate proposals because the foundation may not exist. But if, as I hope, a foundation exists in our being able to find agreement about the reunification of Germany, then the hypothetical questions which have been put can be developed because we will know on what premise it is perinissible to proceed. fou pattern of the De stu ma ant Tec 11 pam Con tion 3 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1909 127. STATEMENT BY THE SECRETARY OF STATE, OCTOBER 29, 1955 1 Mr. Chairman, we can all ask questions. I have asked several. One question I have asked is as to whether we can proceed in our discussion of security on the assumption that the Soviet Union will promptly agree to the reunification of Germany. That is, from my standpoint, as important a question to ask and to have answered as any that I can think of. I would say that certainly the purpose which we all have here is to find security for all. As far as the United States is concerned- and I can not in this respect speak for my colleagues or anybody but myself—I can only refer to what President Eisenhower said when he was here in July when he said and he said it on two separate days to make it perfectly clear: "European security and the reunification of Germany are inseparable".2 Those were his words. And it is the view of the United States that it is not possible to achieve security in Europe upon the premise of a divided Germany. Now, that may not be the view of others, but that is certainly the point of view which we bring to this conference, and until we know whether or not we are to proceed on the premise that Germany will be unified or on the premise that Germany is to be divided it is extremely difficult for us to answer hypothetical questions about a security treaty because a security tresty which is predicated upon a unified Germany is one thing. If Germany is not to be unified, then the problems are of a totally different order, and it is not possible to answer questions until we knoir what the basic foundation is as far as Germany is concerned. That is all. 128. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 2, 1955 3 Mr. Chairman, I am glad to have the opportunity to comment on the presentation which has just been made by the head of the Soviet Delegation. I shall, of course, look forward to the opportunity to study closely his remarks when I have the exact transcript, but I can make some preliminary observations at this time. As I recall, Mr. Molotov first commented on our security proposals and made objections on two grounds, principally, the first being, as I recall, that, and I quote now my notes of the English translation, The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 (De- partment of State publication 6156; 1955), pp. 74–75. * Statements of July 20, 1955 (supra, doc. 119) and July 21, 1955 (The Geneva Conference of Heads of Government, July 18-23, 1955; Department of State publica- tion ; 1955, p. 53, n. 7 : The Geneva Meeting of Foreign Ministers, pp. 99-101. , * Ibid., pp. 89-99. 5 Supra, doc. 124. : S S S 1 Statement of Nov. 2, 1955; The Geneva Meeting of Foreign Ministers, pp. 85-87 1910 AMERICAN FOREIGN POLICY, 1950–1955 “that the treaty enters into force only simultaneously with the entry of Germany into NATO”. The second point, as I understand it, was that the security proposals which we had submitted did not operate for the benefit of the neigh- bors of Germany who had in the past been the victims of German aggression. I was very glad that his objections are of a kind which can readily be met. The proposal as submitted by the three Western Powers provides that "the treaty would enter into force only in conjunction with the reunification of Germany." So it is not accurate to say that it only comes into force when Germany enters into NATO. That provision must be read in connection with the provision in the Eden Plan, which is annexed, which provides that the all-German government may either accept or reject membership in NATO. It is quite true that our proposal says that "the provisions would come into effect progres- sively at stages to be agreed. That agreement we will seek from the Soviet Government at an appropriate time. With respect to the second point, it is certainly the intent—and I think certainly the effect of the proposals that we submitted, that they should benefit all of the countries here in Europe which have been subject to German aggression. For example, Article 8 says "an armed attack against any party which is not a NATO member," and obviously the limitation of forces and the special measures within & treaty area which would embrace parts of Poland and Czechoslovakia would give a very great measure of security to those countries. I think it can be confidently said, as I said before Mr. Moloto spoke this last time, that the progress that we have made makes it apparent that we can reach agreement on security provided we can reach agreement on the reunification of Germany. Having listened here to all the observations which Mr. Molotoy has made and having seen his own proposals, I am confident that it is possible to find agree- ment upon a security treaty which will meet all the legitimate security preoccupations of the Soviet Union and of the other countries who have in the past suffered from German aggression. That is, I know , an optimistic statement, but I hope it is not a crime to be optimistic . So, after having made this good progress in the area of security, we turn to the problem of reunification of Germany. Mr. Molotov dis cussed the question of who is responsible for the present division of Germany, and, as I understood it, he put the responsibility on who had created first Bizonia and then Trizonia.2 Well , Germany was originally divided into four parts , and I am not sure that it is fair to put the responsibility for the continued division of Germany upon those who first reduced the four parts to three, and then reduced the three parts to two. If the Soviet Union will join with us to bring occupation in Germany, Jan. 1, 1947 (see A Decade of American Foreign Policy pp. 528–541), and the merger of all three Westerne zones under the Allied High Commission, Apr. 8, 1949 (ibid., pp. 588-590). fo lo e 01 re & h I li 0 C 8. I: 0 W those et SE M el ni 8 IC GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1911 won't take it. But the point I want to make is it is not whether Mr. Molotov likes it, or I like it, that isn't what counts-the essence of free elections is that the Germans themselves will decide if they want it or about now the reduction of the two to one, then we will no longer have to argue about who is responsible for division. But really the important thing is not who is responsible for the division of Germany, but who is responsible to put Germany together again, and as to that, the decision has been made: “The Heads of Government recognizing their common responsibility for the reunifica- tion of Germany—that is our Directive; and, whoever was respon- sible for the past , we now have a common responsibility for the future. I confess that I was at first discouraged by the Soviet proposals about Germany because they seemed to me not only to be impractical but they seemed to me to be a very clear departure from our Directive but I did not remain discouraged long because I thought to myself that the first proposals which the Soviet Union had made about security were very discouraging, and their second proposals came much closer and showed a real approach to those of the Western Powers . So I hope that the Soviet Delegation, after we have had a discussion on this question of the reunification of Germany, may see its way to coming forward with proposals which meet more clearly the Directive, and which by so doing also meet more responsively the submission which we have made in this respect. Our Directive calls for the reunification of Germany by means of free elections. Now Mr. Molotov has pointed out that, if you have free elections, somebody is going to win and somebody is going to lose. That is, however, inherent, as I see it, in the nature of free elections. Presumably that fact was taken into account by the Heads of Government when they nevertheless directed us to bring about the reunification of Germany by free elections. I do not wish to go into a debate about the merits or demerits of the social structure which has been created in East Germany. It is not really important what I think about it. The important thing is: What do the Germans think about it , because they are the ones who are going to have to Free elections, under the conditions that are foreseen by the proposal of the Western Powers, will permit the Germans who live in East Germany, if they wish, to go all about Germany explaining the merits, if these are merits, of the social system that exists in East Germany, and they will have a full opportunity to explain it to the Germans It will also give the people in West Germany an opportunity to find out, by personal investigation, by talking with the East Germans, what they think about it. And then, after that period of election- eering has taken place, the people will go to the polls and decide what they want. If they want this system, which to Mr. Molotov seems so good, they will vote to take it; if they don't like it , then they live by their choice. pot . If they do like it, they will take it; if they don't like it, they will And that is the essence of free elections which we are get rid of it. required to bring about. Supra, doc. 123. : 1912 AMERICAN FOREIGN POLICY, 1950-1955 affirm what I said yesterday—that there is before us a realizable 1 Proposal of Nov. 2, 1955; The Geneva Meeting of Foreign Ministers, pp. 98-99, I am really surprised that Mr. Molotov should assume, as he ap parently does, that under conditions of free elections, where the people have the right to see and examine what is going on, they will reject the East German system. If the social and economic conditions which Mr. Molotov would preserve are good then they will survive the test of free elections. I believe that the free system of the West is good enough to survive free elections. Apparently, Mr. Molotov does not believe that the system of the East is good enough to survive free elec tions. But, however that may be, our Directive says that the Heads of Government have agreed on the reunification of Germany by means of free elections, and I hope very much that the Soviet delegation, in loyal performance of the Directive given us, will again examine the matter and put forward either its own proposal for free elections, or, which would be much better, accept the proposal which the Western Powers have made. The four-point Soviet proposal, which has been circulated, makes no provision whatever for free elections in Germany, and I would hope that the Soviet Union, I repeat, would submit a proposal for free elections in Germany, which is what we are directed to do. 129. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 3, 1955 2 Mr. Chairman, I have, as I promised Mr. Molotov yesterday, read very carefully his speech and the proposals which accompanied that speech. About half of the remarks of Mr. Molotov concern themselves with the problem of European security, which we have been discussing now for some days. As I read that portion of Mr. Molotov's remarks , and then read the further speeches that were made around the table by President Pinay, Mr. Macmillan, and myself, it seemed to me the statements made gave a very full reply to the questions which Mr. Molotov put in relation to the matter of European security. I would like to associate myself with the eloquent statement which was made by President Pinay. It was I felt an answer of a states- manlike character, to the points that had been raised by Mr. Molotov . I feel, after having read the speech on behalf of the Soviet Delega- tion and the other speeches that were made, that I can confidently ra . vision of security in Europe by means of a treaty which would conform to our directive; provided-and, of course, this proviso is of the utmost importance we can make similar progress with respect to the re- unification of Germany. 2 Ibid., pp. 105–112. 3 Supra. 4 The Geneva Meeting of Foreign Ministers, pp. 89-99. 5 Ibid., pp. 102–105. 8 Ibid., pp. 82-85. that 1913 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1 } 1 } templates not the reunification of Germany, but the cooperation of two German states. This apparently, is the Soviet view of the most Therefore, as I see it, the urgent present task of our conference is to concentrate, as closely as we may, as intensely as we may, as constructively as we may, on dealing with the other half of the whole of our first directive; namely, the problem of Germany, and the re- unification of Germany. The Western powers recognized what our directive calls the "close link between the reunification of Germany and the problem of Euro- pean security.” So, in their proposals of last week, six days ago, we submitted not only a proposal in relation to the European security treaty, but, also, as part of our proposal, the amended Eden Plan dealing with the reunification of Germany by means of free elections.? That proposal , as I say, was submitted six days ago. Yesterday, the Soviet Union submitted a proposal of its own with reference to the German problem, and asked us to comment upon it. Perhaps it would not be unfair if we felt that it would be useful if the Soviet Union would comment upon our proposal which was sub- mitted six days ago. That proposal was designed to conform care fully to our directive, and I think deserves comment and consideration which, so far, has been lacking. In the extensive remarks which Mr. Molotov made yesterday on this subject of Germany, he did not comment upon, either by way of criticism or by way of approval, on the plan which we had sub- mitted . We have a saying that “Silence means consent". I recall I suggested that once in the past, but Mr. Molotov said that was not I am, however , willing to oblige by commenting upon the four- point proposal which Mr. Molotov submitted yesterday. My first reaction was, and my considered conclusion is, that that proposal is | principally noteworthy in its complete failure to comply at all with the directive under which we are operating. The directive of last July on this subject contains four elements. The first is that Germany shall be reunified; the second is that it shall be reunified by means of free elections; the third is that this shall be done in conformity with the national interests of the German people, and fourthly, in the interests of European security. I deal first with the fact that it was agreed there shall be a reuni- fication of Germany. I would observe that whereas the proposal of the Western powers contemplated an actual reunification of Germany, e plate at all the reunification of Germany, and this we hope by next year, the Soviet proposals do not contem- The various proposals so far submitted by the Soviet Union, which touch on this topic, seem to presuppose not that Germany will be pemified but that Germany will continue to be divided. The four- point proposal of the Soviet Delegation, submitted yesterday, con & Russian proverb. I do not think that it is improper for us to ask that the Soviet 1 Supra, doc, 123. 2 Supra, doc. 124. 1914 AMERICAN FOREIGN POLICY, 1950–1955 Union should submit a plan for the reunification of Germany. After all, that is the agreement of the Heads of our Governments; that is the directive they gave us. The Western powers have submitted a plan for the reunification of Germany and it would seem to me that we are entitled to expect from the Soviet Delegation a plan for the reunification of Germany. Now, I turn to the second element in our directive on the German problem. It says Germany should be reunified "by means of free elections." The proposal submitted by the Western powers meets this requirement of the directive. It contemplates that "free and secret elections should be held throughout Germany, including Berlin, at the earliest possible date." It contemplates an electoral law which would be worked out in consultation with German experts taking into account the electoral laws already drafted for this purpose by the Bundestag of the Federal Republic of Germany and in the Soviet zone by the Volkskammer. Our proposal goes on to contemplate guarantees to assure that the elections will be really free and so that those in any part of Germany who have social programs or economic projects, which they wish to present to the German people, will have a full opportunity to do so. It contemplates that these free elections will be so supervised that there will be an all-German national assembly which will draft! German constitution and prepare for peace treaty negotiations . In this way we try to comply with the directive that Germany shall be reunified by means of free elections. The proposal submitted by the Soviet Union makes no provision whatsoever for the free elections for which our directive calls and indeed, the remarks which accompany the proposal indicate that it is the view of the Soviet Delegation, that free elections are rather danger ous things because it is pointed out no one can be sure in advance what the results will be. Now, I have here the ballot which was used in the elections in the East-German zone. One could know in advance what would come out of that election because there was only one set of names on the ballat There was no opportunity to vote for anyone else, and the only freedom that was had was the freedom to put this particular ballot in the ballot box. Then, indeed, one could be sure in advance whet would come out, because it was decided in advance what went in I admit that with free elections one cannot be sure what the result will be before the elections take place and I realize that that is some times inconvenient. It is particularly inconvenient if you turn up.com the losing side, as I sometimes have. But that risk is inherent in free elections which are designed to ascertain the popular will , for no ole can be sure in advance what the popular will may turn out to be That, as I say, is a risk inherent in free elections. Surely the Head of our Governments, who agreed that there should be free election must have taken that risk into account and nevertheless agreed the there should be free elections in Germany. Therefore, it seems to me, that it is not in order for us here in question free elections, to doubt whether free elections are good or bei GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1915 (Department of State publication 5399; 1954), pp. 228–229. because the results are unpredictable. We are under a directive which requires us to bring about the reunification of Germany "by means of free elections". That is the order of our Heads of Govern- ment which the three Western powers have complied with by sub- mitting a plan for free elections in Germany, and I very much hope that the Soviet Delegation will also either accept our plan or submit a plan of its own. The third element of our directive is that this reunification through free elections shall be carried out in conformity with the national interests of the German people. I underline the words "national interests." The emphasis, you will see, is upon a national Germany, not upon a sectional or divided Germany. The Soviet Delegation has called attention to what it believes to be social gains which have been achieved in a certain portion of Germany and also it feels that there is grave doubt whether these so-called "social gains" will be preserved if the whole people were given an opportunity freely to express their will. Therefore, it seems to be argued by the Soviet Delegation that a national view shall not prevail , but that some form of sectionalism and the main- tenance of a divided Germany must be maintained as against a na- tional viewpoint in order to preserve these sectional so-called "gains”. In this respect there seems to be a retrogression not merely from the directive under which we operate, but even from the condition which existed at the time of the Berlin Conference, when the pro- posals made by the Soviet Delegation seemed to accept the view that the German people would decide on a national basis what were the social conditions which they wanted to have. On the 4th of February 1954 the Soviet Delegation submitted a proposal which called for all-German elections--I am quoting now, as a result of which the German people would take their decisions, without any interference on the part of foreign countries, concerning the social and state organization of a democratic Germany." In other words, by that Soviet proposal it was conceded that the German people acting as a whole would take their decisions as to the kind of a social system which they wanted and that they would do so without any interference on the part of foreign governments who might pre- fer to see the Germans maintain one or another social system. As Mr. Macmillan said yesterday, the language and the spirit of the directive are that Germany should again become a nation which would determine its own foreign policy and its own domestic policy and decide on a national basis what kind of a social system it wanted. That feature of the directive, it seems, is now abandoned by the Soviet Delegation even though that seems to involve also an aban- donment of the prior position which it took in Berlin last year. With respect to the right of Germans to determine their own foreign policy and foreign relations, I must observe the denunciation by the Soviet Union of the exercise by 50 million Germans in the Federal Poreign Ministers Meeting: Berlin Discussions, January 25-February 18, 1954 ? The Geneva Meeling of Foreign Ministers, pp. 82-85. 1 ܙܐ 1916 AMERICAN FOREIGN POLICY, 1950–1955 and its neighbors to the East, "or other international agreements as Republic of their right through a free government, chosen by free elections, to associate themselves with the North Atlantic Treaty and with the Brussels Treaty for Western European Union.” I am not quite clear, nor has it been pointed out, what are the specific features, for example, of the Brussels Treaty which the Soviet Union finds objectionable. Is it objectionable that by joining that treaty the Federal Republic agrees closely to limit its military forces—to limit them to a degree far more modest than that which is the case with respect to the so-called GDR? 3 Is it objectionable that the Federal Republic of Germany foregoes the right to have atomic weapons, bacteriological weapons and chemical weapons?_Is that objectionable? Is it objectionable that under the Brussels Treaty the military establishments and arma- ments of the Federal Republic are subject to investigation and control through the Brussels Treaty Council representing predominantly states which in the past have suffered from German aggression? Is it objectionable that by that Treaty and by the North Atlantic Treaty the Federal Republic of Germany solemnly is committed to a purely defensive posture for the future? The Federal Republic of Germany in the exercise of its sovereign rights has followed a foreign policy which carries it into such a course designed to assure that Germany will not be again & militaristic country and that it will live peacefully in association with its neigh- bors. That is a right which we believe should be preserved for the unified Germany--not that we know or demand that it should exercise its right in any particular way. We provide that it should be entirely free. We do recognize that Germany operating as our directive says upon a "national basis shall have the right to determine its own foreign policy as well as its own domestic policy. In this connection I recall a provision of the Eden Plan which formas a part of the proposal submitted here last week, which reeds "The all-German Government shall have authority to assume or reject the international rights and obligations of the Federal Republic and the Soviet Zone of Germany and to conclude such other international agreements as it may wish In consonance with the directive, our plan affirmatively provides and contemplates that in terms of domestic policy, for example , the kind of social system they want, and also in terms of foreign policy, that the German nation as established through free elections will be in charge of its own destiny and decide what it wants: whether it wants to accept or to reject the kind of relations which now exist between either the Federal Republic of Germany and its neighbors to the West or the relations which exist between the so-called GDR it may wish.” We believe that it is inadmissible and contrary to our directive to 1 See the Protocol of Oct. 23, 1954, to the North Atlantic Treaty; supra, PP" 871-873. 2 See supra, pp. 968–989. 3 German Democratic Republic. 4 See supra, doc. 124. 1917 GERMANY, AUSTRIA, AND EUROPEAN SECURITY because the last two considerations coincide. 1 The Geneva Meeting of Foreign Ministers, pp. 102-105. close link between the reunification of Germany and the problems of European security", and why they said that Germany must be re- unified by means of free elections in accordance with the national interests of the German people and the interests of European security, try to decide for the Germans what will be their future policy either internally or externally. That leads me to the fourth element in the directive to which I have referred, namely, that German reunification shall be carried out in "the interests of Xuropean security”. Mr. Molotov suggested yesterday that perhaps nations which "were not very close to the confiagration” were not very good judges as to how to prevent a recurrence of such conflagrations for the future. I assume that that had reference to the United States, which is the only one of the four of us whose land was not directly attacked by the Nazi forces. I would say that, while the losses of the United States in the first and second world wars were not as great as some others, nevertheless we did pour out a sufficient volume of blood and of treasure in both of those world wars so that I would think that it could be assumed that we would be anxious not to have to do so again. But if that assumption is not entertained by the Soviet Union, I would think at least that the Soviet Union would recognize that France is a country which is qualified to speak on that subject; and I was deeply moved, as I think all of us must have been, at the words of President Pinay yesterday on this subject. He pointed out a fact which is so clear that none of us who is interested in the peaceful future can be blind to it: namely, that the greatest danger of re- creating German militarism is by perpetuating the division of I was particularly struck by that because I was at the Versailles Peace Conference – I think I am perhaps the only one here who can claim that honor, if it be such-and I recall the well-intentioned plans which were there evolved and embodied in that peace treaty to pre- vent a second world war by means of repressions, the division of Germany, and a series of measures, which as it turned out, merely pro- voked after a period of pacificism a rebirth of fanatical nationalism Mr. Molotov has suggested that that rebirth of militarism occurred because they had free elections in Germany. Well, in the first place, Mr. Hitler did not come to power through free elections. The last free election held in Germany showed a decline in Hitler's vote. But the fact that he had any large vote at all was due to the pre-existence measures which aroused fanatical German nationalism. As Pres- ident Pinay said, any of us who study history must see clearly the lesson which it teaches as we face again the problem of Germany. If We are capable at all of learning from the lesson of history, we must realize that to continue indefinitely the division of Germany is the most dangerous thing that we can do. That is surely the reason why our Heads of Government, in their wisdom, saw and affirmed “the Germany > 1 1918 AMERICAN FOREIGN POLICY, 1950-1955 German people have learned something too. We have all, in vary- ing degrees, suffered greatly from past German aggressions, but I do not think that any nation in history ever suffered as severely as did the German nation as it faced defeat during the closing period of World War II. And if today we see, at least in the Federal Republic of Germany, fifty million Germans who are eager to promote Euro- pean security by associating themselves with others in a way which will assure a limitation of their armaments, an exclusion of their use of the most dangerous kinds of weapons, and the acceptance of con- trols, that is because the German people, certainly the German people of this generation, want to make sure that the lesson which they have learned will be accepted and so riveted into the very warp and woof of German life that there will never again be the opportunity for : future generation to commit the follies which have been committed by Germans of the past over a good many generations. So as we consider this fourth element in our directive, "the in- terests of European security,” let us never forget what is said in the opening of our directive, “the close link between the reunification of Germany and the problems of European security," and let us make sure that we do not perpetuate what, in my opinion, could bring about a rebirth of excessive nationalism in Germany; that is, the continued division of a great people. So, Mr. Chairman, for the reasons I have given, the explicit man. date we have from our Heads of Government, the reasons for that mandate-reasons which are indelibly marked on the pages of his . tory-let us in truth try to bring about this reunification of Germany. I ask the Soviet Delegation, which has every reason to be moved by the same considerations as I think move us, to submit to us & for the reunification of Germany by means of free elections to be carried out in conformity with the national interests of the German people, and in the interests of European security. proposal 130. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 4, 1955 ) 1 Mr. Chairman, we have now completed a week of discussion, and we are about to proceed into three days of recess, and it did occur to me that it might be useful to try to sum up the position that we are now in. We are working still on the first item of the Directive, European security and Germany. In that matter, I recall that we were in: structed to take account of the close link between the reunification of Germany and the problems of European security, and I further more recalſ that the Directive instructs us to consider various spe; cific proposals with reference to security, such as the renunciation of · The Geneva Meeting of Foreign Ministers, October 27-November 16, 1958 (Department of State publication 6156; 1955), pp. 127-130. Supra, doc. 123. 1 1919 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 2 The Geneva Meeting of Foreign Ministers, pp. 45–48. that our security proposal presupposed a united Germany, while the Soviet Delegation complies, as we still assume it will, with the Direc- force; the denial of assistance to an aggressor; the limitation, con- trol , and inspection of armed forces and armaments; and the estab- lishment of a zone between the East and the West in which the disposition of armed forces will be subject to mutual agreement. T'he Directive then goes on to say that "The Heads of Government, recognizing their common responsibility for the settlement of the German question and the reunification of Germany, have agreed that the settlement of the German question and the reunification of Ger- many by means of free elections, shall be carried out in conformity with the national interests of the German people and the interests of European security". The three Western powers, in an effort faithfully to carry out the Directive, submitted on October 28 [27] a proposal' which did take account of the close link between the reunification of Germany and the problems of European security. Our proposal ties the two together and comprises, on the one hand, a proposal with reference to security on the assumption that Germany will be reunified as our Heads of Government agreed; and, on the other hand, a concrete proposal for the reunification of Germany by means of free elections, as our Directive specifies. The Soviet Union on October 28 submitted a proposal for European security," which almost wholly ignored the specifications of our Direc- tive as to security features which we were instructed to consider. Furthermore, it ignored the instruction to take account of the close link between the reunification of Germany and the problems of Euro- pean security. This Soviet security proposal did not recognize any link at all between security and the reunification of Germany; on the contrary, it assumed the division, and, apparently, the indefinite division of Germany. Subsequently, on the 31st of October, the Soviet Union made new security proposals, which, although they still disregard the link with German reunification, did more fully meet the specifications of the Directive as to the scope and nature of se- curity . Because of that, these new proposals approached those which had been made on October 28 [27] by the Western powers in con- formity with the Directive. In a statement which I made at our fifth session on November 2, 41 made a comparative analysis of the Western security proposals and the new proposals of the Soviet Union, and pointed out, item by item, the extent to which, by conforming to the Directive, they coincided Of course, there remains the fundamental and critical difference proposals did indicate a possibility of significant progress once the with each other. * Supra, doc. 124. • Ibid., pp. 76-82. * Ibid., pp. 85-87. 1920 AMERICAN FOREIGN POLICY, 1950-1955 int &d me to foui OX 1 ass But the four Heads of Government as to the close link between the reunification of Germany and European sh security. I do not minimize the serious problems which will, no doubt, arise sh as we undertake the task of converting our security proposals, now WI presented in general terms, into concrete treaty clauses. Nevertheless wb it is encouraging that, subject to the fundamental and critical di ference which I have referred to, there is a very considerable measura of agreement in principle as to how to get security in Europe. do Mr. Molotov has asked a good many questions about our security proposals, questions which we have answered even though Mr. the Molotov does go on asking them again. Perhaps his confusion comes from the fact that it is indeed difficult to have a complete meeting of an minds until we know we are both proceeding from the same premise namely, the reunification of Germany. So, that is where we stand on European security. Th With respect to the reunification of Germany, the Soviet Delegation be still continues to be totally unresponsive to the specific directions Fo under which we are operating. The only proposal of the Soviet clu Union is a proposal which says that, and I quote from it: "The German the people are deprived of the possibility of living in a united state”, and thg which, accordingly, calls for a consultative council to be formed by ful representatives of the so-called German Democratic Republic and the German Federal Republic. The Soviet Union has not submitted any proposal for the reunifica- joi tion of Germany by means of free elections and so far declines to con- sider the proposal wbich the Western powers have made in this respect . lin So that is where we stand with respect to German reunification. I find it hard to believe that this rigid and unresponsive position of by the Soviet Union is final. tha The Soviet Delegation may now believe, as it so ardently argues that there is no close link between the reunification of Germany and European security. But the four Heads of Government agreed, last July, that there is a close link between European security and the red out unification of Germany, and they instructed us to take that into account. The Soviet Delegation may now believe that, as its proposal says the Germans do not now have "the possibility of living in a united 131 state. But the four Heads of Government determined, last July, that Germany had that possibility and that Germany should be reunified . The Soviet Delegation may now believe, as it so ardently argues agreed, last July, that Germany should be reunified "by means of free elections." The Soviet Delegation may now believe, as it contends, that Ger the many should not be made a national state because this would jeopard- ize alleged social gains in that part of Germany which has been com munized by the Soviet Communist party. But the four Heads & Government agreed, last July, that the reunification of Germany 1 See the Soviet delegation's proposal of Nov. 2, 1955; Geneva Meeting of Foreign Ministers, pp. 98–99. ref Wh any see ( Ki 1 2 (De dele 1921 GERMANY, AUSTRIA, AND EUROPEAN SECURITY >> Kingdom, the United States and the Federal Republic of Germany, the Foreign Ministers of France, the United Kingdom and the U.S. 1 Address of July 25, 1955; supra, pp. 111-114. 3 The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 (Department of State publication 6156; 1955), pp. 136-137. The American delegation submitted this proposal on behalf of the three delegations. should take place, and take place in conformity with the "national” interests of the German people. There was no precondition that there should be preserved a sectional system which has been imposed from without and which the German people, once they become again a whole nation, may, if they wish, either accept or repudiate. It may be tiresome that I repeat, again and again, the refrain of adhering to our Directive. I cannot, however, in good conscience do otherwise. The four Heads of our Governments reached an agree- ment last July at Geneva which gave rise to new hopes throughout the world. President Eisenhower, on returning from Geneva, made a radio and television broadcast to the American people 1 in which he referred to these agreements that had been made and he said, “We are pro- foundly hopeful that these assurances will be faithfully carried out." Then he went on to say, "The acid test should begin next October, because then the next meeting occurs. It will be a meeting of the Foreign Ministers. Its principal purpose will be to take the con- clusions of this conference as the subjects to be discussed there and the general proceedings to be observed in translating those generalities that we talked about into actual, specific agreements." We believe, Mr. Chairman, that our task here is to carry out faith- fully the assurances that were given last July and to translate those assurances into actual, specific agreements. That is why we have joined with Britain and France in making specific proposals with reference to European security, which took into account the close link between that security and the reunification of Germany. That is why we submitted concrete proposals for the reunification of Germany by means of free elections. We are, as President Eisenhower said, facing the acid test. I hope that we shall pass it. Certainly if we fail it will not be because of any unwillingness on the part of the three Western delegations to see that the assurances of last July will, in fact, be faithfully carried Thank you, Mr. Chairman. 131. PROPOSAL BY THE AMERICAN, BRITISH, AND FRENCH DELEGATIONS, NOVEMBER 4, 1955 Reunification of Germany by Free Elections On the joint initiative of the Governments of France, the United submit the following proposal as the first step in order to carry out out. 415900,-57-Vol. 2-18 1922 AMERICAN FOREIGN POLICY, 1950–1955 1 C S ti e. at least until Germany can be unified under conditions which wolk Sovietize the whole of Germany. Mr. Molotov extolled the govern mental regime which the Soviet has established in the German zon the so-called “German Democratic Republic”, and said it has a great the reunification of Germany in freedom in accordance with the Ples presented by the Three Powers on October 28 [27]: 1 Draft Decision of the Conference In conformity with the common responsibility of their government for the settlement of the German question and the reunification ! Germany and in compliance with the Directive of their Heads ds Government that the settlement of the German question and the reun fication of Germany by means of free elections shall be carried out in t conformity with the national interests of the German people and the p interests of European security, the Foreign Ministers of France , the U.K., the USSR, and the U.S. have agreed as follows: 1. Free and secret elections shall be held throughout Germany du ing September 1956, for the selection of representatives for an al li German National Assembly to draft a constitution and to form a gos- ernment thereunder for a reunified Germany. I 2. Each of the Four Powers will designate a representative to s Commission to prepare, in consultation with German experts , th: the th electoral law for such 'elections, including effective provisions in safeguards and supervision to insure the freedom of such elections . th 3. The Commission shall undertake its functions promptly are fo shall submit its report to the Four Powers by January 1956. ti t E 132. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 9, 1955 2 of le Yesterday, Mr. Molotov, just returned from Moscow, made a state ment on behalf of the Soviet Union. It had such grave implication G th that I asked that we should suspend our meeting until today so as be able to give his statement deliberate thought. I am now in a pea tion to express the views of my Government. My first observation is that the Soviet position if persisted in 1 ag perpetuate conditions which put in jeopardy the peace of Europe si My second observation is that it strikes a crippling blow at the post bility of developing relations of confidence with the Soviet Union I ask your permission, Mr. Chairman, to deal with these two pointse C order. I. The Soviet Union says in the most categorical manner that security of Europe is best assured by a continued division of Germain 1 Supra, doc. 124. 2 The Geneva Meeting of Foreign Ministers, October 27-November 16, (Department of State publication 6156; 1955), pp. 154–159. W: W. to ar m er & th to 70 ni 1923 GERMANY, AUSTRIA, AND EUROPEAN SECURITY 7 Statement of July 18, 1955; infra. pp. 2009-2012. future ahead of it because it is moving along the main road of prog- ress and because it has strong and loyal friends." It is, he said, "im- possible to accept” a reunification of Germany which might jeopardize that "great future” for this Sovietized segment of Germany. But, Mr. Chairman, the Directive which brought us here, and which ought to guide us here, did not ask us to judge of the relative merits of social systems as between that of the Federal Republic of Germany and that of the so-called “German Democratic Republic". It told us to reunite Germany in the "national interest”. Thus, the German people themselves will determine under what system they want to live. The problem which our Heads of Government did direct us to study was how to assure European security and German reunification, two problems which the four Heads of Government agreed were closely linked. It is, I think, a fair interpretation of our Directive that the four Heads of Government recognized that European security would be endangered if there was not a reunification of Germany. Certainly that is the view of the United States Government. As President Eisenhower pointed out in his address, which opened the Geneva Conference last July, the division of Germany prolonged for over ten years "does a grievous wrong to a people which is en- titled, like any other, to pursue together a common destiny. While that division continues, it creates a basic source of instability in Europe. Our talk of peace has little meaning if[,) at the same time, we perpetuate conditions which endanger the peace.” 2 And because our Directive specifically requires us to take account of the close link between the reunification of Germany and the prob- lems of European security, the Western powers[,] loyally complying with the Directive, proposed a security system based upon a reunified Germany. The proposals which we made embody greater assurances than have ever before been contrived to preserve the peace. There would be not only solemn undertakings to abstain from aggression, to withhold help to an aggressor, and, in effect, to guarantee against aggression, but there would be physical and material safeguards, con- sisting of a level of forces to be agreed upon and actual inspections to ensure that these levels were maintained. There would be ample and dependable safeguards, in which the Soviet Union, Poland, and Czechoslovakia would take part, against re-creation of a menacing military force. There would be novel and effective provisions to ensure against any possibility of surprise attack. These provisions, based on a reunified Germany, would give Europe & security which it has not known for hundreds of years. Indeed, the merit of the proposals we made was so obvious that the Soviet Union itself , after studying them, introduced supplementary security proposals of its own which were closely modeled on ours. However, Supra, doc. 123. 1 3 See supra, doc. 124. See the Soviet delegation's “Draft Treaty on Security in Europe?«submitted to the conference, Oct. 31, 1955; The Geneva Meeting of Foreign Ministers, pp. 79-80. 1924 AMERICAN FOREIGN POLICY, 1950-1955 11 + I turn now to the effect of the Soviet action upon international relis took place in Geneva “has its positive significance for the relaxation Western European bourgeois States have been determined primarily by Germani efforts to break the fetters of the Versailles Treaty whose authors were Grey 2 Statement of July 18, 1955; The Geneva Conference of Heads of Governants pp. 35–43 (where the English translation of this portion of Mr. Bulganin's rement the Soviet proposals in this respect, as indeed every proposal that the Soviet Union has made, are predicated upon the continued divisje of Germany. As President Eisenhower said again and again last July, “Fun pean security and the reunification of Germany are inseparable." I is not possible to have European security without the reunificatis , of Germany I recall that Mr. Molotov, speaking on October 31, 1939, after the outbreak of the Second World War, referred to the relations beter! Germany and the other Western European States during the preced ing two decades, and to what he called the “German efforts to brex the fetters of the Versailles Treaty.”_"This it is”, he said, “that i the long run led to the present war in Europe." The Versailles Treaty did impose certain fetters upon German But nothing that the Versailles Treaty did compares with the cruelt and injustice of dividing the German people by the separation ine Germany of the Soviet Zone comprising 17,000,000 Germans. 'n anguish of this is demonstrated by the fact that 2,704,680 Germans i the cost of great sacrifice and risks, fled from the Soviet Zone ink West Germany. During the last month of October there were 32,84 refugees. The situation, thus dramatized, cannot be indefinitely perpetuala without grave risk. Yet, it is to perpetuate this very risk that the Soviet Union fin itself compelled to reject the far-reaching and solid security propose which I referred to. Surely, better statesmanship than that can be found. We urge upon the Soviet Government that it should not perpetuak the injustice of a divided Germany with the menace which it came to European security. Can we not learn from the lesson of Versaille We make that plea, and we shall go on making it, in the hope , ai indeed, in the expectation that before it is too late wisdom will preps tions generally. I recall that Chairman Bulganin, in his opema statement at the July conference, said that the purpose was achieve a relaxation of international tension and bring about a of confidence between nations.' In his final speech he said 1 Soviet Peace Policy: Four Speeches by V. Molotov (London, 1941), L- According to this version, Mr. Molotov said: “Relations between Germany Britain and France with the active participation of the U. S. A. in the long run led to the present war in Europe." differs slightly from that cited by Mr. Dulles). 1 II. 11 ] 1 1 feel 2 1 1 This it was when V GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1925 1 Statement of July 23, 1955; ibid., pp. 77–80. KWA of tension in the relation[s] between states[,] for the re-establishment of the necessary confidence between them.'1 The Heads of Government had to reconcile many differences before they reached the final agreement which is embodied in the Directive which they gave us. But it was, after much debate, finally agreed that there was a "close link between the reunification of Germany and the problems of European security.” Furthermore, the Heads of Government reaffirmed their common responsibility "for the reunifica- tion of Germany." They "agreed" upon "the reunification of Ger- many by means of free elections, to be carried out in conformity with the national interests of the German people and the interests of European security The United States Government believed that at the very least this solemn agreement meant that when the Foreign Ministers met there would be a serious discussion both of European security and of the reunification of Germany. There has been such a discussion with reference to European secu- rity; indeed, it produced a considerable measure of agreement on the component elements needed for security. That fact has been noted with satisfaction by both the Western powers and by the Soviet Delegation. It was, I think, demonstrated that there could be put around a united Germany a dependable framework of European security. But when we turned to consider the reunification of Germany, the Soviet Delegation refused to consider it at all despite the explicit words in the Directive under which we are operating. The Soviet Delegation refused to consider the proposals of the Western powers their serious and detailed proposals for German reunification. The Soviet Delegation refused to make any proposals of its own on the subject of German reunification. The Soviet proposal for an "all- German Council" did not even purport to charge that Council with any responsibility to reunify Germany; indeed, it was calculated to perpetuate the division of Germany. The Government of the United States believes that the refusal of the Government of the Soviet Union even to discuss seriously the reunification of Germany involves a grave breach of the agreement of the Heads of Government. The effect of this is bound to affect ad- Versely the overall relations of the Soviet Union with other countries, including the United States. I would be less than frank if I did not say that so far as the United States is concerned, what has happened here has largely shattered such confidence as was born at the Summit Conference at Geneva. There can, of course, be peace and a limited degree of working relations as between nations which have no confidence that agreements between them-even though made at the highest level—will be honored. However, relations under those conditions are bound to be difficult Let me illustrate what I say by referring to what remains to be discussed at this Conference. We are directed to go on to discuss and restricted. 1926 AMERICAN FOREIGN POLICY, 1950–1955 9 ( At Geneva, the Foreign Ministers of France, the United Kingdom (Department of State publication 6156; 1955), pp. 305-306. This declaration 2 The Geneva Meeting of Foreign Ministers, October 27-November 16, 1953 was transmitted to the Foreign Minister of the German Federal Republic and / here the problem of disarmament and the development of contack between the East and the West. But I am bound to say that I fear that these discussions will profit us little when we feel that we cannot make agreements between us which are dependable. III. Mr. Chairman, the peoples of all the world were heartened by the agreement of the Heads of Government reached here last July. But as President Eisenhower said in his closing statement at that Con ference, . only history will tell the true worth and real values of our session together. The follow-through from this beginning by ou respective Governments will be decisive in the measure of this Com ference." And he went on to say, "The work of our Foreign Minister , as they strive to implement our Directive, will be of great importance, perhaps, even more important (perhaps of even more than what w have done here.[''] ? I greatly fear that what has been done here, or, more accurately , what has not been done here despite the explicit terms of our Direc- tive, will be viewed with grave discouragement and concern througs. out the world. It is not the desire or the intention of the United States, so far as we can control it, to revert to the conditions which existed prior to the meeting of the Heads of Government last July. It is our purpose to continue to strive by all the means in our power for a just and durable peace. But I do deplore the set-back to European security and the damage to the spirit of Geneva which has been inflicted by the Soviet Union. When the issues are as great as those here at stake, we shall not easily be discouraged. It is still our hope that the Soviet Union , if not now, then soon, may give loyal substance to the agreement or the Heads of Government that Germany shall be reunified by free elections. When that day comes, European security can be assured, and the spirit of Geneva will have borne a major part of the good fruit which it seemed to offer to the world. 133. DECLARATION BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE NOVEMBER 16, 1955 Tripartite Declaration on Germany and European Security 1 Statement of July 23, 1955; infra, pp. 2013-2014. t & 2 the of Berlin. GERMANY, AUSTRIA, AND EUROPEAN SECURITY 1927 Soviet Foreign Minister on what the Four Heads of Government in July agreed were the closely linked problems of German Reunification and European Security. To this end they made a proposal for the Reunification of Germany by free elections in 1956 and for a Treaty of Assurance giving the Soviet Union far-reaching safeguards against aggression when Germany was reunified. Marshal Bulganin in July had agreed that the Reunification of Germany was the common responsibility of the Four Powers and should be carried out by means of Free Elections. The Soviet Foreign Minister, however, despite the Directive of the Heads of Government, made it plain that the Soviet Government refused to agree to the Reunification of Germany since that would lead to the liquidation of the East German regime. He made counterproposals which would have involved the continued division of Germany as well as the even- tual dissolution of the Western security system. It is for this reason that the negotiations have failed. The Foreign Ministers of France, the United Kingdom and the United States of America are aware that this result must bring a sense of cruel disappointment to the German people, East and West of the zonal border which now unjustly divides them. However, the three Foreign Ministers believe that the Soviet Government will come to recognize that its own self-interest will be served by ending the injus- tice of a divided Germany. They believe that the Soviet Government will realize that so long as it persists in withholding unity from the German people, thus perpetuating the division of Europe, there can be no solid security in Europe, nor indeed in the world. The three Western Powers will themselves not cease their efforts to end the injustice and wrong now being done by dividing the German people and will continue to stand ready to contribute to the security which can be enjoyed by all only when Germany is reunified. [For the texts of Secretary Dulles' statement of November 16, 1955, and the quadripartite communiqué of the same date, see infra, pp. 2035-2039. The text of Secretary Dulles' address of November 18, 1955, is printed supra, pp. 115-122.] 5 ] C I تتم معهم 1 t t C S C 1 C t f 8 C speak on your behalf. That claim was based not on any constitutions procedure, or on any expression of the will of those whose represent- 1 Delivered at the University of California, Berkeley, Calif.; Department of Part XI THE SOVIET UNION A. GENERAL 1. TENSIONS BETWEEN THE UNITED STATES AND TH SOVIET UNION: Address by the Secretary of State, March & 1950 1 The right and obligation of the Secretary of State to speak to li fellow citizens, or to the representatives of other nations, about op foreign relations is not derived from any claim on his part to speck knowledge or wisdom which makes him right and other people wrong It is derived from the fact that our forefathers by free choice worked out and approved a Constitution. This Constitution, with the amen . ments and interpretations which have made it a living and growie thing, has survived to this day as an expression of the will of the entir people. A President is duly elected under this Constitution with a heavy and solemn responsibility to direct the foreign relations of the American people. The President bas, in accordance with law and with the advice and consent of the Senate, appointed a man to serie as Secretary of State to assist him in the conduct of our foreign affairs This right to speak on your behalf results directly from the constita tional processes by which the American people provide a government for themselves in an orderly, clear, and democratic manner. SOVIET PHILOSOPHY OF IMPERIALISM A little over 30 years ago, there came into power in one of the great countries of the world a group of people who also claim the right men made to a monopoly of the knowledge of what was what was wrong for human beings. They further profess that the claim is based on a body of thought taken over in large part from te State Bulletin, Mar. 27, 1950, pp. 473–478. 8 & right 1928 THE SOVIET UNION 1929 writings of a mid-nineteenth century German economist and theorist, Karl Marx. I have no desire to debate here the errors of one version or another of what is today called "Marxism." But I think it must be recognized, in the light of the experience of the last 100 years, that many of the premises on which Marx based his thought have been belied by the known facts of what has actually happened in the decades since Marx made his studies. Marx's law of capitalist accumulation, his law as to the rate of profit, his prediction of the numerical decline of the middle classes and of the increase of the class struggle: none of these calculations has been borne out by the experience of the societies of the West. Marx did not foresee the possibility of democratic solutions. Furthermore, the body of doctrine now professed by the Moscow- controlled Communists is only tenuously identified with Marx's writings and is largely overlaid with Russian imperialism. We certainly cannot accept the thesis that such a doctrine can serve as the justification for the right of a small group of individuals to speak for the great masses of human beings who have never selected them as their spokesmen and whose own opinions they have never consulted. Now, for three decades this group of people, or their successors, has carried on as the rulers of that same great country. They have always, at the same time, maintained the pretense that they are the interpreters of the aspirations of peoples far beyond their borders. In the light of that professed philosophy, they have conducted, as masters of the Russian state, a foreign policy which now is the center of the most difficult and troublesome problems of international affairs, problems designed to keep the peoples of the world in a state of deepest apprehension and doubt. In addition to this, they have operated within the limits of the Soviet state on the basis of a domestic policy founded, they say, on the same philosophy, There are many points in this philosophy, and particularly in the way in which it has already been applied in practice in the Soviet Union and elsewhere, which are not only deeply repugnant to us, but raise questions involving the most basic conceptions of good and evil- questions involving the ultimate moral nature of man. There is no use in attempting to ignore or gloss over the profundity of this conflict of view. PHILOSOPHY OF A FREE SOCIETY The free society values the individual as an end in himself. It requires of him only that self-discipline and self-restraint which make the rights of each individual compatible with the rights of every other individual. Individual freedom, therefore, implies individual re- sponsibility not to exercise freedom in ways inconsistent with the freedom of other individuals and responsibility positively to make constructive use of freedom in the building of a just society. In relations between nations, the prime reliance of the free society is on the strength and appeal of its principles, and it feels no compul sion sooner or later to bring all societies into conformity with it. 1930 AMERICAN FOREIGN POLICY, 1950–1955 It does not fear, rather it welcomes, diversity and derives its strength from freedom of inquiry and tolerance even of antipatheti ideas. CA THESES OF INTERNATIONAL COMMUNISM We can see no moral compromise with the contrary theses d international communism: that the end justifies the means, that an and all methods are therefore permissible, and that the dignity d the human individual is of no importance as against the interest d the state. To our minds, these principles mean, in their practical application , the arrogation to individual human leaders, with all their inevitab frailties and limitations, of powers and pretenses which most of w would be willing to concede only to the infinite wisdom and compassin of a Divine Being. They mean the police state, with all that the implies; a regimentation of the worker which is hardly distinguishable from slave labor; a loss to society of those things which appear to u to make life worth living; a denial of the fundamental truths en bodied in all the great religions of the world. Here is a moral issue of the clearest nature. It cannot be evade Let us make no mistake about it. Yet, it does not follow from this that the two systems, theirs and ours, cannot exist concurrently in this world. Good and evil can and do exist concurrently in the whole great realm of human life. The exist within every individual, within every nation, and within every human group. The struggle between good and evil cannot be con fined to governments. That struggle will go on, as it always has, ir the wider theater of the human spirit itself. But it also does not follow from this coexistence of good and en that the two systems, theirs and ours, will necessarily be able # ir exist concurrently. That will depend largely on them, for we ou selves do not find impossibility in the prospect of coexistence with the Soviet system. However much we may sympathize with the Soviet citizens w P: for reasons bedded deep in history are obliged to live under it, we a not attempting to change the governmental or social structure of te Soviet Union. The Soviet regime, however, has devoted a mer ti portion of its energies and resources to the attempt to impose la system on other peoples. In this attempt, it has shown itself pigd pared to resort to any method or stratagem including subversul te threats, and even military force. Therefore, if the two systems are to coexist, some acceptable meus tt must be found to free the world from the destructive tensions of anxieties of which it has been the victim in these past years and 4 fr continuance of which can hardly be in the interests of any people to POINTS OF DIFFERENCE BETWEEN FREE SOCIETY AND COMMUNALE I wish, therefore, to speak to you about those points of gresit difference which must be identified and sooner or later reconcile di the two systems are to live together, if not with mutual respech, a a W W a THE SOVIET UNION 1931 1 Declaration of Dec. 1, 1943; A Decade of American Foreign Policy, p. 23. DEFINITION OF TERMS OF PEACE leaders could, if they chose, relax tensions. They could, for example, duties by allowing the Commission's entry into North Korea and by permit the United Nations Commission in Korea to carry out its least in reasonable security. What is it which the leaders of inter- national communism could do to make such coexistence more tolerable to everyone? There are a number of things they could do, which, while leaving much yet to do, would give the world new confidence in the possibility of peaceful change, in the principle and processes of peaceful settle- ment as an effective means of finding workable solutions in areas of disagreement. Let us look, first, at the points where we and they are perhaps most closely in contact and where the establishment of peace in its narrow- est, most limited sense is dangerously impeded by the absence of common ground. It is now nearly 5 years since the end of hostilities, and the victorious Allies have been unable to define the terms of peace with the defeated countries. This is a grave, a deeply disturbing fact. For our part, we do not intend nor wish, in fact we do not know how, to create satellites. Nor can we accept a settlement which would make Germany, Japan, or liberated Austria satellites of the Soviet Union. The experience in Hungary, Rumania, and Bulgaria has been one of bitter disappointment and shocking betrayal of the solemn pledges by the wartime Allies. The Soviet leaders joined in the pledge at Tehran that they looked forward "with confidence to the day when al peoples of the world may live free lives, untouched by tyranny, and according to their varying desires and their own consciences.” i We can accept treaties of peace which would give reality to this pledge and to the interests of all in security. With regard to Germany, unification under a government chosen in free elections under international observation is a basic element in an acceptable settlement. With that need recognized and with a will to define the terms of peace, a German treaty could be formulated which , while not pretending to solve all of the complex and bitter problems of the German situation, would, nevertheless, go far toward a relaxation of a set of major tensions. With regard to Austria, that unhappy country is still under occupa- tion because the Soviet leaders do not want a treaty. The political and economic independence of Austria is being sabotaged by the determination of the Soviets, camouflaged in technicalities, to main- tain their forces and special interests in eastern Austria. With regard to Japan, we feel that the Soviet leaders could recognize the interest which nations other than the members of the Council of Foreign Ministers have in a Japanese peace treaty and could refrain from taking positions and insisting on procedures which block progress In the Far East, generally, there are many points where the Soviet toward a treaty. 1932 AMERICAN FOREIGN POLICY, 1950–1955 1 pointed to practical steps which Members should take to support A respect for the expressed will of the majority is as fundaments a majority of the General Assembly has generally not agreed with the *2 General Assembly Res. 290 (IV), Dec. 1, 1949; General Assembly, Official accepting its report as the basis for a peaceful settlement of that liberated country's problems. They could repatriate Japanese prisoners of war from Siberian camps. They could refrain from subverting the efforts of the newly independent states of Asia and their native leaders to solve their problems in their own way. USE OF FORCE With regard to the whole group of countries which we are accus- tomed to think of as the satellite area, the Soviet leaders could with- draw their military and police force and refrain from using the shadow of that force to keep in power persons or regimes which do not com- mand the confidence of the respective peoples, freely expressed through orderly representative processes. In other words, they could elect to observe, in practice, the declaration to which they set their signatures at Yalta concerning liberated Europe. In this connection, we do not insist that these governments have any particular political or social complexion. What concerns us is that they should be truly independent national regimes, with a wil of their own and with a decent foundation in popular feeling. We would like to feel, when we deal with these governments, that we are dealing with something representative of the national identity of the peoples in question. We cannot believe that such a situation would be really incompatible with the security of the Soviet Union . This is a question of elementary good faith, and it is vital to a spirit of confidence that other treaties and other agreements will be honored. Nothing would so alter the international climate as the holding of elections in the satellite states in which the true will of the people could be expressed. The Soviet leaders could drop their policy of obstruction in the United Nations and could instead act as if they believe the United Nations is, as Stalin himself has recently called it, a serious instru : mentality for the maintenance of international peace and security . They are simply not acting that way now. Their policy of walk-out and boycott is a policy that undermine the concept of majority decision. Indeed, they seem deliberate to entrench themselves in a minority position in the United Nations This was illustrated last fall when they voted against the Essential of Peace Resolution 2 which solemnly restated and reaffirmed the principles and purposes of the United Nations Charter and which Soviet Union, whereas we ourselves have generally been on 1 Protocol of Proceedings of Feb. 11, 1945; A Decade of American Foreign Polish 8 1 OBSTRUCTION IN THE UNITED NATIONS { 1 ( ] f 1 the peace. :) the ( pp. 27-32. Records, Fourth Session, Resolutions (Ả/1251), p. 13. THE SOVIET UNION 1933 . F 9 S S 1 e Government stands in an outward state of friendship and respect. The Soviet leaders could cooperate with us to the end that the official representatives of all countries are treated everywhere with decency, and respect and that an atmosphere is created in which these Tepresentatives could function in a normal and helpful manner, con- forming to the accepted codes of diplomacy. majority side. There is nothing artificial about this situation. It has not been the result of any sleight of hand or pressures on our The part. We do not have any satellites whose votes we control. significant fact is that proposals which have commended themselves to a majority of the members of the United Nations have also com- mended themselves to us. Let the Soviet Union put forward in the United Nations genuine proposals conducive to the work of peace, respectful of the real independence of other governments, and appreciative of the role which the United Nations could and should play in the preservation of world stability and the cooperation of nations. They will, then, o doubtless have a majority with them. We will rejoice to see them in such a majority. We will be pleased to be a member of it ourselves. EFFECTIVE CONTROL OF ATOMIC ENERGY The Soviet leaders could join us in seeking realistic and effective arrangements for the control of atomic weapons and the limitation of armaments in general. We know that it is not easy for them, under their system, to contemplate the functioning on their territory of an authority in which people would participate who are not of I their political persuasion. If we have not hesitated to urge that they as well as we accept this requirement it is because we believe that a spirit of genuine responsibility to mankind is widely present in this world. Many able administrators and scientists could be found to operate such an authority who would be only too happy, regardless of political complexion, to take an elevated and enlightened view of the immense responsibility which would rest upon them. There are men who would scorn to use their powers for the negative purpose of intrigue and destruction. We believe that an authority could be established which would not be controlled or subject to control by either ourselves d or the Soviet Union. ATTEMPTS AT UNDERMINING ESTABLISHED GOVERNMENTS The Kremlin could refrain from using the Communist apparatus controlled by it throughout the world to attempt to overthrow, by subversive means, established governments with which the Soviet prevent , indirect aggression across national frontiers--a mode of conduct which is inconsistent with the spirit and the letter of the PROPER TREATMENT OF DIPLOMATIC REPRESENTATIVES 1. q le t of l- 1 Il United Nations Charter. Il 12 1934 AMERICAN FOREIGN POLICY, 1950-1955 DISTORTION OF MOTIVES OF OTHERS achieve binding, peaceful settlements would be required of all partie Nor have they been formulated as a one-sided bargain. A wil to! good faith. All would have to accept agreements in the observant The standards of conduct of our own representatives are know from more than a century and a half of American diplomatic expe . rience. These standards are such that all countries which have accepted our representatives in a spirit of respect and confidence over periods of many decades have certainly remained none the worse for it. The independence of those countries has not been under- mined; their peoples have not been corrupted; their economies here not been scathed by sabotage. When we now find our representatives treated as criminals, wher we see great official propaganda machines reiterating that they are sinister people and that contact with them is pregnant with danger- we cannot believe that such insinuations are advanced in good faith , and we cannot be blind to the obvious implications of such an attitude In general, the Soviet leaders could refrain, I think, from system- atically distorting to their own peoples the picture of the world outside their borders, and of our country, in particular. We are not suggesting that they become propagandists for any country or system other than their own. But the Soviet leaders know and the world knows with what genuine disappointment and concern the people of this country were brought to the realization that the wartime collaboration between the major Allies was not to be the beginning of [a] happier and freer era in the association between the peoples of the Soviet Union and other peoples. What are we now to conclude from the morbid fancies which their propaganda exudes of a capitalist encirclement, of a United States craftily and systematically plotting another world war? They know , and the world knows, how foreign is the concept of aggressive war to our philosophy and our political system. They know that we are not asking to be the objects of any insincere and effusive demonstration of sentimental friendship. But we feel that the Soviet leaders cock at least permit access to the Soviet Union of persons and ideas from other countries so that other views might be presented to the Russian people. These are some of the things which we feel that the Soviet leader could do, which would permit the rational and peaceful developmen of the coexistence of their system and ours. They are not things to go to the depths of the moral conflict. They are not things that promo ise the Kingdom of Heaven. They have been formulated by us , no as moralists but as servants of government, anxious to get on with di manner consistent with mankind's deep longing for a respite from fall and uncertainty. ] S t of which all riations could have real confidence. THE SOVIET UNION 1935 GREATER SECURITY THROUGH COOPERATION The United States is ready, as it has been and always will be, to cooperate in genuine efforts to find peaceful settlements. Our attitude is not inflexible, our opinions are not frozen, our positions are not and will not be obstacles to peace. But it takes more than one to co- operate. If the Soviet Union could join in doing these things I have outlined, we could all face the future with greater security. We could look forward to more than the eventual reduction of some of the present tensions. We could anticipate a return to a more normal and relaxed diplomatic atmosphere and to progress in the transaction of some of the international business which needs so urgently to be done. I fear, however, that I must warn you not to raise your hopes. No one who has lived through these postwar years can be sanguine about reaching agreements in which reliance can be placed and which will be observed by the Soviet leaders in good faith. We must not, in our yearning for peace, allow ourselves to be betrayed by vague generalities or beguiling proffers of peace which are unsubstantiated by good faith solidly demonstrated in daily behavior. We are always ready to discuss, to negotiate, to agree, but we are understandably loath to play the role of international sucker. We will take the inizia- tive in the future as we have in the past in seeking agreement whenever there is any indication that this course would be a fruitful one. What is required is genuine evidence in conduct, not just in words, of an intention to solve the immediate problems and remove the tensions. which divide us. I see no evidence that the Soviet leaders will change their conduct until the progress of the free world convinces them that they cannot profit from a continuation of these tensions. So our course of action in the world of hard reality which faces us is not one that is easily charted. It is not one which this nation can adopt without consideration of the needs and views of other free nations. It is one which requires all the devotion and resolve and wisdom that can be summoned up. We have had, and continue to have, the assistance and advice of distinguished leaders in all walks of life . We have the benefit of the great public discussion which has been proceeding in the democratic way, by free inquiry and free expres- It is my purpose in talking with you to point a direction and to define the choices which confront us. We need to stand before the world with our own purpose and position clear. We want peace, but not at any price. We are ready to negotiate, but not at the expense of rousing false hopes which would be dashed by new failures. We are equally determined to support all real efforts. for peaceful settlements and to resist aggression. sion. TASK FOR TOTAL DIPLOMACY The times call for a total diplomacy equal to the task of defense against Soviet expansion and to the task of building the kind of world in which our way of life can flourish. We must continue to press . 1936 AMERICAN FOREIGN POLICY, 1950–1955 ahead with the building of a free world which is strong in its faith and in its material progress. The alternative is to allow the free nations to succumb, one by one, to the erosive and encroaching processes of Soviet expansion. We must not slacken, rather we must reinvigorate, the kind of democratic efforts which are represented by the European Recovery Program, the North Atlantic ? and Rio Pacts, the Mutual Defense Assistance Program, 4 the Point 4 Program 5 for developing the world's new workshops and assistance in creating the conditions necessary to a growing, many-sided exchange of the world's products. We must champion an international order based on the United Nations and on the abiding principles of freedom and justice, or accept an international society increasingly torn by destructive rivalries. We must recognize that our ability to achieve our purposes cannot rest alone on a desire for peace but that it must be supported by the strength to meet whatever tasks Providence may have in store for us. We must not make the mistake, in other words, of using Soviet conduct as a standard for our own. Our efforts cannot be merely reactions to the latest moves by the Kremlin. The bipartisan line of American foreign policy has been and must continue to be the con- structive task of building, in cooperation with others, the kind of world in which freedom and justice can flourish. We must not be turned aside from this task by the diversionary thrusts of the Soviet Union. And if it is necessary, as it sometimes is, to deal with such a thrust or the threat of one, the effort should be understood as one which, though essential, is outside the main stream of our policy. Progress is to be gained in the doing of the constructive tasks which give practical affirmation to the principles by which we live. The success of our efforts rests, finally, on our faith in ourselves and in the values for which this Republic stands. We will need courage and steadfastness and the cool heads and steady nerves of a citizenry which has always faced the future "with malice toward none, with charity for all, with firmness in the right as God gives us to see the right, t 13 6 1 See A Decade of American Foreign Policy, pp. 1268–1327. 2 Treaty of Apr. 4, 1949; súpra, pp. 812-815. 3 Treaty of Sept. 2, 1947; suprá, pp. 789–796. 4 See A Decade of American Foreign Policy, pp. 1356–1364. 5 See ibid., pp. 1366–1372. President Lincoln's second inaugural address, Mar. 4, 1865; James Richardson, A Compilation of the Messages and Papers of the Presidents, 1789-1897 (Washington, 1897), vol. VI, pp. 277-278. P THE SOVIET UNION 1937 due to Soviet intransigence and the unreliability of its word. brought up to date the document submitted by the Department of State to the - Department of State Bulletin, July 3, 1950, pp. 8–12. Senate Committee on Foreign Relations on June 2, 1948; A Decade of American Foreign Policy, pp. 920-933. ? See Protocol of Proceedings, ibid., pp. 27–34. 3 Ibid., pp. 34-50. " Treaties of Feb. 10, 1947, with Bulgaria, Hungary, and Rumania; 61 Stat., 5 Armistice agreements of Sept. 12, 1944, with Rumania (A Decade of American Jan, 20, 1945, with Hungary (ibid., pp. 494 ff.). 2. SOVIET VIOLATIONS OF TREATIES AND AGREEMENTS: Department of State Memorandum, June 1950 1 The instability of peace the world over is due, in large measure, to deliberate Soviet policy and actions and to the wholesale Soviet violation of basic agreements. Because of the U.S.S.R.'s record in ignoring its international pledges, the faith of the world in Soviet signatures had been badly shattered. Whether it be the Yalta Agreement or a treaty of friendship, the U.S.S.R. has chosen to ignore its sworn commitments whenever it has found such action advantageous for its own purposes. As it ruthlessly pursues its expansionist objectives in the postwar world, the Soviet Union is building up a reputation as an irresponsible international marauder. Before the court of world opinion, it stands indicted for disregarding its international treaties and agreements, openly fiouting protocols and promises, and encouraging violations of basic human rights by other treaty signatories. Because of its policy of refusal to work in concert with other nations, its preference for abrupt and unauthorized unilateral action, and its apparent deter- mination to impose its will upon the world, the value of agreements with the Soviet Union has been nullified. From Yalta to the present, tae broken pledges of the U.S.S.R. have marked international relations. A review of this record is worthwhile. The uncertain peace of postwar Europe is primarily due to the fact that the Russians have deliberately undermined the foundations upon which peace was to be built. The Soviet Union has violated the agreement of February 1945,2 the Potsdam Declaration of July 1945 (Protocol of Proceedings of the Potsdam Conference of August 1, 1945), and the peace treaties so far concluded with the ex-German satellites. Soviet violation of Allied armistice agreements, refusal to act in concert with the other Allies on control commissions, and even the ignoring of the decisions of the Council of Foreign Ministers can be added to those. The fact that the framework of peace has hever been completed, that Austria still pleads for a treaty, and that the settlement of the German question still plagues Europe is also This memorandum 487 ff.); Oct. 28, 1944, with Bulgaria (ibid., pp. 482 ff.); and EUROPE Yalta pt. 2, pp. 1757-2229. Foreign Policy, pp. 415900m-57----Vol. 2.19 1938 AMERICAN FOREIGN POLICY, 1950–1955 THE YALTA AGREEMENT GI de ing tre an When the Big Three met at Yalta in February 1945, the three Governments, the United States, the United Kingdom, and the U.S.S.R., agreed to assist liberated people to form ''interim govern- ment authorities broadly representative of all democratic elements in the population and pledged to the earliest possible establishment through free elections of governments responsive to the will of the According to James F. Byrnes, former Secretary of State , Stalin accepted the Yalta agreement without serious discussion and in an atmosphere of genial camaraderie. Yet, Soviet action has consistently undermined and made meaningless this fundamental declaration. ha. W people." VI 9. aul thi reg COL HUS THE POTSDAM DECISIONS AND THE CONTROL COUNCIL The Potsdam Declaration of July 1945 (Protocol of Proceedings of u. the Potsdam Conference of August 1, 1945] aimed at the ultimate creation of a unified, democratic Germany. To achieve this aim, the powers represented at the conference committed themselves to bu the destruction of German militarism, the wiping out of nazism, the All punishment of war criminals, the decentralization of the political | infi structure of Germany, and the dissolution of concentrations of 1 for economic power. A new democratic German government was to be developed under the supervision of an Allied Control Council (Acc), and the four Allied zone commanders were to enjoy absolute sovereignty in their respective zones unless their powers were pre- Go empted by Acc legislation. Besides dealing with Germany, the United States, the United Kingdom, and the Soviet Union agreed at of Potsdam, among other things, to consult with each other with a view to revising the procedures of Allied Control Commissions for Rumania , the: Bulgaria, and Hungary. The lack of success of the program formulated at Potsdam can laid at the door of the Soviet Union. From the inception of the Potsdam protocols, the U.S. S. R. has a record of wholesale violation of the agreement, refusal to abide by decisions of the Control Councils, and flagrant usurpation of power on the Control Councils in the of satellite area. C ana 3 be Fre in tim pro Fre mer GERMANY thre 1 110 Moreover, in dealing with Germany, the Soviet Union has readily of disregarded promises, made at meetings of the Council of Foreign indi Ministers (CFM). By a CFM decision reached at Moscow, March 19- April 24, 1947, all German prisoners of war were to be repatriated by December 1 [31], 1948.4 The U.S.S.R. not only did not return · See Speaking Frankly, by James F. Byrnes (New York and London, 1947) , ratie 2 See Protocol of Proceedings, Aug. 1, 1945; A Decade of American Foreign July Policy, pp. 36–42. 3 See ibid., p. 45. * Agreement of Apr. 23, 1947; Department of State Bulletin, Jan. 16, 1949, p. 78. For other documents on 'this question, see infra, pp. 2059–2066. were p. 32.. 35 Fore THE SOVIET UNION 1939 a n t e Freedom of expression and of press and publication no longer exist Freedom of political opinion is also violated by the forceful elimination three Governments with having violated the human-rights obligations indicated their unwillingness to adopt the requested remedial meas- Communiqué of June 21, 1949; A Decade of American Foreign Policy, pp. .? The treaties entered into force on Sept. 15, 1947, when instruments of ratification by the United States, the United Kingdom, and the Soviet Union were deposited at Moscow. The United States had ratified the treaties on'. 3 See the American notes to the three governments; A Decade of American Foreign Policy, pp. 1159–1165. German prisoners by that date, but she unilaterally announced a new deadline of January 1, 1950. Under the Paris CFM communiqué of June 20, 1949, each occupy. ing power in Germany agreed to insure the "normal functioning of transport between Berlin and the zones as well as between the Soviet and Western zones. Since January 13, 1950, the Soviet authorities have intermittently interfered with traffic between Berlin and Western Germany. VIOLATIONS OF THE PEACE TREATIES ] Upon ratification of the treaties of peace with Hungary, Bulgaria, and Rumania, on September 15, 1947, the armistice period and the authority of the Allied Control Commissions came to an end. On this date , the treaties entered into force, and the three Governments regained a type of nominal sovereignty. In fact, however, the U.S.S. R. continued to exercise tutelary powers over them. In consequence, the implementation of the treaties is characterized by subservient fulfillment with regard to obligations toward the U.S.S.R. but by evasion, delay, and violations with reference to the Western Allies. The Soviet Union condones and in many cases abets these 1 infringements and, as the tutelary power, must bear responsibility 1 Under the peace treaties, the Hungarian, Bulgarian, and Rumanian Governments undertook 'to guarantee the enjoyment of human rights and fundamental freedoms, including freedom of expression, of press and publication, of religious worship, of political opinion, and of public meeting. The U.S.S.R. directly aided and abetted these Governments in failing to fulfill these human rights clauses. In any of these countries. Freedom of worship is interfered with time and again, either through subtle methods or through drastic procedures such as the trials and imprisonments of church leaders. On April 2, 1949, the United States and Great Britain charged the All three Governments f for them. HUMAN RIGHTS 1 ** 3 } ments of these countries. { 1 1 110-112. 1 July 14, 1947. 1940 AMERICAN FOREIGN POLICY, 1950-1955 8 United States called upon the United Kingdom and U.S.S.R. to hold pp. 1167–1169); the Rumanian note of Apr. 18, 1949 (ibid., pp. 1169-1170; and 1949 (Department of State Bulletin, June 12, 1949, p. 755) and Acting Secretari/ 4 See Acting Secretary of State Webb's statement of June 15, 1949 (ibid, ures. 1 The United States and the United Kingdom thereupon informed them ? that in the British and American view a dispute had arisen concerning the interpretation and execution of the peace treaties. Under the treaties, any dispute concerning the execution of the treaties, which is not settled by diplomatic negotiations, should be referred to the heads of the United States, United Kingdom, and U.S.S.R. missions in the three countries. On May 31, 1949, the a meeting of the three heads of mission in each country to settle the disputes which had arisen over noncompliance with the human- rights clauses. The Soviet Union, in a note of June 11, 1949, refused to participate in the meetings, contending that no such disputes had arisen and that there was, therefore, no reason for such a meeting , A second United States note, delivered June 30, 1949,5 expressed regret for the Soviet Union's disregard of the provisions of the treaties and again asserted that disputes did exist between the United States and the three satellite Governments. In a memorandum dated July 19, 1949,8 the Soviet Union reaffirmed its previous contention and, since that time, has consistently refused to participate in 8 meeting on the matter. By its stand, the Soviet Union violates the disputes clause of the peace treaties and the offending countries are encouraged to continue systematically and willfully to violate their treaties. Besides the flagrant violations of the human-rights clauses, there have been other treaty violations. In each instance, the attitude of the Soviet Government is to condone the violation. Under article 10 of her treaty, Hungary undertook to honor ber prewar bilateral treaties with the Allied and Associated Powers provided that the other contracting party notified the Hungarian Government, within a period of 6 months of the coming into force of the peace treaty, that she desired to keep in force or revive the bilateral treaty, in question. Among the prewar treaties coming under the provisions of this article was the Treaty of Friendship, Commerce and Navigation of 1925 between the United States and Hungary. Although the United States Government duly notified Hungary , within the prescribed 6-month period, that she desired to keep bilateral treaty in force, the Hungarian Government has evaded and 1 See the Hungarian note of Apr. 8, 1949 (A Decade of American Foreign Policy the Bulgarian note of Apr. 21, 1949 (ibid., pp. 1165–1167). 2 See the American notes of May 31, 1949, to the three governments; ibid. pp. 1171-1173. 3 See the statement released to the press by the Department of State on June - of State Webb's statement of the same daté (ibid., p. 759). 8 I As a fi C HUNGARY B mi si this HI Or Cf. June 26, 1949, pp. 824-825). 5 Ibid., July 11, 1949, pp. 29-30. 6 Not printed. y Treaty of June 24, 1925; Treaty Series (TS) 748 (44 Stat. 2441). THE SOVIET UNION 1941 | Kingdom their rights, under the terms of the treaty, to information ? Documents on International Affairs, 1947-1948 (London, 1952), pp. 389-397; treaty. In addition, the U. S. S. R., by negative and extremely dilatory acts, is tolerating Bulgarian failure to reduce these forces to the limits prescribed in article 10 [9]. The U. S. S. R., by negative and obstructionist tactics, aided and abetted the Bulgarian Govern- organizations, i. e., the militia and the use of this organization by the Bulgarians to violate both the spirit and letter of article 2, the human- rights clause of the treaty. The U.S.S. R. encourages the Bulgarian Government to deny the Governments of the United States and United 1 See infra, pp. 2117-2119 and 2120-2121. cf. the Yugoslav reply of June 29, 1948 (ibid., pp. 397-404). refused to fulfill its obligations under article 10 in at least two notable instances: first, in the seizure of United States property; and second in the arrest and trial of two American citizens, Robert Vogeler and Israel Jacobson, who were held incommunicado without access to United States consular officers. Under article 23 of the peace treaty, Hungary undertook to pay the sum of 100 million dollars as reparations to Czechoslovakia and Yugo- slavia. On February 27, 1949 (after the Moscow-inspired Comin- form declaration of June 28, 1948, against Yugoslavia), the Yugoslav Minister to Hungary delivered a note to the United States Legation at Budapest stating that the Hungarian Government had failed to abide by article 23 of the treaty and that, as a result of the ill will of the Hungarian Government, the enforcement of article 23 could not be carried out by direct negotiations between the two Governments. The Hungarian Government has, to this day, refused to comply with article 23 of the treaty, and the Soviet Government has refused to par- ticipate in a meeting of the three heads of mission at Budapest, pro- vided for in article 40 of the treaty for the settlement of disputes which cannot be solved by direct negotiation. Under article 28 [26] of the treaty, Hungary undertook to restore all legal rights and interests of the United Nations and their nationals, as they existed on September 1, 1939, as well as to compensate such persons for property loss and war damage. The Hungarian Govern- ment has given no indication that she intends to compensate American citizens . On November 8, 1949, the United States Legation at Budapest transmitted to the Hungarian Minister for Foreign Affairs four new claims and additional evidence with regard to 116 previous claims." Although Hungary has acknowledged receipt of the note, she has taken no action to fulfill these claims. The U. S. S. R. has openly aided and abetted the Bulgarian Govern- ment in failing to fulfill completely or in totally ignoring treaty provi, sions limiting the armed forces. The Soviet Union accomplished this fact by supplying Bulgaria with arms, ammunition, and equipment in excess of those needed for the armed force stipulated by the peace : BULGARIA } 3 Not printed. 1942 AMERICAN FOREIGN POLICY, 1950–1955 RUMANIA va signer of the United Nations Charter, the U. S. S. R. subscribed to State, or in any other] manner inconsistent with the purposes of the United pertaining to the Bulgarian armed forces or the right to gather such information by investigation. The Soviet Government declined the United States United Kingdom invitation to name a Soviet repre sentative to participate in a proposed survey of the Greco-Bulgarian border.1 It, thereby, encouraged the Bulgarian the Bulgarian Government's reply 2 that, under the terms of the peace treaty, the matter should be referred to the United States, United Kingdom, and U.S.S.R. diplomatic missions. (The Soviet Government had already refused to participate in any such conventions under article 36 of the peace treaty to settle disputes concerning the interpretation or execution of the Bulgarian peace treaty.) As in Bulgaria, the Soviet Government has consistently refused to cooperate with American and British chiefs of mission to consider the principles involved in the implementation of the military clauses of the peace treaty with Rumania. Both the Soviet and British chieis of mission agreed to a meeting on this matter, scheduling it for Mar 18, 1948. However, the Soviet Ambassador cancelled the scheduled meeting, saying that he was "indisposed," and, on May 26, 1948, be addressed a notes to the American Minister stating that there was no necessity for the proposed meeting and no reason for putting the proposal into effect. ' Thus, the Rumanian Government has felt fre: to violate the military provisions of the peace treaty. VIOLATIONS OF AGREEMENT WITH IRAN Soviet-Iranian relations are based formally on the treaty of friend ship of February 26, 1921,- which was reaffirmed in 1928 [1921) Article IV of this treaty states: In consideration of the fact that each nation has the right to determine free its political destiny, each of the two contracting parties formally expresses il desire to abstain from any intervention in the internal affairs of the other. In 1942, the U. S. S. R., United Kingdom, and Iran signed a treaty. alliances in which the two large powers agreed to respect the territores Tehranº declaration, the U. S. S. R., United Kingdom, and the integrity,, sovereignty, and independence of Iran. In the 1998 United States expressed their desire for the maintenance of the independence, sovereignty, and territorial integrity of Iran. Asal .:) article II (par. 4), which states: All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of an Nations. 1 Not printed. 2 Not printed. 3 Not printed. 4 British and Foreign State Papers, vol. 114, pp. 901 ff. 5 Treaty of Oct. 1, 1927; League of Nations Treaty Series, vol. 112, p. 6 Treaty of Jan. 29, 1942; British and Foreign State Papers, pp. 1017 f. ? Declaration of Dec. 1, 1943; A Decade of American Foreign Policy, pp. 1 1 276 fr. THE SOVIET UNION 1943 1 5 11 0 18 of 18 persons, motor, rail transport, and coastwise shipping between the Korea refused to discuss or implement this agreement and resisted barter basis. No regularized movement of persons or transport was 1 Department of State Bulletin, Dec. 9, 1945, pp. 934-935. · U.N. press release 52, Jan. 19, 1946. 4 Agreement of Dec. 27, 1945; A Decade of American Foreign Policy, p. 63. New York Times, Dec. 7, 1946, p. 8. The U.S.S.R., in her relations with Iran, has violated all of these solemn commitments. The Soviet Government, in a note to the United States on November 29, 1945, admitted that Soviet forces in Iran had prevented Iranian troops from taking action after the outbreak against the Iranian Government in northern Iran. This Soviet action at least indirectly aided the Azerbaijan separatists and, thus, constituted interference in the internal affairs of Iran, in violation of its 1921 pledge of friend- ship. Furthermore, violations of the tripartite treaty occurred both during and after World War II. By supporting the Azerbaijan separatists while occupying Iran and by its refusal to evacuate its troops except under United Nations pressures, the U. S. S. R. violated the Tehran declaration. The Iranian appeal to the Security Council in January 1946 ? and its notification to the Council on December 5, 1946, that the U. S. S. R. had warned Iran to refrain from moving troops into Azerbaijan were both based upon charges of Soviet interference in the internal affairs of Iran in violation of the United Nations Charter. Moreover, the Soviet radio has repeatedly attacked the Iranian Government on false grounds, has incited the Iranian people to violent action against the government, and has given sup- port to the illegal Tudeh Party. VIOLATION OF AGREEMENTS INVOLVING THE FAR EAST The Soviet Government openly violated the joint United States- U.S. S. R. Moscow agreement for the reestablishment of Korean independence and the economic recovery of the country. The two powers were to consult in the preparation of proposals for the formation of a provisional Korean government. The U. S. S. R, representative on the Joint Control Commission consistently refused to allow such consultation except under unilateral interpretations of the phrase "democratic parties and social organizations” which, in each case, would have excluded all but pro-Soviet political groups. Moreover , the Soviet delegation refused to consult with Korean groups whose representatives had at any time expressed opposition to the provision for placing Korea under trusteeship, as envisaged in The Joint Commission agreed to reestablish the movement of country. Concessions to economic coordination were made only on a ES ne P8 KOREA 13 lll jel the Moscow agreement. Of 219 1944 AMERICAN FOREIGN POLICY, 1950-1955 JAPAN rather than destroy, international relationships based on the principles 2 See Geneva Conventions of August 12, 1949, for the Protection of War Victim 3 Delivered before the U.S. Chamber of Commerce, Washington, D.C.; Departe established beyond that allowed the United States to supply her outposts that were accessible only by roads through Soviet-occupied territory. In the terms of the Potsdam Declaration, defining the conditions for the Japanese surrender, Japanese military forces, after being completely disarmed, were to be permitted to return to their homes "with [the] opportunity to lead peaceful [and] productive lives: On December 8, 1949, the U. S. S. R. signed the Geneva Prisoners of War Convention, setting forth the rights and obligations of countries holding prisoners of war.? TASS, the official Soviet news agency, on May 20, 1949, declared that there were 95,000 Japanese prisoners of war in Soviet-held territory still awaiting repatriation. According to Japanese figures an additional 376,929 Japanese were then still under Soviet control The discrepancy is explicable either by continued detention of Japanese prisoners or an abnormally high death rate. The U.S. S. R. refuses to give any information on the matter and has walked out of Control Council meetings in which the problem was broached. 3. DEFENDING THE PEACE FROM SOVIET THRUSTS: Address by the Secretary of State, April 30, 1951 3 The common interest around which your organization is built i one which goes right to the heart of what we are trying to achieve in the world through our foreign policy. Your organization is one of the major expressions of America's great productive power, and, though there may be differences et opinion about many things, I think all of us will agree that this great productive power of ours is one of the key factors, and perhaps the most important single factor, on which the peace of the world today 1 depends. Although we are blessed with the greatest productive capacity in 1 all the world, we dare not forget that there are other important com centrations of industrial production in the world. Fortunately , most of the other important concentrations are in the hands of those who share our basic purposes. This means that a preponderance of i dustrial power is in the hands of nations who are trying to bui of the United Nations. Now, your Government is asking you to devote a substantial share and an increasing share, of this great productive capacity to turning 1 See A Decade of American Foreign Policy, pp. 49–50. 1 (Department of State publication 3938; 1950), pp. 84–161. ment of State Bulletin, May 14, 1951, pp. 766–770. } 1 t. t f f THE SOVIET UNION 1945 Now, even if we were to leave aside all the considerations of our friendship and concern for the people who would be enslaved in this expansion of Soviet power and were to take the narrowest view of our own national security, we would still be faced with that fact that these two thrusts by the Soviet power system would not be compatible from adding the resources and the productive concentrations in West- defense program in the present period to prevent the Soviet system ern Europe and in Asia to its own war-making machine. This is not 1 out items that contribute to the defensive strength of this and other free nations. All of us wish that it were not necessary to do this. We would all much rather be turning out things that are creative and constructive, things that make life better for people, rather than weapons of war. And, we all wish that we could devote a larger portion of our energies to our great constructive programs to assist other free peoples to move toward better standards of living. This is the kind of thing we Americans traditionally prefer to do. But instead, we are called upon to devote some 15 to 20 percent of our national output to the urgent necessities of military defense. What I would like to discuss with you today is why this has become necessary and what it is this nation is seeking to do with this strength you are helping to build. ol US shevik conspiracy defensive strength. 15 II MENACE OF SOVIET THRUSTS In the 54 years that have passed since the end of the war, the men who control the destinies of the Soviet Union have continued to press forward not only with the traditional territorial aspirations of Old Russia but also with the revolutionary aims for world rule of the Bol- This is the threat which requires the rest of the world to build By a combination of a ruthless control system over their own people and false promises to the discontented in many other lands, the men who run this vast conspiracy have been reaching out for more power. And, what is most important for us to understand is that they are reaching out for those critical centers of power which will give them leverage over all the rest. The object of the Soviet reach for power in this period is to bring within the Soviet sphere of control two critical areas. One of these contains the great industrial capacity of Europe. The other is Asia with its resources, including the present and more important, the potential industrial capacity of Japan. With these areas under their control, the Soviet rulers believe that they could dominate the world. They would not only be in a strong position in the event of war but what also is just as important, they would be in a strong position to impose their will on the other parts of o the world without having to fire a shot. It is immediately clear that this would be a very dangerous condi- at le 11 1 D- ļ, tion for us and for all free people. BS 1946 AMERICAN FOREIGN POLICY, 1950–1955 1 See joint declaration of June 21, 1951, by the American, British, and French all that our defense program has to do, but it is, in broad strategie terms, the major task now required of it. Let us now take a closer look at what we are doing, with the strength which you are helping to build, to meet these two major Soviet thrusta in Europe and in Asia. MEETING THE THRUST IN EUROPE One arm of our security effort is seeking to meet the Soviet thrust against Europe. I am not going to review with you here all the details of the progress we are making under the North Atlantic Treaty Organization, and the setting up of General Eisenhower's headquarters and staff , and the operation of our military and economic aid program, and the steps which show the growing cohesion and strength of the European nations. I know that these are familiar to you and that your organiza- tion has been following these programs closely. What I do want to do is to step back and look at these efforts in the large, to see this European effort in great block poster colors, so that we can come away with a feeling for the whole pattern of what it is we are trying to do there. In the large, the people of Europe, with our help, are trying to harness their growing economic strength to the urgent need for an effective defense system, so that they and their resources and their skills and their industrial plants will not, either through attack or through subversion, fall into the hands of the Soviet rulers. Germany, as I indicated a moment ago, occupies a place of particular significance in this effort, because Soviet control over the Ruhr would put the Soviet rulers in a strong position to reach out for the rest of Europe. The Soviet rulers have long understood this simple strategic feet" The whole point of the Soviet tactics in the talks among the deputy Foreign Ministers at Paris' has been to retard, and if possible to pre S vent, the strengthening of the Western European defense system To do this, they have been trying to drive a wedge between the Allies by portraying themselves as the put-upon lovers of peace and by h characterizing our defense measures as aggressive. În they have been seeking to prevent the participation of Westem P Germany in the Western European defense system. The increased shrillness of the Soviet representative in the Paris talks, Mr. Gromyko, is in a sense the measure of the progress of ou defensive effort. If we weren't getting anywhere with the European defense program the Soviet representatives wouldn't be making a great noise about i. t] But as we make progress, as we eliminate the possibilities for easy conquest, we must be prepared for these propaganda blasts, for a w of nerves, for fake peace offensives. It is one of the inescapable features of this situation that, as he Deputies; supra, p. 1793. ti 0 D CI particular a: IT ai D d THE SOVIET UNION 1947 at e e S 11 appetite for aggression altogether. this European defense system to a level which approaches these allies in the North Atlantic Treaty Organization, in answer to sugges- I would like to say a word here on the cost of our assistance to our tions I have heard that this aid is an extravagance which should be Purely, in terms of the hard-headed question: How much security o eliminate the weaknesses which invite aggression, the tensions and the dangers of the immediate period may increase. h Since the only alternative to this course would be to remain at a disadvantage and ultimately lose all, we have no choice but to plug ahead, building our combined strength as steadily and as rapidly as we can. That is the only way to work our way through this period of danger. We have repeatedly said--and our record in these Paris discussions and on many previous occasions makes it clear that we mean what we say—that we are ready to negotiate in good faith now or at any time. But until we are met with equal good faith, and so long as this threat hangs over us, we cannot relax our efforts to build our common strength. One advantage that the people of Europe start with in building this defensive strength is the remarkable rate of economic recovery they have achieved from the destruction of the war. Great credit is due the people of Europe for this achievement. It does not in any way diminish from the luster of their accomplishment for us to acknowledge t the part our aid program has played in that recovery. Our economic aid program, which was carried forward, appropriately under the name of the Marshall Plan, has been a tremendous success. Make no mistake about that. The evidence of Europe's mounting productive output is not only a testimony to our enlightened and unprecedented effort to assist the people of Europe in rebuilding their war-shattered economy but it is also, even from à narrow interpreta- tion of our own self-interest, a good return on our investment in our national security. of The urgent problem that remains is to translate an adequate part of this economic potential into the tanks and the planes and the guns A good start has been made in this direction. But the Soviet military preparations have been going on steadily since the war, and Soviet satellite forces are being built up rapidly, to add to the Soviet capability for intimidation and attack. The best military minds of this country and of our European allies have been working to devise defense plans and create a defense program which will be adequate to the threat It is our goal to build a defense system which will inspire confidence irom being overrun. It is also our goal to attain a level of defense which will , together with our power, be sufficient to discourage the 0 0 11 I bolstering needed for defense. } I. $ 1 I I necessary goals l 1948 AMERICAN FOREIGN POLICY, 1950–1955 United Nations, and they sought, in so doing, to weaken the political Another purpose of this attack, which has made itself apparent, il will a dollar buy? It is evident that the aid we are furnishing our allies so multiplies our common security that it is in fact an economical use of resources. Our aid is not only an addition to the billions of dollars now in the military budgets of the European countries—but it is often a multi- plying factor. To take one example, 55 thousand dollars worth of copper and zinc supplied by us made possible the manufacture of 3.5 million dollars worth of antitank mines in Britain, Or, in another case, 300 thousand dollars worth of machine tools made it possible for France to produce almost 14 million dollars worth of air frames. Reduced to its simplest terms, our aid to Western Europe produces more security per dollar, faster, than we could possibly achieve our- selves. And, it is security which is vital both to us and to our European allies. We are well aware that the rapid fulfillment of our common defense program is certain to affect the civilian life, not only of our own people but of all the people with whom we are allied. Wherever careful planning and cooperation can moderate or equalize i : these burdens, we are endeavoring to bring this about. This is all part of the complex but essential process by which the combined defense system is now taking shape. Our progress up to this point has been sufficient, I believe, to justify b our confidence that, with time and with effort, we can build the strength of this European defense system sufficiently to prevent the Soviet thrust in this direction from achieving its aim. To do so is p b necessary to peace and to our security. THE PATTERN IN ASIA Now, let us look at the other major Soviet thrust and at what we W are doing about it. The purpose of this thrust is to put the Soviet empire in a position be to dominate all Asia, including control over Japan, with its alread large production and its larger potentialities, with its skilled poput fu tion and its strategic position. By linking the production of Japan to the manpower of China and the resources of Asia, the Soviet rulers would be in a strong position to redouble their pressure on the rest o the world. he To understand this purpose helps to make clear the meaning of the pr attack on Korea. This attack, carried forward by satellite troops, was designed in the So first instance to extend Communist control over the entire Koreai peninsula. To achieve this, they were willing to flout the authority of the are standing in the way of the Soviet ambitions. possible in Asia before our strength-in-being has been further buili u Cd W m Wi ar of tra $t1 1 2 A THE SOVIET UNION 1949 See Treaty of Sept. 1, 1951; supra, pp. 878–880. BE further strengthen the structure of peace in the Pacific. helping them to achieve and protect their freedom and to make tragedy of life behind the iron curtain, has not diminished. The Our friendship for the people of China, who are now suffering the structure of peace which we and our allies are building will never be 1 See Treaty of Sept. 8, 1951; supra, pp. 425-440. ? See Treaty of Sept. 8, 1951; supra, pp. 885-886. Statement of Apr. 18, 1951; Department of State Bulletin, Apr. 30, 1951, See Treaty of Aug. 30, 1951; supra, pp. 873–875. How are we dealing with this Soviet strategy for Asia ? Again here, as in our discussion of the thrust against Europe, I will not go into great detail about the steps we are taking. These details are familiar to you, and what I want to try to bring out is the pattern of our efforts. The objuctive of these efforts is to thwart the Soviet attempt to dominate Asia. It is our purpose to help the people of Asia protect their freedom and independence. One of the major lines of effort in this program is the writing of a peace treaty for Japan. The careful and able work of Ambassador John Foster Dulles has laid the basis for a Japanese peace treaty which will enable Japan to become an equal, peaceful, and self- sustaining member of the world community. It will also put the people of Japan in the best position to contribute to the independence of their country, which, as we have seen, is important to our security as well as to theirs. The people of Japan have earned our confidence by their steady and responsible course during these difficult months since the attack was launched against Korea, and we look forward to the establish- ment of permanent bonds of friendship between Japan and all other ne! In order that a power vacuum will not be created by a peace settle- ment with Japan, we are making cooperative arrangements, on the besis of mutual agreement, to insure the independence and the continued security of Japan. agreement is to be one of a series recently announced by the is President, which are intended as initial steps toward building the basis for security in the Pacific. Conditions in the Pacific area are substantially different from those which prevail in Europe, and the establishment of security arrange- ments similar to those in the North Atlantic area are not now feasible. We wish to help the peoples of the Pacific area in their efforts in any way we can, and the present and proposed security arrangements between ourselves and Japan and with the Philippines, Australia and New Zealand, to which the President referred, will, we hope, Our economic and military aid programs are another essential part of this total effort to maintain peace in the Far East. By demonstrating our friendship for the peoples of Asia and by bi progress against the poverty and misery which oppresses them, we he Soviet imperialist design, and we thereby strengthen our own security. free nations. 2 he! This We 01 to N 3 p. 699. 1950 AMERICAN FOREIGN POLICY, 1950–1955 program of building strength, and we need to build that strength t These are factors which cannot be ignored in thinking about whe complete until all the peoples who are now under the domination of the Kremlin are able to participate freely and independently. The Soviets are constantly probing for points throughout Asia at which penetration may be possible. Efforts to penetrate by economic and political means of subversion have now been supplemented by the use of armed invasion and war. Our military and economic aid programs have been adapted to meet the further threat posed by this Communist use of force . Supplementing the important aid programs which we had been developing in the Far East, additional military aid has been directed to those areas especially threatened by this military development. This includes additional aid to Formosa, the Philippines, and Indo- china. As the President declared following the Communist attack on Korea, the occupation of Formosa by Communist forces in these circumstances would be a direct threat to the security of the Pacific area and to United States forces in that area.1 The Seventh Fleet was ordered then to prevent any attack on Formosa. To supplement the defense of Formosa and insure that Formosa will not fall into hostile hands, we are providing increased military aid. The aid programs in the Far East meet not only such immediate security requirements as these but also give powerful support to our national security interest by helping the people of Asia lay the basi for stable and developing societies. It is important for us to ap- preciate that our humanitarian instincts and our own national security interests are both served by these programs. THE TEST OF STRENGTH IN KOREA Now, we come to the most direct military aspect of our efforts to deal with the Soviet thrust in Asia. This relates to what we and the other members of the United Nations are doing to stop the aggression in Korea. What I have already said should make it clear why it is important to our security that this attack in Korea be stopped in its tracks We have seen that this attack is part of a design to gain control ore all Asia. This attack is also intended to weaken the position of the United Nations, the United States, and others who stand in the war of Soviet ambitions. There are several other points which have emerged from our survey and which bear on this conflict in Korea. One is that this is not the only Soviet thrust we must bear in mind. The Soviets are using satellite troops for this aggression, keeping their own forces in reseri It would further their strategy if we were to expend our major streng against the forces and the territory of their satellites or if we were i neglect other vital interests in meeting this thrust. We have also seen that we need time to push ahead with together with our allies. ] it is we are doing in Korea. 1 Statement of June 27, 1950; infra, pp. 2539–2540. i ) { t 2 I OU! t THE SOVIET UNION 1951 The best way to do this is for us to continue firm in our determination of bringing this action to a successful conclusion. t LC 0 1 IC ht happens, the responsibility for it will rest squarely on the Kremlin Korea, if we don't flinch or get rattled, we shall have the best chance li we remain firm and steady on the course we are following in of Our objectives in Korea are very clear, and there should be no misunderstanding about them. In the simplest terms, we are trying to accomplish three things in Korea: 1. We are trying to stop this act of aggression. 2. We are trying to keep this conflict from spreading, to the extent that it is in our power to do so. 3. We are trying to restore peace and security to the area. d These have been our purposes from the beginning, and these have been the agreed purposes of the United Nations. The United Nations has never contemplated the use of force to accomplish its political objective in Korea, which is the establishment of a unified, inde- se pendent, and democratic country. A great deal has already been accomplished by the steadiness with which we have held to these purposes, and above all by the heroic devotion of our men in Korea and their fellow soldiers from other countries. We should not, in the course of the present debate, lose sight of these accomplishments: First, this act of aggression has not succeeded according to the ! Soviet plan, and whatever other actions were planned have been interfered with; Second, the defense against this aggression has served to arouse free men all over the world and has stimulated them to speed up their efforts to build a strong defense system; Third, new vitality has pulsed through the whole idea of collective security against aggression; And fourth, this device of satellite aggression has been thoroughly exposed, and its usefulness in other situations has been reduced. We knew last June, and we know today, that it was right and necessary to stand firm against this attack. If we had not, the whole spirit of resistance against the Soviet grab for power would have been weakened, perhaps fatally. Now, people are saying: this may be true, but how can the conflict in Korea be brought to an end ? There are two ways in which this situation in Korea may develop that the fighting may spread despite our efforts to limit it. Further acts of the aggressors could touch off world war. If this 50 be -15 to 0 22 S ar Il IN One il and its agents in Peiping. l The other is that the fighting may be brought to an end in Korea. to meet and repel the enemy until it becomes clear to him that his aggression cannot pay. There must be an end to the fighting, there must be concrete measures against the renewal of the attack, and there must be an abandonment by the enemy of his attempt to conquer the Republic of Korea. 1952 AMERICAN FOREIGN POLICY, 1950–1955 The other day at Paris, Mr. Gromyko was playing back to us some of the arguments he has been overhearing from this side of the Atlantic about Korea. He raised the question whether or not we are going to hold to our course in Korea with firm determination. Well, we are. But his intervention serves to remind us that, in thinking about this action in Korea, we have to keep always in mind the total world picture, and the whole threat we face. The ingredients of peace in the world must include: the resoluteness with which we hold to our course in Korea; the speed with which we build up our strength elsewhere in the world; the closeness of our common defense arrangements with our allies. As I said at the outset, the strength and the power you are helping to build are essential to our security and to world peace. But equally important is the strength of character and the steadiness of the American people. To win through to a period of peace in the world will require wisdom and courage and common sense from all of us. 4. AMERICAN FRIENDSHIP FOR THE SOVIET PEOPLE: Message From the President of the United States to the President of the Presidium of the Supreme Soviet Transmitting a Con- gressional Resolution, July 7, 1951 2 I have the honor of transmitting to you a resolution adopted by the Congress of the United States with a request that its contents be made known by your government to the people of the Soviet Union. This resolution expresses the friendship and good will of the American people for all the peoples of the earth and it also reempha- sizes the profound desire of the American Government to do every- thing in its power to bring about a just and lasting peace. As Chief Executive of the United States, I give this resolution my sincere approval. I add to it a message of my own to the Soviet people in the earnest hope that these expressions may help form & better understanding of the aims and purposes of the United States The unhappy results of the last few years demonstrate that formal diplomatic negotiations among nations will be largely barren wbile barriers exist to the friendly exchange of ideas and information among peoples. The best hope for a peaceful world lies in the yearning for peace and brotherhood which lies deep in the heart of every human being. But peoples who are denied the normal means of communica- tion will not be able to attain that mutual understanding which must IN. M. Shvernik. 2 Department of State Bulletin, July 16, 1951, p. 87. For the texts of the letter from the President of the Presidium of the Supreme Soviet of the U.S.S. R., dated Aug. 6, 1951, transmitting the Presidium's friendship resolution of this date, and of President Truman's message of Aug. 20, 1951, transmitting to the U.S. Com gress the Soviet communication, see ibid., 'Aug. 20, 1951, pp. 294–297, and Sept. 3, 1951, pp. 379-381. THE SOVIET UNION 1953 That the Congress of the United States reaffirms the historic and Whereas, in proof of this, the United States has offered to share all Whereas terrible danger to all free peoples compels the United States Whereas we rearm only with reluctance and would prefer to devote Resolved by the Senate (the House of Representatives concurring), ? See the section entitled “Findings and Declaration of Policy” of the Mutual Defense Assistance Act of 1949; A Decade of American Foreign Policy, pp. 1356 form the basis for trust and friendship. We shall never be able to remove suspicion and fear as potential causes of war until commu- nication is permitted to flow, free and open, across international boundaries. The peoples of both our countries know from personal experience the horror and misery of war. They abhor the thought of future conflict which they know would be waged by means of the most hideous weapons in the history of mankind. As leaders of their respective governments, it is our sacred duty to pursue every honorable means which will bring to fruition their common longing for peace. Peace is safest in the hands of the people and we can best achieve the goal by doing all we can to place it there. I believe that if we can acquaint the Soviet people with the peace aims of the American people and government, there will be no war. I feel sure that you will wish to have carried to the Soviet people the text of this resolution adopted by the American Congress. (Enclosure) Senate Concurrent Resolution 11 (82d Congress, 1st session), June 26, 1951 1 Whereas the goal of the American people is now, and ever has been, & just and lasting peace; and Whereas the deepest wish of our Nation is to join with all other nations in preserving the dignity of man, and in observing those moral principles which alone lend meaning to his existence; and that is good in atomic energy asking in return only safeguards against the evil in the atom; and Whereas the Congress reaffirms its policy as expressed in law "to continue to exert maximum efforts to obtain agreements to provide the United Nations with armed forces as contemplated in the Charter and agreements to achieve universal control of weapons of mass destruction and universal regulation and reduction of arma- ments , including armed forces, under adequate safeguards to pro- tect complying nations against violation and evasion”, and Whereas this Nation has likewise given of its substance and resources to help those peoples ravaged by war and poverty; and to undertake a vast prograin of armaments expenditures; and our energies to peaceful pursuits: Now, therefore, be it : 165 Stat. 369-370. 1357. 415900-57Vol. 2-20 1954 AMERICAN FOREIGN POLICY, 1950–1955 war; and benec. 24, 1951, pp. 1010-1011); Dec. 13, 1951 Cf, the Czechoslovak notes to the United abiding friendship of the American people for all other peoples, and declares- That the American people deeply regret the artificial barriers which separate them from the peoples of the Union of Soviet Socialist Repub- lics, and which keep the Soviet peoples from learning of the desire of the American people to live in friendship with all other peoples , and to work with them in advancing the ideal of human brotherhood; and That the American people believe the Soviet Government could advance the cause of peace immeasurably by removing those artifical barriers, thus permitting the free exchange of information between our peoples; and That the American people and their Government desire neither war with the Soviet Union nor the terrible consequences of such a That, although they are firmly determined to defend their freedom and security, the American people welcome all honorable efforts to resolve the differences standing between the United States Govern- ment and the Soviet Government and invite the peoples of the Soviet Union to cooperate in a spirit of friendship in this endeavor; and That the Congress request the President of the United States to call upon the Government of the Union of Soviet Socialist Republics to acquaint the peoples of the Soviet Union with the contents of this resolution. 5. REPLY TO SOVIET CHARGES REGARDING THE MUTUAL SECURITY ACT OF 1951: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, December 19, 1951 1 The United States Government categorically rejects the Soviet Government's allegations 2 that the Act 3 constitutes interference in the internal affairs of the U.S.S. R. or a violation of the undertakings in the Roosevelt-Litvinov correspondence of November 16, 1933. The Mutual Security Act, by its very title and by all its provisions, is clearly designed to strengthen the defense of the Free World and, as regards Europe, to support European freedom through assistance 1 Department of State Bulletin, Dec. 31, 1951, p. 1056. 2 See Soviet note of Nov. 21, 1951 (ibid., Dec. 3, 1951, pp. 910-911)_and state- ment of the same date by the Department of State (ibid., p. 910). For the de velopment of this campaign by the Soviet Union against the Mutual Security Program, see also statements by U. S. Representatives to the U.N. General (ibid., Jan. 28, 1952, pp. 128-129). Mar. 16, 1953, pp. 410-411); the American Notes to Czechoslovakia of Nov. 18, 1952 (ibid., Dec. 1, 1952, pp. 850-851) and Mar. 4, 1953 (ibid., Mar. 16 , 1958 pp. 409-410); and discussion of the question in the Political and Security Com: mittee of the General Assembly, Mar. 23-25, 1953 (ibid., Apr. 6, 1953, PP. 516). 3 Act of Oct. 10, 1951; 65 Stat. 373–387. See also infra, pp. 3059-3086. 4 Foreign Relations of the United States: The Soviet Union, 1933-1939, pp. 1-62 THE SOVIET UNION 1955 January 15, 1952, note No. 1130/PR of September 30, 1948,4 and The Secretary of State presents his compliments to His Excellency the Ambassador of the Union of Soviet Socialist Republics and has the honor to invite the Ambassador's attention to note No. 46/PR of Mar. 10, 1952, by the Department of State regarding travel restrictions in the ? Department of State Bulletin, Mar. 24, 1952, p. 451. See also statement of Soviet Union (ibid., p. 452). 4Department of State Bulletin, Oct. 24, 1948, p. 525. to the defense of the Nato countries. The provision of the Act to which the Soviet Government referred is intended to provide assistance for victims of oppression, when such assistance has been determined to contribute to the defense of the North Atlantic area. Assistance of this nature is in keeping with the traditional United States policy of helping victims of oppression, in this instance those Eastern Europeans who have escaped or may escape to the Free World. The United States Government denies the implication of the reference note that rendering assistance to refugees from oppression and refusal to return them to the oppressor governments constitutes subversion or interference in the internal affairs of those governments. As has been repeatedly made clear previously, the North Atlantic Treaty Organization was, in conformity with the Charter of the United Nations, established for defensive purposes only and has no aggressive aims. The Organization would not have been necessary if, since the end of World War II, the U.S. S. R. had not adopted an aggressive and threatening attitude toward the individual countries of the Free World, who have now joined in the North Atlantic Treaty Organization for their common defense. It is therefore obvious that any North Atlantic Treaty Organization assistance authorized by the Mutual Security Act is not, as alleged by the Soviet Government, designed for aggressive purposes against the U. S. S. R. or any other The Soviet note under reference clearly represents another of many attempts to disrupt particular aspects of the defense effort of the North Atlantic Treaty Organization by falsely charging for propa- ganda purposes that a specific facet of United States support for the objects of the North Atlantic Treaty Organization is aimed with aggressive intent against the U. S. S. R. The United States Government states in conclusion that false charges of interference in Soviet internal affairs come with singular il-grace from a regime which has for many years consistently supported subversive activities directed against the United States and other nations of the Free World. 6. TRAVEL RESTRICTIONS ON SOVIET OFFICIALS IN THE UNITED STATES: Note From the Secretary of State to the Soviet Ambassador at Washington, March 10, 1952 ? country, 1 3 1 S. 3 Not printed 1956 AMERICAN FOREIGN POLICY, 1950–1955 the note verbale dated May 16, 1941, addressed to the United States Embassy at Moscow by the Ministry of Foreign Affairs, the effect of which has been to restrict the travel in the Soviet Union of American diplomatic and consular officers, as well as of the other members of the staff of the American Embassy at Moscow. In view of the restrictions which have been placed upon the travel of American diplomatic and consular representatives and employees in the Soviet Union, the Government of the United States is con- strained to regulate the travel of Soviet personnel assigned to the Embassy in Washington, Soviet representatives of the official Soviet news agency, Tass, and Soviet representatives of other publicity media who are assigned for duty in Washington and Soviet official personnel assigned to Amtorg2 in New York. Effective immediately Soviet official personnel of the Embassy in Washington, Tass repre- sentatives and others who are Soviet citizens assigned for newspaper work in Washington are required not to travel to any point more than 25 miles distant from the center of Washington without previous official notification at least 48 hours in advance. Soviet official personnel assigned to Amtorg shall not travel to any point more than 25 miles distant from the center of New York City without previous official notification at least 48 hours in advance. In the case of Soviet civilian officials, the notification should be addressed to the Department of State; and in the case of Soviet mili- tary personnel to the appropriate Army, Navy or Air Force foreign liaison office. Notification should contain the name of each traveler , complete and detailed information concerning his projected travel, including itinerary, points of stopover, and duration of journey. The United States Government observes that by reason of the action of the Soviet Government in restricting the travel of United States official personnel in the USSR, it is compelled similarly to regulate Soviet Official personnel. At the same time the United States Gov. ernment states it is prepared to reexamine the question of travel regulations in the light of the treatment accorded United States official representatives in the Soviet Union. 7. RECALL OF THE AMERICAN AMBASSADOR: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, October 8, 1952 3 The receipt is acknowledged of the note of the Ministry of Foreign Affairs of October 34 informing the United States Government that the Soviet Government considers Ambassador George F. Kennan as persona non grata and requesting Mr. Kennan's immediate recall . The Soviet Government in its note bases its attitude on statements made on September 19 by Ambassador Kennan in Berlin to repre- 1 Department of State Bulletin, Oct. 24, 1948, p. 525. 2 Amtorg Trading Corporation, 3 Department of State Bulletin, Oct, 20, 1952, p. 603. 4 Ibid. THE SOVIET UNION 1957 1 See the statement by the Secretary of State at a press conference on Oct. 3, on Americans in Moscow (ibid., Oct. 13, 1952, p. 557). ? Department of State Bulletin, Mar. 2, 1953, pp. 353-354. sentatives of the press 1 wbich the Soviet Government characterizes as “slanderous attacks hostile to the Soviet Union in gross violation of generally recognized norms of international law.” Ambassador Kennan's statement accurately and in moderate lan- guage described the position of foreign diplomats accredited to the Soviet Government. It is this treatment of diplomatic representa- tives , systematically applied over a period of years by the Soviet Government, which grossly violates the traditions and customs in international intercourse developed over generations. In the light of the above, the United States Government cannot accept the charges made by the Soviet Government as constituting valid reasons for acceding to the request for the recall of Ambassador Kennan. 8. SUBJUGATION OF FREE PEOPLES BY THE SOVIET UNION: Letter From the President to the President of the Senate and the Speaker of the House of Representatives Transmitting a Draft Resolution, February 20, 1953 2 Dear Mr. President: Mr. Speaker: In my message to Congress of February 2, 1953, I stated that I would ask the Congress at a later date to join in an appropriate resolution, making clear that we would never acquiesce in the enslave- ment of any people in order to purchase fancied gain for ourselves, and that we would not feel that any past agreements committed us to any such enslavement. In pursuance of that portion of the message to Congress, I now have the honor to inform you that I am concurrently informing the Presi- dent of the Senate (the Speaker of the House) that I invite the con- currence of the two branches of the Congress in a declaration, in which I would join as President which would: (1) Refer to World War II international agreements or understand- ings concerning other peoples; (2) Point out that the leaders of the Soviet Communist Party who now control Russia, in violation of the clear intent of these agreements ou understandings, subjected whole nations concerned to the domina- tion of a totalitarian imperialism; (3) Point out that such forceful absorption of free peoples into an aggressive despotism increases the threat against the security of all remaining free peoples, including our own; 4. State that the people of the United States, true to their tradition and heritage of freedom, have never acquiesced in such enslavement of any peoples; 2 . 3 Supra, pp. 61-65. 1958 AMERICAN FOREIGN POLICY, 1950–1955 jec of the uni sha At] 9. t a cru teg peo for the: as H. J. Res, 200, 83d Cong., 1st sess., and, together with other draft resolutions (5) Point out that it is appropriate that the Congress should join with the President to give expression to the desires and hopes of the American people; (6) Conclude a declaration that the Senate and the House join with the President in declaring that the United States rejects any interpre- tations or applications of any international agreements or understand- ings, made during the course of World War II, which have been perverted to bring about the subjugation of free peoples and further join in proclaiming the hope that the peoples, who have been subjected to the captivity of Soviet despotism, shall again enjoy the right of self-determination within a framework which will sustain the peace; that they shall again have the right to choose the form of government under which they will live, and that sovereign rights of self-government shall be restored to them all in accordance with the pledge of the Atlantic Charter. I I am enclosing a form of draft resolution, which, in my opinion, carries out the purposes outlined above, and in which I am prepared to concur. (Enclosure) Draft Resolution 2 Whereas, During World War II, representatives of the United States, during the course of secret conferences, entered into various international agreements or understandings concerning other peoples ; and Whereas, The leaders of the Soviet Communist Party, who now control Russia, have, in violation of the clear intent of these agree- ments or understandings, subjected the peoples concerned including whole nations, to the domination of a totalitarian imperialism; and Whereas, Such forcible absorption of free peoples into an aggressive despotism increases the threat against the security of all remaining free peoples including our own; and Whereas, The people of the United States, true to their tradition and heritage of freedom, are never acquiescent in such enslavement of any peoples; and Whereas, It is appropriate that the Congress join with the President in giving expression to the desires and hopes of the people of the United States: Therefore be it Resolved, That the Senate and House concurring, Join with the President in declaring that the United States rejects any interpretations or applications of any international agreements or understandings, made during the course of World War II, which have been perverted to bring about the subjugation of free peoples, and further 1 A Decade of American Foreign Policy, pp. 1-2. 2 This draft resolution was later introduced in the House of Representatives was referred to the House Committee on. Foreign Affairs... Following hearing, none of these measures was reported out of committee. con acc T mal quia Our libe whi acco con bru Sery 1 peo ove inde the Rus the T by The slov Out nort B it ea Kre 1 as THE SOVIET UNION 1959 northern Habomai and Shikotan islands. slovakia, East Germany, Hungary, Bulgaria, Rumania, Albania, Outer Mongolia, Tannu Tuva, China, Korea (in part), and Japan's Kremlin has found it necessary to purge more than one-third of their 1 Department of State Bulletin, Mar. 9, 1953, pp. 372–373, Join in proclaiming the hope that the peoples who have been sub- jected to the captivity of Soviet despotism shall again enjoy the right of self-determination within a framework which will sustain the peace; that they shall again have the right to choose the form of government under which they will live; and that sovereign rights of self-government shall be restored to them all in accordance with the pledge of the Atlantic Charter. 9. DRAFT RESOLUTION ON THE SUBJUGATION OF FREE PEOPLES BY THE SOVIET UNION: Statement by the Secre- tary of State Before the House Foreign Affairs Committee, Febru- ary 26, 1953 1 The resolution proposed to the Congress by the President ? has one crucial, compelling aim. That aim is to make totally clear the in- tegrity of this Nation's purpose in relation to the millions of enslaved peoples in Europe and Asia. The resolution speaks to those who yearn for national and personal freedom and who fear that we may forget them. The resolution also speaks to the Soviet despots who have contrived this enslavement and who hope that we may come to accept it. To those enduring enslavement, and to those inflicting it, we would make our position clear and firm. We, as a people, never have ac- quiesced and never will acquiesce in the enslavement of other peoples. Our Nation, from its beginning, was and is inspired by the spirit of liberty. We do not accept or tolerate captivity as an irrevocable fact which can be finalized by force or by the lapse of time. We do not accommodate ourselves to political settlements which are based upon contempt for the free will of peoples and which are imposed by the brutal occupation of alien armies or by revolutionary factions who serve alien masters. The facts we must face can be simply summarized. Some dozen people in the Kremlin are seeking to consolidate their imperial rule over some 800 million people, representing what were nearly a score of independent nations. The methods of the despots can be judged by the fact that there are some 15 million in forced labor camps in Soviet Russia. Their number amounts to double the total membership of the Soviet Communist Party itself. This tyranny has been extended far beyond the frontiers of Russia by the cold, calculated subjugation of free nation after free nation. The list is a tragic one: Latvia, Lithuania, Estonia, Poland, Czecho- it easy to rule these nations and peoples. Since World War II, the 2 Supra. حنينغ معين 1960 AMERICAN FOREIGN POLICY, 1950–1955 original puppet leaders within the satellite countries of Europe. In Asia, hundreds of thousands, if not millions, have been slaughtered in a publicized exhibition of terrorism. We must face these facts. It is a moral obligation to do so--for all peoples have a right to know whether the United States acquiesces in this assault on freedom. It is a practical matter--for the ultimate fate of these peoples can gravely affect the future of freedom in Europe , in Asia, and through all the world, including our own United States . In the glaring light of these facts, the nature of this resolution defines itself. It is a straight-forward statement of American principle and American peaceful but firm purpose. Some of you may think that American purpose is already clear, so clear that this resolution is superfluous. Let me assure you that that is not the fact. The captive peoples are oppressed by a great fear that at some future time the United States may agree to a partition of the world whereby we would accept and support Soviet dictatorship of alien peoples in the hope of gaining greater security for ourselves. This is not difficult to understand. Soviet propaganda vigorously spreads this fear and there are within the free world some who would countenance such a bargain. The resultant fear is not something to which we can be indifferent. It generates a sense of hopelessness and futility among the captives, which paralyzes the strivings which could operate peacefully to dissolve the unnatural unity of Soviet despotism and return it to its natural and historic parts. So long as there is doubt as to the attitude of the United States, and I repeat that today there is such doubt, the captive peoples feel that they have no choice but to be passive victims allowing themselves to be made into tools of further aggression. If we want to maintain and stimulate the spirit of freedom which eventually will peacefully frus- trate the oppressive design of Soviet despotism and disintegrate that overextended despotism, the first and indispensable step is to make clear, on the highest authority of the President and Congress, One, the United States does not countenance the violations by which Soviet leadership has perverted past agreements and understanding into chains of bondage. That is a result which the American people never intended and which they will never accept. Two, the United States will never be a party to any international "deal" or "trade” confirming the rule of Soviet despotism over the alien peoples it dominates in Europe and Asia. Three, the United States seeks, as one of its peaceful goals, that these enslaved national groups of Europe and Asia shall recover genuine independence. That is the purpose of the resolution now before you. President Eisenhower proposes that our nation should reaffirm its awareness that the struggle in the world today is, above all, a mora conflict. We propose to attest our fidelity, without compromise.com vacillation, to the principles of honor and political freedom upon which the nation was founded and which have made us always the dread of the oppressor and the hope of the oppressed. We propose, in the that: 1 THE SOVIET UNION 1961 Government and its puppet governments in satellite states in Europe Orthodox congregations, of Moslem communities, the persecution and scattering of ethnic increasing persecution of the people of the Jewish faith, deserve the strongest condemnation by all peoples who believe that spiritual values are the bases of human progress and freedom. Cong. Rec., vol. 99, Part 2, p. 1475. spirit of the early days of the Republic, to do what we peacefully can do, in order to revive the hopes of those now enslaved. This resolution is no call to bloody and senseless revolution. On the other hand, it is no idle gesture. It is an act of great historical im- portance and many consequences will stem from it. As its purpose becomes more and more widely understood, it will, over the coming years, revive the inherent longing for freedom which persists within the captive peoples so that that longing becomes a mounting spiritual power which will eventually overcome the material power of Soviet dictatorship to rule what it has, or to subjugate more. This resolution looks to the future, rather than to the past. The past is controversial. Should past administrations have made the agreements which they made? Were they foolishly beguiled by Soviet promises? Were they too much moved by considerations of short- term expediency, so that they sacrificed basic principles? Did they exceed their power in what they attempted; for these wartime agree- ments were never subjected to the constitutional processes of our Government? All of these questions have been, and long will be, debated. The resolution which President Eisenhower has proposed would avoid this realm of controversy. It validates nothing that is invalid. It gives up no rights, if we choose to assert them. It also leaves us free to pursue other courses and take other steps in the future, as circumstances may indicate their desirability. What the President seeks is a solemn act of dedication for the future . It is an act which needs, and deserves, the support of both great parties. It will provide the indispensable foundation upon which future foreign policies can again build a structure of peace, justice, and freedom. Therefore, I beg, let us not on this occasion divisively debate the past. Let us unitedly move on to mold the future. 10. CONDEMNATION OF SOVIET PERSECUTION OF RE- LIGIOUS AND ETHNIC MINORITIES: Senate Resolution 84 (83d Congress, 1st Session), February 27, 1953 Resolved, That it is the sense of the Senate of the United States that the vicious and inhuman campaigns conducted by the Soviet in many other areas under Soviet domination, and most recently the 1 1962 AMERICAN FOREIGN POLICY, 1950-1955 1 1 2 C P t The point I want to make is that so long as these three conditions Representative to the United Nations to the Secretary-General (Department of 18, 1953 (ibid., Apr. 27, 1953, pp. 607–608) and Under Secretary Smith's ad- Resolved further, That the President of the United States is hereby urged to take appropriate action to protest, particularly in the General Assembly of the United Nations, against these outrages , in order that the United Nations shall take such action in opposition to them as may be suitable under its charter. 11. PRECONDITIONS FOR ACCOMMODATION WITH THE SOVIET UNION: Remarks by the Secretary of State at a News Conference, April 3, 1953 2 Nothing that has happened, or which seems to me likely to happen, has changed the basic situation of danger in which we stand. There are three basic facts which, I think, we should always have in mind as long as they are the facts. The first is this: The Soviet Union is a heavily armed totalitarian state, subject to the dictates of a small group, whose total control extends to one-third of the people, and the natural resources of the world. The second fact is that the leaders of the Soviet Union are basically and deeply hostile to any other state which does not accept Soviet Communist control. That is part of their fanatically held creed. The third fact is that the Soviet Communist leaders do not recognize any moral inhibitions against the use of violence. In fact, they do not admit the existence of such a thing as the moral law. Now those facts combine to create a grave danger, and as I said , nothing that has happened or seems likely to happen in the near future ends that danger, or our need, or the need of the free world generally, to take precautions against it. That, however, does not prevent accommodations from time to time which may be useful.- useful if, but only if, they do not blind us to the persistence of the danger. At the moment I see nothing which ends that danger or would justify us in changing any of our basic defensive policies, either alone or in conjunction with our allies. Now, there are, as I have said , possibilities of useful accommodation that could relate to such matters as the exchange of wounded and sick prisoners of war in Korea, and if good faith is shown in relation to that, then there may be the possibility of an armistice in Korea. There is a question of an Austrian treaty which could also be a matter of accommodation. There are a whole series of outstanding questions which can be a matter of accommodation. 1 This resolution was transmitted with a letter of Mar. 13, 1953, from the U: State Bulletin, Apr. 6, 1953, p. 506). 2. Ibid., Apr. 13, 1953, p. 524. See also Secretary Dulles' address of Ap. dress of Apr. 25, 1953 (ibid., May 11, 1953, p. 677). ho C 8 0 8 THE SOVIET UNION 1963 requirement. At the discretion of the Department, they may also be Notifications will be addressed to the Department of State, the Mission to the United Nations in New York, New York, as appro- more than twenty-five miles distance from the centers of Washington, D. C., or New York, New York. of July 11, 1955, from the Department of State to the Soviet Embassy granting ? Department of State Bulletin, Jan. 31, 1955, pp. 193-197. See also the note a Pravda correspondent access to a restricted area (ibid., July 25, 1955, pp. 134- persist, to which I referred, we must not, in my opinion, assume that the danger is over and that we are living in a peaceful world which requires neither armament nor our allies. Ỉ see nothing which should delay or hamper the European Defense Community and the other basic policy measures that we are trying to take. 12. TRAVEL RESTRICTIONS ON SOVIET CITIZENS IN THE UNITED STATES: Note From the Secretary of State to the Soviet Ambassador at Washington, January 3, 1955 2 The Secretary of State presents his compliments to His Excellency the Ambassador of the Union of Soviet Socialist Republics and has the honor to state that the following regulations have been instituted and will apply until further notice to travel in the United States by Soviet citizens in possession of valid passports issued by the Govern- ment of the Union of Soviet Socialist Republics other than Soviet citizen officers and employees of the Secretariat of the United Nations while their conduct is a responsibility of the Secretary General of the United Nations. Travel will be permitted throughout the United States except in the border zones described in enclosure No. 1, the states and counties listed in enclosure No. 2. those cities which are listed in enclosure No. 3 as closed cities in otherwise open areas, or as otherwise indicated below. Enclosure No. 4 lists open cities in otherwise closed areas. The prior notification of travel procedure set forth in the Depart- ment's note of March 10, 1952,3 is extended to include all resident Soviet citizens who are in possession of valid passports issued by the Government of the Union of Soviet Socialist Republics other than Soviet Officers and employees of the Secretariat of the United Nations while their conduct is a responsibility of the Secretary General of the United Nations. Soviet citizens who are temporarily admitted to the United States for some specific purpose which does not involve temporary residence in Washington, District of Columbia, or New York , New York, will not be subject to the prior notification of travel germane to the purpose of the visit for which admitted. or Air Force foreign liaison offices, or the United States priate at least forty-eight hours in advance of anticipated travel of Each Army, Navy 1 Georgi N. Zaroubin. 135). * Supra, doc 6. 1964 AMERICAN FOREIGN POLICY, 1950–1955 1 See the Soviet notes of May 16, 1941, Sept. 30, 1948 (Department of State Bulletin, Oct. 24, 1948, p. 525), and June 22, 1953 (ibid., Jan 31, 1955, p. 197). 2. i U N SE M the name of the traveler or travelers and detailed information con- cerning the projected travel including itinerary, mode or modes of travel, points and duration of stopovers, and specific routes and carriers if transiting closed areas. Other than for large cities, place names should be identified by county and state. Transit travel by railroad or commercial airlines through closed areas will be permitted when such travel is necessary to reach open areas or open cities in otherwise closed areas. Soviet citizens en- gaging in such transit travel are not to leave the immediate vicinity of any air or rail terminal located in a closed area or city except where necessary to effect air or rail connection for continuing the travel. The transit of closed areas by automobile or bus will not normally be permitted except by specified routes without intermediate stops be- tween Washington, D. C., and New York, New York; Washington , D. C., and Baltimore, Maryland; New York, New York, and the Oyster Bay, New York area; Washington, D. C., and the open areas C to the south and west. These routes are specified in enclosure No. 5. Applications for exceptional access to recreation and resort areas which fall in a closed area will be considered on the merits of each such application. The foregoing regulations are comparable to those which the Soviet $ Union has imposed, presumably for reasons of security, on the move- ment of United States citizens in the Soviet Union. If the Soviet Je Union should hereafter conclude that the international situation were such that security requirements enabled it to liberalize its regulations restricting the travel of United States citizens in the Soviet Union, this Government would in turn be disposed to reconsider in the same spint spirit Pi its own security requirements. Enclosures: 1. Border Zones Closed to Travel by Soviet Citizens in Possession of Union of Soviet Socialist Republics Passports. 2. States and Counties Closed to Travel by Soviet Citizens in Possession of Union of Soviet Socialist Republics Passports. 3. Cities in Otherwise Open Areas which are closed to Travel by Soviet Citizens in Possession of Union of Soviet Socialist Republics Passports. 4. Cities in Otherwise Closed Areas which are open to Travel by Soviet Citizens in Possession of Union of Soviet Socialist Republics Passports. H 5. Specified Routes of Automotive Transit Through Areas Closed to Travel by Soviet Citizens in Possession of Union of Soviet Socialist Republics Passports. BORDER ZONES CLOSED TO TRAVEL BY SOVIET CITIZENS IN POSSESSION OF U. S. S. R. PASSPORTS 1. U. S. A.-Canadian Border Sc In addition to the shores of the Great Lakes included within closed areas, following lake shores are closed by a band fifteen miles wide in the states and counties listed: a. Lake Superior: Minnesota-Cook, Lake, St. Louis; Wisconsin-- Douglas, Bayfield, Ashland, Iron; Michigan-Gogebic, Ontonagon, Houghton, Keweenam Baraga, Marquette, Alger, Luce, Chippewa, Mackinac and Drummond Island. E H D Fi to M P SE W C M Se SO T the SH St LE D SE THE SOVIET UNION 1965 Cowley, Dickinson, Doniphan, Douglas, Elk, Franklin, Geary, Harvey, Jackson, Jefferson, Johnson, Leavenworth, Linn, Lyon, McPherson, Sedgwick, Shawnee, Sumner, Wabaunsee, Wyandotte. Kentucky: Ballard, Boone, Caldwell, Campbell, Christian, Crittenden, Hender- son, Hopkins, Kenton, Livingston, Logan, Lyon, McCracken, Muhlenberg, Todd, Soto, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Point Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, West Baton Rouge, Maine: Androscoggin, Aroostook, Cumberland, Hancock, Kennebec, Knox, Dorchester, Frederick, Harford, Howard, Kent, Queen Annes, St. Marys, Somer- Maryland. Anne Arundel, Baltimore, Calvert, Caroline, Carroll, Cecil, Charles, set, Talbot, Washington, Wicomico, Worcester. b. Lake Michigan: Michigan-Emmet. C. Lake Huron: Michigan-Cheboygan, Presque Isle, Alpena, Alcona, Iosco, Arenac. d. Lake Erie: Ohio-Lake, Ashtabula. 2. U. S. A.-Mexican Border In addition to San Diego County, California, the Mexican border is closed by a band fifteen miles wide except for that portion of the border which falls in Webb County, Texas. STATES AND COUNTIES CLOSED TO TRAVEL BY SOVIET CITIZENS IN POSSESSION OF U. S. S. R. PASSPORTS Alabama: Colbert, Lauderdale, Limestone, Madison. Arizona: Maricopa, Mohave, Yavapai. California: Alameda, Contra Costa, Los Angeles, Marin, Monterey, Merced, Napa, Orange, Sacramento, San Benito, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Bárbara, Santa Cruz, Santa Clara, Solano, Sonoma, Ventura, Yolo. Colorado: Adams, Alamosa, Arapahoe, Archuleta, Boulder, Chaffee, Clear Creek, Conejos, Costilla, Custer, Delta, Denver, Douglas, Elbert, El Paso, Fremont, Gilpin, Gunnison, Hinsdale, Huerfano, Jefferson, Lake, Mesa, Mineral, Montrose, Ouray, Park, Pitkin, Pueblo, Rio Grande, Saguache, Teller. Connecticut. Delaware. Georgia: Bryan, Bullock, Burke, Chatham, Effingham, Jenkins, Richmond, Screven. Idaho: Benewah, Bingham, Bonneville, Butte, Clark, Custer, Fremont, Idaho, Jefferson, Latah, Lemhi, Lewis, Madison, Nez Perce, Teton, Valley. Illinois : Adams, Alexander, Brown, Calhoun, Clinton, Cook, Du Page, Edgar, Edwards, Franklin, Gallatin, Greene, Grundy, Hamilton, Hancock, Hardin, Henderson, Iroquois , Jackson, Jefferson, Jersey, Johnson, Kane, Kankakee, Kendall, Lake, McHenry, Madison, Marion, Massac, Mercer, Monroe, Perry, Pike, Pope, Pulaski, Randolph, Rock Island, St. Clair, Saline, Union, Vermilion, Wabash, Washington, Wayne, 'White, Will, Williamson. Indiana: Adams, Allen, Benton, Blackford, Boone, Carroll, Cass, Clay, Clinton, Dearborn, Decatur, De Kalb, Delaware, Elkhart, Fayette, Fountain, Franklin, Fulton, Gibson, Grant, Hamilton, Hancock, Hendricks, Henry, Howard, Hunting- ton, Jasper, Jay, Johnson, Kosciusko, Lagrange, Lake, La Porte, Madison, Marion, Porter, Posey, Pulaski, Putnam, Randolph, Rush, St. Joseph, Shelby, Starke Steuben, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, 'Wabash, Warren, Warrick, Wayne, Wells, White, Whitley. Lowa: Des Moines, Henry, Lee, Louisa, Muscatine, Scott. Kansas: Anderson, Atchison, Brown, Butler, Chase, Chautauqua, Coffey Greenwood, Louisiana: Acadia, Ascension, Assumption, Caddo, Calcasieu, Cameron, De : Trigg, Union, Webster. : 1966 AMERICAN FOREIGN POLICY, 1950-1955 son, Hyde, Jackson, Jerauld, Jones, Lawrence, Lincoln, Lyman, McCook, MC- Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Smith, Stewart, Sumner, Trousdale, Union, Van Buren, Warren, Wayne, miles from the center of New York, New York. [Footnote in original document.) 2 Closed except for Oyster Bay area north of Route 25A. ' [Footnote în original Massachusetts. Michigan: Bay, Genesee, Hillsdale, Huron, Ingham, Jackson, Lapeer, Lenawee, Livingston, Macomb, Midland, Monroe, Oakland, Saginaw, St. Clair, Sanilac , Shiawassee, Tuscola, Washtenaw, Wayne. Missouri: Bollinger, Cape Girardeau, Clark, Jefferson, Lewis, Lincoln, Madi. son, Marion, Perry, Pike, Ralls, St. Charles, St. Francois, Ste. Genevieve , St. Louis, St. Louis City. Montana: Beaverhead, Deer Lodge, Silver Bow. Nebraska: Cass, Douglas, Gage, Johnson, Lancaster, Nemaha, Otoe, Pawnee , Richardson, Sarpy. Nevada: Clark, Lincoln, Nye. New Hampshire: Cheshire, Hillsboro, Rockingham, Strafford. New Jersey: Atlantic, Burlington, Camden, Cape May, Cumberland, Essex , Gloucester, Hunterdon, Mercer, Middlesex,1 Monmouth, Morris, ' Ocean, Passaic, Salem, Somerset, Union, Warren. New Mexico: Bernalillo, Los Alamos, Rio Arriba, Sandoval, Santa Fe, Tacs , Torrance. New York: Albany, Broome, Cayuga, Chautauqua, Chenango, Cortland, Dela- ware, Erie, Greene, Jefferson, Kings (Brooklyn), Madison, Monroe, Nassau, Niagara, Oneida, Onondaga, Orleans, Oswego, Otsego, Schenectady, Schoharie , Suffolk, Wayne. North_Dakota: Adams, Billings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McHenry, McIntosh, McKenzie, McLean, Mercer, Morton, Mountrail, Oliver, Renville, Sheridan, Sioux, Slope, Stark, Ward, Williams. Ohio: Allen, Ashland, Auglaize, Butler, Champaign, Clark, Crawford, Cuya- hoga, Darke, Defiance, Delaware, Erie, Franklin, °Fulton, Greene, Hamilton, Hancock, Hardin, Henry, Huron, Jackson, Logan, Lorain, Lucas, Madison , Marion, Medina, Mercer, Miami, Montgomery, Morrow, Ottawa, Paulding , Pickaway, Pike, Preble, Putnam, Richland, Ross, Sandusky, Scioto, Seneca , Shelby, Štark, Summit, Union, Van Wert, Wayne, Williams, Wood, Wyandot . Oklahoma: Creek, Kay, Lincoln, Logan, Noble, Oklahoma, Osage, Pawnee, Payne, Tulsa, Washington. Pennsylvania: Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Bucks Butler, Carbon, Chester, Columbia, Cumberland, Dauphin, Delaware, Erie Fayette, Franklin, Fulton, Greene, Huntingdon, Juniata, Lancaster, Lawrence Lebanon, Lehigh, Luzerne, Miffin, Montgomery, Montour, Northampton , Northumberland, Perry, Philadelphia, Schuylkill, Somerset, Union, Washington, Westmoreland, York. Rhode Island, South Carolina: Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, Jasper, Orangeburg. South Dakota: Armstrong, Aurora, Bennett, Bon Homme, Brule, Bufalo , Butte, Campbell, Charles Mix, Clay, 'Corson, Custer, Davison, 'Dewey, Douglas Edmunds, Faulk, Gregory, Haakon,' Hand, Hanson, Harding, 'Hughes, Hutchin Sully, Todd, Tripp, Turner, Union, Walworth, Washabaugh, Yankton, Ziebach Tennessee: Anderson, Bedford, Bledsoe, Blount, Bradley, Campbell , Cannon Cheatham, Clay, Coffee, Cumberland, Davidson, De Kalb, Dickson, Fentress Franklin, Giles, 'Grundy, Hamilton, Nickman, Houston, Humphreys, Jack.com Knox, Lake, Lawrence, Lewis, Lincoln, Loudon, McMinn, Macon, Marion, Mar shall, Maury, Meigs, Monroe, Montgomery, Moore, Morgan, Overton, Penya White, Williamson, Wilson. Texas: Anderson, Aransas, Armstrong, Austin, Bastrop, Bell, Bexar, Bowie Brazoria, Brazos, Burleson, Caldwell, Cálhoun, Camp, Carson, Cass, Chambers , 1 Closed except for those portions of these counties which lie less than 25 air document.] THE SOVIET UNION 1967 2 Open except for Borough of Brooklyn (Kings County, N. Y.). [Footnote Cherokee, Collingsworth, Colorado, Comal, Dallam, Dallas, Deaf Smith, Delta, De Witt, Donley, Ellis, Falls, Fayette, Fort Bend, Franklin, Freestone, Galveston, Goliad, Gonzales, Gray, Gregg, Grimes, Guadalupe, Hansford, Hardin, Harris, Harrison, Hartley, Hays, Hemphill, Henderson, Hill, Hopkins, Hutchinson, Jackson, Jefferson, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Lipscomb, Madison, Marion, Matagorda, Milam, Mont- gomery, Moore, Morris, Navarro, Ochiltree, Oldham, Orange, Panola, Parker, Potter, Rains, Randall, Red River, Refugio, Roberts, Robertson, Rockwall, Rusk, San Jacinto, Shelby, Sherman, Smith, Tarrant, Titus, Travis, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Wheeler, William- son, Wilson, Wood. Virginia: Accomac, Albemarle, Alleghany, Augusta, Bath, Charles City, Clarke, Culpeper, Elizabeth City, Essex, Fauquier, Frederick, Gloucester, Greene, Highland, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Madison, Matthews, Middlesex, Nansemond, Nelson, New Kent, Norfolk, Northampton, Northumberland, Orange, Page, Princess Anne, Prince William, Rappahannock, Richmond, Rockbridge, Rockingham, Shenan- doah, Stafford, Surry, Warren, Warwick, Westmoreland, York. Washington: Adams, Asotin, Benton, Clark, Columbia, Cowlitz, Douglas, Franklin, Garfield, Grant, King, Kittitas, Klickitat, Lewis, Lincoln, Pierce, Skamania, Snohomish, Spokane, Thurston, Walla Walla, Whitman, Yakima. West Virginia: Brooke, Hancock, Marshall, Ohio. Wisconsin: Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, Waukesha. CITIES IN OTHERWISE OPEN AREAS WHICH ARE CLOSED TO TRAVEL BY SOVIET CITIZENS IN POSSESSION OF U.S.S.R. PASSPORTS Ashland, Kentucky Kansas City, Missouri Atlanta, Georgia Louisville, Kentucky Birmingham, Alabama Memphis, Tennessee Charleston, West Virginia Portland, Oregon Gadsden, Alabama St. Paul, Minnesota Huntington, West Virginia Johnstown, Pennsylvania San Bernardino, California Kalamazoo, Michigan Steubenville, Ohio Youngstown, Ohio CITIES IN OTHERWISE CLOSED AREAS WHICH ARE OPEN TO TRAVEL BY SOVIET CITIZENS IN POSSESSION OF U.S.S.R. PASSPORTS Atlantic City, New Jersey Austin, Texas Hammond, Indiana Baltimore, Maryland Houston, Texas Berkeley, California Kansas City, Kansas Cambridge, Massachusetts Knoxville, Tennessee Lansing, Michigan Lincoln, Nebraska Chattanooga, Tennessee Long Beach, California Chicago, Illinois Los Angeles, California 1 Lowell, Massachusetts Lynn, Massachusetts Milwaukee, Wisconsin Nashville, Tennessee New Bedford, Massachusetts New Haven, Connecticut New Orleans, Louisiana i New York, New York 2 Niagara Falls, New York Oklahoma City, Oklahoma Omaha, Nebraska Pasadena, California Open except for port areas of these cities. (Footnote in original document.] Camden, New Jersey Canton, Ohio Cincinnati, Ohio Cleveland, Ohio Dearborn, Michigan Elizabeth, New Jersey El Paso, Texas Evansville, Indiana Fall River, Massachusetts Fort Wayne, Indiana Fort Worth, Texas Gary, Indiana Glendale, California 1 in original document.] 1968 AMERICAN FOREIGN POLICY, 1950–1955 In industrial enterprises engaged in the manufacture of civilian mercial airports, river or lake port installations and governmental 1 Open except for port areas of these cities. [Footnote in original document) Phoenix, Arizona Shreveport, Louisiana Quincy, Massachusetts Somerville, Massachusetts Reading, Pennsylvania South Bend, Indiana Richmond, California Spokane, Washington Sacramento, California Tacoma, Washington Saginaw, Michigan Trenton, New Jersey St. Louis, Missouri Tulsa, Oklahoma San Antonio, Texas Utica, New York San Francisco, California 1 Washington, District of Columbia San Jose, California Waterbury, Connecticut Savannah, Georgia 1 Wichita, Kansas Seattle, Washington 1 Worcester, Massachusetts SPECIFIED ROUTES OF AUTOMOTIVE TRANSIT THROUGH AREAS CLOSED TO TRAVEL BY SOVIET CITIZENS IN POSSESSION OF U.S.S.R. PASSPORTS 1. From Washington, D. C., and return: (a) To Baltimore via U. S. Route No. 1 or Washington-Baltimore Expresswa, (b) To West Virginia via Virginia Route No. 7 and Route No. 9. (c) To Spotsylvania County, Virginia, via U. S. Route No. 1. 2. From Baltimore, Maryland, to New York, New York, and return through Farnhurst, Delaware, via U. S. Route No. 40 and New Jersey Turnpike. 3. From New York, New York, and return: (a) To Baltimore, Maryland, and Washington, D. C. (see 1 and 2 above) . (b) To Oyster Bay, New York area via New York Route 25 A. 13. RESTRICTIONS ON PHOTOGRAPHY AND SKETCHING BY SOVIET CITIZENS IN THE UNITED STATES: Note From the Secretary of State to the Soviet Ambassador at Washington January 19, 19553 The Secretary of State presents his compliments to His Excellenes the Ambassador of the Union of Soviet Socialist Republics and bus the honor to state that the following regulations have been instituted and will apply until further notice to photography and sketching i the United States by Soviet citizens in possession of valid passport issued by the Government of the Union of Soviet Socialist Republics other than Soviet citizen officers and employees of the Secretariat d the United Nations while their conduct is a responsibility of Secretary General of the United Nations. Soviet citizens in the United States are permitted to sketch or take photographs of historical and architectural monuments; the building of cultural, educational and medical institutions; theaters, museum city, State or national parks; stadiums; and also urban and run scenes in the background of which there are none of the objects listed below in points a. through g. products, agricultural experimental stations, railroad stations, com 2 Georgi N. Zaroubin. 3 Department of State Bulletin, Jan. 31, 1955, pp. 198–199. THE SOVIET UNION 1969 regulating the photographing and sketching activities of American citizens and 2 Ibid., June 6, 1955, pp. 913–914. institutions, Soviet citizens may, in individual cases, make sketches or take photographs provided that they have first obtained the permission of the administration of these institutions and organiza- tions. Citizens of the Union of Soviet Socialist Republics in the United States may not sketch or take photographs: a. Of military objects, installations, technology and armaments. b. Of fuel storage depots. c. Of seaports, hydroelectric, thermoelectric or nuclear power installations, bridges, railroad junctions, terminals, and tunnels. d. Of industrial establishments except those engaged solely in civilian production. e. Of scientific research institutions, offices and laboratories. f. Of radio, television, telephone and telegraph stations or facilities. g. From airplanes on flights over territory of the United States. Citizens of the Union of Soviet Socialist Republics in the United States may not purchase or otherwise procure the following except where they appear in or are appendices to newspapers, periodicals, technical journals, atlases and books commercially available to the general public: a. Aerial photographs, mosaics and photomaps. b. Maps and charts of scale of or larger than 1:250,000. c. Navigational and hydrographic maps and charts. d. Panoramic photographs or detailed development plans of industrial cities. The foregoing regulations are comparable to present Soviet regula- tions restricting photography and sketching by United States citizens in the Soviet Union which presumably have been instituted for reasons of security. If the Soviet Union should hereafter conclude that the international situation were such that security requirements enabled it to liberalize its regulations restricting photography and sketching by United States citizens in the Soviet Union and to make available to them materials of the types noted above, this Government would in turn be disposed to reconsider its own security requirements 14. PROSPECTS FOR CHANGE IN SOVIET POLICY: Statement by the Secretary of State Before the House Committee on Foreign Affairs, May 25, 1955 (Excerpt)? This program of mutual security continues to be an essential part of our overall policy of seeking to bring those rulers who now follow For the text of the Soviet Foreign Ministry's circular of Feb. 11, 1954, other foreigners, see ibid., p. 199. in the same spirit. . ---------- 415900_-57Vol. 2-21 ܚܝܝܚܝ. ܚ ، 1970 AMERICAN FOREIGN POLICY, 1950–1955 The object of such strategy is to gain time, to scatter the forces of the enemy while consolidating the line of international communism to see the futility of the policy of attempting world conquest. Also we hope that there may come policies designed better to satisfy the legitimate aspirations of the subject peoples. The recent events in Europe to which I first alluded suggest that the time may be nearing when those who have been seeking the conquest of freedom will in fact adopt more tolerable policies. I do not want to imply that I think we have achieved our goals . There are still bad spots as well as good spots. Also, it Also, it may be that the international Communists consider that any new policies which they now adopt are part of the classic design which Lenin said means that "we might have to go in zigzags, sometimes retracing our steps, sometimes giving up the course once selected and trying various others," 1 and which Stalin said involves "maneuvering the reserves with a view to effecting a proper retreat when the enemy is strong."* Nevertheless, I do feel à certain sense of encouragement because today the tactics of the international Communists suggest that they realize that the free world is in fact "strong" and that they do have to give up some of the courses they once selected. FOUR SOVIET REVERSALS I have referred to the events of recent days. These have been marked by a striking reversal of many of the policies of the Soviet rulers. They reversed their position with reference to the Austrian State Treaty. The consequent withdrawal of Soviet troops from this advanced position in the heart of Europe will be the first time in Europe that the Red forces will have gone homeward since they took their forward positions 10 years ago. Then there is the pilgrimage of the Soviet leaders to Belgrade . For 7 years, since the Yugoslav Government seceded from the Soviet bloc, it has been consistently reviled and threatened. Its party was excommunicated by the Soviet Communist Party as guilty of flagrant heresy. Now the heads of the Soviet state, who have never yet in time of peace left their home country, go to Belgrade to make their peace. 4 Independence is rewarded, and heresy is condoned. This is bound to have a profound effect throughout the Soviet zone. On the subject of disarmament, the Soviet Union has recently altered its position. Its present position contains much which is 1 “Left-Wing Communism: An Infantile Disorder,” in The Strategy and Tactics of World Communism (H. Doc. No. 619, 80th Cong., 1st sess.), p. 51. 2 “The reserves must be handled in such a way as to safeguard retreat should the enemy be very powerful, should a withdrawal be inevitable should it be obviously undesirable to accept the enemy's offer of battle , should retreat be the only way whereby (in the circumstances) the vanguard destruction and keep the reserves at its disposal . our own for a future advance" ("The Foundations of Leninism”; ibid., p. 106). 3 Treaty of May 15, 1955; supra, pp. 643–675. 5 See Soviet proposal of May 16, 1955, Department of State Bulletin, May 30 1955, pp. 900-905. u an orderly can escape : 1971 THE SOVIET UNION 1 See supra, pp. 1885-1886. 2 not clear or not acceptable to the United States, but at least the Soviet Union now recognizes as valid certain basic propositions which ир until now it has consistently rejected. For example, the Soviet Union now no longer insists that any reduction of land armaments should be on a percentage basis which would perpetuate, and indeed accentuate, its present superiority in that particular field. Finally, the Soviet leaders, after having said that consummation of the Paris accords would be a serious impediment to further talks, now seem ready for such talks-Pravda's complaint being that we do not seem to be willing to talk long enough. No one can be confident as to the meaning of these four reversals, which have been accumulated within the span of a few weeks. Cer- tainly , one interpretation is that they hope by this show of sweet reasonableness to bring the free nations to a sense of security so that they will abandon measures which have so far enabled them to help each other preserve their freedom. There are, within the free nations, some who are tempted by this prospect. For the most part, they look to the United States to see how we interpret the recent Soviet gestures. If we seem to regard them as demonstrating a basic change of Soviet attitude and as indicating that the danger is over, they will hastily follow in that way. In that event much of the solidarity and strength which has been built over past years would quickly dis- The United States eagerly welcomes, and will fully and in good faith explore, all new possibilities of insuring a just and durable peace. That is the goal to which our Nation is dedicated, and we shall not let pass any opportunities to advance toward it. We welcome recent Soviet deeds which suggest a greater degree of tolerance and a greater acceptance of freedom and independence. However, it would be a great mistake to judge that the danger was now past or to act in such a manner that others might think we judged it past. There could be no worse moment to depart from the policies which the program represents and which have brought us where we are. We can hope that a new day is coming; but too often men have been lured to their doom by mistaking a faſse dawn for the real dawn. We must not make that mistake. integrate. . 1972 AMERICAN FOREIGN POLICY, 1950-1955 that the facts set forth above may be confirmed to its satisfaction 3 The Ambassador of the United States has been instructed to protest and of the most elementary rules of peaceful conduct between nations, The United States Government demands that the Soviet Government B. AIRPLANE INCIDENTS April 8, 1950 Incident (Baltic Area) 15. NOTE FROM THE AMERICAN AMBASSADOR AT MOS. COW TO THE SOVIET FOREIGN MINISTER, APRIL 18, 1950 The Ambassador of the United States of America presents his compliments to the Minister for Foreign Affairs of the Union of Soviet Socialist Republics and, with reference to the note of the Ministry of Foreign Affairs of April 11, 1950,4 has the honor to state that the only American military aircraft which was in the air in the Baltic area on April 8, 1950, was a United States Navy Privateer airplane which disappeared on that date and no trace of its crew hes since been found. The United States Navy airplane carried ten persons. It was wholly unarmed. It left Wiesbaden at 10:31 a. m. Greenwich time for a flight over the Baltic Sea and two and one-half hours later reported by radio crossing the coast line of the British Zone of Ger- many. All American military aircraft operate under strict instructions to avoid flying over any foreign territory in the absence of express permission for such a flight from the appropriate foreign government The investigation conducted by the United States Government has convinced it that the United States Navy airplane in question corn plied strictly with these instructions and did not fly over any Soviet or Soviet-occupied territory or territorial waters adjacent thereto In the Ministry's communication under reference the Soviet Gor- ernment acknowledges that one of its fighter aircraft fired upon 42 American plane on April 8, 1950, at 5:30 p. m. Moscow time. In view of the fact that the only American military airplane which was in the air in the Baltic area on that date was the unarmed United States Navy airplane mentioned above and that this airplane no time after it crossed the coast line of Germany over any foreign territory or territorial waters, it must be concluded that Soviet mill- tary aircraft fired upon an unarmed American plane over the opet sea, following which the American airplane was lost. in the most solemn manner against this violation of international lor was at ] 1 ] t 1 Adm. Alan G, Kirk. 2 Andrei Y. Vyshinsky. 3 Department of State Bulletin, May 1, 1950, pp. 667–668. 4 Ibid., p. 668. THE SOVIET UNION 1973 1 Department of State Bulletin, May 15, 1950, pp. 753-754. Government of the United States which would enable it to correct American airplane violated Soviet or Soviet-occupied territory and no alternative but to conclude that the Government of the Union of The United States Government further demands that the most strict and categorical instructions be issued to the Soviet Air Force that there be no repetition, under whatever pretext, of incidents of this kind which are so clearly calculated to magnify the difficulties of maintain- ing peaceful and correct international relationships. The United States Government confidently expects that, when its investigation is completed, the Soviet Government will express its regret for the unlawful and provocative behavior of its aviators, will see to it that those responsible for this action are promptly and se- verely punished, and will, in accordance with established custom among peace-loving nations, pay appropriate indemnity for the unprovoked destruction of American lives and property. 16. NOTE FROM THE AMERICAN AMBASSADOR AT MOS- COW TO THE SOVIET FOREIGN MINISTER, MAY 5, 19501 The Ambassador of the United States of America presents his compliments to the Minister for Foreign Affairs of the Union of Soviet Socialist Republics and, with reference to the Ministry's note of April 212 regarding the lost American airplane has the honor to communicate the following: The Government of the United States of America notes that the Government of the Union of Soviet Socialist Republics continues to refer to an American airplane of the B-29 type, which allegedly penetrated Soviet territory on April 8, despite the fact that it has been made clear that the only American military airplane in the Baltic area on April 8 was a United States Navy airplane of the Privateer type. The United States Government reiterates that this United States Navy airplane was unarmed and was at no time over Soviet or Soviet-occupied territory or territorial waters. It is thus apparent that the Soviet Government's account of this incident is not factual. The reply of the Government of the Union of Soviet Socialist Republics to the United States Government's communication of April 18 3 makes it obvious that the Government of the Union of Soviet Socialist Republics continues to base its position on the erroneous account which it put forward shortly after the incident occurred and that it has failed to carry out the careful investigation suggested by the The United States Government categorically denies that the last paragraph of the note of the Ministry of Foreign Affairs of April 21. In these circumstances, the Government of the United States has these errors. 2 Ibid., p. 754. 3 Supra. 1974 AMERICAN FOREIGN POLICY, 1950-1955 to the Court, the Soviet Government refused to accept the Court's jurisdiction. Soviet Socialist Republics has not only failed to meet but has no intention of meeting the obligations which international law and practice impose on members of the family of nations. It is clear that this disregard for law, custom, and the opinion of mankind constitutes a further obstacle to the establishment of harmonious relations among nations and cannot be reconciled with the Soviet Government's continued protestations of its devotion to the cause of peace. It is clearly impossible to resolve this issue so long as the Soviet Government refuses to base its position upon the facts of the case. The Soviet Government must, however, bear the responsibility both for the action of its Air Force and for the manner with which it has dealt with this incident. The Government of the United States must warn the Government of the [Union of) Soviet Socialist Republics of the seriousness with which it regards the attitude of the Government of the Union of Soviet Socialist Republics in matters of such grave consequence. October 7, 1952 Incident (Habomai Islands) 17. APPLICATION BY THE UNITED STATES TO THE INTER- NATIONAL COURT OF JUSTICE, MAY 26, 1955 1 SIR: 1. This is a written application, in accordance with the Statute? and Rules of the Court, submitted by the Government of the United States of America instituting proceedings against the Government o the Union of Soviet Socialist Republics on account of certain willful acts committed by fighter aircraft of the Soviet Government against a United States Åir Force B-29 aircraft and its crew off Hokkaido, Japan, on October 7, 1952. The subject of the dispute and a succinct statement of the facts and grounds upon which the claim of the Government of the United States of America is based are adequately set forth in a note delivered to the Soviet Government on September 25, 1954. note is attached to this application as an annex.* The Soviet Govern 1 Department of State Bulletin, July 11, 1955, pp. 65–67. See also the State Department's announcement of June 7, 1955 (ibid., p. 65); U.S. notes of Oct. 1 1952 (ibid., Oct. 27, 1952, p. 650) and Dec. 16, 1952 (ibid., Jan. 5, 1953, p. and Soviet notes of'oct. 12, 1952 (ibid., Oct. 27, 1952, pp. 649-650) and Nov. 34 1952 (ibid., Jan. 5, 1953, pp. 11-12). In a communication of Aug. 26, 1958 , removed from its docket. See statement of Mar. 16, 1956, by the Department of State (ibid., Mar. 26, 1956, pp. 513-514). 2 A Decade of American Foreign Policy, pp. 140–155. 3 Department of State Bulletin, Oct. 18, 1954, pp. 579–586. 4 Not reprinted here. r S 0 A copy of the PE TO ; TAO S THE SOVIET UNION 1975 return; and that the Soviet Government has concealed from the Supra, pp. 425-440. 1 is briefly that the Government of the Union of Soviet Socialist Re- Soviet aircraft doing so unbeknown to the crew of the United States Air Force B-29, and without any provocation to attack and destroy the United States Air Force B-29, causing it to crash into the sea at a point between Yuri Island and Akiyuri Island in territory rightfully States Air Force and nationals of the United States, have failed to belonging to Japan; that the crew of eight, all members of the United ment has asserted its contentions of fact and law with reference to the United States Government's claim in other diplomatic corre- spondence on this subject, most recently in a note dated December 30 1954, a copy of which is also attached to this application as an annex. 2. The United States Government notes that the present dispute concerns matters of the character specified in Article 36 (2) of the Statute of the Court, including subdivisions (a) through (d). As will be seen from the annexes, the legal dispute of the United States Government with the Soviet Government involves serious questions of international law. Among them are the validity of the Soviet Government's claim to sovereignty over the Habomai Islands situated off Hokkaido, Japan, and in that connection the interpretation of the Treaty of Peace with Japan signed at San Francisco on September 8, 1951. In addition there are involved the scope and application of international obligations relating to the overflight of intruding and intercepting military aircraft, together with numerous issues of fact which if resolved in favor of the United States Government would constitute breaches of international obligation by the Soviet Govern- ment; and the nature and extent of reparations to be made by the Soviet Government to the United States Government for all these The United States Government, in filing this application with the Court, submits to the Court's jurisdiction for the purposes of this case. The Soviet Government appears not to have filed any declaration with the Court thus far, although it was invited to do so by the United States Government in the note annexed hereto. The Soviet Govern- ment is, however, qualified to submit to the jurisdiction of the Court in this matter and may upon notification of this application by the Registrar, in accordance with the Rules of the Court, take the neces- sary steps to enable the Court's jurisdiction over both parties to the dispute to be confirmed. The United States Government thus founds the jurisdiction of this Court on the foregoing considerations and on Article 36 (1) of the 3. The claim of the Government of the United States of America direcraft to overfly the territory of Japan, to hover over and pace a United States Air Force B-29 aircraft lawfully flying over Japan, the breaches. 2 } Statute. : : } · Not reprinted here. * Not reprinted here. 1976 AMERICAN FOREIGN POLICY, 1950–1955 United States Government information as to the fate of the crew and has not made provision for the prompt return of any crew members whom it may still be holding or of whose whereabouts it is informed. The damages suffered by the United States Government and for which the Soviet Government is liable to it are specified in the an- nexed note. The United States Government claims that in the circumstances described in the annex the actions chargeable to the Soviet Government constituted serious violations of international obligation for which the United States Government has demanded and demands monetary and other reparation. In diplomatic correspondence with reference to this matter, in- cluding the Soviet Government's note a copy of which is attached hereto as an annex, constituting negotiations which must now be determined to have been exhausted, the Soviet Government has asserted a version of the facts and of the law contrary to that asserted by the United States Government. A dispute is therefore presented appropriate for hearing and decision by this Court in accordance with the Statute and Rules . The United States Government, in further pleadings herein, will more fully set forth the issues of fact and the issues of law in this dispute. It will request that the Court find that the Soviet Govern- ment is liable to the United States Government for the damages caused; that the Court award damages in favor of the United States Government against the Soviet Government in the sum of $1,620,- 295.01 with interest and such other reparation and redress as the Court may deem to be fit and proper; and that the Court make all other necessary orders and awards, including an award of costs, to effectuate its determinations. 4. The undersigned has been appointed by the Government of the United States of America as its agent for the purpose of this applica- tion and all proceedings thereon. Very truly yours, HERMAN PHLEGER The Legal Adviser of the Department of State THE REGISTRAR OF THE INTERNATIONAL COURT OF JUSTICE, The Hague, Netherlands. THE SOVIET UNION 1977 1 Department of State Bulletin, Apr. 20, 1953, p. 577. See also Soviet note of 1 following an intensive investigation and study of the incident, the information with respect to the incident and with respect to the various 1953,4 August 4, 19535 and August 26, 1953.8 The Soviet Govern- Mar. 22, 1953; ibid., pp. 577-578. 2 Ibid., Dec. 6, 1954, pp. 858-862. 8 Ibid., Mar. 15, 1954, pp. 409-410. 4 Ibid., Aug. 17, 1953, p. 207. March 15, 1953 Incident (Kamchatka Peninsula) 18. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MARCH 18, 1953 The Embassy of the United States of America presents its compli- ments to the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics and has the honor to bring the following matter to the attention of the Ministry. On March 15, 1953, a United States Air Force plane of the RB-50 type was attacked by Soviet fighter aircraft over the open seas at Latitude 54:02 North and Longitude 161:04 East. After one of the Soviet planes of the Mig type opened fire on the RB-50 the latter was forced to return the fire. It is reported that no damage occurred to the American plane, and none was observed with regard to the Soviet plane. The Embassy has been instructed to protest vigorously this action on the part of the Soviet aircraft. The United States Government expects to be informed at an early date concerning the disciplinary action taken with regard to the Soviet personnel responsible and also concerning the measures adopted to prevent a recurrence of incidents July 29, 1953 Incident (Cape Povorotny) 19. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, OCTOBER 9, 1954 ? The Government of the United States of America refers again to the destruction on July 29, 1953 by Soviet military aircraft of a United States Air Force B-50 type aircraft off Cape Povorotny in the International air space over the Sea of Japan. On January 26, 1954, of Soviet Socialist Republics a note requesting certain detailed of this kind > b Ibid. • Not printed. 1978 AMERICAN FOREIGN POLICY, 1950–1955 1 ment having failed to reply to the United States Government's note of January 26, 1954, the United States Government, through its Embassy at Moscow, transmitted another note on May 25, 1954 to the Soviet Ministry of Foreign Affairs inquiring when a reply might be expected to the note of January 26, 1954. The Soviet Government has made no reply or acknowledgement whatever to either note, although far more than sufficient time has elapsed to enable the Soviet Government to make a reply or to state its inten- tions with respect to such reply. The United States Government must conclude, therefore, that the Soviet Government is fully aware that it is not in a position to make a responsive or adequate reply to the United States Government's note of January 26, 1954. This circumstance, the United States Government concludes , reinforces and confirms the essential accuracy of the findings of fact resulting from the United States Government's own investigation and study, as well as of the statements made in the various communica- tions of the United States Government to the Soviet Government on this subject, particularly the United States Government's note of August 4, 1953.2 The United States Government therefore takes this opportunity to place solemnly upon the record the facts relevant to the Soviet Government's liability and to prefer against the Soviet Government formal international diplomatic claim for damages as set forth below, | I I The United States Government is prepared to prove by evidence in an appropriate forum, and it charges, the following: 1. Early in the morning of July 29, 1953 a four-engine aircraft of the United States Air Force, of the B-50 type, was duly dispatched from its base in Japan by United States Air Force authorities to perform a routine navigational mission in the air space over the international waters of the Sea of Japan, returning to base in Japan upon completion of the mission. The officers and crew were instructed prior to departure that under no circumstances was the aircraft to fy closer to the Soviet-held land mass than twelve nautical miles . Upon its departure the B-50 type aircraft had on board a crew of seventeen persons, all members of the United States Air Force and all nationals of the United States. They were, as the Soviet Government was informed in the United States Government's note of August 4, 1953, the following: Stanley Keith O'Kelley-Captain--Serial No. AO 776002 John Ernst Roche-Captain-Serial No. AO 2029268 Edmund Joseph Czyz-1st Lieutenant- Serial No. AO 2072656 Lloyd Clayton Wiggins-1st Lieutenant-Serial No. AO 695999 James Gordon Keith—1st Lieutenant-Serial No. AO 2092926 Warren John Sanderson 1st Lieutenant-Serial No. AO 2066184 1 Not printed. 2 Department of State Bulletin, Aug. 17, 1953, pp. 206–207. THE SOVIET UNION 1979 attack until the component parts of the aircraft hit the water was actions of the MIG-15 aircraft against it, the members of the crew of the B-50 were directed by the aircraft commander, Captain Stanley K. O'Kelley, to abandon the aircraft and to seek safety by bailing out of the aircraft. The United States Government is informed and believes that, apart from First Lieutenant James Gordon Keith, all members of the crew above named bailed out of the aircraft, or para- Robert Elbon Stalnaker-1st Lieutenant-Serial No. A0 761337 John Cyrus Ward-Captain-Serial No. A0 865270 Francisco Joseph Tejeda—Major- Serial No. AO 726704 Frank Ernest Beyer-1st Lieutenant-Serial No. A0 2093286 Francis Luther Brown-Master Sergeant-Serial No. AF 19 053497 Donald Wayne Gabree--S. Sergeant Serial No. AF 19 333787 Roland Edgar Goulet-A/1C—Serial No. AF 12 323933 James Edwin Woods---A/2C-Serial No. AF 24413122 Charles Joseph Russall-A/2C_Serial No. AF 13 351658 Donald George Hill—S. Sergeant-Serial No. AF 19 353976 Earl Wilbur Radelin, Jr.—Ă/2C—Serial No. AF 14 370732 The B-50 aircraft proceeded on a course of approximately 315 degrees from the Japanese Island of Honshu. When it arrived in the air space over the international waters of the Sea of Japan at a point approximately 50 miles from the coastline, the aircraft turned to the right and proceeded on an easterly heading, flying at an altitude of approximately 20,000 feet, the crew carrying out the instructions given them as above stated. The aircraft had reached a point in the air space over the inter- national waters of the Sea of Japan approximately 40 miles south of Cape Povorotny, flying on a heading of approximately 95 degrees at an altitude of 20,000 feet when suddenly, at approximately 6:15 in the morning local time and without any prior warning whatever, Soviet MIG-15 type aircraft intercepted and fired upon the United States aircraft. One MIG-15 type aircraft commenced the inter- ception and firing by coming up from below and to the left of the B-50 and shooting the No. 1 engine, rendering it inoperative. One or more additional MIG-15 type aircraft thereupon appeared behind the B-50, directed fire on the No. 4 engine and upon the right wing and other portions of the aircraft, and set the No. 4 engine on fire. When the Soviet MIG-15 aircraft appeared from behind, shooting at the B-50, one or more of the personnel on board the B-50 aircraft opened fire in self-defense against the oncoming attacking MIG-15 Immediately upon being hit, the B-50 aircraft dived sharply, losing altitude rapidiy. The shots from the rear attack tore off the right wing and the tail section and caused the aircraft to disintegrate. component parts of the B-50 then hit the water, at approximately same position at which the interception and attack took place. The total time which elapsed between the commencement of the Upon the B-50's first becoming disabled, in consequence of the aircraft, but to no avail. The the approximately two minutes. 1980 AMERICAN FOREIGN POLICY, 1950-1955 t C 0 ni chuted, into the Sea of Japan, all coming down at points within the area of the Sea of Japan approximately 40 miles south of Cape Povo- rotny. The United States Government finds, and charges, that all the actions of the MIG-15 type aircraft above described were taken upon the deliberate and willful orders of competent Soviet authorities. When the B-50 failed to return to its base at the time required for its return, and could not be otherwise accounted for, the competent United States authorities commenced and conducted a meticulous and thorough search of the area by aircraft and by surface vessels of the United States Government and with the assistance of a naval vessel of the Australian Government in the area. The search of the Sea of Japan off Cape Povorotny succeeded in the sighting in the inter- national waters of several survivors and disclosed the active presence in the same area of Soviet PT-type boats, trawlers and aircraft. One of the search aircraft dropped a lifeboat to a group of survivors but only Captain John E. Roche, the co-pilot, was able to reach the life- boat and get into it. Intermittent fog hampered the rescue efforts and no other personnel could be rescued by the United States and Australian surface vessels. When the weather in the area cleared up, by dawn of July 30, 1953, no evidence of survivors, other than Captain Roche, could be seen in the international waters of the Sea of Japan by the air or surface rescue craft. 2. The United States Government finds, and charges, that in direct consequence of the Soviet Government's actions above described, the following took place: a. The B-50 aircraft was totally destroyed. b. First Lieutenant James Gordon Keith, navigator situated in the nose of the aircraft, was thrown from his position and mortally wounded, so that he was unable to bail out from the aircraft, and died c. Captain Stanley K. O'Kelley, the aircraft commander, although he succeeded in bailing out from the aircraft to the waters of the Sea of Japan, was badly injured and shocked as a direct result of the shooting by the MIG-15 aircraft, and died as a result of these physical injuries and shock and of his exposure for approximately twenty hours in the Sea of Japan. d. Master Sergeant Francis Luther Brown, flight engineer, although he succeeded in bailing out from the aircraft to the waters of the Sea of Japan, was badly injured and shocked as a direct result of the shooting by the MIG-15 aircraft, and died as a result of these physical injuries and of shock and of long exposure in the Sea of Japan. e. Captain John Ernst Roche, the co-pilot, was thrown headlong into the body of the aircraft, suffering numerous bodily injuries and shock as a direct result of the shooting by the MIG-15 aircraft but he succeeded in bailing out from the aircraft. He suffered further shock and exposure in the Sea of Japan from approximately 6:17.00 the morning local time, July 29, 1953, to approximately 4:20 in the morning local time July 30, 1953. He was rescued from the waters of the Sea of Japan by a search vessel of the United States Navy f. The remaining thirteen members of the crew have not so far P 0 t. SI 0 & er MI 1 de et C ex THE SOVIET UNION 1981 known to the Soviet Government, move toward the coast, in a north- knots. Even if the Soviet Government did not have these crew 3. The B-50 aircraft at the time of the attack upon it and its destruction, and the navigational and flying equipment thereon, were in efficient and good working order. Each member of the crew was efficient and experienced in the performance of his task. In particular, Captain O'Kelley, the aircraft commander, was an efficient and experienced pilot; Captain Roche was an efficient and experienced been accounted for. The United States Government finds, however, that al of them suffered bodily injury and shock as a direct result of the shooting by the MIG-15 aircraft. It finds further that a number, if not all , of them successfully parachuted to the surface of the Sea of Japan in the area above described in which the attack and destruction of the B-50 took place. It must conclude that these persons were either picked up alive by surface vessels of the Soviet Government in the area in which they hit the water, or that in due course, dead or alive, they were carried by the prevailing currents to Soviet-held territory and into the Soviet Government's custody. Those dead, the United States Government finds and charges, were brought to their death by the injuries caused in the course of the attack on the B-50 aircraft, by shock and by exposure in the waters of the Sea of Japan. Those that were alive when they came into the custody of the Soviet Government, the United States Government finds and charges , suffered in addition injuries and anguish caused by their long detention by the Soviet Government, by the failure of the Soviet Government to inform the United States Government with respect to their whereabouts and their condition or to permit them to com- municate with United States Government authorities. These conclusions are based on the following considerations: (1 ) As the United States Government has previously indicated, personnel on board search craft of the United States Government observed at least twelve Soviet PT-type boats, at least one armed trawler-type Soviet naval vessel, and Soviet aircraft, proceeding at high speed to and from the area of the scene of the incident. Other surface vessels of Soviet nationality were in the vicinity. These observations were made as late as 3 o'clock in the afternoon local time July 29, 1953. In view of the failure of the Soviet Government to make responsive reply to questions of the United States Government in its note of January 26, 1954 on this subject, the United States Government is confirmed in its conclusion, and it charges, that these Soviet craft picked up survivors and portions of the disabled B-50 1) The prevailing currents of the Sea of Japan at the positions above mentioned and at the date of the incident, which are well of their arrival in Soviet territorial waters or on Soviet soil by August aircraft. 1, 1953. 1982 AMERICAN FOREIGN POLICY, 1950–1955 II t I statement is false. As the United States Government has stated co-pilot; First Lieutenant Czyz, First Lieutenant Wiggins and First Lieutenant Keith were efficient and experienced navigators. The United States Government finds as a result of its investigation bat in its notes above mentioned the Soviet Government willfully and knowingly made material misstatements of fact for the purpose of creating an untrue record and of misleading the United States Government. These misstatements of fact are most explicitly made in the Soviet Government's note of August 26, 1953 on this subject, which substantially reiterates the misstatements contained in the Soviet Government's earlier notes on the same subject: 1. The Soviet Government states that the B-50 aircraft at about 6 a. m. local time "violated the state boundary of the USSR, at first in the region of Cape Gamov, and continued the flight over the territory of the USSR at Askold Island not far from Vladivostok". But the Soviet Government has refused, although duly requested, to state where the boundary, which it claims, runs in this region. The United States Government must therefore conclude, as it has found , that the B-50 aircraft at no time crossed into territory of the Soviet Union in this area but, on the contrary, flew entirely in the air space over the international waters of the Sea of Japan. 2. The Soviet Government states that two Soviet fighter aircraft approached the B-50 with the intention of showing the B-50 that it was within the boundaries of the Union of Soviet Socialist Republics and with the intention of suggesting that the B--50 leave the air space of the Soviet Union. This statement must be characterized as false, as well as misleading, since the first intimation which the crew of the B-50 had of the approach of any aircraft was the destruction of the No. 1 engine on the B-50 by fire directed from one of the Soviet MIG-15 type aircraft, which had appeared without any warning whatever to the left and from below the B-50 aircraft. This fact and the shooting which immediately followed directed by MIG-15 type aircraft coming up without warning from behind the B-50 aircraft conclusively demonstrates that it was the intention of the MIG-15 interceptors, and of the competent Soviet authorities who dispatched them and controlled their actions, to give the crew of the B-50 aircraft no warning whatever but, on the contrary, to effect the B-50's destruction without any warning or opportunity to the crew to disengage or to defend themselves. 3. The Soviet Government's statement permits the implication that the interception of the B-50 by Soviet aircraft took place within the air space over Soviet territory. This statement is false also . As has been stated above, the interception as well as the attack took place approximately forty miles south of Cape Povorotny and in the air space over the international waters of the Sea of Japan. 4. The Soviet Government states that fire was first opened by the B-50, being directed against the intercepting Soviet aircraft. This T a f 8 t 17 8 CO it TE PI te 11 U an th CO THE SOVIET UNION 1983 contained in the United States Government's 'notes, there were no the B-50. returning to base, if not earlier, reported what they had done and what presumably including reports of ground observers as well as the data “refute the statement that the American airplane B-50 did not testimony of the pilots of the Soviet aircraft involved, and that these violate the boundary of the USSR and was attacked by Soviet fighters over the Sea of Japan”. The Soviet Government, although July requested in the United States Government's note of January 26, 1954, has failed and refused to produce these supporting data. The United States Government is compelled to conclude that such data as exist do not support the Soviet Government's conclusion and that these statements are therefore false. .9. The Soviet Government states that, contrary to the allegations above, the B-50 aircraft did not open fire until after two firing passes had been made by the Soviet intercepting aircraft. The first MIG-15 type aircraft, which as stated above without warning destroyed the No. 1 engine, flew away unscathed. When immediately thereafter one or more MIG-15 type aircraft appeared from behind, the MIG aircraft were firing and the gunners on board the B-5C were compelled in self-defense to open fire against the MIG aircraft so firing upon 5. The Soviet Government states that the attack took place at 6:12 in the morning local time. The United States Government charges that this statement is untrue and is known by the Soviet Government to be untrue. The United States Government has found that the interception and attack took place not earlier than 6:15 in the morning local time, if not later. By this time the B-50 aircraft, as the Soviet authorities well knew, had reached a point approximately forty miles off the Soviet land mass at its closest proximity. 6. The Soviet Government states that one of the Soviet aircraft was seriously damaged by fire from the B-50 in consequence of which the Soviet aircraft was compelled to fire upon the B-50. This state- ment is misleading as well as false. Even if, contrary to fact, the gunners had opened fire on the MIG aircraft appearing from rear, the destruction of the No. 1 engine by the MIG aircraft which appeared first and the hostile attitude of the MIG aircraft appearing in the rear would have justified the B-50 gunners in opening fire on the MIG aircraft. 7. The Soviet Government states that after the Soviet aircraft fired on the B-50 the B-50 “departed in the direction of the sea” and that the Soviet authorities have no further information regarding the American military aircraft. This statement must be character- ized as false as well as misleading. As stated above, within seconds after the Soviet aircraft hit the right wing and fuselage the B-50 disintegrated and fell into the sea. The pilots of the Soviet aircraft could not but have seen the consequence of their actions and reported it to the competent Soviet authorities. The United States Govern- ment notes that the Soviet Government admits that the pilots upon 8. The Soviet Government indicates that it has "verified data”, B-50 the had happened 1984 AMERICAN FOREIGN POLICY, 1950–1955 S 9 0 0 th W III to authorities of the United States Government rescued personnel, Soviet surface ships on July 29, 1953 in the area of the Sea of Japan in which the shooting incident took place, and it further implies that the weather conditions of fog and darkness were such that the observa- tions of the crews of search craft reported in the United States Gov- ernment's notes were not in fact made. These statements, as above indicated, are false and misleading. The weather, during the hours of daylight, was in fact foggy but at the low altitudes at which the search aircraft flew, and on the surface of the sea at which the naval craft proceeded, there was as the Soviet Government well knows intermittent visibility permitting the observations which were made and which were reported by the United States Government. 10. The Soviet Government states that as a result of investigation, it has been confirmed that the Soviet authorities have no information concerning the crew of the American bomber B-50”. For the reasons above stated this statement must be characterized as false and mis- leading The United States Government finds and it charges that the fore- going actions of the pilots of the Soviet aircraft and of the competent Soviet authorities made the Soviet Government guilty of deliberate and willful violations of international law, on account of which it has become liable to the United States Government for damages and other amends: 1. Since the Soviet Government has evaded the questions in the United States Government's note of January 26, 1954 on this subject , the United States Government declares that the limit of the territory of the Soviet Government in the area of the incident extends no further than three nautical miles from the mean low water mark of the shore line of the Soviet-held land mass in this area, following the sinuosities of the coast and the sinuosities of each of the Soviet-held islands. While the United States Government in instructions to its personnel has prohibited any overflying aircraft or seagoing craft from coming closer than twelve miles to Soviet-held territory in tra - ersing the international waters of the Sea of Japan or the air space above, the United States Government takes this opportunity again to inform the Soviet Government that it does not recognize the claim of the Soviet Government to territorial waters in excess of three miles from its coast. In the opinion of the United States Government there is no obligation under international law to recognize claims to territorial waters in excess of three miles from the coast. 2. In the circumstances of the case it was the duty of the Soviet Government to make every effort, following the wrongful destruction of the B-50 aircraft, to search for and pick up members of the crew, dead or alive, to cooperate with all other searching aircraft and surface craft in such' search and rescue operations and promptly to turn over the bodies of any dead personnel picked up and any portions of the aircraft salvaged, or to make arrangements for their prompt delivery a IS G W Hu平​让 ​01 t THE SOVIET UNION 1985 The United States Government declares that its demand for com- not imply the acquiescence of the United States Government in the withholding of those crew members from return to the United States, or the suppression by the Soviet Government of information regarding their whereabouts or welfare, or the making of false statements by the Soviet Government with respect thereto. The United States in the United States Government. The failure of the Soviet Govern- ment to do so constitutes violation of international obligations. 3. It was the duty of the Soviet Government to make truthful statements to the United States Government in the notes above men- tioned which the Soviet Government delivered to the United States Government in connection with this incident. The willful making of false or misleading statements in these circumstances constitutes a violation of international obligation. 4. The continued detention of survivors by the Soviet Government, and the failure of the Soviet Government immediately upon receipt of information at any time from its own sources of the observation of bodies of any of the crew members, constitute violations on the part of the Soviet Government of international obligation 5. Any shooting by the crew of the B-50 at the MIG aircraft, in the circumstances of the case, was lawful as an exercise of the right of self-defense. The B-50 having been fired upon and hit without prior warning, the crew of the B-50 were justified in the exercise of self- defense in shooting at the approaching MIG aircraft. The United States has suffered the following items of damage in consequence of the foregoing illegal acts and violations of duty and international legal obligations, for which the Soviet Government is liable , and the United States Government demands that the Soviet Government pay the following sums on account thereof: 1. United States Air Force airplane B-50 type No. 47–145A and equipment thereon, amounting in total to $1,468,908.56. 2. Damages to the United States by the willful and unlawful conduct of the Soviet Government $491,584.38. 3. Damages to Captain John Ernst Roche, a national of the United States, for injuries to him, $25,000.00. 4. Damages to the next-of-kin, nationals of the United States, for the deaths of Captain Stanley Keith O'Kelley, Master Sergeant Francis Luther Brown, First Lieutenant James Gordon Keith, 5. Damages to the next-of-kin, nationals of the United States, of the remaining thirteen crew members for all injuries resulting from the willful and unlawful conduct of the Soviet Government, including the wrongful deaths of such crew members or the wrongful and unlawful detention by the Soviet Government of such members of the crew as survived, $650,000.00. IV direct $150,000.00 415900m-57--Pol. 2 --22 1986 AMERICAN FOREIGN POLICY, 1950-1955 to ht G re 21 M ti 81 takes this opportunity again to demand that the Soviet Government forthwith provide the information in this regard which the United States Government has already requested, and make provision for the prompt return of any crew members whom it may still be holding or of whose whereabouts it is informed, and in the interim to provide such crew members with the maximum degree of care and comfort and facilitate access to them by appropriate representatives of the United States Government. The United States Government further declares that such demand for compensation with respect to members of the crew whose bodies came into the custody of Soviet authorities but who were no longer alive does not imply the acquiescence of the United States Government in the failure of the Soviet Government to inform the United States Government of such facts or to turn over such bodies to the United States Government. The United States Government further reserves the right to make additional demand upon the Soviet Government for amends or other actions on account of its conduct on or since July 29, 1953, with respect to such survivors or such dead crew members. Furthermore, the United States Government has not included in its demand for damages, specified above, any sum on account of items of intangible injury deliberately and intentionally caused to the United States Government and to the American people by the wrong- ful actions of the Soviet Government. In this regard the United States Government had determined to defer to a future date the formulation of the kind and measure of redress or other action which the Soviet Government should take which would be appropriate in international law and practice to confirm the illegality of the actions directed by the Soviet Government against the United States Govern- ment and against the American people. The Government of the United States calls upon the Union of Soviet Socialist Republics promptly to make its detailed answer to the allegations and demands made in this communication. Should the Soviet Government in its answer acknowledge its indebtedness to the United States on account of the foregoing and agree to pay the damages suffered and to comply with the demands as above set forth, the United States Government is prepared, if requested, to present detailed evidence in support of its calculations of damages suffered and alleged. If, however, the Soviet Government contests liability, it is requested so to state in its answer. In the latter event, the Soviet Government is hereby notified that the United States Government deems an international dispute to exist falling within the competence of the International Court of Justice and that the United States Government proposes that that dispute be presented for hearing and decision in the International Court of Justice. Since it appears that the Soviet Government has thus far not filed with that Court any declaration of acceptance of the com- pulsory jurisdiction of the Court, the United States Government invites the Soviet Government to file an appropriate declaration with the Court, or to enter into a Special Agreement, by which the Court may be empowered in accordance with its Statute and Rules ta fo li THE SOVIET UNION 1987 } I 1 foundation in fact the allegations contained in the Soviet Govern- ment's note number 340 dated September 5, 1954.4 As was stated in the Embassy's note number 160 dated September 5, 1954,5 the V.S. Navy aircraft was on a peaceful patrol mission over the high 1 Department of State Bulletin, Sept. 13, 1954, p. 364. 120 to 125 miles southeast of Vladivostok. (Footnote in original.] ? The U.S. Navy stated on Sept. 6, 1954, that the incident occurred about 3 Department of State Bulletin, Sept. 13, 1954, p. 365. to determine the issues of fact and law which have been set forth herein. The Soviet Government is requested to inform the United States Government in its reply to the present note of its intentions with respect to such a declaration or Special Agreement. September 4, 1954 Incident (Sea of Japan) 20. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 5, 1954 1 [First Note] A U. S. Navy P2V aircraft was attacked without warning by two MIG-type aircraft with Soviet markings at 1818 September 4 (local time). This attack took place over the international high seas approximately one hundred miles east of Vladivostok and forty-four miles from the Siberian coast.2 Each Soviet aircraft made one run on the U. S. Navy aircraft and disappeared towards the Siberian coast. As a result of this unwarranted and hostile attack, the U. S. Navy aircraft was destroyed. To this hour all survivors bave not been recovered. The U. S. Government protests this wanton and unprovoked attack 12. & U. S. Navy aircraft engaged on a peaceful mission over the high seas. The U. S. Government requests that measures be taken to subject those responsible to immediate and appropriate punish- manent. The U. S. Government reserves all rights to claim damages for loss of property and lives and for other circumstances resulting from this illegal attack by Soviet aircraft. 21. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 5, 1954 3 [Second Note] The United States Government rejects as completely without 5, firing Ibid. 5 Supra. . 1988 AMERICAN FOREIGN POLICY, 1950–1955 G OE seas some forty miles from the Siberian coast when it was attacked without warning and destroyed by two Soviet aircraft. At no time did the U. S. Navy aircraft open fire on the Soviet aircraft. The United States Government declares once more that it reserves rights to present claims for damages and expects that measures will be taken not only to subject those responsible to immediate and appropriate punishment but also to prevent recurrence of such wanton and unprovoked attacks.? 1 W June 23, 1955 Incident (St. Lawrence Island) fu IS 22. NOTE FROM THE UNITED STATES GOVERNMENT TO THE SOVIET GOVERNMENT, JULY 7, 19553 pu 101 th mi rel pa The United States Government acknowledges receipt of the memo- randum of the Soviet Government transmitted by the Soviet Foreign Minister, Mr. Molotov, to the Secretary of State, Mr. Dulles, on June 25,4 regarding the shooting down of a United States naval aircraft by Soviet military jet-propelled aircraft on June 23. The facts in possession of the United States Government do not accord with the statements set forth in the Soviet memorandum under acknowledgment. The United States plane, of propeller type, was on a routine daylight shipping surveillance flight, of a regular and well- known character. Such flights have been made at more or less regular intervals for some time past. The plane was on its reg; ular route, which involved, at one point, flying over international waters in the channel between the United States (St. Lawrence Island) and the Soviet Union. Carefully verified information discloses: that the United States plane was at no time nearer the Soviet Union than the approximate middle of the above-mentioned channel and was always well over interna- tional waters; that it did not at any time fire on the attacking Soviet aircraft; that no warning of any sort was given by the Soviet fighters before they opened fire on the United States plane. 1 Subsequent information obtained by the U.S. Navy disclosed that, after the second pass by the MIGs, one of the gunners on the U.S. plane was able to get off about 1009 rounds of:50 cal. ammunition. - [Footnote in Bulletin text. 2 Ambassador Lodge discussed the Sept. 4, 1954, incident and related incidents in the U. N. Security Council on Sept. 10, 1954 Department of State Bulletin Sept. 20, 1954, pp. 417-420). See also "Report of the Security Council to the General Assembly, Official Records, Tenth Session, Supplement No. 2 (A/2936) , 3 Department of State Bulletin, July 18, 1955, pp. 100-101. The note was transmitted to the Soviet Foreign Ministry by the American Embassy at Moscow See also Secretary Dulles remarks of June 28, 1955; ibid., July 11, 1955, pp. 50. 4 Ibid., July 18, 1955, pp. 101-102. 99 TA ONE S 0 pp. 15–18. 52-53. THE SOVIET UNION 1989 * Act of June 16, 1951; infra, pp. 2888-2892. as is necessary to suspend, withdraw or prevent the application of any "Sec. 5. As soon as practicable, the President shall take such action excise treatment, or other concession contained in any trade agree- reduction in any rate of duty, or binding of any existing customs or ment entered into under authority of section 350 of the Tariff Act of 1938, as amended and extended, to imports from the Union of Soviet Socialist Republics and to imports from any nation or area dominated or controlled by the foreign government or foreign organization controlling the world Communist movement." 1 Department of State Bulletin, Aug. 20, 1951, p. 291; and 65 Stat. c25-c26. The United States Government notes the statement of the Soviet Government that due to weather conditions, the possibility of error on the part of the Soviet planes existed in regard to this incident. It is presumed that this possibility of error refers to the geographic position and not the identity of the United States aircraft since it was flying in a clear area above broken lower cloud strata at the time it was attacked. Taking into account the regret expressed by the Soviet Government; its offer of compensation for damages to the plane and crew by the payment of 50 percent thereof; and, in particular, the statement in the Soviet memorandum that strict orders have been issued by the Soviet Government to its military authorities to refrain from any future action of this character, the Government of the United States is prepared, for the reasons herein mentioned, to regard the Soviet memorandum as providing an acceptable basis for the disposal of this particular incident; noting at the same time, however, that the United States plane acted throughout in a correct and blameless manner in pursuance of its peaceful mission and was in fact attacked over international waters. In conclusion, the United States Government expresses the hope that the Soviet Ġovernment will indeed in the future take all necessary measures to avoid repetition of this and like incidents, a repetition which , if it occurred, would inevitably have a harmful effect upon the relations of our two nations, relations which the United States, for its part, desires to see improved. C. ECONOMIC AND CULTURAL RELATIONS 23. IMPORTS FROM THE SOVIET UNION AND OTHER COM- MUNIST COUNTRIES: Proclamation by the President, August 1, 1951 1 WHEREAS sections 5 and 11 of the Trade Agreements Extension det of 1951 (Public Law 50, 82d Congress)? provide as follows: 1990 AMERICAN FOREIGN POLICY, 1950-1955 81 of of th “Sec. 11. The President shall, as soon as practicable, take such measures as may be necessary to prevent the importation of ermine , fox, kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed or undressed, which are the product of the Union of Soviet Socialist Republics or of Communist China." WHEREAS an important element in determining when it may be practicable to apply these provisions to particular articles is the ability to do so consistently with the international obligations of the United States; WHEREAS, in giving effect to the procedures available to free the 24 United States from international obligations existing with respect to some of the nations and areas covered by the above provisions, it will not be practicable to apply such provisions to all such nations and areas at the same time; Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the said sections So 5 and 11 of the Trade Agreements Extension Act of 1951, do proclaim: st mi PART I That the application of reduced rates of duty (including rates of the import tax) established pursuant to trade agreements heretofore or in hereafter entered into under the authority of section 350 of them Tariff Act of 1930, as originally enacted or as amended and extended (ch. 474, 48 Stat. 943; ch. 22, 50 Stat. 24;ch. 96, 54 Stat. 107; ch. 118 , 57 Stat. 125; ch. 269, 59 Stat. 410; ch. 678, 62 Stat, 1053; ch. 585, 63 Stat. 697; Public Law 50, 82d Congress), shall be suspended with it respect to imports from such nations and areas referred to in section 5 as may be specified in any notification pursuant to this part of this te proclamation given by the President to the Secretary of the Treasury , and published in the Federal Register, which are entered, or withdrawn su from warehouse, for consumption on such date as may be specified s for each such nation or area in the notification, or are so entered or withdrawn thereafter until such date as may be so specified in a later notification and so published for the termination of such suspension, ac For the purposes of this part the term “imports from such nations and areas" shall mean articles imported directly or indirectly into the United States from nations or areas specified in an effective notifica tion, but shall not in any case include articles the growth, produce, or manufacture of any other nation or area. In St to PART II 13 That the entry, or withdrawal from warehouse, for consumption of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed or undressed, shall be prohibited 'as to products of such nations and areas as may be specified in any notification pursuant to this part of this proclamation given by the President to the Secretary of the Treasury, and published in the Federal Register, on such date as may be specified for each such nation or area in the notification, and 2 THE SOVIET UNION 1991 1952 1 The distribution in the United States by the Soviet Embassy in 1. Government or its organs should also be suspended. Washington of pamphlets published at the expense of the Soviet the publication of “Amerika' at such time as the Soviet Government ir distribution and sales which has been accorded Soviet publications in the United States and to grant to representatives of the United | to verify the extent of distribution actually made. States Government facilities which would make it possible for them | 132; ibid., June 18, 1951, pp. 985–986; and ibid., Aug. 18, 1952, pp. 263-264. · Department of State Bulletin, July 28, 1952, p. 127, See also ibid., pp. 127- thereafter until such date as may be so specified in a later notification and so published for the termination of such prohibition, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington this 1st day of August in the year of our Lord nineteen hundred and fifty-one, and of the Independence of the United States of America the one hundred and seventy-sixth. 24. SUSPENSION OF PUBLICATION OF AMERIKA AND THE 0 U.S.S.R. INFORMATION BULLETIN: Note From the American | Embassy at Moscow to the Soviet Foreign Ministry, July 14, d d The Embassy of the United States of America presents its compli- d ments to the Ministry of Foreign Affairs of the Union of Soviet 2. Socialist Republics and has the honor to state that it has been in- structed to inform the Soviet Government that publication of the magazine "Amerika" is being suspended immediately. Since the beginning of 1949 it has become increasingly apparent of that the Soviet Government, through its agencies, has been engaged oru progressive restriction of the full distribution and free sale of the ne magazine . As a result of this obstruction the number of copies which can be presumed to reach the Soviet public has become so small as 8, not to justify a continuation of this effort of the Government of the 13 United States to supply Soviet readers with a true picture of American ile and thus to promote understanding between the two peoples. In view of the evident unwillingness of the Soviet Government to is reciprocate the privileges granted by the Government of the United States to Soviet publications, the Soviet Government is requested to suspend immediately the publication and distribution in the United ed States of the U.S.S. R. Information Bulletin and supplements thereto. of d d can D 12 DI I ar le h ;0 'V IS d 1992 AMERICAN FOREIGN POLICY, 1950–1955 25. EAST-WEST TRADE CONTROLS: Statement by the Director of Mutual Security, March 3, 1953 2 26. 1 wit Cro ana COI mo and Communist-made weapons and munitions are now being used in the Korean war to commit aggression against the United Nations and to kill and wound men of the United Nations forces including soldiers of the Republic of Korea, [the] United States, Belgium, Canada , we Colombia, Ethiopia, Luxembourg, New Zealand, Australia, Greece , in France, the Netherlands, [the] Philippines, Thailand, Turkey, and an the United Kingdom. Communist-made weapons and munitions are being used in the the Indochinese war against the Vietnamese and French forces in a violent fie illegal action seeking to overthrow the established Government. Under these circumstances every possible effort should be made to Ft prevent strategic supplies from reaching the Soviet bloc. Much has been done by the free and sovereign nations, including the United pa States. Much more needs to be done. Much more will be done understa President Eisenhower's new Administration. Our increased efforts will include these measures: (1) Special moves against what I call the "Triple C Men." These are the "Capitalist-Communist-Collaborators" who operate beyond the law and, in a greedy drive for profits, carry on an underground trade sending strategic materials into the Communist area. De (2) Peaceable but effective measures to stop the sly movement of tio: ships carrying strategic materials on a transshipment basis from the West to the Communist area. Special attention will be given to ships originally built and owned by the United States and later sold to foreign nationals or registered under foreign flags. (3) Cooperation with the appropriate investigating committees of 27 the Congress to develop the facts and devise any remedies necessary. (4) Study and consultation with the Foreign Řelations and Foreign Affairs Committees of any further legislative measures needed to carry out more effectively the intent of the Battle Act. bas (5) Appropriate participation in the negotiations conducted by the Department of State with other free nations for the more effective w des control of strategic materials and of shipping: (6) Coordination with the Departments of State, Treasury, De An fense, Commerce, and other Departments and Agencies in a combined program of pertinent administrative action. (7) Appointment of Gen. William J. Donovan as special consultant in East-West trade control. foi In- 1 Harold E. Stassen. tiv 2 Department of State Bulletin, Mar. 23, 1953, pp. 435–436. 3 Act of Oct. 26, 1951; infra, pp. 3101-3105. IM 3 TOT an stu TAJ the 19E THE SOVIET UNION 1993 Department of State Bulletin, Mar. 21, 1955, p. 487; see also ibid., Apr. 25, Y 5 bassy at Moscow to issue visas to 11 editors of Soviet student and Ministry of Foreign Affairs has indicated that these student editors The Department has asked the Institute of International Education, en organization with wide experience in the field of international student exchange, to undertake to make the necessary arrangements for the reception and itinerary of the 11 Soviet student editors. Institute of International Education has agreed to respond affirma- tively to the Department's request and will make all necessary ar- rangements for the trip directly with the Soviet student editors and ? Department of State Bulletin, Apr. 12, 1954, p. 563. Aet of Oct. 26, 1951; infra, pp. 3101-3105. 2. ALLIED DISCUSSIONS REGARDING EAST-WEST TRADE: Statement by the Director of the Foreign Operations Administra- tion,' March 31, 1954 2 d Our conferences in London with representatives of the governments of the United Kingdom and France on the subject of East-West trade were successful and satisfactory. We reached an agreement. That in itself is important for in standing together there is great strength and essential security. We agreed on the principles and on the procedure through which these principles would be applied in detail, in cooperation with other t friendly countries, in the months ahead. Our agreement is in harmony with the Battle Act 3 passed by the U.S. Congress and it is in accord o with the security policies of President Eisenhower's administration. $ We do anticipate, compatible with security requirements, an ex- dpanded trade with the Soviet Union and with the Eastern European 1 states in the export to them of peaceful goods in exchange for items and materials which the free world can use. The existing tight controls on trade with Communist China and North Korea will be I will report the results of our conferences to President Eisenhower and to the Secretary of State. á number of the technical staff including representatives of the Departments of State, Defense, Commerce, and the Foreign Opera- tiens Administration have remained in Europe to follow through the implementation of our agreement. d 127. VISIT OF SOVIET STUDENT EDITORS: Statement by the Department of State, March 10, 1955 4 The State Department on March 10 authorized the American Em- desire to visit the United States in order to acquaint themselves with maintained. d d of ce . 11 a American student life. the Soviet Government. 1 Harold E. Stassen. 1953, p. 695. 1994 AMERICAN FOREIGN POLICY, 1950-1955 28. DISCUSSIONS REGARDING EXCHANGE OF MEDICAL FILMS: Note From the Acting Secretary of State to the Soviet Ambassador at Washington, March 17, 1955 3 m OX Sa 81 The Acting Secretary of State presents his compliments to His Excellency the Ambassador of the Union of Soviet Socialist Republics and has the honor to refer to discussions that have taken place con- 24 cerning the possibility of arranging for exchanges of medical films between the Soviet Union and the United States. Such discussions were held by Professor B. V. Petrovsky, member of the Union of Soviet Socialist Republics Academy of Medical Sciences, and Major Paul W. Schafer, Medical Corps, Walter Reed Hospital, Washington , District of Columbia, during the Second World Congress of Cardiology held in Washington, D. C., in September 1954, and subsequently between officers of the Soviet Embassy and Major Schafer. It is understood from the discussions referred to above that the U Soviet Union desires to exchange medical films with the United States. On the basis of such an understanding the United States is prepared to participate in such an exchange with the Soviet Union. As a first step in effecting such an exchange there is enclosed a list of films which can be made available to the Soviet Union in the near future. The Soviet Government is requested to indicate which of the de films on the attached list it desires: following the receipt of such indi- cation the requested films will be transmitted to the Soviet Govern- ment. It is believed that the most feasible method of effecting a reciprocal exchange of films would be for the Soviet Government in presenting the list of films which it desires from the United States to submit list of Soviet films which it is prepared to make available to the United ti States. The United States Government would then indicate which of the Soviet films it desires, and such films would subsequently be transmitted to the United States. The proposal for an exchange of medical films is made by the United States Government on the understanding that the films made available $ by both Governments will be on a six-month loan basis and that the films made available by each of the Governments during the six-month 1 period will be comparable. m ca 87 ( . Enclosure : List of United States Films. 1 List of United States Films 1. Combined Abdominal and Right Thoracic Approach to Carcinoma of the Mid Esophagus 2. Congenital Malformations of the Heart 3. Patent Ductus Arteriousus 4. Intravenous Anesthesia with Barbiturates 5. Ether Analgesia for Cardiac Surgery 1 Herbert Hoover, Jr. 2 Georgi N. Zaroubin. Department of State Bulletin, Nov. 14, 1955, p. 785; see also Soviet note of Sept. 5, 1955 (ibid., p. 786). 3 THE SOVIET UNION 1995 point may be arranged within the general framework of the proposed IS S IS I 3. in the itinerary and other visits to areas and installations outside of Soviet delegation. The University of Minnesota will also be included lowa of interest to the Soviet delegation from an agricultural stand- note of May 20, 1955 (ibid., June 13, 1955, p. 970) and statement of June 2, 1955, Department of State Bulletin, June 6, 1955, pp. 932–933. See also Soviet by the Departments of State and Agriculture (infra). ? The Soviet note of Mar. 10 (not printed) expressed the view that an exchange of agricultural delegations could be advantageous and requested the U. S. Government's opinion concerning such an exchange. (Footnote in Bulletin.] L 6. Cancer: Problem of Early Diagnosis (Series) 7. Anemia et 8. Diseases of the Ear, Nose, and Throat 9. Nephrosis in Children 10. Surgical Repair of Direct Inguinal Hernia 29. EXCHANGE OF AGRICULTURAL DELEGATIONS: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, Is ! May 17, 1955 1 1 The Embassy of the United States of America presents its compli- by ments to the Ministry of Foreign Affairs of the U. Š. S. R. and has the honor to refer to the Ministry's note of March 10, 1955 concerning the proposal by the Des Moines Register of Des Moines, Iowa, that an exchange of agricultural delegations be arranged between the Soviet e Union and the United States.2 Reference is also made to conver- d sations in connection with such an exchange held between representa- tives of the Embassy and the Ministry of Foreign Affairs on May 4 and May 6, 1955. As the Ministry was advised on May 4, the United States Govern- ment takes a favorable view of the proposed exchange of agricultural delegations between the Soviet Union and the United States. In view of the decision by the Soviet Government to designate an official delegation to participate in an exchange, the United States Govern- ) ment is prepared to grant official visas to the members of a Soviet delegation of approximately ten agricultural specialists upon notifi- cation by the Ministry of their names and official status. 2 The United States Government believes that the most advantageous time for the Soviet delegation to visit the United States from the standpoint of agricultural conditions would be during midsummer. It is, therefore, proposed that the Soviet delegation plan to be in the United States from approximately July 10 to August 10, 1955. In view of the official status of the Soviet delegation, the United States Department of Agriculture will assist in making general urangements for the tour of the Soviet group in the United States. contemplated that the central part of the tour would be con- centrated in the State of Iowa, where Iowa State College, at the request of the United States Government, is willing to undertake to Bake appropriate arrangements for the reception and itinerary of the it tour, 1996 AMERICAN FOREIGN POLICY, 1950-1955 CC i Department of State Bulletin, June 13, 1955, p. 970. See also statements of The composition of the American farm delegation to visit the Soviet Union, which will have unofficial status, will be determined in con sultation with the Department of Agriculture, Iowa State College and other nonofficial institutions and organizations concerned with agricultural matters. The United States Government would be th pleased to have an indication from the Soviet Government as to the approximate size of the American delegation it would be prepared to P receive and the most appropriate time for the American delegation to observe Soviet agricultural methods. Although, as indicated above, the U. S. Department of Agriculture u will have general advisory responsibility for arrangements regarding the tour of the official Soviet delegation, it is the desire of the U. S. Government that the members of the Soviet group have the widest possible opportunity to observe at first hand the functioning of U.S. farms and installations servicing agricultural needs. With this object in view, and keeping in mind the technical interests of the Soviet agricultural experts, a program will be developed for the visit 31 of the Soviet delegation which will permit the members of the dele- gation to familiarize themselves with U. S. farming methods in the total environment in which they operate. In the State of Iowa, which possesses a great diversity of agricultural conditions, the Soviet delegation will be shown the methods and procedures used in connec- tion with the production of corn and raising of pigs and other livestock, Se as well as the central role played in agricultural production by family by owned and operated farms. In the U. S. the most efficient level of G agricultural production has been developed on the basis of such units, operating on their own initiative, and utilizing as they see fit the var- ious agricultural services provided by local, state, cooperative and Federal Government entities. The U. S. Government welcomes the opportunity which will be provided by the visit of the Soviet agricultural delegation to present pe to the Soviet experts these and other aspects of American farm practices. 30. EXCHANGE OF AGRICULTURAL DELEGATIONS: Statement by the Departments of State and Agriculture, June 2, 1955 The U.S. Departments 'of Agriculture and State on June 2 an- nounced that 12 representatives of American agriculture will comprise a delegation scheduled to visit the U.S.S.R.between July 15 and August 15. Since the visit to the Soviet Union will be unofficial, no provision will be made for payment of travel expenses from U.S. Government funds. The delegation will be broadly representative of American agriculture, and its members will be persons well recognized in farming July 25, 1955, pp. 151–152) and Secretary Dulles comments of Oct. 18, 1955 (ibid., Oct. 31, 1955, p. 689). SE 1 C 1 THE SOVIET UNION 1997 - 8 0 ) 3 distribution within the USSR of an illustrated Russian language Accordingly, the Government of the United States proposes the in character, devoted to an objective presentation of various aspects of American life. The Government of the United States further 50,000 copies of each issue to be distributed through Soviet distribu- proposes that distribution of this magazine be effected as follows: tion channels, with an option to increase this number, with the Government of the United States reserving the right to distribute 2,000 copies of each issue through the Embassy on a complimentary basis, with an option to increase the number. Dulles statement of Oct. 31, 1955 (infra, doc 44); Soviet note of Dec. 16, 1955 Department of State Bulletin, Jan. 2, 1956, pp. 18-19. See also Secretary (Department of State Bulletin, Jan. 2, 1956, p. 19); and statement of Dec. 23, 1955, by the Department of State (ibid., p. 18). and in agricultural research and extension. It is understood that the itinerary will include various rural areas of the Soviet Union and e Sgricultural research and educational institutions. 1 To date, several hundred persons have expressed interest in making the trip. The national farm organizations, Iowa State College, Ames, Iowa, and other land-grant colleges are being invited to make preliminary nominations. Final selections will be made by a non- | official public group to be designated. The visit to the U.S.S.R. is of a reciprocal nature. The Soviet ? Union is sending to the United States an agricultural delegation of similar size during the approximate period July 10 to August 10. A considerable amount of time will be spent in Iowa, in accordance with the expressed Soviet interest in corn-hog production. 31. PROPOSED RUSSIAN-LANGUAGE MAGAZINE: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, September 9, 1955 1 The Embassy of the United States of America presents its compli- ments to the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics and has the honor to refer to the views expressed by the President of the United States in addressing the Heads of Government of the USSR, France and the United Kingdom at Ge- meva , on July 22, on the topic of normalizing and increasing East- West contacts. President Eisenhower said in part: To help achieve the goal of peace based on justice and right and mutual under- standing, there are certain concrete steps that could be taken: (1) to lower the eners which now impede the interchange of information and ideas between The Government of the United States believes that publication, byit, of a Russian language magazine for distribution within the Soviet Union , would constitute a concrete step furthering a fuller inter- change of information and ideas. negazine , issued monthly, which would be cultural and nonpolitical 1 } peoples * 1 2 * Infra, doc. 39. 1998 AMERICAN FOREIGN POLICY, 1950-1955 D. In view of the cultural and non-political character of the magazine proposed by the United States, it is assumed that the Soviet Govern- ment would not request pre-publication review or any other type of censorship, such as that previously imposed on foreign publications as a war-time emergency measure. The Embassy awaits the favorable reply of the Ministry regarding this proposal and is prepared to discuss the details of its implementa- tion with the appropriate Soviet authorities at an early date. T Mir 1" aut! NO know limit T. beta miss 32. EAST-WEST TRADE: Statement by the Secretary of Commerce , November 3, 1955 (Summary) 1 Secretary of Commerce Sinclair Weeks announced on November 3 a plan to ease controls on private commercial trade in peaceful goods with the European Soviet bloc. In making the announcement Secretary Weeks said: This plan is designed to carry out further the objective urged by President Eisenhower at Geneva in July "to create conditions which will encourage nations to increase the exchange of peaceful goods throughout the world.” At the Foreign Ministers Conference in Geneva on October 31, Secretary of State John Foster Dulles indicated the intention of the U.S. Government to simplify export control procedures on shipments of peaceful goods to the Soviet bloc.3 Secretary Weeks said that the Bureau of Foreign Commerce is setting up an initial roster of certain peaceful goods which will be exportable to the European Soviet bloc under general license, with- out prior application to the Bureau. Establishment of the new roster thus will relieve U.S. exporters of the burden involved in applying for individual licenses for commodities included on the roster. Strategic goods, which under present policy are not licensed to the Soviet bloc, will be excluded from the new roster. Only peaceful goods will be included, such as are now being approved for export to the Soviet bloc under individual licenses. Examples of commodities recently licensed for shipment to the bloc include tallow, hides and skins, wool rags, cigarettes and tobacco, phosphate rock, pencil slats, and rosin. Secretary Weeks indicated that the new arrangements are expected to be in effect by the end of the year. The new procedure will not affect U.S. export controls to Com- munist China and other Far East Communist points. relati Unie nati The its Fale QUST astie | Biss | but met T thai this Sov be Per Department of State Bulletin, Nov. 14, 1955, p. 784. 2 Statement of July 22, 1955; infra, doc. 39. 3 Infra, doc. 44. 1 1 1 THE SOVIET UNION 1999 American Embassy. auspices of the Order of Assumptionists, a Roman Catholic ecclesi- astical organization with headquarters at Worcester, Mass. Father Bissonnette has no official connection with the American Embassy went to administer to the spiritual needs of American Roman Catholics | The Department has been informed by the Order of Assumptionists that plans had already been made, before the recent Soviet action gainst Father Bissonnette, to send Father Louis F. Dion to Moscow symptionists intends to make application in the near future to the wiet Embassy for a Soviet entry visa for Father Dion in order that te may proceed to Moscow to continue the work which was being performed by Father Bissonnette. wander the terms of the Litvinov Agreement and was in no way related As stated above, Father Bissonnette's presence in Moscow was ' Department of State Bulletin, Mar. 14, 1955, p. 424. Poreign Relations of the United States: The Soviet Union, 1933–1939, pp. 27-37. D. ENTRY AND RESIDENCE PRIVILEGES OF AMERICAN AND SOVIET CLERGYMEN 33. STATEMENT BY THE DEPARTMENT OF STATE, MARCH 2, 1955 1 The American Embassy at Moscow has been advised by the Soviet Ministry of Foreign Affairs that the Soviet Government is expelling the Rev. Georges Bissonnette, an American Roman Catholic priest resident in Moscow. Father Bissonnette has been told by the Soviet uthorities that he must depart from the Soviet Union by March 5. so reason for Father Bissonnette's expulsion has to date been made known by the Soviet Government to Father Bissonnette or to the The U.S. Ambassador to the Soviet Union on March 1 protested ngorously to the Soviet Ministry of Foreign Affairs the Soviet action gainst Father Bissonnette as a violation of those portions of the utvinov Agreement ? (the exchange of notes of November 16, 1933, between President Roosevelt and Maxim Litvinov, People's Com- miser for Foreign Affairs of the Soviet Union, whereby diplomatic mations were established between the United States and the Soviet Union ) pertaining to freedom of conscience and religious worship of Istionals of the United States on the territory of the Soviet Union. The Soviet Government, however, thus far has refused to reconsider is position regarding Father Bissonnette's ouster. Pertinent portions of the Litvinov Agreement are attached hereto. Father Bissonnette, who was born on July 22, 1921, at Central fall, R. I., has been in Moscow since January 25, 1953, under the as a replacement for Father Bissonnette. The Order of that city this spring Not reprinted here. : AMERICAN FOREIGN POLICY, 1950–1955 2000 m ecclesiastical functionaries will be protected from all disability or persecution | Americans desiring to enter the Union of Soviet Socialist Republics on personal to cases of temporary visits to the United States and Union of Soviet Socialist Republics by ecclesiastical figures of the respective countries which have occurred from time to time in the past. 00 So th th 34. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW th TO THE SOVIET FOREIGN MINISTRY, JUNE 27, 1955 The Embassy of the United States of America presents its compli- ments to the Ministry of Foreign Affairs of the Union of Soviet pr Socialist Republics and has the honor to refer to the Ministry's note of No. 20/OSA of March 8, 1955 ? in connection with the expulsion from the Soviet Union of Father Bissonnette, an American priest residing i in Moscow under the terms of the exchange of notes of November 16 , 1933 between President Roosevelt and Mr. Litvinov relating to free- dom of religion for American nationals residing in the Soviet Union . th The Ministry's note under reference, which makes clear that the res action taken against Father Bissonnette was in retaliation for the refusal of the United States Government to extend the visa issued to at Archbishop Boris of the Russian Orthodox Church, contends that in de the agreement of November 16, 1933 both countries bound themselves to to "extend on the territory of their countries to citizens of the other en Li party the right to satisfaction of their spiritual needs by priests, pastors, rabbis, or other ecclesiastical functionaries who are citizens of the other party'. It will be recalled that the exchange of notes in 1933 was initiated by a note from President Roosevelt, the final paragraph of which is St reads as follows: ad We will expect that religious groups or congregations composed of nationals of the United States of America in the territory of the Union of Soviet Socialist Republics will be given the right to have their spiritual needs ministered to by clergymen, priests, rabbis or other ecclesiastical functionaries who are nationals ac of the United States of America, and that such clergymen, priests, rabbis or offer all th their ecclesiastical status.3 Bip This is the only paragraph of the note which deals with the question of the right of clergymen to enter the Soviet Union to minister to the religious needs of American nationals. The final paragraph of the Soviet reply of the same date reads as follows: BE th Finally, I have the honor to inform you that the Government of the Union of Soviet Socialist Republics, while reserving to itself the right of refusing visas ta WE grounds, does not intend to base such refusals on the fact of such persons having In an ecclesiastical status. 4 cit the 1 Department of State Bulletin, July 18, 1955, pp. 102–103. 3 President Roosevelt to the Soviet Commissar of Foreign Affairs, Nov. 18 th 1933; Foreign Relations of the United States: The Soviet Union, 1933–1939, p. * The Soviet Commissar of Foreign Affairs to President Roosevelt, Nov. 16 B: 1933; ibid., p. 33. me DE 8 rei sto sto h be THE SOVIET UNION 2001 es clergymen abroad. Furthermore, the fact that the notes contained Jl the more clear in that the expulsion of Father Bissonnette from the Soviet Union was undertaken, not because of objection to Father Bissonnette on personal grounds, but solely in retaliation for the refusal of the United States Government to permit the extension of 26 status in the United States was not comparable to that of Father stay in the United States of the Soviet Archbishop Boris, whose Bissonnette in the Soviet Union. Archbishop Boris was admitted into to that faction of the Russian Orthodox Church in the United States which is administratively subordinate to the Moscow Patriarchate. In this capacity, Archbishop Boris was in contact with American the possibility of holding religious services in many different churches citizens who are members of the Russian Orthodox Church and had 18 number of American cities which he visited during his stay in the United States. In contrast to Archbishop Boris' status, Father 5 Bissonnette resided in Moscow under the terms of a formal agreement | between the United States and the Soviet Union. He served the et It is apparent that, when considered together, these two notes can enly mean that American clergymen will be permitted to enter the Soviet Union to minister to the needs of American nationals resident there , although it is recognized that the Soviet Government reserved the right to refuse a visa on "personal grounds”. The meaning of this reservation would appear to be that a visa would be refused if an individual applicant were objectionable on some ground other than tis being a clergyman. it! The reservation made by the Soviet Union is not applicable in the et present instance, since Father Bissonnette was not expelled because te d objection to him personally but simply in retaliation for action m taken by the United States Ğovernment in connection with Arch- ng bishop Boris. 6. There is no condition of reciprocity contained in the Soviet note of November 16, 1933, and the proposal in the United States note of 1. that date was confined to rights for American clergymen. That no he reciprocity was provided for in these particular notes appears to have he arisen from the fact that the Soviet Government gave no indication to at that time of being concerned with the problem of sending Soviet es no provision for reciprocity cannot be regarded as accidental, since er another exchange of notes between President Roosevelt and Mr. S Librinov on the same date relating to noninterference in political is i matters contains a provision for reciprocal adherence to the engage- ments undertaken. ed. It is therefore the view of the United States Government that there i no basis for the claim of the Soviet Government that the United States is bound by the terms of the November 16, 1933 agreement to admit clergymen from the Soviet Union to minister to the religious needs of Soviet nationals in the United States. On the other hand, the United States Government regards the dhe action of the Soviet Government in expelling Father Bissonnette as se a violation of the terms of the 1933 agreement. This violation is of st by of 1. of al 18 41590057-Vol. 2----23 2002 AMERICAN FOREIGN POLICY, 1950–1955 ISS ad 08 ar ap Louis Dion, who has been designated by the Assumptionist Order to note delivered June 27, 1955, by the American Embassy at Moscow to the Soviet Ministry of Foreign Affairs protesting the expulsion from the U.S. S. R. of the Reverend Georges Bissonnette, a member of the Assumptionist Order.2 This note refuted the Soviet Govern- spiritual needs of Americans in Moscow and had no contact with Soviet citizens of the Roman Catholic faith. Due to action of the Soviet Government, Father Bissonnette was unable to hold services es in the Roman Catholic church in Moscow and was forced to use his PI small apartment for this purpose. to The United States Government considers as irrelevant to the les matter at issue the question raised in the Ministry's note of March & 1955 with respect to the practice of the Moscow Patriarchate in designating heads of the Russian Orthodox Church in America. I may be noted, however, that no interference by the United States to Government has ever been interposed to the appointment by the Moscow Patriarchate of officials of that segment of the Russian of Orthodox Church in America which recognizes the right of the Moscow Patriarchate to make appointments of this kind. When such officials tr are not United States citizens, the conditions of their entry into the Ar United States are necessarily determined in the context of pertinent United States immigration laws and regulations. As is evident from st the action of the United States Government in permitting visits to Re the United States of Soviet clergymen, including most recently the late Archbishop Germogen and Archbishop Boris, the United States Government has not objected in principle to temporary visits to the Ju United States of Soviet ecclesiastics for the purpose of conducting cl legitimate church affairs. Ui În reiterating its protest against the expulsion of Father Bisson Af nette the United States Government requests that favorable action be be taken with regard to issuance of a Soviet entry visa to Father Er succeed Father Bissonnette and who made application for a Sovisi form visa at the Soviet Embassy in Washington, D.C. on March 23, 1956. a If the Soviet Government now considers it desirable that Sopii mi clergymen be admitted to the United States in order to minister to the religious needs of Soviet nationals, the United States Government is prepared in the interest of reciprocity to extend to a Soviet cleres" cep man the same possibilities of entry and religious activity as those accorded to American clergymen in the Soviet Union under the terms of the November 16, 1933 agreement. 35. STATEMENT BY THE DEPARTMENT OF STATE, NOVEMBER 15, 1955 1 The Department of State on June 28, 1955, released the text of a vis DO em un WC aci арт ad Ca the org 001 Wa . 1 1 Department of State Bulletin, Nov. 28, 1955, p. 888. * Supra. THE SOVIET UNION 2003 · Department of State Bulletin, Nov. 14, 1955, pp. 784-785. I 20 1 11 | action was undertaken November 4, 1955. Catholics in Moscow requires the admission of Archbishop Boris into the United States for an indefinite period to head an American church note of November 10 that Archbishop Boris would fulfill this broad ganization. Inasmuch as the Soviet Government indicated in its and unacceptable function, the Soviet Ministry of Foreign Affairs was requested by the American Embassy at Moscow on November 12, 1955, to return the passports of the Archbishop and his secretary. issued to Soviet Archbishop Boris constituted a violation of the terms of the November 16, 1933, Roosevelt-Litvinov agreement, which established diplomatic relations between the two countries and which provides for the presence of American clergymen in the Soviet Union to minister to the spiritual needs of American nationals. Neverthe- less , the United States Government in this note stated: BE If the Soviet Government now considers it desirable that Soviet clergymen be admitted to the United States in order to minister to the religious peers of Soviet nationals , the United States Government is prepared in the interest of reciprocity si to extend to a Soviet clergyman the same possibilities of entry and religious activity as those accorded to American clergymen in the Soviet Union under the terms of the November 16, 1933 agreement. The Embassy's note of June 27, 1955, pointed out the sharp con- trast between the functions of an American priest ministering to American Catholics in the U. S. S. R. and the functions of a Soviet archbishop , heading an American church organization in the United States , and requested that Father Bissonnette's appointed successor, Father Louis Dion, be granted the Soviet visa for which he had te applied on March 23, 1955. No direct reply was made by the Soviet Government to our note of June 27, 1955, and its voluntary offer of reciprocity permitting a Soviet | clergyman to attend to the religious needs of Soviet nationals in the United States. On September 8, 1955, the Soviet Ministry of Foreign Affairs requested our Embassy to issue unlimited visas to Archbishop 23 Boris and his secretary, and Father Dion was advised by the Soviet Embassy in Washington that it was prepared to issue him a Soviet yasa . A request by our Embassy on September 14, 1955, to be in- e formed if by its action of September 8 the Soviet Government was 5. accepting tħe basis set forth in our June 27 note relative to the per- missible activity of a Soviet clergyman in the United States elicited In the absence of such response and following Father Dion's ac- leptance of a Soviet visa, the American Embassy in Moscow was instructed to issue U. S. visas to the Archbishop and his secretary, emphasizing at that time that these visas were being issued on the understanding that the Archbishop's functions in the United States would not exceed those permitted Father Dion in Moscow. This apparent that the Soviet Government continues to insist that the admission of Father Dion to tend the spiritual needs of a few American to visa to 10 Soviet response. DS 2 11 88 Not printed. 2004 AMERICAN FOREIGN POLICY, 1950-1955 8S 1 VE CO ece As the Ministry is aware, a representative of the Assumptions the so that their U. S. visas could be canceled. At the same time, the On willingness of the U. S. Government to admit a Soviet clergyman to the fulfill functions comparable to those permitted the American priest su in Moscow was reaffirmed. U th 36. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, DECEMBER 10, 1955 Bo VC Go The Embassy of the United States of America presents its compli-D Di ments to the Ministry of Foreign Affairs of the Union of Soviet du Socialist Republics and has the honor to refer to the Ministry's Note No. 118 of December 2, 1955.2 Essentially, the Ministry's note again supports the view of the Soviet Government that Soviet Archbishop Boris should be granted the privilege of unlimited entry to the United States to function as resident Exarch of the Russian Orthodox Church in America before the American Catholic priest , Father Dion, will be permitted to enter the Soviet Union to assume the pu modest functions which his predecessors fulfilled under the terms of pen the November 16, 1933 agreement which established diplomatic relations between the USA and the USSR. It is regrettable that the fee Soviet Government has seen fit since its expulsion of Father Bisson- nette in March 1955 4 to link these dissimilar cases. Properly considering each of these matters in its own context , the of United States Government holds to the position presented in the Embassy's note of June 27, 1955 5 that the right of American clergy of men to tend the spiritual needs of American nationals in the Soviet Union rests on the terms of the November 16, 1933 agreement . Consequently, the Soviet Government's expulsion 'of Father Bisson nette and its present negative attitude toward the admission of Father Dion constitute a clear violation of that agreement. Although the Ministry's Note of March 8. 1955 6 erroneous claimed that the November 16, 1933 agreement provided for real procity with regard to Soviet Clergymen in the United States , the United States Government perceived no objection to the extension of reciprocity. Consequently, the Embassy advised the Ministry on June 27, 1955 and has subsequently reiterated that the United States Government is prepared to grant a Soviet clergyman the same porno bilities of tending to the religious needs of Soviet nationals in the United States as those accorded to American clergymen to tend tut 37. the religious needs of American nationals in the Soviet Union. De spite the absence of a positive Soviet response to this voluntary ofa of reciprocity, it remains in effect. Wе. at cell by mis & COD 1 27-32. 2 1 Department of State Bulletin, Jan. 2, 1956, pp. 19–20. 2 Ibid., pp. 20-22. 3 Foreign Relations of the United States: The Soviet Union, 1933–1939, PP. 2, . 3 5 Supra, doc. 34. & Department of State Bulletin, July 18, 1955, pp. 103–104. Con ica: THE SOVIET UNION 2005 et 70 37. ADDRESS BY THE PRESIDENT ON THE EVE OF HIS DEPARTURE FOR THE CONFERENCE, JULY 15, 1955 the United States on a trip that in some respects is unprecedented for Good evening, friends. Within a matter of minutes I shall leave | & President of the United States. Other Presidents have left the continental limits of our country for the purpose of discharging their 1 See statement of Nov. 15, 1955, by the Department of State; supra. ? Delivered over radio and television networks from Washington; The Geneva lication 6046; 1955), pp. 13-16. Conference of Heads of Government, July 18–29, 1955 (Department of State pub- he Order has been advised orally by the Soviet Embassy in Washington to that Father Dion should not attempt to utilize his Soviet visa until st ) such time as the question of the entry of Archbishop Boris into the United States is resolved. The United States Government requests that this counsel be revoked and that no further obstacles be placed in the way of Father Dion's early departure for the Soviet Union. The Soviet Government's action in linking the entry of Archbishop Boris with that of Father Dion has tended to confuse the issues in- volved and to complicate a clear understanding of the United States Government's position with regard to the entry of Archbishop Boris. Divorced from the irrelevant and extraneous considerations intro- duced by the Soviet Government in dealing with these two distinctly E's different problems simultaneously, this position may be summarized 's as follows: The United States Government has not objected to temporary visits to the United States by Soviet ecclesiastics for the purpose of conducting legitimate church'affairs. Archbishop Boris and his pred- esessor, Archbishop Germogen, were admitted temporarily for this of purpose , and in both cases their visas were extended subsequently to permit a longer stay in the United States than that for which they were originally admitted. However, the Department continues to feel that it is neither appropriate nor desirable for Archbishop Boris, & Soviet national who is a high-ranking official of the Orthodox Church in the Soviet Union, to reside indefinitely in the United States as head of one of the Russian Orthodox Church groups in the United States. The Embassy's request of November 12, 1955 1 that the passports of Archbishop Boris and his secretary be made available for the can- cellation of their visas is reaffirmed. This cancellation can be effected by United States consular officials at any United States diplomatic mission or consular office abroad. L. DISCUSSION OF SOVIET-AMERICAN RELATIONS AT THE GENEVA CONFERENCE OF HEADS OF GOVERNMENT, JULY 18–23, 1955 bo IC 1. he he t. I 18 D. 13 enes ll 2 2006 1950-1955 AMERICAN FOREIGN POLICY, ex we duties as Commander-in-Chief in time of war or to participate in conferences at the end of the war, and to provide for the measures of that would bring about a peace. But now, for the first time, a President goes to engage in a con- by ference with heads of other governments in order to prevent war; pm in order to see whether in this time of stress and strain, we cannot WE devise measures that will keep from us this terrible scourge that that off afflicts mankind. Now, manifestly, there are many difficulties in the way of a Presi- ' bo dent going abroad for a period, particularly while Congress is in th session. He has many constitutional duties. He must be here to perform them. I am able to go on this trip only because of the generous cooperation of the political leaders in Congress of both to parties who have arranged their work so that my absence for a period will not interfere with the business of the Government. W On my part I have promised them that by a week from Sunday , on July twenty-fourth, I shall be back here ready to carry on my De accustomed duties. Now, it is manifest that in a period such as this, the time I am able fro to spend abroad, we cannot settle the details of the many problems sta that afflict the world. But, of course, I go for a very serious purpose, This purpose is to attempt, with my colleagues , to change the spirit that has characterized the intergovernmental relationships of the ste world during the past ten years. ho: Now, let us think for a moment about this purpose. Let us just enumerate a few of the problems that plague the world, the problem of armaments and the burdens that people are forced to carry of the necessity for these armaments. The problem of the captive :states, once proud people, that are not allowed their own form of wa TI government freely chosen by themselves and under individuals freely elected by themselves. QUE The problem of divided countries, people who are related to each other by blood kinship and divided by force of arms into two camps that are indeed expected to be hostile to each other. Then we have the problem of international interference in the internal affairs of free governments, bringing about a situation that leads to subversion , Pro difficulties and recriminations within a country, sometimes even revolution. These problems are made all the more serious by complications th between governments. These problems of which I speak have often th arisen as the aftermath of wars and conflicts. But governments are divided also by differing ambitions, by differing ideologies, but it mutual distrust and the alarms that these create, and because of the be alarms, they build up armaments and place their trust for peace protection in those armaments, and these armaments create greater alarm, and so we have a spiral of growing uneasiness, suspicion and distrust. That is the kind of thing that the world faces today. Now for these things there is no easy settlement. time that this conference can exist, it is impossible to pursue all of the because per net & lin an em and pr W In the briel THE SOVIET UNION 2007 New York Times, July 16, 1955, p. 3. ) ) Premier Bulganin in Moscow ? 1 line that I am now speaking. He talked of conciliation and tolerance and understanding. I say to you—I say to all the world—if the words and minds of all the people in Russia, as in the hearts and minds between the Russian delegation and our own at this coming conference. Now I want to mention another item that is important in this We are not held together by force, but we are held together by this great factor, and it is this: The free world believes, under one religion long and tedious negotiations that must take place before the details s of these problems can be settled. Our many post-war conferences have been characterized too much by attention to details; by an effort apparently to work on specific problems rather than to establish the spirit, and the attitude in which we shall approach them. Success, therefore, has been meager. Too often indeed these conferences have been mere opportunities for exploitation of nationalistic ambitions, or indeed only for sounding boards for the propaganda that the participants want to spread to the world. If we look at this record we would say, "Why another conference ? What hope is there for success? Well now the first question I ask you , “Do we want to do nothing? Do we want to sit and drift along to the inevitable end in such a contest of war or increased tensions ?" We want peace. We cannot look at this whole situation without realizing first that pessimism never won any battle, whether it was in peace or it was in war. Next we will understand that one ingredient has been missing from all these conferences. An honest intent to conciliate, to under- stand , to be tolerant, to try to see the other fellow's viewpoint as well as we see our own. I say to you if we can change the spirit in which these conferences are conducted we will have taken the greatest step toward peace, toward future prosperity and tranquillity that has ever been taken in all the history of mankind. I want to give you a few reasons for hope in this project. First, the people of all the world desire peace. This is peace for people everywhere. I distinguish between people and governments here for the moment when we know that the great hordes of men and women who make up the world do not want to go to the battlefield. They want to live in peace. Not a peace that is a mere stilling of the guns but a peace in which they can live happily, tranquilly, and in confidence that they can raise their children in a world of which they will be proud. That common desire for peace is something that is a terrific force in this world and to which I believe all political leaders in the world are beginning to respond. They must recognize it. Another item; did you note this morning the speech made by Every word he said was along the the men in the Kremlin as we are sure they are reflective of the hearts 9. iron curtain. The free world has one great factor in common. 2008 AMERICAN FOREIGN POLICY, 1950-1955 for for BU STE ter net au TH an go qu ME an eli POE sib COI of or another, in a divine power. It believes in a Supreme Being. Now this, my friends, is a very great factor for conciliation and peace at this time because each of those religions, each one of them, has as one of its basic commandments the words, terminology that is similar to our Golden Rule. "Do unto others as you would have them do unto you.” This means that the thinking of those people is based upon ideas of right and justice and mutual self-respect, consideration for the other man. And this means peace, because only in peace can such conceptions as these prevail. This means that the free people of the world hate war, and they want peace and are fully dedicated to it. Now this country, as other free countries, maintains arms. We maintain formations of war and all the modern weapons. Why? Because we must. As long as this spirit that has prevailed up to now is going to prevail in the world we cannot expose our rights, our privileges, our homes, our wives, our children, to the risk that would come to an unarmed country. But we want to make it perfectly clear these armaments do not reflect the way we want to live; they merely reflect the way under present conditions we have to live. Now it is natural for a people, steeped in a religious civilization , when they come to moments of great importance, maybe even crisis, such as now we face, to turn to the Divine Power that each has in his own heart, believes in his own heart, for guidance, for wisdom, for some help in doing the thing that is' honorable and is right . I have no doubt that tonight, throughout this country, and indeed, throughout the free world, such prayers are ascending. This is a mighty force. And this brings to me the thought that through prayer we could also achieve a very definite and practical result at this very moment. Suppose, on the next Sabbath Day observed by each our religions, America, 165 million people of us, went to our accus- tomed places of worship and, crowding those places, asked for help , and by so doing demonstrated to all the world the sincerity and depth of our aspirations for peace. This would be a mighty force. None could then say that we preserve armaments because we want to—we preserve them because we must. My friend, Secretary Dulles, and I go to this conference in the earnest hope that we may accurately represent your convictions, pour beliefs, your aspirations. We shall be conciliatory because our country seeks no conquest, no property of others. We shall be tolerant, because this nation does not seek to impose our way of life upon others. We shall be firm in the consciousness of your spiritual and material strength and your defense of the right But we shall extend the hand of friendship to all who will grasp it honestly and concede to us the same rights, the same understanding , the same freedom, that we accord to them. Wethe Secretary and I shall do our best with others there to start the world on the beginning of a new road, a road that may long and difficult, but which, if faithfully followed, will lead us into a better and fuller life. Thank you. Good night. er WE Che COL CAI ot WH sa Sam wo foi SYE foi It V th die GI al] of THE SOVIET UNION 2009 found merely by talking in terms of abstractions and generalities. It is necessary that we talk frankly about the concrete problems which create tension between us and about the way to begin in solving As a preface, may I indicate some of the issues I think we should First is the problem of unifying Germany and forming an all- German Government based on free elections. Ten years have passed of State publication 6046; 1955), pp. 18-22. The Geneva Conference of Heads of Government, July 18-23, 1955 (Department ? New York Times, July 16, 1955, p. 3. 38. STATEMENT BY THE PRESIDENT, JULY 18, 1955 1 We meet here for a simple purpose. We have come to find a basis for accommodation which will make life safer and happier not only for the nations we represent but for people elsewhere. We are here in response to a universal urge, recognized by Premier Bulganin in his speech of July 15,2 that the political leaders of our great countries find a path to peace. We cannot expect here, in the few hours of a few days, to solve all the problems of all the world that need to be solved. Indeed, the four of us meeting here have no authority from others that could justify us even in attempting that. The roots of many of these problems are buried deep in war, conflicts and history. They are made even more difficult by the differences in governmental ideologies and ambitions. Manifestly it is out of the question in the short time available to the Heads of Government meeting here to trace out the causes and origins of these problems and to devise agreements that could with complete fairness to all eliminate them. Nevertheless, we can, perhaps, create a new spirit that will make possible future solutions of problems which are within our respon- sibilities. And, equally important, we can try to take here and now at Geneva the first steps on a new road to a just and durable peace. The problems that concern us are not inherently insoluble. Of course , they are difficult; but their solution is not beyond the wisdom of man. They seem insoluble under conditions of fear, distrust, and even hostility, where every move is weighed in terms of whether it wil help or weaken a potential enemy. If those conditions can be changed, then much can be done. Under such circumstances I am confident that at a later stage our Foreign Ministers will be able to carry on from where we leave off to find, either by themselves or with others , solutions to our problems. No doubt there are among our nations philosophical convictions which are in many respects irreconcilable! Nothing that we can say or do here will change that fact. However, it is not always neces- sary that people should think alike and believe alike before they can work together. The essential thing is that none should attempt by force or trickery to make his beliefs prevail and thus to impose his The new approach e of this conference should seek cannot be system on the unwilling them. discuss. 2010 AMERICAN FOREIGN POLICY, 1950-1955 CODS 1 Agreements of Oct. 23, 1954; for the texts of the agreements regarding Germany, see supra, pp. 483-612. The North Atlantic Treaty protocol of this The agreements relating to Western Euro since the German armistice and Germany is still divided. That F division does a grievous wrong to a people which is entitled, like any once other, to pursue together a common destiny. While that division to & continues, it creates a basic source of instability in Europe. Our talk dive of peace has little meaning if at the same time we perpetuate condi- Te tions endangering the peace. Towards Germany, the four of us bear beca special responsibilities. While any conclusions we reach would be $ invalid unless supported by majority opinion in Germany this prob- whic lem should be a topic for our meeting here. Must we not considershor ways to solve it promptly and justly? În the interest of enduring peace, our solution should take account best of the legitimate security interests of all concerned. That is why sup we insist a united Germany is entitled at its choice, to exercise its of inherent right of collective self-defense. By the same token, we are of ready to take account of legitimate security interests of the Soviet that Union. The Paris agreements contain many provisions which serveure this purpose. But we are quite ready to consider further reciprocal dia safeguards which are reasonable and practical and compatible with A the security of all concerned. that On a broader plane, there is the problem of respecting the right of peo peoples to choose the form of government under which they will live ; und and of restoring sovereign rights and self-government to those who The have been deprived of them. The American people feel strongly that pati certain peoples of Eastern Europe, many with a long and proud the record of national existence , have not yet been given the benefit of Non this pledge of our United Nations wartime declaration, reinforced by relea other wartime agreements. thaf There is the problem of communication and human contacts as de among our peoples. We frankly fear the consequences of a situation uve where whole peoples are isolated from the outside world. The Ameri-sz of ti can people want to be friends with the Soviet peoples. There are no I natural differences between our peoples or our nations. There are no territorial conflicts or commercial rivalries. Historically, our two countries have always been at peace. But friendly understanding 18 between peoples does not readily develop when there are artificia barriers such as now interfere with communication. It is time that all curtains whether of guns or laws or regulations should begin to do come down. But this can only be done in an atmosphere of mutual respect and confidence. There is the problem of international communism. For 38 years now, its activities have disturbed relations between other nations and bric the Soviet Union. Its activities are not confined to efforts to per- suade. It seeks throughout the world to subvert lawful governments and to subject nations to an alien domination. We cannot ignore the distrust created by the support of such activities. In my nation and elsewhere it adds to distrust and therefore to international tension. date is printed supra, pp. 871-873. pean Union are printed supra, pp. 972–989. » Declaration of Jan. 1, 1942; A Decade of American Foreign Policy, p. 2. ene Al ing CON the In THE SOVIET UNION 2011 destruction. We still believe that if the Soviet Union would accord- | briefly that all of us will have suggestions as to how we might promote the search for the solution of these problems. Perhaps it would be well if each of us would in turn give a similar indication of his country's views. Then we can quickly see the scope See the President's address of Dec. 8 1953; infra, pp. 2798-2805. Finally, there is the overriding problem of armament. This is at once a result and a cause of existing tension and distrust. Contrary to a basic purpose of the United Nations Charter, armaments now divert much of men's effort from creative to non-productive uses. We would all like to end that. But apparently none dares to do so because of fear of attack. Surprise attack has a capacity for destruction far beyond anything which man has yet known. So each of us deems it vital that there should be means to deter such attack. Perhaps, therefore, we should consider whether the problem of limitation of armament may not best be approached by seeking--as a first step-dependable ways to supervise and inspect military establishments, so that there can be no frightful surprises, whether by sudden attack or by secret violation of agreed restrictions. In this field nothing is more important than that we explore together the challenging and central problem of effec- live mutual inspection. Such a system is the foundation for real disarmament. As we think of this problem of armament, we need to remember that the present burden of costly armaments not only deprives our own people of higher living standards, but it also denies the peoples of mderdeveloped areas of resources which would improve their lot. These areas contain much of the world's population and many nations now emerging for the first time into political independence. They are grappling with the urgent problem of economic growth. Normally they would receive assistance particularly for capital de- relopment from the more developed nations of the world. However, that normal process is gravely retarded by the fact that the more developed industrial countries are dedicating so much of their produc- live effort to armament. Armament reduction would and should in- sure that part of the savings would flow into the less developed areas of the world to assist their economic development. In addition, we must press forward in developing the use of atomic energy for constructive purposes. We regret that the Soviet Union has never accepted our proposal of December 1953 1 that nations pos- sessing stockpiles of fissionable material should join to contribute to "World bank” so as, in steadily increasing measure, to substitute coperation in human welfare for competition in means of human ng to its ability contribute to this great project, that act would im- people of the United States and where solution is largely within the As our work here progresses I hope prove the international climate. competence of the four of us. 2012 AMERICAN FOREIGN POLICY, 1950-1955 .. D SH LE od 911 n0 OU PC CO (2) To lower the barriers which now impede the opportunities of all our citizens and elsewhere in the world. By helping eliminate poverty and ignorance, we can take another step in progress toward In America, the fervent belief in freedom od 801 thought, of expression, and of movement is a vital part of our heritage Yet during these past ten years even we have felt compelled, in two i The Geneva Conference of Heads of Government, July 18-23, 1955 (Department of the matters which it might be useful to discuss here and arrange our time accordingly. Let me repeat, I trust that we are not here merely to catalogue or differences. We are not here to repeat the same dreary exercises that fi have characterized most of our negotiations of the past ten years. We are here in response to the peaceful aspirations of mankind to start the kind of discussions which will inject a new spirit into our diph macy; and to launch fresh negotiations under conditions of good augury. In that way, and perhaps only in that way, can our meeting, neces sarily brief, serve to generate and put in motion the new forces needed bi to set us truly on the path to peace. For this I am sure all humanity will devoutly pray. 8 39. STATEMENT BY THE PRESIDENT, JULY 22, 1955 According to the adopted agenda, today we meet to discuss method of normalizing and increasing the contacts between our nations in ST many fields. I am heartened by the deep interest in this question, which interest implies a common purpose to understand each other better. Unfortunately there exist unnecessary restrictions on the flow between us of ideas, of things and of people. Like other questions we have considered during the past four days de this one cannot be considered independently or in isolation. All ar tu related by their direct importance to the general objective of lessening world fears and tensions. To help achieve the goal of peace based on justice and right and et mutual understanding, there are certain concrete steps that could be taken: (1) To lower the barriers which now impede the interchange of ir be formation and ideas between our peoples. do people to travel anywhere in the world for peaceful, friendly purposes so that all will have a chance to know each other face-to-face. (3) To create conditions which will encourage nations to incres the exchange of peaceful goods throughout the world. An Success in these endeavors should improve the conditions of life in peace. Restrictions on communications of all kinds, including radio an travel, existing in extreme form in some places, have operated as cauri CEC ea m eni ind tre See trg an 1 of State publication 6046; 1955), pp. 63-64. THE SOVIET UNION 2013 CES ded 100, America devoutly desires-as I know all of us do. 101 good intent that have characterized the statements of the two prem Rogeceding speakers.? But I do hope that my silence respecting certain of the statements made by the immediately preceding speaker will The Geneva Conference of Heads of Government, July 18-23, 1955 (Department of State publication 6046; 1955), pp. 80–81. ? Prime Minister Eden and Premier Bulganin; see ibid., pp. 76-80. protection of our own interests, to place some restrictions upon the movement of persons and communications across our national OW frontiers. chat This conference has the opportunity, I believe, to initiate concrete 114 steps to permit the breaking down of both mild and severe barriers tart to mutual understanding and trust. plo- ood Now I should like to turn to the question of trade. I assume that each of us here is dedicated to the improvement of the conditions of life of our own citizens. Trade in peaceful goods is an important factor in achieving this goal. If trade is to reach its maximum capa- bility in this regard, it must be both voluminous and world-wide. The United Nations has properly been concerned in making avail- able to the people of the under-developed areas modern technology and managerial abilities, as well as capital and credit. My country not only supports these efforts, but has undertaken parallel projects outside the United Nations. od In this connection the new atomic science possesses a tremendous potential for helping raise the standards of living and providing 310 greater opportunity for all the world. World-wide interest in over- ther coming poverty and ignorance is growing by leaps and bounds, and How each of the great nations should do its utmost to assist in this develop- ment. As a result new desires, new requirements, new aspirations are emerging almost everywhere as man climbs the upward path of his destiny. Most encouraging of all is the evidence that after cen- au turiès of fatalism and resignation, the hopeless of the world are But regardless of the results achieved through the United Nations 1. elfort or the individual efforts of helpful nations, trade remains the *) indispensable arterial system of a flourishing world prosperity we could create conditions in which unnecessary restrictions on trade would be progressively eliminated and under which there would be free and friendly exchange of ideas and of people, we should have done much to chart the paths toward the objectives we commonly By working together toward all these goals, we can do much to transform this century of recurring conflict into a century of enduring and invigorating peace. This, I assure you, the United States of for 40. STATEMENT BY THE PRESIDENT, JULY 23, 1955 1 I welcome and warmly reciprocate the spirit of friendliness and nie beginning to hope. If S seek. SAC 85 tale Ard 1809 1 2014 AMERICAN FOREIGN POLICY, 1950-1955 1 have broadened our knowledge of each other, further agreement be- of justice. May it result in improved well-being, greater freedom. I came here because of my lasting faith in the decent instincts and good sense of the people who populate not by any means be interpreted as acquiescence on my part-Par from it. But it has seemed to me that in the closing minutes of this con- ference there is no necessity for me to announce to this conference and to the world the United States position on the important questious we have discussed. These I hope and believe have already been made clear. Therefore, it has not seemed particularly fitting once more to recite them in detail. Rather I content myself with some refler tions on our work of the past week and an expression of some hopes for the future, This has been an historic meeting. It has been on the whole : & good week. But only history will tell the true worth and real values of our session together. The follow-through from this beginning by our respective Governments will be decisive in the measure of this Conference. We have talked over plainly a number of the most difficult and perplexing questions affecting our several peoples and indeed the peoples of the entire world. We did not come bere to reach final solutions. We came to see if we might together find the path that would lead to solutions and would brighten the prospects of world peace. In this final hour of our assembly, it is my judgment that the pros- pects of a lasting peace with justice, well-being, and broader freedom , are brighter. The dangers of the overwhelming tragedy of modern war are less. The work of our Foreign Ministers as they strive to implement our directives will be of great importance, perhaps of even more than what we have done here. Theirs is the task, reflecting the substantive policies of their Governments, to reach agreement on courses of action which we here could discuss only in broad terms. I know we all wish them well. I trust we will all support the necessary adjustments which ther may find our Governments must make if we are to resolve our ferences in these matters. If our peoples, in the months and years ahead, broaden their know edge and their understanding of each other, as we, during this week . tween our Governments may be facilitated. May this occur in a marked by more of good will among men. deed be ever remembered. I came to Geneva because I believe mankind longs for freedom from war and rumors of war. unshaken, and with the prayer that the hope of mankind will one deſ be realized. dił . spirit These days will then in THE SOVIET UNION 2015 1955 1 1 terial resources to be devoted to the peaceful economic development of Recognizing that achievements in this field would release vast ma- ment of State publication 6046; 1955), pp. 67-68. For the texts of documents regarding discussion of these questions at the Geneva Conferences, see supra, pp. 1886-1896. * See infra, pp. 2841-2843. 41. DIRECTIVE OF THE HEADS OF GOVERNMENT OF THE FOUR POWERS TO THE FOREIGN MINISTERS, JULY 23, The Heads of Government of France, the United Kingdom, the U. S. S. R. and the U. S. A., guided by the desire to contribute to the relaxation of international tension and to the consolidation of confi- dence between states, instruct their Foreign Ministers to continue the consideration of the following questions with regard to which an exchange of views has taken place at the Geneva Conference, and to propose effective means for their solution, taking account of the close link between the reunification of Germany and the problems of Euro- pean security, and the fact that the successful settlement of each of these problems would serve the interests of consolidating peace. 1. European Security and Germany. For the purpose of establish- ing European security with due regard to the legitimate interests of all nations and their inherent right to individual and collective self- defence, the Ministers are instructed to consider various proposals to this end, including the following: A security pact for Europe or for a part of Europe, including provisions for the assumption by member nations of an obligation not to resort to force and to deny assistance to an aggressor; limitation, control, and inspection in regard to armed forces and armaments; establishment between East and West of a zone in which the disposition of armed forces will be subject to mutual agreement; and also to consider other possible pro- posals pertaining to the solution of this problem. The Heads of Government, recognizing their common responsi- bility for the settlement of the German question and the re-unification of Germany, have agreed that the settlement of the German question and the re-unification of Germany by means of free elections shall be carried out in conformity with the national interests of the German people and the interests of European security. The Foreign Min- isters will make whatever arrangements they may consider desirable for the participation of, or for consultation with other interested Desirous of removing the threat of war and lessening the burden Convinced of the necessity, for secure peace and for the welfare of mankind, of achieving a system for the control and reduction of all armaments and armed forces under effective safeguards, en The Geneva Conference of Heads of Government, July 18-23, 1955 (Depart- parties. 2. Disarmament 3 The Four Heads of Government, of armaments, 2016 AMERICAN FOREIGN POLICY, 1950-1955 S 1 I C 1 8 & th n CI to a 11 fulness and initiative of the Western Powers. That was particularly o 1 The Geneva Conference of Heads of Government, July 18-23, 1955 (Department nations, for raising their well-being, as well as for assistance to under- developed countries, Agree: (1) for these purposes to work together to develop an acceptable system for disarmament through the Sub-Committee of the United Nations Disarmament Commission; (2) to instruct their representatives in the Sub-Committee in the discharge of their mandate from the United Nations to take account in their work of the views and proposals advanced by the Heads of Government at this Conference; (3) to propose that the next meeting of the Sub-Committee be held on August 29, 1955, at New York; (4) to instruct the Foreign Ministers to take note of the proceedings in the Disarmament Commission, to take account of the views and proposals advanced by the Heads of Government at this Conference and to consider whether the four Governments can take any further useful initiative in the field of disarmament. 3. Development of Contacts between East and West The Foreign Ministers should by means of experts study measures, including those possible in organs and agencies of the United Nations , which could (a) bring about a progressive elimination of barriers which interfere with free communications and peaceful trade be- tween people and (b) bring about such freer contacts and exchanges as are to the mutual advantage of the countries and peoples concerned. 4. The Foreign Ministers of the Four Powers will meet at Geneva during October to initiate their consideration of these questions and to determine the organisation of their work. 42. STATEMENT BY THE SECRETARY OF STATE AT A NEWS CONFERENCE, JULY 26, 1955 The Geneva "Summit” Conference produced good results. First of all, I would put the fact that it registered a certain trans- formation in the relations between the Soviet Union and the Western Powers. They became less brittle. That should mean that , for the predictable future, we can subject our differences to the patient proc- esses of diplomacy with less fear that war will come out of them. That, of course, does not mean that early and easy solutions are in sight. It does mean that the war danger has further receded. Another development at the Geneva Conference was the resource- United States and the Soviet Union should agree that peaceful planes would fly over each other's territory to take photographs of State publication 6046; 1955), pp. 87-88. 11 SU D fi 1 th he th F SE 0 ti 0 8 so that each THE SOVIET UNION 2017 There are certainly opportunities for the free world in the present * Proposal of July 21, 1955; infra, pp. 2841–2843. attack. United States can themselves take pride in the contribution of each our determination to make peace both just and durable. In looking to the future we must not forget the sequence of events and unified. It must remain so for the long arduous months ahead could be sure that the other was not planning a massive surprise This is the most dramatic, and at the same time most serious and sober, peace proposal that history records. The Soviets made no im- mediate reply, but that is not surprising for the proposal is one which no doubt they wish to take time to study. If, however, they have the genuine desire of peace which they indicated at Geneva, then I feel confident that positive results will come from President Eisenhower's proposal. The Western powers also brought to the fore the problem of German reunification. This now is very much a matter of practical inter- national statesmanship. German reunification is in the air and I am convinced that it will come about, not immediately, but surely. Of course, we recognized that it will come about more easily within a framework of European security. So the Western powers accepted the Soviet request that European security be studied. In that con- nection we put forward a series of practical suggestions which will come before the October Foreign Ministers Conference. These can give the Soviet Union assurance that German reunification, far from endangering the Soviet Union, can take place under conditions which will provide safety to all. We had occasion to bring home to the Soviet rulers the importance which the United States Government and people attach to the right of the satellite nations to have governments of their own choosing. Also we made clear our grave objection to the revolutionary and sub- Fersive activities of international Communism. We obtained no as- surance , but we hope that developments will in fact tend to eliminate these causes of tension. The Conference in no way weakened the close ties and unity of pur- pose which exist between the three Western powers which were present at Geneva. On the contrary, their unity emerges stronger than ever from this new testing to which it was subjected. The Conference did not press national viewpoints to a point where there would have been a breakdown, which would have dimmed the hopes of future peace. On the other hand, the Conference avoided the equal danger of creating an illusion that all was now so well that We could safely relax our efforts to build individual and collective President Eisenhower played a great role at this Conference, one of which our nation can always be proud. Also the people of the to an unprecedented peacetime demonstration of spiritual unity behind self-defense. 415900_-57----Vol. 2-24 2018 AMERICAN FOREIGN POLICY, 1950–1955 For their own part the three (Department of State publication 6156; 1955), pp. 245-248. The proposal was situation, but there are also possible hazards. The task of statesman- like diplomacy is to realize to the full the opportunities while avoiding the hazards. F. DISCUSSION OF SOVIET-AMERICAN RELATIONS AT THE GENEVA MEETING OF FOREIGN MIN. ISTERS, OCTOBER 27-NOVEMBER 16, 1955 43. PROPOSAL SUBMITTED BY THE FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE, OCTOBER 31, 1955 1 Development of East-West Contacts The Foreign Ministers of Great Britain, France, and the United States, mindful of the Directive issued at Geneva by the Heads of Government, express their desire to explore, together with the Foreign Minister of the Soviet Union, measures designed to bring about a progressive elimination of barriers which interfere with free communications and with peaceful trade between peoples and to bring about such freer contacts and exchanges as are to the mutual ad- vantage of the countries and peoples concerned. The three Ministers wish to point out that their Governments have consistently favored free communication of information and ideas , free exchange of persons, and the development of peaceful trade, as constructive means of promoting an atmosphere of confidence among states and a better understanding among peoples. Their Govern- ments have always sought to foster free expression of thought , to promote the free development of individual conscience, and to en: courage, through a free competition of ideas, the development of objective opinion. The three Western Governments are confident that a constructive development of contacts with the Soviet Union together with the progressive resolution of those substantive issues which constitute the true causes of international tension, can como tribute to the establishment of the durable peace desired by all mankind. It is the view of the Western Powers that the four Governments must contribute actively to the establishment of a better understand- ing between the peoples of the West and the peoples of Eastern Europe . It is hoped that future contacts will expand in such a way as to comme spond to the natural desire of men to understand each other and to 1 The Geneva Meeting of Foreign Ministers, October 27-November 16, 1966 the French 2 Directive of July 23, 1955; supra, doc. 41. THE SOVIET UNION 2019 Union and the three Western countries. is a practice to be deplored. It is incompatible with the Directive from the Four Heads of Government and should be discontinued. Foreign Ministers are convinced that this work of mutual under- standing, which must eventually lead to peaceful changes enlarging the area of those freedoms which mankind holds dear, will receive the moral approbation of the peoples of Eastern Europe as well as the peoples of the West. Accordingly the Western Powers consider that it is essential, in agreement with the Soviet Union, to determine torthwith the areas in which it appears most appropriate to proceed with exchanges that are to the mutual advantage of the peoples of Eastern Europe and the West. It is with this intention that the three Western Governments sub- mit a program of action. Cognizant of the fact that the evolution of free societies has produced individual traditions and processes, it is understood that arrangements made by the Three Western countries aimed at the implementation of this program would be in accord with their national traditions and procedures. The program of the Western Governments comprehends the following concrete propositions. 1. Freer exchange of information and ideas should be facilitated. All censorship should be progressively eliminated. The obstacles which hamper the flow of full factual information and varied comment between the peoples of the West and those of the Soviet Union, should be removed. 2. Arrangements should be made for the four Powers to open in- formation centers, on a basis of reciprocity, in each other's capitals where these do not already exist. Everyone should be allowed full use of these centers without hindrance or discouragement from their own government. 3. The four Powers, where they do not already do so should permit the publication and facilitate the distribution to public institutions and private individuals in each other's countries of official periodicals printed in English, French or Russian. 4. Exchanges of books, periodicals and newspapers between the principal libraries, universities and professional and scientific bodies in the Soviet Union and the three Western countries should be en- couraged. Such books, periodicals and newspapers should also be available for general and unimpeded public sale in the Soviet Union on the one hand and the three Western countries on the other. 5. There should be a substantial increase in the exchange of govern- ment publications and full lists, catalogs and indexes of such publica- tions should be made available by Governments where they do not 6. The film producers of the three Western countries are ready to make films available to the Soviet Union at normal commercial prices and on normal commercial terms. Soviet films are already accepted 7. There should be exchanges of exhibitions between the Soviet already do so. in the West on these terms. 2020 AMERICAN FOREIGN POLICY, 1950–1955 9. The Soviet Union and the Western Powers should consider the desirability of exchanging monthly uncensored broadcasts on world developments. This could take the form of half hours for the Soviet Union on the Western broadcasting systems with reciprocal arrange- ments for the Western Powers on the Soviet system. 10. The censorship of outgoing press despatches and the denial to journalists of access to normal sources of information are serious barriers to the free circulation of ideas. The four Governments, where appropriate should take immediate steps to remove such barriers . 11. Private tourism should be increased. This will require more liberal procedures as regards travel restrictions and other administra- tive practices. Above all it will require reasonable rates of currency exchange. 12. There should be further exchanges of persons in the profes- sional, cultural, scientific and technical fields. Exchanges should be arranged on the basis of principles approved by the governments concerned. 13. Meetings of outstanding scientists and scholars of the four countries at reputable international congresses should be facilitated. 14. There should be cultural and sporting exchanges on a reciprocal basis, drawing on the best each has to offer under the auspices of the principal cultural institutions and sporting organizations on both sides. 15. A beginning should be made with exchanges of students[, particularly those engaged in language and other area studies. It should be possible for the students to share fully and freely the student life of the country they visit. 16. Restrictions on the ability of the members of the diplomatic missions of the four governments to travel in each other's countries should be removed on a basis of reciprocity. 17. Agreement should be reached in principle for reciprocal ex- changes of direct air transport services between cities of the Soviet Union and cities of the three Western countries. So far as trade is concerned, the Western Powers sincerely desire to see an improvement in commercial relations between the countries of Eastern Europe and themselves, leading to an increase in mutual trade in peaceful goods. To this end they have made freely available to the countries of Eastern Europe a wide area of trade with respect both to exports and imports. That only small advantage has so far been taken of these opportunities is, in their view, basically a reflection of policies and conditions within the countries of Eastern Europe. While they feel, therefore, that the major initiative in securing an increase in East-West trade must be taken by the countries of Eastern Europe, they are, for their part, prepared to consider sympathetically any proposals which seem likely to lend [lead?) to a mutually bene- ficial development of peaceful trade. In particular the Western Powers would urge the Soviet Govern- ment to make it less difficult for Western private traders to engage in and to develop opportunities for East-West trade to the advantage of both sides. THE SOVIET UNION 2021 were brought here last July by the President of the United States. (Department of State publication 6156; 1955), pp. 240-245. 2 See tripartite communiqué of Sept. 28, 1955; Department of State Bulletin, Oct. 10, 1955, p. 559. 3 The Committee of Experts subsequently held 18 meetings from Nov. 2 to If the Four Powers can agree on the above propositions & great step forward will have been made towards better understanding between nations. This might in due course serve as the foundation for a further expansion of contacts on a broader international basis. 44. STATEMENT BY THE SECRETARY OF STATE, OCTOBER 31, 1955 1 The Heads of Government meeting here last July directed us to study measures, including those possible in the United Nations, for the progressive elimination of barriers interfering with free com- munication and peaceful trade and for the establishment of freer con- tacts and exchanges which are of advantage to both East and West. The reductions of barriers and greater human contacts that we seek are not merely ends in themselves. They are designed to help to assure that the peace we seek is not passive, but a curative and creative force which enables men and nations better to realize those individual and national aspirations which conform to moral law. The United States approaches hopefully, even though guardedly, å study of measures to eliminate barriers to free communications and peaceful trade. We know that, in an atmosphere of tension, commu- nications are not readily made free, nor trade made normal. But we must break at some point a vicious circle in which lack of freedom in communications and the absence of normal trade relations and per- sonal contacts lead to further misunderstanding between peoples and We have already begun discussion of one of the fundamental causes of international tension, the division of Germany, and we shall go on to discuss the world's vast armaments. However, as agreed between the Four Ministers at New York, we are willing, simultaneously with our own consideration of European Security and Germany, and Dis- armament, to proceed through a committee of experts with a study of the elimination of barriers to free communications and trade and the establishment of freer contacts. Upon conclusion of their study, these experts should, I assume, report back to the Four Ministers, so that we may consider the results of their study, both upon individual topics and in the aggregate, and so that we may be in a position likewise to coordinate our observations, proposals and conclusions under item III of our agenda with the re- sults of our work on the other items. In this matter of contacts” the United States Delegation will ask that specific measures be considered with the faith and optimism that increased tension. Dephe Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 Nov. 10, 1955. 2022 AMERICAN FOREIGN POLICY, 1950-1955 When I saw President Eisenhower in Denver, just before leaving for Geneva, he re-affirmed his high hopes for progress at this conference, not only with respect to the reunification of Germany within the frame- work of European security and disarmament, but also in the develop- ment of contacts between our peoples. Contacts between peoples is not a new thing for the United States. It is part of our heritage. Our nation itself is composed of people from every land who have brought with them new ideas and have made valuable contributions enriching our society. We are naturally a friendly people who like to know and be known. We have long wanted to learn more about the Soviet Union and its peoples and we have hoped that they would come to know us, and what we say and think and do. There is a solid basis for good will between It is a fact of history which should be remembered now that our peoples have never fought each other. So we did not understand it when the rulers of the Soviet Union sought to seal off their people from outside contacts. But when this happened and strains developed, the United States, in its turn, placed restrictions on exchanges with the USSR. But these restrictions were solely in response to the actions initiated by the Soviet Government in this period. Recently, we have noted that the attitude of the Soviet Government may be changing. We welcome this development. It provides a basis of hope for accomplishment in this item of our agenda. us. fo as It ica II OX 8. z DE be 21 th te an an The subject of contacts can be divided into three parts: (1) freedom for exchanges of information and ideas; (2) freedom for exchanges of persons and travel; (3) development of trade between East and West. Information In the field of exchanges of information, we immediately encounter basic obstacles. There is an all-embracing Soviet censorship of press and radio . There is systematic jamming of radio broadcasts from other coun- tries. We hope that steps will be initiated at this conference looking to the removal of these obstacles. In addition to the removal of obstacles, the United States will encourage specific projects in this field, such as an exchange of radio broadcasts between the United States and the Soviet Union. For example, there might, as a beginning, be a monthly exchange of com- mentaries on world developments as seen from Soviet and Western points of view. In the United States, radio broadcasting is not con- trolled by the government and our government cannot bind American broadcasting companies to any particular course of action. However , our major radio companies tell us that they are prepared to provide regular radio time in the United States for Soviet broadcasts if this is compatible with our national policy. The United States Govern- ment would welcome this, provided that reciprocal privileges are IC tr SE sad th THE SOVIET UNION 2023 * See supra, docs, 29 and 30. and contribute to and reflect a spirit of real cooperation. in the future. Americans are fond of travel and many people from other countries visit us each year. In 1954 almost one million Amer- icans went abroad. Four hundred and fifty thousand foreign posals to advance. Among them is a proposal for an agreement in principle on reciprocal civil aviation rights, which Great Britain and France as well as the United States desire to support. If accepted, this would mean insofar as the United States is concerned that Soviet. national airport near New York, and United States airplanes might commercial airplanes, for example, might land at Idlewild, the inter- similarly land at the airport serving Moscow. We also hope that the 1 See supra, doc. 31. granted to the United States on the Soviet radio. Through such an exchange, the peoples of both our countries would have the benefit of free discussion, criticism and debate on outstanding issues of the day. A concrete step promoting a mutually useful exchange of informa- tion and ideas was taken by the United States on September 9th of this year. The United States proposed to the Soviet Government that it permit the renewed circulation in the Soviet Union of an oficial Russian-language magazine entitled Amerika. We are pre- pared to permit the comparable circulation of an official Soviet maga- zine in the United States. We wish also to advance proposals for the distribution of American films in the Soviet Union and for the establishment, on a reciprocal basis , of information centers in the respective capitals. Travel In the field of exchanges of persons and travel, another basic ob- stacle is immediately encountered. The arbitrary rate of exchange of the ruble makes all travel in the Soviet Union excessively expensive for foreigners. The ruble rate also has an adverse effect on many aspects of the exchange of information and the development of trade. It is important that steps should be taken to eliminate this obstacle. The United States has played an active role in recent months in eflecting exchanges of persons with the Soviet Union. A group of Soviet agriculturalists toured the United States and a group of Amer- ean farmers visited the Soviet Union. Groups of Soviet construction experts and newspapermen are now travelling widely throughout our country. Two outstanding Soviet musical artists have been invited to make concert tours in the United States, one of which has already begun . These visitors will bear witness to the wide range of facilities and opportunities which they enjoy in the United States in line with the purposes of their visits. We shall continue to consider such proposals favorably to the ex- tent to which they accrue to the mutual advantage of both countries. and the Soviet Union will gradually become more normal occurrences travelers entered the United States. In the general area of travel, the United States has specific pro- $ 2024 AMERICAN FOREIGN POLICY, 1950-1955 1 multilateral base of their trade and to increase the extent to which each of them shares in the international division of labor. Trade in 2 See statement of Oct. 31, 1955, by the Department of State; infra, p. 2085. 1 See statement of May 1, 1952, by the Department of State; infra, p. 2084. controls which now are imposed on the movements of foreigners in the Soviet Union will be reduced. The United States is prepared to reduce, on a basis of reciprocity, the controls which we imposed on Soviet citizens as a result of the restrictions in the USSR. Due to the lack of adequate protection afforded to American citizens in the Soviet bloc countries, the United States Government imposed passport restrictions in 1952 on the travel of Americans to the coue- tries of Eastern Europe. These are being removed today. Here- after, American passports will be valid for the Soviet Union and all the countries of Eastern Europe with which the United States main- tains relations. Trade The third aspect of contacts relates to peaceful trade. So far as strategic trade is concerned, I support fully the observations which Mr. Macmillan and M. Pinay have already made. Strategic trade is a matter of security concern and is clearly outside the purview of Item III of the Directive, which speaks of "peaceful trade". The restrie- tions which govern strategic trade are a consequence, not a cause, of tensions, and involve only a very narrow portion of the wide area of potential trade. To a trading nation such as the United States, peaceful foreign trade is most important. However, it is conducted by the United States primarily as a matter of individual enterprise in response to commercial motivation, United States exporters and importers buy and sell a tremendous range of diverse things. Judging from our limited knowledge of the present conditions of life within the Soviet bloc, there would seem to be a great number of United States materials and products, as well as those of other Western countries, which could fill immediate needs The state of trade, however, stands in marked contrast to this ap- praisal. Although the Western countries continue to offer Eastern Europe ready access to an enormous area of potential trade, the level of trade between them is still low as compared with pre-war years and is only a very small proportion of total world trade and of the trade of most Western countries. Plainly the reason for the continued low level of East-West trade has been an unwillingness or lack of interest on the part of the Soviet Union. While talking generalities about trade, the Soviet Govern ment has continued to confine its international trade even in the case of peaceful goods, within strict controls and the rigidities of bilater barter trade arrangements. It has pursued a policy of economie nationalism and regionalism which ignores the benefits of free el changes. In contrast, the Western nations have sought to widen the risen to an unprecedented level. The same opportunities have been 3 The Geneva Meeting of Foreign Ministers, pp. 228-233. THE SOVIET UNION 2025 ze to IS PA all 11- OS IS M ic- of m je between the peoples of the world. 12 designed the natural order, a family. Its members differ in many re- 1 The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 (Department of State publication 6156; 1955), pp. 256–262. and are now offered by the Western nations to the Soviet bloc countries. The general question of Soviet interest in peaceful international trade can only be answered in specific terms. Is the Soviet Union now prepared to expand its exports sufficiently to make possible a ed much higher level of trade with the West? If so, what goods will be available? If the USSR believes that serious obstacles to peaceful trade exist on the Western side, we want to know what they are. Before coming here to Geneva, I consulted with the heads of the appropriate departments of my Government and arranged for pro- gressively simplifying certain of our operating procedures concerning exports to the Soviet bloc countries, so that the pathway to commercial enterprise might become smoother. These measures can facilitate trade, but they cannot produce trade where commercial incentive is lacking or where Western interest in trade is not reciprocated in Eastern Europe. The discussions here, it is hoped, will disclose the specific steps which can be taken to increase the peaceful trade between the West and Eastern Europe. We shall await with sympathetic interest the suggestions which the representa- of | tives of the Soviet Union may make upon this subject. We agreed at New York that detailed discussion at Geneva of East- West contacts would be left to our experts. As the United States. expert, I have appointed Mr. William H. Jackson. He is serving not to merely at my request but at the personal request of President I hope that the experts may begin their important task without he delay. I would suggest that they make a careful study of specific projects in the field of improved contacts and prepare recommenda- tions concerning their implementation, including procedures which s / could be developed through the organs and agencies of the United P We shall eagerly await the results of the experts' work, which con- ad tains so much of hope and promise for a better and more peaceful world, de de 45. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 14, 1955 1 This item of East-West contacts, although last on our Agenda, is We believe that the human race is, by the Supreme Will which be spects ; but they are alike in their inherent capacity to judge right and trong and they are akin through sympathy with each other's The great danger of war comes from the possibility that the human ed Eisenhower. JUS Nations. ID iel de et 1. S8 le $ :D aspirations. 2026 AMERICAN FOREIGN POLICY, 1950-1955 : Soviet system of censorship, of which jamming is a part, is a basi This censorship is exercised in such a way as to prevent the Soviet family may be artificially divided into hostile camps and that certain peoples may be brought to regard others as alien and hostile, when in fact that is not the case. Sometimes those in power find it profitable to promote this alienation of peoples. But that is a danger against which we should erect such bulwarks as are to be found in the free exchange of information and in the free movement of people. We realize that free information is not always correct information and that those who travel do not always give or receive correct impres- sions. Nevertheless, the risks from such infirmities are infinitely less than the risk of allowing the thinking of one people about another to be determined by government controls. The United States hoped that one of the good results to come from the Geneva Conference of the Heads of Governments would be freer exchanges of ideas, of persons and of goods. This has happened to some degree. The United States has tried to help in that direction. With respect to the exchange of ideas there was nothing that the United States could do unilaterally. Already our free press reports fully on developments within the Soviet bloc that are known to it. Important statements by Soviet rulers are widely reported by our press, radio and television newscasts. The only limitation is caused by Soviet censorship of news from the Soviet Union and the difficulty which reporters experience in getting access to the facts within the Soviet bloc. On our side there is no censorship or restrictions, With respect to the exchange of persons, the United States, as an earnest of its intentions, changed its passport regulations so that pass- ports may be obtained valid for the Soviet Union and Eastern Euro- pean countries with which we have diplomatic relations, just as our b passports are valid for Western European countries. In the area of trade with the Soviet Union we have only a few pro- hibitions. In anticipation of this Conference, and in order to facilitate b trade further, we took steps to simplify export procedures, However, the developments at this Conference have been disap d pointing. The exchange of information and ideas is blocked on the Soviet fe side by an all-embracing Soviet censorship of press and radio and the systematic Soviet jamming of radio broadcasts from other countries. In the Committee of Experts, the Soviet representative maintained that these two obstacles-censorship and jamming-could not be ad mitted to the agenda for substantive consideration since they con- G cerned internal affairs of the Soviet Union. It can be argued that these matters, are, indeed, internal ones , and it is true that only Soviet action can remove them. Nevertheless, the to and grave impediment to the free flow of information and ideas. comparable 11 AS 81 1 a ti 1 See statement of Nov. 3, 1955, by the Secretary of Commerce; supra doc. 32. •The Committee met from Nov. 2 to Nov. 10, 1955. THE SOVIET UNION 2027 of exchanges of persons and of delegations, but even here many dif- ferences exist regarding the procedures and principles under which such exchanges should be conducted. Exchanges of persons with the Soviet Union of necessity assume a different character than with countries of the Free World. travel abroad by Soviet citizens is carefully controlled by the Soviet Government and is undertaken only by carefully selected groups. We would call ordinary travel by persons on business or pleasure. Travel abroad therefore on the part of Soviet citizens is not what Visits to foreign countries are an instrument of Soviet policy designed to bring certain specific advantages to the Soviet state, especially for the acquisition of technical know-how. These special features must be and are taken into consideration by the United States in its approach to this problem. It is for this reason that we seek to people from learning objective facts about the rest of the world. Knowledge of the true way of life of the non-communist countries, including their eagerness to live in peace and friendship with the Soviet peoples, has been suppressed. At the same time, it is impossible for the rest of the world to receive adequate reports about develop- ments in the Soviet Union. The failure of the Soviet Delegation to indicate any willingness to take steps looking toward the progressive elimination of censorship is, consequently, extremely discouraging. The Soviet Delegation refused to consider Western suggestions for improvement in the treatment accorded to foreign journalists in the Soviet Union. The Soviet Delegation also evaded a precise answer to the proposal of the Western Powers for a regular exchange of un- censored broadcasts, responding only with vague pronouncements re- garding the desirability of a general agreement for greater coopera- tion in the radio field. We would welcome cooperation in radio communications. However, there is massive and systematic jamming of news broadcasts. Once this is eliminated, I am confident that we could reach general agree- ment on cooperation with regard to radio communications. This position was made clear in a note from the United States Government to the Soviet Union of December, 1953. On other items to which the Western Delegations attach impor- tance--items containing concrete proposals-such as the establish- ment of reading rooms in the respective capitals, the publication and distribution in each other's countries of official periodicals, and the public sale of books and magazines, the Soviet Delegation also refused to express agreement even in principle. These matters were consigned by the Soviet Delegation to possible bilateral discussions at a later With respect to movement of people, significant progress is blocked by the Soviet failure to respond to the Western proposals for less travel restrictions on foreigners and more normal treatment of The Committee of Experts agreed in general on the desirability 1 date diplomatic missions. All : Not printed 2028 AMERICAN FOREIGN POLICY, 1950–1955 tive to expect from the Soviet Union, the Soviet representatives in the Experts' Committee confined their approach to an openly political attack upon the Western system of security controls over the exporta and to direct attention to the vast problems of economic relationships precisely to avoid disputes and recriminations over these controls, between East and West, that the Directive from the Heads of Govern-/ the substance of our assigninent that President Pinay, Mr. Macmillas establish visits of this type on a basis of reciprocal advantage. They cannot be made haphazardly or on short notice but require a certain degree of planning and arrangement. The Experts' studies in the field of transport and trade have sim- larly been frustrated by the negative attitude of the Soviet Delegation . In the course of the Working Group meetings the Western Powers advanced four positive proposals: (1) That the Soviet Union agree that bilateral negotiations look- ing toward the early establishment of direct air links between the Soviet Union and the Western nations, under normal bilateral air transport agreements, should be undertaken as soon as possible; (2) That the Soviet Union take measures to alleviate the difi culties now encountered by Western businessmen in establishing ade- quate representation and in performing usual business and mainte- nance services within the Soviet Union; (3) That the Soviet Union accord 'more adequate protection to Western industrial property rights and copyrights, recognizing the generally accepted right of priority to new patents and agreeing to make data available concerning Soviet patents; (4) That the Soviet Union make available production, marketing price and trade data, comparable to such information now available to the Soviet Union from the Western countries. Each of these modest proposals was designed to eliminate discernible obstacles now thwarting the exercise of Western initiative for the mutually beneficial development of peaceful East-West trade. Each of these proposals was ignored or summarily dismissed by the Soviet representatives. France, the United Kingdom and the United States made repeated requests that the Soviet Union indicate that it was now itself to make the effort necessary to attain a substantially higher leve of peaceful East-West trade. But the Soviet representatives made me positive response. Yet unless goods are made available from the Soviet Union and unless the Soviet Union takes concrete steps to open its market, unilateral willingness to trade on the part of the Western countries cannot convert itself into two-way trade. In place of the positive response concerning peaceful trade which the United States had reason under the Heads of Government Dire tion of a relatively small range of strategic commodities . It was ment speaks of "peaceful” trade. It was precisely to avoid wasting time over such distractions fra prepared 1 Supra, doc. 41. THE SOVIET UNION 2029 Meeting of Foreign Ministers, pp. 228-233. and I, in our opening remarks on Item III, before constituting the Experts' Committee, took the pains to point out that the strategic trade controls are a matter of security—are a consequence, not a cause, of tensions and are outside the purview of Item III. Soviet officials conduct a strong propaganda outside their own country about their desire for trade and the alleged denial to them of trade opportunity. Yet the only restrictions which exist are those on strategic goods related to war purposes touching only a very small percentage of normal international commerce. Actually, the Soviet Officials speak differently at home. There they explain to their own people that the countries of the Soviet bloc must pursue an autarchic policy of self-sufficiency. Earlier this year Mr. Molotov, speaking before the Supreme Soviet, called attention to the existence of two parallel world markets, which he said were opposed to each other. We had hoped for a change in policy but thus far we have hoped in vain. The discussions of the Experts concerning measures to expand peaceful trade have produced no basis of agreement for the simple, now unmistakably evident reason that the Soviet Union remains basically opposed to developing a high level of trade between East and West. The fact is that the economic policies pursued by the Soviet Union and directed toward insuring the greatest degree of self-sufficiency leave for export no important stocks of consumer and other goods which normally enter into international trade. This consequence of Soviet economic policy, and not the small percentage of goods covered by strategic controls, has been and remains the chief limitation on any important development of trade with the Soviet Union. The Soviet Union apparently at the present time does, however, have large stockpiles of discarded arms resulting from the production of new models for the Soviets' own use. It would be a matter of utmost concern to the other nations of the world if the Soviet bloc should try to meet its large import needs and serve its other aims, by exporting these surplus arms throughout the world. This is indeed something very different from the peaceful trade between peoples" which the Heads of Governments said we should seek to develop. As a result of my review of the work of the Experts, it seems clear that the Soviet Union is not at present disposed to take those impor- tant steps which lie within its power to promote the free circulation of information and ideas and to facilitate trade in peaceful goods. The lack of progress on Item III should not, I suppose, come as a surprise. It is confirmation of the fact that the Soviet bloc system is based upon artificial conditions which cannot withstand free contact with the outer world. The Soviet rulers seem to fear lest their system would be endangered if the Soviet people had the kind of information which is available elsewhere; if they were free to join the many mil- lions who constantly travel back and forth to get acquainted with each other, and if trade in consumer goods should bring to the Mr. Dulles' statement of Oct. 31, 1955, is printed supra. For the text of the remarks of the same date by Mr. Pinay and Mr. Macmillan, see Geneva 2030 , AMERICAN FOREIGN POLICY, 1950–1955 ac ofi Russian people knowledge of the immense quantity and superb quality of goods which are produced by societies where labor is free. We do not believe that peace will have a solid foundation until there comes about free communications and peaceful trade between the Soviet bloc and the free Western peoples. We cannot expect this to happen all at once. Indeed, our Directivet calls for a "progressive elimination of barriers." It does not require is that barriers should be pulled down all at once. We had felt that ne our proposals were modest and we greatly regret that virtually none of them has been accepted. be It would, of course, be possible for us to say that we here had in : general way reaffirmed the desirability of increased contacts. But in merely to reaffirm is not our task. It is our task to formulate the measures which could realize the principles which our Heads of Gor- ernment set forth. Therefore for us merely to reaffirm in generalities of would only gloss over our lack of common accord on the important ar questions we have been asked to consider. Therefore, it appears far preferable to state frankly that little has PC been achieved here to eliminate barriers and that basic impedimenkt to freer contacts between East and West still exist and that we are ti far from achieving in practice the objectives set forth in the Directive from the Heads of Government. I This is a disappointing conclusion, but the future is apt to be better th if we face up now to what are the indisputable facts. of Nevertheless, we need not be disheartened. Since the Summit meet- ing last July some progress has been made. Some barriers have in tid fact been lowered. We believe that the process thus begun cannot easily be reversed. Perhaps it will proceed more surely through living process than by dependence upon negotiation. The United States does not intend to slacken its efforts to make communication more free and thus to end a situation that is dangerous to peace because tic it sets off one great part of the world as against another. I have often expressed the friendship of the American people for the Russian people. Our countries have never been at war . Our th people have never fought each other. And we do not believe that we could ever be brought to fight each other if only we know each other , The great danger comes from the carrying on year after year of an persistent campaign which distorts the mind of the Russian people . That is the danger which the Heads of our Governments directed u to avert. I believe that the talks which have occurred here, even though they have not resulted in any substantial agreements , at les tic may help us in the future to find the way to make our peace more alle be re re 2 an th solid. (D 1 1 THE SOVIET UNION 2031 18 TO re B! 18 Ho ES >4 70 (Department of State publication 6156; 1955), pp. 270-272. * Ibid., pp. 266-267." Ibid., pp. 269–270. 46. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 15, 1955 1 Yesterday, the French Delegation submitted a proposal? which, after study, the United States was ready to accept had it been accepted by the Soviet Delegation. Apparently, however, that French proposal is now rejected by the Soviet Delegation. The Soviet Delegation has now submitted a proposed draft statement by the Four Powers, which I have studied during the brief recess we have had. I regret to be forced to the conclusion that this present Soviet proposal does not adequately meet the Directive under which we are acting, primarily in that it contains nothing, or practically nothing, designed to permit e of an exchange of ideas and of information. It will be recalled that President Eisenhower in his statement here on July 22 on this topic put first of all the importance, as he put it, and I quote: "First to lower the barriers which now impede the inter- change of information and ideas between peoples. The Soviet proposal does not seem to make any effort at all to meet the views of the Western powers with respect to the importance of free communica- retion in the realm of information and ideas. In view of the rejection by the Soviet Union of the French proposal, I have compared the present Soviet proposal with that which the three Western powers introduced on October 31st through the medium of the French Delegation: 5 at Item 1 of that proposal contemplated a freer exchange of informa- DI tion and ideas and a progressive elimination of censorship. That is rejected. Item 2 proposed to have information centers on a basis of reciprocity which the people could freely use. That is rejected. Item 3 proposed to permit the publication and facilitate the distribu- tion of official periodicals. That is rejected. Item 4 dealt with exchange of books. It is accepted insofar as it relates to the exchange. But the vital part, which dealt with making these books available for public sale, is rejected. Item 5, with reference to the exchange of government publications and full lists, catalogues, and indices, also seems to be rejected. Item 6, dealing with exchange of films at normal commercial prices and on normal terms, seems to be rejected subject to the possibility that there might hereafter be an agreement on this topic. Item 8, dealing with the reduction of jamming of news and informa- d. Item 9, with reference to exchanging uncensored broadcasts, appears also to be rejected, although it is suggested that there might hereafter be an agreement covering broadcast exchanges. De The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 er 10 ed 1 S& DI [II Il I. 9 e INS 3 st tion broadcasts, is rejected. 3 8 Supra, doc. 39. Supra, doc. 43. 2032 AMERICAN FOREIGN POLICY, 1950-1955 2 ba WE W! i The Geneva Meeting of Foreign Ministers, October 27-November 16, Item 10, dealing with the elimination of the censorship of outgoing press dispatches and access by journalists to normal sources of i 31 formation, is rejected. th Item 11 relates to tourism. There is a reference in the Soviet pape to tourism, but the Soviet Union rejects any suggestion that ther should, to facilitate this, be reasonable rates of currency exchange 3. Item 16, dealing with the restriction on the travel by members al ga the diplomatic missions on a basis of reciprocity, also is rejected. Item 17, dealing with reciprocal exchanges of direct air transport 4. services[,] is rejected. In other words, of our 17 concrete proposals only five seem to in partially accepted. I emphasize that all of those which relate to Ch freer exchange of ideas, news, uncensored information have been ex rejected. The Soviet Union seems to have picked out of our propost go only four or five suggestions which it deems to its interest, and to co have rejected all the others, without any spirit of give and take in and with a complete omission of anything of substance in the realme W exchange of ideas. I pointed out in my remarks yesterday that we consider that peace de is not solidly based unless the peoples of the different countries en W have access to what other peoples believe and, I think, that to be res peace upon the power of government to dictate what peoples she the think about each other is, in our opinion, a very dangerous conditio 5. And because the Soviet paper would perpetuate what we deem to k a very great danger to peace and good understanding between people wis and because it does not seem to us to comply with the Directive while the guides us, we do not find it acceptable. 47. BACKGROUND PAPER RELEASED TO THE PRESS BY THE DELEGATIONS OF THE UNITED STATES, TH UNITED KINGDOM, AND FRANCE, NOVEMBER 15, 1960 6. pre 1. The Foreign Ministers of the Four Powers instructed their do perts to "study measures, including those possible in organs dis agencies of the United Nations, which could: tin (a) bring about a progressive elimination of barriers which inte aci fere with free communications and peaceful trade between the peoples, and (b) bring about such freer contacts and exchanges as are to ti mutual advantage of the countries and peoples concerned." 2. The Experts formed two Working Groups, one dealing withe 7. changes of ideas, information and persons and the other dealis with questions of peaceful trade. Between them, the Committee Experts and the two working Groups held 18 meetings from Novembet : mi an Cat po 3 (Department of State publication 6156; 1955), pp. 279–281. THE SOVIET UNION 2033 * The Geneva Meeting of Foreign Ministers, pp. 239-240 3 General Assembly Res. 500 (V); infra, pp.2614-2615.. 1 2 N EN JM 3 00 24 10 TAI AX 2 to November 10. They examined the proposals tabled by the French Foreign Minister on behalf of the Three Western Powers on October 31,' and the draft resolution tabled by the Soviet Foreign Minister on the same day. Elimination of Barriers 3. Unfortunately no significant progress was made. The Soviet dele- gation were unwilling to consider the progressive elimination of the barriers which interfere with free communications and peaceful trade. 4. The only barriers the Soviet delegation were prepared to discuss were the Western controls on the export of strategic goods and alleged interference with the freedom of navigation of Soviet vessels in the China Seas. The Western delegations reiterated that the controls exercised by the Western countries on exports of certain strategic si goods are maintained for their own security. The fact that these controls are not negotiable was clearly and deliberately recognized in Item III of the Directive which covers only "peaceful" trade. The Western delegations showed that the situation in the China Seas was irrelevant since the specific matters complained of by the Soviet an delegation either were outside the responsibility of any of the three Western Powers or, as in the case of the refusal to provide fuel to vessels carrying strategic goods to Communist China, followed from all the United Nations Resolution of May 18, 1951.3 L 5. The barriers to the free movement of persons and to the free com- munication of ideas and information, which the Western delegations wished to see removed, were listed among the 17 points contained in the Western proposals of October 31. The chief barriers are: censorship, jamming, the artificial rate of exchange of the rouble, BT restrictions on foreign journalists, restrictions on diplomatic missions. 3 6. The Soviet Delegation showed no readiness to consider the Western proposals on these matters, which they declared to be of purely domestic concern to the Soviet Union, or matters which should be discussed bilaterally but not at the Four Power Conference. Some- times they argued, in spite of evidence to the contrary, that Soviet were justified by Western actions; for example, that jamming was justified by the content of Western broadcasts. The Western Powers replied that systematic jamming had no relation to content and that no progress could be made towards cooperation in broad- thel casting until systematic jamming ceased. Positive Western Proposals 7. The Western Delegations put forward a number of positive pro- line posals to bring about freer contacts and exchanges to the mutual 01. be LICO HES 801 actions 1 PDA elle el nbey * Supra, doc. 43. 41590057_--Vol. 2-25 2034 AMERICAN FOREIGN POLICY, 1950–1955 t 8 W cluding patents, parallel to those available in the West, should be advantage of their countries and peoples. To none of these proposal did they receive a satisfactory reply. This was particularly the com with ali proposals which would result in more individual contack The Soviet Delegation suggested that certain of the Western proposak should be the subject of bilateral negotiations; but they refused to express approval, even in principle, of the most important measure proposed. 8. In putting forward their proposals, the Western Delegations took into account the contribution which could be made by the orgas and agencies of the United Nations in putting into effect the measure envisaged. 9. To the Western proposal for agreement in principle to the eart establishment of direct air links between the Soviet Union and Western nations, the Soviet delegation returned a negative answer 1 10. The Soviet Delegation suggested that the text of Mr. Molotor draft resolution' might serve as a basis for general agreement on Item III. The Western delegations pointed out that those parts of i which could be considered to fall within the terms of the Directir f consisted of generalised statements of good intention which woul require the four Governments to extend only the group exchange I which are already a characteristic feature of existing contacts between the Soviet and Western peoples. The Western Delegations naturals welcome such exchanges, but cannot regard them as an adequak fulfillment of the instruction in the Directive. Development of Peaceful Trade 11. The Western delegations demonstrated that the strategic export controls cover only a small part of the trade field, and that there i freely available to the Soviet Union a wide area of peaceful trade which, however, her monopoly buying and selling organisations tak only meagre advantage. The wide opportunities for trade med se available by the West compare very favourably with the rigid contra over all aspects of foreign trade which is still exercised by the Sovie of Union. The prime requirement for any worthwhile expansion i ag peaceful East/West trade must be the discarding of the policy is self-sufficiency which the Soviet Union has applied since the 1938 12. Nevertheless, the Western Powers offered to consider sympathe G ically any proposals which the Soviet delegation might put sh as being likely to lead to a mutually beneficial development of peace ful trade. This offer elicited no positive response. Powers themselves put forward a number of specific proposals of modest nature, the acceptance of which would do something to help trade expand.' Among these were that it should be made less dificul and less expensive for Western traders to visit and reside in the Sovie Union; chat facilities for the protection of industrial property, it 1 The Geneva Meeting of Foreign Ministers, pp. 239-240. fe m W m Sa forward B The Western 3 190 pp. THE SOVIET UNION 2035 t0 LI 1 0 AN FEE Ei CITO ull RES Pon ally | Brussels Treaty - Organizations: 1 The Geneva Meeting of Foreign Ministers, : October 27-November 16, 1955 (Department of State publication 6156; 1955), pp. 284-288. + Treaty of Apr. 4, 1949, as amended by protocols of Oct. 23, 1954; supra, pp. statistics and trade data as is the case in Western countries. None of these specific proposals elicited any positive response from the cite Soviet delegation. 48. STATEMENT BY THE SECRETARY OF STATE, NOVEMBER 16, 1955 We must all feel the seriousness of this moment as our Conference draws to an end. We came here carrying a heavy responsibility. Last July, the Heads of our Governments met and agreed to make a new effort to solve some of the stubborn problems which have long defied solution- the problem of Germany, the problem of disarmament and the prob- lem of breaking down the barriers which separate the Soviet bloc from the free world. They gave to us, the Foreign Ministers, the task of attempting to translate their purposes into concrete realities. The United States undertook, with the utmost seriousness, its share of the common task. We dedicated immense effort to preparation for this Conference. I know that the Governments of France, and the United Kingdom, and so far as it was concerned, the Federal Republic of Germany also made similar efforts. All this involved work of unprecedented intensity between the close of the July Con- férence of Heads of Government and the opening in October of this Conference of Foreign Ministers. We brought here the results, of that preparatory work and we have presented them, not as rigid positions but as bases for negotiation. There is, however, little agreement to record, as our communiqué ? The first item of our Agenda involved the problem of European security and Germany. The three Western Powers came forward with proposals both for European security and for the reunification i of Germany two problems which the four Heads of Government agreed were closely linked. Our proposals for European security in- a great effort to give the Soviet Union assurance that its secu- rity would not be impaired if Germany should be reunified. Special et- safeguards were proposed to reassure the Soviet Union if reunified Germany, in the exercise of its inherent right of collective self-deferise, should elect to associate itself with the North Atlantic Treaty and the The merit of our security proposals is demonstrated by the fact that See the tripartite proposals of Oct. 27, 1955, and Nov. 4, 1955; supra, pp. 1897– si on makes plain. 30 เof I. ; 11 volved CA II ? Infra. 1903 and 1921-1922. be 812-815, 871-873., : Treaty of Mar. 17, 1948, as amended by the protocols of Oct. 23, 1954; supra, pp. 968-971, 972-989. 2036 AMERICAN FOREIGN POLICY, 1950-1955 ఉం డే own. ar mi y M m 80 of ne The attitude of the Soviet Government here will almost certain impair the development of confidence which the Summit meetu buz The second item of our Directive was Disarmament. In this mattel ference. The Heads of Government agreed, last July, to work w the Soviet Union seemed to find in them much with which to agree It has been made apparent that security is not the primary reason why the Soviet Union does not agree to the reunification of Germans . That is an important demonstration, and it may be helpful for the future. However, the indispensable premise of our security proposal w b the reunification of Germany, without which we feel there can be u th solid peace in Europe. And the Soviet Union made no effort what- soever to meet this point or to comply with that portion of our Dire tive which called for the reunification of Germany by free elections P The Soviet Delegation refused to discuss the provisions of our reun fication proposal and it never submitted a reunification proposal of it It pointed to alleged obstacles to German reunification such as the existence of NATO and Western European Union. But it neve said that it would permit the reunification of Germany even if these alleged obstacles were done away with. Rather, it took the position that it would not permit the so-called German Democratic Republic the regime which the Soviet Government has installed in East Ger many, to be subjected to the test of free elections. The Soviet refusal even to contemplate free elections in East Ger many has a significance which goes far beyond the confines of Ger many. It highlights, as no words could, the situation throughout Eastern Europe. If the so-called German Democratic Republic cam not stand the test of the people's choice, no more can the regimes in posed on the other peoples of Eastern Europe. This topic was not on our Agenda because the Soviet Government had refused to accepti be there. But we were all conscious of the fact that Soviet preoccupatico Ca with its problems in Eastern Europe weighed heavily upon it at this Co Conference. Last July, Chairman Bulganin agreed that there was a close link between German reunification and European security; that the for Powers had a responsibility for the reunification of Germany and the Germany should be reunified by free elections. The Government and people of the United States will find it hard to understand why, in the light of this, Chairman Bulganin sent to this Foreign Ministers Corne ference a Delegation which was apparently under orders not to discus has ho seriously the matter of German reunification. Conditions in Eastern Europe may be such that the Soviet Unn wie feels that it cannot now agree to free elections in any area it control because that would have a contagious effect. But we think it unforte wit nate that this was not foreseen by the Soviet Government before i agreed at the highest level and under the most solemn circumstanek dor that Germany should be reunified by free elections. 891 sought to foster. primary responsibility was not given to this Foreign Ministers Car tak DO 00 WO WO WTO are Den II. blo 1 Port THE SOVIET UNION 2037 28 00 he 00 al 188 This FH 23 00 H human dignity are best served by allowing ideas, knowledge, and "Proposal of July 21, 1955; infra, pp. 2841-2843. Foreign Ministers, pp. 184-186. gether through the Subcommittee of the United Nations Disarmament Commission to develop an acceptable system for disarmament. The Foreign Ministers here were given what might be called a watching and supporting role. Nevertbeless, I believe that our discussions on disarmament have been useful. I hope they have led the Soviet Delegation to realize the sincerity of United States purpose. We have made it clear that we are determined to seek reduction of armament, but we want reduc- tion that can be checked and controlled, so that it will not be one-sided. President Eisenhower's proposal for exchange of blueprints and aerial inspection was presented as a start toward that goal. The Soviet Union has suggested the giving of pledges not to wage an atomic war.? We pointed out that the four of us here, and indeed most of the nations of the world, are already pledged not to wage any war in violation of the Charter of the United Nations. The great weight of world opinion and the potency of moral judge ment should be directed against the initiation of any war, and not merely wars with particular weapons. Any war is horrible. And any government which defied world opinion by going to war in violation of its previous solemn pledges could not be relied upon to keep its new pledge not to use atomic weapons. Therefore, in the case of atomic as of other weapons, the primary task is to find means of supervision and control. Pledges alone are OB it We believe that the Western point of view in these respects is now better understood and that the representatives of the four of us, with on the Subcommittee of the United Nations Disarmament Commission will accordingly now be able more effectively to carry on their work. The agreement of the four Heads of Government to work through that Subcommittee is, of course, unchanged by anything we have done here. Item III of our Agenda dealt with the Development of Contacts. e here again, there is no agreement to record. It is apparent that there has been little change in the sensitiveness of the Soviet Government to the introduction into the Soviet Union of any ideas which conflict The free democracies believe that human beings were given minds with which to think, and consciences with which to judge right and wrong, and that human dignity requires freedom of thought and free- * dom of conscience. We also believe that the peoples of the world are essentially a single family, the members of which are naturally sympathetic with each other. Therefore, we believe that peace and news to be freely exchanged. We do not expect this to happen all at once so far as the Soviet bloc is concerned. Indeed our Directive contemplates that the bar- T- not enough. OD his Canada, ni UI III. on with the official ideology, 2038 AMERICAN FOREIGN POLICY, 1950–1955 OS er West is far greater than the local and passing advantages which it riers which interfere with free communications shall be eliminated only gradually and not abruptly. Recognizing this, we made only modest proposals which we believed the Soviet Government couk accept. However, no concrete proposal made by the Western Power! for the elimination of barriers to the free exchange of ideas and in- formation between our peoples was acceptable to the Soviet Union The Soviet Union was primarily interested in contacts which might enable it to obtain valuable technological information or to enable i to obtain strategic goods rather than the commodities of peaceful trade which our Directive specifies. The talks here of our experts have for the first time brought man se new vistas into the realm of practical discussion. No agreements PE have been reached, but I think that the efforts made will not die. I expect that each of our Governments will act in these matters in terms of particular items, and in terms of its judgment as to whether to reduce barriers is in its national interest. But one element in that decision is bound to be the eagerness of people to know more about each other and to learn of new ideas. Since the July Summit Conference certain barriers to communic- of tion have, in fact, been eliminated. The process now started is al- So most sure to go on. It may proceed only slowly and unevenly, but the fro process now started is, we believe, not easily reversed. pr GIF Conclusion International conferences rarely produce as much as people hope from them. We should not complain that hopes are high because the existence of those hopes inspires us to do our best. Having mysell the lived through more conferences than are the lot of most human beings be I have learned not to be readily discouraged. I recall that the three Western Powers took the initiative which led to the Heads of Government Conference. They pointed out in their note to the Soviet Union of May 10, 1955, "We recognize that the solution of these problems will take time and patience. They G. will not be solved at a single meeting nor in a hasty manner. And I recall that President Eisenhower on his return from the Summit Conference said that he was "profoundly impressed with the need for all of us to avoid discouragement merely because our ow ? proposals, our own approaches; and our own beliefs are not always immediately accepted by the other side".2 This Conference has had its merits. We have talked plainly. We have in the main discussed seriously and without vituperation. Our 1 talks have not been wholly barren. The Government and the people of the United States want to die velop better relations with the Soviet nation. Our hope for the future this derives from our belief that the Soviet. Government will, sooner.com later, come to see that the advantage to it in better relations with me an $10 11 | len 193 on] 1 (De 2 3 I Supra, pp. 1886-1887. 2 Address of July 25, 1955; supra, pp. 111-114. THE SOVIET UNION 2039 Department of State Bulletin, Jan. 15, 1951, pp. 93–94. ENS 1, d at ut U.S.-U.S.S. R. negotiations for a settlement of the Soviet wartime this purpose. These discussions will deal with lend-lease matters (Department of State publication 6156; 1955), p. 305. could gain at the price of forfeiting the good relationship which, at the Summit Conference, the Soviet rulers seemed to want. On my return to the United States, I shall report to President Eisenhower. He has closely followed this Conference on a day-to- day basis, and will evaluate its result against the background of his vast knowledge and abhorrence of war, and his dedication to the cause of a just and durable peace. it I am confident that our national policy will continue to find the way to serve the cause of human dignity, as represented by the freedom of individuals to exchange ideas; the cause of humanity, as (re)pre- 3 sented by control of disarmament; and the cause of justice, as represented by the unification of Germany. in 49. QUADRIPARTITE COMMUNIQUÉ, NOVEMBER 16, 1955 1 In compliance with the Directive issued by the four Heads of Gov- ernment after their meeting in Geneva in July, the Foreign Ministers of the French Republic, the United Kingdoin, the Union of Soviet Socialist Republics and the United States of America met in Geneva from October 27 to November 16, 1955. They had a frank and com- prehensive discussion of the three items entrusted to them in the Direc- tive, namely: 1. European Security and Germany, 2. Disarmament, and 3. Development of Contacts between East and West. The Foreign Ministers agreed to report the result of their discus- sions to their respective Heads of Government and to recommend that the future course of the discussions of the Foreign Ministers should A be settled through diplomatic channels. 1 G. NEGOTIATIONS REGARDING A LEND-LEASE be SETTLEMENT he 50. STATEMENT BY THE DEPARTMENT OF STATE, To JANUARY 5, 1951 3 1961, with representatives of the Soviet Government nominated for The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 8 P I lo II Of % Supra, doc. 41. 2040 AMERICAN FOREIGN POLICY, 1950–1955 ri b 0 น1 4 An agreement of Sept. 27, 1949, provided for the return of three icebreaker U.S.-U. S. S. R. Master Lend-Lease Agreement of June 11, 1942," he d been a subject of discussion between the two Governments since 1945 , Formal settlement negotiations were first undertaken in April 1941. The forthcoming talks result from a United States note of June 13 , 1950, to the Soviet Government 2 suggesting the resumption d negotiations in a further effort to reach a long-overdue settlement d' b. this lend-lease account. The main problems to be dealt with are: A (1) The amount, and terms of payment, for the reimbursable portion T of wartime lend-lease aid from the United States to the Soviet Union This reimbursable portion does not include articles lost, destroyed, a S consumed in the common war effort. It thus comprises only a small S part of the total of approximately 11 billion dollars worth of lend-lease aid from the United States to the Soviet Union. V (2) The disposition of naval and merchant vessels loaned to the S U.S.S.R. which are subject to return to the United States on reques . After the Soviet authorities failed for 2 years to comply with requesk for return of certain vessels, the United States, on October 7, 1948 JI formally demanded the return of 3 icebreakers, 28 frigates, and 18 G units of other types, mainly small craft.3 To date, the U.S.S. R. he returned the frigates and one icebreaker but has failed to comply with to the request for the other vessels.4 (3) Compensation to United States firms for the use of their patented oil refinery processes supplied to the U.S.S.R. under lend- lease. To date, the U.S.S.R. has reached agreement with only one of the seven interested United States firms. d A 51. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET AMBASSADOR AT WASHINGTON, FEBRUARY 7, 56 I have the honor to refer to Article V of the Master Lend-Lease Agreement of June 11, 1942, between the Governments of the United States and the Union of Soviet Socialist Republics’ which provides that The Government of the Union of Soviet Socialist Republics will return to the 1? United States of America at the end of the emergency, as determined by t. President of the United States of America, such defense articles transferred under this agreement as shall not have been destroyed, lost or consumed and as shell determined by the President to be useful in the defense of the United States « America or of the Western Hemisphere, or to be otherwise of use to the Unital States of America. b 1 Executive Agreement Series 253; 56 Stat. 1500. 2 Not printed. 8 In a note not printed. 6 1951 t and various frigates; TIAS 2060 (63 Stat., pt. 3, p. 2810). 6 Alexander S. Panyushkin. 6 Department of State Bulletin, Feb. 19, 1951, pp. 302–303. 7 EAS 253; 56 Stat. 1500. THE SOVIET UNION 2041 0 201. , O! 283 Department of State Bulletin, Apr. 23, 1951, pp. 646–647. On July 7, 1948, the President of the United States of America has determined that the emergency relative to the lend-lease program 943 referred to in the provisions of the Master Lend-Lease Agreements 941 between the United States and various lend-lease countries had ter- . minated. I have the honor to confirm herewith the statement made by Am- to bassador John C. Wiley during the Lend-Lease Settlement discussions on January 27, 1951, that the President of the United States of America has determined that certain defense articles are of use to the in United States, namely all the naval and merchant vessels and military watercraft which were transferred to the Government of the Union of Soviet Socialist Republics under the Lend-Lease Agreement of June 11, 1942, and which have not been heretofore returned to the United States. This will also confirm the request made by Ambassador Wiley on January 27, 1951, as directed bỳ the President of the United States , that the Government of the Union of Soviet Socialist Republics es immediately return to the United States these defense articles in ests &ccordance with Article V of the Master Lend-Lease Agreement of June 11, 1942. A list of these vessels by category is attached hereto.? 186 It is further requested that representatives of the United States be Government be permitted to examine all unserviceable vessels in order ith to determine the ultimate disposition of these vessels. The Government of the United States expects that the Soviet naval meir experts now in the United States will promptly make arrangements with American naval experts for the immediate return of the vessels of referred to above. The Government of the United States reserves its rights under Article V of the Master Lend-Lease Agreement of June 11, 1942, to demand the return to the United States, under the provision of this Article , of such other lend-lease articles as may be determined to be M of use to the United States. 52. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET AMBASSADOR AT WASHINGTON, APRIL 6, 1951 4 at: EXCELLENCY:I have the honor to refer to your note No. 22 of March | 21,19516 concerning this Government's request of February 7, 1951 € that the Government of the Union of Soviet Socialist Republics promptly return to the United States all vessels loaned to the Soviet Union under the terms of the Master Lend-Lease Agreement of June between our two Governments for the sale to the Soviet Union of all your note you declare that agreement had already been reached the merchant ships and part of the naval ships received under Lend- Not printed. See table of Apr. 24, 1952; infra, doc. 55. 8 Alexander S. Panyushkin. ndo 28 be 11, 1942. In 1 Not printed. AN • Ibid., pp. 647-648. o Supra. 2042 AMERICAN FOREIGN POLICY, 1950–1955 1 ' 1 I S V of the Agreement of June 11, 1942, to require the return to the United States of in accordance with the surplus property procedures outlined to representatives of which referred to the conditional nature of the agreement concerning the position of the Government of the United States is that, if a compra hensive lend-lease settlement is not concluded promptly, the Government of the United States under Article V of the Agreement of June 11, 1942, will require the return to the United States of the lend-lease merchant vessels now remaining i Lease and that this Government's note of February 7, 1951 "violates" this agreement. By "agreement” it is presumed that you have reference to this Government's notes of February 27, 1948, September 3, 1948 ali August 8, 1949 which dealt with the disposition of lend-lease vessel With respect to the thirty-six war-built merchant vessels thi Government's note of February 27, 1948 stated: The agreement of your Government concerning these vessels resolves tenka tively one of the several points necessary to a satisfactory comprehensive settle ment of the obligations under the agreement between our two Governments « June 11, 1942. Your attention is invited to the fact that at the first meeting of the Working Groups on May 3, 1947, United States Representatives stated that sine the object of the negotiations was to achieve a satisfactory comprehensive settle ment, agreement reached on any particular subject was tentative and subject to agreement on all issues necessary to a general settlement. The Soviet repre t sentatives indicated their concurrence. Accordingly, the first paragraph of the Outline of Main Points of Settlement Proposed by the United States Side in keeping with the above-mentioned understandings reached by the representatives of ou two Governments on May 3, 1947 reads in part as follows: "As both sides bave understood from the outset, the reaching of agreement upon any one isur t is tentative and subject to the conclusion of a satisfactory comprehensive settlement." With respect to pre-war-built merchant vessels and tugs, this Government's note of August 8, 1949 stated in part: The Government of the United States considers this amount ($13,000,00 ) satisfactory as the cash price for the sale of the vessels, effective as of September 2, 1945, it being understood that the sale will be consummated only upon con clusion of the over-all Lend-Lease settlement. Agreement on this point resolve satisfactorily another of the several points of a comprehensive settlement, but the Government of the United States will continue to reserve its rights under Artik the pré-war-built merchant vessels and the tugs as well as other Lend-Lex articles until such time as a mutually satisfactory over-all settlement agreementi reached. With respect to naval vessels, this Government's note of September 3, 1948 stated in part: Provided a mutually satisfactory Lend-Lease settlement is promptly agreed upon by our two Governments, the Government of the United States is willing at agreed prices, to sell to the Soviet Government as a part of such settlement and your Government on June 25, 1947, the following naval craft Moreover, on other occasions this Government has made perfectif clear to the Soviet Government its position concerning the disposition of lend-lease vessels. In this Government's note of May 7, 19 war-built merchant ships as set forth in this Government's note o February 27, 1948, it was stated: the possession of your government. 9 THE SOVIET UNION 2043 INC Laya determined by the President to be useful in the defense of the United States of * President of the United States that 3 icebreakers, 28 frigates and 186 tes" In this Government's note of September 3, 1948 in connection with the need for a prompt and satisfactory settlement, it was stated: this Therefore, notwithstanding certain offers which this Government has made and in connection with its settlement proposals, unless a mutually satisfactory settle- sels ment is promptly agreed upon by our two Governments, this Government will they have no alternative but to withdraw its offers to transfer full title to certain lend- lease articles to the Government of the Union of Soviet Socialist Republics and will be obliged to exercise its rights under Article V of the Agreement of June 11, inte- 1942 by requiring the return of such articles to the United States. This is partic- ttle ularly applicable to all merchant and naval vessels. It applies also to military sd vessels and to certain other lend-lease articles which would be of use to the United States. the From the above it is clear that the agreement referred to in your note of March 21, 1951 consists of a series of tentative offers by the to Government of the United States which have been explicitly condi- tioned upon the conclusion of a prompt and satisfactory lend-lease the settlement. In the current conversations on the subject of a lend- ping lease settlement, Ambassador John C. Wiley has repeatedly called to your attention the fact that the Soviet Government by avoiding the reaching of a prompt and satisfactory over-all settlement clearly has failed to meet the conditions for the sale of any of these vessels. Therefore, this Government is free to withdraw its conditional offer bi to sell such vessels and this was done in this Government's note of February 7, 1951.1 10) Your note of March 21, 1951 advances as a second reason for not to returning lend-lease vessels the argument that the vessels are not needed by the United States. Article V of the Master Lend-Lease Agreement of June 11, 1942 is clear and specific on this point, reading the as follows: so The Government of the Union of Soviet Socialist Republics will return to the United States of America at the end of the present emergency, as determined by the President of the United States of America, such defense articles transferred under this agreement as shall not have been destroyed, lost or consumed and as shall be This article places upon the President of the United States alone the responsibility for the determination of the usefulness of lend-lease articles to the United States. The point raised in your note of March 21, 1951 that certain vessels of the United States may have been dis- posed of to third countries bears no relationship to the obligations of your Government under Article V and is not subject to discussion between our two Governments. On July 7, 1948 the President of the United States of America determined that the emergency relative to the lend-lease program had been terminated and the Government of the Union of Soviet Socialist Republics was so notified on October 7. 1948. On this date the Soviet Government was also notified of the determination by the IYA de FAX ON States of America. 380 301 01 Supra $ 1 1 t 8 8 0 b t h $ ܘܒܝ ܒܓ ܒܛ ܒܫܢ fo W 0] CI in CC ec The Government of the United States has requested no payment war, exclusive of ships) which may have remained in Soviet custod at the war's end. The position of the Government of the United 2044 AMERICAN FOREIGN POLICY, 1950–1955 demanded. The Soviet Government has returned only the frigates and one icebreaker. On February 7, 1951 the Government of the Union of Soviet Socialist Republics was informed that the President of the United States of America had determined that all merchant military and naval lend-lease vessels remaining in Soviet custody are di use to the United States and the prompt return of these vessels was duly demanded. Therefore, the obligation of the Soviet Government to return the vessels listed in this Government's note of February 1, 1951 is clear and unequivocal. With reference to the statement in your note of March 21, 1951 that United States naval vessels in Soviet custody are "badly wozi out and for the most part unfit for navigation in the open sea," I wish to emphasize that title to these vessels remains in the Govern ment of the United States regardless of their condition. I therefore repeat the request made in this Government's note of February 2 1951 that representatives of the Government of the United States be permitted to examine all unserviceable vessels in order to determine their ultimate disposition. The demand presented in this Government's note of February 1, 1951, that the Government of the Union of Soviet Socialist Republics immediately return to the Government of the United States all the naval and merchant vessels as well as military watercraft which were transferred to it under the Master Lend-Lease Agreement of June 11 , 1942 is hereby reiterated. A prompt reply is requested in order that the necessary arrangements for return may be promptly agreed upon with the Soviet naval expert now in Washington. 53. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET AMBASSADOR AT WASHINGTON, APRIL 27, 1951 ? EXCELLENCY: I have the honor to refer to the negotiations between our two Governments for a settlement of the obligations of the Govern ment of the Union of Soviet Socialist Republics under the Master Lend-Lease Agreement of June 11, 1942, and specifically to the questions of compensation for lend-lease articles not lost, destroyed or consumed during the war and the terms and conditions under which such articles may be retained by the Soviet Government. The Government of the United States has upon several occasions already demanded the return under Article V of the Master Lend-Lees Agreement of all lend-lease ships and watercraft, particularly in ik notes of February 7 and April 6, 1951.3 The question of ships therë fore is not considered herein. for “military-type" articles (arms, ammunition and implements. 1 Alexander S. Panyushkin. 2 Department of State Bulletin, May 7, 1951, pp. 744–746. 3 Supra, docs. 51 and 52. OI tie les GO 19 en its pr tir lib TH mu to bil aft Jui fur bil int has pro pre to 1 THE SOVIET UNION 2045 The Soviet: Government has taken the position that a lend-lease } TI } 1 H * conclusion, the Government of the United States expressed its willing- | billion and later the amount of $800 million. Furthermore, in the provided that the Soviet Government on its part would increase its to the Soviet peacetime economy.: States, however, has been that the terms of any settlement would reserve the right of the Government of the United States, as set forth in Article V of the Master Lend-Lease Agreement, to the return to the United States by the Soviet Government of such “military-type" articles and would maintain the obligation of the Soviet Government as stipulated in Article III of the Master Lend-Lease Agreement, to obtain the prior consent of the Government of the United States before retransfer of such articles to third parties. The position of the Government of the United States in this matter is in keeping with the settlements already concluded with other Lend-Lease countries having Master Lend-Lease agreements similar to that with the Soviet Government. The Government of the United States also has requested no payment for "civilian-type" articles lost, destroyed, or consumed during the war. The Government of the United States has requested payment only for those "civilian-type" articles which remained in Soviet custody at the war's end and has offered to transfer title to such articles in consideration of payment of a mutually satisfactory sum on terms agreed by our two Governments. These "civilian-type" articles consist of lend-lease supplies having a peacetime value to the Soviet economy and remaining under the control of the Soviet Government on September 2, 1945, or subsequently received by it with the excep- tion of ships, "military-type" articles as stated above, and certain lend-lease articles title to which had been transferred to the Soviet Government under the Agreements of May 30, 1945 and October 15, 1945: In order to provide a basis for determination of the fair value of "civilian-type” articles remaining in Soviet custody at the war's end, the Government of the United States carefully compiled from its own records a detailed estimated inventory of such articles. In preparing this inventory most liberal allowances were made for war- time losses. The value of this inventory at landed cost less most liberal allowances for depreciation amounted to a total of $2.6 billion. The Government of the United States, in an effort to arrive at a mutually satisfactory sum representing the fair value of these articles to the Soviet peacetime economy, initially proposed the sum of $1.3 repayable in thirty annual installments beginning five years after July 1, 1946, with interest at 2 percent per annum accruing from July 1, 1946 and payable annually thereafter. Subsequently, in a further effort to speed the negotiations to a mutually satisfactory more to accept still lesser sums, first by proposing the amount of $1 il has repeatedly indicated its readiness to reduce further this sum 78 18 Tts ort T 10 2- billion 10 $ ; a : Not printed. in ini 2046 AMERICAN FOREIGN POLICY, 1950–1955 ( C S & 0 8 ei ai settlement, in the first place, must take into account the Soviet com- tribution to the victory against the common enemy, and secondo , must conform with other existing lend-lease settlements. The Sovie Government, however, has cited only the settlement with the British Government. With regard to the first principle put forward by the Soviet Gover: ment, the Government of the United States believes that it has given full recognition to the Soviet contribution to the defeat of the common enemy by writing off completely the entire lend-lease contribution d the United States to the Soviet war effort and asking payment only for those "civilian-type" articles remaining in the Soviet Unions the war's end. It is to be noted that total lend-lease assistance provided by the United States to the Soviet Union during the war amounted to approximately $10.8 billion and represented a vas contribution of the skills, labor and resources of the United State to assist the peoples of the Soviet Union in the defeat of the aggressor nations. It is also to be noted that the amount of compensation nor proposed by the Government of the United States is $800 million p From these facts it may be clearly seen that the Government of the T United States has asked no payment for war-time lend-lease ait G totaling approximately $10 billion. This represents, on the part d the Government of the United States, great recognition of the com- munity of interest of our two Governments in the achievement of the So common victory and takes full cognizance of the part played by the de Soviet Government in this effort. be With regard to the Soviet contention that a lend-lease settlement G must conform to "precedents”, specifically the settlement with the British Government, the Government of the United States has ir vited the attention of the Soviet Government to the fact that the Government of the United States has never agreed to give most Go favored-nation treatment in connection with any lend-lease selle tri ment. Nevertheless, the Government of the United States basi ur fact sought to reach'a lend-lease settlement with the Soviet Goven: ment on the basis of the same principles which were observed in settlement with the British Governinent. In accordance with these principles the British Government was noi asked to pay for lend-es articles lost, destroyed or consumed in the war; nor was payment asko 54 for "military-type articles remaining in the United Kingdom at u end of the war. Payment was requested only for the fair value "civilian-type" articles remaining in the United Kingdom at the war A gorically refused to reach a settlement on the basis of these principles Go It will be recalled in this connection that, unlike the British Court to ernment, the Soviet Government while refusing to furnish an inventory to of lend-lease articles remaining in existence at the end of the war, declined also to consider the estimated inventory provided by De Government of the United States as a basis for settlement. Soviet Government has instead sought to make settlement on basis of the total lend-lease furnished and has had recourse to estoy neous analogies not germane to the British settlement. sh W mi he 1 th rer the 1 THE SOVIET UNION 2047 OD: 6 城 ​eri- EVER TON 200 Wa vasi S90 TION 10n . Government of the United States that the Soviet Government return 1 Not having received replies to the notes of Feb. 7, Apr. 6, and Apr. 27, the Department of State asked the Soviet Embassy on July 2, 1951, to expedite The reply; Department of State Bulletin, July 23, 1951, p. 145. 2 Alexander S. Panyushkin. Department of State Bulletin, Jan. 21, 1952, pp. 86–87. Thidiš pp. 87-88. i Act of Mar. 11, 1941; 55 Stat. 31-33. The Soviet Government has thus refused to accept the very princi- dly ples on which it insists and upon which the settlement with the British Government was based. The Government of the United States must, Tied therefore, reject the contention of the Soviet Government that its offer fully conforms to the British settlement. The Soviet Government, on the basis of its own principles, has offered to pay to the Government of the United States a "global" sum first in the amount of $170 million, later increased to $200 million and more recently has made an offer of $240 million stated by Soviet no only representatives to be "final”. The Soviet Government proposes that payment of this sum should be made over a period of 50 years with 10 interest at 2 percent per annum, but with payment of interest and principal beginning five years after the conclusion of the agreement. The Government of the United States considers the amount and terms of the offer of the Soviet Government to be inadequate and unreason- ates able. In these circumstances the Government of the United States must point out that four years of direct negotiations between our two Gov- ernments have yielded little progress toward a settlement of this issue. Therefore, in order to achieve a solution satisfactory to both sides, the t of Government of the United States proposes that there be submitted to an arbitral panel consisting of three members, one each to be appointed by the Government of the United States and of the Union of Soviet Socialist Republics and a third member to be appointed by the Presi- dent of the International Court of Justice, the question of what would be fair and reasonable terms of financial settlement by the Soviet tbe Government for the lend-lease articles having civilian utility, except ships, which were not lost, destroyed or consumed during the war and are not returned to the United States. The Government of the United States expresses its hope that the Government of the Union of Soviet Socialist Republics will agree to treat the decision of such an arbitral panel on this question as binding upon both Governments and will accept this proposal as a practical means of reaching final agreement on this issue.' skel 54. NOTE FROM THE SECRETARY OF STATE TO THE SOVIET AMBASSADOR AT WASHINGTON, JANUARY 7, 1952 3 EXCELLENCY: I have the honor to refer to your Government's Note No. 71 of August 21, 1951 + concerning the request of the Hory to the United States naval, military and merchant vessels loaned to tort your Government under the Lend-Lease Act 5 and the Master Lend- the dent which I II - the JOSE- ttle em the he the le Paris ted th 3 sta 2048 AMERICAN FOREIGN POLICY, 1950-1955 lend-lease procedures and remain the property of the Government of Lease Agreement of June 11, 1942. I also have the honor to rele to your Government's note No. 73 of August 28, 1951 ? concerning the proposal of the Government of the United States that the questio) cu of the determination of a fair and reasonable lend-lease financial a settlement be submitted to arbitration. b In the latter note your Government rejects the proposal of them Government of the United States that the question of a satisfactor financial settlement be submitted to arbitration. In addition il o verbal proposal of $300 million was made by the Soviet representative o on August 24, 1951. It was indicated at that time that the Gover m ment of the United States considers this amount as far from fair and ti reasonable compensation for lend-lease articles of the United States which remained in Soviet custody at the end of the year. Furthe to more, in your note of August 21, 1951, your Government again ind th cates that it does not intend to meet its obligation to return the lend lease vessels as requested by the President of the United States. G Instead your Government continues to evade this obligation, which m is clearly and specifically stated in Article V of the Lend-Leas Agreement of June 11, 1942, to return lend-lease articles as requested to by the President of the United States. In attempting to justify evasion of this obligation your Government refers to “understandings" u relating to the sale of some of the vessels. d These so-called “understandings,” however, were offers made long LE ago by the Government of the United States which were explicit conditioned upon the prompt conclusion of a mutually satisfactory T over-all lend-lease settlement. This condition was not met by you S Government. Therefore, the Government of the United States, fa acting within its legal rights and in full accord with the terms of the su Lend-Lease Agreement of June 11, 1942, informed representatives en the Soviet Government on January 27, 1951,3 that all of the lead . lease vessels which were loaned to the Soviet Government under the United States, are of use to the Government of the United States : and, at the same time, the return of these vessels to the United Statá was requested in accordance with Article V of the Lend-Lease Agrek ment of June 11, 1942. Moreover, on the same date representative of the Soviet Government were informed that the previous conditional offers by the Government of the United States to sell some of the vessels had long since lapsed and that none of the vessels were a val able for sale to the Soviet Government. On February 7, 1951 , the Government of the United States confirmed in a note its request for the return of all the lend-lease vessels. re CC · Executive Agreement Series 253; 56 Stat. 1500. 2 Department of State Bulletin, Jan. 21, 1952, pp. 88–89. 8 See supra, doc. 51. THE SOVIET UNION 2049 atas refer It is to be noted that on October 12, 1948, the Government of the United States demanded the return to the United States of 186 naval tio craft in addition to 3 icebreakers and 28 frigates. These 186 vessels iciall at no time had been offered for sale to the Soviet Government on any basis. Even in this instance the Soviet Government has refused to the meet its obligation. tory It is the view of the Government of the United States that the return ni of all lend-lease vessels is essential to the conclusion of a satisfactory tim over-all lend-lease settlement. It is also the view of this Govern- ein- ment that the Soviet Government is clearly in default on its obliga- and tions by not returning these vessels to the United States. If the Soviet Government remains unwilling to return these vessels her to the United States, the Government of the United States suggests nd that the question be resolved by submission of the matter to the Inter- end national Court of Justice for adjudication. For that purpose, the ute Government of the United States proposes that the Soviet Govern- hich ment join with it in submitting the following question to the Court pe with the understanding that both Governments will be governed by sted the Court's decision. its Does the failure of the Soviet Government to return lend-lease vessels to the United States, as requested by the Government of the United States, constitute a default by the Soviet Government in its obligation under Article V of the Master long Lend-Lease Agreement of June 11, 1942, to return lend-lease articles when so citus requested ? 107 The Government of the United States therefore requests that the Soviet Government immediately make the necessary arrangements ute for the return of the lend-lease vessels as requested or agree to the the submission of the question of the vessels as stated above to the Inter- sd national Court of Justice for adjudication. Accept, Excellency, the renewed assurances of my highest orang 2nd ider consideration. tol tes : ates Tet 1 In a note not printed. IPAS ona! the 781 the USSIT 415900_-57-Vol. 2-28 ; 55. TABULAR DATA RELEASED BY THE DEPARTMENT OF STATE, APRIL 24, 1952 1 TABLE I.-- Information on merchant vessels transferred to the U.S.S.R. under lend-lease Type Re- turned prior to VJ- day Trans- Value 1 ferred Value 1 In Lost Soviet prior Value 1 custody Value 1 to VJ- on VJ day day Re- Pres- turned ently subse- / Value 1 in Value 1 quent Soviet to VJ- custody day 38 3 1, 729 1, 729 36 3 62, 229 War-built Liberty ships, dry cargo Liberty tankers. T-2 tankers War-built tugs Prewar-built ships, dry cargo Prewar-built tankers Prewar-built tug 65, 686 5, 186 16,000 1, 235 28, 728 8, 946 140 2 60 12 1 1 0 0 0 10 10 0 1 0 0 0 2 1 0 3 5, 186 2 5 16,000 0 3 1 500 62, 229 5, 186 16,000 1, 235 21, 983 863 140 36 0 0 2 47 1 1 2 48 5, 329 7, 295 1, 915 788 1, 235 21, 483 863 140 1 0 Total 121 125, 921 21 (14, 353 4 | 4, 432 96 107, 636 9 21, 686 87 85, 940 1 Cost to the U.S. Government at time of acquisition ($000). 1 broken in half; both halves salvaged and returned to the United States. s Returned to the United States and transferred to Italy from which country originally seized by the United States in World War II. 1 Department of State Bulletin, June 2, 1952, pp. 880-881. These tables were sent to Sen. William F. Knowland of California with a letter of Apr. 24, 1952, from the Department of State in reply to the Senator's letter of Apr. 10, 1952, in which he had asked for information concerning vessels loaned by the United States to the Soviet Union under the Lend-Lease Aét. The Department's letter concluded, “It is the intention of the Department to continue to press vigorously for the return from the U.S.S.R. of all lend- lease vessels." For the texts of the letters of Apr. 10 and 24, 1952, see ibid., pp. 879-880. The footnotes to the two tables appear in the Bulletin. 2050 THE SOVIET UNION 2051 TABLE II.-Information on Naval and Army watercraft transferred to the U.S.S.R. under lend-lease ; Trans- ferred Value 1 Returned Value 1 NAVAL VESSELS 3 2 27 19, 203 11, 113 . 0 3 28 34 43 78 62 205 19, 203 11, 115 72, 511 34, 152 35, 088 7, 418 53, 807 0 0 • Icebreakers. Frigates Large minesweepers Minesweepers. Large sub chasers Small sub chasers Torpedo boats Landing craft: Infantry Tank Vehicle. Support Mechanized Floating repair ships. River tugs. Pontoon barges Motor launch. Plane personnel boat. 12, 360 2, 765 21 0 0 0 34 . 30 17 2 2 54 4 15 6 1 1 1, 700 2, 504 19, 000 719 11 3 0 0 0 0 0 Total 585 272, 411 30 30, 316 Value 3 Trans- ferred Returned Value 3 ARMY WATERCRAFT Tankers Freight vessel Machine shop barges Crane barges 5, 520 767 9 1 2 17 0 0 0 412 3, 057 Total 29 9, 756 0 1 Lend-lease invoice value ($000), 11 certified as lost. * Cost to the U. 8. Government at point of transfer ($000). 2052 AMERICAN FOREIGN POLICY, 1950-1955 t IF TE VE 56. NOTE FROM THE ACTING SECRETARY OF STATE TO THE SOVIET AMBASSADOR AT WASHINGTON, NOVEM. BER 5, 1952 3 ft EXCELLENCY: I have the honor to refer to Mr. Karavaev's note No. 44 of June 16, 1952 4 concerning the negotiations for & settle- ment of the obligations of the Government of the Union of Soviet S Socialist Republics under the Master Lend-Lease Agreement of June S 11, 1942. In his note of June 16, 1952, Mr. Karavaev expressed the readiness pr of the Soviet Government to return to the United States 186 naval ja craft, the return of which the Government of the United States initially requested in its note of September 3, 1948, and has repeatedly ne- quested since that time. On June 18, 1952, United States lend-lease Go representatives in a meeting with the Soviet lend-lease delegation of proposed the immediate establishment of a working group to arrange A the details of the return of these vessels. The Soviet delegation however, was unwilling to agree to the establishment of such a working me group or otherwise to arrange for the return of the vessels. Thus, Sta the Soviet Government, although formally professing its readiness fai to return these vessels, has not been prepared to take concrete action ty for this purpose. If it is in fact the intention of the Soviet Govern ho ment to return these vessels, the Government of the United States pro desires that it be informed, without further delay, of the dates and re ports of return, or alternatively of the date when Soviet representatives sid will be available to work out with representatives of the Government 19 of the United States the details for the return of the vessels . Go Mr. Karavaev's note also reiterates the desire of the Soviet Gor- ernment to purchase lend-lease merchant vessels and certain of the lend-lease naval craft now in its custody. The Government of the by United States had made its position with respect to lend-lease vessels So clear in its notes of April 6, 1951 6 and January 7, 1952 ? and meetings of the lend-lease delegations of our two Governments sin since January 1951. The offers of the Government of the United Sta States early in the settlement negotiations to sell lend-lease merchant ran vessels and a number of lend-lease naval vessels were expressly cor- ditioned upon the prompt conclusion of a satisfactory over-all lead in lease settlement. When it became unmistakably clear that the pro Soviet Government did not intend to conclude a settlement promptly 1 the Government of the United States in January 1951 withdrew these the offers and requested the return of all lend-lease vessels. That the Soviet Government has consistently avoided the com clusion of a prompt settlement is fully documented in the history a 1 David Bruce. 2 Georgi N. Zaroubin. Department of State Bulletin, Nov. 24, 1952, pp. 819–820. 4 Ibid., pp. 820-821. 5 Text quoted in part in the U.S. note of Apr. 6, 1951; supra, doc. 52. 8 Supra, doc. 52, ? Supra, doc. 54. can 1 1 3 THE SOVIET UNION 2053 the negotiations. A particular example of the attitude of the Soviet Government toward the prompt conclusion of a settlement is its failure to return the 186 vessels which were requested by the Govern- ment of the United States over four years ago and were never offered for sale. This attitude is further exemplified by the refusal of the Soviet Government to resolve the question of a financial settlement through arbitration as proposed by the Government of the United States in its note of April 27, 1951 1 and also by the refusal of the Soviet Government to submit the question of the return of lend-lease vessels to the International Court of Justice for adjudication, as proposed by the Government of the United States in its note of January 7, 1952. Since the Soviet Government has not only failed to return the Vessels but also has refused to submit the matter to adjudication, the Government of the United States must conclude that it is the intention of the Soviet Government to remain in default of Article V of the Agreement of June 11, 1942. As regards the question of a financial settlement which is also mentioned in Mr. Karavaev's note, the Government of the United States has offered to accept the sum of $800 million which it considers fair and reasonable compensation for the vast quantities of civilian- type lend-lease articles remaining in Soviet custody at the end of hostilities. However, in the interests of achieving a settlement promptly, this Government offered to reduce further the amount requested provided a truly constructive offer was made by the Soviet side. The Government of the United States, in its note of January 7, 1952, has already stated that it considers the latest offer of the Soviet Government of $300 million as far from fair and reasonable compen- sation for the residual lend-lease articles. Furthermore, the Ĝov- ernment of the United States must take into account the fact that by not returning the 186 naval craft and other vessels requested, the Soviet Government is in clear default of the very agreement under which negotiations of a lend-lease settlement have been carried on since April 1947. It is the position of the Government of the United States, therefore, that when the Soviet Government has made ar- rangements to fulfill its obligations under Article V of the Lend-Lease Agreement of June 11, 1942, the Government of the United States the interest of a settlement will be prepared to make further proposals concerning a financial settlement. If it is the serious intention of the Soviet Government to advance the conclusion of a mutually satisfactory settlement agreement, it can do so by returning the lend-lease vessels promptly. : : · Supra, doc. 53. 2054 AMERICAN FOREIGN POLICY, 1950–1955 1953 1 t but that in the interest of achieving a settlement, the Government de the United States was willing to reduce further this amount provide proj 57. AIDE-MÉMOIRE FROM THE DEPARTMENT OF STATE TO THE SOVIET EMBASSY AT WASHINGTON, SEPTEMBER 11 On November 5, 1952 the Acting Secretary of State addressed a note to His Excellency the Ambassador of the Government of the a Union of Soviet Socialist Republics concerning the negotiations fors 1 settlement of the obligations of the Soviet Government under the th Master Lend-Lease Agreement of June 11, 1942. In this note it we w pointed out that although the Soviet Government had expressed is of readiness to return to the United States 186 naval craft, the returnd19 which the Government of the United States initially requested in itam note of September 3, 1948 3 and repeatedly requested thereafter , the se Soviet Government had not been prepared to take any concrete action for this purpose. It was suggested that if it was in fact the intentie U of the Soviet Government to return those vessels, the Government d of the United States should be informed without further delay of the no dates and ports of return, or alternatively of the date when Sori representatives would be available to work out with representative the of the Government of the United States the details for the return d of the vessels. Ag The Acting Secretary's note also reiterated the position of the Go. Um ernment of the United States with respect to the other lend-les le ter vessels remaining in the custody of the Soviet Government. Sta had been made clear in the United States notes of April 6, 19516 e 4g January 7, 19526 and in meetings of the lend-lease delegations of the two Governments since January 1951, the offers of the Government a the United States early in the settlement negotiations to sell lend-les 58 merchant vessels and a number of lend-lease naval craft were expresi conditioned upon the prompt conclusion of a satisfactory lend-less I settlement. When in January 1951 the Soviet Government had mat arrived at a settlement of its lend-lease obligations the Government a H the United States withdrew these offers and requested the return of lend-lease vessels. Furthermore, it had become unmistakably el from the history of the negotiations that the Soviet Government bol obli pub consistently avoided the conclusion of a prompt settlement. With respect to the question of a financial settlement the note of tiny na Acting Secretary recalled that the Government of the United Stall not had offered to accept the sum of $800 million which it considered fix and reasonable compensation for the vast quantities of civilian-17 lend-lease articles remaining in Soviet custody at the end of hostilik that a truly constructive offer were made by the Soviet side. It again emphasized that the United States considered the Soviet of Department of State Bulletin, Jan. 11, 1954, pp. 44-45. was handed to Ambassador Zaroubin by Under Secretary Smith. 2 Supra. 3 Quoted in part in the U.S. note of Apr. 6, 1951; supra, doc. 52. 4 Supra, doc. 52. Supra, doc. 54. Oct init Gor mer the for 1 The aide-mémoins 11 21 31 ! ] 0 1 8 5 THE SOVIET UNION 2055 C100 1 December 15, 1953 at the Department of State to work out the details Department of State Bulletin, Jan. 11, 1954, pp. 45–46. Text quoted in part in U.S. note of Apr. 6, 1951; supra, doc. 52. of $300 million to be far from fair and reasonable compensation for the residual lend-lease articles and it was pointed out furthermore, that the Government of the United States had to take into account the fact that by not returning the 186 naval craft and other vessels requested, the Soviet Government was in clear default of the very agreement under which negotiations have been carried on since April 1947. The note of the Acting Secretary of State affirmed that it is he therefore the position of the Government of the United States that when the Soviet Government has made arrangements to fulfill its i obligations under Article V of the Lend-Lease Agreement of June 11, 1942, the Government of the United States in the interest of a settle- itement, will be prepared to make further proposals concerning a financial the settlement. On March 20, 1953 a further note was sent to the Embassy of the Ein Union of Soviet Socialist Republics inquiring when a reply to the note td of November 5, 1952 might be expected. No replies to either of these the notes have been received by the Government of the United States. viel As His Excellency is aware, more than six years have elapsed since is the beginning on April 30, 1947 of the negotiations for a settlement nd of the obligations of the Soviet Government under the Lend-Lease Agreement of June 11, 1942. Accordingly, the Government of the 40. United States requests that it be advised at an early date of the in- Patentions of the Soviet Government with respect to the return of United States-owned lend-lease vessels as required under Article V of the 21 Agreement of June 11, 1942. the 58. NOTE FROM THE UNDER SECRETARY OF STATE 2 TO THE SOVIET AMBASSADOR AT WASHINGTON,3 NOVEM- BER 24, 19534 EXCELLENCY: I have the honor to refer to your note No. 13 of October 20, 1953 6 concerning the negotiations for a settlement of the obligations of the Government of the Union of Soviet Socialist Re- publics under the Master Lend-Lease Agreement of June 11, 1942. The Government of the United States notes that the Soviet Govern- ment has again stated that it is prepared to return the 186 naval craft initially requested by this Government on September 3, 1948.6 The Government of the United States also notes that the Soviet Govern- ment states it is now willing to discuss the technical arrangements for the transfer of these vessels to the United States. Accordingly, it is proposed that representatives of our two Governments meet on for the return of these vessels to the United States. 260! PASA 2561 cast DO! ito ifal clear f the bas ni idley ofé 1 Not printed. 2014 2 Walter Bedell Smith. : Georgi N. Zaroubin. 6 ., p 2056 AMERICAN FOREIGN POLICY, 1950–1955 eri ca 1953 1 nel retary replied that the Government of the United States favored Embasy The Government of the United States would appreciate being & vised at the earliest possible date whether the above date is acceptable to the Soviet Government. Accept, Excellency, the renewed assurances of my highes consideration. po qu thi 59. AIDE-MÉMOIRE FROM THE DEPARTMENT OF STATE TO ad THE SOVIET EMBASSY AT WASHINGTON, DECEMBER 19. of In its note of November 5, 1952, the Government of the United of States pointed out that the Soviet Government, by its failure to retin five the 186 naval craft and other lend-lease vessels requested by the to United States, was in default of the very agreement under which lent Les lease negotiations have been carried on since April 1947. The Sovie Sot Government was advised that it is therefore the position of the Goven Sta ment of the United States that when the Soviet Government has made Aca arrangements to fulfill its obligations under Article V of the Lent of t Lease Agreement of June 11, 1942, the Government of the United der States in the interest of a settlement, will be prepared to make furtu neg proposals concerning a financial settlement. The Soviet Government in its note of October 20, 1953 agus sho stated that it has agreed to return the 186 naval craft and also statal oft that it is willing to discuss the technical arrangements for the transer of these vesseis to the United States. Accordingly, the United States proposed in its note of November 24, 1953 4 that represents Foll tives of the two Governments meet on December 15, 1953 at de Department of State to work out the details for the return of the 18 naval craft to the United States. His Excellency, the Ambassadi of the Union of Soviet Socialist Republics, replied by note on cember 3, stating that the Soviet Government was in agreemen with the proposal of the Government of the United States to representatives of the two Governments meet on December 15. From these exchanges of correspondence it was the expectation A the Government of the United States that working groups of the te Soy Governments would meet on December 15 to work out the detai for the return of the 186 naval craft to the United States. Howere on December 14, His Excellency advised the Acting Secretary State that the Soviet Government desired to deal simultaneous at t] with all of the issues in the lend-lease negotiations including T return of the 186 naval craft to the United States. The Acting step-by-step approach but nevertheless undertook to consider informed the Department that it was the position of the Soviet Com Department of State Bulletin, Jan. 11, 1954, pp. 46–47. 2 Supra, doc. 56. 3 Department of State Bulletin, Jan. 11, 1954, p. 45. 4 Supra. Department of State Bulletin, Jan. 11, 1954, p. 46. mer Len De con Wou mot * whi Sovi 1951 men craf D fort 11 2 I 31 5 THE SOVIET UNION 2057 cabil . Vam went for the return of the other 148 naval craft. Discussions are continuing on the ports, dates, and procedures 2 Department of State Bulletin, Apr. 12, 1954, p. 563. 3 TIAS 2990; 5 UST 1067. ernment that the meeting scheduled for December 15 should be cancelled. The Government of the United States has carefully considered the ches position of the Soviet Government and has concluded that the various questions should be dealt with on a step-by-step basis. In reaching this conclusion, this Government has been guided by its belief that I adherence to the terms of the Lend-Lease Agreement of June 11, 1 1942 can best contribute to the creation of the mutual understanding necessary to the negotiation of a final lend-lease settlement agreement. With respect to the question of the 186 naval craft, the Government of the United States has taken into account the fact that the return mital of these craft was requested initially on September 3, 1948,' more than etun five the years ago, and that at no time were these vessels offered for sale to lend the Soviet Government. Furthermore, Article V of the Lend- opie Lease Agreement of June 11, 1942 provides unconditionally that the Soviet Government shall return lend-lease articles to the United mad States when requested to do so by the President of the United States. Accordingly the return of lend-lease vessels requested by the President nited of the United States is not an issue for negotiation nor can it be made arthen dependent upon the resolving of other questions in the lend-lease negotiations. It is the position of this Government, therefore, that the first step agar should be the working out of detailed arrangements for the return of the 186 naval craft. In this connection, the United States working group previously designated for this purpose will be prepared to meet at the earliest convenience of the Soviet representatives. Following the working out of such arrangements the two Govern- ments should be prepared to take up the remaining matters under the DA 60. STATEMENT BY THE DEPARTMENT OF STATE, MARCH 26, 1954 2 Agreement was reached on March 26 with representatives of the Soviet Government on the dates and procedures for return to U. S. control of 38 small naval craft loaned to the Soviet Union under the Seal World War II lend-lease program. The 38 craft, consisting of 12 motor torpedo boats and 26 submarine chasers, are to be returned at the port of Istanbul during the months of May and June 1954. Ses These craft are part of a group of 186 naval craft, the return of which the United States first requested on September 3, 1948. The Soviet Government agreed to return the 186 craft on October 20, 1953, and on December 28, 1953, representatives of the two Govern- ments began to work out the necessary details for the return of the I In a note quoted in part in the U.S. note of Apr. 6, 1951; supra, doc. 52. tata nsf! mited ents - t the e 101 sada Lend-Lease Agreement. ment thelt 2nd try etalii } Dust tehen red th asil Gor crait. 2058 AMERICAN FOREIGN POLICY, 1950-1955 Pru Discussions are continuing on the ports, dates, and procedures for 61. STATEMENT BY THE DEPARTMENT OF STATE, H DECEMBER 23, 1954 1 The Soviet Government has agreed on the dates and procedures for the return to U. S. control of 27 small naval craft loaned to the Soviet Union under lend-lease during World War II. The 27 craft consisting of 4 submarine chasers, 8 motor torpedo boats, and 1 landing craft (infantry), are to be turned over to U. S. Navy repre sentatives at the port of Maizuru, Japan, during the months of June and July 1955. have These craft are part of a group of 186 naval craft, the return d me which the United States first requested on September 3, 1948. The of Soviet Government agreed to return the 186 craft on October 20, 198, was and on December 28, 1953, representatives of the two Governmeni, gen began to work out the necessary details for the return of the craft 1 In May and June 38 naval craft, consisting of 12 motor torpedo boal, yea and 26 submarine chasers, were returned to U. S. Navy control de tria the port of Istanbul, Turkey. Discussions are continuing on the ports, dates, and procedures in fail the return of the other 121 naval craft. Jap rep info sen 62. STATEMENT BY THE DEPARTMENT OF STATE, tha MAY 27, 1955 2 hur of On May 26 representatives of the U. S. and Soviet Governments rece signed an agreement on the dates and procedures for the return T U. S. control of 62 small naval craft loaned to the Soviet Union under lend-lease during World War II.3 The 62 craft, consisting of de 6 submarine chasers and 56 motor torpedo boats, are to be turned ore und to U. S. Navy representatives at the port of Kiel, Germany, during Cor the months of July and August 1955. These craft are part of a group of 186 naval craft, the return das ? which the United States first requested on September 3, 1948. 9 tot Soviet Government agreed to return the 186 craft on October 2010 1953. On December 28, 1953, representatives of the two gover by ments began to work out the necessary details for the return of thel, craft. In May and June 1954, 38 naval craft, consisting of 12 motor in a torpedo boats and 26 submarine chasers, were returned to U. S. Nor men control at the port of Istanbul, Turkey. Twenty-seven other crud did consisting of 4 submarine chasers, 8 motor torpedo boats , and deliz landing craft (infantry), are to be returned at the port of Maizun the Japan, during the months of June and July. hav 2 18 the return of the remaining 59 naval craft. Peber pp. 41 1 Department of State Bulletin, Jan. 10, 1955, p. 52. Ibid., June 13, 1955, pp. 969-970. 3 TIAS 3384; 6UST 3825. tran THE SOVIET UNION 2059 Department of State Bulletin, Feb. 13, 1950, p. 244. February 26, 1946–July 10, 1947 (Department of State publication 2888; 1947), transmitted to the Soviet Embassy Jan. 3, 1950. Department of State Bulletin, Jan. 16, 1950, pp. 102-103. The note was H. REPATRIATION OF GERMAN AND JAPANESE PRISONERS OF WAR durs o the craft, 63. STATEMENT BY THE DEPARTMENT OF STATE, dl FEBRUARY 3, 1950 1 epro jue On the afternoon of February 1, 1950, the Soviet Ambassador handed a note? to the Secretary of State proposing the early appoint- moment, in accordance with a Far Eastern Commission policy decision The of. April 3, 1946,3 of a special International Military Court to try as 1948 war criminals the Emperor of Japan and several former Japanese nes generals on charges of crimes against humanity. craft The timing and content of the Soviet note-coming as it did 47% Doel years after the surrender and many months after the war crimes ols trials in Japan had been terminated-strongly suggest that the principal motivation of the note is to divert attention from Soviet s fier failure to repatriate or otherwise explain the fate of over 370,000 Japanese prisoners detained in Soviet-held territory. Following repeated efforts. by General MacArthur's headquarters to obtain information on the fate of these prisoners, the Secretary of State sent a note on December 30, 1949, to the Soviet Ambassador urging that his Government agree to the designation of an international humanitarian organization charged with making a complete survey: of the situation. No reply, not even an acknowledgment, has been nents received to this note. 1. The minutes of the seventh meeting of the Far Eastern Commission man on April 3, 1946, show that the Commission approved the policy gol decision referred to by the Soviet Ambassador with the express over understanding that the directive to be forwarded to the Supreme rief Commander embodying the Far Eastern Commission decision should be so worded as to exempt the Japanese Emperor from indictment mod as & war criminal without direct authorization. Since the directive to the Supreme Commander was so worded, he can accordingly take 2 no action against the Japanese Emperor without a new policy decision er by the Far Eastern Commission. These facts are known to the Soviet Government, which could have introduced a policy proposal in the Far Eastern Commission, otrok in accordance with normal procedure, along the lines of the recom- fa71 mendations contained in its note. That the Soviet Government med did not elect to do so but made these belated charges in a sensation- alized manner raises obvious questions about the real motive behind Activities of the Far Eastern Commission: Report by the Secretary General, uru the Soviet note. for 1 2 Not printed. pp. 97-100. 2060 AMERICAN FOREIGN POLICY, 1950–1955 ml ÅS me int au 82 dec national Cooperation, 1945 to 1952 (Department of State publication 5138; 195) 7 Trial of Japanese War Criminals (Department of State publication 2018 th 64. STATEMENT BY THE FOREIGN MINISTERS OF THE to UNITED STATES, THE UNITED KINGDOM, AND FRANCE E MAY 13, 1950 1 to The three Foreign Ministers have noted with surprise and dee ju concern the Soviet statement of May 4 which declared that then Go patriation of German prisoners of war from the Soviet Union to Ge many has now been completed. They recall the repeated effort made by the three Western Occupation Powers to secure the Sovid Government's compliance with the quadripartite agreement to wa patriate all German prisoners of war by December 31, 1948.3 The Soviet statement stands in sharp contradiction with the fus St that a very large number of German families are still awaiting the return of their relatives taken prisoner of whom they have had direct news during their captivity in the Soviet Union. The Minis ters note furthermore the inconsistencies among the scant daa bil furnished at different times by the Soviet Government concerning ap the numbers, whereabouts and fate of German prisoners of war and the deported civilians. This situation reveals a grave disregard for human rights. It is moreover apparent that this is not an isolated incident since the Soviet Government has also failed to repatriate numerous national Th of German occupied countries taken prisoner during the war as we Po as more than 300,000 Japanese nationals who still remain unaccountal the for in Soviet territory. of The Ministers have agreed that they will take all possible step to obtain information bearing on the fate of prisoners of war an alte civilians not yet repatriated from the Soviet Union and to bring about by repatriation in the largest possible number of cases. to que Go 65. NOTE FROM THE DEPARTMENT OF STATE TO THE PRO to SOVIET EMBASSY AT WASHINGTON, JUNE 8, 1950 € har The Department of State acknowledges the receipt of note No. 1 pla of May 11, 1950 6 from the Embassy of the Union of Soviet Socialis Ple Republics. The note calls attention to Circular No. 5 "Clemeo par for War Criminals" issued by command of General MacArthur a the March 7, 1950. It is alleged that the circular runs counter to be Charter of the International Military Tribunal for the Far East Pau Department of State Bulletin, June 19, 1950, p. 1018. 2 Cf. TASS statement of May 5, 1950; ibid., Sept. 11, 1950, pp. 433-434. 3 Agreement of Apr. 23, 1947; ibid., Jan. 16, 1949, p. 78. 4 Ibid., July 10, 1950, p. 60. 5 Ibid., pp. 60–61. 6 FEC Loc. 314/18. See also The Far Eastern Commission: A Study in love 1946), pp. 39–104. cor im 18 sen Vic 1 cer for 1 Feb pp. p. THE SOVIET UNION 2061 Tiel It tos February 26, 1946-July 10, 1947 (Department of State publication 2888; 1947), the decision of the Far Eastern Commission of April 3, 1946,' relating TH to the apprehension, trial and punishment of war criminals in the Far CE East. The Government of the United States is urged to take measures to have Circular No. 5 revoked. Inasmuch as the matters referred to in the note are within the le jurisdiction of the Far Eastern Commission, the request of the Soviet en Government should have been addressed to the Commission. In this Ga connection the attention of the Soviet Government is called to the coll minutes of the 193d meeting of the Fec, May 18, 1950 2 which contain a statement of the views of the United States on the parole of Japanese war criminals. Nevertheless, as the position of the Soviet Govern- ment is at variance with the views of the Government of the United States, those views are set forth for the Soviet Government's the information. hed The Supreme Commander for the Allied Powers is the sole executive m authority for the Allied Powers in Japan, and as such, has the responsi- data bility for carrying out the judgments of any international courts ning appointed by him. This is specifically recognized by Article 17 of and the Charter of the International Military_Tribunal for the Far East many and by paragraph 5 (b) (1) of the Far Eastern Commission policy decision of April 3, 1946. Since Under Article 17 of the Charter of the International Military a Tribunal for the Far East the Supreme Commander for the Allied prel Powers may "at any time” reduce or otherwise alter a sentence of mtell the Tribunal except to increase its severity and paragraph 5 (b) (2) of the Far Eastern Commission policy decision of April 3, 1946, en confirms that he has the power to approve, reduce or otherwise any sentences,” imposed by any international courts appointed Dolly by him. Whether the Supreme Commander can exercise his power to reduce or otherwise alter a sentence "only while considering the question of the approval of this sentence" as contended in the Soviet Government's note or whether this may be done “at any time” as PET provided by Article 17 of the Charter quoted above is unnecessary to consider at this time as no reductions or alterations in the sentences imposed by the International Military Tribunal for the Far East have been made by the Supreme Commander and none are contem- The Soviet Government is apparently under the impression that paroles such as are provided for by Circular No. 5 are alterations of the sentences imposed by the International Military Tribunal. This A parole is in no sense an alteration of a sentence but permission by the appropriate authority for the con- victed criminal to serve part of his sentence outside of prison under certain conditions and controls and subject to being returned to prison for serving the remainder of the sentence if the conditions of the parole Activities of the Far Eastern Commission: Report by the Secretary General, and alter 1.74 e list plated by him. 2010 L 01 the is fundamental error. 8171 nano 153 pp. 97-100. ここ ​* The Far Eastern Commission: A Study in International Cooperation, p. 198. 2062 AMERICAN FOREIGN POLICY, 1950–1955 ! + 1 COI at 1 are violated. This method of dealing with convicted criminals is il 67 accordance with the practice in enlightened and democratic countriel For the reasons indicated the Government of the United States declines the request of the Soviet Government that it take measure looking to the revocation by the Supreme Commander of his Circus No. 5. Soi ho 66. NOTE FROM THE SECRETARY OF STATE TO THE SOVIE sta CHARGÉ D'AFFAIRES AT WASHINGTON, JUNE 9, 1950 So 9,7 The Secretary of State presents his compliments to the Chair alle d'Affaires ad interim of the Union of Soviet Socialist Republics. det refers to the Secretary's note of December 30, 1949, requesting cooperation of the Soviet Union in the matter of repatriating or other of 1 wise accounting for over 370,000 Japanese nationals who, according to to figures considered reliable, are in areas under Soviet control, deel Gei or alive. The note under reference alluded to the repatriation obligations of the Soviet Union under the Potsdam Declaration of July 26, 1944 of and pointed out that the prolonged detention of prisoners after the reti cessation of hostilities is in patent conflict with accepted internation: ។ concepts of fundamental human rights and freedoms and with human the tarian principles as set forth in the Geneva Convention of 1949 relatin in to the treatment of prisoners of war 4 which was signed by, some sit Ger Powers including the Soviet Union. In the interests of resolving the problem of long-standing concern to the Allied Powers and Japan, pat note specifically requested that the Soviet Government agree to ta agr designation of an international humanitarian body or organization pro charged with making a complete first-hand survey of the situation A 194 a view to obtaining exact information on Japanese held in Soviet T since the cessation of hostilities. The Embassy is reminded that the note under reference has ne agre been answered or acknowledged, directly or indirectly, since its di of I livery over five months ago and that an early indication of the reaction ado of the Soviet Government to the United States Government's propesi still would be appreciated." spo con mer rem 1 Department of State Bulletin, Aug. 14, 1950, p. 257. 2 Ibid., Jan. 16, 1950, pp. 102-103. 3 A Decade of American Foreign Policy, pp. 49–50: The Soviet Union; ip mer declaration of war against Japan, Aug. 8,1945, **"joined in the declaration of le Allied Powers of July 26.”! 4 Geneva Conventions of August 12, 1949, for the Protection of War Vilipe See Soviet repiye Fujuiya ti6, 1950; Department of State Bulletin , Sept. i serem 1950, p. 435. 3 Ann 5 8 t Ann . 78 publ 8 THE SOVIET UNION 2063 publication 3556; 1950), pp. 119 ff. gw others ording agreement of April 1947.7 On January 24, 1949, the Soviet Minister Department of State Bulletin, July 24, 1950, pp. 132-133. French Embassies also sent notes to the Soviet Government. * Reprinted in Annex V, U.N. General Assembly, Official Records, Fifth Session Annetes, Agenda Item 67 (A/1339). 5 See Bundestag resolution of May 5, 1950; ibid., Sept. 11, 1950, p. 434. Anneces, Agenda Item 6Y (A/1339). . ? See Germany, 1947-1949 The Story in Documents (Department of State $ 151 67. NOTE FROM THE AMERICAN AMBASSADOR AT nkriege MOSCOW TO THE SOVIET FOREIGN MINISTER,” JULY 14, Statel 19503 asu roule The Ambassador of the United States of America presents his compliments to the Minister of Foreign Affairs of the Union of Soviet Socialist Republics and on instructions from his Government has the VTC honor to refer to the Soviet press announcement of May 5, 1950,4 30! stating that the repatriation of German prisoners of war from the Soviet Union to Germany has been completed with the exception of 9,717 persons convicted of grave war crimes, 3,815 persons whose hare alleged war crimes are in the process of investigation, and 14 persons 5.4 detained owing to illness. The Government of the United States shares the shock and concern of the German people • over this public announcement, and is unable to give credence to the Soviet statement that there are only 13,546 den German prisoners of war in its custody. These figures are completely at variance with the information in the possession of the Government onsd of the United States, showing that large numbers of German prisoners 1946 of war known to have been in the Soviet custody have not yet been returned to their homes. The Soviet Government is again informed that, in accordance with the agreement reached by the Council of Foreign Ministers at Moscow atitit in April 1947 for the repatriation before December 31, 1948, of all sin German prisoners of war in the custody of the four occupying powers, the United States, the United Kingdom, and France did in fact re- patriate all Germán prisoners of war in their custody prior to the agreed date. The United States, on its part, actually completed its program of repatriation of German prisoners of war as early as June 30, The Government of the Soviet Union has repeatedly failed to re- spond to requests for pertinent information of its actions under the 3 de of Foreign Affairs, in acknowledging receipt of one of these inquiries, admitted that an unspecified number of German prisoners of war were still held in Soviet custody, failing however to furnish any information concerning them, but stating unequivocally that the Soviet Govern ment would complete the repatriation of German prisoners of war remaining in its custody during 1949. It is clear from the announce- ment of May 5, 1950, that the Soviet Government has failed to honor The British and 1 CIONS 6 3, the o the ಇta09 with. area 1947. 10. tion 11 1 Adm. Alan G. Kirk. ? Andrei Y. Vyshinsky. 6 & Ibid., pp. 122–123. 2064 AMERICAN FOREIGN POLICY, 1950–1955 ap } 1 1 In concerning itself at this time with the question of Germai ove and broken specific commitments, the Government of the Unite pro States does not overlook the equally disturbing parallel situatia this commitment just as it has failed to honor its earlier commitmed tal of April 1947. In this connection, the Government of the Unite as States desires to make it plain that the arbitrary reclassification in the Soviet Government of prisoners of war as civilians would not, pre course, have the effect of relieving the Soviet Government of its oblig me tion to return these persons to their homes and families. By its delay in repatriating these German prisoners of war, and by its repeated refusal to furnish information concerning them, the Sori Government has caused suffering and anxiety for large numbers d 68 prisoners of war in the Soviet custody and their relatives and friend and has demonstrated a complete disregard for the fundamenta human rights of the unfortunate persons concerned. The Soria Government alone has the power to mitigate this suffering, and i could do so by taking the following steps: (1) Furnish full information on the identification of the 9,7 (A persons alleged to have been convicted of grave war crimes, the 3,8% Re persons whose alleged war crimes are in the process of investigation, det and the 14 persons said to be under treatment for illness, who are still the retained by the Soviet Union as stated in the Soviet announcemento tio May 5. This information would include the present location at treatment of these persons, data on the sentences imposed on thos said to have been convicted of war crimes, and the status of the the investigations pending, as well as information with respect to measura taken by the Soviet Government to ensure the right of these prisones pri les of war to correspond with their families in Germany. (2) In accordance with the Geneva Convention of July 27, 1929 to which the Soviet Union is a party, to provide information on the number, identity, date of death and place of burial of prisoners of we pas and civilian internees who have died in captivity in the Soviet Uniol Mi bet or in transit. Po (3) Permit investigation in the Soviet Union by an impartial inter 1, national body in order that the actual fate of the prisoners of me known to have been in Soviet custody may be ascertained. For this M purpose, the Government of the United States suggests the appon ment of an ad hoc commission designated by the United Nations, de tio group composed of representatives of the four powers now occupy fac Germany, or representatives of neutral powers, or any other componen mutually acceptable. It is noted in this connection that the Unite 103 ati States, the United Kingdom, and France, at the time when they had German prisoners of war in their custody, furnished full informi tion concerning them to the interested parties, and permitted full of impartial access to the prisoners of war by international agencies . prisoners of war, a question on which the Soviet Government has ma concerning the Soviet failure to repatriate, or to account for numerous nationals of the German-occupied countries who mam lar ret stil exe 1 the P. 2 Iter this 1 Treaty Series 846; 47 Stat. 2021. THE SOVIET UNION 2065 on by 1 sti and those sura onen mele taken prisoners during the war, or who were brought to the U.S.S.R. nital as civilian internees. Information concerning the action which the Soviet Government is ot , prepared to take on this matter would be welcomed by the Govern- blig) ment of the United States, which would be willing to cooperate in any appropriate way. adhi OVIH Ts ( 68. LETTER FROM THE DELEGATIONS OF THE UNITED end STATES, THE UNITED KINGDOM, AND AUSTRALIA TO senta THE SECRETARY-GENERAL OF THE UNITED NATIONS, BOTH AUGUST 25, 1950 2 ndi We have the honour to refer to our telegram of 20 August 1950 9,7 (A/1327), submitting the item "Failure of the Union of Soviet Socialist 38 Republics to repatriate or otherwise account for prisoners of war tion detained in Soviet territory” to be placed on the provisional agenda of the fifth session of the General Assembly. The explanatory memorandum, referred to in the above-men- tioned telegram, follows: At the end of hostilities in Europe and in the Far East in 1945, the large numbers of military personnel of various nationalities were in the hands of the Allied Powers. The prompt repatriation of these prisoners was demanded by accepted international practice and no less by the elementary principles of humanity. 9. The Allied Powers clearly recognized at the outset this responsibility at and entered into agreements to repatriate prisoners of war (see me paragraph 9 of the Potsdam Proclamation of 26 July 1945; the Foreign Ministers Agreement in Moscow of 23 April 1947; the Agreement between the U.S.S.R. and the Supreme Commander for the Allied nter i Powers in Japan of 19 December 1946, which are reproduced in annexes thi The Soviet Union has not complied fully with these agreements. Moreover, the other governments concerned have on various occasions requested the U.S.S.R. to furnish information concerning its repatria- tion programmes and have even in certain cases offered transportation facilities for repatriation. However, on 22 April 1950 and 5 May 1950, TASS announced that the U.S.'S. R. had completed the repatri- ation of all Japanese and German prisoners of war from its territories mobexcept for detained in connexion with war crimes or on account of illness (see annexes IV and V): Evidence exists to show that these statements are not true. More- over , the Japanese Diet on 2 May 1950 and the Bundestag of the Federal German Government on 5 May 1950 adopted resolutions protesting these announcements and appealing for every possible See Soviet note of Sept. 30, 1950; Department of State Bulletin, Nov. 20, 1950, UN General Assembly, Official Records, Fifth Session, Annexes, Agenda Hem 67 (A/1339), p. 2. The annexes to the tripartite letter are not included in this compilation; for texts, see ibid., pp. 3-9. t nion I, II and III). 972! Oink VYLE TOU stil persons and/ mau Nach tion the p. 817. per 415900_-57---Pol. 2 -27 2066 AMERICAN FOREIGN POLICY, 1950–1955 assistance to bring about an early settlement of the problem annexes VI and VII). On the basis of the evidence of Soviet non-compliance, government having control responsibility in Germany and Japan have on varios occasions stated to the Soviet Government their inability to gia credence to the TASS announcements, and have requested it to a to the designation of an international humanitarian body or organiz tion which should make a thorough examination of the repatriatu programme at first hand (see annexes VIII, IX, and X) Since all these efforts have been without avail, the Governments Australia, the United Kingdom and the United States now consi it essential to place the matter before the General Assembly unde Articles 10, 14, and 1, paragraph 3, of the Charter. The ture Governments hope that the General Assembly will consider meas whereby full information on all these persons may be obtained and te repatriation of all those now living may be secured. Further documents will be supplied later. E A 1 1. 1 See also U.N. General Assembly Res. 427 (V), Dec. 14, 1950; General Asser bly, Official Records, Fifth Session, Supplement No. 20 (A/1755), p. 45, establishin the Ad Hoc Commission on Prisoners of War; the report of Sept. 12, 1952, byť Commission (supra, pp. 269-271); and General Assembly Res. 741 (VIII), Dec. 1953 (supra, pp. 271-272). COI wh tis ser im pa go mu do TI WO for of an Wh ng OW of асс for 1 2 8 on ment rarion gia ag aniz riata Part XII EASTERN EUROPEAN COMMUNIST REGIMES AND THE BALTIC STATES ents inside unde thom men nder A. GENERAL Basic United States Policy Asser olishia był Dec. 1. STATEMENT BY THE SECRETARY OF STATE AT A NEWS CONFERENCE, FEBRUARY 24, 1950 1 Their I should like to say a few words about our relations with certain countries of Eastern Europe, particularly Bulgaria and Hungary, which have been highlighted by the events of the past week. The conduct of the Bulgarian Government has given us no alterna- tive but to suspend diplomatic relations with that country. The sentencing by a Hungarian court of an American citizen to 15 years' imprisonment on false charges without a fair trial 3 is part of a general pattern common to all those countries which now have Communist governments and are closely tied to the Soviet Union. This pattern must now be absolutely clear to even the most casual observer. The principal purpose behind what these governments have been doing is plainly to make the so-called iron curtain impenetrable. purpose is to cut off the people of Eastern Europe from the free world, to deprive them of all hope of any other fate than that reserved for them by their present rulers, and to liquidate all signs and symbols of Western influence to the accompaniment of a flood of propaganda and denunciation of "spies," "warmongers," and the other familiar In pursuit of their aims, the present Communist rulers of these nations have ruthlessly used the power of the state to frighten their own populations and to take action against the diplomats and citizens of other countries wholly contrary to the rules and standards long accepted in relations between nations. The Communist leaders do not seem to comprehend our concern for the rights of individuals. They regard our attempts to defend Department of State Bulletin, Mar. 6, 1950, pp. 377–378. See the U. S. note of Feb. 20, 1950; infra, pp. 2091–2093. * See the U. S. note of Feb. 1, '1950; 'infra, pp. 2117-2119. whipping boys. 2067 2068 AMERICAN FOREIGN POLICY, 1950–1955 1 Treaties of Feb. 1C, 1947 (TIAS 1649–1651 (61 Stat., pt. 2, pp. 1757-2229) SUI 1 to 1 to take in order to meet the situation created by the unprinciple This country will maintain u such rights and to give to persecuted individuals what protection 2. appropriately can give them as evidence of hostility and of interver tion in their internal affairs. But here we are dealing with funds mentals of human and political behavior. It is the purpose of te Ra Government and of the American people to promote respect is in human rights. That is why we have vigorously supported the prora sions of the United Nations Charter and of the peace treaties a spi this subject and attempted to make them as effective as possible It is notable that the Governments of Bulgaria, Hungary , a Rumania, besides making it increasingly difficult for the United States fre to maintain diplomatic missions and virtually impossible to give a s protection to American citizens and American interests, have al gro systematically denied human rights and fundamental freedoms their own peoples in flagrant violation of the provisions of the peace trit treaties. The countries of Eastern Europe claim to be sovereign nations i equal members of the international community. The United State we has treated them as such, for these nations have had independene mu in the past and have a right to it. We have wished and still wish tour maintain normal relations with them regardless of differences i political philosophies and institutions. We have wished especial heli to maintain our ties of friendship with the peoples of Eastern Europe Iroj with whose welfare and freedom the American people are naturally 80 very deeply concerned. On the other hand, states which claim to be sovereign member to of the international community must act the part. Their govem ments must observe accepted standards in their relations with to rest of the world, and they must maintain the attributes of indie pendence. T With regard to Bulgaria and Hungary, whose recent flagrant ai tha have brought their relations with the United States to the lower I point since the war, it is well to remember that a few short years I di these states were allies of Nazi Germany. It was the intention peo the Allied Powers, in proceeding rapidly to the conclusion of per effe treaties with them, to give them a full opportunity to take the I place again in the family of nations. Their present rulers, in a regard of the wishes of their peoples, seem bent on rejecting to crit opportunity. I should like to repeat that we do not regard the people of Easter by Europe as responsible for the deterioration of our relations with tax governments, and the measures which the United States is compelle actions of those governments are in no sense directed against people, who after their experience with Nazi rule had every right diminished its concern for their rights and their welfare. forg cou star can vict. 1 mad in su Four EASTERN EUROPEAN COMMUNIST REGIMES 2069 91 1 e alle ms is all ces ciali On 2. STATEMENT BY THE PRESIDENT, FEBRUARY 8, 1955 erven und I am happy to be with you tonight for I strongly believe that ft Radio Free Europe and the Crusade for Freedom are vital to success ct l, in the battle for men's minds. PION Many of us learned during the war that the most potent force is es ut spiritual; that the appeal to men's minds produces a dedication which ssib! surmounts every trial and test until victory is won. To toughen, strengthen, fortify such dedication to the cause of Stel freedom is the mission of Radio Free Europe. Substantial progress has already been made. The free world is 2.21 growing stronger because its peoples are growing in their determination to stand together and in their faith that freedom and justice will pear triumph. Radio Free Europe, each day of the year, nourishes this growth. Here at home, we Americans face the future with confidence. But Statel we must also face up to the dangers that still lurk about us. We da must ever work to strengthen our posture of defense and to reinforce ish our alliances and friendships in the free world. While we maintain ourº vigilance at home and abroad, we must help intensify the will for freedom in the satellite countries behind the Uncat Iron Curtain. These countries are in the Soviet backyard, and only und so long as their people are reminded that the outside world has not forgotten them--only that long do they remain as potential deterrents The great majority of the 70 million captives in these satellite countries have known liberty in the past. They now need our con- stant friendship and help if they are to believe in their future. Therefore, the mission of Radio Free Europe merits greater support tant than before. It serves our national security and the cause of peace. op. I have long given the Crusade for Freedom my strong endorsement. 15 aly I did that because I am familiar with its purposes, its operations, the people who run it, and, perhaps, most important, its hard-hitting effectiveness as an independent American enterprise. I know that our country and our friends behind the Iron Curtain can count on you for active participation and leadership in this most critical of all battles-the winning of men's minds. Without this victory, we can have no other victories. By your efforts, backed up by America, we can achieve our great goal that of enabling us and all the peoples of the world to enjoy in peace the blessings of freedom. Department of State Bulletin, Feb. 21, 1955, p. 295. The statement was made by closed-circuit television to meetings held throughout the United States bele ho support of Radio Free Europe, under the auspices of the American Heritage mbay to Soviet aggression. OTOMI h the inde ON O pear thes I di thull Pelik! 29 1950 1 Whereas the General Assembly, at the second part of its Third 1 Department of State Bulletin, Jan. 16, 1950, p. 97. The American Legations Ministries. The United States sent copies of all notes to the U.N. Secretari: Oct. 22, 1949; A Decade of American Foreign Policy, pp. 1173–1175. Cand and the United Kingdom sent similar notes to Bulgaria, Hungary, and Rumani, 2070 AMERICAN FOREIGN POLICY, 1950–1955 Interpretation of the Human Rights Clauses of the Peace Treaties With Bulgaria, Hungary, and Rumania 3. NOTE FROM THE AMERICAN LEGATION AT BUCHAREST TO THE RUMANIAN FOREIGN MINISTRY, JANUARY The Legation of the United States of America presents its compi- ments to the Ministry of Foreign Affairs of Rumania and has the honor to refer to the Legation's note of August 1, 1949 2 asking the Rumanian Government to join the United States Government i naming a Commission, in accordance with Article 38 of the Treaty dl Peace, to settle the dispute which has arisen over the interpretation and execution of Article 3 of the Treaty. Reference is also made to the Ministry's note of September 2, 1949 4 and to the Legation's not of September 19, 1949 5 on the same subject. The Legation has the honor to inform the Ministry that the United States Government has designated Mr. Edwin D. Dickinson as it representative on the proposed Commission. It is requested the the Rumanian Government designate its representative forthwith and enter into consultation immediately with the United States Govern- ment through the American Minister in Bucharest, with a view to the appointment of the third member of the Commission as stipulated is Article 38 of the Peace Treaty. 4. ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE, MARCH 30 1950 (Excerpts) 6 On October 22nd, 1949, the General Assembly of the United Nations adopted the following Resolution: "Whereas the United Nations, pursuant to Article 55 of the Charter, shall promote universal' respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Regular Session, considered the question of the observance ! 2 Department of State Bulletin, Aug. 15, 1949, p. 238. 8 Treaty of Feb. 10, 1947; TIAS 1649 (61 Stat., pt. 2, p. 1757). 4 Summarized in Department of State Bulletin, Sept.'26, 1949, p. 456. 5 Ibid., Oct. 3, 1949, pp. 514-515. * International Court of Justice Reports, 1950, pp. 66–78. ? Resolution 294 (IV); A Decade of American Foreign Policy, pp. 1173–1175. 7 1 EASTERN EUROPEAN COMMUNIST REGIMES 2071 le to ? Treaty of Feb. 10, 1947; TIAS 1650 (61 Stat., pt. 2, p. 1915). 3 Treaty of Feb. 10, 1947; TIAS 1651 (61 Stat., pt. 2, p. 2065). the Bulgaria and Hungary of human rights and fundamental free- unig doms, Whereas the General Assembly, on 30 April 1949, adopted Resolution 272 (III) concerning this question in which it ex- pressed its deep concern at the grave accusations made against EST the Governments of Bulgaria and Hungary regarding the suppres- sion of human rights and fundamental freedoms in those coun- tries; noted with satisfaction that steps had been taken by several States signatories to the Treaties of Peace with Bulgaria 2 and apli Hungary : regarding these accusations; expressed the hope that the measures would be diligently applied, in accordance with the the Treaties, in order to ensure respect for human rights and funda- ti mental freedoms; and most urgently drew the attention of the yo ! Governments of Bulgaria and Hungary to their obligations under ution the Peace Treaties, including the obligation to co-operate in the settlement of the question, mote Whereas the General Assembly has resolved to consider also at the Fourth Regular Session the question of the observance nited in Romania of human rights and fundamental freedoms, s its Whereas certain of the Allied and Associated Powers signatories that to the Treaties of Peace with Bulgaria, Hungary and Romania and have charged the Governments of those countries with violations of the Treaties of Peace and have called upon those Governments o the to take remedial measures, din Whereas the Governments of Bulgaria, Hungary and Romania have rejected the charges of Treaty violations, Whereas the Governments of the Allied and Associated Powers concerned have sought unsuccessfully to refer the question of Treaty violations to the Heads of Mission in Sofia, Budapest and OF Bucharest, in pursuance of certain provisions in the Treaties Whereas the Governments of these Allied and Associated Powers have called upon the Governments of Bulgaria, Hungary and Romania to join in appointing Commissions pursuant to the provisions of the respective Treaties of Peace for the settlement of disputes concerning the interpretation or execution of these Whereas the Governments of Bulgaria, Hungary and Romania have refused to appoint their representatives to the Treaty Com- missions, maintaining that they were under no legal obligation Whereas the Secretary-General of the United Nations is author- ized by the Treaties of Peace, upon request by either party to a dispute, to appoint the third member of a Treaty Commission A Decade of American Foreign Policy, pp. 1170–1171. 4 of Peace, ited the 301 tion Treaties, 6 hird II to do so, JOL reig IV. jadi • Ibid., pp. 1165-1170. * See the U.S. note of Jan. 5, 1950; supra, doc. 3. 2072 AMERICAN FOREIGN POLICY, 1950-1955 party is obligated to appoint a representative to provisions for the appointment of their represents the Secretary-General has so advised the International III. If one party fails to appoint a representative to with Bulgaria, Hungary and Romania where that if the parties fail to agree upon the appointment of the thir member, Whereas it is important for the Secretary-General to be advise authoritatively concerning the scope of his authority under the Treaties of Peace, The General Assembly 1. Expresses its continuing interest in and its increased concr at the grave accusations made against Bulgaria, Hungary a Romania; 2. Records its opinion that the refusal of the Governments d Bulgaria, Hungary and Romania to co-operate in its efforts to examine the grave charges with regard to the observance human rights and fundamental freedoms justifies this concern d the General Assembly about the state of affairs prevailing i Bulgaria, Hungary and Romania in this respect; 3. Decides to submit the following questions to the Inter- national Court of Justice for an advisory opinion: 'I. Do the diplomatic exchanges between Bulgari Hungary and Romania, on the one hand, and certas Allied and Associated Powers signatories to the Treaties of Peace, on the other, concerning the in plementation of Article 2 of the Treaties will Bulgaria and Hungary and Article 3 of the Treaty with Romania, disclose disputes subject to the pra visions for the settlement of disputes containe in Article 36 of the Treaty of Peace with Bulgazi of Article 40 of the Treaty of Peace with Hungary and Article 38 of the Treaty of Peace wild Romania?' In the event of an affirmative reply to question I: H 'II. Are the Governments of Bulgaria, Hungary any Romania obligated to carry out the provisions & the articles referred to in question I, including to WA tives to the Treaty Commissions?' In the event of an affirmative reply to question II and i tern within thirty days from the date when the Court de Cc livers its opinion, the Governments concerned have a notified the Secretary-General that they have appointe una their representatives to the Treaty Commissions, fro 19 Court of Justice: thi Treaty Commission under the Treaties of Peace an pr in WI me WE wi an EASTERN EUROPEAN COMMUNIST REGIMES 2073 cer And tso ts to TD nter anni rtain the im aith eat! Pro Hungary and Romania of having violated the provisions of the thin the Treaty Commission, is the Secretary-General of the United Nations authorized to appoint the third member of the Commission upon the request vised I the of the other party to a dispute according to the provisions of the respective Treaties?' In the event of an affirmative reply to question III: 'IV. Would a Treaty Commission composed of a repre- sentative of one party and a third member ap- pointed by the Secretary-General of the United Nations constitute a Commission, within the meaning of the relevant Treaty articles, competent to make a definitive and binding decision in settlement of a dispute?' go 4. Requests the Secretary-General to make available to the International Court of Justice the relevant exchanges of diplo- matic correspondence communicated to the Secretary-General for circulation to the Members of the United Nations and the records of the General Assembly proceedings on this question; 5. Decides to retain on the agenda of the Fifth Regular Session of the General Assembly the question of the observance of human rights and fundamental freedoms in Bulgaria, Hungary and Romania, with a view to ensuring that the charges are appro- priately examined and dealt with.” In conformity with the Resolution of the General Assembly of October 22nd, 1949, the Court is at present called upon to give an Opinion only on Questions I and II set forth in that Resolution. The power of the Court to exercise its advisory function in the present case has been contested by the Governments of Bulgaria, Hungary and Romania, and also by several other Governments, in the communications which they have addressed to the Court. This objection is founded mainly on two arguments. the It is contended that the Request for an Opinion was an action ultra vires on the part of the General Assembly because, in dealing with the question of the observance of human rights and funda- mental freedoms in the three States mentioned above, it was "inter- fering” or “intervening” in matters essentially within the domestic de jurisdiction of States. This contention against the exercise by the Hill Court of its advisory function seems thus to be based on the alleged to incompetence of the General Assembly itself, an incompetence deduced from Article 2, paragraph 7, of the Charter. The terms of the General Assembly's Resolution of October 22nd, 1949, considered as a whole and in its separate parts, show that this argument is based on a misunderstanding. When the vote was taken on this Resolution, the General Assembly was faced with a situation arising out of the charges made by certain Allied and Associated Powers, against the Governments of Bulgaria, ined TIX HIT 801 so QTS and! for hall to 2074 AMERICAN FOREIGN POLICY, 1950–1955 en art This objection reveals a confusion between the principles governing contentious procedure and those which are applicable to Advisory die The consent of States, parties to a dispute, is the basis of the Courti Peace Treaties concerning the observance of human rights alto fundamental freedoms. For the purposes of the present Opiniere it suffices to note that the General Assembly justified the adoptie. Ce of its Resolution by stating that "the United Nations, pursuar bi to Article 55 of the Charter, shall promote universal respect to Ui and observance of human rights and fundamental freedoms fowl all without distinction as to race, sex, language or religion". The Court is not called upon to deal with the charges brough. Op before the General Assembly since the Questions put to the Cow to relate neither to the alleged violations of the provisions of the Treatie N concerning human rights and fundamental freedoms nor to the tio interpretation of the articles relating to these matters. The objes of the Request is much more limited. It is directed solely to obtai: ing from the Court certain clarifications of a legal nature regardiz the applicability of the procedure for the settlement of disputes bi the Commissions provided for in the express terms of Article 3 of the Treaty with Bulgaria, Article 40 of the Treaty with Hungar and Article 38 of the Treaty with Romania. The interpretation thi the terms of a treaty for this purpose could not be considered 2 Bu question essentially within the domestic jurisdiction of a State th It is a question of international law which, by its very nature, lix within the competence of the Court. jec These considerations also suffice to dispose of the objection based do on the principle of domestic jurisdiction and directed specifically against the competence of the Court, namely, that the Court , as a organ of the United Nations, is bound to observe the provisions d of the Charter, including Article 2, paragraph 7. The same considerations furnish an answer to the objection that the hu advisory procedure before the Court would take the place of the procedure instituted by the Peace Treaties for the settlement el disputes. So far from placing an obstacle in the way of the latte procedure, the object of this Request is to facilitate it by seeking information for the General Assembly as to its applicability to the ing circumstances of the present case. tre It thus appears that these objections to the Court's competene to give the Advisory Opinion which has been requested are ill-foundal and cannot be upheld. Another argument that has been invoked against the power of the Court to answer the Questions put to it in this case is based on opposition of the Governments of Bulgaria, Hungary and Romani to the advisory procedure. The Court cannot, it is said, give 1a Advisory Opinion requested without violating the well-established principle of international law according to which no judicial pri sp ceedings relating to a legal question pending between States can place without their consent. TE Opinions. ac jurisdiction in contentious cases. The situation is different in regia w sui vid ca Cat me mi to tai ex or wi EASTERN EUROPEAN COMMUNIST REGIMES 2075 ODO 981 I ase। cally 188 accused of violations of the Peace Treaties make use of arguments all to advisory proceedings even where the Request for an Opinion inio relates to a legal question actually pending between States. The optie Court's reply is only of an advisory character: as such, it has no SUA binding force. It follows that no State, whether a Member of the th United Nations or not, can prevent the giving of an Advisory Opinion s tad which the United Nations considers to be desirable in order to obtain enlightenment as to the course of action it should take. The Court's Dugihl Opinion is given not to the States, but to the organ which is entitled Court to request it; the reply of the Court, itself an "organ of the United zatieNations”, represents its participation in the activities of the Organiza- the tion, and, in principle, should not be refused. objedi otain rding Question I involves two main points. First, do the diplomatic exchanges between Bulgaria, Hungary and Romania on the one hand de 3 and certain Allied and Associated Powers signatories to the Peace Treaties on the other, disclose any disputes? Second, if they do, ngày are such disputes among those which are subject to the provisions for the settlement of disputes contained in Article 36 of the Treaty with tata Bulgaria, Article_40 of the Treaty with Hungary, and Article 38 of liels the Treaty with Romania ? Whether there exists an international dispute is a matter for ob- jective determination. The mere denial of the existence of a dispute does not prove its non-existence. In the diplomatic correspondence submitted to the Court, the United Kingdom, acting in association with Australia, Canada and New Zealand, and the United States of America charged Bulgaria, Hungary and Romania with having t the violated, in various ways, the provisions of the articles dealing with the human rights and fundamental freedoms in the Peace Treaties and upon the three Governments to take remedial measures to carry out their obligations under the Treaties. The three Govern- king ments , on the other hand, denied the charges. There has thus arisen a situation in which the two sides hold clearly opposite views concern- ing the question of the performance or non-performance of certain treaty obligations. Confronted with such a situation, the Court must conclude that international disputes have arisen. The next point to be dealt with is whether the disputes are subject to the provisions of the articles for the settlement of disputes con- tained in the Peace Treaties. The disputes must be considered to fall within those provisions if they relate to the interpretation or execution of the Treaties, and if no other procedure of settlement is prin specifically provided elsewhere in the Treaties. Inasmuch as the disputes relate to the question of the performance or non-performance of the obligations provided in the articles dealing disputes concerning the interpretation or execution of the Peace Treaties. In particular, certain answers from the Governments which clearly involve an interpretation of those Treaties. च called atter the PUDICES del the the eni heid 2076 AMERICAN FOREIGN POLICY, 1950-1955 SI: W The Court finds that all the conditions required for the commencer its representative. Otherwise the method of settlement by Commit Since no other procedure is specifically provided in any othe article of the Treaties, the disputes must be subject to the method of settlement contained in the articles providing for the settlemen of all disputes. 0 The Court thus concludes that Question I must be answeredi the affirmative. In these circumstances, it becomes necessary to take up Questan R II, which is as follows: "Are the Governments of Bulgaria, Hungary and Romani po obligated to carry out the provisions of the articles referred to an Question I, including the provisions for the appointment of their to of representatives to the Treaty Commissions ?": The articles for the settlement of disputes provide that any dispa о a which is not settled by direct diplomatic negotiations shall be refer to the Three Heads of Mission. If not resolved by them within period of two months, the dispute shall, unless the parties to the di ob pute agree upon another means of settlement, be referred at the reques Qu of either party to the dispute to a Commission composed of one rept pr sentative of each party and a third member, to be selected in accord Ce ance with the relevant articles of the Treaties. The diplomatic documents presented to the Court show that the United Kingdom and the United States of America on the one hand at and Bulgaria, Hungary and Romania on the other, have not succeede in settling their disputes by direct negotiations. They further shople Se that these disputes were not resolved by the Heads of Mission withi the prescribed period of two months. It is a fact that the parties # the disputes have not agreed upon any other means of settlement It is also a fact that the United Kingdom and the United States America, after the expiry of the prescribed period, requested that th disputes should be settled by the Commissions mentioned in the Treaties. This situation led the General Assembly to put Question II Sos to obtain guidance for its future action. have been fulfilled. In view of the fact that the Treaties provide that any dispute ste be referred to a Commission “at the request of either party", it follor Sta that either party is obligated, at the request of the other party , co-operate in constituting the Commission, in particular by appoint sions provided for in the Treaties would completely fail in its purpose The reply to Question II, as interpreted above, must therefore con in the affirmative. 1 Heads of the diplomatic missions of the United States, the Soviet Union, the United Kingdom at the capital of Bulgaria, Hungary, or Rumania. t Avg Sta e Co ave орі 1 2 thes the 3 2077 EASTERN EUROPEAN COMMUNIST REGIMES Dans 2 International Court of Justice Reports, 1950, pp. 79-88. Judge Azevedo the questions-he concurred in the Court's answers. 3 Ibid., pp. 89–113. othe: For these reasons, Chod THE COURT IS OF OPINION, men On Question 1: by eleven votes to three, that the diplomatic exchanges between Bulgaria, Hungary and stin Romania on the one hand and certain Allied and Associated Powers signatories to the Treaties of Peace on the other, concerning the im- plementation of Article 2 of the Treaties with Bulgaria and Hungary to i and Article 3 of the Treaty with Romania, disclose disputes subject thel to the provisions for the settlement of disputes contained in Article 36 of the Treaty of Peace with Bulgaria, Article 40 of the Treaty of Peace with Hungary, and Article 38 of the Treaty of Peace with Romania; spuki On Question II: ered by eleven votes to three, hind that the Governments of Bulgaria, Hungary and Romania are e de obligated to carry out the provisions of those articles referred to in que Question I, which relate to the settlement of disputes, including the cept provisions for the appointment of their representatives to the Treaty Ecord Commissions. Done in French and English, the French text being authoritative, hand at the Peace Palace, The Hague, this thirtieth day of March, one thousand nine hundred and fifty, in two copies, one of which will be placed in the archives of the Court and the other transmitted to the Secretary-General of the United Nations. BASDEVANT President. E. HAMBRO, Registrar. Judge AZEVEDO, while concurring in the Opinion of the Court, has availed himself of the right conferred on him by Article 57 of the Statute and appended to the Opinion a statement of his separate opinion, Judges WINIARSKI, ZORIČIĆ and KRYLOV, considering that the Court should have declined to give an Opinion in this case, have availed themselves of the right conferred on them by Article 57 of the Statute and appended to the Opinion statements of their dissenting opinions. 1 A Decade of American Foreign Policy, p. 150. were substantive and not abstract, but the Court having decided to answer at the eeded shor rithir ies ti menti tes de ut the thi SO 81 enca SION llon FI nting im paris re halli re IS W to Nations that none of those Governments had notified him, with thirty days from the date of the delivery of the Court's Advisor 5 Resolution 294 (IV); A Decade of American Foreign Policy, pp. 1173-1175 2078 AMERICAN FOREIGN POLICY, 1950–1955 5. NOTE FROM THE AMERICAN LEGATION AT BUDAPEST TO THE HUNGARIAN FOREIGN MINISTRY, APRIL % : 1950 1 th The Legation of the United States of America presents its compe ments to the Minister for Foreign Affairs of Hungary and has the honor to direct the Minister's attention to the advisory opinion on the interpretation of the Peace Treaties with Bulgaria, Hungary, and Rumania which was given by the International Court of Justice el March 30, 1950.2 In the light of this opinion, it is assumed that the Hungarian Gor ernment will now nominate its representative on the Peace Treaty Commission and will inform the Secretary-General of the United N tions of the nomination in accordance with the United Nations Generi Assembly Resolution of October 22, 1949. It is further assumal that the Hungarian Government will also be willing to enter inte C consultation with the United States Government with view to the ar appointment of a third member in accordance with Article 40 of the at. Treaty of Peace. NE As the United States Legation informed the Minister for Foreign Affairs in its note of January 5, 1950,3 the United States Government has appointed Mr. Edwin D. Dickinson as its representative on the proposed Commission. at th be 6. ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE, JULY 18, 1950 (Excerpts) THE COURT, gives the following Advisory Opinion: [The opinion quotes the resolution adopted by the United Nation General Assembly on October 22, 1949; 5 it then quotes the Court's answer to questions I and II which were asked in that resolution; and it continue with an account of certain subsequent developments.] in sib Having stated, in its Opinion of March 30th, 1950,6 that the Gover for ments of Bulgaria, Hungary, and Romania are obligated to car out the provisions of those articles of the Peace Treaties which relik to the settlement of disputes, including the provisions for the appor ment of their representatives to the Treaty Commissions, and here received information from the Secretary-General of the Unite · Department of State Bulletin, May 8, 1950, p. 738. sent similar notes to Bulgaria and Rumania. 2 Supra. 3 Supra, doc. 3. * International Court of Justice Reports, 1950, pp. 222, 226, and 230, See t ant U COI rig 1 2 The United State Supra, doc. 4. EASTERN EUROPEAN COMMUNIST REGIMES 2079 Tor a International Court of Justice Reports, 1950, pp. 231-254. RSS Opinion, of the appointment of its representative to the Treaty Com- 26 missions, the Court is now called upon to answer Question III in the Resolution of the General Assembly of October 22nd, 1949, which reads as follows: mpli the (Here follows the Court's reasoning by which it reached its conclusion.) the and Consequently, Question III must be answered in the negative. It is therefore not necessary for the Court to consider Question IV, which requires an answer only in the event of an affirmative answer to the preceding Question. Feath For these reasons, NE THE COURT IS OF OPINION, her by eleven votes to two, med into that, if one party fails to appoint a representative to a Treaty the Commission under the Peace Treaties with Bulgaria, Hungary the and Romania where that party is obligated to appoint a represent- ative to the Treaty Commission, the Secretary-General of the United cel Nations is not authorized to appoint the third member of the Com- mission upon the request of the other party to a dispute. 1 the Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this eighteenth day of July, one thousand nine hundred and fifty, in two copies, one of which will be placed in the archives of the Court and the other transmitted to the Secretary-General of the United Nations. BASDEVANT, President. E. HAMBRO, Registrar. Judge Krylov, while joining in the conclusions of the opinion and the general line of argument, declares that he is unable to concur in the reasons dealing with the problem of international respon- sibility which, in his opinion, goes beyond the scope of the request Judges Read and AZEVEDO, declaring that they are unable to concur in the Opinion of the Court, have availed themselves of the right conferred on them by Article 57 of the Statute ? and appended to the Opinion statements of their dissenting opinion.? J. B E. H. A Decade of American Foreign Policy, p. 150. ment Biome ren for opinion. 2017 elati gin. they sar? 15 . 2080 AMERICAN FOREIGN POLICY, 1950–1955 na $ ga Tr ME ani CO1 the U.S, note of Apr. 26, 1950, to Hungary (similar notes were sent to Bulgaris 7. RESOLUTION 385 (V) OF THE UNITED NATIONS GENERAL is ASSEMBLY, NOVEMBER 3, 1950 1 up The General Assembly, HI Considering that one of the purposes of the United Nations is of achieve international co-operation in promoting and encouraging Co respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Having regard to General Assembly resolutions 272 (III) and 294 (IV)? concerning the question of the observance in Bulgaria, Hungary this and Romania of human rights and fundamental freedoms, and to is decision in the latter resolution to submit certain questions to the International Court of Justice for an advisory opinion, 1. Takes note of the advisory opinions delivered by the Inte: national Court of Justice on 30 March 1950 3 and 18 July 1950 4 to the effect that: the (a) The diplomatic exchanges between Bulgaria, Hungary and RO Romania on the one hand, and certain Allied and Associated Power ref signatories to the Treaties of Peace on the other, concerning the wh implementation of article 2 of the Treaties with Bulgaria and Hungary and article 3 of the Treaty with Romania, disclose disputes to the ani provisions for the settlement of disputes contained in article 36 of the the thi Treaty of Peace with Bulgaria, article 40 of the Treaty of Peace with Hungary, and article 38 of the Treaty of Peace with Romania; the (b) The Governments of Bulgaria, Hungary and Romania are obligated to carry out the provisions of those articles of the Treaties wit of Peace which relate to the settlement of disputes, including the provisions for the appointment of their representatives to the Treaty Commissions; (C) If one party fails to appoint a representative to a Treaty Com mission under the Treaties of Peace with Bulgaria, Hungary and Romania where that party is obligated to appoint a representative to the Treaty Commission, the Secretary-General of the United Nations 1 General Assembly, Oficial Records, Fifth Session, Supplement No. 20 64 w 1775), p. 16. See also statement of Oct. 2, 1950, by Ambassador Cohen; Depart of ment of State Bulletin, Oct. 23, 1950, p. 666. Vid 2 A Decade of American Foreign Policy, pp. 1170–1171 and 1173–1175. Ru 3 Supra, doc. 4. Go 4 Supra. 5 See the U.S. notes of Mar. 29, 1949, to Bulgaria, Hungary, and Rumanis (A Decade of American Foreign Policy, pp. 1159–1165); the Hungarian note . Apr. 8, 1949, to the United States (ibid., pp. 1167–1169); the Rumanian note of of Apr. 18, 1949, to the United States (ibid., pp. 1169-1170); the Bulgarian note Apr. 21, 1949, to the United States (ibid., pp. 1165-1167); the U.S. notes May 31, 1949, to Bulgaria, Hungary, and Rumania (ibid., pp. 1171-1173); and Rumania; Department of State Bulletin, Aug. 15, 1949, p. 238); the Los note of Sept. 19, 1949, to Rumania (similar notes were sent to Bulgaria, am Hungary; ibid., Oct. 3, 1949, pp. 514-515); the o.s. note of Jan. 5, 1950, Rumania similar notes were sent to Bulgaria tand Hungary; supra, doc. 3.jar 8. fai sug 196 COT ext 1 2 3 aft $ 8 and Rumania; supra, doc. 5). EASTERN EUROPEAN COMMUNIST REGIMES 2081 INS cary 2 Department of State Bulletin, Mar. 31, 1952, pp. 496–497. 4 Resolution 385 (V); supra. Department of State publication 4376A. RAIis not authorized to appoint the third member of the Commission upon the request of the other party to a dispute; 2. Condemns the wilful refusal of the Governments of Bulgaria, Hungary and Romania to fulfil their obligation under the provisions. S of the Treaties of Peace to appoint representatives to the Treaty Commissions, which obligation has been confirmed by the Inter- 101 national Court of Justice; 3. Is of the opinion that the conduct of the Governments of Bul- 291 garia, Hungary and Romania in this matter is such as to indicate that 27 they are aware of breaches being committed of those articles of the Treaties of Peace under which they are obligated to secure the enjoy- the ment of human rights and fundamental freedoms in their countries; and that they are callously indifferent to the sentiments of the world ater community; the 4. Notes with anxiety the continuance of serious accusations on these matters against the Governments of Bulgaria, Hungary and and Romania, and that the three Governments have made no satisfactory vers refutation of these accusations; the 5. Invites Members of the United Nations, and in particular those which are parties to the Treaties of Peace with Bulgaria, Hungary the and Romania, to submit to the Secretary-General all evidence which the they now hold or which may become available in future in relation to with 6. Likewise invites the Secretary-General to notify the Members of the United Nations of any information he may receive in connexion with this question. the sty 8. NOTE FROM THE SECRETARY OF STATE TO THE RU- MANIAN CHARGÉ D'AFFAIRES AT WASHINGTON, MARCH nd 18, 19522 The Secretary of State presents his compliments to the Chargé d'Af- faires ad interim of the Rumanian People's Republic and transmits here- (al with, for the information of the Rumanian Government, three copies it of Department of State publication No. 4376 entitled "Evidence of Violations of Human Rights Provisions of the Treaties of Peace by Rumania, Bulgaria and Hungary, submitted by the United States Government 3 to the Secretary General of the United Nations pur- suant to the resolution of the General Assembly of November 3, 1950,* Volume I, Violations by the Rumanian Government, Freedoms of Expression and of Press and Publication," together with three copies of a supplement containing facsimile reproductions of original exhibits included in English translation in Volume I. Volume I was .. i8 this question; 80 ties to DDS of 은 ​1 Corneliu Bogdan. 20 to ed after "United States." 415900----57-rol. 2-28 2082 AMERICAN FOREIGN POLICY, 1950-1955 . evi ev ar er W If, on the other hand, the Rumanian Government does not contend submitted by the United States Government to the Secretary Generd T! of the United Nations on November 16, 1951, and the supplementi di being submitted presently. to The Secretary of State takes this occasion to note that the Ro RI manian Government has referred to the contents of Volume I, following Up its submission to the Secretary General of the United Nations, as " collection of lies and falsifications.” Such references were made be the Rumanian Government in a declaration in its controlled press or December 6, 1951. This declaration the Rumanian Government repeated in a volum. distributed by it during the meeting of the last General Assembly die the United Nations in Paris, entitled “The Aggressive Policy 20 ha Machinations of American Imperialism Against the Rumaniai se People's Republic." The attention of the Rumanian Government is called to the fsdw that of the eighty-nine exhibits, with sub-exhibits, constituting the pa evidence offered by the United States Government to support is of charges that the Rumanian Government has violated the provisions el the Treaty of Peace by which the Rumanian Government undertouren to secure the enjoyment of freedom of expression and freedom of pres and publication in Rumania, sixty-five, including sub-exhibits , ar reproduced in the supplement in facsimile of the original form th These sixty-five include articles or statements by Soviet Communist of authorities (four exhibits), quotations from the Rumanian Constituan tion (three exhibits), quotations from the official Rumanian Goverb ment press or Rumanian newspapers appearing during the period to when the press has been under the Rumanian Government's contra (six exhibits), and official legislation and decrees of the Rumania G Government as published in the official gazette, "Monitorul Oficial or "Buletinul Oficial,” and similar government publications (forty-sit b exbibits). Since these sixty-five exhibits, including sub-exbibita have been in documents believed to be official, the Rumanian Govers ment is invited to specify which, if any, of these exhibits it charges fall in the category of "lies and falsifications” and to specify furtheir the respects in which the "lie” or “falsification” is comprised. The remaining exhibits offered by the United States Governmentes evidence in Volume I consist, for the most part, of certain affidavits or declarations sworn to before persons authorized to administer oats in various countries. These include forty documents, including sub-exhibits. If the remarks of the Rumanian Government we intended to apply to these latter exhibits, the Rumanian Government is invited to specify which of them it believes fall into the category of “lies and falsifications," giving again the respects in which the or "falsification” is comprised. that the excerpts from its official publications, or from the writings i Communist leaders, or from the Rumanian Press, contained exhibits, have in fact been forged or otherwise falsified by the Unite States or by others, but means only that the Rumanian Government differs in the interpretation thereof, or if the Rumanian Government M .8 ti t i C 1 t C o . EASTERN EUROPEAN COMMUNIST REGIMES 2083 as te be SS OR and ania ons of to which this first installment of evidence relates have not been proved and that o permit. The refusal of the accused governments to respect their treaty obliga- mera while not charging that the signatures of affiants have been forged or falsified or that the affiants have wilfully lied, differs with respect to the facts to which the affiants have testified, the attention of the Ru Rumanian Government is called to the introductory statement of the Win United States Government in Volume I as follows (page vi): The Rumanian Government is invited to offer in any appropriate way such evidence-in the legal sense--as it may have in rebuttal and to submit that evidence to further objective verification. olum The United States Government has looked in vain in the publica- old tions of the Rumanian Government on this subject to which reference has been made above for the submission of any evidence in any legal sense; it has instead found unsupported conclusions, unresponsive and irrelevant assertions, always without factual proof, and statements 3 fad which, insofar as they might be relevant, the United States would be g the prepared to demonstrate, in any appropriate forum governed by rules rt it of legal procedure, to be false. It is clear to the United States, as it must be to objective persons stock examining these documents, that the failure of the Rumanian Gov- presernment to meet the issues of fact and of law in this matter, coupled are with that Government's evasion of its established legal duty to submit form these issues for trial by the Commission provided in the Treaty of Peace, or by any other judicial body, constitute an unquestionable stitu- admission by the Rumanian Government that the charges made yen: by the United States against that Government were correct, that erind the evidence submitted by the United States amply sustains its charges entre against the Rumanian Government and that, therefore, the Rumanian aniel Government stands convicted in accordance with the normal legal icial" rules obtaining in civilized countries of violating the Treaty of Peace by wilfully and systematically denying to its citizens and other persons in its jurisdiction the enjoyment of elemental human rights and fundamental freedoms which the Rumanian Government pledged. The Secretary of State takes this occasion to repeat what he said other in submitting Volume I to the Secretary-General of the United From its past performance one may expect the Rumanian Government-and the other accused governments--to say, always in general terms, that the charges its persecutions have been directed solely to the suppression of Nazism and Fas- cism and to make other self-serving statements of sweeping generality. This will not do. Verifiable facts are called for from the accused, not mere conclusions nor name calling. The truth is that, since the charges and the evidence in support thereof relate to facts localized in the territory of Rumania, their truth or falsity in the event of dispute may best be determined by inquiries on the spot in Rumania—and in Hungary and Bulgaria. Were the accused governments sin- Cerely concerned with establishing the truth, they would welcome an arbitral commission of the kind stipulated by the Treaty of Peace. In this case, the commission would receive the testimony of officials of the Rumanian Government concerned with press, radio, books, theater, book publishing and similar matters; it would question other persons within Rumania having testimonial qualifications and otherwise make the dispassionate, careful inquiry which civilized nations expect of judicial tribunals, attended by effective assurances to witnesses against intimidations or reprisals. This the accused governments have thus far refused Nations: nt as its or aths ding wen ment 20 lie" tend sol the lita nent ent 2084 AMERICAN FOREIGN POLICY, 1950–1955 tions by joining in the establishment of commissions must be taken as born in substantial part out of the suspicion that such a tribunal would seek and find a way to obtain evidence which these governments prefer to conceal. In submitting its material, the United States Government is guided by the legal meaning of the word "evidence" used in the General Assembly resolution; that is, as denoting testimony which is logically probative of issues of fact raised by St charges made and the replies thereto, and which is acceptable for consideration tr under standards for the conduct of judicial proceedings generally prevailing in civilized countries. 1 SC in th OS Travel of American Citizens in Iron Curtain Countries 9. STATEMENT BY THE DEPARTMENT OF STATE, MAY 1, 1952 2 m ar as The Department of State announced today that it was taking B additional steps to warn American citizens of the risks of travel in Iron Curtain countries by stamping all passports not valid for travel in those countries unless specifically endorsed by the Department of State for such travel. In making this announcement, the Department emphasized that this procedure in no way forbids American travel to those areas. It contemplates that American citizens will consult the Department or the Consulates abroad to ascertain the dangers of traveling in countries where acceptable standards of protection do not preval A and that, if no objection is perceived, the travel may be authorized All new passports will be stamped as follows: A THIS PASSPORT IS NOT VALID FOR TRAVEL TO ALBANIA, BULGARIA, CHINA, CZECHOSLOVAKIA, HUNGARY, POLAND, RUMANIA OR THE SPECIFICALLY ENDORSED UNDER AUTHORITY OF THE DEPARTMENT OF STATE AS A All outstanding passports, which are equally subject to the restric- tion, will be so endorsed as occasion permits. ti 1 The word "Government” in the second paragraph of this quotation does not appear in the original document. Department of State press release 341; the text in Department of State Bulletin, May 12, 1952, p. 736, reads on May'1 instead of today in the first sentence . See also statements of Feb. 27, 1950, regarding travel in Bulgaria and Hungary (ibid., Mar. 13, 1950, p. 399); "May 1, 1951, regarding travel in Hungary (ibid, May 14, 1951, p. 770); and 'June 2,'1951,' regarding travel in Czechoslovakia (ibid., June 11, 1951, p. 932). PI fo UNION OF SOVIET SOCIALIST REPUBLICS UNLESS W BEING VALID FOR SUCH TRAVEL CO 0 m e SE to C py to be EASTERN EUROPEAN COMMUNIST REGIMES 2085 . Department of State Bulletin, Dec. 6, 1954, p. 862. See also letter of Aug. 27, statement of Nov. 28, 1953, by the Department of State (ibid., Dec. 14, 1953, ora in 10. STATEMENT BY THE DEPARTMENT OF STATE, find OCTOBER 31, 1955 1 e legal thai The Secretary of State announced today in Geneva that United ed by States passports will henceforth not require special validation for ration travel to the following countries in the European Soviet bloc: Czech- ng is oslovakia, Hungary, Poland, Rumania, and the Union of Soviet Socialist Republics. Instead of the previous endorsement necessitat- ing special validation for travel in those areas passports will now carry the following stamp: ries "This passport is not valid for travel to the following areas under control of authorities with which the United States does not have diplomatic relations: Albania, Bulgaria, and those portions of China, Korea and Viet-Nam under Communist control." king B. ALBANIA 11 ave! nent 11. STATEMENT BY THE SECRETARY OF STATE, that NOVEMBER 27, 1954 eas. dent November 28. marks the anniversary of the two historic events g in most cherished by the Albanian people: the first proclamation of vai ! Albanian independence in 1443 and the reemergence of Albania as zed. an independent nation in 1912. The traditional friendship of the United States for the people of Albania has sprung from a natural American sympathy with Albanian aspirations for liberty. Since World War I, this sympathy has ex- pressed itself in important actions of support by the United States for the sovereign independence of the Albanian nation and for the welfare of its people. Whenever contacts between Americans and Albanians occur, we are reminded that the Albanian people retain ric a keen appreciation of past evidences of U. S. interest and that, in consequence, a special bond of understanding between the peoples of the two countries has been firmly established. present sufferings of the Albanian people under Communist oppression and their strong desire to be rid of this alien yoke are matters of deep concern to the United States. The American Gov- ernment and people recognize the right of the Albanian people to a sovereign national status, to genuinely democratic institutions, and to a government of their free choice. During the past few years, Department of State press release 630. of the National Committee for a Free Albania (ibid., Oct. 19, 1953, p. 530) and 2 RIA, THE LLI AS The not cate ace. ATT kia % pp. 819-820). 2086 AMERICAN FOREIGN POLICY, 1950-1955 the United States has noted with satisfaction declarations by official 18 spokesmen of the neighboring countries in support of a free and indo pendent Albania. Americans look forward to the ultimate resum- tion by Albania of its rightful place in the community of nation , and the U. S. Government will not cease its advocacy of this goal C. BALTIC STATES he ES PI 12. AIDE-MÉMOIRE FROM THE SECRETARY OF STATE TO 19 THE MINISTER OF LITHUANIA, THE CHARGÉ D'AFFAIRES th OF LATVIA, AND THE ACTING CONSUL GENERAL OF ES pe TONIA IN CHARGE OF LEGATION,3 AUGUST 9, 1950 4 tr OY tic tre as TI ect an ni pe fre With reference to the aide-mémoire of July 27, 1950, which w presented to the Department of State by the Honorable the Minister of Lithuania, the Chargé d'Affaires of Latvia, and the Acting Consu General of Estonia in charge of legation and in confirmation of the conversation of that date, the Secretary of State informs the above named representatives of the Baltic States as follows: The Department of State is pleased to receive the expression ol appreciation tendered by the representatives of Estonia, Latvia , ar Lithuania on behalf of their respective countries for the policy followed by the United States Government toward the Baltic Stata The Department is also pleased to note the approval expressed be the representatives of Estonia, Latvia, and Lithuania of the polie followed by the United States and the United Nations with respek to the recent developments in Korea. As is well known, these policis conform with the traditional views of the United States Governmen concerning the rights of all peoples to self-determination and freedom from aggression. The request of the representatives of the Baltic States that the United States support consideration by the United Nations "of the genocidal mass deportations and of the appalling situation in in the Baltic States” will be brought to the attention of the Depar . ment's representatives who are directly concerned with Unitat Nations affairs, na cu no lis ex mi dis genen ev fry 1 1 Povilas Zadeikis. 2 Jules Feldmans. 3 Johannes Kaiv. Department of State Bulletin, Aug. 28, 1950, p. 334. 5 Not printed. X] tre pp EASTERN EUROPEAN COMMUNIST REGIMES 2087 tions wa * Treaty of Feb. 2, 1920, with Estonia (League of Nations Treaty Series, vol. treaty of July 12, 1920, with Lithuania (ibid., pp. 105–147). 3 Papers Relating to the Foreign Relations of the United States, 1922, vol. II, official 13. STATEMENT BY THE SECRETARY OF STATE BEFORE inde THE HOUSE COMMITTEE TO INVESTIGATE AND STUDY Bump THE SEIZURE AND FORCED INCORPORATION OF LITHU- ANIA, LATVIA, AND ESTONIA BY THE UNION OF SOVIET gol SOCIALIST REPUBLICS AND THE TREATMENT OF SAID BALTIC PEOPLES, NOVEMBER 30, 1953 1 Chairman Kersten and Members of the Committee, I appreciate having this opportunity to talk to you of the Baltic republics of Estonia, Latvia, and Lithuania. I shall speak of their past, their present, and their future. Each of these phases is full of meaning The Baltic peoples proclaimed their independence of Russia in E TO 1918. In 1920, Soviet Russia made peace treaties with them. By TRES these treaties Soviet Russia recognized, without reservation, the inde- pendence and sovereignty of the Baltic States. It declared in these treaties that it voluntarily and forever renounced all sovereign rights over the Baltic peoples and the territories of the Baltic States. On July 28, 1922, the United States extended diplomatic recogni- tion to the Baltic governments. We did so in application of our niste traditional concepts. Consu of the Estonia, Latvia, and Lithuania had shown, by four years of existence bove es independent states, that their independence had a solid reality. They had successfully maintained internal stability, both political and economic. They had conducted themselves internationally in accord- on of ance with good practice. Therefore, they were entitled to our recog- en nition. Indeed, their independence fulfilled the kind of hope for all peoples which our Nation had entertained since its own beginning. tates For two decades the Baltic republics showed the good fruits of ad freedom. Their creative accomplishments were impressive. Their polisi natural resources were meager. But the peoples were skilled in agri- culture and by their hard work they achieved a good measure of eco- nomic well-being. National arts and crafts flourished. They estab- content lished a high standard of social justice and won worldwide respect as exemplary members of the family of nations. Their spiritual and the moral strength, their love of liberty, their energy, and their self- discipline showed that they possessed those qualities which, more than mere numbers, area, or wealth, make for national worth. The Baltic republics, during this period, gave the whole world an ever-needed demonstration of the creative power of self-disciplined The present dark period began in 1939. It was begun by the Department of State Bulletin, Dec. 14, 1953, pp. 818-819. policy licies edom t of the neral part nited freedom. pp. 873-874. 2088 1950-1955 AMERICAN FOREIGN POLICY, V The special W ON ostensibly friendly embrace of the Soviet Union, which pressed “pack of mutual assistance" i upon these Baltic countries. The Soviet Minister of Foreign Affairs carefully explained the indis cent and protective nature of these pacts in a major address of Octobe th 31, 1939.2 I quote his words: PO The Soviet Union has concluded pacts of mutual assistance with Esthonis, Latvia, and Lithuania which are of major political importance. character of these mutual assistance pacts in no way implies any interference on the part of the Soviet Union in the affairs of Esthonia, Latvia, or Lithuania , as to some foreign newspapers are trying to make out. On the contrary, all the Ba pacts of mutual assistance strictly stipulate the inviolability of the sovereignty of the signatory states and the principle of non-interference in each other's asti fairs. , We declare that all the nonsensical talk about the Sovietization of the Baltic countries is only to the interest of our common enemies and of all antith Soviet provocateurs. th Scarcely had these passionate and authoritative words been uttered en when the “Sovietization” began. The concluding acts occurred aboul of eight months later when the Soviet Union marched its Red Armisha into the Baltic territories, set up puppet governments, and caused them to apply for admission into the Soviet Union, an admission that we te graciously granted. The "nonsensical talk" of the "foreign newspa- do pers” had come true. The free nations of the world were shocked by this aggression. That United States promptly made its position known. On July 23, 194 CE our Government described and denounced the "devious processes go whereunder the political independence and territorial integrity of the ar three small Baltic republics-Estonia, Latvia, and Lithuania-wath to be deliberately annihilated by one of their more powerful C neighbors." 3 The "devious processes” still went on until today over 15 ome to independent nations, representing much of the human race, have beeth "Sovietized." go Today the Soviet leaders still ask the free peoples to accept alth rely on Soviet mutual security pacts. We should know by now that when the Soviet rulers use the word "security" they mean an oppade tunity for the Soviet Union to secure new victims. What of the future? First of all, let us never lose hope that there a is a future. I recall some of the earliest history recorded in the books of the 8 m Testament. The nations there mentioned are such as Israel, Arabi, ta Egypt, and Lebanon. How many times have these nations of many fo thousands of years ago been submerged, to rise again? 1 Pact of Sept. 28, 1939, with Estonia (League of Nations Treaty Series 198, pp. 223-229); pact of Oct. 5, 1939, with Latvia (ibid., pp. 381-387) * pact of Oct. 10, 1939, with Lithừania Department of State Bulletin, Dec. Il 1939, pp. 705-707). 2 Soviet Peace Policy: Four Speeches by V. Molotov (London, 1941), p. 36. Department of State Bulletin, July 27, 1940, p. 48. 8 W PE Pc 3 EASTERN EUROPEAN COMMUNIST REGIMES 2089 nce 01 r's estates. pacts The Baltic peoples, in the face of every imposition, retain their will to be free and maintain their steadfast opposition to Soviet despot- inne ism. Terrorism has been prolonged now for thirteen years. Many of tobe their courageous and noble representatives have been executed, de- ported, or driven into exile. But their martyrdom keeps patriotism alive. honis special The United States, for its part, maintains the diplomatic recognition which it extended in 1922 to the three Baltic nations. We continue aia , & to deal with those diplomatic and consular representatives of the thes Baltic countries who served the last independent governments of these eignty states of the Some may say that it is unrealistic and impractical not to recognize at the enforced "incorporation" of Estonia, Latvia, and Lithuania into the Soviet Union. We believe, however, that a despotism of the pres- tered ent Soviet type cannot indefinitely perpetuate its rule over hundreds abot' of millions of people who love God, who love their country, and who rmie have a sense of personal dignity. them The Soviet system, which seeks to expunge the distinctive charac- t weteristics of nation, creed, and individuality must itself change or be SPS- doomed ultimately to collapse. The time of collapse depends largely on whether the peoples who remain free produce spiritual, intellectual, The and material richness and a faith which can penetrate any iron 1941| curtain. The captive peoples should know that they are not for- cesses gotten, that we are not reconciled to their fate, and, above all, that we of the are not prepared to seek illusory safety for ourselves by a bargain with -Wertheir masters which would confirm their captivity. These are our purposes. We have not forgotten the Atlantic Charter and its proclamation of "the right of all peoples to choose the form of government under which they will live. We still share bes the wish expressed in that Charter, "to see sovereign rights and self- government restored to those who have been forcibly deprived of and them." This is an hour when it is particularly important that our Nation's dedication to these principles should be made manifest. We approach & possible meeting with the representatives of the Soviet Union. I ther can assure you that we welcome opportunities to settle specific disputes between us; to end the race in armament, particularly atomic arma- e Olment; and to reduce the risks of war. But let me also assure you of this. We do not look on the conference as a place where we surrender our principles, but rather as a place which I am confident is backed by the Congress and by the American our principles prevail. That is our resolve, a resolve poll . Ferful Once tihet ppor abis . man table for making and c. 11 Anglo-American Declaration of Aug. 14, 1941; A Decade of American Foreign Policy, pp. 1-2. 2090 AMERICAN FOREIGN POLICY, 1950–1955 18 WO m destroy their patriotic and religious allegiances. By the non-violent captive peoples are showing their rulers the hopelessness of continued by Department of State Bulletin, June 7, 1954, p. 882. For the text of Dr. Spekkes 14. REMARKS BY THE SECRETARY OF STATE TO THE LATVIAN CHARGÉ D'AFFAIRES AT WASHINGTON, MATI of 24, 1954 2 of I have received from your hands the letters of April 21, 1954, i w which Mr. Charles Zarine, Minister of Latvia in London and beare Of of the special emergency power of the last independent Government sti of the Republic of Latvia, presents you to me as Chargé d'Affaires d all Latvia in the United States. You come in succession to the late Mr. Jules Feldmans whose distinguished and devoted services in repre senting his country to the United States were cut short by his untimely death last year. D In accepting you as Chief of the Latvian Mission in Washington in the capacity of Chargé d'Affaires, this Government reaffirms its whole hearted support for the Republic of Latvia and for the realization of the principle, expressed in the Atlantic Charter, that sovereign rights / 16 and self-government shall be restored to those who have been forcibly deprived of them. I am confident that in carrying on the work to which your predeces sors gave themselves unsparingly in defense of the cause of a free Latvia, you will enjoy, as they did, the dedicated support of Latvians everywhere. I am happy to welcome you to this country and to wish of you every success in undertaking your duties here. You may be Ja assured that my associates in the Department and I will always be LE ready to help you in every way we can. 19 I would ask you to thank Minister Zarine for his expression of good M wishes, which are warmly reciprocated, on behalf of the Latvian nation and himself for the welfare and prosperity of the United States. Ja W 15. STATEMENT BY THE SECRETARY OF STATE, FEBRUARY 15, 1955 3 of ta The peoples of Lithuania, Latvia, and Estonia will commemoraš this year the 37th anniversary of the declaration of their national Co independence. On this occasion I would like to express to them the deepest sympathy and warmest friendship of the American people Despite the efforts of Soviet rulers to hide the nature of their ad G ministration in the Baltic States, the plight of the Baltic Peoples is much in our thoughts. There are many signs that the Baltic peoples have successful resisted the devices of Soviet terror and propaganda intended * but stubbornly insistent expression of their human aspirations , disregard of basic human rights. 1 Dr. Arnold Spekke. to to an Su an &C CO 28 the M Bi th 2 remarks, see ibid. 3 Ibid., Feb, 28, 1955, p. 337. EASTERN EUROPEAN COMMUNIST REGIMES 2091 on 11 ights eces. Bulgaria would be represented by Switzerland and that Bulgarian interests in the United States would be represented by Poland (ibid., Apr. 3, 1950, p. 524). Ibid., Jan. 30, 1950, p. 159. * Ibid., Dec. 26, 1949, p. 981. THE Through our contributions to the material and spiritual strength MAI of the free world, we seek to create conditions under which the right of the Baltic peoples to resume their place in the community of free nations will be universally respected. We are convinced that a 4. i world community in which the Baltic peoples are free to choose their 2AT4 own form of government and their own political and economic in- ment stitutions is likely to be one which will assure peace, with justice, for es of all nations, large and small. Mr. spre mely D. BULGARIA hole ation 16. SEVERANCE OF DIPLOMATIC RELATIONS: Note From the cibly American Legation at Sofia to the Bulgarian Foreign Ministry, February 20, 1950 1 free vians The Legation of the United States of America presents its compli- wish ments to the Minister for Foreign Affairs of the People's Republic y be of Bulgaria and has the honor to refer to the Legation's note of is be January 20, 1950, in reply to the note delivered by the Bulgarian Legation in Washington to the Department of State on January 19, 1950, requesting the recall from Bulgaria of the American Minister, Mr. Donald R. Heath, as persona non grata. As indicated in the statements of the Under Secretary of State James E. Webb to the Bulgarian Chargé d'Affaires ad 'interim in Washington on December 12, 1949,4 the United States Government took a most serious view of the Bulgarian Government's conduct toward Minister Heath in connection with the trial of Traicho Kostov and others, in particular the charges against Mr. Heath, the falsity of which the Bulgarian Government itself was in a position to ascer- tain. The Under Secretary made it quite clear that these accusations, coming as they did on top of a long series of intolerable restrictions and indignities to which the American Legation in Bulgaria had been subjected, inevitably affected relations between the two countries and compelled the United States Government to warn the Bulgarian Government that it could not ignore such deliberate and unwarranted actions which were in complete disregard of normal practice in the fuly conduct of international relations. 80 The Bulgarian Government, however, persisted in its course of Department of State Bulletin, Mar. 6, 1950, pp. 356, 381. See also state- ment by the Department of State, Feb. 21, 1950' (ibid., pp. 353-355) and address Mar. 22, 1950, the Department of State announced that American interests in good ation prate onal the ople ad ess lent the qued ke's % a Ibid. 2092 AMERICAN FOREIGN POLICY, 1950–1955 W t 11 01 s1 0 ಟೆ ,ನ . So here's conduct. On January 19, 1950, it requested the immediate recal of Minister Heath from Bulgaria on the grounds that, by alleged "contacts" with Kostov and others, he had "allowed himself to take action not in line with his diplomatic functions" and thus had "show it abrupt interference in the interior affairs of the People's Republic of ir Bulgaria concerning its sovereignty as well as its national security. G This action on the part of the Bulgarian Government, in putting to forward wholly unfounded charges against the principal diplomatie representative of the United States as the basis of a demand for his recall, could be taken by the United States Government only as le confirmation of the mounting evidence that the Bulgarian Govern- ment was unwilling, in its relations with the United States, to observe accepted standards of international comity. The United States Government, in its note of January 20, 1959 , stated that unless the Bulgarian Government withdrew its note of 1 January 19 and demonstrated its willingness to observe established international standards of conduct, the United States Government must conclude that the Bulgarian Government did not desire to maintain normal relations. Over a period of 4 weeks the Bulgarian Government did not have the courtesy to reply. On February 16, 1950, it was advised by the Department of State that the long delay had created a situation which could not continue indefinitely and was requested to reply immediately. No reply has been received. The conclusion is inescapable that the Bulgarian Government is unwilling to modify the position it has taken t. that it is unwilling to treat American official representatives in Bul garia in accordance with the standards of established international practice; and, consequently, that it is unwilling to maintain normal diplomatic relations with the United States. Diplomatic relations between the United States and the postwar Government of Bulgaria, since their establishment in September 1947, have not been on a basis which could be called friendly or cordial. Cordiality was scarcely to be expected when Bulgarian officials and the controlled press were constantly denouncing and in sulting the United States, and when the Bulgarian Government was violating its peace treaty a obligations, ignoring resolutions of the United Nations, and supporting armed action against Greece. It was f the hope of the United States Government, however, that relations if not cordial, at least might be correct. But the treatment accorded to the American Legation in Sofia, including crippling restrictions on the entry and movement of American officials assigned to the Legatio and an unprincipled campaign of persecution against the Legation's Bulgarian employees, left no doubt that the Bulgarian Government did not accept even the minimum standards of international practice Despite all these difficulties the United States Government wished to maintain diplomatic contact with Bulgaria because of the sincere desire of the American people to work toward better understanding 1 See statement of Oct. 1, 1947, by Acting Secretary Lovett; A Decade. American Foreign Policy, pp. 486-487. 2 Treaty of Feb. 10, 1947; TIAS 1650 (61 Stat., pt. 2, p. 1915). C 0 مسلسل سلس ته T C a r o 8 I EASTERN EUROPEAN COMMUNIST REGIMES 2093 eged latia Fern- serye 950, inue of the Ministry of Interior, is able to put everyone where he belongs, ecall with the Bulgarian people, with whom ties of friendship have linked them in the past. take The Government of the United States will continue to maintain its feeling of friendship for the people of Bulgaria and to manifest LOWL ic of in every appropriate way its deep interest in their welfare. The ity. Government of the United States, however, is reluctantly compelled tting to conclude that it is no longer possible, in view of the present attitude of the Bulgarian Government, for the American Minister and his r his staff to remain in Bulgaria. They have received instructions to leave Bulgaria as soon as possible. At the same time, the Government of the United States requests the recall of the Bulgarian diplomatic mission from the United States. ce di 17. RELIGIOUS PERSECUTION IN BULGARIA: Statement by shed the Department of State, October 20, 19521 ment e to The Bulgarian Government has just staged (Sept. 29-Oct. 3) rian another of its elaborate "trials” of religious leaders, designed, in this 14PT the instance, to destroy the last remnants of the Catholic Church in Bul- garia. As in the infamous trials of Bulgarian Protestant leaders in eply the spring of 1949, the 40 Catholic leaders accused in this latest "trial" were charged with various vaguely defined anti-State activities, in- 1191 ken; cluding, in the course of the proceedings, allegations that certain of Bul the defendants had engaged in espionage as employees of the Ameri- cans” and had for this purpose been in touch with a U.S. Government official on duty with the former American Legation in Sofia. These charges are groundless and absurd. The same crude attempt to accuse the U.S. Government and its official representatives in Bulgaria of being involved in clandestine efforts to overthrow the Bulgarian Government has recurred in each of the many "trials” in which the Soviet satellite dictatorship in Bulgaria has sought to eradi- cate every form of opposition to its regime. Cynical disregard for the truth characterized the whole “trial.” the At the end, the court dutifully meted out the sentences-four defend- ants , including one bishop to be shot, all but five of the rest sentenced for periods ranging from 10 to 20 years. In å speech just prior to the trial, Bulgarian Minister of Interior Georgi Tsankov revealed with crude brutality the atmosphere in which the trial was to be staged. "Let all (who oppose the Communist regime] know," he said, "that the People's Rule, through the organs nor their imperialist másters can help them.” In accordance with this avowed policy, under the flimsiest pretense of legality, a last vestige of free religion in Bulgaria has now been stamped out. The Government of Bulgaria, which already stands accused before the tribunal of world opinion of the most blatant viola- of Department of State Bulletin, Nov. 10, 1952, pp. 728–729. onal ma! WSP aber 01 T180 | in- was Was ONS, ded 5 on tion on's nent cice. hed cere ding W 1 W C C of Aug. 2, 1955, by the Department of State; ibid. The Swiss Government Department of State Bulletin, Aug. 15, 1955, p. 264. See also the statement has caused the death of completely innocent people," promised to punish "there Bulgarian Government expressed "profound regret for this great disaster wbie guilty of causing the catastrophe," pledged to take preventive measures against recurrences of such incidents, and indicated readiness to compensate the familie of the victims as well as to give partial compensation for the material damage 2094 AMERICAN FOREIGN POLICY, 1950–1955 tions of its solemn obligation to guarantee human rights and funde 2 mental freedoms to its citizens, has by this new act proved again hor justly its vicious tyranny deserves the condemnation of free ma everywhere. 18. BULGARIAN SUGGESTION FOR RENEWAL OF DIPLO ju MATIC RELATIONS: Statement by the Department of State September 10, 1953 d The Department has noted with interest the recent statement db the Bulgarian Prime Minister regarding the present lack of diplomatic relations between his government and the United States. It would not serve any useful purpose to review at this time the actions which as led to the suspension of relations in 1950. The Department woulo! like to take this opportunity, however, to reaffirm the sentiments de deep and abiding friendship which the American people and Gover sp ment have toward the people of Bulgaria. lo 19. DESTRUCTION OF ISRAELI AIRCRAFT: Note From the United States Government to the Bulgarian Government (Traps mitted by the Swiss Chargé d'Affaires at Sofia), August 2, 1955 E The United States Government protests emphatically against the brutal action of Bulgarian military personnel on July 27, 1955 i firing upon a commercial aircraft of the El Al Israel Airlines which was lawfully engaged as an international carrier. This attack, which resulted in the destruction of the aircraft and the death of all per sonnel aboard, including several United States citizens, constitutes grave violation of accepted principles of international law. Th Bulgarian Government has acknowledged responsibility for this action The United States Government demands that the Bulgarian Govern ment (1) take all appropriate measures to prevent a recurrenced incidents of this nature and inform the United States Government concerning these measures; (2) punish all persons responsible for this incident; and (3) provide prompt and adequate compensation to the United States Government for the families of the United States citizens killed in this attack. 1 Department of State Bulletin, Sept. 21, 1953, p. 375. d 2 See the U.S. note of Feb. 20, 1950, to the Bulgarian Government; supra doc. 16. ibid., Aug. 29, 1955, pp. 354-355. 2 AGB DD 0 8 1 a 8 e EASTERN EUROPEAN COMMUNIST REGIMES 2095 mu nts of & SUPA demonstrably untrue charges. These offices of the Embassy and * Department of State Bulletin, Oct. 3, 1955, p. 529. See also Under Secretary Department of State Bulletin, May 1, 1950, pp. 684-685. undel 20. EIGHTH ANNIVERSARY OF THE EXECUTION OF NIKOLA na hor PETKOV: Statement by the Under Secretary of State, September 22, 1955 2 Eight years ago tomorrow Nikola Petkov, a great Bulgarian patroit, was hanged in Bulgaria. After a trial which made a mockery of PLO justice, he was judicially murdered on September 23, 1947, in order State that communism in his country might triumph.3 Nikola Petkov was a courageous liberal and a valiant defender of democracy in his country. His countrymen will never forget the entdboldness and selflessness with which he and his colleagues fought mali Communist injustice even after their cause seemed lost. That the Woul Communist press in Bulgaria should finally have described his death which as an "imperative state necessity” is striking evidence of the vigor would of his struggle. Although Nikola Petkov's voice and pen have been silenced, his iven spirit still lives. His devotion to the cause of justice and democracy will ever serve as inspiration to his countrymen and to all liberty- loving people who look forward to the day when the captive peoples can once again live in freedom under governments of their own choosing the frans 1955 E. CZECHOSLOVAKIA 21. CLOSING OF UNITED STATES INFORMATION SERVICE LIBRARIES AND THE CZECHOSLOVAK CONSULATE GEN- ERAL AT CHICAGO: Note From the American Embassy at Prague to the Czechoslovak Foreign Ministry, April 21, 1950 The American Embassy presents its compliments to the Czecho- d Slovak Ministry of Foreign Affairs and has the honor to refer to its note dated April 19, 1950 $ demanding that the United States In- r the formation Service libraries of the Embassy in Praha and the Consulate co to General in Bratislava be closed immediately and that the United State States press attaché, Joseph C. Kolarek, be recalled. The United States Government considers the demand for the closing of the United States Information Service libraries and the recall of the United States press attaché as utterly unwarranted and based on Consulate General have confined their cultural and information execution (ibid., Oct. 4, 1954, p. 490). See A Decade of American Foreign Policy, pp. 1178–1182. st the 155 in which which ) per ates : They 4 ctior. over ce ument 1 Herbert Hoover, Jr. cement nment 15, the whid "these 8 gain milies magt? $ Not printed. 2096 AMERICAN FOREIGN POLICY, 1950–1955 } Str na we C01 CW tor } an COI rer nai evi mi these statements is demonstrated by the facts set forth in the affidami the Department of State Apr. 14, 1950 (ibid., pp. 632–633) regarding the Czecho P. 632) regarding Elbl's statement, and (2) the statement issued to the press o slovak propaganda attack against the U. S. information Service in Czechoslovakia wit 2 Note and enclosed affidavit, regarding the efforts of Czechoslovak security Ge= agents to persuade Miss Kosmak, on the basis of her marriage plans, to renounk) activities to efforts to promote mutual understanding and friendshin between the people of Czechoslovakia and the people of the Unita States. Such activities have departed in no way from the legitimela Se functions of diplomatic and consular establishments in the cultural si information fields. of The United States Government, therefore, strongly rejects the al legations of the Czechoslovak Government made directly or is directly that Mr. Kolarek, other American official representatives, Czechoslovak employees were engaged in any improper activities i the pursuit of their duties. Mr. Kolarek concerned himself only mi ag? his official functions relating to press, information, and cultural affair and never acted in any way which might be regarded as abuse di his diplomatic office. În view of the allegations of the Czechoslovak authorities, the United States Government can only conclude that the Czechoslovak Government does not adhere to the diplomatic practice the normally observed by the community of nations. inf The methods employed by the Czechoslovak authorities to obtain a pretext for this provocative action will themselves refute the charge before the judgment of world opinion. Thus, the statements of the Czechoslovak citizens, Ivan Elbl and Ruzena Soumarova, agairall be the United States Information Service library in Praha were produced and cited by the Czechoslovak authorities only after these two forme of local employees of the library were arrested on April 6 and subjectel his to police pressure for 36 hours prior to their resignation. The Go Czechoslovak authorities also cited the declarations of Lubomir effc Elsner and Dagmar Kacerovska, two other Czechoslovak citizens formerly employed by the library, who were convicted of espionag tim and plotting against the Czechoslovak Republic in a so-called trial and sentenced to 18 and 15 years of imprisonment respectivel, prc Such "confessions" as were obtained from these unfortunate victims bet of police action resulted only after they had been arrested and pro, sys essed for approximately one month prior to the trial.1 oth The complete worthlessness of such charges as are contained in obl of the director of the United States Information Service library of Praha, Miss Katherine Kosmak, a copy of which was enclosed i the Embassy's note of April 17.2 This affidavit makes abundandr Mi clear how the Czechoslovak police tried to intimidate an America citizen in the official employ of the Embassy and exploit a person Go relationship in the effort to build a propaganda case, by any means whatsoever, against the United States Information Service and the Embassy. This affidavit reveals the hollowness of these charges and the improper conduct of the Czechoslovak police. of 1 See (?) the note of Apr. 12, 1950, from the American Embassy at Prague em Cz the Czechoslovak Foreign Office Department of State Bulletin, Apr. 24, 1 pp. 685-686. an car va ser con me. Sta EASTERN EUROPEAN COMMUNIST REGIMES 2097 Or 1 used at the of the Ministry's demand that it close its information libraries in Czechoslo- Sue Czechoslovak Government has unjustifiably insisted on the curtail- vabis with, as an immediate result of that review, that it close its Consulate acuri General in Chicago, Illinois, not later than May 1, 1950. adship The note of the Ministry asserts that the United States Information United Service libraries have functioned without legal title. The United timate States Government does not accept this unusual conception of inter- national relations. The United States Information Service libraries of the Embassy in Praha and the Consulate General in Bratislava hes! were established in Czechoslovakia as in other countries as an integral component of the official representation of the United States. Such mes , cultural and information functions are carried on without special ties i agreement as a universal element in the diplomatic life of nations today. affair The Czechoslovak Government never contested this principle sloval until it felt obliged to seek excuses for its attempt, in accordance with an emerging pattern of procedure among the Communist-dominated countries of Eastern Europe, to isolate the Czechoslovak people from ictica the outer world. The United States and other countries can only obtai infer that the present government by its demand to close the libraries harges reveals its fear of the free exchange of information and the mainte- nance of free cultural contacts with other peoples. It is only too evident that the present government is moved by fear to impose gainst barriers to the entry of truth from abroad and to the free inquiry of ducl minds at home. This obvious fear of truth is not in the tradition of the Czechoslovak people, who have shown throughout their The history a stubborn aversion to attempts at thought control. The Government and people of the United States are convinced that such efforts of the Czechosìovak Government to repress freedom of thought tizen and the desire for impartial information will never stand the test of conog time in the modern world. cively . It is, likewise, obvious that the Czechoslovak Government's professions in behalf of world peace and mutual understanding between nations lack any meaning and constitute, on the contrary, a systematic campaign to mislead the public of Czechoslovakia and other countries. The United States Government is reluctantly ed i obliged to conclude that the Czechoslovak Government no longer cares whether it observes diplomatic principles and the convention courtesy in international life. The United States Government is obliged to comply with the pri rakia and recall the press attaché, Mr. Kolarek. The Czechoslovak Government must, however, expect that its action cannot escape and serious consequences affecting various aspects of the relations between the two governments. The attitude of the Czechoslovak authorities large compels the United States Government to review the scope of activities of Czechoslovak establishments in the United States. Since 'the ment of the normal diplomatic and consular functions of the United States in Czechoslovakia it will understand the request made here- Orma jected homi I tried ictim prot dami ry of ed in antis Sona ess bis zech OUNT 415900_57-Vol. 229 2098 AMERICAN FOREIGN POLICY, 1950-1955 3 Department of State Bulletin, June 12, 1950, pp. 974-975. A Czechoslovak 22. REDUCTION OF UNITED STATES REPRESENTATION IN 23 CZECHOSLOVAKIA AND CLOSING OF CZECHOSLOVAK CONSULATE GENERAL AT NEW YORK: Note From the American Ambassador at Prague ? to the Czechoslovak Foreign Minister, May 27, 1950 3 I am directed by my Government to state that it cannot admit aslo conforming to the generally accepted principles and practices of ist international comity that a receiving state shall attempt arbitraril vid and unilaterally to determine the composition of the diplomatic rel missions of a state with which it maintains relations. Moreover, my St Government has previously rejected, and rejects once more, the allegations the Czechoslovak Government has put forward as C pretext for the reduction of United States representation in Czecho- SEE slovakia. The United States Government, furthermore, has continu- at ing confidence in the good will and traditional feeling of friend slo ship of the people of Czechoslovakia toward the United States despite fro the efforts of the Czechoslovak Government to sever friendly contacts tic between the American and Czechoslovak people. In view, however, of the repeated provocations and groundles attacks against the United States and United States representatives in Czechoslovakia during the past few weeks, it is clear that the Czechoslovak Government has belied its stated intention of promoting ha peaceful relations among nations and has made clear that it is no longer interested in maintaining normal diplomatic relations with the United States. The United States Government therefore , while ter reserving its rights and customary privileges, intends to reduce its qu official representation to conform with conditions arbitrarily imposet 95 by the Ministry's note under reference. In view of the forced reduction of its personnel in Czechoslovakia M. and in recognition of the curtailed relations between the two countries ph imposed by the Czechoslovak Government, the United States Govern ment hereby announces its intention to close its Consulate General in Bratislava and requests the Czechoslovak Government to close within two weeks its Consulate General, including the office of the commercial counselor, in New York. 1 Ellis 0. Briggs. 2 Viliam Siroky. boi note of May 23, 1950 (not printed) had requested the United States to reduce in un official personnel in Czechoslovakia to 12 persons. See also statement of May 1 of 1950, by the Department of State; ibid., p. 974. lat me me cro at Į noi 1 fro lea Car no lea offi pal 1 not 10, 195 2 EASTERN EUROPEAN COMMUNIST REGIMES 2099 reign as 8 tives ce lik unpainted border stones in line with the first barrier. No member * , ? Ibid., pp. 421-422. VIN 23. CZECHOSLOVAK CHARGES REGARDING BORDER VIO- VAK LATIONS AND RADIO BROADCASTS: Note From the American the Embassy at Prague to the Czechoslovak Foreign Ministry, June 19, 1951 1 The American Embassy presents its compliments to the Czecho- it a slovak Ministry of Foreign Affairs, and with reference to the Min- s distry's note of May 21, 1951,2 concerning the question of border marily violations, certain broadcasts in Czech and Slovak languages, and naté related matters, has the honor, pursuant to instructions of the United ; mStates Government, to make the following reply: tha With respect to the charges of violations of the border between Czechoslovakia and the Federal Republic of Germany by United echo tinu States military personnel, the Ministry's note states that on May 4, iend at 6 or 7 a. m., military personnel in two autos crossed the Czecho- :spite slovak frontier between frontier markers 22 and 23, drove around tacts frontier barriers on both sides of the frontier, studied frontier installa- tions , used field glasses and photographed certain objects. dless The Embassy informs the Ministry that the United States Govern- ment does not condone any violation of the Czechoslovak frontier by members of its armed forces whether on the ground or in the air. oting An investigation of the incident referred to in the Ministry's note is no has been made. The results of this investigation indicate that the crossing of the Czechoslovak frontier by American military personnel at the place indicated did in fact take place and that it was unin- tentional and inadvertent. The American military personnel in question entered Czechoslovak territory to the maximum depth of 95 yards and remained there approximately 5 minutes. The report received by the Ministry is inaccurate in two respects: Members of the American patrol, which numbered six men, took no photographs; furthermore, they drove around one road barrier but not two, as they stopped before reaching the second barrier. The explanation of this unwitting crossing of the Czechoslovak appears to be that all members of the patrol, including the leader, were unfamiliar with this segment of the frontier and were carrying out their first patrol in this area. Furthermore, there was no sign indicating the presence of the border which led the patrol leader to assume that the second barrier marked the international boundary . He, as well as members of his patrol, failed to see the y of this patrol realized he had been in Czechoslovakia until so informed later by the investigating officer. Although the border crossing was unintentional, the investigating officer has recommended that disciplinary action be taken against the patrol leader on the grounds that his failure to make reconnaissance 10 1951, pp. 417-418), and @zechoslovak note of July 21, 1951 (ibid., Sept 10, the h the while ce its Dosed atries vern. al in cithin ercial frontier lovat 1951, pp. 418-421). 2100 AMERICAN FOREIGN POLICY, 1950-1955 à U m SI ti From the circumstances in which this frontier violation occurred. directing this operation took care to remain inside of Czechoslovakia, intentional violation of the territory of the United States Zone o before passing the first barrier constituted a failure to exercise goed judgment. The Embassy assures the Ministry that all possible steps are being taken by the appropriate United States authorities to prevent the recurrence of such an incident. As stated, the United States Government does not tolerate an violation of the Czechoslovak frontier by members of its armed fores and by the same token will not tolerate the violation of the United States Zone of Germany by Czechoslovak personnel. In this connes tion the United States Government calls the attention of the Czecho slovak Government to two recent violations in which armed members of the Czechoslovak armed forces crossed the border. On May 24 from approximately 0930 to 1000 hours six Czechoslovak soldiers were illegally within the United States Zone of Germany at the Regnita River east of Hof in the American area. Furthermore one of these soldiers threatened a German national, Margarete Rausch, with machine-pistol while within the United States Zone of Germany. Ti At approximately 0930 May 24 two Czechoslovak soldiers dis- mounted from vehicles in Czechoslovakia, crossed the border and the Regnitz River and penetrated into the territory of the United States Zone of Germany to the depth of approximately 35 yards. The it soldiers told Mrs. Rausch that she had been cutting grass in Czecho- slovakia and must return with them. Despite her insistence that if A no time had she been in Czechoslovakia, one of the soldiers pushed ti machine-pistol into her back and forced her to return across a stream P to a place, likewise in Germany, where she had been working. Fou more Czechoslovak soldiers joined the group and laughed when she told them they were all standing in Germany. Her husband, Mar Rausch, came up and also told the soldiers they were in Germans , During the course of this conversation a seventh Czechoslovak soldier , I presumably the one in command, remained in Czechoslovak territory E near one of the border markers and finally signalled to the six soldiers who thereupon left the United States Zone. T The American military authorities were immediately notified this violation of the United States Zone of Germany and on the same morning (May 24) undertook an investigation. The investigating G officer and a sergeant while standing at the spot in Germany the Czechoslovak soldiers first intercepted Mrs. Rausch noticed two Czechoslovak soldiers partially concealed in the brush on the Czecho slovak side of the border with their weapons aimed at them. As the American soldiers started towards the Rausch house, the Czechy G slovak soldiers fired two shots, apparently not aimed at the Americas I soldiers. particularly the fact that the Czechoslovak soldier who was the Embassy is justified in drawing the conclusion that this was DE je 01 11 0! where II u olemasol S 2 CA apparent Ppt A C le 0 Germany. Between 11:00 and noon on June 6 a tractor dragging logs and car EASTERN EUROPEAN COMMUNIST REGIMES 2101 Onet by 2 were Czechoslovak authorities. The Czechoslovak Government will doubt- ing three unarmed civilians and a member of the uniformed Czecho, good slovak Security Police armed with a machine pistol, was observed crossing the border twice and penetrating the United States Zone being each time to a depth of 10 or 15 yards near Wies. The improvised & the road used by the Czechoslovak personnel was clearly in the United States Zone. After the second unauthorized entry of the armed a member of the Security Police, he was apprehended by a patrol of orce the United States constabulary. He was returned to Czechoslovak nited authorities at approximately 2330 on June 7. The United States Government considers these actions as entirely echo- uncalled for and regards the first incident as particularly flagrant. abers The Ministry is requested to undertake a careful investigation to determine who was responsible for these border violations and to insure that the guilty person or persons be appropriately disciplined. The Embassy expects the Ministry to show the same diligence in these informing it of the results of the investigation and in assuring it that ith a measures to prevent recurrence have been taken, as was shown by United States authorities in connection with the incident which is the dis subject of the first part of this note. d the As to radio broadcasts, the Czechoslovak Government asserts that itats the United States Government utilizes broadcasting stations for activ- The ities hostile to Czechoslovakia and in so doing broadcasts false news echo- and propaganda of incitement against Czechoslovakia and its people. at at Although the Ministry may by this reference intend to make accusa- hed i tions against the Voice of America and Radio Free Europe as well as purely commercial broadcasting stations, its statements on the sub- Fou ject appear to relate chiefly to Radio Free Europe. It should be made clear at once that the Voice of America represents a radio broadcasting Mes organization of the United States Government while Radio Free har Europe was organized and is operated by a group of private citizens. itory It is a division of a corporate body, the National Committee for a Free Europe, which is incorporated in the State of New York. More than 16 million American citizens are supporting Radio Free Europe. Thus while the American people have a direct interest in the activities of Radio Free Europe, the United States Government does noč. Since Radio Free Europe has established broadcasting stations in Germany the interest of the United States Government as an occupy- ing power is involved but it is limited to matters concerning frequency usage and observance by Radio Free Europe of any laws and regula- tions of the Allied High Commission that may be applicable. Radio censorship does not exist in the territory of the Federal Republic of Germany and freedom of speech prevails there as in the United States, It is believed that this policy is fully in accordance with the obligations The United States Government cannot accept the view that a responsibility exists to require the Radio Free Europe or any private American radio organization to transmit only what will please the less appreciate that freedom of expression, whether of the press, radio, or individual utterance, constitutes a fundamental principle of Ameri- l'eau n she Idier Idiers ed of Same ating There two echo s the echo- rican of international law. rred entli akia, ser ne of 2775" با ما متعجبم 2102 AMERICAN FOREIGN POLICY, 1950–1955 1 See Annex to European Broadcasting Convention, signed at Copenhagen! Sept. 15, 1948, printed by the General Secretary of the International Telecom & ti T 0 C can democracy, indeed of the Western democracies generally. Faith- fully observing the principle of freedom of information the United States Government does not attempt to censor the American press or nonofficial radio transmissions either from the United States of the United States Zone of Germany. It is not, therefore, possible or desirable to exercise control over these organizations in violation of the principle of freedom of information. Nothing in this policy violates any international agreement con- cerning Germany, or any other international agreement to which the United States Government is a party, or is contrary to any principle of international law in connection with broadcasting activities. The United States Government, therefore, fails to find any foundation for the charges of the Czechoslovak Government in this connection On the contrary in observing the principle of freedom of information to the United States Government considers that it is faithfully adhering to principles generally recognized among nations. If the Czechoti slovak Government refers in this accusation to the use of wavelengths i by Radio Free Europe allocated in accordance with the "Copenhagen Plan" 1 it should be noted that neither the United States Government nor the United States authorities in Germany were signatories to the ti Copenhagen agreement and that it is in no way binding upon them It should also be noted that even some of the countries which signed in this agreement have deviated from its frequency assignments. t Objection is found by the Czechoslovak Government to the employ- ment by Radio Free Ěurope of those persons described in the Mis istry's note as "traitors of the Czechoslovak people from the ranks d of the mercenary Czechoslovak emigration.” These men are generalit recognized by the world as political refugees simply desiring a free ant democratic government. Moreover whom the Radio Free Europe employs seems an irrelevant matter clearly not appropriate for comh sideration by the Czechoslovak Government, as it is not by the United States Government. The Ministry's note finally refers to a regulation of the Minister of Finance of the Federal Republic of Germany dated February 10 , 1931 , allegedly on the treatment of persons claiming to be agents of the Western occupation powers upon entering the territory of the Federa Republic of Germany. The United States Government is not a manip that any such notice had been officially promulgated by the Federal Republic of Germany on a matter presumably directed exclusively for to its own administrative officials and, before considering the questio further, would be greatly interested in receiving a copy of the dog ment in the possession of the Czechoslovak authorities together with an explanation of how it was acquired and what means the Czechos slovak Government has established in Western Germany for the gathering of such matter. C B C S D B munication Union, Bern, Switzerland, 1948. 0 VIWATAWAV EASTERN EUROPEAN COMMUNIST REGIMES 2103 SO 4 le or 1 Department of State Bulletin, July 16, 1951, pp. 93-94. aith.) 24. AIRPLANE INCIDENT OF JUNE 8, 1951: Note From the nited American Ambassador at Praguel to the Czechoslovak Foreign Minister, June 24, 1951 3 ress I have the honor to refer to the Embassy's Note No. 651 of June 17 and Your Excellency's reply of June 21 * concerning the unintentional landing near Prague on June 8 of two United States jet planes, the Con- pilots of which are still being detained by the Czechoslovak Govern- the ment. ciple Your Excellency's reply takes the position that notwithstanding T the unequivocal statements made by me during my conversation with you on June 15 and confirmed by the Embassy's note of June 17, the tion . Czechoslovak authorities must examine whether this really was a ation training mission and whether the Czechoslovak aerial border has truly ering been violated unintentionally.” Your communication indicates that cho the investigation is still in progress, apparently seeking thereby to igths justify the continued detention of the two pilots. lagen My Government directs me strongly to reiterate the request made mentorally on June 15 and repeated in the Embassy's note of June 17 that o the the pilots in question be released without further delay. Your Ex- hem cellency is reminded that these two young men have already been gned in the hands of the Czechoslovak authorities for 16 days, although all the information the pilots could possibly possess concerning their plos. having become lost on a training flight and their landing in Czecho- Min slovakia must have been communicated by them to the authorities calls during the first few hours, if not during tắe first few minutes after erally their their emergency landing in this country on June 8. Your Excellency is further reminded that although during our con- Trope versation on June 15 you declared the pilots are not prisoners, they con- have been and are still being held incommunicado, and efforts on the mited part of the Embassy to visit them and ascertain their personal welfare With respect to the statement in Your Excellency's note that the 193. United States planes intentionally and systematically cross the Czecho- f the Slovak border, my Government declares that such charges are false der and furthermore an unintentional crossing of the border by, lost wer planes , as occurred on June 8, does not constitute, and would not be so dend considered by nations generally, "flagrant violation of the most ivel fundamental principles of international law prohibiting any flights of stio military planes over the territory of another state without its express docu- consent.' Furthermore, with reference to 116 alleged violations of Czecho- echoslovak territory referred to in the enclosure to Your Excellency's the note of June 21, it is remarked that no identification numbers and no description of any kind concerning the planes are given, and See also statement and have been unavailing. cer o 2&gen 1 Ellis 0. Briggs. 2 Viliam Siroky, econ 8 Not printed. 2104 AMERICAN FOREIGN POLICY, 1950–1955 ul W. al ET P] rC tr or fo in It st of ar ha a tł sentenced to 10 years' imprisonment, subject to reduction to 5 years for good be (XIII), Sept. 1, 1951; Economic and Social Council, Official Records, Thirteenth The Czechoslovak Government therefore it is difficult for a proper investigation to be made by the appropriate authorities. I may mention that the Embassy alread brought to the Ministry's attention the importance of specific data to support alleged violations. In view of the fact that it was not the intent of the flight to enter Czechoslovakia, the presence of guns and ammunition therein wa unintentional vis-à-vis Czechoslovakia as was the presence of the aircraft themselves. Loaded guns are frequently carried on United States military aircraft on operational training flights within the United States Zone as is common of air forces of all nations when plane are over territory within their jurisdiction. The key point in the matter after all is that the planes were lost and did not cross the Czechoslovak frontier by intention. I must again remind the Ministry, as the Embassy did in Note Na 558, February 7, that no reply was received to the Embassy's Note No. 422, August 28, 1950, requesting that investigation be made of a number of violations of the United States Zone of Germany by Czechoslovak aircraft. The aircraft guilty of these violations were described in detail. Also, the requested assurances that suitable instructions be issued to Czechoslovak aviators to prevent such violations have not been received. Furthermore, the Embassy has been informed that such violations are continuing: The United States Government does not admit the right of Czecho- slovakia to continue to detain the two pilots of the jet planes landing here unintentionally on June 8, the immediate release of whom again requested. 25. OATIS CASE: Statement by the Department of State, July 4, 1951 : The mock trial of the Associated Press representative at Prague William N. Oatis, has now been brought to a conclusion. The sentencing is but an epilogue to this ludicrous travesty of justin in which the victim was required to speak his prefabricated "COL- fession” as a part of a public spectacle exhibiting all the usual Com 1 Not printed. 2 Not printed. Department of State Bulletin, July 16, 1951, pp. 92–93. arrested Apr. 23, 1951. On July 4, 1951, he was found guilty of espionage and to rials relating to the Oatis trial, see ibid., Aug. 20, 1951, pp. 283–288, and Sept. 2 1951, pp. 489-490. See also H. Con. Res. 140, Aug: 23, 1951; infra. For the text of remarks regarding the Oatis case by Walter Kotschnig, 'U.s. Represents : Bulletin, Aug. 20, 1951, p. 289; see also Economic and Social Council Res. , informed the American Embassy on May 15, 1953, that Mr. Oatis had been part doned; Department of State Bulletin, June 1, 1953, p. 785. exchange of letters between Secretary Duiles and Mr. Oatis, see ibid., Oct. 12 1953, p. 491. le A da CO to ar 3 pl th a ali in DIE 3 Mr, Oatis Fas in th ar For the texts of mate m TE ju For the subsequent / SE EASTERN EUROPEAN COMMUNIST REGIMES 2105 read enter I Were State Bulletin, June 11, 1951, p. 932. y the munist trial techniques. This was prepared and rehearsed in advance under police auspices and by customary Communist police procedures ata when Oatis was held incommunicado for 70 days between his arrest and presentation in court. The proceedings revealed the flimsiest kind of alleged "evidence,” even more insubstantial than the Communists are accustomed to of the produce in trumped-up trials of this type. For example, the normal nited routine requests of the Associated Press for news reports, openly n the planes transmitted by wire, were distorted into "espionage missions on orders from centers in New York and London." in the Such an attempted hoax on the intelligence of world opinion will s the fool While it had all the trappings of legal procedure, it was e M in fact a kangaroo court staged before the klieg lights of propaganda. Its purpose was purely intimidation and propaganda designed to USSF strike at the United States press services and against the free press in be of the world. man The "confession" of "espionage” was in truth but the admission of an American reporter that, in the high traditions of his profession, table he was attempting under the most unfavorable conditions to report such a true picture of conditions and events in Czechoslovakia as he saw has 7 them. echo- The Czechoslovak regime has clearly demonstrated that it considers " As the prosecutor publicly stated, Oatis was held to be a particularly dangerous “espionage” agent because he insisted on obtaining accurate, correct, and verified information. To do this is "a crime,” according to the concepts of the present Czechoslovak authorities, who find any press activity except the transmission of official propaganda to be "espionage." The Czechoslovak Government thus rejects com- pletely the principle of freedom of information. It is presumed that press of the free world will so view this turning back of the clock. The proceedings of this especially arranged spectacle also included a number of groundless accusations against the American Ambassador COM and other members of the United States Embassy staff. These were invented as a part of the entire propaganda performance in attacking This action comes as a climax in the treatment of American citizens in Czechoslovakia. It has accordingly been necessary to recognize that it is no longer safe for American citizens to go to that country a be and to prohibit private travel there until further notice. If further evidence were needed, the arrest, the detention for months without access to friend, Embassy representative, or trusted the legal counsel, the forced confession" to fabricated charges, the est- shabby "conviction" of William N. Oatis shows that the present regime in Czechoslovakia fears truth, hates liberty, and knows no See statement of June 2, 1951, by the Department of State; Department of om is - the ague, The stice Conia the United States. and "ague nate 1 1.24 State justice. 389 eenth ment par went 12 2106 AMERICAN FOREIGN POLICY, 1950–1955 26. OATIS CASE: House Concurrent Resolution 140 (82d Congress, 1st Session), August 23, 1951 1 SC al ai 01 WHEREAS the arrest and conviction of William N. Oatis, corr- th spondent for the Associated Press in Prague, Czechoslovakia , is i b] shocking violation of the fundamental human freedoms guaranteed in the United Nations Charter; and WHEREAS the treatment of William N. Oatis demonstrates that the th Czechoslovak Government has willfully repudiated the principle din free information which is so essential to peaceful cooperation and se friendly relations among the people of the world; and al WHEREAS the persecution by the Government of Czechoslovakia of other American citizens is condemned and deplored by the people th of the United States, and throughout the free world: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That the Congress of the United States expresses its profound is G dignation at the arrest, sham trial and unjust conviction of William N. Oatis; that the executive agencies of the Government be requested do to take all possible action to bring about his release; and that the I sense of this resolution be conveyed by the proper officials of ou Government to the United Nations and to the officials of the Czechoth slovakian Government. Be it further resolved, That it is the sense of the Congress that al F commercial relations with Czechoslovakia should be terminated 19 immediately, and should be resumed only if and when the Govern ment of Czechoslovakia restores to William N. Oatis his freedom. al no ot es 0 01 27. CZECHOSLOVAK CHARGES REGARDING AMERICAN POLICY IN GERMANY: Note From the American Embassy Prague to the Czechoslovak Foreign Ministry, September 24 , 1951 2 hi M D ad se 01 er fr The American Embassy presents its compliments to the Czecho slovak Ministry of Foreign Affairs and has the honor to reply, on instructions from its Government, to the Ministry's note of Augusto 1951, setting forth various charges about U.S. policy in Germany and the activities of the Sudeten population transferred to German The Embassy emphatically rejects the allegation that the US Government is fostering militarism and irredentism in German Such charges have no basis whatever in fact and the Embassy can only conclude that such completely unfounded charges are made for the 165 Stat. B 81. See also summary of remarks of Aug. 29, 1951, by Secretary Acheson to Vladimir Prochazka, the newly appointed Czechoslovak Ambassador ; Department of State Bulletin, Sept. 10, 1951, pp. 416,417. 2* Ibid., Oct, 15, 1951, pp. 629-630. 3 Ibid., pp. 628–629. b g ti EASTERN EUROPEAN COMMUNIST REGIMES 2107 3 Germany, 1947–1949: The Story in Documents (Department of State publica- tion 3556; 1950), pp. 283-305. 1 CONTE vakis 2d sole purpose of endeavoring to mislead the peoples of Czechoslovakia and other countries. As indicated in the Embassy's statement of November 8, 1947, the objective of the U.S. authorities in Germany has been, and is, to is el bring about as soon as possible the assimilation of Germans trans- ated ferred from Czechoslovakia to the U.S. zone into the German economy and social structure as well as the identification of their interests with at tel those of Germany. This purpose is, of course, being accomplished led in a democratic manner, permitting organizations among such persons and seeking to protect or improve the welfare of members, and permitting also peaceful and orderly expression of views. The basic democratic principle of free expression of views including eople those not concurred in by others is apparently not understood by the efore present Government of Czechoslovakia. Strict controls over freedom of speech such as are imposed on the people of Czechoslovakia do not ring) accord with democratic traditions on which the Federal Republic of de Germany, as well as the Western occupying powers, is based. llien In pursuance of the policy of fostering the development of free and este democratic institutions in Germany, the Occupation Statute of April t the 10, 1949,2 was enacted. Under this statute the U. S. authorities f or no longer exercise control over the establishment of organizations in echo- the U.S. zone which engaged in political activity. The activities of such organizations are within the scope of the Constitution of the Federal Republic of Germany, which became effective on May 22, nated 1949. This constitution does not provide for controls by a single totalitarian party, such as once existed in Nazi Germany and now exist in certain other countries. The Ministry has protested because Franz Bluecher, Vice Chancellor of the Federal Republic of Germany, attended a meeting at Frankfort on July 1, sponsored by the Union of East German Compatriots, and CAN made a statement described by the Ministry as "provocative. The U.S. Government has found no evidence that Dr. Bluecher in his statement manifested "aggressive designs” as alleged by the Ministry and regrets that his remarks were distorted in this fashion. Dr. Bluecher spoke of the Charter of East German Compatriots adopted August 5, 1950, and took as his principal thesis the following sentence from the charter: "We, the expellees, renounce all thoughts of revenge and retaliation and shall support with all our strength every endeavor directed towards the establishment of a United Europe in which nations may live in freedom from fear and force.” The U.S. Government fails to understand how a speech based on concept of "a united Europe in which nations may live in freedom from fear and force” which appears to accord with the interests and hopes of all European peoples, is considered “provocative" and "ag- gressive" by the Czechoslovak Government. at all Ver- m. sy at 29 . echo On ist 6 nang tant U.S. the only - the etary ador ? Ibid., p. 629. A Decade of American Foreign Policy, pp. 586-588. 2 2108 1950-1955 AMERICAN FOREIGN POLICY, in to 0 in Steps are now being taken toward the ideal of such a united Europe by various democratic Governments in Europe, including the Federal Republic of Germany. This development is encouraged by the U.S. Government as an important contribution to the stability, peace , and progress of Europe so that smaller nations can live in security and freedom, without fear of attacks and impositions by powerfd neighbors such as took place in Central Europe prior to and during t the last war, and again in Eastern Europe since 1945. t The U.S. support of peaceful international cooperation in Europe S provides a striking contrast to the apparent intent of the Czechoslovak Government as evidenced by the note under reference and other acts . By consistent distortion of facts, by attacking freedom of expression and information both at home and abroad, by seeking to prevenir contact between the people of Czechoslovakia and other peoples db Europe whereby free international cooperation may be achieved, the Czechoslovak Government is contributing not to peace but to inte creased international tension. Such actions, in the view of the fa Government, are not in the interest of the people of Czechoslovakis or of Europe as a whole. Despite the accusations of the Czechoslovak Government that the M policy of the United States and its allies is aggressive because con- sideration is being given to including German armed units in European ir defense forces, the reasons for the present strengthening of West in European defenses is clear to all who objectively examine postwar on developments. At the close of the war the United States and other Western countries, looking forward to a peaceful future after years po of bloodshed, effectively demobilized their forces. tu In contrast the Soviet Union alone maintained vast numbers of men under arms. At the same time that country embarked on a policy of breaking agreements designed to serve as the basis of th future peace, initiated a policy of conquest and threatened Europeat co peace further by arming satellite regimes, including that established w in the Soviet zone of occupation in Germany. H The free countries of Europe, in cooperation with the United States en had no recourse therefore but to take measures for common defenses While undertaking such a program, however, the concept of a unite si Europe is not lost sight of but strengthened. The Czechoslovak se Government in abetting Soviet propaganda and tactics appears stand firmly opposed to efforts of free countries to ensure their freedom and working peacefully together. th ce VE to ge er In i : tr he al EASTERN EUROPEAN COMMUNIST REGIMES 2109 authorities regarding the train; ibid., pp. 627–629. acts . treatment of four Czechoslovak officials who, according to the Czechoslovaks, had been sent to the U.S. Zone in Germany to negotiate with United States rope 28. TRAIN INCIDENT OF SEPTEMBER 11, 1951: Note From the deral American Embassy at Prague to the Czechoslovak Foreign the Ministry, October 1, 1951 1 Buce urity The American Embassy presents its compliments to the Czecho- erful slovak Ministry of Foreign Affairs and has the honor to acknowledge iring the Ministry's note of September 20 with an enclosure concerning the unscheduled departure from Czechoslovakia for Germany on trop: September 11 last of a train carrying approximately 100 persons, a Oval number of whom have since freely indicated their desire not to return to Czechoslovakia. In this connection the Ministry makes a number ssion of assertions, accusations, and complaints, as well as several requests, vent in regard to all of which the Embassy has been directed to reply on es of behalf of the American Government as follows: , the The contents of the Ministry's note, and of publicity simultaneously Dilemanating from official sources in Prague on the same subject, seem founded on the notion that the train in question was seized by Czecho- rakia Slovak “terrorists” and that this seizure was part of a conspiracy involving these so-called terrorists and certain foreign agents. The t the Ministry implies that these conjoined forces are sinister, and their COD- purposes hostile and furthermore, that their behavior has been pean irritating to the Czechoslovak Government. The Ministry further West implies that the Czechoslovak Government would like to get its hand on the persons who ran off with their train. other The Ministry's note employs this fiction apparently with the Tean purpose to conceal, if possible, the fact that the direction and depar- ture of the train from Czechoslovakia was an unaided undertaking of ns of certain citizens of that country who adopted this somewhat uncon- on & ventional method of leaving the country and simultaneously indicated is of their attitude. It is noted, moreover, that this explanation does not peer conform with the original attempt to intimate that defective brakes were responsible for the entry of the train into Western Germany. However much the Czechoslovak Government has chosen thus to cates explain the occurrence or attempt thereby to keep from the Czecho- ense slovak people the actual circumstances of this departure, the United nited States cannot understand how the Czechoslovak authorities can novel seriously attempt to use this fiction in a diplomatic note to a foreign government. To declare that a foreign agency aided in the execution of this enterprise is not only contrary to the facts but underestimates the ingenuity of the Czechoslovak citizens concerned, in which connection the Embassy has been authorized to make clear that the part played by the American Government in the episode in question has been limited to action by the United States authorities in Germany in Department of State Bulletin, Oct. 15, 1951, pp. 626-627. See also Czecho- slovak note of Sept. 20, 1951. and the U.S. reply" of Oct. 1, 1951, regarding the strar ished as to their 2 Ibid., pp. 624-625. 2110 AMERICAN FOREIGN POLICY, 1950-1955 n à 8 ( ( C С. that is, as soon as their wishes had been ascertained and necessary arrangements for their return had been completed. The remaining granting political asylum to all those asserting that they did not desire to return to Czechoslovakia. According to such information as has come to the knowledge of the United States Government, recent departures from Czechoslovakia have been effected among other means by such vehicles as bicycles , automobiles, and trucks, as well as considerable assortment of a planes and even a glider, whereof the train is merely the latest and largest conveyance to be employed. In addition there has been rather substantial exodus of Czechoslovak citizens proceeding on fock World opinion has not been accustomed to hold, as the Ministry ap- parently attempts to do, that such persons who have sought to leave their country in order to obtain political asylum abroad are "terrorists and "criminals." Based on records of the United States authorities in Germany, one quality which these Czechoslovak citizens coming to Western Germany have in common is the desire for human freedom . The American Government accordingly rejects the assertion that "grave crimes" were committed in an action involving the departure from Czechoslovakia for political reasons, or that the activities could be considered to come within the purview of the extradition treatī mentioned in the Ministry's note. In this connection reference is made to the United States position when the Czechoslovak Goveri- ment asked for the extradition as "criminals” and “terrorists” persons leaving Czechoslovakia for political reasons by three Czechoslovak transport planes which landed at Erding Field near Munich on March 24, 1950. It was explained at that time that no basis in law exists for making or complying with such an extradition request. Neither the Extradition Treaty of 19252 nor any other treaties presently in force between the United States and Czechoslovak Governments d fi can be considered applicable to the question of returning from the United States Zone in Germany any of those now accused by the Czechoslovak Government. It may be noted that Article III of the Extradition Treaty specifically excludes its application to any crime C or offense of a political character and recognizes the right of the state receiving an extradition request to decide whether a case is of a polit cal character. The United States has never recognized, as is also the case with many other countries, any obligation to extradite in the 2 absence of a treaty. No basis therefore exists for the charge of the Czechoslovak Government that the United States has contravenet any principles of international law or the stipulations of the Extra dition Treaty. The train in question had aboard approximately 100 persons why t it reached Germany. Those who of their own free volition expressedo t desire to return numbered 79 individuals, all of whom, except two, we permitted to depart from Germany within two days of their arrive Unite 1 See the U. S. notes of Apr. 6, 1950 (Department of State Bulletin, Apt 1950, pp. 595–597), in reply to Czechoslovak notes of Mar. 30, 1950 (ibid, pa 597-599). Treaty of July 2, 1925; Treaty Series 734 (44 Stat. pt. 3, p. 2367). ti 0 a من مع ع Ա C a F EASTERN EUROPEAN COMMUNIST REGIMES 2111 not eare ming ce is Pern- ISONS 2 Department of State Bulletin, Dec. 22, 1952, p. 985. States custody all appropriate facilities were provided for their comfort and welfare. The Czechoslovak Government may care to I the note how the United States authorities carried out this obligation of shi comity in comparison with the retention by Czechoslovak authorities cles for 26 days of two Western jet pilots in the United States jet planes who, on becoming lost and running out of fuel, were obliged to land and near Praha on June 8.1 beer The train itself, which has been in the custody of appropriate foot authorities, will be released at the frontier near Asch. It will not be necessary for Czechoslovakia to send a delegation to Germany for this 7 Allo purpose. It may be pointed out in this connection that the Ministry ists" did not proceed properly in attempting at the outset to obtain a cities release of the train by sending four representatives to the United States Zone without official notification to the United States Govern- domi. ment. that Finally, note is taken of the statement in the communication under rtune acknowledgment to the effect that Czechoslovakia seeks to reserve the jould assertion of a claim for "full compensation for damage caused to the eaty Czechoslovak state," in reply to which the Embassy is directed to observe that whenever Czechoslovakia may feel impelled further to promote this project, that the Government may expect to receive a counter-claim including various expense incurred by the American Government in connection with the train in Germany. As of probable interest to the appropriate Czechoslovak authorities, the Embassy encloses the original signed statement of seven passengers on the train, six of whom were listed in Annex A of the Ministry's note ently as being "forcibly abducted against their will and unlawfully nents detained.” As the Ministry will observe, no assertion could be farther from the truth. Since the Czechoslovak Government has already published its f the communications of September 20 to the American Government, it is crime requested that comparable publicity be given by the Czechoslovak Government to this communication. polis the 29. THE SLANSKY TRIAL: Statement by the Secretary of State, December 10, 19522 tened The recent trial of Slansky 3 and others which concluded with the imposing of drastic sentences of death or life imprisonment for all of the accused is another in the series of staged spectacles patterned on purge trials at Moscow during the 30's. There is nothing new or unexpected about it. This show trial in which Stalinist communism devours its own children, and some of its most faithful votaries, has been repeated time and again to sound a macabre warning to those Communist leaders See the U.S. note of June 24, 1951; supra, doc. 24. .. , ?? [arch exists either 1 n the the state o the 1 xtra- 24 ssed the Ivar ripa! Ssar ining nital pr. 14 Party. 2112 AMERICAN FOREIGN POLICY, 1950–1955 W The note charged that two.U.S. mili who survive. We may expect it to recur in the Soviet empire wherever fe it is deemed necessary to teach the lessons of utter unquestioning G dependence upon the Kremlin and unswerving and successful comb pliance with its purposes. W It is an elaborate pretense with innumerable false charges, forced 19 testimony, and induced confessions but its essence is a technique of totalitarian control. It is designed to terrorize satellite regimes , to vi punish them for shortcomings, to compel greater exertions, to produm scapegoats, and to provide a propaganda demonstration of the cc Kremlin's favorite hates whether states, organizations, or individual of the free world. ta As to the anti-Israel, anti-Zionist and anti-Jewish aspects of the an trial, occasion was taken to introduce numerous hostile allegations at against the Zionist movement and the State of Israel. It is not yet clear what consequences this development may have for Jews generali in Czechoslovakia and in other satellite areas of Eastern Europe, The record of the proceedings presents an interesting review of el the deficiencies of the regime in Czechoslovakia since the February 3 coup as adjudged by Moscow. That it was necessary to have this trial is evidence of Moscow's dissatisfaction with what the Communists have done or failed to do in Czechoslovakia, especially with (the) per- formance of that country in the economic sphere. 30. AIRPLANE INCIDENT OF MARCH 12, 1954: Note From the ti American Embassy at Prague to the Czechoslovak Foreign Mir M istry, March 24, 1954 1 C The competent American military authorities have made a detailed vo investigation of the incident alleged in the Ministry's note ? and here po found that two American aircraft on a routine training flight did it fact through error in navigation cross the Czechoslovak border el T approximately the hour stated in the Ministry's note and thus peze in trated inadvertently into Czechoslovakia. Unaware of their errol , these aircraft were peacefully returning to their base when set upor without warning by Czechoslovak fighter aircraft who crossed into ne the territory of the German Federal Republic. The investigation established without any question that no warning was given by the Czechoslovak aircraft before opening fire and despit this hostile act neither of the American aircraft ever fired upon of attempted to fire upon the Czechoslovak aircraft. Reports from th reliable witnesses and empty shell cases found within the territory & the German Federal Republic confirm that the attack was carried t] at 1402 hours central European time at an estimated altitude of 6,00 b 1 12, . . a Čzechoslovak airplane, and attempted to attack the latter. The note also stated that the Czechoslovak airplane had fired in self-defense. The note pro tested against "this repeated serious violation of Czechoslovak airspace." CI W to 11 CU 01 5 EASTERN EUROPEAN COMMUNIST REGIMES 2113 1 Department of State Bulletin, June 7, 1954, p. 881. reve feet when the American aircraft were flying over the territory of the oning German Federal Republic. This penetration of the German border com by the Czechoslovak MIG 15 fighter took place near the town of Waldmuenchen, longitude 49 degrees 23 minutes north and latitude orced 12 degrees 43 minutes east. ue of The Embassy wishes to express its regrets for the unintentional es , i violation of the Czechoslovak territory by American aircraft but oduce must at the same time protest against the unjustifiable hostile acts f the committed by Czechoslovak fighters against American aircraft. duak The Embassy wishes also to request that investigation be under- taken regarding both the unwarranted attack on American aircraft of the and the violation of the territory of the German Federal Republic by utions at least one Czechoslovak MIG 15 fighter plane. The Embassy it ye would appreciate being informed of the results of the investigation as erally well as disciplinary action taken against the guilty persons involved. of al ruar this 31. CZECHOSLOVAK PROTEST REGARDING ARRIVAL OF AMERICAN BALLOONS IN CZECHOSLOVAKIA: Note From inists per the American Embassy at Prague to the Czechoslovak Foreign Ministry, May 24, 19541 The American Embassy presents its compliments to the Czecho- slovak Ministry of Foreign Affairs and has the honor, upon instruc- m the tions of the U. S. Government, to refer to the Ministry's note of Mr May 5, 1954, concerning the arrival of balloons in Czechoslovakia. The U. S. Government is informed that the Crusade for Freedom Committee has sent messages to the people of Czechoslovakia by the tailed vehicle of balloons. The Crusade for Freedom, an organization of here private citizens, is supported by millions of Americans and expresses id in the aspirations of the American people for the freedom of all peoples. The messages, it has been learned, transmitted news items and dis- pene cussed concrete goals in which the Czechoslovak people would be The operation was undertaken by this private organization and into neither the U. S. Government nor the U. S. authorities in Germany were involved. The U. S. Government rejects the protest of the rning Czechoslovak Government which is without foundation. As has been previously suggested, the United States holds firmly to the view that there must exist unobstructed communication be- from tween peoples if nations are to live in peace and freedom with one another. When a government violates this principle by trying to insulate its people from the world of ideas without, it is only natural that efforts will be made, both inside and outside that country, to break through the insulation. The choice of balloons as a means of communication in the present instance indicates that the Czecho- er at Sprut interested . Upob espite on 0 ed or 6,00 mili Follo ខ also pro July 20, 1953 (ibid., p. 211). ? Not printed. 415900_57--Vol. 2 -30 2114 AMERICAN FOREIGN POLICY, 1950-1955 zo slovak Government continues to deprive the Czechoslovak people d 3 the possibilities of free contact with other peoples, the free exchang of ideas and the free reception of uncensored news. It is understandable that the American people would seek by such means as are available to maintain contact with the people of Czechos slovakia with whom they had formerly enjoyed free association and with whom they share many common traditions and beliefs. THE American people take a profound interest in the welfare and futurs of the people of Czechoslovakia. The leaflets borne to Czechosle vakia express the interest of the American public in seeing the welfar of the people there improved through the attainment of a series al goals. Notwithstanding, the Czechoslovak Government claims that these leaflets were subversive and inciting. It consequently appear that in the eyes of the present regime in Czechoslovakia discussion of concrete steps to better the lot of the common man in that country to is subversive in nature. th If the Czechoslovak Government desires that this form of cons munication between peoples not be utilized, it lies within its power to remove the need for such media by opening the barrier to free acom to the people of Czechoslovakia. The United States is convinced th that free contact between peoples everywhere will contribute great to support world peace in which the Government of Czechoslovakit professes continuing interest. The U. S. Government would have no basis for interfering with attempts by private American organization to establish communication with the people of Czechoslovakia and convey to them the interest of the American people in their fate . S $1 U 8. CO G 32. BORDER INCIDENT OF JULY 4, 1954: Note From the Amer. can Embassy at Prague to the Czechoslovak Foreign Ministry July 7, 19541 81 A CI CI t G : . [names and rank 21 The Embassy of the United States of America presents its compu ments to the Ministry of Foreign Affairs and has the honor to stale that United States authorities in Germany have reported that the following members of United States armed forces are now in the custody of Czechoslovak border authorities. of personnel]. These soldiers were proceeding innocently, withow arms along the border in the vicinity of Barnau on July 4 when the were seized by a Czechoslovak patrol at approximately 1830-190 The Czechoslovak border patrol in this area has already acknowledge that these American soldiers are in Czechoslovak custody. The Government protests in the strongest terms this abduction of America soldiers and demands their immediate return to U.S. authorities i Germany. | Department of State Bulletin, July 19, 1954, p. 91. were returned to U.S. custody on July 15; ibid. 2 The men later were identified as Capt. Jack M. Davis, Corp. John F. Glasses and Privates Leonard Tennis, J. W. Griffith, John F. Switzer, Richard J. Jumper and Ross F. McGinnis. [Footnote in Bulletin) 0 to a! 0 11 S The abducted personnel EASTERN EUROPEAN COMMUNIST REGIMES 2115 TIAS 1591; 61 Stat., pt. 2, p. 1180. zecha Sir: tiesa LS erica and Czechoslovak note of Mar. 11, 1953, to the United States (ibid., p. 474). State; ibid., Mar. 26, 1956, pp. 513-514. Department of State Bulletin, Aug. 30, 1954, pp. 302–305, 308–309. Not re- pled 33. AIRPLANE INCIDENT OF MARCH 10, 1953: Application by chang the United States to the International Court of Justice, March 22, 1955 1 y such en and 1. This is a written application, in accordance with the Statute and TT Rules of the Court, submitted by the Government of the United futur States of America instituting proceedings against the Government of hoch Czechoslovakia on account of certain wrongful acts committed by Telia MIG-type aircraft from Czechoslovakia within the United States zone of occupation in Germany on March 10, 1953. The subject of the dispute and a succinct statement of the facts and ppear grounds upon which the claim of the Government of the United ussic States of America is based are adequately set forth in a note delivered punts to the Czechoslovak Government on August 18, 1954._A copy of the note is attached to this application as an annex.3 The Czecho- com slovak Government has failed, although the time therefor has long werd since elapsed and although the United States Government bas duly acca urged the Czechoslovak Government to make reply, to respond to Finch the United States Government's note, but the Czechoslovak Govern- creatment asserted its contentions in prior diplomatic correspondence on pvaki this subject, and the nature of those contentions is adverted to in the 2. The United States Government notes that the present dispute concerns matters of the character specified in Article 36 (2) of the • fate Statute of the Court, including subdivisions (a) through (d). As will be seen from the annex, the legal dispute of the United States Government with the Czechoslovak Government involves, among Imeri. other questions of international law, the scope and application of nistry international obligations relating to the overflight of intruding military aircraft, embodied in part in the Convention on International Civil Aviation, adopted December 7, 1944; 4 the duties of the ground controllers and pilots of intruding military aircraft with respect to interception and identification by patrolling domestic aircraft in the country of intrusion; the content and application in case of such over- flight of obligations to signal between patrolling and intruding aircraft; om the nature of the rights, prerogatives and powers of the United States Government and the United States Air Force in the United States zone of occupation in Germany with respect to the control of air Department of State Bulletin, Apr. 18, 1955, pp. 649–650. See also statement Apr. 5, 1955, by the Department of State (ibid., pp. 648–649); American notes to Czechoslovakia of Mar. 10, and 13, 1953 (ibid., Mar. 30, 1953, pp. 474-475); jurisdiction. The Court announced on Mar. 15, 1956, that the case had been removed from its docket. See statement of Mar.'16, 1956, by the Department of A Decade of American Foreign Policy, pp. 140-155. annex. ave no ation and to ompli: state at the ithout 2 ther -1900. ledged U.S. ies i rsonnel 2 3 lassot printed here. umper 2116 AMERICAN FOREIGN POLICY, 1950-1955 ai case. deem to be fit and proper; and that the Court make all other necessary traffic in general and the overflight of foreign military aircraft; to gether with numerous issues of fact which if resolved in favor of the U United States Government would constitute breaches of international obligation by the Czechoslovak Government; and the nature and extent of the reparations to be made by the Czechoslovak Government to the United States Government for all these breaches. The United States Government, in filing this application with the Court, submits to the Court's jurisdiction for the purposes of this The Czechoslovak Government appears not to have filed al declaration with the Court thus far, although it was invited to do so T by the United States Government in the note annexed hereto. The Czechoslovak Government, however, is qualified to submit to the jurisdiction of the Court in this matter and may upon notification d this application by the Registrar, in accordance with the Rules of the Court, take the necessary steps to enable the Court's jurisdiction ore both parties to the dispute to be confirmed. The United States Government thus founds the jurisdiction of this Court on the foregoing considerations and on Article 36 (1) of the Statute. 3. The claim of the Government of the United States of America 3 is briefly that the Government of Czechoslovakia on March 10, 1953 willfully and unlawfully caused MIG-type military aircraft to overfor the Czechoslovak-German border, and without any provocation, pursue and attack United States Air Force F-84-type aircraft which Ja were engaged in peaceable routine patrol of the air space within the df United States zone of Germany, destroying one F-84-type aircraft and causing physical injury to the pilot thereof, an American national as well as other damage specified in the annexed note. The Unitet States Government claims that in the circumstances described in the annex these actions constituted serious violations of international th obligation on the part of the Czechoslovak Government. For these breaches of international obligation the United States Government has demanded and demands monetary and other reparation from the Czechoslovak Government. A At earlier stages of the diplomatic negotiations, which must por be determined to have been exhausted, the Czechoslovak Government asserted an entirely contrary version of the facts, which in the annexed note. The United States Government, in further pleadings herein, will more fully set forth such issues of fact and the issues of law in this dispute, for the purpose of hearing and decision by the Court in accordance with the Statute and Rules. It 11 request that the Court find that the Czechoslovak Government is liable to the United States Government for the damage caused; the the Court award damages in favor of the United States Government against the Czechoslovak Government in the sum of $271,384. I with interest, and such other reparation and redress as the Court may orders and awards, including an award of costs, to effectuate ili determinations. ವಜ ಹೊಸ 0] ei ZE described Epis ſe com ai mi re d . EASTERN EUROPEAN COMMUNIST REGIMES 2117 aiment iono 1 over 3 , , . released by the Hungarian authorities on Apr. 28, 1951 (see statement of that Department of State Bulletin, Jan. 16, 1950, pp. 95-96. 4. The undersigned has been appointed by the Government of the the United States of America as its agent for the purpose of this application tion and all proceedings thereon. e and Very truly yours, HERMAN PHLEGER The Legal Adviser th the of the of this Department of State d ang do se THE REGISTRAR OF THE The INTERNATIONAL COURT OF JUSTICE, to the The Hague, Netherlands. of the of this F. Hungary of the nerid 34. VOGELER CASE: Note From the American Minister at Buda- 1953 verify pest? to the Hungarian Foreign Minister, February 1, 1950 3 on, I have the honor to refer to the Hungarian Government's reply of January 7, 1950,4 to the note which I communicated to you under rcraft date of January 3 ó concerning the case of Mr. Robert A. Vogeler. I am instructed by my Government to state that it regards the Inited above-mentioned reply of the Hungarian Government as wholly un- satisfactory. The Hungarian Government cannot, in the view of my government, avoid its international responsibilities and obligations in these the Vogeler case by asserting this matter is entirely an internal affair Hungary. The United States Government considers that it has every right to concern itself with the treatment of this American citi- zen, who has been detained for over two months without access to American Consular representatives or, so far as I am aware, to legal counsel. The United States Government will continue to concern itself with Mr. Vogeler's situation and until his release will hold the Hungarian Government responsible in every particular as regards In an interview on January 19 the Deputy Prime Minister of Hun- gary informed me that, in spite of the repeated representations of the United States Government, Mr. Vogeler would shortly be brought to The United States Government cannot accept such action as ment on charges of espionage and sabotage; ibid., Mar. 6, 1950, p. 378. He was date by the Department of State, infra, doc. 36). to which the ional n the tional of ment m.the DOW ment ribed rther his well being d the CISIOI : 11 ut is trial. men 4.16 mit 1 Nathaniel P. Davis. ? Gyula Kállai. SSATT e.it * Not printed. 2118 AMERICAN FOREIGN POLICY, 1950–1955 ex note otherwise, will be allowed to attend the trial and that American During my interview on January 19, the Deputy Prime Minister 1 Department of State Bulletin, Jan. 2, 1950, pp. 21-22. See also Hungarian O justified, especially since the Hungarian Government has refused as a give me any explanation of the charges against Mr. Vogeler and he refused all of my requests concerning an opportunity for America th Consular Officers to see him. The Deputy Prime Minister further informed me that the trield to Mr. Vogeler would be public in order that the world might judge the ob correctness of Hungarian justice and assured me that Mr. Vogeler would have full opportunity to defend himself and might have sin many Hungarian lawyers as he desired. In the light of these assu, un ances, I am directed by my government to invite your attention up the following: Without prejudice in any way to its continuing demand for ME Vogeler's prompt release and liberty to depart from Hungary or to the reservation of rights respecting possible claims contained in my of December 20, 1949, the United States Government asserts the right of Mr. Vogeler to the services of legal counsel retained on his behalf irrespective of the membership of such counsel in the Hun- garian bar. In this connection, the United States Government requests that the Hungarian Government agree to the immediate th entry of a private American lawyer and such assistants as he may to require, whose purpose will be to consult at once with Mr. Vogeler and the Hungarian legal counsel retained on Mr. Vogeler's behalf and to associate himself, together with his assistants, in the preparation d si Mr. Vogeler's defense. Arrangements are now being made for the retention of such an American lawyer, whose name will be communion cated promptly to the Hungarian Government. TI The United States Government insists that American Consoler Officers and the legal counsel retained on Mr. Vogeler's behalf be afforded immediate and thereafter continuous access to Mr. Vogelere with assurance of adequate opportunity to converse freely with him , St prepare his case, and inquire fully into all matters which the Consular Officers, his legal counsel, or Mr. Vogeler may consider pertinent for 1 T discussion. The United States Government requests also that the th Hungarian Government give unqualified assurances that the legal counsel serving Mr. Vogeler will be wholly free to represent thér client in a forthright manner and to conduct the latter's defense in s ga manner best calculated to serve his interests. Further, States Government requests that Mr. Vogeler's legal counsel and the American Consular representatives observing the trials shall hare free access day by day to the verbatim record of the proceedings of the court in this case. The United States Government also desires assurance that representatives of the American Legation, Consular e bem same purpose will be permitted to do so and will be admitted to the sessions of the court. note of Dec. 24, 1949; ibid., Jan. 16, 1950, p. 96. as mi 91 of the United &C re CO th G pp EASTERN EUROPEAN COMMUNIST REGIMES 2119 o the Government did not regard the Hungarian reply as satisfactory; ibid., sed also informed me that the trial of Mr. Vogeler would disclose the nd her "involvement" of members of the Legation in this case. I must insist erice that any such allegations, if they are to be made at the trial, and an explanation of the grounds on which they are based, be communicated riel d to me at once as a matter of right and courtesy, since such charges ge the obviously affect the relations between our two countries. ogele The Hungarian Government is requested to make a prompt reply ve & in the above matters in order that its intentions may be clearly ASSIT understood and full opportunity given to Mr. Vogeler's counsel to ion to prepare adequately for his defense and in order that the conduct of the trial may correspond with the Deputy Prime Minister's assurances. Accept [etc.] IM to the note 35. RESTRICTIONS ON TRAVEL OF HUNGARIAN DIPLOMATS Is the IN THE UNITED STATES: Note From the Secretary of State to on his the Hungarian Minister at Washington, ? January 29, 1951 3 Hur ament ediate The Secretary of State presents his compliments to the Honorable the Minister of the Hungarian People's Republic and has the honor to inform him as follows: end to Effective immediately, members of the Hungarian diplomatic mis- ion dsion in the United States and Hungarian employees of that mission, or the as well as the dependents of these persons, are prohibited from staying mut or traveling beyond a specified area except by express permission. The perimeter of the designated area is fixed at a distance of eighteen sular miles from the White House, Washington, D. C. alf be Permission to stay or travel outside the specified_area shall be gele requested in advance through the Chief of Protocol, Department of 1 him State , according to a prescribed form, of which a facsimile is enclosed sular and copies may be obtained from the Department upon request. nt for Travel beyond the designated area should not be undertaken prior to to the receipt by applicants of signed authorization from the Department their The Secretary of State further informs the Minister of the Hun- garian People's Republic that the Department of State will take into account in its application of the foregoing restrictions, with particular ed the reference to the issuance of travel permits, the consideration accorded hare gs of The Hungarian Government replied, on Feb. 6, 1950, that the Hungarian esires court would proceed with the trial, that inasmuch as the hearing would be public both Hungarian and foreign correspondents would have the opportunity to attend, viously expressed; ibid., Feb. 27, 1950, p. 325. See also the statement issued to press by the Department of State,'Feb. 15, 1950, to the effect that the U. S. e man er and 4 legs of State. in mited laro rica! I the nister 3 pp. 323-324. Imre Horváth. Department Oct. 13, 1953; infra, doc. 40. * Not reprinted here. of State Bulletin, Feb. 12, 1951, p. 262. See also U.S. note of gariei 2120 AMERICAN FOREIGN POLICY, 1950-1955 1 1 The Hungarian order prohibited travel by Legation personnel . beyond 21 statement of Jan. 29, 1951, by the Department of State (Department of State to members of the American Legation in Budapest who may wish to travel beyond the limits of the restrictive zone established by the Hungarian Government on January 22, 1951. 36. VOGELER CASE: Statement by the Department of State , April 28, 1951 2 Robert A. Vogeler, an American citizen who has been held i Hungary for over 17 months, was today released by the Hungarian authorities and has arrived at the American Legation in Vienna . Mr. Vogeler was delivered by Hungarian officials into the custody d a representative of the American Legation in Vienna at Nickelscent on the Austrian frontier at 11 a.m. today (5 a.m. e.s. t.) and wa escorted directly to Vienna. The Department is gratified that this American citizen bas regained the freedom of which he was unjustly deprived and that he is not safely reunited with his family. The release of Mr. Vogeler follows upon continuous efforts by the United States Government in his behalf since the beginning of his detention and brings to a successful close negotiations which the American Minister in Budapest , Nathanie P. Davis, has carried on personally with the Hungarian Government over a long period of time, with skill and determination, under mos! trying conditions. In connection with the understanding reached with the Hungarian Government for freeing Mr. Vogeler, assurances on the following points have been communicated by Mr. Davis to the Hungarian Government, and, in consequence of the latter's action in releasing Mr. Vogeler and of his safe arrival at the American Legation i Vienna, these assurances now enter into effect: (1) The United States Government will approve the reopening & Hungarian consular establishments in New York City and Cleveland , Ohio. (2) It will also, through its appropriate agencies, again validate the passports of private American citizens who may wish to travel to Hungary. (3) Finally, the United States Government will facilitate the delivery of all Hungarian goods in the United States zone of Germany which, in the light of the provisions of article 30 of the treaty o peace with Hungary, have been found available for restitution including Hungarian cultural property, and will permit two Hungarian representatives to enter the United States zone of Germany for the purpose of receiving such property and arranging for its transportation 12p. . a Ibid., May 7, 1951, P. 723. See also ibid., pp. 723–725, and supra, doc. 34 Treaty of Feb. 10, 1947 (TIAS 1651; 61 Stat., pt. 2, p. 2065). ( ( t ] I t co o un S ] E a 0 0 : 3 EASTERN EUROPEAN COMMUNIST REGIMES 2121 : eld in ar 140 lenna. gained AS NOT Eollow in his cessful 1 of State officials of the American Legation.at Budapest, see statement of June 23, 1951, by the Department of State (ibid., July 9, 1951; p. 73). United States civil and military officials in Germany will facilitate wish to the entry of the Hungarian representatives for the purpose stated, by to render them all proper assistance as regards the collection and ship- ment of the property in question, and regard them as official repre- sentatives of the Hungarian Government. With regard to the matters dealt with under points (1) and (2) tate, above, it is, of course, the expectation of this Government that the Hungarian Government's observance of consular rights and the rights of American citizens will be in accord with international law and practice and with the provisions of existing treaties between the United States and Hungary. Moreover, private American citizens who may wish to travel to Hungary will undoubtedly wish to inform wody d themselves through the Department or American missions abroad elsdori concerning conditions in that country. 37. HUNGARIAN CHARGES REGARDING ACTIVITIES OF AMERICAN OFFICIALS: Note From the American Legation at Budapest to the Hungarian Foreign Ministry, July 7, 1951 (Ex- cerpt) 1 Ghaniel The Government of the United States categorically rejects the r mot allegations directed against the Legation of the United States and members of its staff by the Hungarian Government in its note of garian July 22 and regards the demands put forward by the Hungarian lowing Government on the basis of these charges as arbitrary and unwar- garian ranted. The activities of the United States Legation in Hungary easing have been legitimate in every respect and in full conformity with ion in international diplomatic practice. The United States Government concludes, therefore, that the conduct of United States Legation officials has been called into question only to serve the propaganda aims of the Hungarian Government. In the view of the United States Government, the proceedings in the trial of Archbishop Grösz establish nothing except the fact that the authorities are continuing by ruthless and unconscionable measures to terrorize the Hungarian people into mute submission to the existing regime and its totalitarian program. In this instance, as on many past occasions, the Hungarian Government has contrived a tissue of falsehoods in a brazen though futile attempt to justify element before the world its continuing campaign to crush all dissent and to suppress the human rights and fundamental freedoms of its citizens. It is also evident that the Hungarian note of July 2 reflects the extreme annoyance of the Hungarian Government that the Hungar- and eight other Hungarian citizens were charged with conspiracy and violation of currency regulations. The prosecution at the trial attempted to implicate mment lingo eland alidate Hungarian travel ie the rman garian or the tation. ond 21 est; set 0.34: Not printed. 2122 AMERICAN FOREIGN POLICY, 1950–1955 visions, which obligate that Government to secure to all persons under ian people, despite unending Communist propaganda and repression continue to maintain their feelings of deep friendship for the United States as well as their firm confidence that the United States Gov. ernment will not cease to concern itself with their tragic plight. Without accepting or crediting in any way the preposterous charges which the Hungarian Government has advanced, the United States Government has taken the decision to discontinue certain cultural and informational activities mentioned in the Hungarian Gover- ment's note, since it is clear that the Hungarian Government ba rendered impossible the maintenance of open and normal contacts and the free exchange of ideas and information between the two peoples. The United States Government believes, however, that the attitude of the Hungarian Government in this regard will be viewed with deep resentment and regret by the Hungarian people, who have shown a great interest in cultural contacts with the people of the United States and who are fully aware that this policy of the Hungar- ian Government is aimed at further isolating them from the free world. By its behavior in this matter, the Hungarian Government has effectively demonstrated before the entire world that it dare not tolerate, even to a limited degree the exercise of freedom of opinia 38. MASS DEPORTATIONS FROM HUNGARY: Statement by the President, July 27, 1951 1 Many Americans have expressed concern about the mass deporta tions from Hungary which are being carried out by the Communist Government of that country. Their condemnation of these brul acts against the people of Hungary is in the best American tradition of concern for liberty and justice. I am deeply moved by the tragi plight of the Hungarian people, who bear a heavy burden of oppression , and I share the abhorrence which has been expressed with regard to these measures which the Hungarian Government has instituted i wanton disregard of every principle of right and decency. The Government of the United States is giving the closest attention to the deportations in Hungary with a view to taking such steps as ma appropriately expose this situation to public view and judgment en render the Âungarian Government accountable before the world for its infamous conduct. The forced removal of thousands of persons from their homes by the Hungarian Government under the condition which have been reported must be regarded as a flagrant violatio of the human rights provisions of the treaty of peace. The Unite States Government has already formally charged the Government & Hungary with wilfully and systematically contravening these pt 1 Department of State Bulletin, Aug. 6, 1951, p. 208. See also statement of du 1, 1951, by Secretary Acheson; ibid., Aug. 13, 1951, p. 251–252. I . 1 1 1 { EASTERN EUROPEAN COMMUNIST REGIMES 2123 SSION, 'nited ivern two free inion 1 Resolution 385 (V); supra, pp. 2080–2081. exposed these violations before the United Nations. In accordance with the terms of a resolution passed by the General Assembly on Gor: November 3, 1950, this Government will submit to the Secretary- light General of the United Nations, and through him to all member Gov- larges ernments of the United Nations, detailed evidence which the Depart- States ment of State has in its possession regarding many such violations. Itural In view of the significant bearing which the present deportations have on the general question of the Hungarian Government's suppression of t has human rights and freedoms, the United States Government will also Itacts submit to the Secretary-General all evidence which may be available 3 from reliable sources regarding the conditions under which such at ta expulsions are being conducted. iewed hare f the ingar 39. AIRPLANE INCIDENT OF NOVEMBER 19, 1951: Statement by the Secretary of State, December 28, 1951 2 ment e not Every American will be relieved that the four American flyers are now safely in our hands. But underlying relief is a deep current of indignation over the treatment they have received. The American people are rightfully indignant. Because we value the welfare of the individual above all else, we have paid the so-called not be "fines.” But we have not paid willingly, and we state clearly, in order that there may be no misunderstanding of our attitude in the future, that our patience is not inexhaustible. port: In this whole performance, the Budapest regime has ignored the basic rules of long-established international conduct. Repeated requests were made to the Hungarian authorities to permit American officials to visit the airmen. No such access was tragis allowed either before trial or subsequently when the request was ession renewed. In the circumstances, in view of the refusal of the Hun- ard to garian authorities to permit American officials to exercise this normal sed in right, which is basic to the extension of customary consular protec- tion to American citizens abroad, the U.S. Government will no longer antich falidate the passports of American citizens for travel in Hungary. s mer Furthermore, since the reciprocal basis of the exchange of consular privileges has been nullified by Hungary, this Government is also ld fet notifying the Hungarian Legation in Washington that the Hungarian Orsolo consulates in this country, which are located in Cleveland and New lition York, should be closed immediately.3 Any further statement on this matter must await the opportunity to talk with the released airmen. Department of State Bulletin, Jan. 7, 1952, p. 7. See also statement of Dec. 26-1951, by the Department of State (ibid.) and U. S. application of Feb. 16, 1954, to the International Court of Justice (infra, doc. 42). *Note of Dec. 28, 1951; Department of State Bulletin, Jan. 7, 1952, p. unist bruta ! ion of it and for la tios Tnited ent of pro under d has of Aug. 7. 2124 AMERICAN FOREIGN POLICY, 1950–1955 the Hungarian Legation staff and their dependents will be permitted ment of State, on a prescribed form, a copy of which is enclosed. 40. RESTRICTIONS ON TRAVEL OF HUNGARIAN DIPLOMATS IN THE UNITED STATES: Note From the Secretary of State to the Hungarian Minister at Washington, October 13, 1953 2 The Secretary of State presents his compliments to the Honorable the Minister of the Hungarian People's Republic and has the honor to refer to the regulation of travel of United States diplomatic personne in Hungary and of Hungarian diplomatic personnel in the United States. The restrictions on the travel of Hungarian Legation personnel in the United States which were notified to the Minister of the Hun- garian People's Republic on January 29, 1951 3 were instituted only after the Hungarian Ministry of Foreign Affairs informed the Ameri can Legation in Budapest on January 19, 1951 that restrictions were being imposed on the travel of United States diplomatic personnel in Hungary. The Department of State affirmed clearly at that time that in applying restrictions on the travel of Hungarian Legation staff members in the United States it would take into account the consideration accorded to members of the American Legation in Budapest who might wish to travel beyond the limits of the restrictive zone established by the Hungarian Government. The Secretary of State welcomes the decision of the Hungarian Government, made known in a circular note of August 4, 1953 , to cancel the regulations communicated in its note of January 19 1951 and to establish new procedures and regulations allowing free and more extensive movement by foreign diplomatic personnel within Hungary In view of the Hungarian Government's modification of travel restrictions hitherto in force, the competent United States authorities have decided upon appropriate changes in the regulations which have previously governed the travel of Hungarian Legation personnel in the United States. The Minister of the Hungarian People's Republi is accordingly informed that the restrictions notified to the Hungarian Legation on January 29, 1951 are superseded by the following regular tions: 1. Members of the Hungarian diplomatic mission in the United States and their dependents may travel freely within a radius of 4 miles from the Zero Milestone located on the north side of the Ellipse in Washington, D. C. 2. Elsewhere throughout the United States, travel by members of upon written notification 24 hours in advance of such travel. The required notification shall be made to the Chief of Protocol, Depart The Government of the United States continues to support the principle of freedom of travel for diplomatic personnel . The Secretary i Károly Szarka. 2 Department of State Bulletin, Nov. 2, 1953, pp. 601-602. Supra, doc. 35. Department of State Bulletin, Nov, 2, 1953, p. 602. { 1 1 3 4 EASTERN EUROPEAN COMMUNIST REGIMES 2125 :DD U- UIT en: me 1 2 Department of State Bulletin, Feb. 22, 1954, p. 273. See also message of Mindszenty, see A Decade of American Foreign Policy, pp. 1193—1194. INS of State requests the Minister of the Hungarian People's Republic to to inform his Government in this regard and expresses the hope that the Hungarian Government, upon further consideration of the question of travel restrictions, will find it desirable at an early date to enlarge uble the areas in Hungary where travel may be freely undertaken or to e to remove all travel restrictions. ine! ted Enclosure: Copy of Department of State form "Notification of Travel." [The Notification of Travel requests the last, first, and middle name of the traveler, the full title of the traveler, the name and relationship of the accompany- ing members of the family, the dates of travel including time of departure from and return to Washington, the destination, the routes of travel to the destination ent and return travel, the means of travel, whether by automobile, train, or plane on Lin the outward and return journey, the automobile license number, a space for the signature of the Chief of Mission to be undersigned by the signature of the principal traveler and the date of notification.] 100 the it Lite 41. LETTER FROM THE PRESIDENT TO THE EXECUTIVE CHAIRMAN OF OF THE THE UNITED CATHOLIC ORGANIZA- an TIONS FOR THE FREEING OF CARDINAL MINDSZENTY, 53, FEBRUARY 1, 19542 19, Feel DEAR MR. VORBECK: I have your telegram of January twenty- hin third on behalf of the United Catholic Organizations for the Freeing of Cardinal Mindszenty. We in the free world have not forgotten vel that this is the fifth anniversary of Cardinal Mindszenty's trial and he imprisonment by the Communist authorities in Hungary. The unjust nature of the proceedings against Cardinal Mindszenty is, of course, well known to the American people. They regarded the blic attack upon him as a blow against religious freedom in Hungary and an unprincipled attempt to destroy spiritual and moral influences in hla The Communist assault upon religious liberty and leadership in Hungary has failed, however, to turn the Hungarian people from their faith in God. The plight 'of Cardinal Mindszenty and of other churchmen who have suffered at the hands of the Communists has not been forgotten. Their situation continues deeply to concern the of people of Hungary and to evoke the sympathy of the free world. Despite the constraints of person and silence imposed on Cardinal ht Mindszenty and other church leaders by their persecutors, the spirit of these men has defied confinement by the totalitarian State. It has become, indeed, a symbol of faith and freedom for our times. the ar 1.7, 1949, by Selden Chapin (ibid., June 26, 1949, pp. 820 ff.). For earlier expres- sions of the United States Government's views regarding the case of Cardinal are 11 191 that country. ted 40 p.se ted It- ed 1 Frederic L. Vorbeck. 2126 AMERICAN FOREIGN POLICY, 1950–1955 1952 (ibid., Jan. 12, 1953, pp. 51-52); Hungarian note to the United States of See International Court of Justice Reports, 1954, pp. 99-105. 3 See statement of Mar. 17, 1953, by the Department of State; Department of 42. AIRPLANE INCIDENT OF NOVEMBER 19, 1951: Application by the United States to the Registrar of the International Court of Justice, February 16, 1954 1 SIR: 1. This is a written application, in accordance with the Statute? and Rules of the Court, submitted by the Government of the United States of America instituting proceedings against the Government of the Union of Soviet Socialist Republics on account of certain actions of the latter Government, in concert with the Government of the Hungarian People's Republic. A separate written application is being submitted by the Government of the United States of America simultaneously herewith instituting proceedings against the Govern- ment of the Hungarian People's Republic on account of the same matter. The Government of the United States of America requests that so far as it may be convenient and proper to do so the two applica- tions and the proceedings thereon be considered and dealt with together The subject of the dispute and a succinct statement of the facts and grounds on which the claim of the Government of the United States of America is based are set forth in two notes, one delivered to the Soviet Government on March 17, 1953 and one delivered to the Hungarian Government on the same day; 3 the note to the Hungarian Government was incorporated by reference in the note to the Soviet Government, the note to the Soviet Government was incorporated by reference in the note to the Hungarian Government, and each of the two Governments received from the United States Government ! copy of the note addressed by the United States Government to the other Government. Copies of both notes are attached to this appli cation as an annex.4 2. The United States Government notes that the present dispute concerns matters of the character specified in Article 36 (2) of the Statute of the Court, including subdivisions (a) through (d). As will be seen from the annex, the legal dispute of the United States Government with the Soviet Government involves the interpretation of the Treaty of Peace, signed at Paris February 10, 1947,5 to which the 1 Department of State Bulletin, Mar. 22, 1954, pp. 450–451. See also state . ment of Dec. 26, 1951, by the Department of State (ibid., Jan. 7, 1952, p. 2 the U.S. notes to Hungary of Dec. 10, 1952 (ibid., Dec. 22, 1952, pp. 982-984) and Jan. 30, 1953 (ibid., Feb. 16, 1953, pp. 258-259); the U.S.' notes to the Soviet Union of Dec. 10, 1952 (ibid., Dec. 22, 1952, pp. 981–982) and Dec. 17 of Dec. 11, 1952 (ibid., Jan. 12, 1953, p. 51) and Dec. 20, 1952 (ibid., P: 52. The Soviet and Hungarian Governments refused to accept the Court's jurisdio States application had been removed from the docket of the Court; ibid., July 25 , 1954, pp. 130-131. 2 A Decade of American Foreign Policy, pp. 140–155. State Bulletin, Apr. 6, 1953, pp. 496_498. 4 Not reprinted here. 5 TIAS 1651; 61 Stat. 2065. 1 ] E t ( f 1 ( ( I 1 ( 1 EASTERN EUROPEAN COMMUNIST REGIMES 2127 1 TS 748; 44 Stat., pt. 3, p. 2441. us .69 'n me Bts 8. cts On United States Government, the Soviet Government and the Hun- ar garian Government are parties; the Treaty of Friendship, Commerce and Consular Rights, signed at Washington June 24, 1925, which was in effect during the period relevant to this dispute and to which the United States Government and the Hungarian Government are el parties; numerous questions of international law, as set forth in Part ed II of each of the annexed notes; numerous issues of fact which if of established would constitute breaches of international obligations by the Hungarian Government; and questions of the nature and extent he of reparation to be made to the United States Government by the is Hungarian Government for these breaches. The United States Government, in filing this application with the Court, submits to the Court's jurisdiction for the purposes of this case. The Hungarian Government appears not to have filed any declaration with the Court thus far, and although it was invited to do so by the nited States Government in the Note annexed hereto it has not made ta any responsive reply to the invitation. The Hungarian Government, however, is qualified to submit to the jurisdiction of the Court in this matter and may upon notification of this application by the ed Registrar, in accordance with the Rules of the Court, take the neces- to sary steps to enable the Court's jurisdiction over both parties to the be dispute to be confirmed. Thus the United States Government founds the jurisdiction of this let Court on the foregoing considerations and on Article 36 (1) of the by Statute. he 3. The claim of the Government of the United States of America is briefly that the Government of the Hungarian People's Republic in be concert with and aided and abetted by the Government of the Union li of Soviet Socialist Republics on November 19, 1951, wilfully and un- lawfully caused to be seized a United States Air Force C-47 type aircraft together with its crew of four American nationals and its he contents, driven over Hungary by winds unknown to the crew; that thereafter both Governments engaged in unlawful actions against the crew and against the United States with respect to the incident, constituting both serious violations of existing treaties as well as mani- he fest denials of justice and other international wrongs. For these breaches of international obligation the United States has demanded and demands monetary and other reparation from the Hungarian 2); Government. The Soviet Government has sought to justify some of its conduct by Article 22 of the Treaty of Peace to which reference has been made, a contention which the United States Government 2.1 Q ate As ces on te- 34 che 17 , of TES 2) . denies ic- ed 26. As the United States Government, in further pleadings herein, will more fully set forth, the United States Government proposes that the issues of law and fact in this dispute be heard and decided by the Court in accordance with its Statute and Rules; that the Court decide that the accused Governments are jointly and severally liable to the United States for the damage caused; that the Court award of 2128 , AMERICAN FOREIGN POLICY, 1950-1955 damages in favor of the United States Government against the Soviet Government in the sum of $637,894.11, with interest, as demanded in the annexed notes; that the Court determine the nature and extent of other reparation and redress, which the Court may deem fit and proper; and that the Court make the necessary orders and awards , including an award of costs, to effectuate its determinations. 4. The undersigned has been appointed by the Government of the United States of America as its agent for the purpose of this application and all proceedings thereon. Very truly yours, HERMAN PHLEGER The Legal Adviser of the Department of State 43. HUNGARIAN PROTEST REGARDING ARRIVAL OF BAL- LOONS: Note From the American Legation at Budapest to the Hungarian Foreign Ministry, December 17, 1954 1 8 a 8 C a 0 be The Legation of the United States of America presents its compli- ments to the Ministry for Foreign Affairs of the Hungarian People's Republic and has the honor to refer to the Ministry's note of October 15, 1954, concerning leaflets carried by balloons into Hungary. The Legation is instructed by the United States Government to state that the activity in question was undertaken by the Crusade for Freedom and Radio Free Europe on their own initiative and re- sponsibility. These are private organizations established and sup- ported by private American citizens. It is only natural that they should take an interest in the welfare of the Hungarian people and seek some means of communication with them. If unusual methods have been adopted, this is due solely to the actions of the Hungarian Government and to those in and outside of Hungary who may responsible for the policy of erecting barriers against normal inter- course among peoples. This policy has been pursued to such a degree that even the airwaves in Hungary are artificially jammed to prevent as far as possible communication by radio. Since this matter was called to its attention, the Government of the United States has obtained copies of the balloon leaflets and careful examined their content. These leaflets suggest only that the people of Hungary employ legal means to achieve realization of rights theo retically assured them by their Constitution and, in many instances explicitly guaranteed under the Treaty of Peace. The Government of the United States is at a loss, therefore, to understand the basis of the Hungarian Government's concern and more specifically on what grounds it apparently finds repugnant the points made in the leafleks CO d q S r e a & t t 1 Department of State Bulletin, Jan. 3, 1955, pp. 14–16. 2 Not printed. 3 TIAS 1651; 61 Stat. 2065. EASTERN EUROPEAN COMMUNIST REGIMES 2129 at ed at 14 1 DI Montevideo Conference of the United Nations Educational, Scientific titled "Measures to Promote the Use of Means of Mass Communica- that the Hungarian Government could improve the condition of the Hungarian people by: a. In practice, vesting real authority in popularly chosen Local Councils, constitutionally responsible and accountable to the local s population; b. Enforcing in practice the constitutional guarantees of free speech and assembly; c. Assuring in practice the constitutional guarantee of equality before the law; d. Guaranteeing in practice the right of the working peasant to a just share of the fruits of his labor; e. Respecting in practice responsibility of the working people freely to organize for the protection of their interests against all exploitation; f. Observance in practice of the constitutional right of the workers to proper rest and recreation, as well as other benefits necessary for a L decent livelihood; che g. Affirmation in practice that, to protect the wealth of the Hun- garian community, the economic welfare of the Hungarian people must transcend the demands resulting from foreign economic levies; Oli- h. Recognition in practice that the forced nationalization of e's consumer goods outlets and services has deprived the Hungarian her people not only of an important element of their guaranteed per- sonal liberty, but also of their legitimate material needs; to 1. Realizing in practice the requirement for adequate housing to assist in protecting the institutions of marriage and family; į. Establishing in practice the principle of free education and schol- arly inquiry, and the constitutional right of freedom of worship and The United States Government does not believe that any of the above suggestions can be considered either "inciting," "slanderous," or "seditious.” Certain of the highest officials of the Hungarian be Government apparently share this belief as in recent months they publicly criticized present conditions in Hungary including references to flagrant abuses of police power and judicial processes as well as deep-seated economic ills and political tensions. The leaflets in question merely make suggestions concerning practical means whereby some admitted shortcomings may be corrected. The United States Government desires to take this occasion to Pk reiterate its belief in international freedom of communication and to express its conviction that steps in achieving peaceful relations ce between peoples will be frustrated so long as governments attempt to Selle isolate and silence their own people. In this connection it is noted Hungarian Government representatives attended the recent All other delegations in adopting by acclamation the resolution en- tion to Increase Mutual Confidence and Understanding Among the NE- UD- der conscience. 1110 ods 101 jer- Tee CBI the ill ople 1e0- that hat 415900_-57---Vol. 2 -31 2130 AMERICAN FOREIGN POLICY, 1950–1955 un- UNESCO Program for 1955-56. For the text of this part of the program, sa Peoples of the World." This resolution among other things invites all members of UNESCO to take the necessary measures to assure freedom of expression and to remove barriers to the free flow of distorted information between member states. The United States Government hopes that the day will come when balloons will no longer be necessary as a means by which the people of one country may freely communicate with peoples in other lands Presumably it is within the power of the Hungarian Government to take the necessary remedial action. Should the Hungarian Govero- ment, in conformity with the obligations it assumed toward the United States and other signatories of Article Two of the Treaty of Peace, establish freedom of discussion, opinion, and assembly within the country and, in accordance with the spirit of that Article and the above-cited UNESCO resolution, remove existing barriers to free interchange with the outside world, the need for friends of the Hun- garian people to resort to unconventional means of communications will no longer exist. 44. MESSAGE FROM THE ACTING SECRETARY OF STATE TO THE PRESIDENT OF THE HUNGARIAN NATIONAL COUNCIL, FEBRUARY 23, 1955 4 The efforts and sacrifices made by the people of Hungary in the War of Independence of 1848-49 were viewed, as you know, with warm sympathy by the American people. This was a period in our own history when we were coming of age as a nation and, in keeping with the principles underlying the founding of our Government and society , the American people felt a deep interest in all peoples who aspired to freedom and independence. In the years that followed, the bonds of sympathy between the two peoples were further strengthened by tens of thousands of Hungarian immigrants who, seeking new opportunities in this land of freedom, came to the United States and contributed importantly to our national growth and development and to the enrichment of our culture. Now, more than a century after the stirring events of 1848-4% I believe we may regard as inspiring and reassuring the fact that despite all vicissitudes, the people of Hungary and the people of the United States remain stanch friends and continue to find in the common devotion to those high ideals the basis of mutual respect and understanding. From these lasting foundations, across 1 This was the title of draft resolution 8C/DR/123, approved by the Prophet General Conference, Eighth Session, Montevideo, 1954: Proceedings , p. 497 eur by the 17th plenary meeting on Dec. 10, 1954 (ibid., p. 219), as Part 5 of the A ibid., Resolutions, pp. 37–40. 2 Herbert Hoover, Jr. 3 The Rt. Rev. Béla Varga. Department of State Bulletin, Apr. 4, 1955, p. 558. E € I r } C It t d D W e the M ke 0 & a 0 0 4 EASTERN EUROPEAN COMMUNIST REGIMES 2131 ? difficult days which lie ahead, the goals of liberty and justice in the struggle against tyranny come within clear prospect, and we can view the future with quiet resolution and confidence. 1 f B. 45. HARASSMENT OF LOCAL EMPLOYEES OF THE AMERI- CAN LEGATION AT BUDAPEST: Note and Memorandum From the American Legation to the Hungarian Foreign Ministry, July 1, 1955 1 1- PS Il IS he THI HI ith to discredit upon it. ; of The Legation of the United States of America presents its compli- ments to the Ministry for Foreign Affairs of the Hungarian People's Republic and has the honor to refer to the arrest of Mr. Cornelius Balas , a Hungarian employee of the Legation, by Hungarian police authorities on June 23, 1955. The Legation has not been adequately informed of the reasons for this action, which is the latest in a long series of such harassments directed against its local employees. The Hungarian Government has persistently failed to respond satis- factorily to repeated inquiries by the Legation in each of these cases. ! The Legation is instructed to inform the Ministry for Foreign AL Affairs that the United States Government protests most emphati- cally the arbitrary and secretive actions which the Hungarian Gov- ernment has taken against not only Mr. Balas but also other local employees of the Legation. These steps by the Hungarian Govern- ment, accompanied as they have been by acts of intimidation and | reprisal against visitors at the Legation, indicate clearly that the Hungarian Government has adopted once again the provocative policies in disregard of human rights that have previously brought The Government of the United States has also taken note in this en connection of the MTI [Magyar Tavirati Irodi, Hungarian Telegraph Agency] release of June 25 concerning the detention of alleged Amer- ican spies and saboteurs by State Defense organs of the Ministry of the the Interior. It categorically rejects this announcement as slan- derous and unfounded. These actions of the Hungarian Govern- * ment, especially at the present juncture in international affairs, are a wholly inconsistent with the professed desire of the Hungarian Ġov- the ernment for normal relations. In these circumstances the United States Government cannot but e regard the arrest of Mr. Balas and the continued detention of other the local employees of the American Legation as developments detri- mental to United States-Hungarian relations. It is the earnest hope of the United States Government that the responsible Hungarian Sen authorities will accordingly give careful thought to their further actions in this matter. The arrest of Mr. Balas and the detention of other local employees of the Legation have impaired functions of the American Legation in Budapest that are normal and legitimate phases of the operation of diplomatic missions in all countries. Department of State Bulletin, Sept 19, 1955, pp. 460–462. ties ted del the $ 2132 AMERICAN FOREIGN POLICY, 1950–1955 1 1 ) 1 1 1 5. Jozsef Batta-Disappeared on April 6, 1952. An Aide Memoire, dated April 11, 1952, was left at the Ministry requesting the Hungarian Government to A The Government of the United States calls upon the Hungarian Government to provide a satisfactory explanation of charges brought against the local employees of the American Legation who are now under detention by Hungarian authorities or to permit them to return without delay to their employment with assurance to the Legation that they will not be subjected to further molestation without due cause. Failing a satisfactory response or remedial action by the Hungarian Government within a reasonable period of time, the United States Government will find it necessary to make public the facts regarding the conduct of the Hungarian Government in these and related matters and to reconsider the situation under which the Hungarian Legation in Washington has been free to carry on infor- mation activities in the United States. The Legation of the United States requests a prompt reply from the Ministry for Foreign Affairs. (Enclosure] MEMORANDUM OF HISTORY OF ARRESTS AND HARASSMENT OF THE AMERICAN LEGATION AT BUDAPEST 2 Since 1951 twelve local employees of the American Legation in Budapest have been arrested or deported, or have disappeared without trace as a result of action instituted by authorities of the Hungarian Government. The history of these cases is as follows: 1. Stephen Szecsi-Arrested January 19, 1951. An Aide Memoire requesting the Hungarian Government to state the reason for the arrest, was delivered on January 19, 1951. The Hungarian Government has to this date failed to provide the Legation with a specification of the charges preferred against Mr. Szecsi or with other particulars concerning the case. The Legation learned last May that Mr. Szecsi died in prison on April 28, 1955. 2. Aloysius Pongracz-Arrested March 24, 1951. An Aide Memoire requesting the Hungarian Government to inform the Legation of the reasons for Mr. Pon- gracz' arrest was left at the Ministry of Foreign Affairs on March 27, 1951. No reply has to this date been received. Mr. Pongracz is presumed still to be in prison. 3. Otto Fernbach-Arrested April 17, 1951, following a minor automobile accident in which he was involved while acting as official Legation chauffeur . The Legation subsequently learned that Mr. Fernbach had been sentenced to fifteen days imprisonment. In its Aide Memoire dated April 18, 1951 , in Legation requested information regarding the sentence reportedly given Fernbach. No reply was ever received to this inquiry. Mr. Fernbach thereafter disappeared for a period of two years. He reappeared unexpectedly on April 9. 1953, stating only that he had been in prison. He has been re-employed with the Legation since the date of his release. 4. Frederick B. Karg-Deported from Budapest on twenty-four hours' notiek on July 3, 1951 to a small village in northern Hungary. The Legation intercedes with the Ministry of Foreign Affairs but without avail. permitted to leave his place of deportation on August 6, 1953. not permitted to reside in Budapest, he resumed his employment with the legatia and commutes to work each day. — 1 ( Mr. Karg was finally Although stil institute a search and advise the Legation of the results. A further note was 1 No reply was received; see the U.S. note of Sept: 1, 1955 (infra). 2 The notes referred to in this memorandum were not printed. EASTERN EUROPEAN COMMUNIST REGIMES 2133 21 OY LID On ue che Or DE Hajdu, Director of Political Section No. 2 of the Ministry, in connection with the addressed to the Minister for Foreign Affairs on June 23, 1952, repeating the Legation's request for information. In its reply, dated September 1, 1952, the ht Ministry stated that Mr. Batta had been taken into custody for anti-democratic activity. No specification of the charges or announcement of sentence has ever been communicated to the Legation. It is assumed that Mr. Batta is still in prison. 6. Hannah Vegh-Disappeared on July 10, 1952. In its Note No. 22 of September 9, 1952, the Legation requested the assistance of the Ministry in che locating Miss Vegh. On September 25, the Ministry offered the explanation that Miss Vegh had attempted to leave Hungary illegally and that she had been che arrested. Although no subsequent information regarding Miss Vegh has been communicated to the Legation, it is presumed that she is still under detention. 7. Aimee Karolyi-She was last seen on March 13, 1953. On March 20 the he Legation sent Note No. 119, requesting the Ministry to determine the where- abouts of Mrs. Karolyi. A further inquiry was directed to the Ministry in the Legation's Note No. 151 of May 20, 1953. The Ministry replied on June 27 that Mrs. Karolyi had committed action in violation of Hungarian criminal law and the had been ordered detained. No further information concerning this case has been forthcoming and Mrs. Karolyi is presumed still to be under detention. 8. Jeno Kvassay, who was employed as a personal chauffeur by the Assistant Military Attaché of the Legation, disappeared on April 17, 1953. On April 20 the Legation, in its Note No. 137, requested the Ministry to inform the Legation concerning the whereabouts of Mr. Kvassay. No reply has ever been received to this inquiry and Mr. Kvassay's whereabouts and fate continue to be unknown to the Legation. 10 9. Laszlo Gal-Disappeared on June 3, 1953. The Legation on June 8, 1953 bent Note No. 161 to the Ministry asking for information regarding the where- Dut abouts of Dr. Gal. The Ministry's reply, dated June 27, stated only that Dr. Gal had committed "action in violation of Hungarian criminal law" and was being detained. The specific charges on which Dr. Gal was detained have never been made known, nor has the result of any proceedings against him ever been commu- Link nicated to the Legation. 10. George Karman-Disappeared without explanation on September 24, 1954. On September 28 the Minister of the United States made an oral protest to Mr. or unexplained disappearance of Mr. Karman. On October 4, the Minister addressed a personal letter to Mr. Hajdu requesting information as to whether the Ministry ting had any information as yet on Mr. Karman. Mr. Hajdu on October 12, addressed a note to the Minister stating that in view of Mr. Karman's Hungarian citizenship, No his case was not a proper subject for discussion between the Ministry for Foreign Affairs and the Legation. When in its Note No. 16 of October 25, the Legation took issue with this contention, the Ministry in its Note No. 001415/1 of November 17, closed the case by stating that it did not wish to react to the Legation's Note. No further information concerning the case of Mr. Karman has been communi- 1 60 cated to the Legation since this date. the 11. Bela Kapotsy—-Arrested on February 24, 1955. In its Note No. 36 of March 7, the Legation requested the Ministry to clarify the reasons for the arrest. fter In a subsequent conversation, Mr. Hajdu, Director of Political Department No. 2 20 , of the Ministry, advised a representative of the Legation that he understood the arrest was due to some "illegal activities” and that he would attempt to ascertain the facts and inform the Legation. No additional information regarding Mr. Kapotsy's case has to this date been forthcoming from the Ministry. 12. Cornelius Balas - Arrested on June 23, 1955. all The Legation was informed mally on June 27 by a representative of the Ministry for Foreign Affairs that Mr. Balas had been arrested for contravening Hungarian law". Efforts to elicit tion more specific information regarding the charges on which Mr. 'Balas was being 181 OL vide Chat 00- 2 ID bile eur Mr. the tice ded stil held proved unavailing. ited t to Thus, within the past eight months alone, three local employees of the Legation staff have been arrested without proper explanation or justification being offered, with two of these arrests occurring within the past four months. 2134 AMERICAN FOREIGN POLICY, 1950–1955 In addition to these arrests, a pattern of harassment of Legation staff members has been increasingly evident, particularly over the past two months. American members of the staff of the Legation , including the American Minister, have from time to time been placed under close surveillance with their every move being catalogued. As many as five of what have been clearly established to be agents al Hungarian security organs have been observed loitering in the new vicinity of the Chancery building at one time and on various occasions over the past month. That these persons represent security organs of the Hungarian Government has been confirmed beyond doubt by American Legation staff members. The persons in question here been seen to follow individuals leaving the Legation, to detain them and, in several instances, to conduct them to waiting automobile , trucks, and taxis, in which they were transported away. This molestation of visitors calling at the Legation has been particu- larly severe since the middle of May. Again, observation by America staff members indicates that the persons who have been thus molested and/or carried off exceeds one hundred at the least, with good grounds for believing that a very high percentage of all visitors to the Legation have been so treated during the past month. 46. HUNGARIAN INFORMATION ACTIVITIES IN THE UNITED STATES: Note From the Secretary of State to the Hungarian Minister at Washington, September 1, 1955 2 The Secretary of State presents his compliments to the Honorable the Minister of the Hungarian People's Republic and has the honor to refer to the dissemination of the publication "New Hungary" and is other information activities in the United States of the Legation of the Hungarian People's Republic. The Minister is doubtless aware that the American Legation i Budapest has found it increasingly difficult to carry on information activities comparable to those carried on freely in the United States by the Legation of the Hungarian People's Republic. This situation has arisen because the Hungarian Government has adopted a repres sive attitude toward the American Legation's information work Hungary, already limited in scope, and has permitted the Hungarian police authorities to arrest arbitrarily and otherwise to harass local employees of the American Legation and to molest and intimidate local visitors calling at the Legation. The Government of the United States considers these actions of the Hungarian Government as particularly regrettable at this time view of the emphasis placed at the recent Geneva Conference on the development of contacts between East and West.3 The conduct the Hungarian Government militates against the lowering of exista oli 2 1 Károly Szarka. Department of State Bulletin, Sept. 19, 1955, pp. 459–460. 3 See supra, pp. 2005–2016. EASTERN EUROPEAN COMMUNIST REGIMES 2135 2 Department of State Bulletin, July 30, 1951, pp. 172-174. 3101 the ion, CAL ts 301 TONS ans by ave barriers to cultural intercourse and the interchange of information and ideas between peoples for the establishment of a new and healthy atmosphere for the pursuit of peace. The Government of the United States has exercised the utmost patience in awaiting the Hungarian Government's response to its note of July 1' requesting a satisfactory explanation or remedial action with respect to the matters in question. The Hungarian Government has made no reply, however, nor has it taken any steps to correct the situation which was the subject of this Government's just complaint. In these circumstances, the Govern- ment of the United States has reluctantly concluded that it has no alternative other than to invoke appropriate countermeasures and maintain them in force until such time as the Hungarian Government may be disposed to reconsider its actions and reestablish conditions permitting normal information activities by the Legations of the two countries. The Secretary of State accordingly informs the Minister that the Legation of the Hungarian People's Republic is required to cease all information activities in which it is directly or indirectly engaged, including the dissemination of "New Hungary” and other publica- tions, film showings, and photographic exhibits, in so far as these activities are conducted wholly or in part outside of the Legation premises. This requirement is effective immediately. lemi iles ACU ICAN sted inds tion TED ria G. POLAND cabile or to d to in of 47. POLISH REPATRIATION ACTIVITIES IN GERMANY: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, July 19, 1951 2 ID tion cates tion DIAS k in riad Och zone of Germany. dele The Embassy of the United States of America presents its compli- ments to the Ministry of Foreign Affairs and on instructions from the Government of the United States has the honor to reply as follows to the Ministry's note of June 13, 1951, concerning the termination of accreditation of the Polish repatriation mission in the United States As the Polish Government is aware, repatriation mission personnel are accredited to the United States High Commissioner for Germany Ethe who has the responsibility of determining the size of the mission on the basis of the number of displaced persons with which the mission is properly concerned. From July 1, 1947, to December 31, 1950, the Polish voluntary repatriates from the United States zone totaled stre 12,504. Of this number, only 410 volunteered for repatriation in 1950. 1 e in the tad Supra. 3 Ibid., pp. 172-173. 2136 AMERICAN FOREIGN POLICY, 1950-1955 Moreover, during the first 5 months of 1951 there were only 27 volun- tary repatriations of Polish citizens from the United States zone. There is no Polish displaced persons camp in the United States zone and only one International Refugee Organization repatriation camp at Griesheim near Frankfort. Thus, since the period of mass repatria . tion had clearly come to an end, the continued presence in the United States zone of eight Polish repatriation officials could no longer be considered necessary. A procedure exists, in the absence of a Polish repatriation mission, for returning those few persons who might from time to time voluntee for repatriation to Poland. Arrangements in each case can readily be made by the Polish Military Mission at Berlin with the United States High Commissioner's office. This was pointed out to the chief of the Polish Repatriation Mission in the United States zone in a letter d May 16, 1951, from the United States High Commissioner's office requesting the withdrawal of the mission. The United States Ambas . sador at Warsaw also stressed in a conversation with the Secretary General of the Foreign Office on June 12, 1951, that facilities for Polish repatriation have not been terminated as arrangements for this purpose can readily be effected by the Polish Military Mission at Berlin , in agreement with the office of the United States High Commissioner . Under these circumstances the United States Government cate- gorically rejects the charge made by the Polish Government in its note of June 13, 1951, that American authorities in terminating the accredi- tation of the Polish mission in the United States zone of Germany are rendering impossible the repatriation of Polish displaced persons who wish to return to Poland. Moreover, since the Polish Government continues to have the possibility of making arrangements for voluntary repatriates, there has been no violation of Polish rights under the United Nations General Assembly resolutions of February 12, 1946,2 and November 17, 1947, or under resolutions contained in the report of April 23 1947,4 to the Council of Foreign Ministers. The actual facts concerning the unwarranted charge of the Polish Government that American officials have hindered the repatriation of Poles are as follows: 1) United States officials have provided extensive logistical support to the Polish Repatriation Mission, including authorization for free train travel throughout the United States zone of Germany, facilities for vehicle registration and purchase of gasoline from United States Army supplies, United States post-exchange privileges and com- missary privileges for the Chief of Mission. 2) No protest has ever been received from the Polish Mission that its activities in the repatriation of dependent persons resident in the 1 Not printed. 2 Resolution 8_(I); Resolutions Adopted by the General Assembly During the First Part of Its First Session (A/64), p. 12. * Resolution 136 (IT); General Assembly, Oficial Records, Second Session Resolutions; (A/519), p. 44. 4 Not printed. EASTERN EUROPEAN COMMUNIST REGIMES 2137 un- One 118. Leer DAS &ry Ost 11 legion under Napoleon in Italy (1798-1801). Department of State Bulletin, Aug. 20, 1951, p. 298. United States zone of Germany were obstructed by United States zonal authorities. 3) The record shows that Polish representatives were free to visit at International Refugee Organization camps as frequently as they wished, and that these visits often averaged three a week. ted 4) The Polish Repatriation Mission did not publish a periodical bi in Germany, but rather imported quantities of magazines and news- papers from Poland. The question of paper allocation and licensing 101, therefore did not arise. The Polish Government has included in its note various misstate- th ments concerning United States statutes governing military service. ates The reference to the "law approved on April 13, 1951," was apparently the intended to relate to Public Law 51, enacted June 19, 1951.1' Public rol Law 51 is essentially a continuation of the Selective Service Act of fice 1940 ? under which many thousands of legally admitted aliens fought for the freedom and survival of the allied nations, including Poland. The Polish Government's statement concerning “displaced persons lish as reserve manpower” is presumably directed at plans an- nounced by the United States Secretary of the Army for the imple- mentation of the Act of June 30, 1950,3 providing for voluntary enlist- ment of a limited number of aliens in the Regular Army of the United ate States. It would seem singularly inappropriate that exception to this note law should be taken by the Government of Poland, many of whose edi present leaders have frequently and recently called attention to the brilliant feats of arms by Generals Kosciuszko,4 Pulawski, E. Bem, who and Walter, and whose own national anthem is still the song of Dabroski's 8 soldiers in Italy. ber 48. POLISH AND UNITED STATES INFORMATION SERVICES: 23 Statement by the Department of State, August 9, 1951 º Tish The Polish Foreign Minister called in the American Ambassador nd Joseph Flack on August 8 and asked that the activities of the United States Information Service, including distribution of the English and Polish language wireless bulletins, film showings, and library functions, should be terminated as of 'that date. Since the Polish Act of Sept. 16, 1940; 54 Stat. 885. Tadeusz Kosciuszko (1746–1817) served in the United States as engineering officer (1776-1783), later resided in the United States as private citizen (1797- Count Kazimierz Pulawski (1748-1779) served in the United States as a cavalry officer (1777-1779). • E. (Josef?] Bem (1795-1850), Polish General. Walter (pseud. for Karol Swierczewski (1889–1947)], served in the Spanish Civil War and World War II, later an officer in the Polish Government. .. Probably Jan Henryk Dabrowski (1755-1818), who commanded the Polish are 6 the ere ODS ) ort ree les tes 165 Stat. 75. 2 ml- 3 64 Stat. 318. nat 1798). the im 9 2138 AMERICAN FOREIGN POLICY, 1950–1955 I a I b ( I t t t t of the Polish Government, can, therefore, hardly be unconnected in Government insisted that this was final there was no alternative but to comply with this request. The United States Government regards this action of the Polish Government as an entirely unwarranted interference with the free exchange of information between nations, an exchange which this Government is always ready to foster on a fair and reciprocal basis. It is recalled, moreover, how much the Polish people appreciated , ever since the United States Information Service was established at Warsaw, the services it performed. There is every reason to believe that these activities in the interest of a better understanding between peoples will be missed by the Polish nation. The Polish Ambassador here has been summoned today and in- formed that the Polish Research and Information Service at New York must be closed within 24 hours. 49. POLISH AND UNITED STATES INFORMATION SERVICES: Note From the Secretary of State to the Polish Ambassador at Washington, September 20, 1951 2 The Secretary of State presents his compliments to His Excellency, the Ambassador of Poland and has the honor to refer to the note which was delivered to the United States Embassy at Warsaw by the Ministry of Foreign Affairs on August 14, 1951.3 This note protested the closing of the Polish Research and Information Service at New York, and also made certain charges against the United States Information Service at Warsaw. The Government of the United States finds it difficult to believe that the Polish Government can seriously contend that the action of the United States in requesting the closing of the Polish Research and Information Service was a baseless and illegal reprisal. The Polish Government will recall that on August 8, 1951 the Polish Foreign Minister received the United States Ambassador at Warsaw and delivered a note 4 protesting the proposal by the United States Government that the 1931 Treaty of Friendship, Commerce and Consular Rights be amended by the elimination of Article VI of that treaty. It was at the conclusion of this interview that the Foreign Minister demanded the closing of the United States Informa- tion Service office at Warsaw. It is of interest that the Polish Embassy at Washington in a pres release issued on August 10, 1951, also clearly linked the two subjects of the proposal to terminate Article VI of the 1931 Treaty and the closing of the United States Information Service office at Warsaw These two subjects, so closely connected in time and in the actions Я F 1 I t S I C I t t 2 1 Jozef Winiewicz. Department of State Bulletin, Oct. 22, 1951, pp. 652-653. 3 Ibid., pp. 651-652. + See statement of Aug. 9, 1951, by the Department of State; supra. 5 Treaty of June 15, 1931; 48 Stat. 1507. 19. EASTERN EUROPEAN COMMUNIST REGIMES 2139 SIS 91 eve af Ministry of Foreign Affairs that the publications of the United but the minds and in the intentions of the responsible officers of that Government. lish The United States Government is always prepared to encourage, Free on a fair and reciprocal basis, the free exchange of information between his nations. It can, however, only regard as hypocritical or naive the attitude of a Government which, having practiced reprisals in the ced name of legality, then proceeds to denounce as "reprisals” the practice, by another Government, of the principle of reciprocity. The Polish Government also alleged in its note of August 14, 1951, een which, it may be noted, was issued as a press release three days later by the Polish Embassy'at Washington, that the closing of the Polish in- Research and Information Service proves that the United States ork Government wishes to separate the American people behind an Iron Curtain from all news of the peaceful attitude and activities of the Polish nation. The facts which are relevant to this allegation must be known to ES: the Polish Government. It is a matter of common knowledge where the Iron Curtain was created and where it is maintained by govern- ments exercising a monopoly of police and political power and claiming to exercise a monopoly over all sources of public information. It is also a matter of common knowledge, reported almost daily in the free CT, press ote of the world, from which direction and from which countries, the men, women, and children escape, at desperate risk, to join the com- munity of freedom in the Western World ted The extent to which the contents of this note are made known to the people of Poland by the Polish press and radio will provide a significant commentary on the location of the Iron Curtain. The Government of the United States rejects the contention of the Ministry of Foreign Affairs that the activities of the United States Information Service in Poland went beyond the accepted scope of normal activity of a diplomatic mission or were against the interests The United States carries on these activities as part of its diplo- matic functions in sixty-four nations, where, far from being subject tes end to police harassment and official impediments, the activities are of welcomed by the governments concerned, which in many cases the cooperate heartily with the United States Information Service in its work among their people. Only in Communist China, Hungary, Rumania, Czechoslovakia, Bulgaria, and now Poland has the United States Information Service been compelled by governmental action cts che The many governments that welcome and cooperate with the United States Information Service are surely not incompetent judges of what constitutes normal diplomatic activity. Nor can they be considered to be insensitive as to what constitutes diplomatic privilege. The United States Government also rejects the assertion of the States Information Service in Poland spread war propaganda and propaganda hostile to Poland. The publications at the United States Information Service in Poland, notably the Daily Wireless ei tes ve 101 of peace. ish 81 18. ENS to suspend operations. INT, DS in 2140 AMERICAN FOREIGN POLICY, 1950–1955 peace, unfounded charges in the Ministry's note of January 16, 1953,4 graph of the Ministry's note of January 16, the United States Govern- 1 Department of State Bulletin, Feb. 23, 1953, pp. 304-305. See also the US! Bulletin, undertook, among other things, to provide those citizens of Poland who desired to be informed, with accurate accounts of the views expressed and the positions taken by the responsible gover- mental officials of the United States, in the United Nations and elsewhere. Not less importantly, the Bulletin continually reported the views of the duly elected representatives of the people of the United States, and of the responsible journals of fact and opinion in the United States. To allege, as the Ministry of Foreign Affairs endeavors to do, that the publication of such material is to engage in war mongering is to deny the validity of the open and democratic processes by which fire public opinion is formed. It is only in this way that free legislative assemblies can function, that the executive authority of a free gor. ernment can exercise leadership, and that sound and just internationi judgments as expressed in the United Nations, of which Poland i a member, can be formulated. The fact that these democratic processes involve the expression of views repugnant to those held by the present Government of Poland, does not conjure them out of existence or render them propagandi for war. On the contrary, these views are held by governmerk and individuals keenly desirous of maintaining international concerned by developments threatening it, and determined to forestall the betrayal of peace by all possible means. A government which undertakes to deny its people access to such information, the right freely to judge the validity of the views ex. i pressed, accordingly assumes the most serious responsibility. '16 attempt to keep people in ignorance of the facts of the world in which they live, of the forces at work in it, and the reactions which thes forces can create, is not to work for peace but for those miscalculations t and errors that in the past have often led to misunderstandings between nations. History abundantly proves that governments which adopt the policy of denying their peoples access to all the avenues to truth have done so at their own loss, t ] 50. POLISH CHARGES REGARDING ALLEGED SUBVERSIVE ACTIVITIES: Note From the American Embassy at Warsaw to f the Polish Foreign Ministry, February 9, 1953 The Embassy of the United States of America presents its complir ments to the Ministry of Foreign Affairs and on instructions of the United States Government has the honor to reject categorically ti leging aggressive attempts by the Government of the United States on the security of Poland. With specific reference to the last par note of Mar. 28, 1953; ibid., Apr. 20, 1953, p. 578. 2 Not printed. C O S 0 V t 1 C a i 1 C EASTERN EUROPEAN COMMUNIST REGIMES 2141 zament rejects the allegations of the Polish Government that an aircraft the belonging to the Armed forces of the United States violated Polish en territory on November 4, 1952, and that the United States has organ- and ized aggressive “intelligence and subversion” on Polish territory. rted The charges are very clearly a part of a larger pattern of accusations the made with increasing vehemence during the past few months by a mion number of governments dominated by a single totalitarian political party. As the Polish Government is well aware, these recent charges that have been leveled against Christians and Jews, Communists and former # Communists, workers, peasants and intellectuals, and even against fre many once prominent and trusted officials occupying positions of Etire great power in the very governments which are now making the gor-charges. onal stal The free world, and no doubt many in that part of the world which di is not free, has viewed these accusations with profound skepticism and deep disgust, seeing in them the characteristic excesses of men hys- ssion terically fearful that they will lose the absolute power which has cor- and, rupted them. To the extent, however, that this macabre process of and almost daily accusation actually reflects a genuine struggle of men to be ente free and masters of their own thoughts and souls, the Government and cace people of the United States cannot be disinterested. Sympathy and concern for the welfare and aspirations to freedom of peoples of other lands has been a continuing and important feature such of American history from the beginning of the United States as an es independent country. The names of Pulaski 1 and Kosciuszko, of Kossuth ® and Krzyzanowski,4 of Paderewski - and the elder Masaryk, lied all of whom found haven and support in the United States during their he struggles for the freedom of their homelands bear eloquent testimony dions to the continuing American interest in the liberty and independence BD of the countries of Central and Eastern Europe. The Polish Government in its note of January 16 alleges that while rull the American nation desires peaceful relations with the Polish nation, the policy of the Government of the United States is anti-Polish The absurdity of this contention is apparent to anyone acquainted with the democratic and representative nature of the political insti- FTVE tutions of the United States which ensure, contrary to the situation which prevails in totalitarian regimes, the faithful reflection of the popular will in the policies followed by the Government of the United dort w to pl the the cates * Count Kazimierz Pulawski (1748–1779) served in the United States as a cavalry officer (1777-1779). Tadeusz Kosciuszko (1746-1817) served in the United States as an engineering officer (1776-1783) before returning to Poland and again resided in the United States as a private citizen (1797–1798), Lajos Kossuth (1802–1894) spent the years 1851-1852 in the United States after the collapse of the insurrection he had headed in Hungary. Vladimir Bonaventure Krzyzanowski (1824-1877) came to the United States in 1846, served in the American Civil War, buried in Arlington Cemetery. Ignace Jan Paderewski (1860–1941) spent most of the latter part of his life Tomas Garrigue Masaryk (1850-1937) spent some time in the United States the World War I period in connection with the establishment of the new state 818- ern in the United States. US of Czechoslovakia. 2142 AMERICAN FOREIGN POLICY, 1950–1955 States. In any event, the question of whether the policy of the United States Government is anti-Polish is one which the United States is happy to leave to the judgment of history, confident that the recon clearly shows that from its earliest beginnings as an independent com- try, the United States has always been, and remains, a firm friend of Poland. It is also impossible to understand the grounds on which the Mi istry bases the fantastic allegation that the United States Government desires to transform Poland into a colony of the United States. Its understandable that under the conditions which prevail in Polands the present time many citizens of Poland might entertain legitimate fears regarding the possible reduction of Poland to the status of a colony, but it is certainly not on the Government of the Unital States that responsibility for these unfortunate conditions rests. A very few years ago both Poland and the United States fought side by side in defense of their national existence against an evil and powerful enemy. For several years after that war, the United States through official and unofficial channels, undertook a massive and varied program of economic assistance to the people of Poland. As a part of that assistance, UNRRA,' which was financed largely by the United States, delivered to Poland food, clothing, medical, industrial and agricultural supplies in the amount of $477,927,000. This was more than was supplied to any other European country, and was on: sixth of the total assistance granted to all war-devastated countris throughout the world. Moreover, it was the Polish Government itself which announced i July 1947 a decision not to participate in the European economi recovery program which offered additional great possibilities for p building war damage in Poland and for raising the standard of living of the hard-pressed Polish people. In its note of January 16, 1953 the Ministry of Foreign Afair saw fit to return to the subject of Section 101 of the United States Mutual Security Act of 1951, and to repeat the baseless charges contained in its note(s) of December 19, 19513 and January 12, 1982 As the Polish Government was informed more than a year ago Section 101 of the Mutual Security Act is intended to provide assas ance to victims of oppression, where such assistance has been deter mined to contribute to the defense of the North Atlantic Area. The purely humanitarian program for extending care and assistance ! resettlement to refugees which is now being actively carried out under this legislation is completely consistent with the policy of the United Nations of rendering assistance to people who have been forced to flee from their homelands. With regard to the allegations in the Polish note under referemus attempting to establish a connection between the Embassy at Warser 1 United Nations Relief and Rehabilitation Administration. 2 Act of Oct. 10, 1951; 65 Stat. 373. 3 Not printed. 4 Not printed. 5 In a note not printed. EASTERN EUROPEAN COMMUNIST REGIMES 2143 ited S IS con dd Min pent It is det nate of a lited and the murder of a Polish radio announcer, the Government of the United States states categorically that these allegations are groundless, and that the Government of Poland must be aware of that fact. Concerning the further allegation that United States Government information activities have sown hatred toward Poland, it is to be noted that the aim of these activities with respect to Poland is to provide accurate news and commentaries on important developments to the Polish people who, cut off from such information by their own authorities, are naturally eager to be informed by other means. As the Government of the United States observed to the Polish Embassy at Washington in a note of September 20, 1951, history abundantly proves that governments which adopt the policy of denying their peoples access to all the avenues to truth have done so at their own loss. During the past century and three quarters Poland has several times been partitioned by powerful neighboring states, and at times has been occupied by one of them. During these tragic years of Polish history, no people and no government has had a warmer ad- miration for the unquenchable Polish love of liberty than the people and Government of the United States, and none has had a firmer faith in the final outcome of the Polish struggle for liberty and national independence. Ueri ates and As & the tria ) 1786 One min ed in 51. KATYN MASSACRE: Note From the United States Represent- ative to the United Nations 2 to the Secretary-General, February 10, 19534 omk VIDE daus cates, urges 5 952.' 200 sist eter- The e In nder nited EXCELLENCY: On September 18, 1951, the House of Representatives of the United States Congress provided for the establishment of a Committee to conduct an investigation and study the facts, evidence, and circumstances of the Katyn massacre, committed against thou- sands of Polish Army officers and civilians during World War II. The Committee held hearings in the United States, United Kingdom, Germany, and Italy. In the course of its inquiry into the responsi- bility for the massacre the Committee heard testimony from 81 witnesses , studied 183 exhibits, and studied and received 100 deposi- tions taken from witnesses who could not appear at the hearings. In addition, the Committee staff has questioned more than 200 other individuals who offered to appear as witnesses but whose information was mostly of a corroborative nature. The account of the Com- mittee's inquiry is set forth in the seven volumes entitled "Hearings Before the Select Committee to conduct an Investigation of the Facts, Evidence, and Circumstances of the Katyn Forest Massacre", two to enna ESATA 1 Supra. 2 Henry Cabot Lodge, Jr. 3 Trygve Lie. Department of State Bulletin, Feb. 23, 1953, pp. 322-323. $ H. Res. 390, 82d Cong., 1st sess. 4 2144 AMERICAN FOREIGN POLICY, 1950–1955 8 The short-lived constitution of May 3, 1792, whose institution was opposed sets of which I have the honor to transmit with this communication , The findings and conclusions on this phase of the Committee's in quiry are contained in the Interim Report. I am enclosing 70 copies of the Interim Report with the request that you transmit a copy of the Interim Report together with a copy of this communication to the Representative of each Member of the United Nations as a matter pertaining to United Nations objectives in the field of Human Rights. It will be noted that the Interim Report contains references to the "Hearings” referred to above and enclosed herewith. May I ask you to make these volumes available to any Representative who may wish to refer to them. 52. 162d ANNIVERSARY OF THE POLISH CONSTITUTION: Statement by the Secretary of State, May 3, 1953 ? Today [May 3] is the 162d anniversary of the adoption of the Polish Third of May Constitution, a step of worldwide significance on the road toward modern, Western democracy. In the days of its independence the Polish Nation celebrated this anniversary freely and with patriotic devotion as the national holiday. In their present unhappy bondage the Polish people commemorate the occasion no less solemnly, although those in Poland, as we all know, may do so only in their hearts and thoughts. The Polish Nation is rightly proud of its splendid history which illustrates, as does all history, that no tyranny can suppress perme- nently the freedom of a nation which truly desires freedom. Free- dom—the freedom of nations as well as freedom of the individual—is at the heart of American policy. It is the same principle which the Poles inscribed on their banners—"for our freedom and for yours. On this occasion I send to the Polish people an expression of the warm, friendly sympathy of the American people and of their Govera- ment. We salute true Poles wherever they may be. We join with them in the hope and faith that the Polish desire for freedom and independence will find the fullest realization. 1 Report of July 2, 1952; H. Rept. No. 2430, 82d Cong., 2d sess. H. Rept. No. 2502, 82d Cong., 2d sess. 2 Department of State Bulletin, May 18, 1953, p. 721. The statement was released to the press May 2, 1953, 7:00 p.m. partitions of Poland by Russia, Prussia, and Austria. See also EASTERN EUROPEAN COMMUNIST REGIMES 2145 OD, . IN- VOS Eisenhower's remarks of Sept. 30, 1953 (ibid.), and the statement of Sept. 22, 53. RELIGIOUS PERSECUTION IN POLAND: Statement by the Department of State, September 30, 1953 1 lest In denouncing the arrest and forced retirement of the Primate of OPS Poland, Cardinal Wyszynski, the President expressed the condemna- the tion by the American people of this new act of Communist terrorism against religion. It is clear to everyone that the outright war on religion conducted the by the Polish regime is also an attack on the national traditions of ask which religion has always been a vital part. The Polish Communists 791 have committed a crime against a true leader of the Polish nation, and the memory of it will never be erased. The American people are profoundly convinced that the religious persecution now being carried on in Poland will not achieve the purpose Nintended. We are confident that the religious spirit of man will not be subdued or extinguished and will remain a sustaining force in Poland during the present tragic suffering of the Polish nation. the 01 iis els 54. CLOSING OF POLISH CONSULATES GENERAL IN THE ent UNITED STATES: Note From the Secretary of State to the Polish DO Ambassador at Washington, 2 February 25, 1954 3 The Secretary of State presents his compliments to His Excellency ich the Ambassador of the Polish People's Republic and has the honor to inform the Ambassador that the Department of State has reviewed the activities of the Polish Consulates General in the United States. After careful consideration the Department has reached the conclusion the that these Consular establishments serve no useful purpose in the conduct of relations between the United States and Poland at the the present time. The United States Government, consequently, requests that the Polish Government close its Consulates General at New York, Chicago and Detroit and withdraw the personnel of those offices within a reasonable period for liquidating their affairs. Department of State Bulletin, Oct. 19, 1953, p. 529. See also President also Oct. 5, 1953, pp. 456–457). 2 Jozef Winiewicz. * Department of State Bulletin, Mar. 8, 1954, p. 352. SO ma- ee } r! ith und WAS osped 195) 415900~57-Vol. 232 2146 AMERICAN FOREIGN POLICY, 1950-1955 5 See the Yalta Declaration on Poland (Feb. 11, 1945); A Decade of American 55. ARREST OF POLISH UNDERGROUND LEADERS IN 1945: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, April 21, 1955 1 The Embassy refers to representations which were made in 1945 by a United States official 2 with Premier Stalin at Moscow and by the then Secretary of State 3 with Foreign Minister Molotov at the San Francisco Conference on the United Nations Charter with respect to the arrest of 16 leaders of the Polish Underground by Soviet authorities on March 28, 1945.4 It is recalled that the Underground had waged a bitter struggle the side of the Allies and in the defense of Poland against foreign aggression and occupation in the Second World War. The arrest of these men, members of various Polish political parties and groups aroused great concern throughout the world. It may also be noted that the 16 Polish leaders were arrested at a time when the Western Allies were making an effort, in accordance with international dis- cussions, to have a new Polish Government formed on a democratie basis by the inclusion of Polish leaders from abroad and from the Underground in Poland. In virtue of this interest the United States made its inquiries to the Soviet Government in 1945 with a view to obtaining information regarding the arrested men. The United States Government now wishes to raise this matter again. Certain developments subsequent to this arrest are well-known The men were transported from Poland to the Soviet Union and were tried by a Soviet court in June 1945. Most of them were in the Soviet Union. Some were re-arrested in Poland and sentenced to imprisonment in Polish jails. The longest Soviet sentence was that of ten years, imposed on Major General Okulicki. The United States Government notes that if General Okulicki's sentence began on the date of his arrest he has now presumably com- pleted his term of imprisonment. Since all of the other Soviet sen- tences were of lesser length it is assumed that none of the sixteen men originally arrested are now held in Soviet jails. The United States Government also wishes to point out that despite continued interest in the fate of these Polish leaders, nothing is known of the whereabouts of several of them and there is even some doubt as to how many are still alive. So far as the United States Government is aware the following three members of the group, in addition to General Okulicki, have not ye returned to Poland: Jan Stanislaw Jankowski, Stanislaw Jasiukowice 1 Department of State Bulletin, May 2, 1955, pp. 737-738. A similar note * the Polish Foreign Ministry contained the following additional paragraph: "It i also understood that Stanislaw Michalowski and Kazimierz Kobylanski wele re-arrested following their return to Poland from the Soviet Union. Their ultimate fate, as well as that of Adam Bien, Alexander Zwierzynski and Jozef Stemler-Dabski is unknown"; ibid., p. 738. 2 Ambassador W. Averell Harriman. 3 Edward R. Stettinius, Jr. 4 See Department of State Bulletin, May 6, 1945, p. 850. imprisoned Foreign Policy, pp. 30–31. EASTERN EUROPEAN COMMUNIST REGIMES 2147 ki 101 3 Ibid., Mar. 20, 1950, pp. 443-444. and Antoni Pajdak. Dating from the time of their original arrest, iet Jankowski's sentence would have ended March 28, 1953, and that of Jasiukowicz, and possibly of Pajdak, on March 28, 1950. Under these circumstances the United States Government wishes by to request that the Soviet Government provide information as to the which of these sixteen men are still in the Soviet Union, and under Dan what circumstances. Information is also requested regarding any of sto the men who may have died in the U.S.S.R. ties 01 ig H. RUMANIA aps . ted cer 56. AMERICAN INFORMATION AND CULTURAL ACTIVITIES dis . IN RUMANIA: Note From the American Legation at Bucharest atic to the Rumanian Foreign Ministry, April 26, 1950 1 the ates Ito The Legation of the United States of America presents its compli- ited ments to the Ministry of Foreign Affairs and, with reference to the Ministry's note of April 14 2 concerning the information and cultural activities of the American Legation at Bucharest, has the honor to communicate the views of the United States Government as follows: The nature and tone of the Rumanian Government's response to the inquiries contained in the Legation's note of March 6 3 are such Ehet that the United States Government considers it unnecessary to refute in detail the contentions of the Ministry's note under reference. The accusations against the United States and its official repre- sentatives, by which the Rumanian Government seeks to justify its demand for the cessation of the activities of the United States In- formation Services in Rumania, would be ludicrous if they were not so serious in their implications for that understanding between peoples Nevertheless, the United States Government takes occasion to state categorically that the Rumanian Government's charges of im- proper activities on the part of employees of the United States In- formation Services in alleged conspiracy against the Rumanian Gov- ernment are completely baseless. Indeed, the United States Govern- ment wishes to remind the Rumanian Government that no credence can be placed in purported evidence which it adduces in support of Department of State Bulletin, May 8, 1950, p. 735. See also statement of Apr. 26, 1950, by the Department of State; ibid., pp. 732–733. 2. Ibid., pp. 733-734. The Rumanian note charged that the U.S. Information office had "served to organize activity hostile to the Rumanian people”; that the trials of certain conspirators, spies and saboteurs", showed the role played by employees of the Information Office in "espionage activities"; and that the United States obstructed cultural exchange by refusing to admit Rumanian delegates to "peace meetings” in the United States and hindering the cultural activities of the Rumanian Legation at Washington. WD. Terg ned aced ki's om sen- nen which is essential to peace. pite 31 ubt ured Fet FICZ je to I It i were "heir lozef sical 2148 AMERICAN FOREIGN POLICY, 1950-1955 these charges as developed in "trials" which the Rumanian authorities manipulated in such a way as to create a false impression of United States Information policies and of the legitimate activities of official United States representatives. The United States Government is confident that the people of Rumania, no less than the free peoples of the world, will regard the Rumanian Government's allegations as a reflection of its fear of free- dom of information. Such fear is reflected in the Rumanian Govern- ment's comprehensively restrictive measures which have the effect of cutting off the Rumanian people from contact with the United States and other democratic nations. The sole aim and practice of the American Legation's Information Office, as with the United States Information Services everywhere has been to furnish a channel of information and cultural exchange between the peoples of Rumania and of the United States, affording all elements of the Rumanian population an opportunity for news and a balanced picture of America which are denied them by the Govern- ment-controlled press and radio of Rumania and constantly misrepre- sented to them by Rumanian Government spokesmen. The United States Government reaffirms its view that informational and cultural exchange constitutes a normal and proper function of diplomatic mission which is able to contribute to understanding be- tween peoples. The United States Government, in its international relations as in domestic affairs, staunchly adheres to freedom of infor- mation. It believes in the inherent right of individuals and nations to a free flow of information which they may freely judge for them- selves. The Rumanian Government's persistently unfriendly behavior toward the United States and its lack of cooperation in promoting international amity give a hollow tone to its voice in the Communist "peace offensive”. Issues of the American Legation's news bulletin, to which the Ministry's note refers, contain expressions by the Presi- dent and Secretary of State concerning United States efforts for world peace and the constant United States willingness to share in promoting peace. Any government genuinely disposed to foster peaceful rela- tions and friendly intercourse among nations will find the United States ready to cooperate in furthering these ends. 57. RESTRICTIONS ON TRAVEL OF RUMANIAN DIPLOMATS IN THE UNITED STATES: Note From the Acting Secretary of State 1 to the Rumanian Minister at Washington, 2 May 25, 1950 3 The Acting Secretary of State presents his compliments to the Honorable the Minister of Rumania and, referring to the inordinate restrictions imposed by the Rumanian' Government upon official 1 James E. Webb. 2 Mihai Magheru. 3 Department of State Bulletin, June 5, 1950, p. 921. EASTERN EUROPEAN COMMUNIST REGIMES 2149 es d AL of : he American personnel in Rumania, has the honor to inform him as follows: Effective immediately, members of the Rumanian diplomatic rep- resentation in the United States and the Rumanian employees of that Mission, as well as their dependents, may not travel outside of a designated area except by special permission. The limits of the area under reference are fixed at a distance of thirty-five miles from the boundaries of the District of Columbia. Permission to go beyond the area so described shall be requested in advance of the Department of State according to a prescribed form, of which a facsimile is enclosed herewith. 1 Copies of this form may be obtained from the Department upon request. Travel outside of the designated area should not be undertaken prior to receipt by the Legation of authorization from the Department of State. n- ct ed ge ng 0- de 58. REDUCTION OF UNITED STATES REPRESENTATION IN RUMANIA: Statement by the Acting Secretary of State, May 26, 19503 al & tv al r ៗទេ 1 31 28 st 1, Id The United States Minister to Rumania, Rudolf E. Schoenfeld, delivered to the Rumanian Minister for Foreign Affairs, Mme. Ana Pauker, on May 22 4 a note in reply to the Rumanian Government's demand of May 13 5 that the staff of our Legation at Bucharest be reduced to 10 persons. The United States note refused to admit the propriety of a receiving state (like Rumania) attempting to determine arbitrarily and uni- laterally the composition of the diplomatic mission of a state with which it maintains relations. Our reply flatly rejected the pretexts on which the Rumanian Government based its demand. However, taking into account the Rumanian Government's evident lack of dis- position to further the interests of the two countries in the mainte- nance of normal diplomatic relations, we indicated our intention to reduce the official personnel of our Légation to conform to the situa- tion created by the arbitrary attitude of the Rumanian Government. On the occasion of delivering our reply to the Rumanian demand for the reduction of our Legation staff at Bucharest, the United States Minister informed the Rumanian Minister for Foreign Affairs that, in view of the severe travel restrictions imposed by the Rumanian authorities upon official American personnel in Rumania, the United States Government has decided to apply similar restrictions to official Rumanian personnel in the United States. The Rumanian Foreign Minister was told that, in the application of these restrictions, the United States Government would take account of the current treat- ment of American officials in Rumania. ng ed 5 of 3 ne te 1 Not printed here. ? James E. Webb. 3 Department of State Bulletin, June 5, 1950, p. 921. Not printed. • Not printed. 2150 AMERICAN FOREIGN POLICY, 1950–1955 2 3 Members of the Legation had openly disposed of a small quantity of outdated A note has been delivered to the Rumanian Minister in Washington informing him of the limitations on travel in the United States by personnel of the Rumanian Legation and of the procedure for obtaining authorization to travel. 59. RUMANIAN CHARGES REGARDING ALLEGED SUBVER SIVE ACTIVITIES: Note From the American Legation at Bucha. rest to the Rumanian Foreign Ministry, June 20, 1950 The Government of the United States has taken note of the manner in which the Rumanian Government has misrepresented an action on the part of certain members of the American Legation relating to the disposal of some obsolete small arms ammunition. The United States Government has also noted the Rumanian Government's de- mand in this connection for the recall of Captain Herschel Hutsin- piller, Assistant United States Army Attaché at Bucharest. It is illustrative of the conduct of diplomatic relations by the Rumanian Government that, through its organs of propaganda, it should have launched a new virulent attack against the American Legation and the United States Government on the basis of an arti- ficially exaggerated and distorted incident, without so much as first seeking an explanation through the American diplomatic representa- tives in Rumania. It is also characteristic that, after stating on June 9 that the Ru- manian Government "would leave it up to the United States Govern- ment to decide what to do about Captain Hutsinpiller" and without awaiting the transmission of a reply from the Government of the United States, the Rumanian Ministry of Foreign Affairs on June 14 should have peremptorily demanded the recall of Captain Hutsinpiller. The quantity of the ammunition in question was negligible . It was disposed of in an open manner which belies assertions that this action had a clandestine or secretive character. The false construc- tion placed by the Rumanian Government-controlled press on the intentions of the United States Government and its representatives in connection with this insignificant incident is patent on its face . The United States Government is withdrawing Captain Hutsin- piller. At the same time, it repudiates the alleged justification for the Ministry's demand. The use which the Rumanian authorities have made of this episode and the abuse, on this as on former occa- sions, of the right to declare a foreign official unacceptable can only lead to the conclusion that the Rumanian Government's action is 1 Supra. 2 Department of State Bulletin, July 3, 1950, pp. 29-30. ammunition left over from the supplies of the U.S. military representation the Allied Control Commission, whereupon the Rumanian press interpreted the incident as showing that the Legation was hiding arms to be supplied to Be manian dissidents. See statement of June 21, 1950 by the Department of State; ibid., p. 30. C ! 1 1 1 ? + 1 1 EASTERN EUROPEAN COMMUNIST REGIMES 2151 3D Or er )n to ad . n. 1.1 ti st International Acts, Protocols, and Agreements between the United States of America 3 Treaty of Feb, 10, 1947; TÍAS 1649 (61 Stat., pt. 2, p. 1757). not really based upon the incident or upon the conduct of Captain Hutsinpiller but is part of a deliberate and centrally directed policy being carried out throughout Eastern Europe, to interrupt the normal conduct of diplomatic relations between the United States and the states of that area. 3. 60. RUMANIAN-AMERICAN RELATIONS: Statement by the Sec- a. retary of State, June 23, 1950 1 Over the past 3 years, the Rumanian Government has subjected our diplomatic representation at Bucharest to progressively severe restrictions, impediments, and discourtesies. These not only dras- tically curtail the performance by our mission of its normal diplo- matic and consular functions, but they also violate the existing consular agreement with Rumania ? and effectively deprive our chief of mission of rights and privileges to which he is entitled by his special responsibilities under the Treaty of Peace with Rumania. he For a year now, there have been in effect in Rumania travel re- it strictions which, as administered by the Rumanian authorities vir- tually confine our representatives to Bucharest and its immediate environs. Theoretically, these restrictions are imposed on all diplo- matic personnel. Theoretically also, our people may travel to a few designated places by special pei mission. This is of little value since the Rumanians as å rule delay unduly or fail to issue travel permits At the time the travel restrictions were imposed, we were given informal assurance that we had only to ask and we would be per- mitted to travel to Constanza in connection with incoming shipments for the Legation. This, like many other such assurances, has proved The Rumanian Government has deprived our personnel of premises for which they had rental contracts at destinations where they might be permitted to go. When no other accommodations are available, it is of little use for them to travel there. Altogether the restrictions and harassments to which our mission in Rumania has been subjected by the Rumanian Government are more comprehensively severe than those of any other country. We do not accept the thesis that we must conduct our relations toward one state and its representatives, regardless of its behavior toward us and our representatives, in the same way as we would toward The institution on May 25 of the travel-procedure applicable to personnel of the Rumanian Legation here involves reciprocity of diplo- matic comity, a principle which the Rumanians have emphasized to 1 Department of State Bulletin, July 3, 1950, p. 30. Convention of June 17, 1881; William M. Malloy, ed., Treaties, Conventions, &- U- II ut he 14 Br. It hollow. IS C- he tes Il OL es 8. other states. IS ed ne Il- ce; > 2152 AMERICAN FOREIGN POLICY, 1950–1955 ment, if taken at face value, would be that the Rumanian Government an extreme degree. As the Rumanian Government was informed our administration of the travel procedure will be carried out with i view to the current treatment of our representatives in Rumania. It is interesting to note that the Rumanian protest recognizes the the imposition of travel restrictions by a receiving country upon the official personnel of a sending country constitutes a limitation on the normal activity of a diplomatic mission. When the Rumanian Gok . ernment is disposed to remove the restrictions which it has placed on the travel of our representatives in Rumania, we will be ready to alta appropriately the restrictions which are presently applicable to per : sonnel of the Rumanian Legation here. 61. RUMANIAN PROTEST AGAINST TRAVEL RESTRICTIONS Note From the Secretary of State to the Rumanian Minister of Washington, 2 July 3, 1950 3 The Secretary of State presents his compliments to the Honorable the Minister of Rumania and, with reference to his note No. 2421 June 19, 1950,4 has the honor to respond to the Rumanian Govert- ment's protest against regulations which the United States Govern ment has instituted in respect of travel by personnel of the Rumanian Legation at Washington. It is of interest to note the Rumanian Government's explicit acknow . edgment that the imposition of travel restrictions by a receiving government upon the official personnel of a sending government com- stitutes a limitation of the normal activity of a diplomatic Mission With this view, the United States Government readily agrees. Restrictions of movement, like restrictions upon the free flow of information and cultural exchange as imposed by the Rumanian Government, are basically distasteful to the American people and ils Government. Travel regulations applicable to personnel of the Rumanian Legation at Washington have been instituted merely as a reciprocal limitation of diplomatic privilege in view of the nature ant effect of travel restrictions as applied by Rumanian authorities to members of the American Legation at Bucharest. On the one hand, the Rumanian Government complains that restrictions on the travel of its Legation personnel tend to prevent | diplomatic Mission from carrying on its normal activity. On the other hand, the Government of Rumania alleges that its own restrictions are applied without discrimination to all diplomatie Missions in Rumania. The inescapable deduction from this area . 1 See the U.S. note of May 25, 1950, and statement of May 26, 1950, by Acties Secretary Webb; supra, docs. 57 and 58. 2 Mihai Magheru. 3 July , See statement of June 23, 1950, by the Secretary of State; supra. The June 4 1950, note is not printed. EASTERN EUROPEAN COMMUNIST REGIMES 2153 * Department of State Bulletin, Mar. 2, 1953, pp. 333–335. bilo med. is applying measures which tend to prevent the performance of normal ith : activities by all diplomatic Missions in Rumania. Without debating the artificial contention of the Rumanian Govern- the ment that its travel restrictions are nondiscriminatory, it may be said a thel that the United States Government rejects the thesis that, no matter n the how obstructive and abnormal the behavior of a particular state Gor toward American interests and official American representatives, the do conduct of United States relations with that state must correspond alte uniformly with the conduct of United States relations with other states. At such time as the Rumanian Government may be disposed to remove the restrictions which it has placed upon the travel within Rumania of American Legation personnel, especially in performance of the normal functions of a diplomatic Mission, the United States DNS Government will be prepared to alter accordingly the restrictions which presently apply to travel by personnel of the Rumanian Legation er at within the United States. Meanwhile, as the Rumanian Government has been informed, the travel procedure will be administered with a view to the current treatment in this regard by Rumanian authorities of the United States representatives in Rumania. 21 0 per vern- Pein- 10/10 62. PLOESTI TRIAL OF FORMER EMPLOYEES OF THE ROMANO-AMERICANA OIL COMPANY: Note From the Amer- ican Legation at Bucharest to the Rumanian Foreign Ministry, February 20, 1953 2017 iving 1 COD- SION. W The Legation of the United States of America presents its compli- ments to the Rumanian Ministry for Foreign Affairs and under instruc- tions from its Government has the honor to call the Ministry's atten- niso tion to the "trial” at Ploesti from February 9 to 12, 1953, of various dis Rumanian citizens, some of whom are former employees of the the Romano-Americana Oil Company. Since, in the proceedings in the as il courtroom during the trial and in the commentaries published in the and Rumanian press and broadcast over the official radio, various un- s to founded allegations and statements were made concerning the Amer- ican oil companies and former American officials, the following facts that are brought to the Rumanian Government's attention. The Romano-Americana Oil Company was largely owned by citizens the of the United States of America who had invested huge sums great risk in the development of Rumanian petroleum resources. alil This was one of the important factors which enabled Rumania to regulattain the substantial production of 8,600,000 metric tons of crude oil nent in 1936. During the state of active war which existed between Rumania and the United States (1941-44) this company was seques- tered by the Rumanian Government and administered as enemy property over which the United States owners had no control. In these circumstances, it was axiomatic that as soon as Rumania t its a Fel ! at cting ell 2154 AMERICAN FOREIGN POLICY, 1950–1955 during the fighting and bombing in 1944 sharply reduced possibilities had concluded an armistice with the Union of Soviet Socialis Republics, Great Britain and the United States of America, repre sentatives of these powers who constituted the Allied Control Com- mission for Rumania should have been restored to control of property belonging to their citizens. This was a matter of concern both to the Government of the United States and to American citizens directly concerned with the ownership and management of the Romans Americana Oil Company The Rumanian Government can have no legitimate complaint regarding any steps taken by American officials and American officer of that company to keep informed about American property and about operation of that company in the years 1945, 1946, and 1941 , years in which a state of war still existed between Rumania and the United States of America. American owners had every right to know of the state of production of their company, its activities, personne , financial status, sales, etc. Moreover, there were at that time no such laws concerning state secrets” as now exist in Rumania, as substan- tially all of the information about which such slanderous statements have been made in connection with the Ploesti trial, was openly published in the Monitorul Petrolului Roman. If the Rumanian Government is not already aware of the fact, the Government of the United States takes this opportunity to inform it that all of the s- called espionage information of the type involved in the Ploesti trial insofar as the American petroleum industry is concerned, freely aval- able in published form in the United States and can thus be open obtained by the Rumanian Legation in Washington. It is clear that no "sabotage" could or did take place under the auspices of the managerial staff of the oil companies. The operatruus of such companies in Rumania after the war were an open book in which all details were known to the three elements (Soviet , British and American) of the Allied Control Commission and to the Rumanian Government. It is true that crude oil production declined after the war and reached its lowest point in 1947. There are two reasons for this , however, neither of which has any connection with falsely alleged "sabotage" by the management of the oil companies, The first and main reason is military. In November and December 1944 alone, Soviet occupation authorities seized about 48,000 metni tons of tubular goods such as casing, tubing, drill pipe and line pipe This amount represented sixty (60) percent of the stocks on head Stocks left in the country amounted to less than that needed for op year's amount of normal drilling. Furthermore, destruction o railway and tank car equipment as well as other petroleum equipment From the petroleum output that continued, 1,080,000 metric tons o petroleum products were taken by the Union of Soviet Socialis Republics as reparations between September 1944 and March 194 alone. During 1945 the Union of Soviet Socialist Republics took 1 Armistice agreement of Sept. 12, 1944; A Decade of American Foreign Polish pp. 487-491. EASTERN EUROPEAN COMMUNIST REGIMES 2155 alist pre om ant 1 ICEN and 947 . NOT such lents 11191 À SO adequate and effective compensation. sixty-eight (68) percent of the total petroleum output and seized exclusively for its own use the majority of available tank cars. Faced with such a situation, the only way to rebuild the industry ) the out of damages resulting from over-exploitation by the Germans dur- ing the war, from military operations, and from Soviet seizures, was eeth investment of large amounts of new capital for repairing existing plant, for replacing lost equipment, and for exploring for new fields. ain This capital did not exist within Rumania in sufficient quantities, a fact which the present government admits when it claims that large quantities of equipment have been imported since 1948 from the Soviet Union at the price of giving that nation a major share in the ownership the and management of the industry through so-called "Sovrom Petrol and "Sovrom Utilaj-Petrolifer' corporations. However, in 1945, anel 1946, and 1947, the only practicable sources of foreign capital were the United States and Great Britain who already had invested so stan much to give Rumania as large a petroleum industry as it then had. Instead of encouraging American-owned companies to invest new funds in Rumania where risk was high, the Rumanian Government enli in connivance with the Soviet authorities in Rumania, after formation f the of Sovrom Petrol in May 1945, instituted a deliberate policy of harassing the operations of all privately owned enterprises. "The alis Rumanian Government took no steps to assist such enterprises in the mai importation of desperately needed equipment, it failed to grant realis- venly tic prices, it barred, for purely political purposes, financial advances from the National Bank, it levied arbitrary taxes, forced qualified the workers to resign, interfered needlessly in the day-to-day conduct of business, and allowed the General Confederation of Labor and the Communist Party to foment pointless strikes. In addition to such harmful practices it soon became painfully obvious that the ultimate intention of the Rumanian Government was to expropriate and nationalize all industrial enterprises except those that were Soviet- owned. When on June 11, 1948 the Rumanian Government did in fact pass legislation for the nationalization of industrial, banking, insurance, mining, transportation and other enterprises, with the aber exception of those having a Soviet interest, the United States Govern- ment pointed out that the legislation, being seriously discriminatory, was expressly prohibited by Article 31 (C) of the Treaty of Peace between Allied and Associated Powers and Rumania signed at Paris on February 10, 1947. It was further pointed out that the nationaliza- tion legislation failed to provide for equitable valuation and prompt, of the Rumanian Government after March 1945 and its obvious inten- tions it is not surprising that the production of American companies declined. To place the blame for such a decline on sabotage is, how- ever, a patently obvious falsification of history. The Rumanian Government may seek to delude its people into be- lieving that the shortages of petroleum products in Rumania in the olicy years 1945, 1946, and 1947 were caused by the actions of the manage- tions k in Itish mig the s for eged etric Dipe and One of ment ties sof alist 941 ook * TIAS 1649; 61 Stat., pt. 2, p. 1757. 2156 AMERICAN FOREIGN POLICY, 1950–1955 1 ment of the oil companies. In fact, as has been shown above, the were due to seizures of equipment and forced exports of such produci to the Soviet Union. The government will have a more difficult time explaining why in 1953, when production, according to official claims is at the highest level in history, gasoline, oil, and lighting and heating fuels are still rationed in the country, farmers must often wait for hours in line to purchase two liters of kerosene for lighting purpose at an exorbitant price, and city residents receive only two liters of kerosene per month. The Government of the United States can arrive at no other con- clusion except that the Government of the Rumanian People's Ré public has deliberately attempted by the so-called Ploesti "trial" and the propaganda connected with it to add to its general campaign misrepresentations against the Government and people of the United States. The American people, including in their midst many thou- sands of Rumanian descent, have always had and continue to have friendliest feelings for the people of Rumania and the desire to col- tribute to their welfare. They deeply regret that the Government of Rumania does not share that desire and persists in taking actions and promoting calumnies and slanders which only aim at destroying the historical friendship between the two peoples. 1 { 1 63. CESSATION OF DISTRIBUTION OF THE ROMANIAN NEWS AND NEWS FROM AMERICA: Note From the Secre tary of State to the Rumanian Minister at Washington, ' Decem- ber 31, 1953 2 The Secretary of State presents his compliments to the Honorable the Minister of Rumania and has the honor to refer to the dissemina- tion of publications within the United States at the instance of the Rumanian Legation. Special reference is made to the periodiel bulletin entitled, The Romanian News. As the Legation is doubtless aware, the Rumanian Government has requested the American Legation at Bucharest to cease further distribution in Rumania of a periodical issued by that Legation entitled News From America. Accordingly, the Department of State requests the Rumania Legation to cease forthwith the publication and distribution in the United States of The Romanian News. The distribution in the United States by the Rumanian Legation of other similar pamphlets published at the expense of the Rumanian Government or its orgabe should also be terminated. 1 Marin F. Ionescu. 2 Department of State Bulletin, Jan. 11, 1954, p. 48. EASTERN EUROPEAN COMMUNIST REGIMES 2157 CON B lave 201 . 2 Department of State Bulletin, June 14, 1954, p. 914. 64. ANTI-SEMITISM IN RUMANIA: Statement by the Deputy ucts Under Secretary of State 1 to a Delegation From the American time Jewish Committee, June 3, 1954 2 ime, ting In recent months the Rumanian Communist regime has brought foi to trial and sentenced to long prison terms scores of Rumanian Jews. 058 Many of these recently sentenced have been held in prison without trial for several years, their only crime being that the regime considers them undesirable. The fate of the victims of this widespread perse- cution is cause for deep concern on the part of the Department of Re State as well as the American Jewish Committee. and The conduct of the Rumanian Government in this instance is but one more example of its callous disregard for human rights and ited fundamental freedoms. In order to instill fear in the hearts of the how 250,000 Jews in Rumania that Government has found it necessary to sentence leaders of the Jewish community so that they might be held as hostages. Such conduct is not only in violation of the pro- ut el visions of the Treaty of Peace with Rumania but also ignores the ions dictates of justice and humanity. ying I am deeply moved by the tragic plight of these unfortunate Jewish leaders and sympathize with the feelings expressed by members of the delegation from the American Jewish Committee. TAN 65. TENTH ANNIVERSARY OF THE COMMUNIST SEIZURE OF POWER: Statement by the Secretary of State, August 23, 1954 3 able Ten years ago today the Rumanian people, under the leadership of ink their King and of the heads of the country's democratic parties, freed the themselves from Nazi domination and joined the Allies in the final lical decisive struggle for liberty. In the Royal Proclamation of August 23, 1944, King Mihai I stated that "the new government marks the Le beginning of an era in which the rights and liberties of all citizens will cher be respected. These promising beginnings were halted on March 6, 1945, when the Soviet Government, in violation of its solemn undertakings, intervened in Rumanian affairs and installed the first of a series of puppet governments which have existed in that captive country the lets The Communist rulers of Rumania have persistently sought to take over this national holiday and make it their own. The grim irony of this attempt is evident when it is recalled that not only did the Communists contribute nothing to the courageous action of August 23, 1944, but also that they have exiled or imprisoned all the 1954 (ibid., May’17, 1954, pp. 755-756) and May 10, 1955 (ibid., May 23, 1955, cre: EVOL the 如​她 ​until today. 1 Robert Murphy 3 P. 842). 2158 AMERICAN FOREIGN POLICY, 1950–1955 e a political leaders who organized and carried out that historic step and have systematically suppressed all human rights and freedom The travesty which the Communist regime seeks to perpetrate cannot deceive the people of Rumania. Likewise, it should not blind the free world to the true significance of this date, or prevent our paying tribute to the fortitude and deep love of liberty of the Ruman- ian people. @ e F 66. RESTRICTIONS ON PHOTOGRAPHY AND SKETCHING Note From the Secretary of State to the Rumanian Minister at Washington, 1 June 9, 19552 1 The Secretary of State presents his compliments to the Honorable the Minister of the Rumanian People's Republic and has the honor to state that the following regulations have been instituted and wil apply until further notice to photography, sketching, and the execution of works of plastic art in the United States by Rumanian officiel personnel and their dependents. 1. Rumanian official personnel and their dependents in the United States may execute works of plastic art, take photographs, or make sketches of historical and architectural monuments; the buildings of cultural, educational, and medical institutions; theaters, museums, city, state or national parks; stadiums; and urban and rural scenes in the background of which there are none of the objects listed below in points 3a through 3g. 2. Within the premises of economic enterprises and organizations engaged in the manufacture of civilian goods, as well as in cultural institutions, Rumanian official personnel and their dependents in the United States may, in individual cases, execute works of plastie art, make sketches, or take photographs provided that they have first obtained the permission of the administration of these institutions and organizations. 3. Rumanian official personnel and their dependents in the United States may not execute works of plastic art, make sketches, or take photographs of the objects listed below. This provision is also appli- cable in cases where the specified objects are under construction: a. Areas where Rumanian official personnel and their dependents do not bave free access. b. Industrial enterprises of any kind. c. Fuel storage depots. d. Military objects, installations, technology and armaments, e. All water ports; airfields and airports; hydro-electric, thermo- electric or nuclear power installations; bridges; railroad junction and terminals; tunnels; reservoirs and dams; silos; and water towers f. Scientific research institutions, offices and laboratories g. Radio, television, telephone and telegraph stations or facilities 1 Anton Moisescu. 2 Department of State Bulletin, July 18, 1955, pp. 105–106. EASTERN EUROPEAN COMMUNIST REGIMES 2159 1 For the text of the Rumanian note of Oct. 13, 1954, describing these regula- Ibid., Nov. 14, 1955, pp. 786–787. 3 Ibid., Nov. 23, 1947, p. 995. step ms. 181- al 4. Rumanian official personnel and their dependents may not execute works of plastic art, make sketches, or take photographs from rate airplanes on flights over territory of the United States. lind 5. Rumanian official personnel and their dependents in the United Ou States may not purchase or otherwise procure the following items except where such items appear in or are appendices to newspapers, periodicals, technical journals, atlases and books commercially avail- able to the general public: NG: 2. Aerial photographs, mosaics and photomaps. b. Maps and charts of scale of or larger than 1:250,000. c. Navigational and hydrographic maps and charts. d. Panoramic photographs or detailed development plans of the industrial cities. will The foregoing regulations are comparable to present Rumanian regulations restricting the execution of plastic works of art, photogra- cial phy and filming, by United States citizens in Rumania which pre- sumably have been instituted for reasons of security. If the Govern- ment of the Rumanian People's Republic should hereafter conclude ted that the international situation were such that security requirements ake enabled it to reexamine its regulations restricting the execution of s of plastic works of art, photography and filming by United States citizens in Rumania and to make available to them materials of the types noted above, the Government of the United States would, in turn, be How disposed to reconsider its own security requirements on the same basis. Dor 100 ms Des ODS oral 67. DEATH OF JULIU MANIU: Statement by the Department of State, October 25, 1955 2 stic Trst ONS ted Government. ats The circumstances surrounding the press interview last week in which Gheorghe Tatarescu, a former Premier and postwar Foreign Minister of Rumania, told of [Juliu] Maniu's death in prison is ako strong evidence that Maniu's death, frequently reported throughout Di Europe , is a fact despite lack of official confirmation by the Rumanian You will recall that in November 1947 Maniu and several other members of the Rumanian National Peasant Party were placed on trial in Bucharest. As Secretary of State Marshall said at that time, this trial, like that of Nikola Petkov in Bulgaria a few months earlier, was a travesty of justice of which the evident purpose was to eliminate democratic opposition to the Communist-dominated regime. Juliu Maniu fought courageously against the forces of reaction and tyranny in his country throughout his long political career. A defender of individual liberty and champion of the Rumanian peasants 10- nos PS. tions, see ibid., p. 106. 2 2160 AMERICAN FOREIGN POLICY, 1950–1955 W 08 SE 1 0 U sh શક 1 TIAS 2349; 2 UST 2254. See also relief agreements of Jan. 6, 1951 (TIAS whom he represented for many years, Juliu Maniu won the devotion of til his followers and admiration and respect everywhere. ti His loss is felt not only by the peoples of Eastern Europe but by 08 friends of democracy throughout the world. 1. YUGOSLAVIA F 68. MILITARY ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES AND YUGOSLAVIA, NOVEMBER 14, 1951 The Governments of the United States of America and the Federal People's Republic of Yugoslavia; Desiring to foster international peace and security within the framework of the Charter of the United Nations through measures t which will further the ability of nations dedicated to the purposes and principles of the Charter to participate effectively in arranget ments for individual and collective self-defense in support of those purposes and principles; Reaffirming their determination to give their full cooperation to the efforts to provide the United Nations with armed forces as com templated by the Charter and to obtain agreement on universal regulation and reduction of armaments under adequate guaranty against violations; Taking into consideration the support that the Government of the United States of America has brought to these principles by enacting the Mutual Defense Assistance Act of 1949,2 as amended , and the Mutual Security Act of 1951, which provide for the fir- nishing of military assistance to certain nations; Desiring to set forth the conditions which will govern the, fu- nishing of such assistance; Have agreed as follows: Article I 1. The Government of the United States of America will make or continue to make available to the Government of the Federal People's Republic of Yugoslavia equipment, materials, services or other assistance in accordance with such terms and conditions as may be agreed. The furnishing of such assistance shall be con sistent with the Charter of the United Nations. Such assistance wil be furnished under the provisions, and subject to all of the terms conditions and termination provisions, of the Mutual Defense As sistance Act of 1949 and the Mutual Security Act of 1951, acis amendatory and supplementary thereto and appropriation 2ck m S - a 2174; 2 UST 13) and Apr. 17, 1951 (TIAS 2245; 2 UST 914). 2 Act of Oct. 6, 1949; A Decade of American Foreign Policy, pp. 1356–1364 . 3 Act of Oct. 10, 1951; 65 Stat. 373. See also infra, pp. 3059–3086. EASTERN EUROPEAN COMMUNIST REGIMES 2161 United States of America dinars for the use of the latter Govern- ond thereunder. The two Governments will, from time to time, nego- tiate detailed arrangements necessary to carry out the provisions it be of this paragraph. 2. The Government of the Federal People's Republic of Yugoslavia will use the assistance exclusively in furtherance of the purposes of the Charter of the United Nations for the promotion of inter- national peace and security and for strengthening the defenses of the Federal People's Republic of Yugoslavia against aggression. 3. The Government of the Federal People's Republic of Yugo- slavia undertakes not to transfer to any person not an officer or TL agent of that Government, or to any other nation, title to or pos- session of any equipment, materials, information, or services, received on a grant basis, without the prior consent of the Government of the United States of America. deral 4. The Government of the Federal People's Republic of Yugo- slavia will provide the United States of America with reciprocal assistance by continuing to facilitate the production and transfer to zure the United States of America in such quantities and upon such terms Dose and conditions as may be agreed on, of raw and semi-processed ma- up terials required by the United States of America as a result of de- howeficiencies or potential deficiencies in its own resources, and which may be available in Yugoslavia. Arrangements for such transfers shall give due regard to requirements of Yugoslavia for domestic COM use and commercial export. ersal anty Article II 1. Each Government will take appropriate measures consistent at with security to keep the public informed of operations under this ded . 2. Each Government will take such security measures as may be fur- agreed in each case between the two Governments in order to pre- vent the disclosure or compromise of classified military articles, furs services or information furnished pursuant to this Agreement. Article III The two Governments will, upon request of either of them, nego- tiate appropriate arrangements between them respecting responsi- for patent or similar claims based on the use of devices, proc- aces esses, technological information or other forms of property protected by law in connection with equipment, materials or services furnished pursuant to this Agreement. In such negotiations consideration shall be given to the inclusion of an undertaking whereby each Government will assume the responsibility for all such claims of As its nationals and such claims arising in its jurisdiction of nationals any country not a party to this Agreement. Article IV 1. The Government of the Federal People's Republic of Yugo- slavia undertakes to make available to the Government of the by Agreement. nake leaf , bility ions COD- 21 rms , of acts acts TAS 415900-57--Vol. 233 consistent with its political and economic stability, the full contribu 2. The Government of the Federal People's Republic of Yugoslari undertakes to take such action as may be mutually agreed upon 3. The Government of the Federal People's Republic of Yugoslari agrees to take appropriate steps to insure the effective utilization 4 the economic and military assistance provided by the Government 2162 AMERICAN FOREIGN POLICY, 1950–1955 ment for its administrative and operating expenditures in connectin with carrying out this Agreement. The two Governments » forthwith initiate discussions with a view to determining the amour of such dinars and to agreeing upon arrangements for the furnishi, of such dinars. 2. The Government of the Federal People's Republic of Yugoslari will, except as otherwise agreed to, grant duty free treatment at exemption from taxation upon importation or exportation to produk property, materials or equipment imported into or exported from i territory in connection with this Agreement or any similar Agreemer between the Government of the United States of America and to government of any other country receiving military assistance Article V The Government of the Federal People's Republic of Yugoslani agrees to receive personnel of the Government of the United State of America who will discharge in its territory the responsibilities : the Government of the United States of America under this Agreemen and who will be accorded facilities to observe the progress of the assist ance furnished pursuant to this Agreement. It is understood betwe the two Governments that the number of such personnel will be kept as low as possible. Such personnel who are United States national including personnel temporarily assigned, will, in their relations wil the Government of the Federal People's Republic of Yugoslavi operate as a part of the Embassy of the United States of Ameris under the direction and control of the Chief of the Diplomatic Mix sion, and will have the same status as that of other personnel wit corresponding rank of the Embassy of the United States of America who are United States nationals. "Upon appropriate notification ) the Government of the United States of America full diplomati status will be granted to an agreed number of the personnel assigue thereto. Article VI 1. The Government of the Federal People's Republic of Yugosla reaffirms that it will continue to join in promoting international unce standing and goodwill , and in maintaining world peace; to mak tion permitted by its manpower, resources, facilities, and general en nomic condition to the development and maintenance of its om defensive strength and the defensive strength of the free world; take all reasonable measures which may be needed to develop defense capacities. eliminate causes of international tension. P 6 : ti 8 & Y ti 8) n 81 the United States of America, EASTERN EUROPEAN COMMUNIST REGIMES 2163 ection e. ional s mit slavi sentative; Department of State Bulletin, Jan. 14, 1952, pp. 62-63. a General Assembly, Official Records, Annexes, agenda item 68 (A/1946). Article VII $5 1. This Agreement shall enter into force on the date of signature; mou and will continue in force until one year after the receipt by either ishing Party of written notice of the intention of the other Party to ter- minate it, provided that the provisions of Article I, paragraphs 2 and Islari 3, and arrangements entered into under Article II, paragraph 2, and 1 an under Article III, shall remain in force unless otherwise agreed by dust the two Governments. omit 2. The Government of the United States of America reserves the eme right at any time to suspend its assistance to Yugoslavia made avail- ad te able pursuant to this Agreement, including deliveries of all supplies scheduled but not yet transferred. 3. The two Governments will, upon the request of either of them, consult regarding any matter relating to the application of this Agree- aslan ment or to operations or arrangements carried out pursuant to this State Agreement. ties. 4. The terms of this Agreement may at any time be reviewed at semed the request of either Government or amended by agreement between assist the two Governments. twee 5. This Agreement shall be registered with the Secretary General e kept of the United Nations. Done at Belgrade, in duplicate in the English and Serbo-Croat languages, this fourteenth day of November, 1951. mern 69. HOSTILE ACTIVITIES OF THE SOVIET UNION AND ITS ALLIES AGAINST YUGOSLAVIA: Resolution 509 (VI) of the United Nations General Assembly, December 14, 1951 Signe The General Assembly, Having considered the complaint 2 submitted to it by the delegation of the Federal People's Republic of Yugoslavia concerning the ac- tivities of the Government of the Union of Soviet Socialist Republics and the Governments of Bulgaria, Hungary, Romania and Albania, as well as the Governments of Czechoslovakia and Poland, against with serious concern the tension between Yugoslavia on side, and the other above-mentioned countries on the other hop Mindful of the purpose of the United Nations "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples , and to take other appropriate measures to strengthen universal peace”, General Assembly, Oficial Records, Sixth Session, Supplement No. 20 (A/2119), Bente i See also remarks of Dec. 14, 1552, by John Sherman Cooper, U.S. Repre- merich CM l with ion by I osleri unde make atribu OITA Yugoslavia, Viewing the side. and! slate oslari tione zenta 2164 AMERICAN FOREIGN POLICY, 1950-1955 S cont cord vari The talks have led to an increased understanding on the part of the is anticipated that further consideration of these matters will be carried 71. Mindful of the authority of the General Assembly to "recommend S measures for the peaceful adjustment of any situation, regardless e G origin, which it deems likely to impair the general welfare or friends relations among nations”, 1. Takes note of the declaration of the Yugoslav delegation the T the Government of Yugoslavia for its part is ready to do all that i slav necessary for the carrying out of the recommendations of the present bass resolution; the 2. Recommends that the Governments concerned: T (a) Conduct their relations and settle their disputes in accordane vidi with the spirit of the United Nations Charter; Gov (6) Conform in their diplomatic intercourse with the rules and T practices which are customary in international relations; (c) Settle frontier disputes by means of mixed frontier commission agre or other peaceful means of their choice. T favo 70. JOINT COMMUNIQUÉ REGARDING ECONOMIC DISCUS Gor SIONS, NOVEMBER 22, 1954? shou full Mutually beneficial informal discussions on economic matters which the have been under way since November 12 between representatives the Yugoslav and United States Governments, were concluded todas such T The Yugoslav delegation was under the leadership of Genere Svetozar Vukmanović, Vice President of the Federal Executive exis Council of the Federal People's Republic of Yugoslavia, assisted human Mr. Stanislav Kopcok, Counsellor in the Yugoslav State Secretaris trib for Foreign Affairs, and Mr. Kiro Gligorov, Deputy Director of the Coo Yugoslav Federal Planning Institute. The Yugoslav Ambassador i the United States, Mr. Leo Mates, also was present. For the American side, the talks were conducted by Mr. Haril pro Stassen, Director of the Foreign Operations Administration; Unde Tom Secretary of State Herbert Hoover, Jr.; Deputy Under Secretary State Robert Murphy; Deputy Assistant Secretary of State Thorsten rela Kalijarvi; and Dr. D. A. Fitzgerald, Foreign Operations will tion Deputy Director. During the talks, a broad informal exchange of views took pl on many aspects of Yugoslavia's economic situation. Particule attention was directed to Yugoslavia's balance of 72. its supply of wheat and raw materials, and its foreign debt burden 1 representatives of the two countries of their mutual problems, and T forward in Belgrade. ence Wor also situ Administri payments position has 1 1 Department of State Bulletin, Dec. 6, 1954, p. 869. 3 EASTERN EUROPEAN COMMUNIST REGIMES 2165 1 Department of State Bulletin, July 11, 1955, pp. 49–50. 2 Treaties of Feb. 28, 1953, and Aug. 9, 1954; supra, pp. 1233-1239. Department of State Bulletin, Oct. 10, 1955, p. 566. meni 2SS 71. COMMUNIQUÉ BY THE AMBASSADORS OF THE UNITED STATES, THE UNITED KINGDOM, AND FRANCE AT BEL- GRADE AND THE YUGOSLAV UNDER SECRETARY OF STATE FOR FOREIGN AFFAIRS, JUNE 27, 1955 1 endir they Talks were held in Belgrade from June 24 to 27 between the Yugo- hati slav Under Secretary of State for Foreign Affairs, M. Prica, the Am- mesel bassadors of the United States, the United Kingdom and France on the general international situation and questions of direct mutual concern. SSION es al dang These talks were a further step in a series of consultations, indi- vidual , or collective, between representatives of the three Western Governments and the Yugoslav Government. This exchange of views, which took place in an atmosphere of cordiality and mutual confidence, confirmed the wide measure of agreement among the four Governments in their approach to the various international questions under review. This meeting had special significance in view of the recent more favorable developments in the international situation. The four CUS Governments were agreed that solutions to outstanding problems should be sought by peaceful means and by negotiations based upon full respect for and recognition of the right of all nations to independ- which ence, equality, self-defense and collective security in conformity with the Charter of the United Nations. They will continue to promote oder such solutions. The four Governments express their firm conviction that the existence of a strong and independent Yugoslavia and continued co- ed la operation between them under conditions of full equality are a con- tari tribution to peace and stability. They consider that the fruitful of the cooperation being developed in all fields in the Balkan alliance” is also or the an important contribution to peace and stability in this part of the world. They believe that this method of exchange of views can help to Unde promote an even closer understanding between themselves and can also contribute to a further improvement in the general international situation and to world peace. They are confident that the good relations developed between them in recent years in so many fields will be maintained and further expanded. eneral cutive ! LITO orster istri placi icule ition orden. 72. JOINT COMMUNIQUÉ REGARDING VISIT OF THE DEPUTY UNDER SECRETARY OF STATE 3 TO BELGRADE, OCTOBER 1, 1955 4 of the andi ITA) The visit of Deputy Under Secretary Robert Murphy to Belgrade has provided opportunity for frank and fruitful discussion of a wide 3 Robert Murphy 4 . 2166 AMERICAN FOREIGN POLICY, 1950–1955 The meeting proved once again the usefulness of such person the promoting of the cause of peace and international cooperation 2 Mr. Dulles said in part: "The final subject of our talk was the problem of the States of Eastern Europe. We reached common accord on recognizing their portance of independence for these States, noninterference from the outside i their internal affairs, and their right to develop their own social and economi range of problems of mutual interest to Yugoslavia and the Unite States. As a result, differences of opinion have been ironed out an a clearer understanding of objectives reached. This has been achiera in a very cordial atmosphere and should establish a solid basis for ty further cooperation of the two countries. These meetings gave furthe evidence of the confidence and mutual respect which has been esta lished between the two countries in recent years. During his visit Mr. Murphy, accompanied by Ambassador (Jan NI W.] Riddleberger, had luncheon and two conversations with Preside Tito and several meetings with Under Secretary of State for Forg Affairs Prica, Vice President Vukmanović-Tempo, and Defense Min ister Gosnjak. Mr. Murphy concluded his conversations with luncheon on October 1 tendered at the American Embassy in hous of Vice President Kardelj and other high-ranking Yugoslav and Amer A. can officials. 73. STATEMENT REGARDING VISIT BY THE SECRETARY O 1. E STATE TO YUGOSLAVIA, NOVEMBER 7, 1955 1 On November 6, 1955, the United States Secretary of State, Jak 1 Foster Dulles, met with the President of the Federal People's Republi of Yugoslavia, Josip Broz-Tito, at Brioni. The President of ty vel Republic entertained the Secretary of State and his party at lunchen of Participating in the subsequent talks, held in the spirit of friendski regi and mutual understanding, were the Ambassador to Yugoslavia, Jam Eur Riddleberger, and the Counselor of the State Department, Dougle lie N MacArthur II, on the American side, and the Vice President of the The Federal Executive Council, Edward Kardelj, the State Secretary Foreign Affairs, Koča Popovič, and the Secretary General of this pre President of the Republic, Joza Vilfan, on the Yugoslav side. the Views were exchanged on the international situation and question Art of mutual interest. The subjects that had been discussed were sio outlined by the Secretary of State at his press conference. ] Agreement was noted on a series of issues, particularly as to in the possibility and necessity of covtinued efforts to improve internation relations and with regard to the further broadening of the friend cooperation between the two countries. under the charter of the United Nations. State , . released to the press by the U.S. delegation to the Geneva Meeting of Foreign Ministers. See also Secretary Dulles statement of Nov. 6, 1955; ibid. order in ways of their own choice." (Ibid., p. 833). late ass an Gri It ano me liv thi The statement i } aid 1 Ist € nuta tani leve! or the urthe Part XIII asta! Tamil NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA sider recht ith hone men A. BASIC UNITED STATES POLICY publi pugky of the for stion yd 1. INCREASING STABILITY AND SECURITY IN THE MIDDLE EAST: Message by the President to the Congress, May 24, 1951 (Excerpt) Joel The countries of the Middle East are, for the most part, less de- ft veloped industrially than those of Europe. They are, nevertheless, hea of great importance to the security of the entire free world. This adski region is a vital link of land, sea, and air communications between James Europe, Asia, and Africa. In the free nations of the Middle East, lie half of the oil reserves of the world. No part of the world is more directly exposed to Soviet pressure. The Kremlin has lost no opportunity to stir these troubled waters, # as the postwar record amply demonstrates. Civil war in Greece; pressure for Turkish concessions on the Dardanelles; sponsorship of the rebellious Tudeh party in Iran; furthering of factional strife in the later Arab States and Israel all reflect a concerted design for the exten- sion of Soviet domination to this vital area. There is no simple formula for increasing stability and security in the Middle East. With the help of American military and economic assistance, Soviet pressure has already been firmly resisted in Turkey and the Soviet-inspired guerrilla war has been decisively defeated in Greece. But the pressure against the Middle East is unremitting. It can be overcome only by a continued build-up of armed defenses and the fostering of economic development. Only through such measures can these peoples advance toward stability and improved living conditions, and be assured that their aims can best be achieved through strengthening their associations in the free world. To these ends, I am recommending 415 million dollars in military aid, for Greece, Turkey, and Iran; a portion of this aid will be avail- Department of State Bulletin, June 4, 1951, p. 887; H. Doc. 147, 82d Cong., Ist sess. See also statement by the Secretary of Staté, June 26, 1951; Depart ent of State Bulletin, July 9, 1951, p. 51. to the tioma end SOM d to alicu th Dreier 1 of the ne in de it hom 2167 2168 AMERICAN FOREIGN POLICY, 1950-1955 ag fr W w ar ai ai W W al W States policies have, in recent years, been harmful and even antagoni 1 Department of State Bulletin, June 15, 1953, pp. 831-835 (printed also s Department of State publicatioň 5088; 1953). Secretary Dulles' report mai delivered to the Nation over radio and television networks from Washington able for other Middle Eastern nations if necessary. I am also recom mending 125 million dollars in economic aid for Middle Easter countries, exclusive of Greece and Turkey for whom economic aid provided as part of the program for Europe. This amount ak includes programs of technical assistance to Libya, Liberia, Ethiopia, three independent states of Africa whose economic SC proble lems are similar to those of the Middle Eastern countries. Continuing military aid for Greece and Turkey will make possil the further strengthening of these countries' large and well-traine U armed forces, which have already displayed their valiant resoluta in the fight for freedom in Korea. In Iran, continuing military ai is required to help build internal security and defense, together wit economic aid to help sustain the Iranian economy and give impers to the much needed longer-term process of economic development le T the benefit of the Iranian people. In the Arab States and Israel, the fundamental requirement is: regional approach to the basic problems of economic development P This is urgently needed to reduce existing tensions, especially throw the orderly settlement of homeless refugees. The program for te Arab States will expand needed food production through the develop b ment of land and water resources. The program for Israel will K that country to maintain her economy during an especially tryi po period of her national development. At the same time, the prograut of assistance to the Arab refugees from Palestine, which will necessar d extend beyond the coming fiscal year, has the threefold purpose assisting the settlement of refugees, of strengthening those state wherein they settle, and assisting both Israel and the Arab Stats th by removing this threat to the peace of the area. The program I am now proposing is a balanced program for strength ening the security of the Middle East. It will make a solid contribu fc tion to our hopes for peace. S 2. SIX MAJOR POLICY ISSUES: Address by the Secretary State Upon His Return From a Tour of the Region, June 1, 195) About 3 weeks ago, the Director for Mutual Security, Mr. Hara Stassen, and I and our associates set out, at President Eisenhowe request, on a trip to 12 countries which lie in between the Medite ranean in Europe and China in Asia. I shall give you our country impressions and then our general conclusions. F First, let me say that everywhere we were well received. Tu h was encouraging, for several of the countries feel that the Unite They staged some hostile demonstrations. But these were income quential. The governments received us with warm hospitality , em m TE CI 0 3.V a country-by a S To NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2169 econ Isteri 80 1 aine meni roue I thi sador in Moscow, regarding his conversation of that date with V. M. Molotov, Soviet Foreign Commissar, and the draft agreements from the files of the German Embassy in Moscow; Nazi-Soviet Relations, 1939-1941 (Department of State publication 3023; 1948), pp. 258–259 and 255–258. as we drove through the streets, the people usually greeted us with friendly smiles and applause. The political leaders talked intimately with us, and we gained new friendships and new understanding which will stand us in good stead for the future. Also in each capital I spoke to all of the United States Foreign Service personnel. They prob are a fine body of men and women of whom we can be proud. It is high time that the United States Government paid more issil attention to the Near East and South Asia, which, until our trip, no United States Secretary of State has ever visited. Our postwar lubic attention has been primarily given to Western Europe. That area yu was and is very important, but not all-important. : wit It came as a surprising shock when the 450 million Chinese people, ipete whom we had counted as friends, fell under Communist domination. at her There could be equally dangerous developments in the Near East and South Asia. The situation calls for urgent concern. t is it The area we visited contains about one-fourth of the world's population. It represents about one-half of the people of the world who are still free of Communist domination. The Near East possesses great strategic importance as the bridge velop 1 helt between Europe, Asia, and Africa. The present masters of the Kremlin, following the lead of past military conquerors, covet this bryan position. In 1940 Soviet leaders specified, in secret negotiations with ONE the Nazis, that Soviet “territorial aspirations center . in the sanii direction of the Indian Ocean and . . the Persian Gulf.” 1 state This area contains important resources vital to our welfare-oil, State manganese, chrome, mica, and other minerals. About 60 percent of the proven oil reserves of the world are in the Near East. Most important of all, the Near East is the source of three great religions--the Jewish, the Christian, and the Moslem--which have for centuries exerted' an immense influence throughout the world. Surely we cannot ignore the fate of the peoples who have first per- ceived and then passed on to us the great spiritual truths from which our own society derives its inner strength. 193 EGYPT AND THE SUEZ BASE Our first stop was in Egypt. There we had 3 days in which to get acquainted with General Naguib, who heads the Government. He 23 a popular hero, and I could readily see why. He and his associates are determined to provide Egypt with a vigorous government which y-high will truly serve the people. Also, they seek to end the stationing of British troops and exercise of British authority at the Suez base. Before we arrived in Egypt, a very tense situation had developed between the British and the Egyptian GovernmentsConversations looking to an orderly withdrawal of British troops had been suspended, and there was danger that hostilities would break out. See the telegram of Nov. 25, 1940, from Count Schulenburg, German Ambas- OSS O ength : tribi ary Tarol wer : diteri Thi Tnita gon eling Onsel 1 also si rt i ton 2170 AMERICAN FOREIGN POLICY, 1950–1955 9.7 WE l'u no mn an i See, inter alia, General Assembly Res. 303 (IV), Dec. 9, 1949; General As We discussed the situation with General Naguib. The heart of the trouble is not so much the presence of British troops, for both sides agreed that they should be withdrawn, but the subsequent authority over and management of this gigantic base, its airstrips , JC and its depots of supplies. Experienced administrative and technical personnel is needed to keep the base in operating efficiency and the provision of this personnel causes difficulty. The matter has a to importance which goes beyond Egypt, for the base serves all Near Se Eastern and indeed Western security. of I am convinced that there is nothing irreconcilable between this las international concern and Egyptian sovereignty. We asked, with some success, that there be further time to find a peaceful solution pe The United States is prepared to assist in any desired way. Egypt stands at the threshold of what can be a great new future. If this Suez problem can be satisfactorily solved, I am confident that Egypt can find the means to develop its land and lift up its people re and add a new bright chapter to a glorious past. ali gl ISRAEL, JERUSALEM, AND REFUGEES SY Next we went to Israel. We were impressed by the vision and sup- porting energy with which the people are building their new nation , Inspired by a great faith, they are now doing an impressive work of Ge creation. They face hard internal problems, which I believe they can w solve. Furthermore, the Prime Minister, Ben Gurion, and other Israeli officials asserted convincingly their desire to live at peace their Arab neighbors. Jerusalem is divided into armed camps split between Israel and the Arab nation of Jordan. The atmosphere is heavy with hate. As I rel gazed on the Mount of Olives, I felt anew that Jerusalem is, above all the holy place of the Christian, Moslem, and Jewish faiths. This wi CI has been repeatedly emphasized' by the United Nations. This does not necessarily exclude some political status in Jerusalem for Israel of and Jordan. But the world religious community has claims in Jeruse lem which take precedence over the political claims of any particule Vs nation. Closely huddled around Israel are most of the over 800,000 Arab refugees, who fled from Palestine as the Israelis took over. The G mostly exist in makeshift camps, with few facilities either for health be work, or recreation. Within these camps the inmates rot away , spiritually and physically. Even the Grim Reaper offers no solution ca for as the older die, infants are born to inherit their parents' bitter fate Some of these refugees could be settled in the area presently com trolled by Israel. Most, however, could more readily be integrated into the lives of the neighboring Arab countries. This, however awaits on irrigation projects, which will permit more soil to be culti- vated. Throughout the area the cry is for water for irrigation. United Nations contributions and other funds are available to help refugees CO rei with ca an ru WA Evolve o sol as fr D sembly, Official Records, Fourth Session, Resolutions (A/1254), p. 25. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2171 an ure. 100. Department of State Bulletin, Aug. 18, 1952, pp. 265–266. and Mr. Stassen and I came back with the impression that they can Ü i of well be spent in large part on a coordinated use of the rivers which oth run through the Arab countries and Israel. lent ips JORDAN iCal the Irrigation needs became most vivid as we motored from Jerusalem to Amman, the capital of Jordan. The road goes through the Dead lear Sea area, a scene of desolation with no sign of life other than the tens of thousands of refugees who survive precariously on the parched this land largely by aid of United Nations doles. Later on, as we flew vita north, we observed the waters of the Yarmak River, which could ion perhaps be diverted so as to return some of this vast desert valley into fertile land. At Amman we dined with the charming and able new King Hus[s]ein ihat and his Government. They are preoccupied with the problem of ople refugees and of relations with Israel. The inflow of refugees has almost doubled the population, and the long armistice line with Israel gives rise to frequent and dangerous shooting episodes. SYRIA, LEBANON, IRAQ, AND SAUDI ARABIA BUD From Jordan we went to Syria. There we were impressed by kot General Shishakli. He is eager to develop the resources of his country, which are substantial. Thus, the living standards of the Syrian people ther could be raised. This would, in turn, enable them to receive more with refugees into a land which relatively is sparsely populated. From Damascus, the capital of Syria, we motored to Beirut, the the capital of Lebanon. The road took us over a mountain range, with As I refreshing snow in sharp contrast to the heat of the desert plains. all You will recall that Beirut is the home of the American University, This which has educated many of the Arab leaders of today. President loes Chamoun of Lebanon talked to us of his high hopes for his country Trael and pointed to the role it might play, representing uniquely a meeting of East and West. Leaving Lebanon for Iraq, we flew over the Tigris and Euphrates Valleys. This was the site of the Garden of Eden. Under its new Tab ruler, King Faisal-who visited the United States last summer1_the Government of Iraq is beginning to develop these valleys and restore Alth , their former productivity. The revenues from the oil production are By being largely directed to this and other construction purposes. Iraq 10 can be, and desires to be, the granary for much of this part of the In Saudi Arabia we were received by King Ibn Saud, one of the great Near Eastern figures of this century, conspicuous in his dignity and singleness of purpose. He is a good friend of the United States, as he has shown by deeds. Our policy will be to reciprocate this friendship. In Saudi Arabia Americans and Arabs are working to- ted gether in good fellowship in the vast oil fields of the country. It is a King Faisal visited the United States from Aug. 10 to Sept. 17, 1952; see the CAD 1919- War her ate . te world. . 011- ted yer , ulti Des good relationship. AS 2172 AMERICAN FOREIGN POLICY, 1950–1955 ar: sti OC to mi st to make clear that the United States, as a friend of both countries, i hopes for an accord which would make more fruitful such economic INDIA AND PAKISTAN IR We left the Arab area to go first to India and then to Pakistan. These two nations, although independent for less than 6 year, already play an influential part in world affairs. Ir In India I met again with Mr. Nehru, one of the great leaders th our time. We had long conversations together in the intimacy of his home. His calm demeanor and lofty idealism impressed me. 7 reviewed together the international problems which concern both our dit countries, including the problem of a Korean armistice and the threst to Southeast Asia. We did not always agree, but we did clear up som misunderstandings and, I felt, gained respect for the integrity of our pr respective purposes. India is now supporting the armistice positie pr of the United Nations Command in Korea. T Mr. Stassen and I also obtained a clearer view of the Government of India's 5-year program to improve the welfare of the Indian people . ha India is the world's largest self-governing nation. It has about Cc 2,000 miles of common boundary with Communist China. There is occurring between these two countries a competition as to whether U ways of freedom or police-state methods can achieve better social progress. This competition affects directly 800 million people in these 2 countries. In the long run, the outcome will affect all of humanity , EL including ourselves. Our interest fully justifies continuing, on I modest scale, some technical assistance and external resources to permit India to go on with its 5-year plan. Pakistan is the largest of the Moslem nations and occupies a high position in the Moslem world. The strong spiritual faith and martial spirit of the people make them a dependable bulwark against com- munism. N The new Prime Minister, Mohammed Ali, whom we recently knew Ki as Ambassador to Washington, energetically leads the new Gover- tei ment. We met with a feeling of warm friendship on the part of the people of Pakistan toward the United States. А grave and immediate problem is the shortage of wheat. Without As large imports, widespread famine conditions will ensue. Last year we helped India in a similar emergency. I believe that prompti United States wheat assistance to Pakistan is essential. It is not possible to think about United States aid without also ole thinking that these countries cannot afford to waste their efforts in quarreling with each other and diverting their strength for possible use against each other. That thought applies to the dispute between India and Pakistan th about Kashmir. It is my impression from my conversations with the Prime Ministers of India and Pakistan that this controversy can be settled. Surely it needs to be settled. We tried, tactfully but firmly aid as we render. 1 Mohammed Ali was the Ambassador of Pakistan at Washington from February 1952 to April 1953. 2 See infra, pp. 2227-2229. CO ne ke re: sel an ret lib fri 1 2 DE 231 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2173 stan ein 74 treat some EOL nits. ON 8 os to IRAN It was not practical to include Iran in our schedule. However, we arranged that our Ambassador to Iran should meet us in Pakistan, Iran is now preoccupied with its oil dispute with Great Britain. But still the people and the Government do not want this quarrel to expose f his them to Communist subversion. They have not forgotten the Soviet. occupation of 1941-1946. The United States will avoid any unwanted interference in the oil dispute. But we can usefully continue technical aid and assistance to this agricultural nation of Iran and in that way perhaps help prevent an economic collapse which would play into the hands of ation predatory forces. TURKEY, GREECE, AND LIBYA ment ople After Pakistan, we went to Turkey and Greece. These two countries have clearly demonstrated their intent to stand steadfast against bout Communist aggression and subversion. Despite their heavy commit- re the ments to NATO, both countries have contributed valiantly to the United Nations efforts in Korea. ocial chese We, in turn, plan to continue to help Greece and Turkey to grow stronger. They are valiant in spirit and hold a strategic position in Europe and Asia which enables them to help us. While in Greece I dined with the King and Queen and passed on to this charming couple President Eisenhower's invitation that they visit us this fall. high Our last stop before returning to the United States was Libya, the newest member of the family of nations. This country is located at a key spot on the North African coast on the Mediterranean. It has recently become an independent nation by action of the United Nations. Libya is cooperating with the United States and the United Kingdom in strengthening its own defenses and those of the Medi- the Let me turn now to conclusions. 1. Colonialism. Most of the peoples of the Near East and South Asia are deeply concerned about political independence for them- selves and others . They are suspicious of the colonial powers. The imply United States too is suspect because, it is reasoned, our Nato alliance a.lso with France and Britain requires us to try to preserve or restore the old colonial interests of our allies. I am convinced that United States policy has become unnecessarily ambiguous in this matter. The leaders of the countries I visited fully recognize that it would be a disaster if there were any break between the United States and Great Britain and France. They don't want this to happen. However, without breaking from the framework of mly . Western unity, we can pursue our traditional dedication to political ries liberty. In reality, the Western powers can gain, rather than lose, from an orderly development of self-government. 1 Loy W. Henderson. 2 The King and Queen of Greece visited the United States from Oct. 28 to Libya's independence entered into force Jan. 2, 1952. See also infra, pp. rtia] 2011- 8 iner rern. terranean area. hout year mpt ts i sible .stao I the n be Omic ruary Dec. 3, 1953. 2302-2303. 2174 AMERICAN FOREIGN POLICY, 1950-1955 I t S n a d regard of the Israeli but also of the Arab peoples. We shall see croachments. The area is enfeebled by fear and by wasteful measure I emphasize, however, the word "orderly." Let none forget that the Kremlin uses extreme nationalism to bait the trap by which i seeks to capture the dependent peoples. 2. Living Standards. The peoples of the Near East and Asia de mand better standards of living, and the day is past when their aspin- tions can be ignored. The task is one primarily for the government and the peoples themselves. In some cases they can use their aval able resources, such as oil revenues, to better advantage. There are however, ways in which the United States can usefully help, not with masses of money but by contributing advanced technical knowleda about transport, communication, fertilization, and use of water in irrigation. Mr. Stassen and I feel that money wisely spent for this area under the mutual security program will give the American people a good return in terms of better understanding and cooperation . 3. Arab Good Will. The United States should seek to allay the deep resentment against it that has resulted from the creation of Israel. I the past we had good relations with the Arab peoples. American educational institutions had built up a feeling of good will, and als American businessmen had won a good reputation in this area. There was mutual confidence to mutual advantage. Today the Arab peoples are afraid that the United States will be the new State of Israel in aggressive expansion. They are more feari ti of Zionism than of communism, and they fear lest the United States become the backer of expansionist Zionism. On the other hand, the Israelis fear that ultimately the Arabs mit try to push them into the sea. In an effort to calm these contradictory fears the United States joined with Britain and France in a Declaration of May 25, 195 which stated that "the three Governments, should they find that earth of these states (of the Near East) was preparing to violate frontir to or armistice lines, would, consistently with their obligations as men bers of the United Nations, immediately take action, both within an outside the United Nations, to prevent such violation." The b Declaration when made did not reassure the Arabs. It must be mad clear that the present U.S. administration stands fully behind thai Declaration. We cannot afford to be distrusted by millions wi b could be sturdy friends of freedom. They must not further swell fh A ranks of Communist dictators. h The leaders in Israel themselves agreed with us that United States policies should be impartial so as to win not only the respect an policies. 4. Peace Between Israel and the Arab Nations. There is need in peace in the Near East. Today there is an uneasy military armisur between Israel and the Arab States, while economic warfare is bei conducted by the Arab States, in retaliation for alleged Israeli & p UF a SI W a. у 0 V ( which are inspired by fear and hate. 2 1 See infra, p. 2237. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2175 Dent: AN I rica lhes danger. Israel should become part of the Near East community and cease thet to look upon itself, or be looked upon by others, as alien to this ch il community. This is possible. To achieve it will require concessions on the part of both sides. But the gains to both will far outweigh ad the concessions required to win those gains. pirs The parties concerned have the primary responsibility of bringing peace to the area. But the United States will not hesitate by every 1val appropriate means to use its influence to promote a step-by-step reduction of tension in the area and the conclusion of ultimate peace. wil 5. Middle East Defense Organization. A Middle East Defense Or- lechganization is a future rather than an immediate possibility. Many of r fa the Arab League countries are so engrossed with their quarrels with r the Israel or with Great Britain or France that they pay little heed to the rican menace of Soviet communism. However, there is more concern where ition . the Soviet Union is near. In general, the northern tier of nations de shows awareness of the danger. There is a vague desire to have a collective security system. But no such system can be imposed from without. It should be designed | als and grow from within out of a sense of common destiny and common While awaiting the formal creation of a security association, the bet United States can usefully help strengthen the interrelated defense of art those countries which want strength, not as against each other or the State West, but to resist the common threat to all free peoples. 6. Friendly Understanding. In conclusion, let me recall that the primary purpose of our trip was to show friendliness and to develop understanding. These peoples we visited are proud peoples who have a great tradition and, I believe, a great future. We in the United States are better off if we respect and honor them, and learn the ter thoughts and aspirations which move them. It profits nothing merely to be critical of others. President Eisenhower's administration plans to make friendship- not faultfinding--the basis of its foreign policy. President Eisenhower 1 brought with him from Europe an unprecedented measure of under- mai standing and personal friendships. Before he was inaugurated, he the went to Korea. Twice since inauguration, Mr. Stassen and I have been to Europe. Now we have been to the Near East and South 14 Asia . Later this month, the President's brother, Dr. Milton Eisen- hower , and Assistant Secretary of State Cabot will go to South State Thus your Government is establishing the worldwide relationships and gathering the information which will enable us better to serve you, the American people. map States 1950 ntieri menie 7 and thi 3 Tall seed d for Estir DEITE i els The President-elect visited Korea, Dec. 2-4, 1952. The Secretary and Mr. Stassen toured the capitals of the prospective members of the proposed European Defense Community, Jan. 30-Feb. 9, 1953, and again visited Europe, Apr. 21–27, 1953, in connection with the meeting of the NATO Dr. Eisenhower and Assistant Secretary Cabot toured Latin America, June sumi 23-July 29, 1953. 2176 AMERICAN FOREIGN POLICY, 1950–19.5,5, 1 spe COI me WI It was clear an pr SO 3. PROGRESS IN RESOLVING MAJOR POLICY ISSUES: TH Address by the Secretary of State, August 26, 1955 wh One of the first things I did as Secretary of State was to go to the figh Middle East. I wanted to see for myself that area so rich in culture and religious tradition, yet now so torn by strife and bitterness. & in the spring of 1953, I visited Egypt, Israel, Jordan, Syria, Lebanon , De Iraq, and Saudi Arabia. Upon my return I spoke of the impressions gathered on that trip and of the hopes which I held as a result of talks with leaders and people there.? liv Some of those hopes have become realities. At that time the Suez Base was a center of controversy and of potential strife. Now, as s pe result of patient effort, in a spirit of conciliation, the problem of the Suez Base has been successfully resolved.3 Another problem which was then concerning many of the leaders the in the Middle East was that of the security of the area. the that effective defense depended upon collective measures and that such measures, to be dependable, needed to be a natural drawing together of those who felt a sense of common destiny in the face of what could be a common danger. Here, too, there has been some encouraging progress. A third problem which called for attention was the need for water to irrigate land. I mentioned in my report the possibility that the rivers flowing through the Jordan Valley might be used to make this valley a source of livelihood rather than dispute. Since then Am- bassador Eric Johnston has held talks with the governments of countries through which the River Jordan runs. They have shown fer an encouraging willingness to accept the principle of coordinated arrangements for the use of the waters. Plans for the development pr of the valley are well advanced.4 Ambassador Johnston is now on his fourth visit to the countries concerned in an effort to eliminate the he small margins of difference which still exist. A beginning has been made, as you see, in doing away with the im obstacles that stand in the way of the aspirations of the Midde ef Eastern peoples. It is my hope and that is the hope of which I be would now speak—that the time has come when it is useful to think be in terms of further steps toward stability, tranquillity, and progress in the Middle East. B 1 Department of State Bulletin, Sept. 5, 1955, pp. 378–380. Secretary Delife City. See also ibid., Sept. 12, 1955, p. 421, Oct. 3, 1955, pp. 525–526, and Dee . its 19, 1955, p. 1009. bi Ź See report by the Secretary of State, June 1, 1953, supra. 3 See the Anglo-Egyptian agreement of Oct. 19, 1954; infra, pp. 2223-2226 . See summary of statement of July 6, 1954, by Ambassador Johnston; infra , pp. 2235-2236. ne an re ar at an со NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2177 AS 8 lear them. ES: THE ARAB-ISRAEL PROBLEM What are the principal remaining problems? They are those which were unresolved by the armistice[s] of 1949 which ended the the fighting between Israelis and Arabs. Before taking up these problems ture specifically, I would first pay high tribute to what the United Nations, So has done to preserve tranquillity and to serve humanity in the area. 201, Despite these indispensable efforts, three problems remain that ions conspicuously require to be solved. t of The first is the tragic plight of the 900,000 refugees who formerly lived in the territory that is now occupied by Israel. juez The second is the pall of fear that hangs over the Arab and Israel people alike. The Arab countries fear that Israel will seek by violent the means to expand at their expense. The Israelis fear that the Arabs. . will gradually marshal superior forces to be used to drive them into ders the sea, and they suffer from the economic measures now taken against that The third is the lack of fixed permanent boundaries between Israel ving and its Arab neighbors. e of There are other important problems. But if these three principal Oine problems could be dealt with, then the way would be paved for the solution of others. ater These three problems seem capable of solution, and surely there is. the need. this Border clashes take an almost weekly toll of human lives and inflame Am- an already dangerous mood of hatred. The sufferings of the Arab 3 S of refugees are drawn out almost beyond the point of endurance. The fears which are at work, on each side, lead to a heavy burden of armament, which constitutes a serious drag on economic and social I his progress. Responsible leaders are finding it hard to turn their full attention and energies to the positive task of creating conditions of Serious as the present situation is, there is a danger that, unless it the improves, it will get worse. One ill leads to another, and cause and ddle effect are hard to sort out. The atmosphere, if it worsens, could 1 becloud clear judgments, making appear attractive what would in fact. Both sides suffer greatly from the present situation, and both are anxious for what they would regard as a just and equitable solution. But neither has been able to find that way. This may be a situation where mutual friends could serve the . Dec. common good. This is particularly true since the area may not, itself, possess all of the ingredients needed for the full and early building of a condition of security and well-being. efra , The United States, as a friend of both Israelis and Arabs, has given OWO ated nent the healthy growth. link be reckless. . ress lles' Fort - Supra, pp. 698-724. 415900_57_-10l, 2- -34 2178 AMERICAN FOREIGN POLICY, 1950–1955 ti I S. t. o я C n F 1 H to join in such a security guaranty, and that it would be sponsored by/ By such collective security measures the area could be relieved ol near the boundaries could relax from the strain of feeling that violent standards of living are already too low would no longer have to cart the situation deep and anxious thought and has come to certain co clusions, the expression of which may help men of good will with the area to fresh constructive efforts. I speak in this matter with the authority of President Eisenhower. PROPOSED LOAN TO ISRAEL To end the plight of the 900,000 refugees requires that thes uprooted people should, through resettlement and to such an exteni as may be feasible---repatriation, be enabled to resume a life dignity and self-respect. To this end, there is need to create mix arable land where refugees can find permanent homes and gain the own livelihood through their own work. Fortunately, there are pre tical projects for water development which can make this possible . All this requires money. Compensation is due from Israel to the refugees. However , may be that Israel cannot, unaided, now make adequate compensation If so, there might be an international loan to enable Israel to pay the compensation which is due and which would enable many of the refugees to find for themselves a better way of life. President Eisenhower would recommend substantial participatie by the United States in such a loan for such a purpose. Also be would recommend that the United States contribute to the realization of water development and irrigation projects which would, direct or indirectly, facilitate the resettlement of the refugees. These projects would, of course, do much more than aid in the resettlement of refugees. They would enable the people throughout the area to enjoy a better life. Furthermore, a solution to the refugee problem would help in eliminating the problem of recurrent incidents which have plagued and embittered the settlements on both sides of the borders. COLLECTIVE SECURITY MEASURES The second principal problem which I mentioned is that of fear The nature of this fear is such that it is hardly within the capacity d the countries of the area, acting alone, to replace the fear with a seux of security. There, as in many other areas, security can be assure only by collective measures which commit decisive power to deterring of aggression. President Eisenhower has authorized me to say that, given a solution of the other related problems, he would recommend that the Unite States join in formal treaty engagements to prevent or thwart en effort by either side to alter by force the boundaries between Israel and its Arab neighbors. I hope that other countries would be willin the United Nations. death may suddenly strike them; the peoples of the area wh 1 17 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2179 COM pithi th the the burden of what threatens to become an armaments race if indeed it does not become a war; the political leadership of the area could devote itself to constructive tasks. PROBLEM OF BOUNDARIES V the lation ration rectly a the ghout Errent ts 01 thN If there is to be a guaranty of borders, it would be normal that there should be prior agreement upon what the borders are. That is the Exten ife di third major problem. The existing lines separating Israel and the Arab States were fixed by the armistice agreements of 1949. They MON thai were not designed to be permanent frontiers in every respect; in part, at least, they reflected the status of the fighting at the moment. prat The task of drawing permanent boundaries is admittedly one of ple. difficulty. There is no single and sure guide, for each of two con- flicting claims may seem to have merit. The difficulty is increased er, ation by the fact that even territory which is barren has acquired a senti- mental significance. Surely the overall advantages of the measures here outlined would outweigh vastly any net disadvantages of the adjustments needed to convert armistice lines of danger into boundary lines of safety. In spite of conflicting claims and sentiments, I so he believe it is possible to find a way of reconciling the vital interests of all the parties. The United States would be willing to help in the search for a solution if the parties to the dispute should desire. If agreement can be reached on these basic problems of refugees, fear, and boundaries, it should prove possible to find solutions for other questions, largely economic, which presently fan the flames of 5 the hostility and resentment. It should also be possible to reach agreement on the status of Jerusalem. The United States would give its support to a United Nations review of this problem. I have not attempted to enumerate all the issues on which it would be desirable to have a settlement; nor have I tried to outline in detail the form which a settlement of any of the elements might take fear I have tried to show that possibilities exist for an immeasurable improvement and that the possibilities do not require any nation taking action which would be against its interests, whether those interests be measured in terms of material strength or in terms of the national prestige and honor. I have also, I trust, made clear that the Government of the United States is disposed to enlarge those possibilities by contributions of its own, if this be desired by those concerned. Both sides in this strife have a noble past, a heritage of rich con, tributions to civilization; both have fostered progress in science and the arts. Each side is predominantly representative of one of the ib world's great religions. Both sides desire to achieve a good life for their people and to share, and contribute to, the advancements of At a time when a great effort is being made to ease the tension which has long prevailed between the Soviet and Western worlds, can we not hope that a similar spirit should prevail in the Middle East? That is our plea. The spirit of conciliation and of the good ty of sens: ured ation nited an ling al d this century. ted) ent IT) 2180 AMERICAN FOREIGN POLICY, 1950-1955 neighbor brings rich rewards to the people and to the nations, doing that involves some burdens, they are burdens which the United States would share, just as we would share the satisfaction which would result to all peoples if happiness, contentment, and good will could drive hatred and misery away from peoples whom we hold in high respect and honor. ES foi B. DEFENSE ARRANGEMENTS AND FACILITIES Or H to to AL G in Middle East Command Negotiations 4. PROPOSALS PRESENTED TO THE GOVERNMENT OF EGYPT BY THE GOVERNMENTS OF THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND TURKEY, OCTOBER 13, 1951 1 M ne CO .CO DOCUMENT A POINT I in Egypt belongs to the free world and in consequence her defense and th that of the Middle East in general is equally vital to other democratie fo nations. POINT II The defense of Egypt and of other countries in the Middle East against aggression from without can only be secured by the coopera- tion of all interested powers. th to POINT III za The defense of Egypt can only be assured through the effective defense of the Middle East area and the coordination of this defense with that of adjacent areas. W th M POINT IV DI C It therefore seems desirable to establish an Allied Middle East de Command in which the countries able and willing to contribute to the defense of the area should participate. France, Turkey, the United Kingdom and the United States are prepared to participate with other interested countries in establishing such a Command . Invitations to participate in the Command have been addressed to Australia, New Zealand, the Union of South Africa, who have indir cated their interest in the defense of the area and who have agreed in principle. C 1 Department of State Bulletin, Oct. 22, 1951, pp. 647-648. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2181 POINT V TE lited hich wil di Egypt is invited to participate as a founder member of the Middle East Command on a basis of equality and partnership with other founder members. POINT VI 3 If Egypt is prepared to cooperate fully in the Allied Command Organization in accordance with the provisions of the attached annex, His Majesty's Government for their part would be willing to agree to supersession of the 1936 Treaty land would also be willing to agree to withdraw from Egypt such British forces as are not allocated to the Allied Middle East Command by agreement between the Egyptian Government and the Governments of other countries also participat- ing as founder members. POINT VII OP TES, As regards armed forces to be placed at the disposal of the Allied Middle East Command and the provision to that Command of the necessary strategic defense facilities, such as military and air bases, communications, ports, etc., Egypt will be expected to make her contribution on the same footing as other participating powers. BER POINT VIII In keeping with the spirit of these arrangements Egypt would be invited to accept a position of high authority and responsibility with the Allied Middle East Command and to designate Egyptian officers for integration in the Allied Middle East Command Headquarters staff. : POINT IX Eest Facilities to train and equip her forces will be given to Egypt by those participating members of the Allied Command in a position era- to do so. POINT X ense The detailed organization of the Allied Middle East Defense Organi- tirezation and its exact relationship with the N.A.T.O. have yet to be worked out in consultation between all the powers concerned. For this purpose it is proposed that all founding members of the Allied Middle East Command should send military representatives to a meeting to be held in the near future with the object of preparing est detailed proposals for submission to the governments concerned. DOCUMENT B e to the pate nd. to ndi 1 in TECHNICAL ANNEX [1] In common with other participating powers who are making similar contributions to the defense of the area. (a) Egypt will agree to furnish to proposed Allied Middle East " Treaty of Aug. 26, 1936; British and Foreign State Papers, vol. 140, pp. 179 ff. 2182 AMERICAN FOREIGN POLICY, 1950-1955 础​班​视 ​no OW WO da Command Organization such strategic defense and other facilities th her soil as are indispensable for the organization in peacetime of the lot defense of the Middle East (b) that she will undertake to grant forces of the Allied Middle East Command all necessary facilities and assistance in the event of war, imminent menace of war, or apprehended international emer of gency including the use of Egyptian ports, airfields and means d red communication. [2] of of We should also hope that Egypt would agree to the Allied Supreme Commander's Headquarters being located in her territory. [3] In keeping with the spirit of these arrangements, it would be under- stood the (a) that the present British base in Egypt would be formally of handed over to the Egyptians on the understanding that it would simultaneously become an Allied base within the Allied Middle East the Command with full Egyptian participation in the running of this bas in peace and war (b) that the strength of the Allied force of participating nations to she be stationed in Egypt in peacetime would be determined between the top participating nations including Egypt from time to time as progress is made in building up the force of the Allied Middle East Command 6. [4] It also would be understood that an air defense organization includ : ing both the Egyptian and Allied forces would be set up under the command of an officer with joint responsibility to the Egyptian Gop- ernment and to the Allied Middle East Command for the protection of Egypt and Allied bases. acd me Mi ki lov 5. REJECTION BY EGYPT OF THE JOINT PROPOSALS: State ment by the Secretary of State, October 17, 1951 1 pei imi its It is with genuine regret that the U. S. Government received notifica tion on October 15 2 of the rejection by the Egyptian Government the proposals presented to it on October 13 by the United States France, Turkey, and the United Kingdom. This Government he noted with surprise that the Egyptian Government rejected proposes of such importance without having given them the careful and copy op sidered deliberation which they merited. These proposals were for mulated by the nations interested in the welfare and security of the Co Middle East after the most intensive and thorough consideration of 1 1 Department of State Bulletin, Qct. 29, 1951, pp. 702–703. 2 Not printed. 3 Supra. 1 { NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2183 reme Isal its defense against outside aggression can be secured only by the co- COD operation of all interested states. Doment of peace and security in the area through the Middle East Command will bring with it social and economic advancement. 1 Treaty of Aug. 26, 1936; British and Foreign State Papers, vol. 140, pp. 179 ff. 2 Agreements of Jan. 19, 1899, and July 10, 1899; ibid., vol. 91, pp. 19–22. 3 Department of State Bulletin, Nov. 19, 1951, pp. 817-818. s on the special problems of the area. The invitation to join with the the other sovereign nations of the free world in a joint and cooperative effort to make the world safe from aggression was wholly consistent dide with the independence and sovereignty of Egypt. at of Vigilance in protecting the liberties we enjoy is the responsibility ma of every nation of the free world. The spirit of responsibility to others is d requires that no nation carelessly precipitate events which can have no constructive end but which by their nature create those elements of confusion and weakness which tempt aggression. It is the hope of the U. S. Government that Egypt will carefully reconsider the course of action on which it has embarked and will recognize that its own interest will be served by joining the other nations of the free world in assuring the defense of the Middle East against the common danger. ade The U. S. Government must reaffirm its belief that the action of the Egyptian Government with respect to the Anglo-Egyptian Treaty Day of 1936 1 and the agreements of 1899 2 regarding the Sudan is not in ould accord with proper respect for international obligations. For its part, East the U. S. Government considers the action of the Egyptian Govern- base ment to be without validity. It is the sincere hope of the United States that great restraint will be ins to shown in the present situation and that the obligation of all nations o the towards the preservation of world law and order will be respected. 6. GUIDING PRINCIPLES OF THE THE PROPOSED PROPOSED MIDDLE EAST COMMAND: Statement by the Governments of the United States, the United Kingdom, France, and Turkey, November 10, the 1951 3 In proceeding with their announced intention to establish the Middle East Command, the Governments of the United States, United Kingdom, France, and Turkey state that they are guided by the fol- tate lowing principles: 1. The United Nations is a world response to the principle that peace is indivisible and that the security of all states is jeopardized Zifics by breaches of the peace anywhere; at the same time it is incumbent nt or upon the states of any area to be willing and able to undertake the 2. The defense of the Middle East is vital to the free world and for 3. The Middle East Command is intended to be the center of the cooperative efforts for the defense of the area as a whole; the achieve- gres tand . clud Gor ction initial defense of their area. stes has 2184 AMERICAN FOREIGN POLICY, 1950–1955 C ri 11 P re 0 m W 7 t ? ( 4. A function of the Middle East Command will be to assist an support the states willing to join in the defense of the Middle Ea and to develop the capacity of each to play its proper role in the defense of the area as a whole against outside aggression. It will . interfere in problems and disputes arising within the area. 11 establishment of the Middle East Command in no way affects existin arrangements relating to such matters, notably the 'armistice agree ments 1 and the United States-United Kingdom-French Triparts Declaration of May 1950.2 5. The task of the Middle East Command at the outset will primarily one of planning and providing the Middle East States their request with assistance in the form of advice and training Requests for arms and equipment made by states in the area wilis to join in its defense to sponsoring states in a position to assist in thi connection will be filled by them to the extent possible following thi coordination of such requests through the Middle East Command. 6. The Supreme Allied Commander Middle East will command forces placed at his disposal and will develop plans for the operation of all forces within the area (or to be introduced into the area ) i time of war or international emergency. However, the placing & forces under the command of the Supreme Allied Commander Midk East in peacetime is not a prerequisite for joining in the commo effort for the defense of the Middle East. Movement of those troop placed under the command of the Supreme Allied Commander Middh East to or within the territories of states joining in the defense of the Middle East will be made only with the agreement of the state « states concerned and in full accord with their national independence and sovereignty. 7. While details have yet to be formulated, the sponsoring state intend that the Middle East Command should be an integrated alisi command, not a national command. The responsibility of the Su preme Allied Commander Middle East will be to insure the effectire ness of the corporate defense enterprise represented by the command All states joining in this enterprise will be individually associata with the command on the basis of equality through a Middle East Defense Liaison Organization which will be located at Middle East Command Headquarters and will be the link between the comman and the countries ready to join in the defense of this area. 8. Any facilities granted to the Middle East Command by state joining in the defense of the Middle East will be the subject of agreements. 9. The broad mission of the Middle East Command and its com operative character make it necessary that all States, whether teru torially or not part of the area, act in the best interests of the coopera tive defense of the area; the Middle East Command naturally w not further the national interest of any particular state. 10. A continuing objective of the Middle East Command is reduce such deficiencies as exist at present in the organization C 18 I a C t 8 { f ( specă ( 1 Supra, pp. 698-724. 2 Infra, p. 2237. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2185 it and 型 ​训 ​ea) i ſiddh nmon troops Tiddi of the ate a idence Union's aggressive actions. Department of State Bulletin, Dec. 31, 1951, pp. 1055-1056. Ibid., pp. 1054-1055. capacity for defense in a vitally important area so that the peacetime EXY role of the states of the area in Middle East defense will progressively thi increase, thus permitting the peacetime role of states not territorially ill me part of the Middle East to be decreased proportionately. 11. The sponsoring states of the Middle East Command do not isting regard the initial form in which the Middle East Command will be organized as unchangeable; they believe that the Middle East Com- agree Partit: mand through mutual understanding should evolve in the manner which will enable it most effectively to provide for the defense of the Middle East area as a whole. tes de lining villig 7. REPLY TO SOVIET OBJECTIONS TO THE ESTABLISH- in thi MENT OF A MIDDLE EAST COMMAND: Note From the ng to American Embassy at Moscow to the Soviet Ministry of Foreign ind. Affairs, December 18, 1951 1 mand ation The Government of the United States has given careful considera- ingo tion to the note of the Government of the U.S.S.R. of November 242 concerning the proposed establishment of the Middle East Command. It is apparent that the Soviet Union has placed a completely erroneous interpretation upon the Middle East Command and has chosen to ignore the clearly-stated purposes and principles upon which the Middle East Command will be founded. The allegation of the Soviet Union that the Middle East Command is aggressive in intent is utterly without foundation. On the con- state trary, the statement of principles published by the United Kingdom, France, Turkey, and the United States on November 103 make it abundantly clear that the Middle East Command is designed (1) to create a voluntary cooperative defense organization to provide for mand the security of the Middle East area as a whole in the event that that area should become a target of outside aggression, and (2) to assist the states in the area to preserve and strengthen their independence and freedom so that their economic well-being and social institutions can develop in an atmosphere unclouded by fear for their security. The Middle East Command proposals and principles are based upon the inherent right of self-defense set forth in article 51 of the Charter of the United Nations. Such self-defense is facilitated by cooperative measures like the Middle East Command. The need for these cooperative measures arises from the concern over present tensions in the world situation which have been created by the Soviet at subversion against the states of the Middle East do not contribute to lessening these tensions. The United States notes with surprise the assertion by the U.S.S. R. allied le St ctite ciated Eas! East mani states recife IS CO term pera: 71 is is to 1 and 2 * Supra. 2186 AMERICAN FOREIGN POLICY, 1950-1955 1 { C 1 ( . concept that those states choosing to participate in the Command will that the idea that any threat exists to the Middle East states is "absolutely groundless." The United States Government reminds the Soviet Government that on November 25, 1940, a proposal of U. S. S. R. People's Commissar for Foreign Affairs Molotov to German Ambassador Schulenburg to reach agreement with the Nazi Government of Germany on the delimitation of the spheres of influence between the Axis Powers and the U. S. S. R. provided, among other things, that the U. S. S. R. be enabled to establish "a base for land and naval forces" within range of the Turkish Straits and that "the area south of Batum and of Baku in the general direction of the Persian Gulf is recognized as the center of the aspirations of the Soviet Union." 1 In light of the Soviet attitude toward the Middle East area since the end of World War II, the United States Govern- ment can only assume that the aims set forth by Mr. Molotov in 1940 remain the policy of the Soviet Government. With respect to the Soviet allegation that the sponsors of the Middle East Command intend to convert the Middle East into a place d'arma, with a view to occupying the states in the area and interfering with their internal affairs, the principles submitted to the Middle East states on November 10 make it clear that (a) the Middle East Com- mand will not interfere in matters arising within the area; (b) that movement of Middle East Command forces to or within the territories of the Middle East states will be made only with the agreement of the state or states concerned in full accord with their national inde pendence and sovereignty; and (c) that facilities granted to the Middle East Command will likewise be the subject of specific agree- ments. The United States and other members of the Nato have frequently been exposed to the purely propagandistic charge from the U.S.S. R. that the Nato is aggressive. That this charge is a complete distortion of the facts is made clear by the terms of the Treaty, by the steps taken under it, and by the foreign policies of the members. Being devoted to the cause of peace, the members believe that they can best serve this cause by their just determination to defend themselve against aggression. The United States wishes to make quite clear to the Soviet Union that neither the Nato nor the Middle East Command is aggressive in intent. As is well known to the Soviet Union and to the Governments satellite to it, there has been no aggression whatsoever originating from the countries who are members of these organizations. Furthermore, there will not be any. There fore, the Soviet reference to "the aggressive Atlantic Bloc" is once again rejected as being without any foundation whatsoever. The Middle East Command proposals and principles, based on the 1 See Nazi-Soviet Relations, 1989–1941 (Department of State publication 30% 1948), p. 258. 2 Treaty of Apr. 4, 1949, as amended by protocol of Oct. 17, 1951, supra, pp 812-815 and 853–854. i 1 1 } . ? NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2187 note of Oct. 2, 1950 (ibid.), and the Greek note of Oct. 4, 1950 eri- y in In connection with the examination of security problems confront- s is inds governments of the sovereign and independent Middle East states for their study and evaluation in the light of their own national lol interests. The decision as to whether they will elect to participate to in the Command and freely accept the benefits and responsibilities Vazi of such participation belongs to these states alone and not to the Дce ther Soviet Government. The recent Soviet threats to these states warning land against their participation in the Middle East Command constitute "the interference in the affairs of these countries. The United States Government believes, as the Soviet Government professes to do, that the the peoples of the Middle East have the right to conduct their national Idie policies "free from any kind of external pressure.” The Government of the U.S.S.R. bears the responsibility for the present situation, not those states which, either individually or collectively under the Charter of the United Nations, take legitimate measures of self-defense ddle in the interest of their own security and of international peace. mes , with East om that NATO's Eastern Arm---Greece and Turkey Dries it of nde 8. PRELIMINARY ASSOCIATION WITH NATO: Note Verbale the From the Secretary of State to the Turkish Ambassador at Wash- Teba ington, September 19, 1950 1 ntly .R. ing the Fifth Session of the North Atlantic Council, it was recognized tion that, in the case of the Mediterranean area, it would be desirable, if teps the Turkish Government so wished, to make arrangements which eing would permit Turkey to be associated with such appropriate phases of can the military planning work of the North Atlantic Treaty Organization Ives as are concerned with the defense of the Mediterranean. lear The Council is keenly aware of the active support which Turkey, East as a member of the United Nations, has accorded the principles of viet the United Nations and of the important role which Turkey is play- ing in the maintenance of the stability of the eastern Mediterranean It is the view of the Council that association of the Turkish Govern- ment with the appropriate phase of the planning work of the North Atlantic Treaty Organization with regard to the defense of the Mediterranean would contribute significantly to the defense of that 1 DO pers area. DIA nce the will area. the 202 JO Department of State Bulletin, Oct. 16, 1950, p. 632. A note verbale identic With this one, mutatis mutandis, was sent by the Secretary of State to the Greek Ambassador at Washington, Oct. 3, 1950, ibid., p. 633. See also the Turkish (ibid.). * See Council's communiqué of Sept. 18, 1950; supra, pp. 1606-1607. PP 2188 AMERICAN FOREIGN POLICY, 1950-1955 [PROTOCOL TO THE NORTH ATLANTIC TREATY ON THE ACCESSION OF GREECE AND TURKEY, OCTOBER 17, 1951 9. UNITED STATES USE OF DEFENSE FACILITIES: Agreement Between the United States and the Kingdom of Greece, October 12, 1953 2 of th in F fr 01 ಡ 5 OD 0] ri A d t C d A 0 f f t The United States of America and the Kingdom of Greece being parties of the North Atlantic Treaty, which was signed at Washington on April 4, 1949 3 and having regard to their respective responsibilities under the aforesaid Treaty to provide for the security and defense of the North Atlantic Treaty Area, and under Article 3 thereof to develop their collective capacity to resist armed attack, have entered into the following Agreement: Article I 1. The Government of Greece hereby authorizes the Government of the United States of America, subject to the terms and conditions set forth in this Agreement and to technical arrangements between appropriate authorities of the two Governments, to utilize such roads railways and areas, and to construct, develop, use and operate such military and supporting facilities in Greece as appropriate authorities of the two Governments shall from time to time agree to be necessary for the implementation of, or in furtherance of, approved NATO plans. The construction, 'development, use and operation of such facilities shall be consistent with recommendations, standards and directives from the North Atlantic Treaty Organization (NATO) where applicable. 2. For the purpose of this Agreement and in accordance wit technical arrangements to be agreed between the appropriate author ities of the two Governments, the Government of the United States of America may bring in, station and house in Greece United States personnel. United States Armed Forces and equipment under their control may enter, exit, circulate within and overfly Greece and is territorial waters subject to any technical arrangements that may be agreed upon by the appropriate authorities of the two Governments These operations shall be free from all charges, duties and taxes. 3. The priorities, rates of consumption and charges established for the United States Armed Forces for such services as electric power sewerage, water supply, communication systems, and freight and personnel transportation by rail, will be no less favorable than those established for the Greek Armed Forces. & 1 Supra, pp. 853–854. 2 TIAS 2868; 4 UST 2189. Entered into force on date of signature. A similar agreement with Turkey (TIAS 3243; 6 UST 1031) was signed on Apr. 25, 1966 , and entered into force on date of signature. Supra, pp. 812–815. 3 ܀ ܚܕܚܝܫܝܕܢܓ NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2189 Se of Veen THI Article II 951 1. Equipment, materials and supplies imported by or on behalf of the Government of the United States of America in connection with the construction, development, operation or maintenance of agreed installations and facilities and the official support of the United States ment tober Forces, civilian components, and their dependents shall be exempt from all duties, taxes, custom restrictions and inspections. 2. All removable facilities erected or constructed by or on behalf of the Government of the United States of America at its sole expense being and all equipment, materials and supplies brought into Greece or gton purchased in Greece by or on behalf of the Government of the United Litur States of America in connection with the construction, development, operation and maintenance of agreed installations and facilities wilí relay remain the property of the Government of the United States of o the America and may be removed from Greece. No such removal or disposition will be undertaken which will prejudice the mission of the NATO. ment 3. The United States of America will be compensated by the Greek tions Government for the residual value, if any, of the facilities acquired, developed and constructed at United States expense under the present bads Agreement and not removed or otherwise disposed of in accordance such with paragraph 2 of this Article, including those facilities developed rities or constructed jointly by United States and Greek funds, when such facilities or any part thereof are no longer needed by the military ATO forces of the United States. The amount and manner of compensa- such tion shall be in accordance with agreements to be made between the appropriate authorities of the contracting parties. Negotiations as TO) to the method for treating the residual value of these facilities will be without prejudice to agreements within the NATO. with shor Article III cates For the implementation of this Agreement the provisions of Article cates I, paragraphs 3a and 3b of Legislative Decree 694 of May 7, 1948, Eheir and the Memorandum of Understanding between the Government of its the United States and the Government of Greece dated February 4, y be 1953, shall be applied in accordance with terms mutually agreed. 2. The United States Armed Forces in Greece under this Agree- may also establish and continue to use or operate United States i for military post offices. wer Article IV The present Agreement will come into force from the date on which it is signed, and will remain in effect during the period of the validity of the North Atlantic Treaty. DONE at Athens in duplicate, in the English and Greek languages, the two texts having equal authenticity, this 12th day of October, 1953 SAIT and ents . ment and Jose milar 1955, 1 TIAS 2775; 4 UST 166. 2190 AMERICAN FOREIGN POLICY, 1950–1955 10. DEFENSE SUPPORT AID: Communiqué by the Government of the United States and Turkey, June 5, 1954 1 re 0 8 m 0 0 1 0 The Governments of the United States and Turkey wish to expres their mutual satisfaction as a result of the visit of Prime Minister Adnan Menderes to Washington. It has provided a valuable oppor- tunity for the Turkish Prime Minister to discuss thoroughly with h President Eisenhower, Secretary of State Dulles, Secretary of Defense Wilson, FOA Director Stassen, and other high ranking United Statesh officials matters of common interest to the two countries. During his visit the Prime Minister also met with members of Congress who are active in committees concerned with foreign affairs. In such meetings Mr. Menderes engaged in a frank exchange of views and opinions relative to the common goals and interests of our tiro countries. Further, the visit afforded an occasion for the Prime Minister to place before the United States Government a clear and forceful state ment of Turkish policy to act as a convinced and determined member of Nato, to develop closer political and military ties with other friendly nations in the free world, in and out of Nato, and to support the mutual efforts of the United States and other free nations to organize for world security. The official visit has also provided another opportunity for the United States Government to reaffirm its recognition of the fact that Turkey has assumed a defense posture which includes a modernized armed force and which places a heavy strain upon the resources of its country and people and that substantial assistance from the United States and from other free nations who are in a position to render such assistance is necessary in order to permit the attainment of our com; ti mon objectives for a collective defense. In this direction, the United States Government intends to continue to base.its program of military assistance to the Republic of Turkey toward meeting the requirements S of the Nato-approved Turkish force goals. In order to enable Turkey to meet the requirements of her armed forces under the above programi during the coming year, the United States Government, subject to the action of Congress and a review of commitments and priorities, is disposed to increase its presently approved military assistance program. The United States Government is further prepared accelerate deliveries of items in the present pipeline of roughly one-he. billion dollars of military equipment presently appropriated and programmed for Turkey În recognition of the fact that the support and maintenance of a large defense force will place a strain upon the Turkish econom which it cannot presently bear without external assistance and in further recognition of the fact that it is in our common interest that Turkey be placed in a position where it can support the needs of its military establishment and its economy through its own resources in o 0 0 S a t 0 I C S C ( 1 Department of State Bulletin, June 14, 1954, pp. 912-913. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2191 Bress ister t air hems 31 to other port 2 Department of State Bulletin, Mar. 1, 1954, pp. 327-328. lents the shortest possible time, the United States Executive Branch has requested the Congress for funds which would permit the furnishing of economic assistance to Turkey during the coming fiscal year.i Although it is impossible for the United States Government to make any commitments as to its intentions with respect to the furnishing of por military or economic support assistance beyond Fiscal Year 1955, it will has been agreed with the Republic of Turkey to continue the appraisal ense of Turkey's possible future needs and of the measures which may tates have to be taken by the Government of Turkey and the Government of the United States in the attainment of their common objectives. is of OTTO Mutual Defense Assistance Arrangements With Pakistan tate . mber 11. COLLECTIVE SECURITY IN THE MIDDLE EAST: Statement by the Department of State, February 19, 1954 2 · the The U. S. Government warmly welcomes the announced intention that of the Governments of Turkey and Pakistan "to study methods of achieving closer friendly collaboration in the political, economic, and of its cultural spheres as well as of strengthening peace and security in their nited own interest as also in that of all peace-loving nations." 3 This for- such ward-looking step should provide increased assurances that these and other countries in the area will be able to maintain the independence they so highly prize. No nation standing alone can obtain adequate security at bearable cost. This principle has already been accepted and ents applied throughout most of the free nations of Europe, North and rker South America, and the Western Pacific. The Secretary of State reported last spring on his return from a trip through the Near East and South Asia that he found certain countries of the area concerned at the dangers which threatened them and others in the free world. He also reported that he found some desire for a collective security system in the area, but emphasized that such a -hal system should be designed and grow. from within out of a sense of common destiny and common danger. It is evident that the proposal of these two Governments is of this character and constitutes a con- of a structive step toward broadening the base of the collective strength See par. (C), (2), Sec. 105, of the Mutual Security Act of 1954; infra, p. 3109. This announcement by Turkey and Pakistan was made, Feb. 19, 1954. is to COM- Tam et to ties , anch i to and of the free world. om din that f its S ID * See supra, doc. 2. تحت کنند la th 15 to in T st M. U OP be assured that your request would receive my most sympathetie 2192 AMERICAN FOREIGN POLICY, 1950–1955 12. DEFENSIVE PURPOSE OF UNITED STATES MILITARI AID: Message From the President of the United States to the Prime Minister of India, February 24, 1954 1 DEAR MR. PRIME MINISTER: I send you this personal message because I want you to know about my decision to extend military aid to Pakistan before it is public knowledge and also because I wari you to know directly from me that this step does not in any wa affect the friendship we feel for India. Quite the contrary. We wi continually strive to strengthen the warm and enduring friendship between our two countries. Our two Governments have agreed that our desires for peace or in accord. It has also been understood that if our interpretation of existing circumstances and our belief in how to achieve our goalk differ, it is the right and duty of sovereign nations to make their own decisions. Having studied long and carefully the problem of posing possible aggression in the Middle East, I believe that consulte tion between Pakistan and Turkey about security problems wil serve the interests not only of Pakistan and Turkey but also of the whole free world. Improvement in Pakistan's defensive capability will also serve these interests and it is for this reason that our aid w be given. This Government's views on this subject are elaborated in a public statement I will release, a copy of which Ambassador Allen will give you. What we are proposing to do, and what Pakistan is agreeing to is not directed in any way against India. And I am confirming publici that if our aid to any country, including Pakistan, is misused and directed against another in aggression I will undertake immediately, in accordance with my constitutional authority, appropriate action both within and without the UN to thwart such aggression. I be lieve that the Pakistan-Turkey collaboration agreement which is being discussed is sound evidence of the defensive purposes both countries have in mind. I know that you and your Government are keenly aware of the need for economic progress as a prime requisite for stability and strength. This Government has extended assistance to India i recognition of this fact, and I am recommending to Congress & com tinuation of economic and technical aid for this reason. We also believe it in the interest of the free world that India have a strong military defense capability and have admired the effective way you Government has administered your military establishment. If you Government should conclude that circumstances require military aid of a type contemplated by our mutual security legislation, pless ag V to ef 1, to 3 re de he in W fr which CA 8] S] V St . II a a a ī t i 1 1 Department of State Bulletin, Mar. 15, 1954, pp. 400-401. 2 See statement of Feb. 19, 1954, by the Department of State; supra. 3 Infra. See the agreement of Apr. 2, 1954; supra, pp. 1253–1256. 1 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2193 litary 1987 e an on of goals sulta wil d wil rated 1 Department of State Bulletin, Mar. 15, 1954, p. 401. I regret that there has been such widespread and unfounded specu- o the lation on this subject. Now that the facts are known, I hope that the real import of our decision will be understood. Ssage 13. INCREASING THE DEFENSE POTENTIAL OF PAKISTAN: Statement by the President, February 25, 1954 1 e vi dship On February 19th, Turkey and Pakistan announced their intention to study methods of achieving closer collaboration on various matters including means designed towards strengthening peace and security. This Government welcomed this move and called it a constructive step towards better ensuring the security of the whole area of the LOT Middle East. The Government of Pakistan has now asked the f OP United States to grant military assistance. I have said repeatedly that regional groupings to ensure security of the against aggression constitute the most effective means to assure sur- bilita vival and progress. No nation can stand alone today. My report to the Congress on June 30, 1953 stated that we should strengthen efforts towards regional political, military and economic integration. I, therefore, under the authority granted by the Congress, am glad sador to comply with Pakistan's request, subject to the negotiation of the required MDAP agreement. to, is This Government has been gravely concerned over the weakness of blier defensive capabilities in the Middle East. It was for the purpose of . helping to increase the defense potential in this area that Congress in its last session appropriated funds to be used to assist those nations in the area which desired such assistance, which would pledge their willingness to promote international peace and security within the framework of the United Nations, and which would take effective which measures to prevent and remove threats to peace. Let me make it clear that we shall be guided by the stated purposes of the and requirements of the mutual security legislation. Those include specifically the provision that equipment, materials or services pro- vided will be used solely to maintain the recipient country's internal security and for its legitimate self defense, or to permit it to participate in the defense of the area of which it is a part. Any recipient country also must undertake that it will not engage in any act of aggression against any other nation. These undertakings afford adequate Litar whatever their international policies may be, that the arms the assurance to all nations, regardless of their political orientation and United States provides for the defense of the free world will in no way threaten their own security. I can say that if our aid to any country, See Report to Congress on the Mutual Security Program for the Six Months See the Mutual Security Appropriation Act of 1954 (PL 218, 83d Cong., Ist sess., approved Aug. 7, 1953, 67 Stat. 478). * See Sec. 202 of the Mutual Security Act of 1951 as amended; infra, p. 3063. 415900_57-Vol. 235 and ately , uction I be. Ich is collective - and ja in ܐ · CON- also trong Fou your please hetic Ended June 30, 1953, p. 5. 2194 1950-1955 AMERICAN FOREIGN POLICY, 9 al including Pakistan, is misused and directed against another in aggreso sion I will undertake immediately, in accordance with my constitz- tional authority, appropriate action both within and without the UN A to thwart such aggression. I would also consult with the Congress te on further steps. A The United States earnestly desires that there be increased stabilit and strength in the Middle East, as it has desired this same thing i other parts of the free world. It believes that the aspirations of the peoples in this area for maintaining and developing their way of lif and for realizing the social advances close to their hearts will be best served by strength to deter aggression and to reduce the fear d to aggression. The United States is prepared to help in this endeaviem if its help is wanted. 0 W CE CO W G 14. MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES AND PAKISTAN, MAY 19, 1954" G ot m at ar or as to The Government of the United States of America and the Govern- ment of Pakistan, ան Desiring to foster international peace and security within the frame- work of the Charter of the United Nations through measures which st will further the ability of nations dedicated to the purposes and pri- ciples of the Charter to participate effectively in arrangements for individual and collective self-defence in support of those purposes and to principles; Reaffirming their determination to give their full co-operation to the of efforts to provide the United Nations with armed forces as contem- plated by the Charter and to participate in United Nations collective defence arrangements and measures, and to obtain agreement on universal regulation and reduction of armaments under adequate se guarantee against violation or evasion; Taking into consideration the support which the Government of United States has brought to these principles by enacting the Mutuel A Defence Assistance Act of 1949, as amended, and the Mutual Security Act of 1951, as amended: 3 G Desiring to set forth the conditions which will govern the furnishing | al of such assistance; Have agreed: fu ARTICLE I Jei pe 1. The Government of the United States will make available to the Government of Pakistan such equipment, materials, services or other assistance as the Government of the United States may authorize . accordance with such terms and conditions as may be agreed. The furnishing and use of such assistance shall be consistent with the in W ur ра su m 1 TIAS 2976; 5 UST 852. 2 63 Stat. 714; 22 U. S. C. $ 1571 note. 3 Infra, pp. 3059–3086. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2195 gree Charter of the United Nations. Such assistance as may be made stitu available by the Government of the United States pursuant to this UN Agreement will be furnished under the provisions and subject to all the gtes terms, conditions and termination provisions of the Mutual Defence Assistance Act of 1949 and the Mutual Security Act of 1951, acts bility amendatory or supplementary thereto, appropriation acts thereunder, ug 1 or any other applicable legislative provisions. The two Governments f the will, from time to time, negotiate detailed arrangements necessary to of carry out the provisions of this paragraph. best 2. The Government of Pakistan will use this assistance exclusively ar dd to maintain its internal security, its legitimate self-defence, or to per- 970, mit it to participate in the defence of the area, or in United Nations collective security arrangements and measures, and Pakistan will not undertake any act of aggression against any other nation. The Government of Pakistan will not, without the prior agreement of the EEN Government of the United States, devote such assistance to purposes 14 other than those for which it was furnished. 3. Arrangements will be entered into under which equipment and Verta materials furnished pursuant to this Agreement and no longer re- quired or used exclusively for the purposes for which originally made came available will be offered for return to the Government of the United 1 which States. prin- cs for and ective at 01 utal Agreement. 4. The Government of Pakistan will not transfer to any person not an officer or agent of that Government, or to any other nation, title to or possession of any equipment, materials, property, information, or services received under this Agreement, without the prior consent to the of the Government of the United States, item- 5. The Government of Pakistan will take such security measures as may be be agreed in each case between the two Governments in order to prevent the disclosure or compromise of classified military articles, quatre services or information furnished pursuant to this Agreement. 6. Each Government will take appropriate measures consistent of the with security to keep the public informed of operations under this eurity 7. The two Governments will establish procedures whereby the Government of Pakistan will so deposit, segregate or assure title to shing all funds allocated to or derived from any programme of assistance undertaken by the Government of the United States so that such funds shall not, except as may otherwise be mutually agreed, be sub- ject to garnishment, attachment, seizure or other legal process by any person, firm, agency, corporation, organization or government. ARTICLE II The two Governments will, upon request of either of them, negotiate in the appropriate arrangements between them relating to the exchange of patent rights and technical information for defence which will expedite such exchanges and at the same time protect private interests and maintain necessary security safeguards. other ize 1 The نعنعنه 2196 AMERICAN FOREIGN POLICY, 1950–1955 m and export duties on personal property imported for the personal us of such personnel or of their families and will take reasonable admini: ARTICLE III 1. The Government of Pakistan will make available to the Goven ment of the United States rupees for the use of the latter Government for its administrative and operating expenditures in connection wil carrying out the purposes of this Agreement. The two Government will forthwith initiate discussions with a view to determining the amount of such rupees and to agreeing upon arrangements for the furnishing of such funds. 2. The Government of Pakistan will, except as may otherwise be mutually agreed, grant duty-free treatment on importation or exporte tion and exemption from internal taxation upon products, property materials or equipment imported into its territory in connection wil this Agreement or any similar Agreement between the Government of the United States and the Government of any other country recer. ing military assistance. 3. Tax relief will be accorded to all expenditures in Pakistan by, or on behalf of, the Government of the United States for the commoC defence effort, including expenditures for any foreign aid programme . U of the United States. The Government of Pakistan will establish procedures satisfactory to both Governments so that such expenditure et will be net of taxes. ARTICLE IV th 1. The Government of Pakistan will receive personnel of the Government of the United States who will discharge in its territor the responsibilities of the Government of the United States under this Agreement and who will be accorded facilities and authority to od serve the progress of the assistance furnished pursuant to this Agre ment. Such personnel who are United States nationals, including personnel temporarily assigned, will, in their relations with the Government of Pakistan, operate as part of the Embassy of the United States of America under the direction and control of the Chie ! of the Diplomatic Mission, and will have the same privileges an immunities as are accorded other personnel with corresponding rahi of the Embassy of the United States who are United States national Upon appropriate notification by the Government of the Unite States the Government of Pakistan will grant full diplomatic stars to the senior military member assigned under this Article and the senior Army, Navy and Air Force officers and their respective in mediate deputies. 2. The Government of Pakistan will grant exemption from import trative measures to facilitate and expedite the importation, exportation of the personal property of such personnel and the families. ca ti al 농​AM5 0 mi g? U: T V 0 e 9 8 t NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2197 ARTICLE V ) Ver: iment I mit ments hం - port: I will iment receit mmoi ablish 1. The Government of Pakistan will: (a) join in promoting international understanding and goodwill, and maintaining world peace; (b) take such action as may be mutually agreed upon to elimi- g the nate causes of international tension; or the (c) make, consistent with its political and economic stability, the full contribution permitted by its manpower, resources, facili- isel ties and general economic condition to the development and maintenance of its own defensive strength and the defensive perty strength of the free world; (d) take all reasonable measures which may be needed to develop its defence capacities; and (e) take appropriate steps to insure the effective utilisation of the economic and military assistance provided by the United States. in br. 2. (a) The Government of Pakistan will, consistent with the Charter of the United Nations, furnish to the Government of the United States, or to such other governments as the Parties hereto may in each case agree upon, such equipment, materials, services or litur other assistance as may be agreed upon in order to increase their capacity for individual and collective self-defense and to facilitate their effective participation in the United Nations system for collec- tive security. b) In conformity with the principle of mutual aid, the Government Titor of Pakistan will facilitate the production and transfer to the Govern- ment of the United States, for such period of time, in such quantities to alle and upon such terms and conditions as may be agreed upon, of raw agent and semi-processed materials required by the United States as a result quam of deficiencies or potential deficiencies in its own resources, and which h the may be available in Pakistan. Arrangements for such transfers shall give due regard to reasonable requirements of Pakistan for domestic use and commercial export. ARTICLE VI In the interest of their mutual security the Government of Pakistan will co-operate with the Government of the United States in taking ed the measures designed to control trade with nations which threaten the er this of the Chiel S and rant, onak United status maintenance of world peace. Te im mport al is minis 1 and thei' ARTICLE VII 1. This Agreement shall enter into force on the date of signature and will continue in force until one year after the receipt by either party of written notice of the intention of the other party to terminate it, except that the provisions of Article I, paragraphs 2 and 4, and arrangements entered into under Article I, paragraphs 3, 5 and 7, and under Article II, shall remain in force unless otherwise agreed by the two Governments. : 2198 AMERICAN FOREIGN POLICY, 1950–1955 1 technical assistance, flood relief as previously agreed upon consequent ister of Pakistan arrived in Washington on Oct. 14 as an official guest of the 2. The two Governments will, upon the request of either of them, to consult regarding any matter relating to the application or amend me ment of this Agreement. go 3. This Agreement shall be registered with the Secretariat of the su United Nations. Done in two copies at Karachi the 19th day of May one thousand fo nine hundred and fifty four. St th m H 15. DEFENSE SUPPORT AID TO PAKISTAN: Communiqué bl of the Governments of the United States and Pakistan, October 21 ye 1954 1 As the visit to Washington of Prime Minister Mohammed Ali Pakistan draws to a close, the Government of the United States and the Government of Pakistan consider it fitting to reaffirm their com- mon purpose in striving to assure peace and economic security their peoples. They are convinced that those objectives can be attained through measures of collective security, self-help and ex nomic cooperation. At the same time, they share a common conti tion that their goals can be attained only where fundamental spiritual values are permitted to flourish. The Prime Minister and cabinet members accompanying him hare had discussions of problems of mutual interest with a number of high-ranking officials of the United States, including President Eisenhower, Secretary of State Dulles, Secretary of Defense Wilson and Foreign Operations Administration Director Stassen. The discussions were preceded and have been accompanied by earnest efforts within the United States Government to determine measures which the United States might take to strengthen Pakistan bearing in mind Pakistan's special position in the Middle East and South Asia, its unreserved friendship and cooperation with the b United States in its efforts for the security of the free world, and the economic problems with which Pakistan is at present faced. With the report of the special FOA mission sent to Pakistan last summer under the leadership of Mr. H. J. Heinz II, it became clear that, despite its own tremendous efforts, Pakistan was in urgent need of increased economic assistance to ameliorate shortages of consumers goods and industrial raw materials, and that economic development programs must be increased if economic stability were to be attained Accordingly, it has been agreed that the United States Government will make available to Pakistan in the current fiscal year about $105 million in economic aid, part of which will be in the form of loans . This figure, which is five times last year's aid, includes funds for 1 Department of State Bulletin, Nov. 1, 1954, pp. 639-640. The Prime Min U.S. Government; ibid., Oct. 25, 1954, p. 606. 0 t € NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2199 them to the disaster of last August in East Pakistan, and funds for develop- nend mental purposes. To meet Pakistan's urgent needs for consumer goods and industrial raw materials, the total figure also includes a of the substantial amount in the form of agricultural commodities. Recognizing Pakistan's position in the common defense effort and isand following the military assistance agreement signed with the United States this spring, the United States will endeavor to accelerate the substantial military aid programs for Pakistan, which are beginning this year. In this connection, the United States cannot make com- mitments beyond the limits of existing and current appropriations. However, the Government of the United States and the Government lé by of Pakistan intend to continue to study together in this and future r 21, years the best means of achieving their mutual objective: the strength- ening of the economy and the defense capabilities of Pakistan. 1 Wid s and COM ty to n be Aircraft Transit Facilities in Saudi Arabia ECO- ntica itual 16. USE OF FACILITIES AND SERVICES AT DHAHRAN AIR- FIELD BY TRANSIENT AND SUPPORTING AIRCRAFT OF THE UNITED STATES: Note From the American Ambassador at Jidda? to the Saudi Arabian Minister for Foreign Affairs,: June 18, 19514 have er of ident mine and ilson I have the honor to acknowledge the receipt of Your Highness' note of this date reading as follows: ber "I have the honor to inform Your Excellency that as of this date stan the Agreement between the Government of the Kingdom of Saudi Arabia and the Government of the United States of America concern- ing Dhahran Airfield, concluded on June 23, 1949, as extended, will the be terminated. In view of the desire of the Government of Saudi Arabia to offer to the Government of the United States of America certain facilities after that date, I have the honor to transmit to Your desi Excellency herein below the provisions upon which agreement was Reed reached for the continuation of the use of facilities and services at Dhahran Airfield by the transient and supporting aircraft of the Government of the United States, in accordance with the conditions mentioned in this letter. It is my hope that you will inform me in your reply of the approval thereof by the Government of the United States in order to consider this note and Your Excellency's reply an agreement committing the two parties. last ned. ent 105 for ent 2 fin- · Supra, doc. 14. Raymond A. Hare. 3 Prince Feisal. * TIAS 2290; 2 UST 1466. 5 Not printed. the 2200 AMERICAN FOREIGN POLICY, 1950–1955 rey and 4 fiel pre ret Ag ter to Ar to fre ag an W1 ste W m 1. The term Dhahran Airfield as used in this Agreement mean the area of land located in the so-called Dammam tracts measuring five statute miles on each side of a square with the center located ai the terminal building of the existing airdrome. 2. (a). In accordance with the request of the Saudi Arabia Government, the Government of the United States agrees to send, al its expense, to Dhahran Airfield a Mission to be employed for training Saudi nationals and for organizing the operations of the Dhahru Airport technical administration. (b). The number of the members of the Mission will be de termined by request of the head of the Mission and approval thered by the Saudi Arabian Minister of Defense. Such specification in numbers of personnel will be reviewed from time to time in the light of developing circumstances and requirements. (c). "The Mission referred to in paragraph (a) above is per mitted to employ an additional number of civilians on the Airfield on condition that such civilians shall be the subjects of the Kingdom of Saudi Arabia or the subjects of the United States or the subjects el fo a third state friendly to both, and that the number of non-Saud de personnel will be determined by request of the Mission and approved th of the Saudi Arabian Minister of Defense. Such specification in ol numbers of personnel will be reviewed from time to time in the light M of developing circumstances and requirements. (d). It is provided that there must not be among members of the Mission or among the other employees any individual who is objectionable to the Saudi Arabian Government, and that the Govern- at ment of the United States will submit a detailed list of the names and P& identity of these personnel and employees. (©). If the Saudi Arabian Government requests the Mission T to send out or replace any of its personnel or employees whom the Saudi Arabian Government does not desire to remain in the country , the Mission will carry out such request promptly. 3. (a). United States aircraft are permitted to use the Saudi Arabian Government Airport at Dhahran to land and take off for refueling and other technical services such as maintenance and repair. (b). United States aircraft are permitted to fly over those routes of Saudi Arabia of which the Saudi Arabian Government pels mits the use. (c). United States aircraft are permitted to perform air rescue operations for aircraft which are in need of aid, upon notice to the Saudi Arabian Government. In performing such air rescue, and crash boats may be used to the extent necessary for air rescue operations. (d). The number of aircraft which will be permitted to based at Dhahran Airfield and which will be used for air rescue and other authorized operations will be determined by request United States Mission and approval of the Saudi Arabian Minister of Defense. Such specification in the number of aircraft will be or e 8 ti 1 vehicles of the views NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2201 means Bining ahra On 11 om of reviewed from time to time in the light of developing circumstances suring and requirements. jede 4. In accordance with paragraph 23 of the existing Dhahran Air- field Agreement which states that all fixed installations and other "Abian property used in operation and maintenance of the Airfield will be nd , at returned to the Saudi Arabian Government upon termination of the Agreement, and in view of the fact that the said Agreement is being terminated and that such installations and properties thereby revert to the Saudi Arabian Government, and, due to the desire of the Saudi de Arabian Government to facilitate the errand of the Mission, it agrees hereo to place at the disposition of the Mission at Dhahran Airfield, rent light free, certain existing buildings and installations as specified in the list agreed upon by the appropriate authorities of the two Governments and approved by the Saudi Arabian Minister of Defense. This list pe will be reviewed from time to time in the light of developing circum- old on stances and requirements. 5. (a). The United States Mission at Dhahran Airfield will per- eta o form the necessary technical operations, and such operations will be Saudi determined and agreed upon between the members of the Mission and proval the appropriate officials of the Saudi Arabian Government, and, after 09. obtaining the approval of the Saudi Arabian Minister of Defense, the light| Mission will perform its duties on the Base, provided that such duties will be reviewed from time to time subject to the technical develop- irs of ments and circumstances. who is (b). The United States Mission is permitted to administer, at Dhahran Airfield only, and in addition to what is mentioned in paragraph (a), matters connected with United States military air- craft, the military personnel and the civilian employees of the Mission. The Mission at Dhahran Airfield will not act in any other matters except when specifically authorized by the Saudi Arabian Government. inter (c). Civil aviation operations and all other aviation operations at Dhahran Airfield, with the exception of those mentioned in para- graphs 5 (a) and (b) will be administered by the Saudi Arabian- off for Government under its responsibility. The Saudi Arabian Government pou will take the necessary action to prevent interference with the opera- tions of United States aircraft as authorized under this Agreement. s per All regulations and instructions of the Saudi Arabian Government will be applied to civilian aircraft which are permitted by the Saudi esc Arabian Government to use Dhahran Airfield, including compliance by such aircraft with the international provisions which are accepted nicles by the Saudi Arabian Government. The Saudi Arabian Government will also perform customs procedures, collection of fees, inspections, passport control and similar matters. 6, (a). To assure efficient operation and the furnishing of tech- nical services at Dhahran Airfield to the best possible extent the United States Mission will be permitted to improve, alter, modify nister and replace buildings and facilities for improvement purposes or, l be after notifying the Saudi Arabian Government, and obtaining its approval, to construct such buildings and facilities at Dhahran Air- field (including runways, taxiways, parking aprons, weather services, Verl- ES and SSION n the Saudi de 81 o the escue 0 be and the 2202 AMERICAN FOREIGN POLICY, 1950-1955 ng CO Government charges for themselves or their personal effects which provided that quantities of such effects will be within reasonable limits and that no such articles will be sold unless the appropriate authorities of the Saudi Arabian Government are informed in order radio communications and navigational aids) as may be deemed necelth sary for the purpose of this Agreement. The Saudi Arabian Goven na ment will issue instructions to the appropriate authorities to probiti ox the construction of buildings or obstacles for a distance of five kilom th ters in the plain west of the present Airfield, and it will also is th instructions to prevent the construction of obstacles in the approaches to the runways. th (b). Such installations and constructions will become, as som as they are established, the property of the Saudi Arabian Govers ment. All fixed properties will also be considered as belonging to the to Saudi Arabian Government as soon as they are established. Th Saudi Arabian Government will permit such new installations al fixed items to remain at the disposition of the United States Mission during the period of this Agreement. (c). It is agreed that the United States Mission will not re move any of the property and installations which have been installed and have become the property of the Saudi Arabian Government. I b case the Mission replaces any installations or property which be become the property of the Saudi Arabian Government, then such replacements will become the property of the Saudi Arabian Gover ment and the items which were removed will become the property do the United States Government. I (d). Neither the Mission nor the United States Government has the right to sell, lease, donate or pledge to a third party anythings granted to it in this Agreement or which has been put at its dispos: tion at Dhahran Airfield under this Agreement. 7. The Mission is permitted to employ radio codes. 8. The Mission may construct at the expense of the United States Government a railway spur to connect Dhahran Airfield with the railway which passes through the city of Dhahran. This spur be considered as soon as constructed the property of the Saudi Arabian Government. The use of such spur during the period of this Agree ment will be subject to a special agreement. 9. (a). The Saudi Arabian Government will accord exemption from customs duties, taxes and all Government charges on materias equipment and supplies necessary for the construction, maintenance supply and operation of the Airfield, provided that the Mission wil submit to the appropriate authorities of the Saudi Arabian Gover ment the official bills of lading and manifests on the material, equit ment and supplies imported for the operation and maintenance a Dhahran Airfield. (b). The Saudi Arabian Government accords the militar personnel of the Mission personal exemption from customs duties a? may be brought in for their personal use provided that such effect will be subject to submission of official bills of lading and manifest and Smo 1 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2203 neces SOON OVOM that the applicable taxes may be collected. Civilians of United States oven nationality who are attached to the Mission will also be accorded rohibi exemption from customs duties, taxes and Government charges for ilom themselves or on their personal effects which may be brought in for ) ise their personal use provided that such effects will also be subject to Dache submission of official bills of lading and manifest and provided that the quantities of such effects will be within reasonable limits and that no such articles will be sold unless the appropriate authorities of the Saudi Arabian Government are informed in order that the applicable to the taxes may be collected. The (c). It is understood that the Mission will inform the appro- is 80 priate authorities of the Saudi Arabian Government of anything the Tissia Mission may intend to sell in order that the applicable taxes may be collected. not re- (d). Subject to the provisions of paragraph 6 (b) the Mission stall may withdraw from Saudi Arabia any of those items which have been t.. brought in after notifying the Saudi Arabian Government; if the ch he United States has no special interest in using such items in some other 1 sue place outside Saudi Arabia, these items will be offered for sale to the oven Saudi Arabian Government at a fair price. In case the Saudi Arabian ertyd Government does not wish to buy these items they may then be ex- ported free of any export charges. nment 10. The Mission is permitted to receive its military mail and to ything send it to and from Dhahran Airfield exempt from customs duties isposto provided that parcel post will be in accordance with the terms of paragraph 9 (a). 11. The members of the Mission, its personnel and employees may State carry on any social activities on condition that they will take into h the account the local customs and laws in effect in Saudi Arabia. 1 12. (a). The complete authority and sovereignty inside and outside Tabiat of Dhahran Airfield is the absolute right of the Saudi Arabian Gov- Agreernment and it will make arrangements for guarding and maintaining the safety of the Airport. (b). The United States Mission will assign special guards for eriak the installations which are used by the Mission and such guards will be responsible for such installations under their guard inside the 12 11 Airfield. (©). The Mission shall comply with the request of the Director equr of the Dhahran Airport in appointing certain responsible persons from the Mission to accompany the Saudi patrol guards to identify members of the Mission and to cooperate during patrol duty, litary 13: (a). All United States military personnel, members of the sol Mission, and all civilian employees of the Mission who are United States nationals or the nationals of other friendly states and their fet dependents at Dhahran Airfield shall obey all applicable laws and ton regulations of the Kingdom of Saudi Arabia. (b). Any offense committed by any of the individuals referred to in (a) with the exception of American military personnel will be subject to the local jurisdiction of the Kingdom of Saudi Arabia. ar aption dance. Verd- ice of which nable oriete order 2204 AMERICAN FOREIGN POLICY, 1950-1955 ua WI m re G m el st ei Si schools in the United States advanced technical training in airfield to the maximum degree possible, be given consideration and priority (c). Depending on international authority, the Saudi Arabiu) ta Government agrees that: ор (i) If any member of the armed forces of the United States commits an offense inside Dhahran Airfield he will be subject to United States military jurisdiction, A: (ii) In the case of any offense committed by a member of the armed forces of the United States outside Dhahran Airfield at ! pe st Khobar, Dammam, Dhahran, Ras Tanura, the beaches south of Il Khobar to Half Moon Bay, and the roads leading to these places, the S Saudi Arabian authorities will arrest the offender and after prompth completing the preliminary investigation will turn such person ove it to the Mission at Dhahran Airfield for trial and punishment under American military jurisdiction. th (iii) Any offense committed by a member of the armed forca of the United States outside the places mentioned in (i) and (ii) wil be subject to the local jurisdiction of the Kingdom of Saudi Arabi, 8? (d). Claims for compensation for damages arising out of acid of members of the armed forces of the United States will be settled by agreement between the appropriate Saudi Arabian authorities and the Head of the Mission. In case no agreement is reached, settlement will be made through diplomatic channels. th 14. Members, personnel and employees of the Mission who are United States nationals will be in possession of valid passports or identification papers to be presented to the appropriate authorities ti upon arrival at Dhahran Airfield. All of them must obtain Saudi it visas from the point of departure, and if, for unavoidable reasons, is impossible to obtain such visas, the Saudi Arabian Government will honor competent United States Government travel orders on cond- tion that such persons are not undesirable. If anyone arrives withou having followed the said arrangements, he will be subject to the laws I and regulations of the Saudi Arabian Government. 15. The United States Government agrees to provide the Saudi Arabian Government the following services: (a). A military training program, the details of which will be agreed upon in a separate agreement and whereby an American mili tary mission will be sent to Saudi Arabia. (b). Training in the maintenance and operation of airfields to maximum at one time of one hundred Saudi Arabian students selected by the Saudi Arabian Government. The Saudi Arabian Government will select from these students, in consultation with the Mission twenty Saudi Arabian students to pursue at United States Air Forum operation and maintenance, under conditions embodied in the attached annex. Saudi Arab students of the Training Mission who have com pleted a course of technical training in United States schools an who have been found fully qualified in their technical specialty , wł . 1 See the agreement of June 27, 1953 (TIAS 2812; 4 UST 1482). ರ V U I 1 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2205 i Oy i) w 10 Are abia taken to increase the training and experience of these advanced grad- uates to the degree where they will be capable of administering and operating the international airports of Saudi Arabia. Rates of pay States will be on the same scale as others of equal qualifications. Jnited (C). In cases of emergency the United States will provide Saudi Arabia for its state-owned aircraft at delivery cost price, aircraft of the parts, including engines, when such parts can be made available from at ! stock at Dhahran Airfield. In the event that such parts cannot be oid made available at Dhahran Airfield, the United States will assist s, the Saudi Arabia in procuring them from commercial sources. mpth (d). The Mission will make available, within the capabilities of its facilities in operation at Dhahran Airfield, its weather services, radio communications, air rescue and aircraft operation services for the use of civilian aircraft which are authorized by the Saudi Arabian force Government to use Dhahran Airfield. (e). The United States Mission will provide to the best of its rabi ability and within its capabilities at Dhahran Airfield medical treat- facit ment and dispensary services for Saudi Arabian nationals who are ettled employees of the United States Mission and for Saudi members and es and students of the United States Training Mission. In the event of ement epidemic or infectious diseases the United States Mission will assist the Saudi Arabian Government to the extent possible to combat the situation. rts or 16. Upon the termination of this Agreement, the Mission will re- turn to the Saudi Arabian Government in sound operating condition all fixed installations, properties and equipment of which it makes use in the operation and maintenance of Dhahran Airfield. 17. (). The Mission is permitted to construct wells, water reser- condi voirs or dams to insure an ample supply of water for Dhahran Airfield. ithout (b). The Mission will undertake, in cooperation with the appro- elev priate Saudi authorities, to take such steps as may be mutually agreed upon to improve health and sanitation in areas contiguous to Ďhahran Airfield. 18. The Mission is permitted to contract for any construction work at Dhahran Airfield authorized by this Agreement without restriction as to choice of contractor provided that the contracting firm or the people working with it will not be unacceptable to the Saudi Arabian Government. So far as may be practicable, Saudi nationals will be given preference in employment and contracts. 19. Nothing in this Agreement shall be interpreted or construed to or detract in any way from the complete and absolute sov ereignty of the Saudi Arabian Government over Dhahran Airfield, nor does it include any authorization whatsoever which would for any reason permit flying over, landing or conducting any aviation operations over or near the Holy Places or over any prohibited areas. 20. This Agreement shall come into force as of this date, shall con- tinue in force for a period of five years, and shall remain in force for an additional period of five years thereafter unless, six months prior to the termination of the first five year period, either party to the brities Saudi ons, it at will Saudi till be 1 mill- s tos lected ament infringe SSION , Force irfield ached Com- s and iority ill be 2206 AMERICAN FOREIGN POLICY, 1950–1955 Agreement gives to the other notice of intention to modify or term. nate the Agreement. 17 ANNEX ma ea . The following are the conditions covering the training of Saudi Arabian students in the United States as specified in paragraph 15 (b).: 1. Transportation from Dhahran to the United States and return will be furnished by the United States Air Force via military aircrat at no cost to the Saudi Arabian Government. Travel within the United States will be at the expense of the Saudi Arabian Govern- fir ment although the United States Air Force will render all advice and fir assistance to trainees. 2. Saudi students will mess at their own expense on a cost basis at th Officers' Messes at the established local rates. CH tic 3. Where quarters are available, they will be furnished on a scale tir equivalent to that authorized officers of the United States Air Force . No reimbursement will be made to the United States for this service Where quarters are not available, the officer trainee or the Saudi Arabian Government will make their own arrangements at no cost to the United States Government. 4. All training will be without cost to the Saudi Arabian Govern- ment except as herein provided. Special clothing and equipment mi required for the prescribed training courses will be furnished for use during the training course upon a temporary loan basis at no cost to the Saudi Arabian Government. 5. Commissary, post exchange and similar privileges which are U ordinarily available to officers of the United States Air Force will be be extended to these trainees. 6. Medical care will be furnished when available on the same of as furnished United States Air Force personnel, at no cost to the to Saudi Arabian Government other than for subsistence." I have been authorized to inform Your Royal Highness of my Government's agreement to your proposal that your note and this reply should constitute an Agreement between our two Governments lo effective as of this date. Please accept, your Highness, the assurances of my highest consideration. wwwmSwaqG besis W. no ai t] a para sa NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2207 Defense Facilities in Libya ermi 1 Veri ) orce. 17. USE OF DEFENSE FACILITIES IN AGREED AREAS IN LIBYA: Agreement and Memorandum of Understanding Between Saudi the United States and Libya, September 9, 1954 Tapi PREAMBLE ptum 'crat The Government of the United States of America and the Govern- 1 ment of the United Kingdom of Libya, desiring to strengthen the the firm friendship and understanding now existing between them; con- and firming their determination to cooperate amicably and to support each other mutually in the international field, and to contribute to sis at the maintenance of peace and security within the framework of the Charter of the United Nations; and being of the opinion that coopera- scale tion within the territory of Libya will assist in achieving these objec- tives; have entered into the present Agreement. VICE . Saudi ARTICLE I ist to AGREED AREAS (1) The Government of the United Kingdom of Libya grants per- ment mission to the Government of the United States of America to occupy and use for military purposes, for the duration of the present Agree- est to ment and in accordance with its terms and conditions, those areas which are presently used and occupied by the Government of the United States of Åmerica as well as such additional areas as may he agreed upon in writing from time to time by the two Governments. All areas used and occupied by the Government of the United States bes of America pursuant to this paragraph shall hereinafter be referred the to as "agreed areas". (2) A particular agreed area shall cease to be considered as such whenever the Government of the United States of America shall this notify the Government of the United Kingdom of Libya that it no longer requires such area. Vern- I use ant wil ents chest ARTICLE II DEVELOPMENT AND SECURITY OF AGREED AREAS The Government of the United States of America may make arrangements for and carry out directly or through its contractors the installation, construction and removal of facilities within the agreed areas to improve and adapt such areas for military purposes and to provide for the internal security of such areas. The authorities TIAS 3107; 5 UST 2449. See also the memorandum of understanding of Feb, 24, 1955, relating to jurisdictions over United States Armed Forces under the Sept. 9, 1954 agreement (TIAS 3607; 7 UST 2051). 9 or ot! au са: are Government of the United States of America except as otherwise 2208 AMERICAN FOREIGN POLICY, 1950-1955 of the Government of the United States of America will not, however demolish any buildings existing on public lands at the time of fori entry of the United States forces on such lands or cut or remove trestur in any substantial number growing on such lands without the consen! TH of the appropriate authorities of the Government of the United the Kingdom of Libya. ARTICLE III ch: CONTROL OF AIRCRAFT, VESSELS AND VEHICLES th of (1) The Government of the United States of America may exerce full control over aircraft, ships and water-borne craft, and vehics pe pe entering, leaving and while within the agreed areas. (2) The Government of the United Kingdom of Libya shall arrang) Li for such controls over aircraft, vessels and vehicles entering, leavik and while within areas near the agreed areas as are agreed by the two of Governments to be necessary to carry out the purposes of the prese Agreement and ensure the security of United States forces and properts in Libya. ARTICLE IV COMMUNICATION AND PIPELINE FACILITIES The Government of the United States of America may construed K and maintain such wire communication and pipeline facilities outsid : of the agreed areas as the two Governments agree are necessary to carry out the purposes of the present Agreement. ARTICLE V PUBLIC SERVICES AND FACILITIES Upon the request of the Government of the United States of America and provided that the Government of the United Kingdom of Libya is assured that the public and private interests in Libya wi be duly safeguarded, the public services and facilities in Libya shal fo be made available as far as practicable for the use of the Government of the United States of America and members of the United States forces. The charges therefor shall be the same as those paid by other users, unless otherwise agreed. ARTICLE VI USE OF AGREED AREAS (1) The agreed areas shall be used and occupied exclusively by the ernment of the United States of America will be maintained at its expense. (2) The two Governments, as an element in collective military measures to maintain or restore international security, may agree ! m in m sa 18 th 01 U 81 er ht G el ir 8 9 A р to 0 0 3 1] NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2209 wever, 3aying at its interest in land is made available. a joint use and occupancy of an agreed area by the two Governments, of fire or by the United States of America and any nation with which the e tres United Kingdom of Libya has a Treaty of Friendship and Alliance.1 onsen The cost of maintenance of an agreed area which is used jointly by Jnite the two Governments, or by the United States of America and any other nation, shall be apportioned on the basis of usage, at rates and charges which are mutually satisfactory to the users. (3) The Government of the United States of America may request the Government of the United Kingdom of Libya to permit the use of the agreed areas for training purposes by small groups of military kereis personnel of countries other than the United States of America, such ehicle personnel to be at all times while in Libya under the United States auspices and control. The Government of the United Kingdom of rrang Libya is prepared to examine all such requests expeditiously on a case by case basis and inform the Government of the United States le te of American of its decision. resent operty ARTICLE VII ACQUISITION OF LAND (1) Except as otherwise agreed by the two Governments in accord- ance with paragraph (2) of this Article, the Government of the United Struc Kingdom of Libya will make all acquisitions of land and other arrange- ments required to permit occupation and use of lands and interests ary | in lands for the purposes of the present Agreement. The Govern- ment of the United States of America shall not be obliged to compen- şate any Libyan national or other person for the occupation or use of lands in which he has an interest and which are made available to the Government of the United States of America under the provisions of this paragraph, but it agrees to pay to the Government of the Kingdom of Libya on behalf of such national or person annu- ally an equitable rental for such occupation or use. The two Gov- ernments agree that once the equitable annual rental for such lands has been determined, the amount of that rental shall not be changed for the duration of the present Agreement without the consent of both (2) Subject to agreement between the two Governments, the Gov- ernment of the United States of America may rent lands or any interest in or relating to lands directly from private owners or make other arrangements with private owners as required to permit occupation and use of agreed areas in accordance with the provisions of the present Agreement. If satisfied that there is unreasonable refusal by a private owner, after he has received an offer of equitable compensation, to make available land or an interest in land necessary for the purpose rest of the present Agreement, the Government of the United Kingdom God of Libya will take the necessary steps to ensure that such land or utside United tes of gdon & W wil ament Governments. States other litary Libya has Treaties of Friendship and Alliance with the United Kingdom signed at Benghazi, July 29, 1953), France (signed at Tripoli, Aug. 10, 1955), and Italy (signed at Tripoli, Jan. 23, 1956). ee to 415900~57---Pol. 236 2210 AMERICAN FOREIGN POLICY, 1950-1955 reaso wear entral (3) Subject to such conditions (including conditions governing ment of the United Kingdom of Libya to foreign aircraft in general, agreed upon by the appropriate authorities of the two Governments domn * United States public aircraft may use airports and other aviation dition (4) In the exercise of the privileges described in this Article al (3) The rentals paid by the Government of the United States of America on the date of the entry into force of this Agreement for the State occupation and use of lands and interests in lands within the agreri (5) areas shall be deemed to be the equitable rentals payable for such princ occupation or use. (4) Lands or interests in lands occupied or used by the Government status of the United States of America under the provisions of this Artide shall be regarded as agreed areas for the purposes of the present Agreement. (5) Compensation to private owners for damage arising out of the occupation and use of property, if not otherwise paid, shall be paid by The the Government of the United States of America under the provisions, expen of Article XIX. Kingo that ARTICLE VIII roads MOVEMENT OF FORCES, AIRCRAFT, VESSELS AND VEHICLES (1) The Government of the United Kingdom of Libya grants to the United States forces and United States public vessels, aircraft, and vehicles, including armor, the right of free access and egress to an from the agreed areas and movement within and between the agreed Wh areas, by land, air and sea, for the purposes of the present Agreemen. The right shall include freedom from compulsory pilotage and all the fact charges anywhere within Libya, including territorial waters. With Derek shal] a view to facilitating control of harbor traffic within Libyan port ares open to commerce, reasonable notice will be given to the appropriate instal port authorities of the arrival of a United States public vessel i any such port area. The provisions of this paragraph shall not app shall to courtesy visits of United States Government vessels unrelate to the present Agreement. Such visits shall be governed by customary international practice. (2) By agreement between the two Governments, United Stati Unite forces and United States public vessels, aircraft and vehicles , including prester armor, shall have freedom of movement in other districts of Libya' prope including the territorial waters, in order to carry out the purposes the present Agreement. of . Am ities of the two Governments, United States public aircraft mey over any of the territory of Libya, including territorial waters . Unite States public aircraft shall not fly over areas prohibited by the Govern except as may be agreed. In an emergency United States pabai aircraft may land on and take off from any of the territory of Libro The including territorial waters, and, under such conditions as may facilities outside the agreed areas. Excep presei any r Unite the p cease Amer to tur Gove NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2211 ment status. of America for such property. cion dition in which they were at the time of their occupation by the Government of the United States of America. es el reasonable precautions will be taken by the Government of the United r the States of America to avoid damage to public facilities. reed (5) The Government of the United States of America accepts the sud principle that military members of the United States forces should wear civilian clothes when in Benghazi and Tripoli in an off-duty sticle ARTICLE IX ?sen ACCESS FACILITIES f the d by The Government of the United States of America may, at its own 310 expense, and in agreement with the Government of the United Kingdom of Libya, and without the right to claim compensation from that Government at any time, construct and maintain necessary roads and bridges, and improve and deepen harbors, channels, entrances and anchorages, affording access to the agreed areas. ) the ARTICLE X and Sud VACATING AGREED AREAS Teed When the Government of the United States of America permanently jent pacates an agreed area, permanent constructions thereon shall not With be removed and the Government of the United States of America ress shall not be entitled to any compensation for such constructions. riata Except as provided in the preceding sentence, all property constructed, el in installed, brought into or procured in Libya under or prior to the pply present Agreement by the Government of the United States of America ated shall remain its property and may be removed from Libya, free of nary any restrictions, or disposed of in Libya by the Government of the United States of America as agreed with the Government of the atas United Kingdom of Libya, at any time before the termination of the ding present Agreement or within a reasonable time thereafter. Any such bral property not so removed or so disposed of before the termination of the present Agreement or within a reasonable time thereafter will cease to be the property of the Government of the United States of ning America and the Government of the United Kingdom of Libya shall not be obligated to compensate the Government of the United States ARTICLE XI CONDITION OF AGREED AREAS UPON RELEASE The Government of the United States of America is not obligated to turn over the agreed areas to the Government of the United King- dom of Libya at the expiration of the present Agreement in the con- รูป es of hot for ited EIN ral blir oyd 2212 AMERICAN FOREIGN POLICY, 1950–1955 of me ment: I of Libya when any survey is to be made. outside the agreed areas, maintain and operate United States post offices in the agreed areas for domestic use between United States post offices in the agreed 1 Libya was admitted to membership in the United Nations, Dec. 14, 1955 ARTICLE XII Such agenc OTHER OBLIGATIONS the State The present Agreement is made in accordance with the principles Gove laid down in the Charter of the United Nations and nothing in the Agreement shall be construed to conflict with the obligations assumed by the United States of America under that Charter, which obligation the United Kingdom of Libya also accepts pending its admission to the United Nations. Further, the two Governments declare that nothing in the present Agreement conflicts with or prejudices or is (1) intended to conflict with or prejudice international obligation into assumed by either Government under any other existing internatione carry agreements, conventions or treaties, including, in the case of the (3) United Kingdom of Libya, the Covenant of the League of Arab shall States.? ARTICLE XIII forces MILITARY AND CIVILIAN PERSONNEL cards filed The Government of the United Kingdom of Libya authorizes the and Government of the United States of America to employ and supervise the military and civilian personnel as required in connection with opar (3) ations under the present Agreement. regist ARTICLE XIV beha SURVEYS such The Government of the United States of America may make | Liby engineering, topographic, hydrographic, coast and geodetic, and other be fu technical surveys (including aerial photographs) in any part of Libyal State and the waters adjacent thereto. The Government of the United States of America shall notify the Government of the United Kingdom and the Government of the United Kingdom of Libya may, desired, designate an official representative to be present when app survey is made outside the agreed areas. A sufficient number of copia men with title and triangulation and other control data of any survey shall be furnished to the Government of the United Kingdom of Libya. ARTICLE XV the i Post OFFICES The Government of the United States of America may areas and between such post offices and other United States post offices ager 2 Supra, pp. 1243–1249. mem State into alter if so Gove ment such bim him of Li (5 cond of the establist soon T NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2213 Such post offices shall be for the exclusive use of the authorities, agencies and offices of the Government of the United States of America the members of the United States forces and nationals of the United States of America holding an official position in Libya with the Government of the United States of America. iples ARTICLE XVI med IONS n to that IB per ENTRY AND DEPARTURE OF UNITED STATES FORCES (1) The Government of the United States of America may bring ion into Libya members of the United States forces in connection with o carrying out the purposes of the present Agreement. . the (2) The laws of the Government of the United Kingdom of Libya shall not apply to prevent admission or departure into or from Libya of members of the United States forces. Passport and visa require- ments shall not be applicable to military members of United States forces , but they shall be furnished with appropriate identification cards or tags and samples of such identification cards or tags shall be filed with the Government of the United Kingdom of Libya. Passport the and visa requirements shall be applicable to non-military members of VIe the United States forces. (3) The Government of the United Kingdom of Libya shall exempt members of the United States forces from any laws providing for the registration and control of aliens. The Government of the United States of America shall take every step open to it to ensure the correct behavior of all members of the United States forces and will provide such information as the Government of the United Kingdom of akel Libya may require about the civilian members, as may appropriately her be furnished, bearing in mind their status as members of the United (4) If the status of any member of the United States forces brought into Libya by the Government of the United States of America is so that he would no longer be entitled to such admission, the Government of the United States of America shall notify the Govern- ment of the United Kingdom of Libya and shall, unless the Govern- ment of the United Kingdom of Libya permits him to remain, remove him from Libya as soon as possible, and shall in the meantime prevent him from becoming a public responsibility of the United Kingdom (5) If the Government of the United Kingdom of Libya requests the removal of any member of the United States forces whose mis- conduct renders his presence in Libya undesirable, the Government of the United States of America shall remove him from Libya as States forces. ted 중 ​2 altered rav SO 3105 ch OD of Libya. sh , soon as possible. 8S ed ARTICLE XVII 2015 AGENCIES OF UNITED STATES FORCES The Government of the United States of America may establish Agencies in the agreed areas, including concessions such as sales 2214 AMERICAN FOREIGN POLICY, 1950–1955 exert United States armed services, including those who are nationals d' or ordinarily resident in Libya, in connection with operations under commissaries, military service exchanges, messes and social club (4 for the exclusive use of members of the United States forces and force nationals of the United States having comparable privileges; and such agencies shall be free of all licenses, fees, excise, sales or other tare or imposts. The merchandise or services sold or dispensed by sum Government agencies shall be free of all taxes, duties, imposts and inspection by the Government of the United Kingdom of Libra (1 Administrative measures shall be taken by United States military authorities to prevent the resale of goods which are sold under the cipli provisions of this Article to persons not entitled to buy goods at such Stat agencies, and generally to prevent abuse of the privileges granted follo under this Article. There shall be cooperation between such autho- ities and the appropriate authorities of the Government of the Unitel Kingdom of Libya to this end. ARTICLE XVIII HEALTH AND SANITATION The appropriate authorities of the two Governments will cooperate in making arrangements in the interest of sanitation and health Any measures in the interests of sanitation or health which are required to be taken in the agreed areas to meet acceptable inter and national standards will be the responsibility of the Government of dicti imm the United States of America. (2 the ARTICLE XIX exer Liby CLAIMS AND JURISDICTION IN CIVIL MATTERS Unit (1) The Government of the United States of America Unit pay just and reasonable compensation for valid claims of the Govern- imp ment of the United Kingdom of Libya for damage, loss or destruction cipli of its property caused by military members of the United States (2 forces who are in Libya under the terms of the present Agreement," in ti by civilian employees of the United States armed services, including bers those who are nationals of or ordinarily resident in Libya, in conne! tion with operations under the present Agreement. (2) The Government of the United States of America agrees Stat pay just and reasonable compensation for valid claims of person auth who are nationals of Libya, or inhabitants of that country, for damage the loss or destruction of property, or for injury or death, caused der military members of United States forces who are in Libya unde for i the terms of the present Agreement or by civilian employees of the (4 in t in th of the present Agreement. hen (3) All such claims will be processed and paid in accordance with the applicable provisions of United States law, and the courts Libya will not entertain any such claims against members of the United States forces. agrees to ProF Uni to Stat of Over wit! NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2215 Ganes crate are of witnesses at the trial and the seizure and, in proper cases, the club (4) In all other civil cases involving members of the United States ad forces the Libyan courts will have jurisdiction. such ARTICLE XX such and JURISDICTION—CRIMINAL MATTERS ibra . (1) The United States military authorities shall have the right to itary the exercise within the United Kingdom of Libya all criminal and dis- such ciplinary jurisdiction conferred on them by the laws of the United States of America over members of the United States forces in the nted chor following cases, namely: nited (a) Offenses solely against the property of the Government of the United States of America, or against the person or prop- erty of another member of the United States forces, (b) Offenses committed solely within the agreed areas, (c) Offenses solely against the security of the United States of America, including treason, sabotage, espionage or violation of any law relating to official secrets, or secrets relating to the national defense of the United States of America, alth . (d) Offenses arising out of any act or omission done in the performance of official duty, ater and in every such case where such criminal and disciplinary juris- td diction exists, the members of the United States forces shall be immune from the jurisdiction of the Libyan courts. (2) In other cases the Libyan courts shall exercise jurisdiction unless the Government of the United Kingdom of Libya waives its right to exercise jurisdiction. The Government of the United Kingdom of Libya will give sympathetic consideration to any request from the United States authorities for a waiver of its right in cases where the United States authorities consider such waiver to be of particular e importance, or where suitable punishment can be applied by dis- tion ciplinary action without recourse to a court. (3) The United States and Libyan authorities will assist each other in the arrest and handing over to the appropriate authority of mem- bers of the United States forces for trial in accordance with the above De provisions, and the Libyan authorities will immediately notify the United States authorities if they arrest any member of the United 2016 authorities request the release on remand of 'an arrested member of The Libyan authorities will, if the United States the United States forces, release him from their custody on the United | States authorities undertaking to present him to the Libyan courts for investigatory proceedings and trial when required. the (4) The United States and Libyan authorities will assist each other in the carrying out of all necessary investigations into offenses, and in the collection and production of evidence, including the attendance over of such objects may, however, be made subject to their return them within the time specified by the authority delivering them. ates sto States forces. 700. -611 • der ith 2216 AMERICAN FOREIGN POLICY, 1950–1955 autho are n to me of the United States forces may be serving shall have paramount 1 cases, the Libyan police with whom members (5) Whenever a member of the United States forces is prosecuted in a Libyan court he shall be entitled: (a) to be presumed innocent until proved guilty according to law in a trial in which he has had the guarantees necessary for his defense, (b) to a prompt and speedy public trial, (c) to be informed, in advance of trial, of the specific charge x Th charges made against him, honoi (d) to refuse to testify against himself, Gove e) to be confronted with the witnesses against him, (f) to be permitted full opportunity to examine all witnesses, mits (g) to have compulsory process for obtaining witnesses in his perm favor, if they are within the jurisdiction of the Libyan courts, drivi (h) to have legal representation of his own choice for his defers Amer or to have free or assisted legal representation under the what conditions prevailing for the time being in Libya, perm (i) to have his legal representatives present during all stages o proceedings against him, (j) to have, if he considers it necessary, the services of a com- petent interpreter, (k) to communicate with the United States authorities and to Mi have a representative of those authorities present at his and trial, and (1) to such other rights as are guaranteed under the constitution and laws of the United Kingdom of Libya to persons on trial in those courts. (6) The Libyan authorities will notify the United States authorities (1) of the result of any trial in a Libyan court of a member of the United States forces. 075 Witnesses who are alleged to have committed perjury or cop unde tempt of court in proceedings before the United States service beni locali bunals or authorities and who are not subject to the law administered by those tribunals and authorities will be turned over to the Libyan authorities. Provision will be made by the laws of Libya for the trial the and punishment of such offenders. avoi (8) The Government of the United States of America will have the right to police the agreed areas and to maintain order therein and Kin may arrest therein any alleged offenders and, when they are by the Libyan courts, will forthwith turn them over to the Libyan purs authorities for trial. the (9) Outside the agreed areas, members of the United States forces may be employed on police duties by arrangement with the appro priate Libyan authorities. The Libyan authorities shall be primarily pref responsible for the protection of cables carrying light, power or com munications to any of the agreed areas, whether such cables are the ene property of the Government of the Ủnited States of America of otherwise, but they may make arrangements with the United States authorities for the employment of members of the United States forces ( neces and Ame econ triable Stat Gov part and laid NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2217 SATT e or S 01 omi- Government of the United States of America and its contractors to edi authority with respect to the persons and property of persons who are nationals of or ordinarily resident in Libya. g to ARTICLE XXI DRIVING PERMITS The Government of the United Kingdom of Libya either shall honor, without driving test or fee, driving permits issued by the Government of the United States of America or a subdivision thereof to members of the United States forces; or issue its own driving per- .mits without test or fee to such persons who hold such United States his permits. Members of the United States forces who do not hold arts , driving permits issued by the Government of the United States of ex America or a subdivision thereof shall be required to comply with the whatever regulations Libya may establish with regard to driving permits. ARTICLE XXII PossESSION AND CARRIAGE OF ARMS I to Military members of the United States forces in Libya may possess hs and carry arms as required in the performance of official duties. tion ARTICLE XXIII -ria ] LOCAL PURCHASES AND EMPLOYMENT OF LOCAL LABOR ties ted (1) Members of the United States forces may purchase locally goods necessary for their own consumption and such services as they need under the same conditions as Libyan nationals. tri (2) The Government of the United States of America may purchase med locally goods required for the subsistence of the United States forces and it shall be the policy of the Government of the United States of America to purchase such goods locally if they are available and of the standard required by United States authorities. In order to the avoid any such purchases having an adverse effect on the Libyan nd economy, the appropriate authorities of the Government of the United ble Kingdom of Libya will indicate, when necessary, any articles the purchase of which should be restricted or forbidden. (3) The Government of the United Kingdom of Libya consents to the employment of Libyan civilians by the Government of the United States of America, or its contractors, and it shall be the policy of the ily and qualified to do the work involved. The conditions of employ- ment for Libyan nationals and persons normally resident in Libya, particularly in respect to wages, supplementary payments, insurance, and conditions for the protection of workers, shall be generally those 01- r18 ] 90 ves TO illa he OL nes CAS laid down by Libyan law. IS ni 2218 AMERICAN FOREIGN POLICY, 1950-1955 1 United States forces from the payment of any license fees impose the laws of the United Kingdom of Libya in respect of private motar (4) Upon the request of the appropriate authorities of the Govem ment of the United Kingdom of Libya, the United States militar authorities will withhold and pay over to the Government of the United Kingdom of Libya all income tax or other deductions from the wages of persons other than members of the United States forces em (1) ployed by the Government of the United States of America, who may ties o by Libyan law be subject to such tax or deductions in the same manne right and to the same extent as any other employer. ARTICLE XXIV Taxes, DUTIES, ETC. (1) The temporary presence in Libya of a member of the United States forces shall constitute neither residence nor domicile therein and shall not of itself subject him to taxation in Libya, either on his income or on his property the presence of which in Libya is due to his tem- porary presence there, nor, in the event of his death, shall it subject bis estate to a levy of death duties. Land and permanent structures there on located in Libya which are purchased by a member of the United States forces shall be subject to the laws of the United Kingdom of Libya as to taxation. (2) No national of the United States of America or corporation organized under the laws of the United States of America, resident i (2) the United States of America, shall be liable to pay the Government of Artic the United Kingdom of Libya any tax in respect of any income derived laws under a contract with the Government of the United States of America (3) in connection with operations under the present Agreement. The (1) provisions of this paragraph shall not, however, apply to any such national or corporation engaged in business in Libya otherwise then under such a contract with the Government of the United States all perso America. (3) No tax, duty or other charge of any nature shall be levied or assessed on material , equipment, supplies or goods brought into Libre of A or procured in Libya by United States authorities for the use of the of ar Government of the United States of America or its agents or for the the use of persons present in Libya only in connection with under the present Agreement. (4) Members of the United States forces may at the time of the forc first arrival in Libya or at the time of the first arrival of any of their dependents to join them, import into Libya free of customs duty their personal effects and household goods and their private moter vehicles for personal use. pria . (5) The provisions of this Article shall not exempt members of the side the agreed areas and any registration or license fee imposed under purp in ac impc Unit operations gOVE area meni into mer are sale а. cars. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2219 vern itari 1 and Ome lere no ARTICLE XXV f the CUSTOMS LAWS AND REGULATIONS in the 300 (1) The laws and regulations administered by the customs authori- merties of the Government of the United Kingdom of Libya, including the immer right to inspect and seize, shall have no application to: (a) Service and construction material, equipment, supplies, pro- visions and other goods, brought into Libya by the Govern- ment of the United States of America or its contractors in con- nection with operations under the present Agreement for the exclusive use of the United States forces. nited (b) Personal effects, household goods, including privately owned automobiles and furniture, and other goods brought into Libya by the authorities of the Government of the United tem States of America directly or through the customary civil this channels of Libya for the personal use of members of the United States forces at the time of their first arrival in Libya Lited or at the time of the first arrival of any of their dependents to join them. (c) Official documents under seal. tion (d) Mail sent to and from the United States post offices estab- lished pursuant to Article XV. (2) Property falling within the provisions of Paragraph (1) of this ired be exported from Libya, without regard to the customs rich laws and regulations of the United Kingdom of Libya. The (3) Property brought into Libya under the provisions of Paragraph (1) of this Article may not be disposed of in Libya except for the hal purposes of operations under the present Agreement, or, to any so person or corporation having the right to bring property into Libya In accordance with Paragraph (1) of this Article, or, under conditions lor imposed by the appropriate authorities of the Government of the United Kingdom of Libya. The Government of the United States of America may, however, dispose of such property to the government any nation entitled to make use of agreed areas in accordance with the provisions of the present Agreement or to the personnel of such government engaged in activities connected with such use of an agreed area . The United States military authorities will prescribe and en- force regulations designed to prevent the sale or supply to individual members of the United States forces of quantities of goods imported into Libya free of charge which would be in excess of personal require- ments of such personnel and which in consultation with the appro- priate authorities of the Government of the United Kingdom of Libya, are determined to be most likely to become items of gift, barter or at Article may be such the Ons Tel ell at 101 ed sale in the free market in Libya. der 0 2220 AMERICAN FOREIGN POLICY, 1950-1955 OCCU ma 11 recr services of the United States of America and accompanying civilian are not nationals of, nor ordinarily resident in Libya; and who are i ARTICLE XXVI thet Agre USE OF CURRENCY " (1) The United States authorities will take the necessary measures (incl tion in cooperation with the appropriate Libyan authorities to safeguard Libyan foreign exchange legislation or regulations. and (2) With respect to the acquisition of Libyan currency, the Unite cove States forces will have the authority to purchase local currency with United States dollars at the most favorable rate from authorized undo "] banking facilities and institutions, provided that Libyan currens now available or which may become available to the Government des p the United States of America may be used by the Government of the United States of America for such purposes as it desires. incli (3) The United States authorities may import, export, possess and forc use United States currency, the currency of any third state, and in Ame struments or scrip expressed in United States currency. und (4) The United States authorities may pay the United States forces Gov in instruments expressed in United States currency, or scrip denomi- aut) nated in units of United States currency, or in Libyan currency, ori with United States currency, provided that payment in United States cu- rency shall take place after consultation between the appropriste med authorities of the two Governments. The United States authorities belo will take appropriate measures to assure that the use of scrip denom ореї nated in units of United States currency is restricted to internal trans- Uni actions within installations and areas in use by the United States forces. ARTICLE XXVII COMPLIANCE The Government of the United States of America shall take the to necessary measures to prevent abuse of the privileges granted by the Government of the United Kingdom of Libya under the present the Agreement. the the ARTICLE XXVIII DEFINITIONS In the present Agreement the following expressions have the mear ings hereby respectively assigned to them: The two Governments" means the Government of the United Kingdom of Libya and the Government of the United States of reco America. "The Government of the United Kingdom of Libya” means federal Government of the United Kingdom of Libya. "United States forces” includes personnel belonging to the armes TL 19 cluding the dependents of such military and civilian personnel), Com the no of. reti tW NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2221 SUNA 'encr nt of the territory of Libya in connection with operations under the present Agreement. "Agreed areas” means those areas and their component parts (including land, buildings, structures, water, stone and other construc- tion materials, and things other than minerals, including petroleum, wand and archeological remains which are on, in, or over land and land covered by water) which the two Governments shall agree may be nited with occupied and used by the Government of the United States of America under the terms and conditions of the present Agreement. rized "Military purposes" means, within the agreed areas and elsewhere as provided in the present Agreement, the installation, construction, f the maintenance, use and operation of military equipment and facilities, including facilities for the training, accommodation, hospitalization, god recreation, education, and welfare of members of the United States di forces; and the operations of the Government of the United States of America and its contractors and of authorized service organizations under the present Agreement; and the storage of the property of the Government of the United States of America and its contractors and of authorized service organizations which are in Libya in connection with the operations under the present Agreement. "United States public vessel” and “United States public aircraft” ities mean yessels (including waterborne craft of all kinds) and aircraft belonging to the Government of the United States of America or operating under charter, contract or otherwise for the purposes of the United States armed services. DICA ODU Or 11 cur riate omi. ans cates ARTICLE XXIX the DISPUTES Matters relating to the interpretation of the present Agreement and to the settlement of disputes arising therefrom shall be examined in common by the appropriate authorities of the two Governments. In the event it is not possible for such authorities to reach agreement, the two Governments will consider the practicability of submitting the dispute to an independent third person or body. sent ARTICLE XXX 2011 ited 1 the RATIFICATION AND DURATION The present Agreement shall come into force upon the date of receipt by the Government of the United States of America of a notification from the Government of the United Kingdom of Libya of its ratification of the present Agreement and without having any retroactive effect shall replace the existing arrangements between the two Governments on the matters covered in the present Agreement. The present Agreement shall continue in force until December 24, 1970 and after that date shall continue in force until either of the two nel 181 1. zho - A Oct. 30, 1954. 2222 AMERICAN FOREIGN POLICY, 1950–1955 Government of the United Kingdom of Libya should prohibit are 1 Paragraph (1). In the event that the customs regulations of the Dec. Governments gives to the other notice of termination, in which event, refur the Agreement shall cease to be effective one year after the dated the receipt of such notice. IN WITNESS WHEREOF, the undersigned duly authorized representa dutie tives of the Government of the United States of America and the State Government of the United Kingdom of Libya have signed the present supp Agreement. Unit Done in duplicate at Benghazi in the English and Arabic language Artic both texts being equally authentic, the ninth day of September 1964 TI Gove MEMORANDUM OF UNDERSTANDING puls term With respect to the "Agreement between the Government of the of th United States of America and the Government of the United Kingdon that of Libya" signed at Benghazi on September 9, 1954, hereinsite take referred to as "the Agreement”, the Government of the Unital cords States of America and the Government of the United Kingdom da de Libya have reached the following understandings concerning certai purs provisions of the Agreement. Do both Article IV The two Governments agree that the facilities referred to in Artich IV of the Agreement will be constructed and maintained solely at the expense of the Government of the United States of America when such facilities are to be constructed for the sole use of the United States of America. Article VII The two Governments agree that nothing in Article VII of the 18. Agreement shall be construed to authorize the Government of the TE United States of America to purchase land in Libya. В! Article XIV The two Governments agree that copies of surveys will be furnished the Government of the United Kingdom of Libya without cost. To Nort D two Governments further agree that areas formally established by the Government of the United Kingdom of Libya as prohibitel mit areas will not be surveyed without the specific consent of the Gover H: ment of the United Kingdom of Libya. H Article XVIII terri The two Governments agree that the agreement of the Government of the United Kingdom of Libya to the text of Article XVIII of the Agreement does not of itself obligate that Government to the er penditure of funds in connection with the implementation thered. Den Article XXV TH muti IT 2 the c F 4 ment Cmd NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2223 t territory in accordance with the Schedule set forth in Part A of 1 TIAS 1598; 61 Stat., pt. 2, p. 1218. ? Libya became a party to the Statute of the International Court of Justice, reot. Dec. 14, 1955. the compulsory jurisdiction of the International Court of Justice. 4 British Treaty Series No. 67 (1955); Cmd. 9586. the ment, see Great Britain, Parliamentary Papers, State Papers, Egypt No. 1 (1955); even refund of customs duty already paid on goods acquired in Libya by ated the Government of the United States of America or by persons who are themselves exempt from the obligation to payment of customs sent duties on goods they import into Libya, the Government of the United d the States of America will not request such refunds on its own behalf or resen support such requests made by its contractors or by members of the United States forces in Libya. Taga Article XXIX 1961 The representatives of the two Governments understand that the Government of the United States of America has accepted the com- pulsory jurisdiction of the International Court of Justice under the terms set forth in a declaration deposited with the Secretary General of th of the United Nations on August 26, 1946. They also understand gdea that the Government of the United Kingdom of Libya may wish to nafte take steps to become a party to the Statute of the Court 2 in ac- Enited cordance with Article 93 of the United Nations Charter and to file mo a declaration accepting the compulsory jurisdiction of the Court 3 rtain pursuant to Article 36 of the Statute. Done in duplicate at Benghazi in the English and Arabic languages, both texts being equally authentic, the ninth day of September, 1954 . rticle 1 at the Operation of the Suez Canal Base f the th 18. AGREEMENT BETWEEN THE UNITED KINGDOM AND THE REPUBLIC OF EGYPT REGARDING THE SUEZ CANAL BASE, OCTOBER 19, 1954 4 shell The Government of the United Kingdom of Great Britain and The Northern Ireland and the Government of the Republic of Egypt, the Desiring to establish Anglo-Egyptian relations on a new basis of bited mutual understanding and firm friendship, Have agreed as follows:- Article 1 Her Majesty's Forces shall be completely withdrawn from Egyptian such tes of verns ment, the * As of the end of calendar year 1955 Libya had not filed a declaration accepting . . 2224 AMERICAN FOREIGN POLICY, 1950-1955 The Government of the Republic of Egypt shall afford over- flying, landing and servicing facilities for notified flights of aircraft aircraft, the Government of the Republic of Egypt shall accord Annex I 1 within a period of twenty months from the date of signatur treatz of the present Agreement. other Article 2 of Jo servic The Government of the United Kingdom declare that the Treaty dl Airfie Alliance signed in London on the 26th of August, 1936, with the Agreed Minute, Exchanged Notes, Convention concerning the in munities and privileges enjoyed by the British Forces in Egypt and Thi all other subsidiary agreements, is terminated. time Article 3 ically expre Parts of the present Suez Canal Base, which are listed in Appendi) the fr A to Annex II, shall be kept in efficient working order and capabled the 29 immediate use in accordance with the provisions of Article 4 of the present Agreement. To this end they shall be organised in accordance with the provisions of Annex II. (a) equip] Article 4 6) In the event of an armed attack by an outside Power on any country upon of the which at the date of signature of the present Agreement is a party do the Treaty of Joint Defence between Arab League States, signed's Cairo on the 13th of April, 1950,4 or on Turkey, Egypt shall afford The to the United Kingdom such facilities as may be necessary in order to place the base on a war footing and to operate it effectively. The as affe facilities shall include the use of Egyptian ports within the limits d the CI what is strictly indispensable for the above-mentioned purposes. Article 5 The consid In the event of the return of British Forces to the Suez Canal Base area in accordance with the provisions of Article 4, these forces shall withdraw immediately upon the cessation of the hostilities referred to in that Article. a) Article 6 In the event of a threat of an armed attack by an outside Power on tracti any country which at the date of signature of the present Agreements a party to the Treaty of Joint Defence between Arab League or on Turkey, there shall be immediate consultation between Egyptensio and the United Kingdom. Article 7 Seven (6) States ments © di sig sway The into f be ex 1 Not reprinted here. 2 British Treaty Series No. 6 (1937); Cmd. 5360. 3 "Initialed," rather than "signed." 4 Supra, pp. 1249-1253. 1 Br- INC NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2225 1 British and Foreign State Papers, vol. LXXIX, pp. 18-22. atur treatment no less favourable than that accorded to the aircraft of any other foreign country with the exception of States parties to the Treaty of Joint Defence between Arab League States. The landing and servicing facilities mentioned above shall be afforded at Egyptian ty Airfields in the Suez Canal Base area. that im Article 8 The two Contracting Governments recognise that the Suez Mari- time Canal, which is an integral part of Egypt, is a waterway econom- ically, commercially and strategically of international importance; and express the determination to uphold the Convention guaranteeing ends the freedom of navigation of the Canal signed at Constantinople on oled the 29th of October, 1888.1 f the Article 9 (a) The United Kingdom is accorded the right to move any British equipment into or out of the Base at its discretion. (6) There shall be no increase above the level of supplies as agreed untry upon in Part C of Annex II 2 without the consent of the Government ty to of the Republic of Egypt. Article 10 fford The present Agreement does not affect and shall not be interpreted They as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations. Lance då 10 er to ts of shal ed to nts Article 11 The Annexes and Appendices to the present Agreement? shall be Bag considered as an integral part of it. Article 12 (a) The present Agreement shall remain in force for the period of seven years from the date of its signature. (6) During the last twelve months of that period the two Con- I tracting Governments shall consult together to decide on such arrange- ments as may be necessary upon the termination of the Agreement. C) Unless both the Contracting Governments agree upon any ex- tension of the Agreement it shall terminate seven years after the date of signature and the Government of the United Kingdom shall take away or dispose of their property then remaining in the Base. Article 13 present Agreement shall have effect as though it had come jato force on the date of signature. Instruments of ratification shall be exchanged in Cairo as soon as possible. ates TIPI ver malt such The cord * Not reprinted here. 415900_-57---Vol. 2-37 2226 AMERICAN FOREIGN POLICY, 1950-1955 Suez Canal Base, Initialled at Cairo, July 21, 1954 (Cmd. 9230; London, HNS In witness whereof the undersigned, being duly authorised thereu C. have signed the present agreement and have affixed thereto their set Done at Cairo, this nineteenth day of October, 1954, in duplicet , in the English and Arabic languages, both texts being equal 20. authentic. 19. CONCLUSION OF THE ANGLO-EGYPTIAN SUEZ BAS Sta AGREEMENT: Statement by the Secretary of State, October 14s 1954 1 isti The signing of the final agreement between Egypt and the Unitel parc pro Kingdom on the Suez Base is an event of far-reaching importance in 194 an occasion for renewed congratulations to both countries. Sta This action, following the initialing of the agreement in principu bet last July, marks the successful resolution of a problem which i existed in some form for many years. Its solution has been faciliteter med pot by the development of a spirit of mutual confidence between the two countries which augurs well for their future relations. sha I believe that the removal of this deterrent to closer cooperatie the will open a new approach to peaceful relations between the Net of Eastern states and other nations of the free world. It is my hop S that this cooperation may now develop fully to the mutual advantar util of all concerned and will strengthen the stability and security of tt Egypt now assumes new and fuller responsibilities as the militar base in the Suez Canal Zone passes from British to Egyptian contre pro I am pleased to note that in accepting these responsibilities FAT has reiterated in the agreement its adherence to the principle freedom of transit through the Canal in conformity with the convention.3 1 Department of State Bulletin, Nov. 15, 1954, p. 734. 2 See Heads of Agreement: Anglo-Egyptian Defence Negotiations regarding 1954). 3 See article 8 of the Suez Base agreement, supra. ins area. 195 abl 759 and una SUC. ami not tior SUC pur Tre and the Loa rese Pu! by it 21 3 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2227 3 Act of Sept. 6, 1950; 64 Stat. 595-769. ce an ncipl Treasury is hereby authorized and directed to purchase such notes Brehl C. ECONOMIC AID AND DEVELOPMENT seals licate quali qual 20. AN ACT TO FURNISH EMERGENCY FOOD AID TO INDIA: Public Law 48 (82d Congress, 2d Session), June 15, 1951 1 AN ACT To furnish emergency food aid to India Be it enacted by the Senate and House of Representatives of the United BAC States of America in Congress assembled, That this Act may be cited er I as the "India Emergency Food Aid Act of 1951". Sec. 2. Notwithstanding any other provisions of law, the Admin- istrator for Economic Cooperation is authorized and directed to United provide emergency food relief assistance to India on credit terms as provided in section 111 (c) (2) of the Economic Cooperation Act of 1948 2 as amended, including payment by transfer to the United States (under such terms and in such quantities as may be agreed to ch between the Administrator and the Government of India) of materials itate required by the United States as a result of deficiencies, actual or potential, in its own resources. The Administrator is directed and instructed that in his negotiations with the Government of India he shall , so far as practicable and possible, obtain for the United States N2 the immediate and continuing transfer of substantial quantities -hop of such materials particularly those found to be strategic and critical. Sec. 3. For purposes of this Act the President is authorized to utilize not in excess of $190,000,000 during the period ending June 30, 1952, of which sum (1) not less than $100,000,000 shall be made avail- able immediately from funds heretofore appropriated by Public Law 759, Eighty-first Congress, for expenses necessary to carry out the EST provisions of the Economic Cooperation Act of 1948, as amended; and (2) $90,000,000 shall be available from any balance of such funds unallotted and unobligated as of June 30, 1951: Provided, That if such amount unallotted and unobligated is less than $90,000,000 an amount equal to the difference shall be obtained from the issuance of notes in such amount by the Administrator for the Economic Coopera- tion Administration, who is hereby authorized and directed to issue such notes from time to time during fiscal years 1951 and 1952 for purchase by the Secretary of the Treasury, and the Secretary of the and, in making such purchases to use, as a public debt transaction, the proceeds of any public debt issue pursuant to the Second Liberty Loan Act * as amended: And provided further, That $50,000,000 reserved by the Bureau of the Budget pursuant to section 1214 of Public Law 759 of the Eighty-first Congress from funds appropriated by that Act for expenses necessary to carry out the provisions of the ne ti ratio: antag ilitar entral ple di IN ling A AMS 165 Stat. 69. Act of Apr. 3, 1948; A Decade of American Foreign Policy, pp. 1299–1321. 2228 AMERICAN FOREIGN POLICY, 1950–1955 9S not act are cies and tion Act of 1948, as amended, may be used to carry out the purposes SEC. 7. (a) Any sums payable by the Government of India, under/ Economic Cooperation Act of 1948, as amended, shall not be available the for purposes of this section. Sta Sec. 4. (a) Funds made available for purposes of this Act shall be used only for the purchase of food grains or equivalents in the United States. spe (b) No procurement of any agricultural product within the United sta States for the purpose of this Act shall be made unless the Secretary exp of Agriculture shall find and certify that such procurement will not Sta impair the fulfillment of the vital needs of the United States. (c) The assistance provided under this Act shall be for the sole purpose of providing food grains, or equivalents, to meet the emer- for gency need arising from the extraordinary sequence of flood, drought , and other conditions existing in India in 1950. (d) The assistance provided under this Act shall be provided oth under the provisions of the Economic Cooperation Act of 1948, a Un amended, applicable to and consistent with the purposes of this Act in 1 SEC. 5. Notwithstanding the provisions of any other law, to the extent that the President, after consultation with appropriate Govera- ment officials and representatives of private shipping, finds and Gift proclaims that private shipping is not available on reasonable terms for and conditions for transportation of supplies made available under leb this Act, the Reconstruction Finance Corporation is authorized and in directed to make advances not to exceed in the aggregate $20,000,000 from to the Department of Commerce, in such manner, at such times , and in such amounts as the President shall determine, for activation and abc operation of vessels for such transportation, and these advances may aut be placed in any funds or accounts available for such purposes, and no interest shall be charged on advances made by the Treasury by Reconstruction Finance Corporation for these purposes: Provided That pursuant to agreements made between the Reconstruction Finance Corporation and the Department of Commerce, the Reconstruction Finance Corporation shall be repaid without interest not later than June 30, 1952, for such advances either from funds hereafter made available to the Department of Commerce for 21. the activation and operation of vessels or, notwithstanding the pro visions of any other Act, from receipts from vessel operations : Pro vided further, That pending such repayment receipts from vesel operations may be placed in such funds or accounts and used for activating and operating vessels. Sec. 6. Notwithstanding any other provisions of law, the Adminis 12, trator for Economic Cooperation is authorized to pay ocean freight in charges from United States ports to designated ports of entry in Indo of relief packages and supplies under the provisions of section 117 of of the Economic Cooperation Act of 1948, as amended, including the relief packages and supplies of the American Red Cross. Funds no or hereafter available during the period ending June 30, 1952, for furnishing assistance under the provisions of the Economic Coopers of this section to the VO1 cer 20 Mu COLE Pre and in 1 2 8 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2229 1 Department of State Bulletin, Apr. 12, 1954, p. 566. not mer ern- commodities produced in the United States. It further authorizes the President to enter into agreements with friendly countries for the sale able the interest terms agreed to between the Government of the United States and the Government of India, on or before January 1, 1957, shall as interest on the principal of any debt incurred under this Act, and the not to exceed a total of $5,000,000, shall, when paid, be placed in a special deposit account in the Treasury of the United States, notwith- ited standing any other provisions of law, to remain available until tary expended. This account shall be available to the Department of State for the following uses: (1) Studies, instruction, technical training, and other educational sole activities in the United States and in its Territories or possessions (A) for students, professors, other academic persons, and technicians who ght , are citizens of India, and (B) with the approval of appropriate agen- cies, institutions, or organizations in India, for students, professors, ided other academic persons, and technicians who are citizens of the E, as United States to participate in similar activities in India, including Act . in both cases travel expenses, tuition, subsistence and other allowances the and expenses incident to such activities; and (2) The selection, purchase, and shipment of (A) American scien- and tific, technical, and scholarly books and books of American literature for higher educational and research institutions of India, (B) American nde laboratory and technical equipment for higher education and research and in India, and (C) the interchange of similar materials and equipment from India for higher education and research in the United States. (b) Funds made available in accordance with the provisions stated above may be used to defray costs of administering the program may | authorized herein. the by the Division of Disbursement of the Treasury Department, upon (©) Disbursements from the special deposit account shall be made had vouchers duly certified by the Secretary of State or by authorized tion certifying officers of the Department of State. the Approved June 15, 1951. for PN- 21. EMERGENCY FOOD AID TO AFGHANISTAN: Statement by Pro- essel the Department of State, March 23, 1954 1 fo The Governments of the United States and Afghanistan on March 20 signed an agreement under which the United States will provide 12,000 tons of wheat or wheat flour to meet a threatened food shortage in Afghanistan. The aid will be sent under section 550 of the Mutuel Security Act of 1951, as amended, which authorizes the use of mutual security funds to finance the purchase of surplus agricultural erims and and and 2011 rom inis. ght adis the NOW far es arge OSOS in payment. nder * TIAS 2934; 5 UST 420. • Infra, pp. 3085-3086. 2230 AMERICAN FOREIGN POLICY, 1950–1955 1 program. acros Tears not ! have This agreement was entered into at the request of the Government Re of Afghanistan, which found that the food requirements of its people 195 could not be met during the coming months without outside assistance . The Afghan funds received in payment for the wheat or wheat flour will be used, as authorized by the mutual security legislation, for Fre helping in the economic development of Afghanistan. tumb The Foreign Operations Administration will administer the pause selves Th miles of the 22. HIGH ASWAN DAM PROJECT: Statement by the Department It of State, December 17, 1955 2 very Mr. Abdel Moneim El Kaissouni, Egyptian Minister of Finance Fr met yesterday with Acting Secretary of State Herbert Hoover, J. , British Ambassador Sir Roger Makins and World Bank President Eugene Black for final talks before his departure for Cairo. wind During their stay in Washington, Mr. Raissouni and his colleagues YE have been carrying on discussions with the management of the World Bank and representatives of the United States and United Kingdom held Governments concerning possible assistance in the execution of the High Aswan Dam project. Ar The United States and British Governments assured the Egyptian need Government through Mr. Kaissouni of their support in this project, histo which would be of inestimable importance in the development of the Egyptian economy and in the improvement of the welfare of the ultim Egyptian people. Such assistance would take the form of grants from the United States and the United Kingdom toward defraying W foreign exchange costs of the first stages of the work. This phase , sugg involving the Coffer Dam, foundations for the main dam, and auxiliary work will take from four to five years. Further, assurance has been given to Mr. Kaissouni that the Governments of the United States and the United Kingdom would, subject to legislative authority , be prepared to consider sympathetically in the light of then existing cut- cumstances further support toward financing the later stages Mr. Kaissouni plans to leave Washington for Egypt today, and it's M understood that he will report to his Government on his talks here Ihac Final understandings with the British and American Governments and the World Bank will await Mr. Kaissouni's consultation with the Egyptian Government. It On Jan. 8, 1953, the Department of State and the Export-Import Bank Washington announced an emergency loan of $1.5 million to Afghanistan for procurement of wheat and flour from the U.S.; Department of State Buleta . Jan. 19, 1953, p. 103. 2 Ibid., Dec. 26, 1955, pp. 1050-1051. come neve acqu man for I and and discu to little just incr urge the 11 was with of ar majc on & 750. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2231 1953 1 1 was appointed by the President in October 1953 as his personal representative Department of State Bulletin, Dec. 28, 1953, pp. 891-893. of an improvement in the general situation of that region, having in view as a on a regional basis. See ibid., Oct. 26, 1953, p. 553, and Nov. 30, 1953, pp. 749.- 750. Mr. Johnston's address was made over CBS radio. 23. JORDAN RIVER DEVELOPMENT: Address by the Personal nent uople Representative of the President (Eric Johnston), December 1, ince. fiour for From time immemorial, the Biblical waters of the Jordan have tumbled down the towering slopes of Mount Hermon in the Lebanon, the paused in the Sea of Galilee, and rolled swiftly south to waste them- selves in the salt depths of the Dead Sea. The Jordan is a short silt-laden stream, plunging for most of its 200 miles through earth's deepest valley, a thousand feet below the level ment of the sea. It is one of mankind's most beloved streams. It flows through the very heartlands of three great religions as consistently as it moves across the barren geography that confines its downward course. inice, Jr. From the banks of the Jordan, the ancient Israelites, wearied by dent years of wandering in the desert, first glimpsed the Promised Land. its turgid waters, Jesus Christ was baptized by John. Along its winding course, the Prophet Mohammed preached the word of Allah. gues orld Yes, the River Jordan has enriched history and song but, unhappily, dom not the arid lands through which it flows. These noble waters have the held spiritual significance for man down through the ages, but they have given him relatively little material benefit. tian And because the life-giving blessings of these waters are so sorely ject needed by the suffering peoples who today inhabit this hallowed and the historic region, the President of the United States, only this October, the commissioned me to go there bearing a proposal-a proposal intended ultimately to make the valley of the Jordan blossom and bloom as it never has before. ging When the President first asked me to undertake this mission, I lary suggested in my stead other Americans who, I felt, were better acquainted with the area and the situation there. But finally, with many misgivings, I followed the wishes of the President and set out for Syria, Jordan, Lebanon, and Israel. I got no farther than Paris when word was received of new incidents and charges which inflamed the tensions between Arabs and Israelis soon became the subject of United Nations Security Council My first reaction-and I must say I did not have a second one until Thad spoken with some of the leaders in the Near East-was that what the little chance the mission had of succeeding in the first place was now It was not long, however, before I realized that though such incidents increased the difficulties of the assignment they also made it more Mr. Johnston the ants ase. een ates cir- to and discussions. tis ere. nts just about gone. of urgent and necessary. the Billig 2232 AMERICAN FOREIGN POLICY, 1950–1955 an ex tweer Iti 1 I am happy to say that, in my capacity as personal representatire of the President of the United States, I was received with the warm quies must hospitality traditional to the region, and I was granted a courteous To and attentive hearing wherever I went. furth I would like to correct a general impression that developed at the very outset. I did not go to the Near East with a plan. What I had plans which in my brief case was a proposal. To This proposal was to urge the careful consideration of a concept, i concept which envisioned the coordinated development of the Jordan River watershed. I am pleased to report that, without exception, fed t the statesmen of the affected countries are now studying that proposel . Now it is true that I took with me charts and tables based on studies well- made by a distinguished American engineering firm working under the ment direction of the Tennessee Valley Authority at the behest of the United it , bu United Nations agency responsible for the Arab refugees from Pals lsrael Th tine. pleo The report also contained suggestions for the construction of dama affect and power stations without regard to national frontiers or political a clai boundaries. mattt But I did not ask or expect a "yes" or "no" answer from anyone No in connection with these suggestions. On the contrary, I did not state feel that any definite reply made before careful consideration had devel been given to the proposal would be in order. It These studies, which themselves drew on previous research, do i- lustrate what can be done and how many material benefits can think showered on war victim and pioneer alike through the modern utili- effect zation of the water resources of the Jordan basin. It Thanks to 20th century engineering practices and administrativo them coordination, it is estimated that nearly 240,000 acres of land now its idle and unproductive can be put into tħe richest kind of production , Most of this land, of little use or value to anyone now, would yield could three crops a year, so that by American standards we may figure that TH in effect the equivalent of some 720,000 acres would be put to fertile work giving sustenance to hungry people, work to the idling, and new wealth and revenue to the nations involved. Ot What is more, in the course of parallel development pron 65,000 additional kilowatts of power would be made available to furt the wheels of societies already on the move. The proposal holds out real promise to all parties concerned. 10 the Arab leaders of the area, it offers a way to meet their peoples growing demands for progress and a better life. Mass lethargy in the Arab world is fast disappearing before the surge of new aspirations. It is a world in transition, straining at the fetters of economic feudalism, seeking opportunities which our times offer. Arab leadership is conscious of this vast stirring of peoples long IN 1 The Unified Development of the Water Resources of the Jordan Valley Regina by Chas. T. Main, Inc. (Boston, 1953). done be ne take Syria their more than alone wate the TH mak even and cont who SC oftes VO Colo NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2233 ative Varm teons TOAD Jams not contested waters of the Jordan. Colorado River even when Arizonians and Californians have not. quiescent. It knows that social revolution has begun and that it must lead that revolution or be swallowed up by it. To Israel, on the other hand, the Jordan Valley development furthers the possibilities to forge ahead with ambitious and urgent to the [ had plans to wrest every possible benefit from the meager resources on which Israel must depend. To both the Arabs and Israelis it suggests a practical way of easing pt, & an explosive issue largely responsible for so much of the tension be- tween them, the alleviation of the plight of the Arab refugees who tion . fed their homes in Palestine. osa! I truly believe that the United Nations report will contribute to the idies r the well-being of all the peoples in the Near East. I hope the develop- nited ment will take the form this report recommends, or something like it , but in my conversations with the leaders of the Arab states and y the Israel I made it clear that modifications would be welcomed. ales The main thing right now, however, is general support of the princi- ple of development of the Jordan watershed in which each of the itical affected states would acknowledge a responsibility as well as advance a claim. The precise nature of the plan finally adopted is a secondary matter so long as it is equitable, economic, and efficient. yone Now one might ask, is it realistic to hope that nations still in a had state of war could be expected to participate in any coordinated development? 01. I think it is practical and realistic so long as the coordinating is na be done by some agent above reproach and beyond prejudice. I should think that the United Nations could be trusted to do a fair and ative It is not a prerequisite that any of the states involved commit themselves directly or indirectly to signing an agreement with any of its neighbors or of working with them. Each country could under- ield take unilateral commitments to the coordinating agency, which that serve as a clearing house and a catalytic agent. This, I might add, is part of the proposal I presented to Jordan, Syria , Lebanon, and Israel, and it is being given consideration by han Other questions which could readily be raised but which can be promptly answered are: “Why can't individual states go forward alone with independent irrigation and power projects involving the waters of the Jordan and its tributaries? Couldn't the benefits of oles ' the Jordan watershed be achieved piecemeal?” The sad facts and frightening possibilities that stare us in the face the make rhetorical questions out of such queries. In the first place, even if the Arabs and the Israelis were living in neighborly harmony and sweet bliss today, there would be sure to be a rumpus over the Squabbles over riparian rights and water use are as common, and often as violent, as romantic quarrels between suitors. In our own country, Kansans and Coloradans have tiffed over the utili- effective job. DOW tion. could Ttile new their leaders. turi TO the mes who is entitled to how much. ong 2011 men on t &CCE ( plar As things now stand, I do think that the chances for coordinated East a few weeks ago. I don't know whether one more journey wil settle everything, but if we continue to make progress there will be If, as I hope, the historic waters of the Jordan bring new and green will bless him that gives and him that takes. And they will also bless 2234 AMERICAN FOREIGN POLICY, 1950–1955 Being a Westerner myself, I am not unmindful of the disputes in the Snake River country. The quarrels over water rights extend from the Rio Grande to the us 8. Helmand in Afghanistan and Iran—and back again, and they er usually settled only when there is some impartial authority on the ground 24. It would not take much imagination to envision what would happe P in the way of sabotage and even bloodshed if the waters of the Jordan were to remain unregulated indefinitely. There is of course room for national water resource development A plans by the affected states in the Jordan basin. But to get maximum Seci benefit and equity while avoiding violence, these, it seems to me should be integrated within the framework of the general Jordan of t watershed development program. Gov Having spoken of the interests and the potential advantages of the for Arab states and Israel in the development of the Jordan basin , m C friends in the Middle East will, I know, understand if I now discus Ara for a moment the stake that the West has in such a program. of ti Of course, as religious people, Americans have something more than a passing interest in any dispute raging around the Holy Land, and cult . we have some economic and political interests in the area, too. Pro For one thing, the American Government is spending $150 million him a year in this area for general economic development, and in the last : years we have contributed $154 million in support of the Arab refuges alone. No one has to be on the inside in Washington these days to predict 1 that, much as we sympathize with unfortunate people, the United equ States is not going to keep on spending that kind of money indefinitel : prio Certainly, we have a right to expect progress and improvement by Surely, it is not out of order for us to urge undertakings which brigh enable people to help themselves, just as, I am sure, they want to do affit Americans do not want to see communism spread and we know that Joh human misery helps it do so. 2 We want to combat misery, and we are on the side of anyone who feels the same way and is willing to something about it. We are not the only freedom-loving people o div earth, and we should not have the monopoly of combating Communist 3 imperialism. So we do have material as well as spiritual interest in the valley al tine the Jordan. It is a continuing interest, and for that reason I do not Jora 4 consider my mission ended. The President has asked me to return to the lands of the Jordan as soon as their leaders have had the opp rear portunity to study our proposal. real reason optimism. life to suffering people, then I think they will be thrice blessed. IST acce suc! refu ares 5 1 2 Thes Jord This the first NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2235 1 Department of State Bulletin, July 26, 1954, p. 132. Jordan, Egypt, and Israel regarding the development of the Jordan River Valley. This visit followed the submission of comments by the Arab States and Israel on first visit in November 1953 (ibid., June 14, 1954, p. 913). in the men of good will everywhere who would dearly love to see misery on the run in the land that first gave life to the treasured credos of us all-Christian, Jew, and Muslim. to the Fare in the appel ordan 24. PRINCIPLES OF THE JORDAN RIVER DEVELOPMENT PLAN: Statement by the Personal Representative of the President, July 6, 1954 1 iment imum ) me ordan 1, mp 1 ISCUS then and > last uges Ambassador Eric Johnston has informed the President and the Secretary of State that Syria, Lebanon, Jordan, and Israel have accepted the principle of international sharing of the contested waters of the Jordan River and are prepared to cooperate with the U.S. Government in working out details of a mutually acceptable program for developing the irrigation and power potentials of the river system.? On his return from a 4-week visit to the area for discussion with Arab and Israeli representatives, Mr. Johnston said that the attitudes of the interested states clearly indicated a desire to evolve a workable plan for economic development of the Jordan Valley despite the diffi- cult political issues outstanding between Israel and the Arab countries. million Progress made during the negotiations just concluded has encouraged : him to believe that an early understanding on all aspects of such a plan is now a possibility. Mr. Johnston stated that the plan involved acceptance by the Arab countries and Israel of the following principles: redict ) 1. The limited waters of the Jordan River system should be shared Enited equitably by the four states in which they rise and flow. This nitelt : principle was implicit in the valley plans put forward respectively ment by the Arab states and Israel, both of which clearly recognized the w right of the other states to a share of the available waters. It was code affirmed by both sides during the recent conversations with Mr. that Johnston. 2. A neutral impartial authority should be created to supervise to do withdrawals of water from the river system in accordance with the de a division ultimately accepted by all parties. The precise nature of Lunis such an authority remains to be determined. 3. Amelioration of the condition of the Arab refugees from Pales- ey de tine should be a principal objective of the irrigation program for the 4. Broad lines of understanding as to the total program should be e op reached at the earliest possible time, not only in the interest of the refugees but in the interests of economic progress and stability in the 5. Storage of irrigation waters for the valley in Lake-Tiberias (Sea we are o 08 Jordan Valley etur nated area, NE 771 Il be re This bless 2236 AMERICAN FOREIGN POLICY, 1950–1955 fon $800,000,000 $3,047, 000, OH East, South Asia, and Africa During 1955," Part III, Department of State partment of State International Educational Exchange Service in this area. of Galilee) will be considered open-mindedly by all parties, when D. progress in developing the valley indicates the necessity of using the lake as a principal reservoir. R Mr. Johnston made it clear that while the foregoing principles form à solid basis for further negotiations, there remain a number of specific points on which differences must be reconciled before the valla Tri project can be realized. All of the states concerned have requested that the Government of the United States continue to exercise its good offices in reconciling these outstanding differences. 26. Ambassador Johnston's mission in the Near East began les S. October when the President asked him to lay before the Governmenik 19 of Syria, Jordan, Lebanon, and Israel a report on unified development of the Jordan Valley prepared by an American engineering firm ! T the request of the U.N. Relief and Works Agency for Palestine Stat Refugees. On his first visit to the area, the states concerned agreed mee to consider the suggestions contained in the UNRWA report and Arab countries later submitted a plan for the valley's development of tl and Israel also put forward a plan to Mr. Johnston. These thres plans formed the basis of the recent discussions. 1. Isra pose 25. TABULAR SUMMARY OF NET UNITED STATES GRANTS defe AND CREDITS TO THE NEAR EAST, SOUTH ASIA, AND area AFRICA, 1945-1955 1 coni tern Net Grants Net Credits Cou the Greece $1, 208, 000, 000 $81,000,000 $1, 289, 000, 080 2 Turkey 226, 000, 000 94, 000, 000 Iran. 147, 000, 000 54, 000, 000 Egypt 26, 000, 000 4,000,000 Israel 233, 000, 000 not 137, 000, 000 Jordan. 25, 000, 000 Liberia. 6,000,000 19,000,000 to Unspecified (Near East and 3 Africa) 189, 000, 000 -7,000,000 Afghanistan 3,000,000 26,000,000 India 116, 000, 000 228,000,000 mai Pakistan 142, 000, 000 15, 000, 000 Unspecified (South Asia) 19, 000, 000 Totals by Area: Near East and Africa. $1, 967, 000, 000 $532, 000, 000 $2, 499, 000, 000 South Asia. 280,000,000 268,000,000 Near East, South Asia and the Africa $2, 247, 000, 000 1 Harry N. Howard, “The Development of United States Policy in the piece by the United States Government, September quarter, 1955. coul Net Total rece 320, 000, CHE 201, 000, OH 30,000,00 to 370,000,000 25, 000, an 25, 000, 000 Sim dee 182,000,000 29,000,00 344,000,000 157,000,000 19,000,000 орр stat any line Uni 548, 000, OH 11 stat (sur 2 3 Auc NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2237 August 1949, pp. 20–21, 23-27, and 33–37. 2,000/ opposition to the use of force or threat of force between any of the the United Nations, to prevent such violation. statement of May 25, 1950 (ibid.) and the Secretary's address of May 31, 1950 Department of State Bulletin, June 5, 1950, p. 886. See also the President's when D. OPERATION OF THE ARAB-ISRAELI ARMISTICE REGIME form er of valley alle Tripartite Declaration Regarding the Armistice Borders ested se its 26. STATEMENT BY THE GOVERNMENTS OF THE UNITED lest STATES, THE UNITED KINGDOM, AND FRANCE, MAY 25, pents 1950 1 ment ma The Governments of the United Kingdom, France, and the United stion States, having had occasion during the recent Foreign Ministers zreel meeting in London to review certain questions affecting the peace Tus and stability of the Arab states and of Israel, and particularly that men of the supply of arms and war material to these states, have resolved three to make the following statements: 1. The three Governments recognize that the Arab states and Israel all need to maintain a certain level of armed forces for the pur- poses of assuring their internal security and their legitimate self- defense and to permit them to play their part in the defense of the area as a whole. All applications for arms or war material for these countries will be considered in the light of these principles. In this connection the three Governments wish to recall and reaffirm the terms of the statements made by their representatives on the Security Council on August 4, 1949, in which they declared their opposition to the development of an arms race between the Arab states and Israel. 2. The three Governments declare that assurances have been received from all the states in question, to which they permit arms to be supplied from their countries, that the purchasing state does 2.0 not intend to undertake any act of aggression against any other state. Similar assurances will be requested from any other state in the area to which they permit arms to be supplied in the future. 3. The three Governments take this opportunity of declaring their deep interest in and their desire to promote the establishment and maintenance of peace and stability in the area and their unalterable states in that area. The three Governments, should they find that any of these states was preparing to violate frontiers or armistice United Nations, immediately take action, both within and outside NTS AND tal D, ON 9, 00 0, 000 000 , 00 OW ON 7,000 OM ,00 OM 1 Near State De (supra, pp. 1432-1441). ares, edis See the tripartite communiqué of May 13, 1950; supra, pp. 1458–1459. See U.N. Security Council, oficial Records, 433rd "and 434th Meetings, 4 2238 AMERICAN FOREIGN POLICY, 1950-1955 27. REAFFIRMATION OF THE TRIPARTITE DECLARATION: Statement by the President, November 9, 1955 1 ence All Americans have been following with deep concern the latest 28. developments in the Near East. The recent outbreak of hostilities has led to a sharp increase in tensions. These events inevitablı retard our search for world peace. Insecurity in one region is bound to affect the world as a whole. II While we continue willing to consider requests for arms needed for legitimate self-defense, we do not intend to contribute to an arm goal competition in the Near East because we do not think such & met we would be in the true interest of any of the participants. The polis peop which we believed would best promote the interests and the security Nea of the peoples of the area was expressed in the Tripartite Declaration to t of May 25, 1950. This still remains our policy. for I stated last year that our goal in the Near East as elsewhere is in e just peace. Nothing has taken place since which invalidates our assu fundamental policies, policies based on friendship for all of the people of the area. We believe that true security must be based upon a just and reasonable settlement. The Secretary of State outlined on August 26th 4 the economic and security contributions which this country 29. was prepared to make toward such a solution. On that occasion 1 authorized Mr. Dulles to state that, given a solution of the other related problems, I would recommend that the United States join T formal treaty engagements to prevent or thwart any effort by either disa side to alter by force the boundaries between Israel and its Ars the neighbors. 'T Řecent developments have made it all the more imperative that a haw settlement be found. The United States will continue to play it as full part and will support firmly the United Nations, which has has already contributed so markedly to minimize violence in the area the I hope that other nations of the world will cooperate in this endeavor I har thereby contributing significantly to world peace. 0 1 Department of State Bulletin, Nov. 21, 1955, p. 845. This statement 78 issued from the temporary White House in Denver, Colo. 2 Supra. 3 See the President's address of Oct. 20, 1954; infra. 4 Supra, pp. 2176–2180. anc WOT tin the 1 was 2 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2239 | ran 2 Ibid., Oct. 10, 1955, p. 560. Arms Supply Policy ION: latert 28. PREVENTION OF LOCAL ARMS IMBALANCE: Address by ilities the President, October 20, 1954 (Excerpt) 1 itabli sound In the Near East, we are all regretfully aware that the major differ- ed in ences between Israel and the Arab States remain unresolved. Our arme goal there, as elsewhere, is a just peace. By friendship toward both, we shall continue to contribute to peaceful relations among these polis peoples. And in helping to strengthen the security of the entire curit Near East, we shall make sure that any arms we provide are devoted Patin to that purpose, not to creating local imbalances which could be used for intimidation of or aggression against any neighboring nations, e 188 In every such arrangement we make with any nation, there is ample $ ou assurance that this distortion of purpose cannot occur. antri 29. AVOIDANCE OF AN ARMS RACE: Statement by the Secretary of State and the British Foreign Secretary, September 27, 1955 2 other The United States Secretary of State and British Foreign Secretary aithe discussed together reports relating to their arms supply policies in They wish to state that the United States and British Governments that have for some time been in close consultation with each other as well as with other governments in relation to this matter and that there his has been, and continues to be, complete harmony of views between their two governments. Both governments base their policies on the desire, on the one hand, to enable the various countries to provide for internal security and for their defense, and on the other, to avoid an arms race which it we would inevitably increase the tensions in the area. They will con- tinue, and hope other governments will continue, to be guided by Department of State Bulletin, Nov. 8, 1954, p. 678. The President's address was delivered at the American Jewish Tercentenary Dinner in New York City. oples and ugust ion) in in Arab the Middle East. Jy its area. ayor TO these principles 2240 AMERICAN FOREIGN POLICY, 1950-1955 an wł 2 George V. Allen, Assistant Secretary of State for Near Eastern, South Asian 30. SHIPMENT OF SOVIET ARMS TO ARAB COUNTRIES Remarks by the Secretary of State at News Conference, October 4, 1955 (Excerpts) 1 Q. Mr. Secretary, can you give us any information you might han As about Mr. Allen's ? progress in talks with Nasser 3 in Cairo? of wł A. He has had a very good talk, indeed two rather full talks, fruth which I think he has gained an insight as to the Egyptian motives in as this matter, and I think that Colonel Nasser has gained an insight aret to our attitude toward the matter. There is better understanding in than there was before. I think in substance that is the result of his ро trip and that was the purpose of his trip. Q. Mr. Secretary, further in that connection, could you tell us whether our attitude toward the proposed contract arrangement has changed any since Mr. Allen completed his talks with Colonei Nasser? A. I had prepared a little statement which perhaps I will read to you, because I anticipated questions on this topic. At my press conference the last of August (August 30) * I was 31 asked about possible Soviet-bloc shipments of arms to Arab countries , I made two observations. The first was that the Arab countries were independent governments and free to do whatever they wished in the matter. My second observation was that, from the standpoint of U.S. relations with the Soviet Union, such delivery of arms would not contribute to relaxing tensions. Those two observations stand today. I might add this: NO It is difficult to be critical of countries which, feeling themselves Ag endangered, seek the arms which they sincerely believe they need for th defense. On the other hand, I doubt very much that, under the col- th ditions which prevail in the area, it is possible for any country to get security through an arms race. Also it is not easy or pleasant to Ag speculate on the probable motives of the Soviet-bloc leaders . In my talk about this matter of August 26," I spoke of the fear which dominated the area and said that I felt that it could be dis sipated only by collective measures designed to deter aggression by of anyone. I proposed a security guaranty sponsored by the United Nations. That, I said, would relieve the acute fears which both sides now profess. It is still my hope that such a solution may be found. Q. Mr. Secretary, if I may ask one other question, there have been reports that the United States might provide arms to Israel to balas 1 Department of State Bulletin, Oct. 17, 1955, p. 604. 1 CO sta re > (8 Tu ma 91 As & the Pr and African Affairs. 3 Gamel Abdel Nasser, Prime Minister of Egypt. 4 Department of State Bulletin, Sept. 12, 1955, p. 421. 5 Supra, pp. 2176-2180. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2241 • Ibid., S/INF/6, Mar. 4, 1952, p. 10. Tes 11 TAS tries . were the at of could Ibid., S/INF/3, Feb. 1, 1950, pp. 14-15. 5 Ibid., S/INF/4, Feb. 1, 1951, pp. 14–16. RIES: any arms shipments from the Soviet bloc to Egypt. Can you tell us ctober whether this is a likely prospect or not? A. No, I could not say whether it would be a likely prospect or not. thay As I say, in the first place we do not know what amount or character of arms may be involved in the Egyptian-Soviet bloc deal and to what extent, if any, it may seriously upset the balance of power in from the area. It has in the main been the policy of the United States, as was set out in the joint statement which the British Foreign Sec- ght as retary and I issued in New York last week, to avoid participating nding in what might become an arms race, and we still hope it will be of this possible to avoid getting into that situation. Bether any Jurisdictional Disputes and Border Incidents 31. AUTHORITY OF THE UNITED NATIONS TRUCE SUPER- VISION ORGANIZATION AND OF THE SYRIAN-ISRAELI MIXED ARMISTICE COMMISSION: United Nations Security Council Resolution, May 18, 1951 2 The Security Council Recalling its past resolutions of 15 July 1948,3 11 August 1949,4 17 November 1950 6 and 8 May 1951 6 relating to the General Armistice elves Agreements between Israel and the neighbouring Arab States? and to I for the provisions contained therein concerning methods for maintaining the armistice and resolving disputes through the mixed armistice commissions participated in by the parties to the General Armistice Noting the complaints of Syria and Israel to the Security Council, fear statements in the Council of the representatives of Syria and Israel, the br reports to the Secretary-General of the United Nations by the Chief of Staff and the Acting Chief of Staff of the United Nations Truce ides 2.U.N. document S/INF/6, Mar. 4, 1952, pp. 10–13. The draft resolution (S/2151/Rev. 1) was introduced by the United States and cosponsored by France, Turkey, and the United Kingdom. For Ambassador Warren R. Austin's state- ment on May 16, 1951, see Department of State Bulletin, June 4, 1951, pp. 914- 916. For background information see Report of the Security Council to the General Assembly Covering the Period from 16 July 1950 to 15 July 1951 (A/1873), pp. 61–67, and United States Participation in the United Nations: Report by the President to the Congress for the Year 1951 (Department of State publication 4583; 1952), pp. 114-116. SU. N. doc. S/INF/2, July 18, 1949, pp. 50–51. COD- t to Agreements, dis- ited Supra. Been tinct sian 3 4 7 Supra, pp. 698-724. 415900-57-Vol. 2-38 2242 AMERICAN FOREIGN POLICY, 1950–1955 1 + 1 up th m obligations under article V and calls upon the parties to be represented “The question of civil administration in villages and settlements Such civil administration, including policing, will be on a local basis, without raising general questions of Supervision Organization for Palestine, and statements before the Council by the Chief of Staff of the United Nations Truce Supervision Organization for Palestine, Noting that the Chief of Staff of the Truce Supervision Organiza- tion in a memorandum of 7 March 1951, and the Chairman of the Syrian-Israel Mixed Armistice Commission on a number of occasions have requested the Israel delegation to the Mixed Armistice Com- mission to ensure that the Palestine Land Development Company, Limited, is instructed to cease all operations in the demilitarized Zone until such time as an agreement is arranged through the Chairman di the Mixed Armistice Commission for continuing this project, Noting further that article V of the General Armistice Agreement between Israel and Syria 1 gives to the Chairman the responsibility for the general supervision of the demilitarized zone, Endorses the requests of the Chief of Staff and the Chairman of the Mixed Armistice Commission on this matter and calls upon the Gor- ernment of Israel to comply with them; Declares that in order to promote the return of permanent peace in Palestine, it is essential that the Governments of Israel and Syria observe faithfully the General Armistice Agreement of 20 July 1949; Notes that under article VII, paragraph 8, of the Armistice Agree- ment, where interpretation of the meaning of a particular provision of the agreement, other than the preamble and articles I and II, is at issue, the Mixed Armistice Commission's interpretation shall preval; Calls upon the Governments of Israel and Syria to bring before the Mixed Armistice Commission or its Chairman, whichever has the pertinent responsibility under the Armistice Agreement, their com- plaints and to abide by the decisions resulting therefrom; Considers that it is inconsistent with the objectives and intent of the Armistice Agreement to refuse to participate in meetings of the Mixed Armistice Commission or to fail to respect requests of the Chairman of the Mixed Armistice Commission as they relate to his at all meetings called by the Chairman of the Commission and to respect such requests; Calls upon the parties to give effect to the following excerpt cited the Chief of Staff of the Truce Supervision Organization at the 542nd meeting of the Security Council on 25 April 1951, as the summary record of the Syria-Israel Armistice Conference of 3 Jus 1949, which was agreed to by the parties as an authoritative commer on article V of the General Armistice Agreement between Israel and Syria: in the demilitarized zone is provided for, within the framework of an Armistice Agreement, in sub-paragraphs 5, (h) and of the draft article. CO ri te th d being from 0 Ic fo r administration, jurisdiction, citizenship and sovereignty. N 1 Supra, pp. 719–724. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2243 ISION niza: the cons Tom- any, zone nility e in Mixed Armistice Commission for this purpose; Reminds the parties of their obligations under the Charter of the : the "Where Israel civilians return to or remain in an Israel village or settlement, the civil administration and policing of the village or settlement will be by Israelis. Similarly, where Arab civilians return to or remain in an Arab village, a local Arab administration and police unit will be authorized. “As civilian life is gradually restored, administration will take shape on a local basis under the general supervision of the Chairman of the Mixed Armistice Commission. "The Chairman of the Mixed Armistice Commission, in consulta- in of tion and co-operation with the local communities will be in a position to authorize all necessary arrangements for the restoration and nent protection of civilian life. He will not assume responsibility for direct administration of the zone." the Recalls to the Governments of Syria and Israel their obligations joy. under Article 2, paragraph 4 of the Charter of the United Nations and their commitments under the Armistice Agreement not to resort to military force and finds that: yra 949; (a) Aerial action taken by the forces of the Government of Israel on 5 April 1951 and TEC- n of (b) Any aggressive military action by either of the parties in or around the demilitarized zone, which further investigation by the rail Chief of Staff of the Truce Supervision Organization into the reports the and complaints recently submitted to the Council may establish, the constitutes a violation of the cease-fire provision provided in the Secu- rity Council resolution of 15 July 1948 and are inconsistent with the tal terms of the Armistice Agreement and the obligations assumed under the the Noting the complaint with regard to the evacuation of Arab resi- dents from the demilitarized zone; ted (a) Decides that Arab civilians who have been removed from the demilitarized zone by the Government of Israel should be permitted to return forthwith to their homes and that the Mixed Armistice Commission should supervise their return and rehabilitation in a manner to be determined by the Commission; and (b) Holds that no action involving the transfer of persons across uls international frontiers, armistice lines or within the demilitarized zone should be undertaken without prior decision of the Chairman of the Mixed Armistice Commission. Noting with concern the refusal on a number of occasions to permit observers and officials of the Truce Supervision Organization to enter ork localities and areas which were subjects of complaints in order to per- 0 Dorm their legitimate functions, considers that the parties should permit such eutry at all times whenever this is required, to enable the Truce Supervision Organization to fulfil its functions, and should render every facility which may be requested by the Chairman of the S at om- the Charter; his to ted the om ent end ats 18 2244 AMERICAN FOREIGN POLICY, 1950–1955 1 United Nations to settle their international disputes by peaceful to means in such manner that international peace and security are not qu endangered, and expresses its concern at the failure of the Gover ments of Israel and Syria to acbieve progress pursuant to their commit pro ments under the Armistice Agreement to promote the return to perme- to nent peace in Palestine; Directs the Chief of Staff of the Truce Supervision Organization to fac take the necessary steps to give effect to this resolution for the purpose of restoring peace in the area, and authorizes him to take such measures to restore peace in the area and to make such representations to the 33 Governments of Israel and Syria as he may deem necessary; Calls upon the Chief of Staff of the Truce Supervision Organization to report to the Security Council on compliance given to the present resolution; Requests the Secretary-General to furnish such additional personnel and assistance as the Chief of Staff of the Truce Supervision Organiza- Su tion may request in carrying out the present resolution and the Coun- ho cil's resolutions of 8 May 1951 and 17 November 1950. t COI tai ur 32. RESPECT FOR THE MANDATE OF THE UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE: United Na. tions General Assembly Resolution 512 (VI), January 26, 1952' tiy Go tio int 1 C01 the tar E Su dei The General Assembly, Recalling all the resolutions adopted at previous sessions of the General Assembly on the Palestine problem, Having examined the progress report of the United Nations Con- ciliation Commission for Palestine, 2 1. Expresses its appreciation to the Conciliation Commission for Palestine for its efforts to assist the parties to reach agreement on their outstanding differences; 2. Notes with regret that, as stated in paragraph 87 of the report , the Commission has been unable to fulfil its mandate under the resolutions of the General Assembly; 3. Considers that the governments concerned have the primary responsibility for reaching a settlement of their outstanding differences in conformity with the resolutions of the General Assembly on Palestine; 4. Urges the governments concerned to seek agreement with a vier to an early settlement of their outstanding differences in conformity with the resolutions of the General Assembly on Palestine; and for this purpose to make full use of United Nations facilities; 5. Considers that the Conciliation Commission for Palestine should continue its efforts to secure the implementation of the resolutions of the General Assembly on Palestine and accordingly should be available 1 U.N. General Assembly, Oficial Records, Sixth Session, Supplement No. (A/2119), pp. 11–12. 2 U.N. doc. A/1985. th am sto ch in 57 on See 29 N tid : NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2245 NDIQ ures the 1 1 2 character of the zone, and authorized him to explore conciliation possibilities. see Department of State Bulletin, Jan. 11, 1954, pp. 58–59, and Feb. 22, 1954, pp, Nations: Report by the President to the Congress for the Year 1958 (Department of Assembly Covering the Period from 16 July 1953 to 15 July 1954 (A/2712), pp. 15–29. ceful to the parties to assist them in reaching agreement on outstanding not questions; em- 6. Requests the Conciliation Commission for Palestine to render mit- progress reports periodically to the Secretary-General for transmission to the Members of the United Nations; 7. Requests the Secretary-General to provide the necessary staff and in to facilities for carrying out the terms of the present resolution. pose 33. ISRAELI-SYRIAN WATER DIVERSION DISPUTE: United Nations Security Council Resolution, October 27, 1953 tion sent The Security Council, anel Having taken note of the report of the Chief of Staff of the Truce 1124- Supervision Organization dated 23 October 1953 (S/3122), Desirous of facilitating the consideration of the question, without Jun- however prejudicing the rights, claims or position of the parties concerned, Deems it desirable to that end that the works started in the Demili- tarized Zone on 2 September 1953 should be suspended during the ONS urgent examination of the question by the Security Council, Na Notes with satisfaction the statement made by the Israel representa- tive at the 631st meeting regarding the undertaking given by his Government to suspend the works in question during that examina- tion, the Requests the Chief of Staff of the Truce Supervision Organization to inform it regarding the fulfilment of that undertaking. * 1 U.N. doc. S/3128, Oct. 27, 1953. The resolution was adopted following a fo: complaint by Syria concerning Israeli activity on a hydroelectric project involving neir the diversion of the Jordan River at Banat Yaacov in the Syrian-İsraeli demili- the The report stated, among other things, that the Chief of Staff of the Truce Supervision Organization had informed Israel on Sept. 23, that the work in the demilitarized zone should cease "so long as an agreement is not arranged." • U.N. Security Council, Official Records, 631st Meeting, Oct. 27, 1953, p. 5. IT * The Security Council continued to consider this question. In December 1953, the United States, the United Kingdom, and France sponsored a resolution which, among other things, supported the Chief of Staff in his decision with regard to stopping the diversion project, called upon him to maintain the demilitarized not the decision of the Chief of Staff was the basis for permitting any undertaking ity in the demilitarized zone, and vetoed the resolution on Jan. 22, 1984. It was its 57th veto. For statemerts by the U.S. Representatives in the Security Council on Dec. 16 and 21, 1953, and Jan. 21, 1954, in connection with the draft resolution, old of ble tion 5769; 1955), pp. 73-74; and Report of the Security Council to the General 1 on- tarized zone. JUS cas on ET his 20 2246 AMERICAN FOREIGN POLICY, 1950–1955 34. THE QIBYA (ISRAEL-JORDAN) INCIDENT: United Nations Security Council Resolution, November 24, 1953 1 to 0 The Security Council, Recalling its previous resolutions on the Palestine question partie- ularly those of 15 July 1948,2 11 August 1949,3 and 18 May 1951 concerning methods for maintaining the armistice and resolving disputes through the Mixed Armistice Commissions, Noting the reports of 27 October 1953 and 9 November 1953 to the Security Council by the Chief of Staff of the United Nations Truce Supervision Organization and the statements to the Security Council by the representatives of Jordan and Israel, th ar of PO tc re a1 re A al of G 3! Finds that the retaliatory action at Qibya taken by armed forces of Israel on 14-15 October 1953 and all such actions constitute a violation of the ceasefire provisions of the Security Council resolution of 15 July 1948 and are inconsistent with the parties' obligations under the General Armistice Agreements and the Charter; Expresses the strongest censure of that action, which can only prejudice the chances of that peaceful settlement which both parties, in accordance with the Charter, are bound to seek, and calls upon Israel to take effective measures to prevent all such actions in the future; T N B V 8 0 Takes note of the fact that there is substantial evidence of crossing of the demarcation line by unauthorized persons, often resulting in acts of violence, and requests the Government of Jordan to continue and strengthen the measures which it is already taking to prevent such crossings; Recalls to the Governments of Israel and Jordan their obligations under Security Council resolutions and the General Armistice Agree- ment to prevent all acts of violence on either side of the demarcation line: Calls upon the Governments of Israel and Jordan to ensure the effective co-operation of local security forces; az S a C a ti t d F F Reaffirms that it is essential, in order to achieve progress by peace ful means towards a lasting settlement of the issues outstanding between them, that the parties abide by their obligations under the General Armistice Agreement and the resolutions of the Security Council; N b 1 U.N. doc. S/INF/8, Nov. 24, 1953, pp. 8–9. • S/INF/2, July 18, 1949. pp. 50–51. 3 S/INF/3, Feb. 1, 1950, pp. 14-15. 4 See supra, doc. 31. 5 Agreement of Apr. 3, 1949; supra, pp. 712–718. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2247 1 only Participation in the United Nations: Report by the President to the Congress for the Covering the Period from 16 July 1954 to 15 July 1955 (A/2935), pp. 8-10. 4S/INF/3, Feb. 1, 1950, pp. 14–15. 5 S/INF/4, Feb. 1, 1951, pp. 14–16. tions Emphasizes the obligation of the Governments of Israel and Jordan to co-operate fully with the Chief of Staff of the Truce Supervision Organization; Requests the Secretary-General to consider, with the Chief of Staff, irtie- the best ways of strengthening the Truce Supervision Organization 9514 and to furnish such additional personnel and assistance as the Chief ving of Staff of the Truce Supervision Organization may require for the performance of his duties; i the Requests the Chief of Staff of the Truce Supervision Organization ruce to report within three months to the Security Council with such indi recommendations as he may consider appropriate on compliance with and enforcement of the General Armistice Agreements, with particular reference to the provisions of this resolution and taking into account any agreement reached in pursuance of the request by the Government 25 of of Israel for the convocation of a conference under article XII of the tion General Armistice Agreement between Israel and Jordan. July the 35. ISRAELI ATTACKS IN THE GAZA STRIP: United Nations Security Council Resolution, March 29, 19552 ties , POD the The Security Council, Recalling its resolutions of 15 July 1948,8 11 August 1949, 17 November 1950,5 18 May 1951 6 and 25 (24) November 1953; 7 Having heard the report of the Chief of Staff of the Truce Super- sing vision Organization and statements by the Representatives of Egypt g in and Israel; Noting that the Egyptian-Israeli Mixed Armistice Commission on 6 March 1955 determined that a "prearranged and planned attack ordered by Israeli authorities” was "committed by Israeli regular army forces against the Egyptian regular army force" in the Gaza Strip on February 28th, 1955; 1 The Department of State issued a statement on Oct. 18, 1953, expressing its "deepest sympathy for the families of those who lost their lives in the Qibya attack as well as the conviction that those responsible "should be brought to account and that effective measures should be taken to prevent such incidents in the future” (Department of State Bulletin, Oct. 26, 1953, p. 552). See also the tripartite communiqué of Oct. 18, 1953; supra, pp. 1467-1468. For background ce- discussion see Report of the Security Council to the General Assembly Covering the period from 16 July 1953 to 15 July 1954 (A/2712), pp. 6-15, and United States IDE che Year 1958 (Department of State publication 5459; 1954), pp. 75-77 * U.N. doc. S/3378, Mar. 28, 1955; See also Ambassador Lodge's statements of Mar. 29, 1955; Department of State Bulletin, Apr. 18, 1955, pp. 659–661. For background discussion, see Report of the Security Council to the General Assembly : U.N. doc. S/INF/2, July 18, 1949, pp. 50-51. 4 nue rent ODS -100 the ity • Supra, doc. 31. ? Supra. 2248 AMERICAN FOREIGN POLICY, 1950–1955 31 Condemns this attack as a violation of the cease-fire provisions of the Security Council resolution of 15 July 1948 and as inconsistent with the obligations of the parties under the General Armistice Agreement between Egypt and Israel and under the Charter; Calls again upon Israel to take all necessary measures to prevent such actions; Expresses its conviction that the maintenance of the General Armistice Agreement is threatened by any deliberate violation of that Agreement by one of the parties to it, and that no progress towards the return of permanent peace in Palestine can be made unless the parties comply strictly with their obligations under the General Armistice Agreement and the cease-fire provisions of its resolution of July 15 , 1948. in C de ar T) 01 W ar PC 36. ISRAELI-EGYPTIAN OBLIGATIONS TO COOPERATE WITH THE UNITED NATIONS TRUCE SUPERVISION ORGANIZA TION: United Nations Security Council Resolution, March 30, 1955 2 m E B В it pi ti of C1 an ti 4 The Security Council, Taking note of those sections of the report by the Chief of Staff of the TSỞ 3 which deal with the general conditions on the Armistice Demarcation Line between Egypt and Israel, and the causes of the present tension; Anxious that all possible steps shall be taken to preserve security in this area, within the framework of the General Armistice Agreement between Egypt and Israel; Requests the Chief of Staff to continue his consultations with the Governments of Egypt and Israel with a view to the introduction of practical measures to that end; Notes that the Chief of Staff has already made certain concrete proposals to this effect; Calls upon the Governments of Egypt and Israel to co-operate with the Chief of Staff with regard to his proposals, bearing in mind that in the opinion of the Chief of Staff, infiltration can be reduced to an occasional nuisance if an agreement were effected between the parties on the lines he has proposed; Requests the Chief of Staff to keep the Council informed of the progress of his discussions. 38 V Bu say 1 Agreement of Feb. 24, 1949; supra, pp. 698-707. 2 U.N. doc. S/3379, Mar. 28, 1955. The resolution was submitted by the United States, the United Kingdom, and France, and was adopted unanimously, For statement by Ambassador Lodge on Mar. 30, 1955, see Department of State Security Council to the General Assembly Covering the Period from 16 July 1964 19 15 July 1955 (A/2935), pp. 10–13. 3 Truce Supervision Organization. U.N. doc. S/3373. 4 Agreement of Feb, 24, 1949; supra, pp. 698-707. be 1 F NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2249 neral that Covering the Period from 16 July 1954 to 15 July 1955 (A/2935), pp. 14-15. f the 37. CALL FOR THE IMPLEMENTATION OF THE SECURITY with COUNCIL RESOLUTION OF MARCH 30, 1955: Letter From ment the President of the Security Council to Each Member, June 7, 1955 1 vent EXCELLENCY: As President of the Security Council this month it is incumbent upon me to bring to the attention of the members of the Council my concern over the situation created by the continued inci- the dents along the Gaza Demarcation Line and the difficulties which rties are being encountered by the Chief of Staff of the United Nations stice Truce Supervision Organization [Maj. Gen. E. L. M. Burns) in carrying 15 , out the Council's unanimous resolution of March 30, 1955. You will recall that this resolution called upon the Governments of Egypt and Israel to cooperate with the Chief of Staff with regard to his pro- posals directed toward preservation of security in that area. ITH It is to be hoped that the Security Council resolution will be imple- ZA mented promptly with the full cooperation of the Governments of 30, Egypt and Israel. If this hope is not realized, however, and General Burns does not receive the full cooperation of the parties concerned, may be necessary to call a meeting of the Council for the specific purpose of considering the status of the implementation of the resolu- f of tion of March 30 and such further assistance and support to the Chief tice of Staff as may be necessary. the This letter is being addressed to each member of the Security Coun- cil . Copies are being sent to the representatives of Egypt and Israel and the Secretary-General. Accept, Excellency, the renewed assurances of my highest considera- the of 38. RENEWED APPEAL FOR ISRAELI-EGYPTIAN COOPERA- ete TION WITH THE TRUCE SUPERVISION ORGANIZATION: United Nations Security Council Resolution, September 8, 19553 ith lat The Security Council, Recalling its resolution of 30 March 1955, 4 Having received the report of the Chief of Staff of the Truce Super- 1 U.N. doc. S/3406, June 7, 1955. Bulletin, June 20, 1955, pp. 1016-1017. The letter was sent by Ambassador Text is also found in Department of State Henry Cabot Lodge in his capacity as President of the Security Council for the Security Council on Apr. 19 on this matter, see ibid., May 23, 1955, pp. 860–861. Cor background discussion see Report of the Security Council to the Generai Assembly y in ent tion, an cies vision Organization, the the sly. ate the to 2 Supra. 3 U.N. doc. S/3432, Sept. 7, 1955. This resolution was unanimously adopted by the Security Council Sept: 8, 1955; Department of State Bulletin, Sept. 19, 1955 , p. 459. See also Ambassador Lodge's statement of Sept. 8, 1955; ibid., pp. 458-459. * Supra, doc. 36. * U.N. dọc. S/3430. 2250 AMERICAN FOREIGN POLICY, 1950–1955 1 and Noting with grave concern the discontinuance of the talks initiated Stat by the Chief of Staff in accordance with the above-mentioned resolu- hay tion, A Deploring the recent outbreak of violence in the area along the Egy Armistice Demarcation Line established between Egypt and Israel with on 24 February 1949, 1. Notes with approval the acceptance by both parties of the ap- peal of the Chief of Staff for an unconditional cease-fire; 2. Calls upon both parties forthwith to take all steps necessary to bring about order and tranquility in the area, and in particular to desist from further acts of violence and to continue the cease-fire in full force and effect; 3. Endorses the view of the Chief of Staff that the armed forces of both parties should be clearly and effectively separated by measures 40. such as those which he has proposed; T 4. Declares that freedom of movement must be afforded to United S Nations Observers in the area to enable them to fulfill their functions; 5. Calls upon both parties to appoint representatives to meet with The the Chief of Staff and to co-operate fully with him to these ends, and 1 6. Requests the Chief of Staff to report to the Security Council on rela the action taken to carry out this Resolution. in the 2 39. UNITED STATES SUPPORT OF UNITED NATIONS EFFORTS (S/I TO ACHIEVE PEACEFUL SETTLEMENT: Statement by stic Department of State, November 5, 1955 2 oth During recent weeks, especially during the last few days, the United States has noted, with deep concern, the increasing tempo of hostilities 3 between Israel and Egypt. According to our information there have Org been violations of the General Armistice Agreement by both Israel and Egypt which have led to bloodshed and loss of life. The United Org States deplores resort to force for the settlement of disputes. The Secretary-General of the United Nations and General E. L. M.] "in Burns have put forward proposals to Israel and Egypt which are designed to ease the present situation along their common border . The United States strongly supports the United Nations efforts to achieve settlement by peaceful means, especially the current proposals of General Burns, who is the Chief of Staff of the United Nations Сау Truce Supervision Organization. E Recent reports have also been received that United Nations observers who are under General Burns' direction have been pre vented from carrying out their assigned functions. The United leg 1 See Armistice Agreement of Feb. 24, 1949, supra, pp. 698-707. gr& issued after the Ambassadors of Israel (Abba Eban and Egypt (Ahmed Hussein had called on Assistant Secretary George M. "Allen, at the request of the State Department. 3 See U.N. doc. S/3430. the of setti 4 in des met to pre exis nei req E 1'8S 1 2 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2251 Egypt Tad e in legitimate purpose of self-defence, ated States continues to believe that these United Nations observers should olu- have full liberty to perform their peaceful functions. Assistant Secretary Allen informed the Ambassadors of Israel and the of the attitude of the United States and asked for information with respect to their Governments' intentions regarding these matters. ap- sary rto Shipping Restrictions in the Suez Canal s of ures 40. EGYPTIAN RESTRICTIONS ON ISRAELI SHIPPING IN THE SUEZ CANAL: United Nations Security Council Resolution, ited September 1, 1951 1 ons; with The Security Council and 1. Recalling that in its resolution of 11 August 1949 (S/1376), on relating to the conclusion of Armstice Agreements between Israel and the neighbouring Arab States ? it drew attention to the pledges in these Agreements "against any further acts of hostility between the Parties" 2. Recalling further that in its resolution of 17 November 1950 the 9/1907 and Corr. 1), it reminded the States concerned that the Armi- stice Agreements to which they are parties contemplate "the return of permanent peace in Palestine", and therefore urged them and the ted other States in the area to take all such steps as will lead to the settlement of the issues between them, ties 3. Noting the report of the Chief of Staff of the Truce Supervision Organization to the Security Council of 12 June 1951 (S/2194), 4. Further noting that the Chief of Staff of the Truce Supervision Organization recalled the statement of the senior Egyptian delegate M. In Rhodes on 13 January 1949, to the effect that his delegation was "inspired with every spirit of co-operation, conciliation and a sincere her. desire to restore peace in Palestine”, and that the Egyptian Govern- ment has not complied with the earnest plea of the Chief of Staff made Is to the Egyptian delegate on 12 June 1951, that it desist from the present practice of interfering with the passage through the Suez Canal of goods destined for Israel , 5. Considering that since the 'armistice regime, which has been in existence for nearly two and a half years, is of a permanent character, neither party can reasonably assert that it is actively a belligerent or requires to exercise the right of visit, search and seizure for any 6. Finds that the maintenance of the practice mentioned in para- graph 4 above is inconsistent with the objectives of a peaceful settle- LTS ave cael ted l'he are to 13 ons ONS Te- ced Fas in ate U.N. doc. S/INF/6, Mar. 4, 1952, pp. 13-15. * For the texts of the armistice agreements, see supra, pp. 698-724. 2252 AMERICAN FOREIGN POLICY, 1950–1955 cisi : wel SOU ma are rep vie fab 2 Department of State Bulletin, Apr. 12, 1954, pp. 569-570. For background ment between the parties and the establishment of a permanent peau in Palestine set forth in the Armistice Agreement, tion 7. Finds further that such practice is an abuse of the exercise o con the right of visit, search and seizure, 8. Further finds that that practice cannot in the prevailing circum, sati stances be justified on the ground that it is necessary for self-defence , to i 9. And further noting that the restrictions on the passage of good cisi through the Suez Canal to Israel ports are denying to nations at no cer time connected with the conflict in Palestine valuable supplies required rea for their economic reconstruction, and that these restrictions together Na with sanctions applied by Egypt to certain ships which have visited Ass Israel ports represent unjustified interference with the rights of nation des If. to navigate the seas and to trade freely with one another, including the Arab States and Israel, bri Thi 10. Calls upon Egypt to terminate the restrictions on the passage of international commercial shipping and goods through the Sun Canal wherever bound and to cease all interference with such shipping beyond that essential to the safety of shipping in the Canal itself and to the observance of the international conventions in force. 41. OBLIGATION OF EGYPT TO COMPLY WITH THE pea SECURITY COUNCIL'S RESOLUTION OF 1951: Statement by Un the United States Representative at the United Nations. Before the sid Security Council, March 25, 1954 2 the The issue before us is the compliance of a valued member of the def United Nations with a decision taken 242 years ago by the highest body of this organization charged with the maintenance of internal and tional peace and security. After examining the facts and arguments of presented by both sides, this Council adopted a resolution on Sep the tember 1, 1951, which continues to apply to the facts as we have heart the them relating to the complaint now under consideration. The rest Ar lution of 1951 was adopted after the parties themselves had entered ful into a general armistice agreement* which had as one of its principa ery purposes the promotion of permanent peace in Palestine. The res ſution stems from that agreement. The basic issues are the same as those considered then, and in our opinion, nothing has happenal of since 1949, when the Armistice Agreement was signed, or since 195, Ar when the resolution was adopted, to alter their validity or significance 59 to the peace of the area. Co 1 Henry Cabot Lodge, Jr. Period from 16 July 1953 to the July 1952%A2 the General-39, and United Son N Participation in the United Nations? Report by the President to the Congress for in Go Year 1954 (Department of State publication 5769; 1955), pp. 74–76. For the text of the Egyptian-Israeli armistice agreement of Feb. 24, 1949, s* supra, pp. 698-707. rea me CO wil in 3 Supra. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2253 peace rcum involved here the all-important question of peace and security in the Throughout the history of the Palestine Question the United Na- tions has sought a peaceful, just, and equitable settlement of the many ise et complicated problems arising out of the Palestine conflict. The de- cisions of the various organs of the United Nations have not always satisfied our own views 100 percent. But we have consistently sought to respect and give effect to the combined judgment which those de- ice, good cisions represent. We, for our part, feel that the parties directly con- sto cerned in these questions have an equal duty to respect and make every quired reasonable effort to give effect to the combined judgment of the United ether Nations, whether expressed in the Security Council or in the General isited Assembly, or other competent organs. We must say frankly that the utions desire of the interested parties to do so has not always been apparent. uding) If, disregarding the collective efforts of the United Nations, the parties bring the house down upon themselves, it is they who will suffer most. This Ssage may seem like a strong statement, but candor compels it. Suez When the United Nations was established, such situations as these pping were the reason why we combined together to pool some of our re- fal sources and to subject some of our interests to the judgment of the majority. It seems to us that the parties to the Palestine Question are losing sight of the immense value to themselves that this process represents. None of us can stand alone; disregard of the Council's view in one instance encourages recalcitrance in another. The whole fabric of international cooperation inevitably suffers. Thus, to re- peat, the question before us is one of compliance with a decision of the nt by United Nations. That decision was based on several important con- ce the siderations, one of which was that, and I quote, "neither party can reasonably assert that it is actively a belligerent or requires to exercise the right of visit, search and seizure for any legitimate purpose of self- In our opinion, this principle is equally applicable to the Suez Canal erna-and to any waters outside the Canal. This principle and the decision ments of the Council in its resolution of 1951 should be applied by the parties Sep themselves through the Mixed Armistice Commission which they heard themselves set up. Differences arising between the parties under the reso Armistice Agreement should always, in our opinion, be handled as tered fully as possible in the first instance by the Mixed Armistice machin- ery. An exception to this rule could weaken the effectiveness of that reso machinery. We believe that the Mixed Armistice Commission, in same considering the specific complaint with respect to actions in the Gulf genel of Agaba, must be bound not only by the provisions of the General 1951 , Armistice Agreement, but should acť also in the light of paragraph came 5 of the resolution of September 1, 1951. We therefore fully support the draft resolution presented to this Council by New Zealand. We hope that the members of the Council will likewise give it their full support in the knowledge that there is | Government's viewpoint presented to us at our meeting on March 12, V. N. doc. S/3188/Corr. 1, Mar. 19, 1954. • Mahmoud Azmi, permanent representative of Egypt to the United Nations. THE of the defense." ghese cipal Found no the Statet 2 For the 9, see 2254 AMERICAN FOREIGN POLICY, 1950-1955 U t st b n LY til e te n 0 II 4 3 it was attempting to transit the Suez Canal. For a statement by Ambassador has referred to the "complete good will of Egypt” and “its efforts to prepare the ground for a reasonable solution." He also, quite prom erly, called for similar efforts by the Government of Israel. To could not fail to endorse such sentiments. We are convinced the they can be given effect by acceptance and reaffirmation of the Cow- cil's decision of September 1, 1951. We hold similar views with res spect to the various other decisions of the United Nations on this dif cult question of Palestine. We hope that these views will continu to be the views of all responsible members, whether charged with the peculiar responsibility of membership in this Council or otherwis . In this spirit we will vote for the draft resolution proposed by the delegation of New Zealand.2 The Status of Jerusalem (INTERNATIONAL REGIME FOR THE JERUSALEM AREA AND PROTECTION OF THE HOLY PLACES: GENERAL AS SEMBLY RESOLUTION 303 (IV), DECEMBER 9, 1949! 42. REMOVAL OF THE ISRAELI FOREIGN OFFICE FROM TEL AVIV TO JERSUALEM: Statement by the Secretary of State July 28, 1953 4 The United States regrets that the Israeli Government has seen fit to move its Foreign Office from Tel Aviv to Jerusalem. We have made known our feelings on that subject to the Govern ment of Israel on two prior Occasions. It was done in July 1952 and again in March 1953, when our Ambassador, hearing rumors that this was in contemplation, called upon the Israeli Government and requested them not to transfer their Foreign Ministry to Jerusalem 2 The Soviet Union vetoed the draft' resolution on Mar. 27. The Security , . Council took up again the question of Egyptian interference with shipping had seized on Sept. 28, 1954, the Bat Galim, a ship Aying tắe Israeli flag, white letin, Jan. 17, 1955, pp. 110–111. For background discussion see Report of the Security Council to'the General Assembly Covering the Period from 16 July 1si? to 15 July 1955 (A/2935), pp. 1-6. 3 A Decade of American Foreign Policy, pp. 859–860. 5 For the text of the aide-mémoire delivered by the Embassy at Tel Aviv to le Israeli Government on July 9, 1952, see ibid., Aug. 4, 1952, pp. 181–182 . 1 0 n 1 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2255 orts tú itbet im s aut Foreign Policy, pp. 859–860. We feel that way because we believe that it would embarrass the } prop United Nations, which has a primary responsibility for determining 17 the future status of Jerusalem. You may recall that the presently d the standing U.N. resolution about Jerusalem contemplates that it should Coun be to a large extent at least an international city rather than a purely national city. Also, we feel that this particular action by the Govern- ment of Israel at this particular time is inopportune in relation to ntinut the tensions which exist in the Near East, tensions which are rather th the extreme, and that this will add to rather than relax any of these ?T1878. tensions. by the The views that I express here are, we know, shared by a considerable number of other governments who have concern with the development of an atmosphere of peace and good will in that part of the world. We have notified the Government of Israel that we do not intend to move our own Embassy to Jerusalem.? 43. RETENTION OF THE AMERICAN EMBASSY AT TEL AVIV: Statement by the Department of State, November 3, 1954 3 AREA L AS The ranking diplomatic representatives of Jordan, Lebanon, Iraq, Yemen, Saudi Arabia, Libya, Syria, and Egypt called on the Secretary of State on November 3 to make known the views of their Govern- ments with respect to the plans for presentation of credentials in Jerusalem by the appointed American Ambassador to Israel, Edward State , B. Lawson. In the course of the conversation the Secretary recalled the policy of the U.S. Government to look to the United Nations as primarily en fit responsible for determining the future status of Jerusalem. Follow- ing normal practice, the presentation of credentials would be effected by Ambassador Lawson at the place where the Chief of State actually is. The fact that this means that the presentation will take place in Jerusalem implies no change in our attitude regarding Jerusalem nor does it imply any change in the location of the American Embassy in Israel, which is at Tel Aviv. lie., General Assembly Res. 303 (IV), Dec. 9, 1949; A Decade of American curits See Department of State Bulletin, July 20, 1953, p. 82. 3 Ibid., Nov. 22, 1954, p. 776. ( TEL Vel'l 952 that 1 and -M. pping Egypt while sador Bul . of the o the 2256 AMERICAN FOREIGN POLICY, 1950-1955 crec ļ AID TO PALESTINE REFUGEES app cerr pris out interest, the advances made by it under authority contained 1950, “General Appropriation Act, 1951," appropriated $27,450,000 for contribu- Palestine Refugees S Act 44. UNITED NATIONS PALESTINE REFUGEE AID ACT OF 1950: resp Title III of Public Law 535 (81st Congress, 2d Session), June 5, 1950 spel AN ACT rein To provide foreign economic assistance. com hert Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited audi as the "Foreign Economic Assistance Act of 1950." prot Nat Eas TITLE III all , mat SEC. 301. This title may be cited as the "United Nations Palestine Refugee Aid Act of 1950". SEC. 302. The Secretary of State is hereby authorized to make con- tributions from time to time before July 1, 1951, to the United Na- tions for the “United Nations Relief and Works Agency for Palestine Refugees in the Near East", established under the resolution of the 45. General Assembly of the United Nations of December 8, 1949, in amounts not exceeding in the aggregate $27,450,000 for the purposes set forth in this title. 1 AUTHORIZATION OF APPROPRIATIONS SEC. 303. (a) There are hereby authorized to be appropriated, out Wo of any money in the Treasury not otherwise appropriated, not to exceed $27,450,000 to carry out the purposes of this title. for (b) Notwithstanding the provisions of any other law, the Recon- 1 struction Finance Corporation is authorized and directed, until such time as an appropriation shall be made pursuant to subsection (a) of this section, to make advances to the Secretary of State, not to exceed in the aggregate $8,000,000, to carry out the provisions of this title . From appropriations authorized under subsection (a) of this section , there shall be repaid to the Reconstruction Finance Corporation, with in herein. No interest shall be charged on advances made by the Treas : ury to the Reconstruction Finance Corporation in implementation of this section. 1 64 Stat. 198, 203. 2 General Assembly Res. 302 (IV); A Decade of American Foreign Policy, pp. 856-859. A Chapter XI, “Foreign Aid Appropriation Act, 1951,” of the act of Sept, og for Palestine Refugees in the Near East; 64 Stat. 763. rep aut ang effic of t ref 30 1 in to 2 3 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2257 NATURE OF ASSISTANCE to the assignment of American specialists for service with another government. * Ibid., Fourth Session (A/1251), pp. 23-25. 4 U.N, docs. A/1451 and A/1451/Corr. 1, Oct. 19 and Oct. 30, 1950. $ U.N. doc. A/1452, Oct. 24, 1950. Sec. 304. (a) The provisions of sections 301, 302, and 303 of the Act of January 27, 1948 (62 Stat. 6),' are hereby made applicable with 950: respect to the United Nations Relief and Works Agency for Palestine 9501 Refugees in the Near East to the same extent as they apply with re- spect to the government of another country: Provided, That when reimbursement is made by said Agency, such reimbursement shall be credited to the appropriation, fund, or account utilized for paying the compensation, travel expenses, and allowances of any person assigned hereunder. vited (b) Departments and agencies of the United States Government are ited authorized, with the approval of the Secretary of State, to furnish or procure and furnish supplies, materials, and services to the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Provided, That said Agency shall make payments in advance for all costs incident to the furnishing or procurement of such supplies, materials , or services, which payments may be credited to the current applicable appropriation or fund of the department or agency con- tine cerned and shall be available for the purposes for which such appro- priations and funds are authorized to be used. ON- Na- ine the 45. UNITED NATIONS GENERAL ASSEMBLY RESOLUTION : in 393 (V), DECEMBER 2, 1950 ? The General Assembly, Recalling its resolution 302 (IV) of 8 December 1949, Having examined the report * of the United Nations Relief and Dut Works Agency for Palestine Refugees in the Near East, and the to report of the Secretary-General concerning United Nations Relief 1. Notes that contributions sufficient to carry out the programme authorized in paragraph 6 of resolution 302 (IV) have not been made, of and urges governments which have not yet done so to make every ed effort to make voluntary contributions in response to paragraph 13 . n 2. Recognizes that direct relief cannot be terminated as provided h- in paragraph 6 of resolution 302 (IV); ed 3. Authorizes the Agency to continue to furnish direct relief to refugees in need, and considers that, for the period 1 July 1951 to of 30 June 1952, the equivalent of approximately $20,000,000 will be "United States Information and Education Exchange Act of 1948, also printed In A Decade of American Foreign Policy, pp. 1224–1234. Sections 301-303 relate FY 2 ses 3 for Palestine Refugees, ON- Ich S- 6, (A/1775), pp. 22-23. FU- OT 415900_-57-Vol. 2 -39 2258 AMERICAN FOREIGN POLICY, 1950–1955 p] 81 ac ce to re tained the extent to which Member States are willing to make contribu- tions, all delegations be notified accordingly by the Secretary-General 1 U.N. General Assembly, Official Records, Third Session, Part I, Resolutions required for direct relief to refugees who are not yet reintegrated in the economy of the Near East; 4. Considers that, without prejudice to the provisions of paragraph 11 of General Assembly resolution 194 (III) of 11 December 1948 the reintegration of the refugees into the economic life of the Net East, either by repatriation or resettlement, is essential in preparation til for the time when international assistance is no longer available, and for the realization of conditions of peace and stability in the area ; 5. Instructs the Agency to establish a reintegration fund which vi shall be utilized for projects requested by any government in the Near East and approved by the Agency for the permanent re-establish . ment of refugees and their removal from relief; ti 6. Considers that, for the period 1 July 1951 to 30 June 1952, De la less than the equivalent of $30,000,000 should be contributed to the Agency for the purposes set forth in paragraph 5 above; 7. Authorizes the Agency, as circumstances permit, to transfer funds available for the current relief and works programmes, and is th the relief programme provided in paragraph 3 above, to reintegration projects provided for ir paragraph 5; C 8. (a) Requests the President of the General Assembly to appoint U: In a Negotiating Committee composed of seven or more members for the purpose of consulting, as soon as possible during the current ga session of the General Assembly, with Member and non-znembe w States as to the amounts which governments may be willing to coz- PC tribute on a voluntary basis towards: LE (i) The current programme for relief and works for the period Co ending 30 June 1951, bearing in mind the need for securing contribu- tid tions from Member States which have not yet contributed; (ii) The programme of relief and reintegration projects as provide for in paragraphs 3 and 4 above for the year ending 30 June 1952; hu (6) Authorizes the Negotiating Committee to adopt procedures th best suited to the accomplishment of its task, bearing in mind: th (i) The need for securing the maximum contribution in cash; (ii) The desirability of ensuring that any contribution in kind is of oth nature which meets the requirements of the contemplated proef grammes; (iii) The importance of enabling the United Nations Relief and Works Agency for Palestine Refugees in the Near East to plan if 46 programmes in advance and to carry them out with funds regularly contributed; (iv) The degree of assistance which can continue to be rendered by specialized agencies, non-member States and other contributors; (c) Requests that, as soon as the Negotiating Committee has ascen . in order that they may consult with their governments; ta ne of (A (A/810), pp21–25. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2259 2 Ibid. Third Session, Part I, Resolutions (A/810), pp. 21-25. 3 Ibid., Fourth Session, Resolutions (A/1251), pp. 23–25. ration dini (2) Decides that, as soon as the Negotiating Committee has com- pleted its work, the Secretary-General shall at the Committee's gran request arrange, during the current session of the General Assembly 1948 an appropriate meeting of Member and non-member States at which New Members may commit themselves to their national contributions and ration the contributions of non-members may be made known; e Tea; 9. Authorizes the Secretary-General, in consultation with the Ad- Whih visory Committee on Administrative and Budgetary Questions, to n the advance funds, deemed to be available for this purpose and not ex- blick ceeding $5,000,000, from the Working Capital Fund to finance opera- tions pursuant to the present resolution, such sum to be repaid not 2, mot later than 31 December 1951; to the 10. Calls upon the Secretary-General and the specialized agencies to utilize to the fullest extent the Agency's facilities as a point of ansfer reference and co-ordination for technical assistance programmes in nd for the countries in which the Agency is operating; 11. Expresses its appreciation to the United Nations International Children's Emergency Fund, the World Health Organization, the United Nations Educational, Scientific and Cultural Organization, the rs for International Refugee Organization, the International Labour Or- urrent ganisation and the Food and Agriculture Organization for the assistance embe which they have rendered, and urges them to continue to furnish all con possible assistance to the Agency; 12. Commends the International Committee of the Red Cross, the League of Red Cross Societies, and the American Friends Service period Committee for their invaluable services and whole-hearted co-opera- tribution in the distribution of relief supplies until those functions were taken over by the Agency; 13. Expresses its thanks to the numerous religious, charitable and 52; humanitarian organizations whose programmes have brought much needed supplementary assistance to the Palestine refugees, and urges them to continue and expand, to the extent possible, the work which : they have undertaken on behalf of the refugees; ; 14. Extends its appreciation and thanks to the Director and staff of s of the Agency and the members of the Advisory Committee for their prv effective and devoted work. opoint vided dures 1 and in 46. UNITED NATIONS GENERAL ASSEMBLY RESOLUTION laris 916 (X), DECEMBER 3, 1955 1 Jered The General Assembly, IS; scer ribu- Recalling its resolutions 194 (III) of 11 December 1948,2 302 (IV) of 8 December 1949, 393 (V) of 2 December 1950,4 513' (VI) of 26 UN General Assembly, Official Records, Tenth Session, Supplement No. 19 neral (A/3116), pp. 7-8. utions A Supra. 2260 AMERICAN FOREIGN POLICY, 1950-1955 1 1 f 1 C F T t E 47 January 1952, 614 (VII) of 6 November 1952, 720 (VIII) of727 November 1953, and 818 (IX) of 4 December 1954,4 Noting the annual report and the special report of the Director of the United Nations Relief and Works Agency for Palestine Refugees in the Near East and the special report ’of the Advisory Commission of the Agency, Having reviewed the budgets for relief and rehabilitation prepared by the Director of the Agency, Noting that repatriation or compensation of the refugees, as provided for in paragraph 11 of resolution 194 (III), has not been effected, that no substantial progress has been made in the programme for reintegra- tion of refugees endorsed in paragraph 2 of resolution 513 (VI) and that the situation of the refugees therefore continues to be a matter of grave concern, 1. Directs the United Nations Relief and Works Agency for Palestin Ref: es in the Near East to pursue its programmes for the relief and rehabilitation of refugees, bearing in mind the limitations imposed upon it by the extent of the contributions for the fiscal year; 2. Requests the Agency to continue its consultation with the United Nations Conciliation Commission for Palestine in the best interest of their respective tasks, with particular reference to paragraph 11 of resolution 194 (III); 3. Requests the Government of the area, without prejudice to rnme paragraph 11 of resolution 194 (III), to make a determined effort, in co-operation with the Director of the Agency, to seek and carry out projects capable of supporting substantial numbers of refugees; 4. Notes with gratification that the Government of the Hashimite Kingdom of the Jordan and the Agency have made substantial progress toward resolving the difficulties which impede the granting of rations to all qualified refugee children in Jordan; 5. Notes the serious need of the other claimants for relief as described in the special report prepared by the Director pursuant to paragraph 6 of resolution 818 (1x), namely, the frontier villagers in Jordan, the non-refugee population of the Gaza strip, a number of the refugees in Egypt, and certain of the Bedouin; 6. Appeals to private organizations to give them increased assistance to the extent that local Governments cannot do so; 7. Urges all Governments and individuals to support these private organizations with food, goods and services; 8. Requests the Negotiating Committee for Extra-Budgetary Funds , after the receipt of the budgets from the Director of the Agency, to seek such funds as may be required by the Agency; 1 U.N. General Assembly, Official Records, Sixth Session, Supplement No. A (A/2119), pp. 12–13. 3 Ibid., Seventh Session, Supplement No. 20 (A/2361), pp. 7–8. 3 Ibid., Eighth Session, Supplement No. 17 (A/2630), p. 6. 4 Ibid, Ninth Session, Supplement No. 21 (9/2890), pp. 8–9. 5 Ibid., Tenth Session, Supplement No. 15 (A/2978). 8 Ibid., Supplement No. 15 A (A/2978/Add. 1). Ibid., Tenth Session, Agenda Item 22 (A/3017). 01 fa to CE cho WI as te sp h: SO th ор the on 4, 7 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2261 127 stor gees Sion 9. Appeals to the Governments of Member and non-member States to make voluntary contributions to the extent necessary to carry through to fulfilment the Agency's programmes, and thanks the numerous religious, charitable and humanitarian organizations for their valuable and continuing work in assisting the refugees; 10. Expresses its thanks to the Director and the staff of the Agency for their continued faithful efforts to carry out their mandate, and requests the Governments of the area to continue to facilitate the work of the Agency and to ensure the protection of its personnel and property; 11. Requests the Director of the Agency to continue to submit the reports referred to in paragraph 21 of resolution 302 (IV) as well as the annual budgets. ered ded Chat 2r8. aand Tof tine and used E. THE IRANIAN OIL CONTROVERSY ited t of of 47. UNITED STATES POSITION IN TALKS WITH IRAN AND THE UNITED KINGDOM: Statement by the Department of State, May 18, 1951 to in out nite ress LONS bed aph the sm The United States is deeply concerned by the dispute between the Iranian and British Governments over Iranian oil. We are firm friends of both Iran and Great Britain and are sincerely interested in the wel- fare of each country. The United States wants an amicable settlement to this dispute, which is serious not only to the parties directly con- cerned but also to the whole free world. We have followed the matter closely and have told both countries where we stand. The views which we have expressed have related to the broad aspects of the problem, as it has not been appropriate for us to advise with respect to specific terms of arrangements which might be worked out. Since the United States attitude has been the subject of some speculation, it is deemed advisable to describe the position which we have taken in our talks with representatives of Iran and Great Britain. We have stressed to the Governments of both countries the need to solve the dispute in a friendly way through negotiation and have urged them to avoid intimidation and threats of unilateral action. In our talks with the British Government, we have expressed the opinion that arrangements should be worked out with the Iranians which give recognition to Iran's expressed desire for greater control Department of State Bulletin, May 28, 1951, p. 851. See also statements by the Department of State on Apr.'9 and 19, and remarks by the Secretary of State On May 23, 1951; ibid., Apr. 23, 1951, p. 661, Apr. 30, 1951, p. 700, and June nce ate ids, ,to 20 4, 1951, p. 891. 2262 AMERICAN FOREIGN POLICY, 1950–1955 ma as WIS int SOT ser over and benefits from the development of its petroleum resources , 48 While the United States has not approved or disapproved the terms of any particular British proposal, it is pleased to note a sincere desire on the part of the British to negotiate with the Iranians on all out standing issues. We fully recognize the sovereign rights of Iran and sympathias with Iran's desire that increased benefits accrue to that country Af from the development of its petroleum. In talks with the Irania: TE Government, we have pointed out the serious effects of any unilateral of cancellation of clear contractual relationships which the United States strongly opposes. We have stressed the importance of the Iranians achieving their legitimate objectives through friendly negotiation with the other party, consistent with their international responsibili- ties. This would have the advantage of maintaining confidence is future commercial investments in Iran and, indeed, in the validity of contractual arrangements all over the world. Iran has been urged, before it takes final action, to analyze carefully the practical aspects of this problem. In this connection, we have the raised the question of whether or not the elimination of the established A British oil company from Iran would in fact secure for Iran the greatest tro possible benefits. We have pointed out that the efficient production and refining of Iranian oil requires not only technical knowledge and by capital but transport and marketing facilities such as those provided the by the company. We have also pointed out that any uncertainty as of to future availability of Iranian supplies would cause concern on the pu part of customers which might lead to shifts in their source of supply of with a consequent decreased revenue to Iran. Those United States oil companies which would be best able to kin conduct operations such as the large-scale and complex industry in Iran have indicated to this Government that they would not in the the face of unilateral action by Iran against the British company willing to undertake operations in that country. Moreover, petro its leum technicians of the number and competence required to replace and those presently in Iran are not, due to extreme shortages of manpower tha in this specialized field, available in this country or in other countries. The United States believes that Iran and Great Britain have such a strong mutuality of interests that they must and will find some way, rup through friendly negotiation, of reestablishing a relationship which int will permit each party to play its full role in the achievement of their to t common objectives. Through such negotiation it is felt that Iran's basic desires and interests can best be realized, the legitimate British interests preserved, and the essential flow of Iranian oil into the mar- kets of the free world maintained. The United States has repeatedly expressed its great interest in the continued independence and territorial integrity of Iran and has given and will continue to give concrete evidence of this interest. con be arra the will free int ind prin 1 2 3 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2263 rces, ormis esire out- 48. UNITED STATES NONINTERVENTION IN IRANIAN DO- MESTIC AFFAIRS: Aide-Mémoire From the American Ambas- sador at Tehran to the Iranian Minister for Foreign Affairs, May 26, 1951 1 Dians ty of : and ided thize The aide-mémoire of His Excellency, the Minister for Foreign ntry Affairs of Iran, which was handed to the American Ambassador in niar Tehran on May 21, has been carefully considered by the Government teral of the United States. tates It is unfortunate that the public statement made by this Govern- ment on May 18 3 has been misconstrued by the Iranian Government ation as intervention in the internal affairs of Iran. The United States ibili wishes to make it clear that it did not then intend, nor does it now en intend, to interfere in the internal affairs of Iran, nor to oppose Iran's sovereign rights or the expressed desires of the Iranian Government in regard to control of Iranian resources. fully There is, however, legitimate basis for deep and proper interest on have the part of this Government in a solution of the oil problem in Iran. shed A serious controversy exists between Iran and Great Britain, a con- atest troversy which could undermine the unity of the free world and ction seriously weaken it. The United States is bound to both countries by strong ties of friendship and has attested its sincere concern for the well-being of both. It has, therefore, in view of the importance 7.0 of the matter, discussed the issues with both parties and has stated publicly the principles it considers important in reaching a solution The United States continues in its firm belief that an issue of this le to kind can be settled satisfactorily only by negotiation by the parties 7 concerned. While the United States has urged upon both parties the the need for moderation, it has taken no position on details of any 5. be arrangement which might be worked out. It has, however, reaffirmed etano its stand against unilateral cancellation of contractual relationships place and actions of a confiscatory nature . The United States is convinced ower that through negotiation a settlement can be found which will satisfy ries the desires of the Iranian people to control their own resources, which suca will protect legitimate British interests and which will assure uninter- was rupted flow of Iranian oil to its world markets. Such a settlement is, in the opinion of this Government, of the utmost importance not only to the welfare of the two powers concerned but to that of the entire 2018 free world. The United States wishes to state again its deep interest in the welfare of the Iranian people and in the maintenance of the nell'independence and territorial integrity of Iran, which is a cardinal principle of United States policy. the apply of this controversy. 1 Department of State Bulletin, June 4, 1951, pp. 891-892. 2 Not printed. 3 Supra. 2264 AMERICAN FOREIGN POLICY, 1950–1955 ng m resources. Persian Oil Company, and with the effect of the Iranian Government's oil national | an order (U.N. doc. S/2239, July 11, 1951), which, inter alia, indicated "provisional At British request, the Court on July 5, 1951, issued measures," pending its final decision, designed to insure against any action which United Kingdom accepted the Court's suggestion on July 6, but the Government of Iran on July 9 rejected the interim measures and withdrew its acceptance of the 49. OFFER TO SEND A PRESIDENTIAL PERSONAL REPRE . th SENTATIVE TO TEHRAN: Message From the President of the G United States to the Prime Minister of Iran, July 8, 1951 1 ya fo I am most grateful to Your Excellency for giving me in your recent he letter a full and frank account of the developments in the unhappy A dispute which has arisen between your Government and the British of oil interests in Iran. This matter is so full of dangers to the welfare of your own country, of Great Britain, and of all the free world, that I have been giving the most earnest thought to the problems involved of I had hoped that the common interests of the two countries directly de involved and the common ground which has been developed in you discussions would open the way to a solution of the troublesome and complicated problems which have arisen. You know of our sympa : thetic interest in this country in Iran's desire to control its natur th From this point of view we were happy to see that the British Government has on its part accepted the principle of nationali- zation. tid Since British skill and operating knowledge can contribute so much of to the Iranian oil industry I had hoped—and still hope that was 0 could be found to recognize the principle of nationalization and British interests to the benefit of both. For these reasons I have to watched with concern the breakdown of your discussions and the drilgan toward a collapse of oil operations with all the attendant losses to Iran to and the world. Surely this is a disaster which statesmanship cao find a way to avoid. Recently I have come to believe that the complexity of the problems ale be involved in a broad settlement and the shortness of the time available before the refinery must shut down--if the present situation çok tinues—require a simple and practicable modus vivendi under which operations can continue and under which the interests of neither side will be prejudiced. Various suggestions to this end have failed. The second be time available is running out. In this situation a new and important development has occurred The International Court of Justice, which your Government, thi 5C British Government, and our own, all joined with other nations to establish as the guardian of impartial justice and equity, has made a suggestion for a modus vivendi.3 Technical considerations aside, I lay great stress on the action of 1 Department of State Bulletin, July 23, 1951, pp. 129–130. 3 On May 26, 1951, the United Kingdom instituted proceedings in the content national Court of Justice against Iran in connection with the application of the agreement of 1933, between the Imperial Government of Persia and the Anglo- ization law of May 1, 1951. hinder the carrying on of the operations of the Anglo-Iranian Oil Company. 5.2.3 Oo m at as ar ca 1 the the 19 See of The Court's compulsory jurisdiction. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2265 SPRE recent happy 1 you ympa atura! WATS 1 2 Ibid., Oct. 1, 1951, pp. 548-550. the Court. I know how sincerely your Government and the British of the Government believe in the positions which you both have taken in your discussions. However, I am sure you believe even more pro- foundly in the idea of a world controlled by law and justice which has been the hope of the world since the San Francisco conference. Apart from questions of jurisdiction, no one will doubt the impartiality British of the World Court, its eminence, and the respect due to it by all Felfare nations who signed the United Nations treaty. d. the Therefore, I earnestly commend to you a most careful consideration olved . of its suggestion. I suggest that its utterance be thought of not as a irecth decision which is or is not binding depending on technical legal con- siderations, but as a suggestion of an impartial body, dedicated to Leand justice and equity and to a peaceful world based upon these great conceptions. Å study of its suggestion by your Government and by the British Government will, I am sure, develop methods of imple- at the menting it which will carry out its wise and impartial purpose onli maintaining the operation of the oil industry and preserving the posi- tions of both Governments. Surely no government loses any element muel of its sovereignty or the support of its people by treating with all possible consideration and respect the utterance of this great Court. and Our own Government and people believe this profoundly. Should here you take such a position I am sure that the stature of Iran would be drill greatly enhanced in the eyes of the world. I have a very sincere desire, Mr. Prime Minister, to be as helpful to you as possible in this circumstance. I have discussed this matter at length with W. Averell Harriman who, as you know, is one of my blems closest advisers and one of our most eminent citizens. Should you be willing to receive him, I should be happy to have him go to Tehran as my personal representative to talk over with you this immediate and pressing situation. May I take this opportunity to assure Your Excellency of my highest The consideration and to convey to you my confidence in the future well- being and prosperity of Iran. 50. OBSERVATIONS ON IRANIAN PROPOSALS FOR SETTLE- made MENT OF THE CONTROVERSY: Note From the President's Special Representative (W. Averell Harriman to the Prime Minister of Iran, September 15, 1951 ? Lour Excellency's message of September 123 has been communi- cated to me by the Iranian Ambassador. I share your regret that the discussions between the Iranian Government and the British delegation The Iranian Prime Minister's reply to the above message was released to the press by the White House on July 11. The reply, among other things, accepted the offer of Mr. Harriman's good offices (Department of State Bulletin, July 23, 1951, p. 130). For Mr. Harriman's remarks on his departure for Iran on July 13, de ibid. See also statement of July 13 by George C. McGhee, Assistant Secretary of State for Near Eastern, South Asian and African Affairs (ibid., p. 131). Iran D Cab wilable COM which r side irred . is the us to 012 of Inter- of the Anglo- tional- issued sional which ite, or The ment of the * Ibid., pp. 547–548. 2266 AMERICAN FOREIGN POLICY, 1950–1955 the suspension of negotiations between the British and Iranians and commending 1 See President's statement of Aug. 23, 1951, expressing disappointment at ca sa th be Ir CC C PI nc A de th m ef CC PI G under Lord Privy Seal Stokes did not culminate in an agreement upon a settlement of the oil controversy. I know that the continued interruption to the production and shipment of Iranian oil imposs a very considerable hardship upon the economy of Iran as it dos upon the economy of Great Britain. The United States and the entire free world looked anxiously upon these discussions in the bove that some solution could be found which would satisfy the legitimate interests of both parties. I assure Your Excellency that I continue to stand ready to assis in any way that I can in finding a just solution. In my efforts thus far I have endeavored to be frank and objective in the advice that I have given to the Iranian Government, as well as to the British Government. It is in this objective and friendly spirit, and in a effort to be helpful to you in arriving at a settlement, that I should like to comment upon the substance of your communication. With reference to the proposals in general, I should say at the outse! that they appear to be the same as proposals made by the Iranian Government during the course of the negotiations in Tehran, which the British Mission did not accept since they did not conform to practical and commercial aspects of the international oil industry . In some respects the proposals in fact represent a retrogression from the positions taken during the discussions. Your Excellency has suggested that the various departments of the Anglo-Iranian Oil Company be retained, insofar as this does not conflict with the terms of the Nationalization Law, and that the managers and other responsible personnel of the technical sections be employed in the National Oil Company of Iran with the same authority which they enjoyed previously. You have also stated that the Iranian Government is prepared to create a mixed executive board composed of Iranian and neutral foreign technicians who would jointly manage the administrative and technical affairs of the Na tional Oil Company of Iran. In discussing this possibility during the negotiations in Tehran, I endeavored to point out to the Iranian representatives the impractica- þility of attempting to operate a large and complex industry on the basis of a number of section heads reporting to a board of directors with no single individual being given executive authority. I beliere that no organization can operate effectively in this manner and understood Mr. Stokes' position in Tehran to be that the Britisk would not consider it workable. Moreover, I have pointed out that effective operations, particularly of a refinery of the size and com plexity of that in Abadan, require the employment of an integrated organization rather than the employment of individual foreign specialists. Competent technicians would not themselves consent to employment except under conditions satisfactory to them. Such conditions would include assurance that the industry was under V al le m d P II P P E f S a V NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2267 assist s this anian 'm to consideration. It is also true that only those who have developed markets for Iranian oil are in a position to commit themselves for its purchase in the large quantities produced. ement capable management and operated in a manner which would assure tinued safety and efficiency. n poses Your Excellency has expressed concern that the arrangements for t does the operation of the oil industry must take into account the require- id the ments of the Nationalization Law. I am convinced that arrange- hove ments are possible which would meet this objective and at the same timate time would assure that the oil industry is conducted on an efficient basis. During our visit in Tehran Mr. Levy and I discussed with Iranian officials arrangements under which a competent organization could be employed to operate under the control of the National Oil e that Company of Iran. Such arrangements are a common business British practice throughout the world. in a Your Excellency has reiterated that the Iranian Government has should not intended and does not intend to confiscate the property of the Anglo-Iranian Oil Company and has suggested methods for the putset determination of the amount of compensation. While I have no comments upon your suggestions for determining which the value of the assets, it is obvious that payment of compensation must depend upon and will be affected by arrangements for the Asti ustry . efficient operation of the oil industry to assure that the products from continue to be made available for sale to world markets. As I have its of pointed out to Your Excellency, in the view of the United States Government the seizure by any government of foreign-owned assets s not without either prompt, adequate and effective compensation or ns be alternative arrangements satisfactory to the former owners is, less of the intent, confiscation rather than nationalization. There hority must be more than a willingness to pay; there must be the ability to do so in an effective form. I believe, however, that if arrangements board for the sale of oil are made with the British interests the compensation problem could be worked out satisfactorily and that the net oil income accruing to Iran could be as large as that of any other oil- producing country under comparable circumstances. etica- Your Excellency has stated that the Iranian Government is pre- pared to sell to the British ten million tons of oil per year, this quan- tity representing an estimate of Iranian oil previously used in Great -tors liere Britain. It is specified that sales would be at prevailing international prices on the basis of the fo.b. value at Iranian ports. It is also stated that this oil would be delivered to any company or transport agency designated by the British. As I pointed out to Your Excellency in Tehran, in order to be assured of continuous sales of substantial quantities of its oil in world markets Iran must make arrangements with customers that eign it to can make available large transportation and distribution facilities for marketing it on a world-wide basis. Potential customers would nder not make such arrangements unless they could obtain Iranian oil on a basis as favorable as that on which they could buy or develop oil in other producing countries. This, of course, is a practical business t the regard- the vould NA an, I 2 the nd I itish that com- ated Such et at ding 2). 2268 1950-1955 AMERICAN FOREIGN POLICY, na me rek ret att The production of Iranian oil before the present controversy arose 51 amounted to some 30 million tons per year. The major portion of this production was handled by British concerns and effiliates which have developed markets for it throughout the world. Only the have the great transportation facilities needed to carry the oil from A Iran to its markets, where only they have the necessary distribution facilities for it. Arrangements, including financial terms, for the sel of only that portion of the oil which previously went to Great Britain would leave the problem of shipping to and distribution in other parts of the world unsolved, and would force the British interests to develop 52 other sources of supply. During the negotiations in Tehran the Iranian Government indi- cated its willingness to consider a long-term contract for the sale of Iranian oil to an organization acting on behalf of former purchasers of the products. Under this suggestion, that portion of the industry's TO output which was not covered by this contract could be sold directly by the National Oil Company of Iran to its own customers. You Excellency's present suggestion would indicate that there has been : change in this position. Your Excellency, in pointing out that the suspension of negotiations Ai with the British and the shutdown of the Iranian oil industry have th: created a serious situation in Iran, has stated that if a satisfactory conclusion is not achieved within 15 days from the date on which you proposal is submitted to the British Government the Iranian Govern- ment intends to cancel the residence permits held by the British staf pr and experts now residing in the southern oilfields. As I have pointed out to Your Excellency, the proposals which you have set forth in your communication do not represent an advance from the positions taken in the discussions in Tehran and in some respects appear to be the opposite. I believe that the problem with which Iran and Great Britain are confronted can be settled only by in negotiations based upon recognition of the practical business and technical aspects of the oil industry and based upon mutual good will between the parties. Such a settlement, which would attain Iranian Se aspirations for control of the oil industry within Iran, is, I am con- vinced, possible and feasible in accordance with the discussions we have had in Tehran and the comments I have made. that my passing your communication to the British Government would militate against a settlement, particularly in view of the posi- tion taken regarding the expulsion of the British employees in southern Iran, a position which I believe will only further aggravate an serious situation. As a sincere friend of Iran, I earnestly hope that Your Excellencs to will reconsider the points set forth in your communication and that basis can be developed under which negotiations can soon be resumed I want to tell Your Excellency how much I appreciate your commun cating with me on this matter. As stated earlier, I am anxious to be a helpful as circumstances permit, but for the reasons I have set forte I regret that it is not possible for me to meet your request in this particular instance. SIO 1 pro Un cor cat th Oc tio However, I consider SS res for the to pos ha tai already Re pu 50- Co 16 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2269 ? Department of State Bulletin, Sept. 8, 1952, p. 360. they e sale matter. ers of een & publication 4583; 1952), pp. 92-94; ibid., 1952 (Department of State publication 5034; 1953), pp. 205–206; Report of the Security Council to the General Assembly Covering the Period from 16 July 1951 to 15 July 1952 (A/2167), pp. 17–24; ibidos 16 July 1952 to 15 July 1958 (A/2437), p. 28. arose 51. COMPETENCE OF THE INTERNATIONAL COURT OF Zon of JUSTICE IN THE CONTROVERSY: United Nations Security which Council Decision, October 19, 1951 1 from Adjournment of discussion on pending draft resolutions until the Inter- ution national Court of Justice shall ħave ruled upon its own competence in the ritain parts 52. PROPOSALS FOR SETTLEMENT OF THE CONTROVERSY: Joint Message and Proposals From the President of the United indi . States and the Prime Minister of the United Kingdom to the ale of Prime Minister of Iran, August 30, 1952 2 stry's To His Excellency cectly Dr. Mohammad Mossadegh, You Prime Minister of Iran We have reviewed the messages from our two Embassies in Iran 3 tions regarding recent talks with you, as well as your communication of August 7, 1952, to the British Government. It seems clear to us, tory that to bring about a satisfactory solution to the oil problem will you require prompt action by all three of our Governments. We are er attaching proposals for action which our two Governments are pre- staf pared to take and which we sincerely hope will meet with your ap- proval and result in a satisfactory solution. We are motivated by sincere and traditional feelings of friendship for the Iranian nation 1 U.N. doc. S/INF/6, Mar. 4, 1952, p. 3. The decision was taken on a verbal with proposal by the representative of France. Upon the breakdown of the negotiations between the United Kingdom and Iran in September 1951, and the failure of Mr. Harriman's efforts at mediation, the United Kingdom requested the Security Council on Sept. 28, 1951, to take up its will complaint that Iran had failed to comply with the provisional measures” indi- cated by the International Court of Justice in its order of July 5, 1951. The Security Council decided on Oct. 1 to admit the item to its agenda, and considered the question between Oct. 15 and 19, 1951. The U.S. representative supported on oct 17 (Department of State Bulletin, Nov. 5, 1951, pp. 746–749) a draft resolu- sider tion (8/2358/Rev. 2, Oct. 17, 1951) calling for the resumption of negotiations to resolve the differences in accordance with the principles of the U.N. Charter, and for the avoidance of any action which would have the effect of further aggravating the situation. When it became clear, on Oct. 19, that the seven votes necessary pass the resolution would not be secured, the Council adopted the French pro- cady posal above. In its judgment of July 22, 1952, the Court decided that it did not Ency tained in its order of July 5, 1951, had Tapsed with the issuance of the judgment. kor background information see ünited States Participation in the United Nations: Report by the President to the Congress for the Year 1951 (Department of State have : You cance sonie V by and nian COD- 18үе nent HOSI nern to at & aed . uni- e as orth this 3 Not printed 2270 AMERICAN FOREIGN POLICY, 1950–1955 rea parture of the plenipotentiary representatives a sum of 20 million pounds (ibid., and people and it is our earnest desire to make possible an early and 53. equitable solution of the present dispute. HARRY S. TRUMAN WINSTON S. CHURCHILL Proposals DE 1 1. There shall be submitted to the International Court of Justice pre the question of compensation to be paid in respect of the nationaliza Un tion of the enterprise of the AIOC 1 in Iran, having regard to the legal difti position of the parties existing immediately prior to nationalization hay and to all claims and counterclaims of both parties. LO 2. Suitable representatives shall be appointed to represent the nes Iranian Government and the AIOC in negotiations for making arrange- ments for the flow of oil from Iran to world markets. che 3. If the Iranian Government agrees to the proposals in the for- Ira: going two paragraphs, it is understood that (a) representatives of the its AIOČ will seek arrangements for the movement of oil already stored in Iran, and as agreements are reached upon price, and as physical free conditions of loading permit, appropriate payments will be made for I such quantities of oil as can be moved; (6) Her Majesty's Government emni will relax restrictions on exports to Iran and on Iran's use of sterling; elin and (c) the United States Government will make an immediate grant whi? of $10 million to the Iranian Government to assist in their budgetary ind problem. ing con 1 Anglo-Iranian Oil Company. adh 2 On Sept. 3, 1952, the Secretary of State pointed out at a press conference , that "the purpose of this grant would be to provide Iran with funds for a short term to assist that nation financially until flow of Iranian oil to world markets could be resumed” (Department of State Bulletin Sept. 15, 1952, p. 406). On the Sept. 24, 1952, Prime Minister Mossadegh rejected the proposals of Aug. 30 , 1952 faci and made counter-proposals (ibid., Oct. 6, 1952, pp. 532–535). On Oct. 5, 1952, the American Ambassador at Tehran delivered to Prime Minister Mossadegh & message from the Secretary of State pointing out that the rejection had appara ently been based on certain misunderstandings of the Anglo-American proposals of t and correcting the misunderstandings concerning the management of the com industry and the purchase of the oil produced (ibid., Oct. 13, 1952, p. 569).00 to examined the explanations which were furnished with a view to removing the to Oct. 7, 1952, Prime Minister Mossadegh replied saying that he had grateful ambiguity of the joint message of Aug. 30, 1952, and that he had now proposed to exte the British Foreign Secretary that plenipotentiary representatives of the former Iran Anglo-Iranian Oil Company be sent to Tehran to discuss the terms of his counter proposals of Sept. 24, 1952, if the British Government would pay prior to the de p. 894). The Department of State observed on Dec., 1952, that'as regards the Purchase of oil from Iran hy American nationals oor American firms, it was the Kush individuals or firmseas might be considering purchases?o The legal risks ir position of the U.S. Government that the decision on this point must be left to volved were matters to be resolved by them (ibid., Dec. 15, 1952, p. 946). 2 MDE of t mer int pro COM 1 2 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2271 Department of State Bulletin, July 20, 1953, pp. 74–75. and 3. IMPOSSIBILITY OF INCREASING ECONOMIC AID TO IRAN PENDING SETTLEMENT OF THE CONTROVERSY: Message From the President of the United States to the Prime Minister of Iran, June 29, 1953 IAN 1 ILL ment grant DEAR MR. PRIME MINISTER: I have received your letter of May 28 ? in which you described the istice present difficult situation in Iran and expressed the hope that the aliza- legal United States might be able to assist Iran in overcoming some of its ation difficulties. In writing my reply which has been delayed until I could have an opportunity to consult with Mr. Dulles and Ambassador Loy] Henderson, I am motivated by the same spirit of friendly frank- the ness as that which I find reflected in your letter. . ange The Government and people of the United States historically have cherished and still have deep feelings of friendliness for Iran and the fore f the Iranian people. They sincerely hope that Iran will be able to maintain tored its independence and that the Iranian people will be successful in sical realizing their national aspirations and in developing a contented and free nation which will contribute to world prosperity and peace. e for It was primarily because of that hope that the United States Gov- Fling ernment during the last two years has made earnest efforts to assist in eliminating certain differences between Iran and the United Kingdom which have arisen as a result of the nationalization of the Iranian oil industry. It has been the belief of the United States that the reach- ing of an agreement in the matter of compensation would strengthen confidence throughout the world in the determination of Iran fully to adhere to the principles which render possible a harmonious com- munity of free nations; that it would contribute to the strengthening of the international credit standing of Iran; and that it would lead to On the solution of some of the financial and economic problems at present 1952, The failure of Iran and of the United Kingdom to reach an agree- ment with regard to compensation has handicapped the Government osals of the United States in its efforts to help Iran. There is a strong feeling in the United States, even among American citizens most sympathetic to Iran and friendly to the Iranian people, that it would not be fair to the American taxpayers for the United States Government to sed to extend any considerable amount of economic aid to Iran so long as pret Iran could have access to funds derived from the sale of its oil and oil products if a reasonable agreement were reached with regard to compensation whereby the large-scale marketing of Iranian oil would etary rence, short rkets 1952 facing Iran. egh ppar ne On efully g the ne de 1952 , Is the s the eft to 1 ? Ibid., pp. 75–76. $ in- 2272 AMERICAN FOREIGN POLICY, 1950–1955 re se es m Secretary of State stated on July 28, 1953, that the growing activities of the illegal assistance (ibid., Aug. 10, 1953, p. 178). With the change of government in Iran sponding to an appeal af Aug. 26, 1953, by the Prime Minister, General Fazlollah be resumed. Similarly, many American citizens would be deeply 54 opposed to the purchase by the United States Government of Iranian oil in the absence of an oil settlement. There is also considerable sentiment in the United States to the effect that a settlement based on the payment of compensation merely for losses of the physical assets of a firm which has been nationalized th would not be what might be called a reasonable settlement and that an agreement to such a settlement might tend to weaken mutualth trust between free nations engaged in friendly economic intercourse A Furthermore, many of my countrymen who have kept themselves q! informed regarding developments in this unfortunate dispute believe that, in view of the emotions which have been aroused both in Iran and the United Kingdom, efforts to determine by direct negotiation b the amount of compensation due are more likely to increase friction by than to promote understanding. They continue to adhere to the pa opinion that the most practicable and the fairest means of settling the question of compensation would be for that question to be referred to some neutral international body which could consider on the basis lo of merit all claims and counter-claims. fo I fully understand that the Government of Iran must determine for PE itself which foreign and domestic policies are likely to be most advan- tageous to Iran and to the Iranian people. In what I have written , I am not trying to advise the Iranian Government on its best interests. PO I am merely trying to explain why, in the circumstances, the Govern- ment of the United States is not presently in a position to extend more aid to Iran or to purchase Iranian oil. C In case Iran should so desire, the United States Government hopes PI to be able to continue to extend technical assistance and military aid C on a basis comparable to that given during the past year. pe I note the concern reflected in your letter at the present dangerous be situation in Iran and sincerely hope that before it is too late, the th Government of Iran will take such steps as are in its power to prevent fo a further deterioration of that situation. Please accept, Mr. Prime Minister, the renewed assurances of my highest consideration. 1 A similar attitude was expressed in a statement by the Department of State on Mar. 20, 1952 (Department of State Bulletin, Mår. 31, 1952, p. 494). The Communist Party in Iran (the Tudeh Party) and the toleration of those activities by the Iranian Government were causing much concern to the U.S. Government, and that these developments made it more difficult for the U.S. to grant Tran in August 1953, and a more hopeful approach to a settlement, the President, men immediate assistance to Iran' on an emergency basis. The Foreign Operation, 400,000 for technical and economic aid during the 1954 fiscal year. The offer was accepted (ibid., Sept. 14, 1953, pp. 349–350). 81 81 m IS te T n 9 Une maisons b C E NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2273 'anian le lor negotiating delegations in Tehran and by the British Embassy and Iranian Government, Aug. 5, 1954; Documents on American Foreign Relations, 1954 (New York, 1955), pp. 387-388. keeph 54. SETTLEMENT OF THE CONTROVERSY: Joint Statement by the Government of Iran and the Oil Consortium, August 5, 1954 1 o the nerely The Iranian Government, the National Iranian Oil Company and alized the negotiators representing a consortium of 8 oil companies have I that reached accord on necessary points of an agreement which will restore lutual the flow of Iranian oil to world markets in substantial quantities. An essential part of the consortium agreement was settlement of the selves question of compensation to [the] Anglo-Iranian Oil Company. A elieve separate announcement has been made in this respect.? The agreement must now be put into proper legal form, approved iation by the Boards of Directors of the participating companies, and signed by the parties concerned. It will then be submitted for enactment as o the part of the law of Iran and for formal approval of the Shah. It is estimated that these requirements can be concluded in about two erred months, after which large volumes of Iranian oil will once again be basis loaded at Iran's great oil ports at Abadan and Bandar Mashur bound for the consuming and refining centers of the world. In the interim e for period, preparations for resumption of activities will commence. lvan- Two operating companies will be formed to operate the oil fields itten, and refinery. These companies will receive the necessary rights and powers from the government and the National Iranian Oil Company and exercise them on their behalf to the extent specified in the agree- ment. The consortium companies will pay the National Iranian Oil Company for all the oil required for export and sell the crude and LOPES products exported. Provision is made for the National Iranian Oil gaid Company to take crude oil in kind, in lieu of payments, up to 1272 percent of total exports. Products for consumption within Iran will be available to the National Iranian Oil Company at substantially their cost. The agreement covers a period of 25 years, with provisions for three 5-year extensions. my 1 Department of State Bulletin, Aug. 16, 1954, pp. 232-233. issued by Dr. Ali Amini , representing Iran, and' Howard Page, chairman of the in- ternational consortium. For a separate statement by Mr. Page, see ibid., p. 233. The agreement became effective on Oct. 29, 1954. For a summary of the agree- ments among the companies forming the consortium, see ibid., Dec. 27, 1954, pp. Following the change of government in Iran (August 1953), the Secretary of State, in October 1953, sent Herbert Hoover, Jr. , his adviser on problems dealing with worldwide petroleum affairs , to explore the Iranian oil situation (ibid., Oct. 26, 1953, p. 553). The Secretary of State remarked on Apr. 10, 1954, that the 1. Government was taking satisfaction in the fact that negotiations would soon begin between the Iranian Government and representatives of oil companies from several countries having as their purpose the resumption of large-scale oil produc- tion in Iran. He noted that the U.S. Government was not directly involved in the commercial negotiations but would observe them with great interest (ibid., Apr. 19, See the communiqué and joint statement issued by the British and Iranian 40 rests. vern- more . TOUS the vent The statement was State The Ilegal wities nent, Iran Iran t, re. ollah n for tions 323, offer 1954, p. 583). 415900--57-Vol. 2 2274 AMERICAN FOREIGN POLICY, 1950–1955 m se . SIĘ 8 of Through payments to [the] National Iranian Oil Company and ap- plication of Iranian tax laws it has been estimated that total direct se income to Iran from increased scale of operations for the first 3 full Je years, following a starting up period of 3 months, will be 150 million A pounds on the basis of present prices and costs. The estimated figures R begin at 31 million pounds for the first full year of operation, increasing to 67 million pounds for the third. The National Iranian Oil Company will continue to operate the 55 Naft-I-Shah oil field and Kermanshah refinery to produce a part of Iran's own oil needs, and will continue to handle the distribution of ou products in Iran. The National Iranian Oil Company will also be responsible for all facilities and services not directly a part of producing, refining and transportation operations of the operating companies. These will St include such functions as industrial training, public transport, road maintenance and facilities such as housing, medical care and social welfare. The National Iranian Oil Company will be reimbursed for a major part of the cost of such facilities and services by the operating companies, with whom close cooperation will be maintained. Production of crude oil from Iran, following a starting up period of three months, will be increased progressively, bringing total exports of crude and products to a minimum of eighty million cubic meters (78 million tons; 500 million barrels) for the first three year period. In addition some five million cubic meters will be produced for internal he consumption. Following the third year it would be the policy of the T consortium companies to continue taking quantities of crude oil which would reasonably reflect the supply and demand trend for Middle ti East crude oil, assuming favorable operating and economic conditions in Iran. Large scale operations at the Abadan refinery will be resumed as quickly as possible. It is expected that, again following the initial th period of three months a total of nearly 35 million cubic meters (30 ht million tons; 220 million barrels) of crude will be processed for export during the first three years of operation. Of this, some 15 million U cubic meters (13 million tons; 94 million barrels) will be processed dur- ing the last three years, a rate which will once again establish Abadan's output as the largest in the Eastern Hemisphere, despite sharp in- creases in refinery capacity in that area during the last three years . The two operating companies will be organized by the consortium and will carry on operations in Iran within a specified area. One of the companies will deal primarily with exploration and production the other with refining. The companies will be registered in Iran and have their management and operating headquarters there. They will be incorporated under the laws of the Netherlands. There will be seven directors of each company, two of whom will be named by Iran and five by the consortium. Operating data and records of the companies will be available to Iran and the National Iranian Oil Company. an 01 ti ik a NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2275 d ap- The consortium is expected to consist of the Gulf Oil Corporation, direct Socony Vacuum Oil Company Incorporated, Standard Oil (New 3 ful Jersey), Standard Oil Company California, the Texas Company, the illion Anglo-Iranian Oil Company, Compagnie Française de Petroles and gures Royal Dutch/Shell. asing the rt of of di 55. UNITED STATES GRATIFICATION OVER THE SETTLE- MENT: Message From the President of the United States to the Shah of Iran, August 5, 1954 1 rall and will road ocial Cor & ting d of S of (78 In rnal the nich Adle Your IMPERIAL MAJESTY: The important news that your Govern- ment, in negotiation with the British, French, Dutch and United States oil companies, has reached, in principle, a fair and equitable settlement to the difficult oil problem is indeed gratifying. Your Majesty must take great satisfaction at the success of this significant phase in the negotiations to which you personally have made & valuable contribution. I am confident that implementation of this agreement, under Your Majesty's leadership, will mark the beginning of a new era of economic progress and stability for your country. Like myself, all Americans have a deep concern for the well-being of Iran. With them I have watched closely your courageous efforts, your steadfastness over the past difficult years, and with them I too have hoped that you might achieve the goals you so earnestly desire. The attainment of an oil settlement along the lines which have been announced should be a significant step in the direction of the realiza- tion of your aspirations for your people. There is concrete evidence of the friendship that exists between our two countries and of our desire that Iran prosper independently in the family of free nations. We have endeavored to be helpful in the form of economic and technical assistance and we are happy to have helped in finding a solution to the oil problem. I can assure Your Majesty of the continued friendly interest of the United States in the welfare and progress of Iran, and of the admira- tion of the American people for your enlightened leadership. With sincere best wishes for the health and happiness of Your Majesty and the people of Iran. ODS + 9S tia) (30 ort ion ul- n's in- im of on, nd ey ill by he 1 Department of State Bulletin, Aug. 16, 1954, p. 230. The letter was released to the press on Aug. 5. For the Shah's reply, released to the press on Aug. 9, see ibid., Aug. 23, 1954, p. 266. For further statements and exchanges relative to the agreement, see ibid., Aug. 23, 1954, pp. 266-267, and Nov. 8, 1054, p. 683. 2276 AMERICAN FOREIGN POLICY, 1950–1855 2 F. TERRITORIAL DISPUTES AND CLAIMS Cyprus 56. UNITED STATES HOPES FOR SETTLEMENT OF THE CYPRUS ISSUE AS BETWEEN GREECE AND TURKEY: Note From the Secretary of State to the Prime Minister of Greece, Released September 18, 1955 1 I have followed with concern the dangerous deterioration of Greek- Turkish relations caused by the Cyprus question. Regardless of the causes of this disagreement, which are complex and numerous, I believe that the unity of the North Atlantic community, which is the basis of our common security, must be restored without delay. Since the time, almost a decade ago, when Communist expansion first posed a serious threat to the free world, the close and friendly cooperation of Greece and Turkey has proved a powerful deterrent to Communist ambitions in the eastern Mediterranean. In Korea, Greek and Turkish troops fought valiantly, side by side, to repel the Communist aggressors. I cannot believe that in the face of this record of common achieve- ment, any problem will long disrupt the course of Greek-Turkish friendship. Nor can I believe that the unhappy events of the past two weeks will reverse policies of cooperation which were initiated twenty-five years ago under the far-sighted leadership of Eleftherios Venizelos and Kemal Ataturk. Since 1947 the United States has made very considerable efforts to assist Greece and Turkey to maintain their freedom and to achieve greater social and economic progress. We have extended this assist ance and extend it now---because we believe that the partnership of Greece and Turkey constitutes a strong bulwark of the free world in a critical area. If that bulwark should be materially weakened, the consequences could be grave indeed. I urge you therefore to make every effort to assure that the effectiveness of your partnership is not impaired by present disagreements. I am confident that the spirit of close cooperation that Greece and Turkey have so often demonstrated in the past as fellow members of the United Nations, the North Atlantic Treaty Organization and the Balkan Alliance 2 will enable you to transcend immediate differ ences in the interests of free world unity. An identic note , 1 Department of State Bulletin, Sept. 26, 1955, p. 496. mutatis mutandis, was sent to the Prime Minister of Turkey (ibid., pp. 496–197) 2 Treaties of Feb. 28, 1953, and Aug. 9, 1954; supra, pp. 1233-1239. U. R. S. S. A F G H Α Ν Ι S Τ Α Ν I N D I A C H I N A AMOR . min PAKISTAN INDIA v ginamuna ARABIAN O GILGIT SLA BEVGA AND AGENCY 52 Gilgit སོ། L P way А LINE m FIRE A Α. A CEASE A KA S H M I R mm for KH Leh КІ Srinagar Τ Ι Β Ε Τ ok À SHMTR Rawalpindi 5 S wil سا JAM MU T A Jammu Sialkot XX.COM XARROS 415900 O - 57 ( Face p. 2276) N NARR DOOR International boundary, demarcated International boundary, undemarcated International boundary, indefinite Jammu and Kashmir boundary Provincial boundary the testing by swasta** eses *** 3 by vetu 12456 10-52 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2277 3 Committee and in the Assembly. Ambassador Lodge stated in the General Committee on Sept. 21, among other things, that "the primary purpose of the of international disputes. We do not believe that the inscription of the Cyprus Bulletin, Oct. 3, 1955, pp. 545-546). The General Committee decided at its 57. INAPPROPRIATENESS OF UNITED NATIONS CON- SIDERATION OF THE CYPRUS QUESTION: United Nations General Assembly Resolution 814 (IX), December 17, 1954 1 The General Assembly, Considering that, for the time being, it does not appear appropriate to adopt a resolution on the question of Cyprus, Decides not to consider further the item entitled “Application, under the auspices of the United Nations, of the principle of equal rights and self-determination of peoples in the case of the population of the Island of Cyprus"? Kashmir 58. SUMMARY OF DEVELOPMENTS IN THE KASHMIR DISPUTE, 1947-1952 (Excerpt) When India and Pakistan attained independence and dominion status on August 15, 1947, the princely state of Jammu and Kashmir was one of about 560 such states whose status was left undetermined, Under the Indian Independence Act, these states could decide whether to join India or Pakistan. For most of these states, geographical proximity to one of the dominions, as well as preponderance of either Hindu or Moslem population, made the decision relatively easy. MU.N. General Assembly, Official Records, Ninth Session, Supplement No. 21 (A/2890), p. 5. In support of the draft resolution in Committee I on Dec. 14, Ambassador Lodge stated that "prolonged consideration" of the Cyprus question in the United Nations would only increase tensions and embitter national feelings at a time when the larger interests of all concerned are best served by strengthening existing solidarity among freedom-loving nations” (Department of State Bulletin, Jan. 3, 1955, pp. 31-32). For background discussion of this issue, see United States Participation in the United Nations: Report by the President to the Congress for the Year 1954 (Department of State publication 5769; 1955), pp. 58–62. * The United States opposed the inscription of the Cyprus matter (item 58) on the agenda of the General Assembly in September 1955, both in the General ” agenda , and the General Assembly upheld the recommendation at its 521st Article by Frank D. Collins, Department of State Bulletin, Oct. 27, 1952, pp. item 102d 2278 AMERICAN FOREIGN POLICY, 1950-1955 1 F to LAS a C I 3 U.N. Security Council, Official Records, Third Year, Supplement for November 1948 (S/1100); ibid., Fourth Year, Supplement for January 1949 (S/1196); ibid, Since Kashmir lies between India and Pakistan and has a mixed population, it became the scene of armed conflict soon after partition În January 1948 the dispute was brought before the Security Council and in this month the Council established the United Nations Com mission for India and Pakistan (UNCIP). A year later UNCIP succeeded in obtaining the agreement of both India and Pakistan to a cease-fire and to the general principles under which a truce (1.e., & plan for the withdrawal of the armed forces from the area) and a plebiscite under U.N. auspices might be carried out. This agreement was formalized in the "UNCIP resolution" of January 5, 1949. On March 21, 1949, the U.N. Secretary-General named Fleet Admiral Chester W. Nimitz as administrator of the projected plebiscite to be held under the terms of the January 5 resolution. During 1949 and 1950 UNCIP, Gen. Andrew G. L. McNaughton of Canada, acting under special temporary authorization of the Security Council, and Sir Owen Dixon 5 of Australia, designated as successor to UNCIP, tried unsuccessfully to bring about a settlement. In January 1951 efforts of the London Conference of Commonwealth Prime Ministers failed to break the impasse on demilitarization , When the Security Council met on February 21, 1951, the United States joined the United Kingdom in submitting a joint draft resolu- tion. The resolution provided for the appointment of another U.N. representative to succeed Sir Owen Dixon and instructed him to effect demilitarization on the basis of the proposals made by Sir Owen, with appropriate modifications, and to present to India and Pakistan detailed plans for carrying out a plebiscite. The representative was directed to report to the Security Council 3 months after undertaking negotiations with the governments on the subcontinent. To accomplish this task the draft resolution authorized the new representative to take into account such possibilities as (1) the prom vision of U.N. Forces to facilitate demilitarization and the holding of a plebiscite; (2) the assignment to the loser in the plebiscite of local areas, contiguous to its frontier, in which the vote had been over whelmingly in the loser's favor; (3) different degrees of supervision as might be appropriate in different areas. Finally, the resolution called upon both India and Pakistan to accept arbitration on all unresolved points which remained after their discussions with the U.N. repre- sentative and which the latter designated as points of difference. Both parties objected to certain parts of the resolution. Pakistan objected to the clause concerning boundary adjustments because i could mean a partial partition and was, in Pakistan's view, a com travention of the January 5, 1949, agreement. India took exception 1 U.N. Security Council Resolution of Jan. 20, 1948 (S/INF/2, July 18, 1949 pp. 21-23). 2 U.N. doc. S/1196, Jan. 10, 1949, pp. 4-6. U mom h I d WI 8. re 0 b P re $ a S. th U PE d re a tr V ti ag CO no No. S// 4 Ibid., Fifth Year, Supplement for January-May 1950 (S/1453), See also ' U.N. Security Council Resolution, Mar. 14, 1950; S/INF/4, Feb. 1951, pp. 11-12. 5 Ibid., Supplement for September-December 1950 (S/1791). NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2279 ked LOD. neil m. CIP to 8 ai 95 2 U.N. doc. S/2375, Oct. 15, 1951. 1 U.N. doc. S/INF/6, Mar. 4, 1952, pp. 4-6. 3 Ibid., annex 2, pp. 41-43. to a number of aspects of the resolution, particularly the provisions for arbitration and for the possible entry of U.N. troops. As a result of the objections by both sides, the United States and the United Kingdom presented on March 21 a revised resolution which directed the U.N. representative to effect demilitarization on the basis of the January 5, 1949 resolution to which both parties had agreed. This new draft, however, retained in its preamble the original reference to 0 the Kashmir Constituent Assembly and also included the arbitration ent provision. Pakistan accepted the resolution, but India rejected it. On The Security Council approved the resolution (S/2017/Rev. 1) on T! March 30, 1951,1 by a vote of 8 to 0 with three abstentions (India, be Soviet Union, Yugoslavia). On April 30 the Council appointed Dr. [Frank P.] Graham, former OD U.S. Senator from North Carolina, as U.N. representative for India the and Pakistan. Thus began the most recent phase of the Kashmir negotiations. These negotiations fall into four periods, at the end ent. of each of which Dr. Graham reported to the Security Council. lth FIRST REPORT, JULY-OCTOBER 1951 On October 15 Dr. Graham submitted his first report to the Security Council.2 When he arrived on the subcontinent in July, he reported, he found an atmosphere of hostility. The press in both India and Pakistan had begun a barrage of charges and counter- ith charges which had given rise to considerable tension. Dr. Graham decided to adopt the procedure of separate, informal conversations with officials of the two governments. On September 7 he submitted ing a 12-point draft proposal on demilitarization to the governments and requested their comments. He was able to obtain the agreement of the parties to four of the 12 points. (It should be mentioned that both parties had previously committed themselves to these four points under the January 5, 1949 agreement.) In addition to reaffirming their determination not to resort to force, to avoid warlike statements, and to observe the cease-fire the parties reaffirmed their led acceptance of the principle that the question of the accession of the red state of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite under U.N. auspices. The points of difference under the remaining eight proposals , according to Dr. Graham, centered around the period of .it demilitarization, the withdrawal of troops, the size of the forces to remain on each side of the cease-fire line, and the question of whether a date should be set for the formal induction of the Plebiscite Adminis- trator. Dr. Graham reported that because of the situation pre- vailing on the subcontinent, he had not been able to effect demilitariza- tion within the prescribed time limit. He added, however, that agreement was still possible, and suggested that the Security Council consider instructing him to implement its decision by continuing the negotiations with the two governments, such negotiations to be OII. ted lu- N. ect tan VAS el 10- of cal er AS T'e 18] 11 01] 149 ber ili 1 2280 AMERICAN FOREIGN POLICY, 1950–1955 1 ] 1 1 { The Indian Government had insisted 4 United States Participation in the United Nations: Report by the President to the Congress for the Year 1948 (Department of State publication 3437; 1949, carried out at the seat of the Council. Dr. Graham suggested that he be instructed to report to the Security Council again within 6 weeks from the time negotiations were resumed. On October 18 Dr. Graham made a statement to the Security Council ' explaining his report and paying high tribute to the late Pakistan Prime Minister Liaquat Ali Khan, who had been assassinated 2 days earlier at Rawalpindi, Pakistan. Later in the month the Security Council moved to Paris, where discussions were resumed co November 10. At this meeting the United States joined the United Kingdom in sponsoring a resolution which noted with approval the basis for a program of demilitarization put forward by Dr. Graham, and instructed him to continue his efforts to obtain agreement on a demilitarization plan. In addition, the resolution instructed Dr Graham to report to the Security Council within 6 weeks, giving his views on the problems confided to him. The resolution was approved by a vote of 9 to 0 with two abstentions (India and U.S. S. R.)? SECOND REPORT, NOVEMBER-DECEMBER 1951 On December 18 Dr. Graham reported the results of his 6-week negotiations at Paris. He stated that his procedure had been, first to try to reach an agreement between the parties on his 12-point proposals of September 7, 1951. Failing this, he hoped to obtain each party's plans for demilitarization under the UNCIP resolutions of August 13, 1948,4 and January 5, 1949, in order to establish the points of difference in interpretation and execution of those resolutions that must be resolved before such demilitarization could be carried out. Under the first point of that procedure Dr. Graham had endeavored to narrow the differences to two fundamental issues: (1) the minimum number of forces to be left on each side of the cease-fire line at the end of the demilitarization period; (2) the date on which the Government of India would cause the Plebiscite Administrator to be inducted into office. On December 7 Dr. Graham presented to the parties a statement and questionnaires relating to these issues. Informal conversations were held separately with the two delegations by Gen. Jacob Deven U.N. military adviser to Dr. Graham. Dr. Graham reported that the disparity between the number and character of the forces which each party proposed should be left at the end of the demilitarization period had been so wide that agreement on the whole plan could not be reached at that stage. In addition, agreement on the important question concerning the date of induction of the Plebiscite Admin- 1 For excerpts from this statement, see Department of State Bulletin, Nov. 4 1951, pp. 740-745. 2 Ú.N. doc. S/INF/6, Mar. 4, 1952, pp. 7-8. 3 U.N. doc. S/2448, Dec. 19, 1951, pp. 8-14. $ t O pp. 250-252; see also pp. 78-79. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2281 reek ment of the Kashmir question? It is not difficult to understand that the explana- thet that the Plebiscite Administrator should be appointed as soon as in 6 conditions in the state permitted of a start being made with the arrangements for carrying out a plebiscite. The Pakistan Govern- urity ment had attached much importance to the appointment of the late Plebiscite Administrator to office "as much in advance of the final day ated of demilitarization as possible.' the Dr. Graham pointed out that agreement had been obtained on 4 I ch more of his 12 demilitarization proposals of September 7, 1951, and ited suggested some revisions of the 4 remaining points, i. e., proposals 5, the 6, 7, and 10. Of these the most significant was his revision of proposal am, 7 on troop numbers; he suggested that ". there will reniain on 11 8 each side of the cease-fire line the lowest possible number of armed Dr. forces based in proportion on the number of armed forces existing on his each side of the cease-fire line on January 1, 1949." ved The Security Council resumed its hearings on January 17, 1952. On that date Dr. Graham formally submitted his report and after dis- cussing his negotiations made a strong plea to India and Pakistan to arrive at a settlement of this long standing dispute. He stated his view that agreement on proposals 7 and 10 (troop numbers and date of ist , appointment of the Plebiscite Administrator) would be the linchpin vint binding all 12 proposals together in an effectively integrated program cain and would prepare the way for the plebiscite. The plebiscite," Dr. sof Graham stated, "would keep the promise made to the people of ents Jammu and Kashmir, who are worthy of the right of their own self- hat determination through a free, secure, and impartial plebiscite.” (U.N. doc. S/PV 570.) He remarked further: red The people of Jammu and Kashmir through a free and impartial plebiscite would signal through the darkness of these times a ray of hope that not by bullets but by ballots, not through the conflict of armies but through cooperation of peoples, is the the enduring way for people to determine their own destiny and way of life On the subcontinent of India and Pakistan today, the place, the time, the oppor- the tunity and the leadership have met in one of the great junctures of human history, for the possible weal or woe of the peoples of the world. Immediately following the introductory statement by Dr. Graham, Jacob Malik, the U.S.S.R. representative, indicated he would like to speak briefly. His statement came after the Soviet Union had main- IS tained a virtual silence for 4 years in the Security Council on the Kash- mir question. After noting that the United States and the United Kingdom had been particularly active in the Council's consideration od of the Kashmir issue, Mr. Malik stated: What is the reason why the Kashmir question is still unsettled and why the plans put forward by the United States of America and the United Kingdom in connection with Kashmir have proved fruitless from the point of view of a settle- 5. ture of an annexationist, imperialist nature, because they are not based on the effort United States of America and the United Kingdom in the internal affairs of Kash- The purpose of these plans is interference by the mir ; the prolongation of the dispute between India and Pakistan on the question of Kashmir and the conversion of Kashmir into a protectorate of the United States D) of America and the United Kingdom under the pretext of rendering it s'assistance through the United Nations.". Finally, the purpose of these plans in connection de ent DIS che ch be ent 11. ed to achieve a real settlement. 2282 1950–1955 AMERICAN FOREIGN POLICY, hi ol T gc DI bi he re K ti of fa ni pl 21 Savage R with Kashmir is to secure the introduction of Anglo-American troops into the territory of Kashmir and convert Kashmir into an Anglo-American colony and a military and strategic base. The United States of America and the United Kingdom are taking all steps to exclude a settlement of the question of the status of Kashmir by means of a free and unconstrained declaration by the people of Kashmir themselves. When in October 1950 it became known that the General Council of the "All Jammu and Kashmir National Conference” had adopted a resolution recommending the con- vening of a Constituent Assembly for the purpose of determining the future shape and affiliations of the State of Jammu and Kashmir, the United States of America and the United Kingdom immediately interfered in the matter so as not to allow the people of Kashmir to decide their own future and determine the affiliations of their country independently. They hastened to foist upon the Security Council a resolution in which it was stated that the convening of a Constituent Assembly in Kashmir and any action that Assembly might attempt to take to determine the future shape and affiliation of Kashmir or any part thereof would not constitute a disposition of Kashmir. The U.S.S.R. representative concluded by proposing the following solution: The U.S.S.R. Government considers that the Kashmir question can be resolved successfully only by giving the people of Kashmir an opportunity to decide the question of Kashmir's constitutional status by themselves, without outside inter- ference. This can be achieved if that status is determined by a Constituent As- sembly democratically elected by the Kashmir people. Both the U.S. and U.K. representatives challenged the Soviet charges. Sir Gladwyn Jebb, the U.K. representative, stated: I should merely like to say that the really extraordinary fantasies apparently entertained by our Soviet friend and colleague in regard to the Kashmir dispute are typical, as I think, of the whole Soviet approach to international problemas . Whatever the dispute' before us, the first thing to do is, it seems, to discover how and why it is part of an anti-Soviet plot designed merely to advance the cause of the ruling circles of the United States and of the United Kingdom with the object of clamping down an Anglo-American domination or dictatorship on & suffering world. Any attempt by the Security Council to deal with the dispute by applying principles of reason must, unless, of course, it is concurred in by the Soviet Government, be viewed in the light of those general principles; and it is by such a process of reasoning, if it can indeed be so termed, that the Soviet Government comes to the conclusion that, for instance, the Kashmir dispute has been invented and subsequently carefully fostered by the diabolical Anglo Americans for the one end of turning Kashmir into an Anglo-American armed camp full of imperialistic troops destined for an eventual invasion of the Soviet Union. No doubt there are people who can be persuaded to believe this, just as there are people who could believe that, for instance, a United Nations mission to totalitarianism or on a Marxist society. It is possible to believe that; and people indeed, can always be found who will believe anything. But when it comes to accusing our friend, Mr. Graham, of being the secret agent of the Pentagon well, that should, i think, cause 'even the most ingenuous to sit up and think and think. Surely the Kashmir dispute is capable of being considered with some degree of objectivity, and surely the dictates of reason, if they are firmly and consistently fostered by this Council, will, one day, succeed in enabling the two great nation involved to agree on a settlement which will be satisfactory to both and which will, or which may, relieve even the Soviet Union of the nightmares which not seem to surround its contemplation of this long-standing dispute. Si ' ದ SE S e f a ( + NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2283 1 A Decade of American Foreign Policy, pp. 783–786. the nda is to free nin and COD. lape rica llow s of nci yin the tea ing ved the er- As- . iet The U.S. representative, Ambassador Ernest A. Gross, associated himself with the remarks of the U.K. representative and further observed: The attacks on Mr. Graham do not merit a reply and do not require a denial. The dispute between India and Pakistan regarding Kashmir is one which my government earnestly hopes to see settled in accordance with United Nations principles and in accordance with agreements already reached between the parties. I think it would serve no useful purpose to continue the debate at this time. The business before the Security Council, as the representative of the United Kingdom has already said, is to give the most careful and respectful consideration to the report which has just been given to us by the representative of the Council. My Government will give it the attention which it deserves. At the meeting of the Security Council on January 30 Sir Zafrullah Khan, Pakistan's Foreign Minister, spoke in part as follows: At the meeting of the Security Council held on January 17, 1952, a representa- tive of the U.S.S.R. referred to certain press reports relating to the granting of military bases in Kashmir to the United States. I wish to state clearly and with authority that these reports relied upon by him for his statement are utterly false and without any foundation whatsoever. We have neither been asked for, nor have we offered, any military or other bases to the U.S. or any other power. . Throughout this controversy, India, Pakistan, and the Security Council have been agreed that the question of the accession of Jammu and Kashmir to Pakistan or India should be decided through the democratic method of a free and impartial plebiscite. This fundamental principle is embodied in the preamble to the Security Council Resolution of April 21, 1948,1 and in clause I of the Commission's Resolution of January 5, 1949. (U.N. doc. S/PV 571.) Sir Gladwyn then stated his Government's view that Dr. Graham pay a further visit to the subcontinent to attempt to bring about a solution of the two outstanding points of difference. Ambas- sador Gross supported this suggestion, as did the majority of the Security Council members. The following day, the Indian representative, Mr. Motilal Setalvad, expressed India's willingness to continue the discussions under Dr. Graham's direction and stated: I have already declared that India is anxious to settle the Kashmir dispute quickly and peacefully. This is so not only because India is anxious that the delay , to determine freely their own future , but also because we most earnestly desire to prepare the way for firm and lasting friendship with our neighbor, Pakistan. It is no less to our interest than to the interest of Pakistan, and tó the interest of the world, that these two countries which have so much in common should live side by side in complete amity, each fully sovereign but both fully and wholeheartedly in cooperation in the pursuit of the common task of peace and progress. This is no language of convention but the free expression of a deep and sincere sentiment. It seems to be the sense of the Council that the negotiations should be continued under the auspices of the U.N. representative to find a settlement of the differences that still divide India and Pakistan over certain parts of Mr. Graham's plan. India has no objection to this course and would cooperate in finding a settlement in the spirit that I have just described. tly should uite ns. ter ise Che 8 ate he s het te a ed et TC to 3D 0 k of J $ (U.N. doc. S/PV 572.) The President of the Security Council, Jean Chauvel, speaking, as the representative of France, stated that "it was the sense” of the 2284 1950-1955 AMERICAN FOREIGN POLICY, 1 ant roi on 2 Security Council that the U.N. representative, acting under the res. olutions of March 30, 1951,' and November 10, 1951, was authorized par without any new decision by the Council to continue his efforts to the fulfill his mission and submit his report, which the Council hoped would be final within 2 months. The Soviet representative objected to this decision and indicated that "if such a proposal or conclusion Fc is submitted to a vote the delegation of the Soviet Union will abstain." THIRD REPORT, DECEMBER 1951-APRIL 1952 de of Following this Security Council debate and some discussions in Paris with the parties, Dr. Graham departed for New Delhi, where he arrived on February 29 and remained until March 25. His third ph report was submitted to the Security Council on April 22, 1952. At New Delhi Dr. Graham continued his previous procedure of separate negotiations with the parties, having concluded that a meet- ati ing with representatives of the two Governments was inadviseble by before sufficient preliminary agreement had been reached to insure ste positive results from a joint conference. This round of negotiations loc had two purposes: To assist the parties in removing the obstacles still blocking agreement on the proposals submitted to them and to ob tain, if possible, further withdrawals of troops from the state of No Jammu and Kashmir on both sides of the cease-fire line. In He reported that the Government of India maintained its position concerning the minimum number of forces to be left on each side of the cease-fire line at the end of the period of demilitarization, i. e, D 21,000 regular Indian army forces plus 6,000 state militia, on ag Indian side and, on the Pakistan side, a force of 4,000 men normally resident in Azad Kashmir territory, half of whom should be followers of of Azad Kashmir. The Indian Government, Dr. Graham stated , pr considered that the questions of a definite period for demilitarization and of a date for the induction into office of the Plebiscite Adminis- de trator could be settled without difficulty, provided agreement was th reached on the scope of demilitarization and the number of forces to remain at the end of the demilitarization period. du Pakistan, Dr. Graham stated, accepted the four remaining points to of his 12-point demilitarization proposals, i. e., 5, 6, 7, and 10, with certain qualifications regarding the character of the forces to be de- pr militarized. In his view the demilitarization of the state had reached a stage at which further reductions of troops were directly related to oi the preparation of a plebiscite. Accordingly, he deemed it necessary that the Plebiscite Administrator-designate should be associated with him in his studies and the consideration of common problems. Dr : th Graham recommended that both parties should undertake to reduce the forces under their control in the state and that the U.N. repre- G sentative's negotiations with the two Governments should be colla tinued with a view to va nu DU ISO SI st re t SE 1 U.N. doc. S/INF/6, Mar. 4, 1952, pp. 4-6. 2 Ibid., pp. 7-8. 3 U.N. doc. S/2611, Apr. 22, 1952. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2285 " U.N. doc. S/2783, Sept. 19, 1952. & res ected sure > (a) resolving the remaining difficulties on the 12 proposals submitted to the rized / parties , with special reference to the number of forces to be left on each side of ts to the cease-fire line at the end of the period of demilitarization, and (1) the general implementation of the UNCIP resolutions of August 13, 1948, oped and January 5, 1949. Tsico FOURTH REPORT, MAY-SEPTEMBER 1952 ain." Dr. Graham, in a letter dated May 29, 1952, informed the Presi- dent of the Security Council that, in agreement with the Governments of India and Pakistan, the negotiations on the question of the state $ in of Jammu and Kashmir had been renewed and that at the appropri- here ate moment he would report to the Council on the outcome of that hird phase of negotiations. His fourth report, submitted on September 16, detailed the recent round of negotiations held at New York and Geneva. He had first et attempted to bridge the remaining differences between the parties able by proposing bracketed figures of 3,000 to 6,000 armed forces on Paki- stan's side and 12,000 to 18,000 on the Indian side to break the dead- ion lock on the number of troops. As he was unable to obtain agreement still on this suggestion, he submitted another draft proposal on September ob- 2 which fixed the figures at 6,000 and 18,000 excluding Gilgit and Northern Scouts on the Pakistan side and the state militia on the Indian side. Pakistan accepted this proposal, with certain reser- convations, India did not. e of Concluding that he could not obtain agreement on fixed figures, . Dr. Graham decided it might be possible for the two Governments to the alls agree on certain principles which could serve as criteria for fixing the number of forces in a conference of civil and military representatives Ters of both sides. Instead of including a fixed troop quantum, his new -ed proposal, presented on September 4, provided that the minimum number of forces to be maintained on each side of the cease-fire line be defined as those "required for the maintenance of law and order and of the cease-fire agreement with due regard to the freedom of the pleb- to | iscite.” In the case of India, the proposal added the phrase "with e regard to the security of the state” and expanded the term “forces” to include "Indian forces and state armed forces." Dr. Graham reported the following reaction of the parties to this le- ed proposal : India, although it believed that the proposal contained "the germs of a settlement," indicated it could not accept any equation of its responsibilities with those of the local authorities on the Pakistan th side of the cease-fire line and insisted that the defense of the entire OT state is the concern of India. Pakistan objected to certain clauses in proposals which it suggested should be eliminated to avoid the recurrence of political controversies. Dr. Graham stated that it was evident after 2 weeks of discussion at Geneva that agreement could not be reached on any of the revised drafts he presented. He attributed the differences in the positions of the parties to their differing concepts of their status in the state and stressed the importance of the induction into office of the Plebiscite 101 DIS- Tas due ats eth to the ce Il- 2286 AMERICAN FOREIGN POLICY, 1950-1955 or - కొల్లా: re January 1949 4 resolutions; Part IV will summarize the negotiations 3 United States Participation in the United Nations: Report by the President to Administrator, a matter which he termed "the heart of the integrated P? program for demilitarization and a plebiscite." He concluded by expressing the view that to reach an agreement on a plan of demill- tarization it is necessary either: (a) to establish the character and number of forces to be left on each side of the cease-fire line at the end of the period of demilitarization; (b) to declare that the forces to remain on each side of the cease-fire line at end of the period of demilitarization should be determined in accordance with the requirements of each area, and, accordingly, principles or criteria should be established which would serve as guidance for the civil and military representatives 34 of the Governments of India and Pakistan in the meeting contemplated in the Provisional Clause of the revised proposals. P 59. FIFTH REPORT BY THE UNITED NATIONS REPRESENT. 35 ATIVE FOR INDIA AND PAKISTAN, MARCH 27, 1933K (Excerpts)? tie 1. In previous reports and statements to the Security Council the United Nations Representative has reviewed the background, the content and the steps in the acceptance of the twelve proposals for a plan of demilitarization of the State of Jammu and Kashmir , first submitted to the Governments of India and Pakistan on 7 September 1951. 2. This report should be read in connexion with the first (S/2375, and Corr. 1), second (S/2448), third (S/2611) and fourth (S/2783) reports of the United Nations Representative. 3. We shall in this report not review again the twelve proposals as a whole but shall concentrate on proposal seven. Differences over proposal seven continue on two issues (1) the number and (2) the character of the forces to be left on the two sides of the cease-fire line at the end of the period of demilitarization. In his efforts to assist the two Governments to reach an agreement the United Nations Representative has made six suggestions for the negotiation of the parties, including the latest exploratory suggestions made in Geneva , În reviewing these suggestions and the present situation the report will be in five parts. 4. Part I will review the suggestions regarding proposal seven Part II will point out the values of the induction of the Plebiscite Administrator into office at an early fixed time; Part III refers to assurances and elucidations regarding the 13 August 19488 and since the meeting of the Security Council on 23 December 1952; and TE 1 Dr. Frank P. Graham. 2 U.N. doc. S/2967, Mar. 27, 1953. pp. 250-252. .4 U.N. doc. S/1196, Jan. 10, 1949, pp. 4-6. 38 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2287 the with be Council informed of any progress.” ated Part V will emphasize the importance to the people of the State, the bor two nations, and the world of an agreement on the Kashmir dispute. led IV A. CONVERSATIONS IN NEW YORK PRELIMINARY TO THE CONFERENCE IN GENEVA ive 34. These conversations were participated in, on the part of India, the by Mr. Rajeshwar Dayal, Minister, Permanent Representative to the United Nations, and Mr. B. Rajan, Adviser; and, on the part of Pakistan, by Mr. Mohammed Zafrulla Khan, Minister for Foreign Affairs, Mr. A. A. Khan, Adviser. 7. 35. On 23 December 1952, following the presentation by the United 953 Kingdom and the United States of America of the joint draft resolu- tion (S/2839), the Security Council at the 611th meeting adopted a resolution (S/2883] which provided, inter alia, that: the "The Security Council the “Endorses the general principles on which the United Nations irst Representative has sought to bring about agreement between the Governments of India and Pakistan; "Urges the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach agreement on the specific number of forces to remain on each side of the cease- fire line at the end of the period of demilitarization, this number the to be between 3,000 and 6,000 armed forces remaining on the Pakistan side of the cease-fire line and between 12,000 and 18,000 armed forces remaining on the Indian side of the cease-fire line, as suggested by the United Nations Representative in his proposals of 16 July 1952 (annex III of S/2783) such specific numbers to be arrived at bearing in mind the principles of criteria contained in paragraph 7 of the United Nations Representative's proposal of 4 September 1952 (annex VIII of S/2783). en; "Requests the Governments of India and Pakistan to report to the Security Council not later than thirty days from the date of the adoption of this resolution; and further requests the United 16 Nations Representative for India and Pakistan to keep the Security or & ber and orts S & Ver ine sist JIS the Vå. ort ite to DIIS und 36. It will be recalled that: India, stated inter alia: Ito () At the meeting of the Security Council of 23 December 1952 flith meeting] referred to above, Mr. Menon, the representative of "The Government of India has already stated that it is unable to accept the draft resolution now before the Security Council. :9) , , 1950-1955 40 1 1 sta by the UNCIP. This basis for the resumption of the negotiations Nations Representative to the President of the Security Council, 2288 AMERICAN FOREIGN POLICY, The Government of India is not prepared to be a party to any talks on the basis suggested in paragraph 7 of the draft resolution . With these explicit reservations, however, the Government of 39 India would, in line with its readiness to explore all avenues leading towards a peaceful settlement, be prepared to join and continue In in any talks in connexion with this dispute. If the Council , in its wisdom, still considers it useful or necessary to proceed with the draft resolution we can only profoundly regret its decision." (6) At another meeting of the Security Council held on 23 Decem ber 1952 [610th meeting), Mr. Zafrulla Khan, the representative of Pa Pakistan, stated inter alia: "I should like to state, once again, that we are prepared to go forward on the basis of the draft resolution now before the Security Council, subject to the suggestions which I made when I last spoke and which might improve the situation, as well as the possibilities of reaching an agreement between the two sides.' 41. 37. The United Nations Representative invited the representatives (1 of India and Pakistan to meet on 12 January 1953 in the United Nations Headquarters in New York, in order to ascertain their att : tudes towards a renewal of the negotiations. At that meeting and 42 in those that followed it was evident that whereas the Government 19 Th of Pakistan was prepared to comply with the resolution of the Security Council of 23 December 1952 and to enter into immediate negotia- tions on that basis, the Government of India remained unable to accept the resolution as the basis for the resumption of negotiations . However, the representative of India confirmed that India was pre- pared “to consider avenues of peaceful negotiations which did not violate the basic principles and standards of the two resolutions of the UNCIP”. 38. Following upon these conversations, the Governments of Indis and Pakistan, on 23 January 1953, agreed that a meeting of repre, sentatives of the two Governments at ministerial level should be held 43 under the auspices of the United Nations Representative for India and Pakistan in the European Office of the United Nations, Geneva UI beginning 4 February 1953, for the purpose of continuing negotiations, on the basis of the UNCIP's resolutions of 13 August 1948 gra and 5 January 1949, bearing in mind the assurances, clarifications and elucidations given to the Governments of India and Pakistan 44 will be without prejudice to a further consideration, should this become necessary, of the twelve proposals of the United Nations (C Representative)." tiF It was agreed also that a communication be sent by the United ple informing the Council of the agreement. 1 See document S/2910. COL the on B im CU 1 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2289 an 50 B, sub-paragraph 3, would take place. cussion would be confined at least in the initial stages to the im- B. CONFERENCE IN GENEVA FROM 4 TO 19 FEBRUARY 1953 any 101. 39. The Conference took place in Geneva from 4 to 19 February 1953. of 40. The delegations of India and Pakistan were composed as follows: ling India: nue Sir Girja Shankar Bajpai, Ambassador, Governor of Bombay, its Leader the Mr. D. P. Dhar, Adviser Mr. V. Shankar, Adviser Mr. J. Kidwai, Adviser of Pakistan: Mr. Mohammed Zafrulla Khan, Minister for Foreign Affairs, Leader Mr. Aftab A. Khan, Adviser rity Major-General K. H. Shakh, Senior Military Adviser oke Lieut. Colonel Mohammed Iqbal Khan, Junior Military Adviser ties 41. The Conference in Geneva may be divided into two different stages as follows: Ives (1) Consideration of the UNCIP resolutions of 13 August 1948 and ited etti . 5 January 1949 5 and 42. The first meeting of the Conference took place on 4 February Lent 1953 and was confined to discussion of the procedure to be followed. rity The United Nations Representative made a statement (see annex III tis to this report] ' in which he stated, inter alia: to "I should like to propose that we start with the examination of the resolution of 13 August 1948, part by part. In this way we may determine to what extent the resolution has already been implemented, and define, as completely as possible, the obstacles sof which have until now impeded the implementation of those parts which have not yet been carried into effect. I hope that with dis regard to each of such obstacles it will be possible for the Govern- ments concerned to indicate the conditions under which the ob- eld stacles might be removed." dia 13. It was agreed that (a) the discussion would start with the consideration of part I (Cease-fire order) of the resolution of the the UNCIP of 13 August 1948, followed by part II (Truce agreement) of that resolution, and (b) the discussion of part II would be initiated with consideration of paragraph A, sub-paragraphs 1 and 2, and para- graph B, sub-paragraphs 1 and 2, and then, if agreement were reached on those points, examination of paragraph A, sub-paragraph 3, and 24. The representatives of India and Pakistan, assuming that part I 125 Cease-fire order) of the UNCIP's 13 August 1948 resolution had been implemented, began discussion of part II. After the two representa- ied tives had expressed their points of view, it was agreed that the dis- cil , ns. Ore- not re- V& 348 DUIS 1,21 DS Not reprinted here. 415900-57-01. 2-41 2290 AMERICAN FOREIGN POLICY, 1950–1955 P and order. The Commission will have observers stationed Azad Kashmir forces cannot be differentiated from the Pakistae Army of which they are, for all practical purposes, an integra of 13 August 1948. The discussion was confined to paragraph A, sub-paragraphs 1 and 2, and paragraph B, sub-paragraphs 1 and ? which read as follows: UNCIP's resolution of 13 August 1948 "PART II “Truce agreement "A "1. As the presence of troops of Pakistan in the territory & the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State. "2. The Government of Pakistan will use its best endeator to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting. “B "1. When the Commission shall have notified the Governa ment of India that the tribesmen and Pakistani nationals Ye ferred to in part II, A, 2 hereof have withdrawn, thereby termi . nating the situation which was represented by the Government of India to the Security Council as having occasioned the pre- sence of Indian forces in the State of Jammu and Kashmir , and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agret to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission. 2. Pending the acceptance of the conditions for å fical settlement of the situation in the State of Jammu and Kashmi the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the Commission are considered necessary to assist the local authorities in the observance of Ley where it deems necessary.' 45. The positions of India and Pakistan in regard to the implements tion of this part of the resolution were summarized by the two repre- sentatives as follows: India “As regards the implementation of B. 1 and 2 of Part II of the Resolution of the 13th August, 1948, India's position is that the , , 46 tin se tii SO to sti en 47 th of NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2291 h nd 2 rydd Lange nt of t of hmi dent ng. part, and that their numbers, equipment and efficiency constitute a threat to the security of the State. The implementation, there- fore, by Pakistan of A. 1 and 2 of Part II of the resolution will not materially diminish this threat which is aggravated by the ease with which, owing to the proximity of Pakistan's military canton- ments, these forces could be quickly reinforced by the Pakistan army. So long as agreement regarding the complete disbanding and disarming of the Azad Kashmir forces is not reached, a truce agreement cannot create the conditions for a final settlement of the situation in the State of Jammu and Kashmir'. India is, therefore, unable to accept any reduction of its present forces except as part of an overall arrangement which includes not only the withdrawal of Pakistan troops, tribesmen and Pakistan nationals not normally resident in the State who have entered for the purpose of fighting but also agreement on the measures to be adopted for the complete disbanding and disarming of the Azad Kashmir forces" (see annex IV, appendix). Pakistan "It will be seen that under the resolution the withdrawal of Pakistan troops is contingent upon the withdrawal of the "bulk” of the Indian Army (clause B (1)). The UNCIP had explained that 'synchronization of the withdrawal of the armed forces of the two Governments will be arranged between the respective High Commands and the Commission'. (See paragraph 10 of appendix I to the Commission's letter dated 27th August 1948 to the Foreign Minister of Pakistan). "It was reaffirmed by the Pakistan Delegation on 5 February 1953 that once a satisfactory truce agreement based on the above principles was arrived at, the Government of Pakistan would proceed to fulfill all the obligations that devolved on it. "The problem thus resolved itself into one of securing India's agreement to withdraw the bulk' of its forces from the State of Jammu and Kashmir as provided for in Part II of the 13 August 1948 resolution” (see annex V, memorandum, paras. 4 and 5)... 46. The results of the meetings and conversations with the representa- tives separately on this approach led the United Nations Repre- sentative to the conclusion that agreement was not possible at that time between the two Governments on a truce agreement based solely on part II of the 13 August 1948 resolution and it appeared to him that the same difficulties that existed as early as 1949 were still the main obstacles in the way of carrying out the commitments Teri Sre ermi ment pre- and 1 the grees te in final imi, sting of its ered lar oned inta- pre- embodied in part II. the 47 The United Nations Representative did not feel he could continue this approach as the figures of troops proposed by the Government of India for the withdrawal of the bulk of their Army were not such the stay ? Not reprinted here. GTA! 2292 AMERICAN FOREIGN POLICY, 1950–1955 TE at tă PI SI ni over four years for the fulfilment of the promise of a plebiscite under be fulfilled for and by the people of this most ancient, beautiful and as he could sponsor with Pakistan; nor were the figures suggested h by Pakistan negotiable with India. 48. It was clear to the United Nations Representative, that this 5 approach would not lead to any fruitful result and, in accordance with the terms of reference agreed upon between the two Gover- ments for the Conference, further consideration of the twelve proposal ensued. (2) Further consideration of the twelve proposals 49. As the United Nations Representative has pointed out and as it was borne out in the last discussions in the Security Council, the main 5 problem under the programme of demilitarization was the question dealt with under paragraph 7 of his twelve proposals, that is to say, the number and character of forces to remain on each side of the cease-fire line at the end of a period of demilitarization. 50. The United Nations Representative, having met separately with the representatives of India and Pakistan to discuss with each their positions on this important matter, presented on 14 February 1953 to the two representatives for discussion, proposals (see annex II to this report] 1 which contained, inter alia, in paragraph 7 specifice figures for the forces on each side of the cease-fire line at the end of the period of demilitarization. The revised text of paragraph 7 appears in annex II. 51. The positions of the representatives of India and Pakistan on these proposals were set forth in their communications of 17 February 1953 (annexes IV and V to this report]. [For the position of India, see annex IV, memorandum.] For the position of Pakistan, see annex V, memorandum, para. S. 52. After thorough consideration of these communications and further conversations with the representatives of India and Pakistan the United Nations Representative felt that there was no ground let at that stage on which to continue the conference and therefore , in agreeement with the two representatives, he decided to conclude it V. IN VIEW_OF THE CONTINUING DISAGREEMENT, IT IS TIMELT AGAIN TO RECALL THE VALUE OF AN AGREEMENT TO THE PEOPLE OF (A) THE STATE, (B) THE Two NATIONS AND (C) THE WORLD A. Values to the People of the State 53. The people of the State of Jammu and Kashmir have waited the West look for an example from the top of the subcontinent.in Jammu and Kashmir, that an agreement for a plebiscite will soom 1 i Not reprinted here. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2293 this Terl. osals as it ears ested historic state. Renewed physical and spiritual energies would be released by an agreed settlement of this dispute. 54. The meaning of this new freedom would shine across the earth lance from the top-most roof of the world, brightening the lives of the people in the hills and valleys, fields and forests, the homes and schools, mosques and temples, the shops and workplaces, beckoning near and far to all people struggling to be free. B. Values to the People of the Two Nations nain 55. An agreement would have many positive values to India and stion Pakistan: sap, the (1) The two Governments, without prejudice to their concep- tions and claims, would by the reconciliation of their long main- tained differences over Kashmir, take a decisive and co-operative with step forward, rather than continuing to the point of possible their catastrophe, a disagreement over the ways for the carrying out 1953 of these four-year-old agreements which provide for the de- 11 termination by the people of Jammu and Kashmir of their cific relation to India and Pakistan. the (2) The dispute over Kashmir would be settled by a constructive peace and not by force of arms or the attrition of years, with their attendant international bitterness and their running sores nese drawing off the higher interests and energies of two peoples. 953 (3) Settlement of the Kashmir dispute might contribute to the settlement of the disputes over evacuee property and water- ways, with all the meaning of these steps to the morale, and the 9. productive programmes of these historic peoples, most ancient and on the earth, yet youngest in the hopes and dreams of their new liberation, and most resolute in the faith and courage of Lan, their dedicated leadership. C. Values to the People of the World 56. The universal yearning of the people for peace is today con- fronted with the high potentials of the world for war. The peoples of the sub-continent have an unprecedented opportunity for pro- viding the leadership, setting the example and mayhap turning the direction of human affairs, away from the tendencies to self-destruc- tion, to the ways of self-determination, peace and co-operation. The settlement of the Kashmir dispute, with its implications for the der 400,000,000 people of the sub-continent, might set in motion the beginnings of a counter chain reaction of peace, production and hope. The warmth of human brotherhood may yet melt away the hard divisions between the peoples in their hopes for freedom and peace left it. SLI PLE RLD ted nd iD OU med in the world. 57. Instead of the United Nations Representative continuing to report differences to the Security Council, may the leadership of over 400,000,000 people, with the good will and assistance of the United Nations, join in negotiating and reporting an agreement on 2294 AMERICAN FOREIGN POLICY, 1950–1955 } I they I 1 Я S b t e A. As far as I know, all the world regards it as a Portuguese prot- 1 Department of State Bulletin, Aug. 15, 1955, p. 263. See also communiqué Kashmir and thereby light a torch along the difficult path of the people's pilgrimage toward peace. 58. Out of the East, the cradle of civilizations and the home of gresi spiritual faiths, would come again the example to the nations and the call to all peoples for demilitarization, self-determination, and co-operation in great programmes for education, health, production and peace on all the earth. (Negotiations concerning the disposition of Kashmir were subse quently conducted bilaterally between Pakistan and India without the benefit of the presence of a United Nations Representative.] Goa 60. PEACEFUL SETTLEMENT OF THE GOA CONTROVERSI: Statement by the Secretary of State at a News Conference, August 2, 1955 1 At his news conference on August 2 Secretary Dulles was asked if he would comment on the tension over the Portuguese colony of God on the west coast of India since India and Portugal have broken off relations over the dispute and some members of the Indian Parliament have demanded limited war. In reply, the Secretary made the following statement: The United States is concerned with tension in that area as it is with tension in any area. It has always been our policy to favor the settlement of disputes by peaceful means. That is, of course, principle which is expressed in the charter of the United Nations That applies to Goa as well as to any other place in the world. W are pleased to note that, as I recall, Prime Minister Nehru affirmed that principle for his own Government, and I am confident that that is also the view that will be taken by the Government of Portugal . 61. DEVELOPMENTS IN THE GOA CONTROVERSY: Transcript of a News Conference of the Secretary of State, December 6, 195 (Excerpts) 2 Q. Mr. Secretary, does this Government regard Goa as a Portugues province? ince. It has been Portuguese, I think, for about 400 years. supra, p. 1689. 2 Department of State Bulletin, Dec. 19, 1955, pp. 1007-1008. W 1 8 E NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2295 1 Communiqué of Dec. 2, 1955; supra, p. 1689. ubse it the is he of the Q. Mr. Secretary, did you say "province" or "colony''? A. Province. great Q. Mr. Secretary, in connection with Goa, is there any question that s and the NATO commitment could possibly cover Goa or any of the other and ction , Portuguese possessions in Asia or in that part of the world? A. That part of the world is definitely outside of the North Atlantic Treaty area. Q. Mr. Secretary, in your statement in connection with the visit of the Portuguese Foreign Minister and your reference to the Portuguese prov- inces I were you attempting to give support of the United States to the Portuguese position in the controversy with India, or just what was your purpose in making that reference? A. Well , you will recall that in an earlier statement, which I made I think the early part of August 2 I indicated the interest of the United States in a peaceful solution of the problem. The statement RSY: which was issued here the other day was primarily a statement directed against the introduction of hate and prejudice into a situation which igust needs to be dealt with in a spirit of calm. We did not take, or attempt to take, any position on the merits of the matter. We did jointly express our concern at the atmosphere of hatred and prejudice which Was sought to be created out of it. P. Mr. Secretary, you said that all the world regards it as a Portuguese unde province . India does not, apparently, and I wondered whether or not there had been any exchanges since this statement was made between your it is Government and the Indian Government. the A. I do not think that the Indian Government questions the status of these various portions of territory that are governed by Portugal as being under Portuguese law "provinces." I believe that they are W such under the Constitution of Portugal and that the residents of these areas, which include not merely Goa but several others, such as bat Macao, have the full rights of Portuguese citizens. They can be I. elected to office and serve in Portugal and also elsewhere. "I do not think there is any particular controversy about the status of those areas under the Constitution of Portugal. Q. And you include Goa in that? A. Goa, and there are two other points I think in India and there is the province of Macao off the China coast. I think their status is all the same under the Portuguese Constitution. f. Mr. Secretary, did you have any idea that this reference to Portu- quese provinces would stir up the tempest that it did in India when you n the over 8 , Ons ript 955 est T. included it in the statement? : Statement of Aug. 2, 1955; supra. 2296 AMERICAN FOREIGN POLICY, 1950–1955 C 11 0 W On March 1, 1951, the French A. Well, we did give it very careful consideration. The commi- niqué was not lightly issued. But we did feel that it was appropriate and right to indicate our attitude toward the emotionalism which was sought to be created by the Soviet rulers when they were in India. They were not in India at that time but had just left forb Burma. But the creation and fomenting of that atmosphere db hatred was something we felt we should express ourselves against, f Q. Mr. Secretary, are you saying, in effect, that the United States i against the settlement of this incident between Portugal and India on any other than peaceful grounds but that the United States is not taking side on how it should be settled? P A. As you know, we have been strongly advocating the principles that these situations should not be settled by force. That generali approach has, I think, been sympathetically shared by Prime Minister til Nehru. We have taken that position in relation to all these situations where there are national claims that conflict. We did not think they should be settled by force. And we had the feeling that the state ti ments which were made by the Russians in relation to this matter V were designed to create an atmosphere which might generate efforts to invoke force. That was our objection, b to G. DEVELOPMENTS IN AFRICA th Morocco 62. RIGHTS OF AMERICAN NATIONALS IN MOROCCO : : Statement by the Department of State, June 29, 1951 In October 1950 the Government of the French Republic instituted proceedings against the United States in the International Court of Justice concerning the rights of American nationals in Morocco ! The Court subsequently set time limits for the filing by the two Government filed its Memorial with the Court. The United States Counter-Memorial was due on July 1, 1951. The case before the International Court involves the interests of both France and Morocco as well as of the United States. of Fez of 1912 4 established a protectorate by France over Moroceo , 1 Department of State Bulletin, July 30, 1951, p. 179. 2 Petition of Oct. 28, 1950; ibid., Dec. 11, 1950, pp. 951-953. 3 See ibid., Jan. 8, 1951, p. 79. * Treaty of Mar. 30, 1912; British and Foreign State Papers, vol. 106, PP. 1023-1024. CF n t 3 The Treaty NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2297 Orders, 1952, pp. 178–213. Morocco, to the American Chargé d'Affaires at Tangier, setting forth the action being taken to implement the Court's opinion, see ibid., p. 623. mame pursuant to which Morocco is represented in foreign affairs by France. priate The French Memorial, and the French application instituting pro- whici ceedings , had not specified whether the French Government brought ere in this case on behalf of France, on behalf of Morocco, or on behalf of it for both countries. The United States Government is concerned that red both France and Morocco, as well as the United States, should be ainst. parties to the case before the International Court and should be bound by the Court's judgment. Since the French written pleadings Etes i had not made clear whether the moving party or parties were France, Morocco, or both, the United States Government sought in discussions sides with the French Government, beginning April 23, 1951, to have this point clarified prior to the filing of this Government's Counter-Memo- ciples rial. However, representatives of the French Government informed neral representatives of the United States Government on June 9, 1951, nister that the French Government was not prepared to make any formal tion statement concerning the identity of the parties in whose name and ther on whose behalf the present case has been brought. The representa- tate tives of the French Government stated that the application and the atter Memorial did not require clarification. Accordingly, last week the forts United States Government filed with the Court, pursuant to its rules , a preliminary objection asking the Court to rule on the identity of the party or parties which had instituted the proceedings and which would therefore be bound by the judgment of the Court in the case. The United States wishes to secure an authoritative determination by the Court on the rights of American nationals in Morocco pursuant to treaties governing the obligations between France, Morocco, and the United States. This Government is naturally anxious that the case proceed without unnecessary delays, and indeed regretted the necessity of filing a preliminary objection. It is hoped, nevertheless, that the issue raised in the preliminary objection may be disposed of promptly and that it will then be possible to proceed without delay to subsequent phases of the Moroccan case.? CO: 1. For the text of the preliminary objection (June 15, 1951; filed June 21), see the Department of State Bulletin, July 30, 1951, pp. 179-181. The French Government presented to the International Court of Justice on ited July 28 , 1951, observations and submissions on the U.S. Government's preliminary objection of June 15, 1951 (ibid., Dec. 17, 1951, pp. 978-982). As a result of clarification which followed from an exchange of correspondence between the co. U.S. and French Governments and between the two Governments and the Court wo Registrar, the U.S. withdrew its preliminary objection in October 1951, upon the nch French Government's declaration that it was acting both on its own behalf and is the protecting power of Morocco. The proceedings on the merits were then resumed upon filing by the U.S. of a counter-memorial on Dec. 20, 1951 (not printed). Following the filing of a French reply on Feb. 15, 1952, a U.S. re- of joinder on Apr. 18, 1952, and public hearings held at The Hague, July 15-26, aty 1952, the Court rendered its decision on Aug. 27, 1952. For the Court's decision, COM of International Court of Justice, Reports of judgments , Advisory Opinions and For an article Joseph 620-623. For the note of Oct. 2, 1952, from the French Resident at Rabat, t of tes op 2298 AMERICAN FOREIGN POLICY, 1950–1955 Dec. 15, CO au m- the resolution, see Department of State Bulletin, Dec. 19, 1955, pp. 1040-1041. 63. FREE POLITICAL INSTITUTIONS FOR MOROCCO: United 6 Nations General Assembly Resolution 612 (VII), December 19 1952 1 The General Assembly, Having debated the “Question of Morocco”, as proposed by thirteen M Member States in document A/2175, to Mindful of the necessity of developing friendly relations M among nations based on respect for the principle of equal rights and self determination of peoples, Considering that the United Nations, as a centre for harmonizing the actions of nations in the attainment of their common ends under the Charter, should strive towards removing any causes or factors of misunderstanding among Member States, thus reasserting the general principles of co-operation in the maintenance of international peace pe and security, 1. Expresses the confidence that, in pursuance of its proclaimed poli. cies, the Government of France will endeavour to further the funda- mental liberties of the people of Morocco, in conformity with the Purposes and Principles of the Charter; 2. Expresses the hope that the parties will continue negotiations on an urgent basis towards developing the free political institutions of the people of Morocco, with due regard to legitimate rights and interests 65 under the established norms and practices of the law of nations; 3. Appeals to the parties to conduct their relations in an atmosphere of goodwill, mutual confidence and respect and to settle their disputes in accordance with the spirit of the Charter, thus refraining from any acts or measures likely to aggravate the present tension. do 1 U.N. General Assembly, Official Records, Seventh Session, Supplement No. 9 (A/2361), p. 5. For a statement by the U... representative in Committee Ion de Jan. 5, 1953, pp. 33-34. He said, among other things: "We have faith in the peoples and Governments of France and Morocco who must and will work out their destinies together." The General Assembly adopted a further resolution on the Morocco question on Dec. 17, 1954 (Res. 812 (IX)), which in substance C expressed confidence that a satisfactory solution would be achieved by the two peoples concerned, and decided to postpone for the time being further considera tion of this item; 'U. N. General Assembly, Oficial Records, Ninth Session, Sur plement No. 21 (A/2890), p. 5. For statements by Ambassador Lodge on resolution on Dec. 13, 1954, in the General Assembly, favoring its adoption, wie Department of State 'Bulletin, Jan. 3, 1955, pp. 28-30. The General Assembly adopted an identical resolution (911 (x)) on Dec. 3, 1955; U. N. General Assem bly, oficial Records, Tenth Session, Supplement No. 19 A/3116), pp. 3-4. Fa B a statement by Ambassador Lodge on Nov. 28, 1955, in Committee I favoring ne ac m this 80 ret 0 (A an pp Per mt 1 lie NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2299 teen 5 on 1 Department of State Bulletin, Nov. 28, 1955, p. 894. Sultan Mohammed Item 60, pp. 1-4. ited 64. RETURN OF SULTAN MOHAMMED BEN YOUSEF (MO- 19 . HAMMED V) TO MOROCCO: Statement by the Department of State, November 18, 1955 1 The U.S. Government welcomes the return of Mohammed V to Morocco and on this anniversary of his accession to the throne wishes to extend warm and friendly greetings to him and the people of Morocco. Long self- His Majesty's return marks a significant step in the development of cooperation between Morocco and France. While there are many zing problems yet to be worked out, the degree of concession and the der friendly spirit which are demonstrated by both French and Moroccans sot augur well for success in working out mutually satisfactory arrange- eral ments. It is earnestly hoped that such arrangements will lead to the cace peace and prosperity of the Moroccan community. poli- da- the Tunisia the ests 65. FREE POLITICAL INSTITUTIONS FOR TUNISIA: United Nations General Assembly Resolution 611 (VII), December 17, 19522 uites any The General Assembly, Having debated the question proposed by thirteen Member States in document A/2152, Mindful of the necessity of developing friendly relations among e the nations based on respect for the principle of equal rights and self- determination of peoples, Considering that the United Nations, as a centre for harmonizing the ation actions of nations in the attainment of their common ends under the Charter , should strive towards removing any causes and factors of misunderstanding among Member States, thus reasserting the general Su principles of co-operation in the maintenance of international peace ring returned from exile in October 1955 and was recognized by France again as Sultan on Nov. 5, 1955. He returned to Rabat on Nov. 18 as Sultan Mohammed V. a. General Assembly, Oficial Records, Seventh Session, Supplement No. 20 and the United States position, see Department of State Bulletin, Apr. 28, 1952, United Nations: Report by the President to the Congress for the Year 1962 (Depart- ment of State publication 5034; 1953), pp. 69-73. here 2. 20 the out ance UFO lers- this and security, Sea ably sem. For 041 . (A/2361 2300 AMERICAN FOREIGN POLICY, 1950–1955 French Government and the Tunisian leaders reached an agreement whereby rele enti by the President to the Congress for the Year 1953 (Department of State publication the 2 Department of State Bulletin, Aug. 22, 1955, p. 301, On June 3, 1955, the 1. Expresses its confidence that, in pursuance of its proclaimed policies, the Government of France will endeavour to further the effec tive development of the free institutions of the Tunisian people, in conformity with the Purposes and Principles of the Charter; 2. Expresses the hope that the parties will continue negotiations on 67 an urgent basis with a view to bringing about self-government for Tunisians in the light of the relevant provisions of the Charter of the United Nations; 3. Appeals to the parties concerned to conduct their relations and settle their disputes in accordance with the spirit of the Charter and to 1 refrain from any acts or measures likely to aggravate the present tension." pre 66. INTERNAL AUTONOMY FOR TUNISIA: Statement by the We Secretary of State at a News Conference, August 10, 1955? follo It is a source of much satisfaction to the United States that France Alg and Tunisia have agreed upon conventions which provide a new frame- work for close cooperation between the French and Tunisian com- W munities. It is significant that agreement on these conventions was whi reached through negotiations on a basis of equality between the parties directly concerned. France and Tunisia may take real satis- faction and pride in the achievement of this agreement. The manner in which the agreement was reached, the impressive of t. majorities by which both Houses of the French Parliament approved the conventions, and the extensive support they have received in Tunisia indicate a common realization of the need for continued ante Algo cooperation. The Franco-Tunisian negotiations demonstrate that mutually satis . com to w factory progress can be made on such difficult problems if they are deals Nov with in time by the parties concerned with determination, realism, and good will. 1 The General Assembly adopted a resolution on Dec. 17, 1954 (813 (IX)), which noted with satisfaction the negotiations then in progress between the parties com cerned, expressed confidence that the negotiations would bring about a satisfa T tory solution, and decided to postpone for the time being further consideration of this item; ibid., Ninth Session, Supplement No. 21 (A/2890), p. 5. For the cont falls resolution, see Department of State Bulletin, Jan. 3, 1955, pp. 30–31. For the Tunisian question, see United States Participation in the United NationsReport Le , . Free item Deco true & SC sou Asse char men does conf p. 730. thin cour . Tunis, Mohammed Amin, Tatified and sealed the convention restoring internal sites omy to Tunisia, and the documents were exchanged and deposited in Paris et Aug. 31 1H D Gene inseri 3 8 NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2301 inscription of the Algerian question. Ter ܕ 10 nice me- Let me say this final word. conflict with the provisions of article 2, paragraph 7. think that this danger is inherent in the pending question. Now, General Assembly rejected the General Committee's recommendation against Department of State Bulletin, Oct. 10, 1955, p. 582. On Sept. 30, 1955, the med Algeria 301 67. COMPETENCE OF THE UNITED NATIONS IN RELATION for TO THE ALGERIAN QUESTION: Statement by the United the States Representative at the United Nations. Before the General Assembly, September 30, 19552 and ito Mr. President, we believe the Assembly should bear in mind certain centrelerant factors as it decides whether to inscribe in its agenda the item entitled "The Question of Algeria.” Remembering that a vote on the inscription of an item is without prejudice to the ultimate question of the Assembly's competence, the we must nevertheless in this particular case take into account the following: Unlike Morocco and Tunisia, which are French protectorates, Algeria under French law is administratively an integral part of the French Republic. We have noted in the explanatory memorandum (Document A/2924) the which has been submitted by the members that have proposed the Item respecting Algeria that it is stated that "there is an imperative Deed for negotiations between the Government of France and the SITE true representatives of the Algerian people" and that consideration ved the Algerian question by the General Assembly would facilitate 8 solution by making the need for negotiation evident. We have noted further that reference is made to the right of the people of Algeria to independence as well as to the concern of the international tis community in a prompt solution of the Algerian problem, a concern to which the French Government is claimed to have failed to respond. Now , Mr. President, this memorandum indicates clearly that what is sought by the sponsors of the item is the sanction of the General assembly to a course of action intended to bring about fundamental changes in the composition of one of the General Assembly's own members , that is, the French Republic. If it doesn't mean that, it The United States believes that the proposed item, viewed in the antext of this action proposed to be sought in the General Assembly, els within the provisions of article 2, paragraph 7, of the United of course , this Assembly can vote as it wishes, but we should be com- was tis- II ved aich 200 fat tion doesn't mean anything. ate the the Nations Charter. the port 101 53 aby id 00 OD 3 Supra, p. 136. 2302 AMERICAN FOREIGN POLICY, 1950-1955 8 it 8: fi P 0 L ti 94 L National Assembly as contemplated by the United Nations. On this momentous occasion I wish to express to Your Majesty my congratulations for a notabile For statement of Ambassador Lodge in support of the drait 3 Res. 289 (IV); U.N. General Assembly, Official Records, Fourth Session, pletely clear in our own minds as to just exactly what it is that we are doing For these reasons, the United States will vote to support the recom- mendation of the General Committee that this item not be included in the agenda. 68. INAPPROPRIATENESS OF UNITED NATIONS CONSIDERA TION OF THE ALGERIAN QUESTION: United Nations General Assembly Resolution 909 (X), November 25, 1955 1 The General Assembly Decides not to consider further the item entitled "The question of Algeria” and is therefore no longer seized of this item on the agenda of its tenth session. Libya 7 69. RECOGNITION OF THE UNITED KINGDOM OF LIBYA: Statement by the Department of State, December 24, 1951 The United Kingdom of Libya on December 24 proclaimed its independence pursuant to a United Nations General Assembly resolu- tion of November 21, 1949, 3 and the Government of the United States is extending full recognition to the new Government. The American Consul General at Tripoli, Andrew G. Lynch , S informed the Libyan Foreign Minister of the recognition of his Government by the United States and of the elevation of the American Consulate General to the status of legation. Mr. Lynch will serve chargé d'affaires ad interim until a Minister arrives. fo Following is the text of a message from President Truman to King Idris I of Libya on the declaration of the independence of Libya: The announcement today that all powers have been transferred to the Gover! ment of Libya and that Your Majesty, as King, has proclaimed the independen of Libya is a significant fact of historical importance not only to the people Libya but to the entire community of free nations. The United States of Ameris h strongly supported the decision of the General Assembly of the United Nations that Libya should become an independent state. Therefore, it is gratifying stitution determined by the representatives of the people of Libya meeting to 1 U.N. General Assembly, Official Records, Tenth Session, Supplement. Nou (A/3116), p. 3. resolution, see Department of State Bulletin, Dec. 12, 1955, p. 992. 2 Ibid., Dec. 31, 1951, p. 1057. a a. 0 t n Based on 1 Resolutions (A/1251), pp. 10–13. NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2303 COM ? Treaty of Aug. 26, 1936; British and Foreign State Papers, vol. 140, pp. 179.ff. 3 Agreements of Jan. 19, 1899, and July 10, 1899; ibid., vol. 91, pp. 19-22. achievement and to extend to Your Majesty and to the Libyan people the hand of at we friendship of the people of the United States of America. Message from Secretary Acheson to the Foreign Minister of Libya: luded It was with great satisfaction and pleasure that I received your telegram today announcing the proclamation of Libyan independence. My Government deems it a great privilege to have been associated with United Nations action which assisted the Libyan people in determining a constitution and establishing an BRA independent government. The Government of the United States of America looks forward with pleasure to the establishment of mutually beneficial and neral friendly relations with the Libyan Government, which it welcomes to its rightful place among the sovereign states of the world. I shall take the first opportunity, on behalf of my government, to urge that immediate action be taken to admit Libya to membership in the United Nations. I send my heartiest congratula- tions to Your Excellency and to members of the Libyan Government and may I onol ask that ask that you convey to His Majesty, King Idris I, and through him to the people of enda Libya, an expression of the friendship of the people of the United States of America. Sudan 70. EGYPTIAN ABROGATION OF CONDOMINIUM IN THE BYA: 1? SUDAN: Statement by the Secretary of State, October 10, 1951 1 dits The American Embassy in Cairo has confirmed that the Egyptian Prime Minister on October 8 introduced in the Egyptian Chamber of solu Deputies draft legislation which would abrogate the Anglo-Egyptian tates treaty of 1936 ? and the Anglo-Egyptian condominium agreements of nich , 1899, which provide for joint Anglo-Egyptian administration of the The parties directly involved are the United Kingdom and Egypt and, in the case of the 1899 agreements, the Sudanese people as well . However , these matters are also of general concern to the free world King for they affect the security and defense of the important Middle East : None of the agreements in question provides for abrogation. The U.S. Government believes that proper respect for international de obligations requires that they be altered by mutual agreement rather than by unilateral action of one of the parties. Furthermore, it should be noted that procedures wholly in accord with such respect for inter- ng national commitments have already been set in motion. During past months, new proposals to be offered to Egypt have been under consideration and the Egyptian Government had been informed that proposals were to be presented to it within the next few days. It is the belief of the United States that a solution to the Anglo- Egyptian question can be found through these proposals. The United Department of State Bulletin, Oct. 22, 1951, p. 647. Sudan. TICHI ve area. vern nerica tion COD ins utous table 0. dralt 55401 2304 AMERICAN FOREIGN POLICY, 1950-1955 如​假 ​CO K March 19, 1953, and has been accorded by the President the personal Department of State Bulletin, Feb. 23, 1953, p. 306. A similar note was sent 3 Department of State press release 154, Mar. 23, 1953 (see also Department of States considers that the new proposals shortly to be presented to the Egyptian Government should serve as a sound basis for an agreement which will not only satisfy the interests of all parties concerned but also contribute to the defense of the free world in which the Middle East plays such an important role. 71. ANGLO-EGYPTIAN AGREEMENT ON THE SUDAN: Note From the Secretary of State to the Foreign Minister of Egypt , February 14, 1953 1 The United States is gratified that an agreement on the Sudan has been arrived at by Egypt and the United Kingdom. This is a truly 73 important occasion. It affords an opportunity for me to express my Government's pleasure at the spirit in which these difficult negotiations were carried out. My Government trusts that the same spirit of good will and cooper&- tion will characterize the transitional period preceding the decision by th the Sudanese people of their future status. The amicable resolution ор of this long outstanding question goes far toward creating an atmos- phere of mutual understanding and trust in the Near East which can tic only result in great benefits for all the nations of the free world. My Government continues to follow with interest and sympathy the progressive attitude and energetic efforts of the Government of lu General Naguib to meet and overcome the internal problems which 11 face the Egyptian people. The United States wishes the Egyptian Government every success in its efforts. in AL 72. UNITED STATES PARTICIPATION IN THE MIXED ELEC TORAL COMMISSION FOR THE SUDAN: Statement by the Co Department of State, March 23, 1953 (Excerpt) 3 pr th In reply to requests received from the Governments of Egypt and tei the United Kingdom, the Government of the United States has agreed to participate on the Mixed Electoral Commission for the Anglo- D Egyptian Sudan. Mr. Warwick Perkins, a Foreign Service Career Officer of Class One, has been nominated as United States representer th tive on the Commission. Mr. Perkins departed for Khartoum of Su rank of Minister for the duration of his service on this Commission . The Anglo-Egyptian Agreement of February 12, 1953 Sudan provided for the election of a Sudanese Parliament as a step on the same day to the British Foreign Secretary. 2 Agreement of Feb. 12, 1953; British Treaty Series 47 (Cmd. 8904). CO ind 4 on the UI in 1 WE D State Bulletin, Apr. 6, 1953, p. 493). 4 British Treaty Series 47 (Cmd. 8904) NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2305 1 Ons Ta- 101 0S- Call plebiscite provided in the agreement of Feb. 12, 1953. independent state. Three days later, the Senate concurred. United Kingdom and Egypt recognized Sudanese independence. (A?2361), p. 9. The U.S. representative introduced the above draft resolution Department of State Bulletin, Dec. 22, 1952, pp. 999-1000. the towards self-government and self-determination in that country. zent The election is to be supervised by a Mixed Electoral Commission but consisting of representatives of the Sudan, Egypt, India, the United ide Kingdom and the United States. Fote Upl Ethiopia and Eritrea has uly 73. FEDERATION OF ETHIOPIA AND ERITREA: United Nations my General Assembly Resolution 617 (VII), December 17, 1952 2 The General Assembly, Recalling its resolution 390 A (V) of 2 December 1950,3 providing by that Eritrea be constituted an autonomous unit federated with Ethi- opia under the sovereignty of the Ethiopian Crown, Having noted the adoption and ratification of the Eritrean Constitu- tion and the ratification of the Federal Act embodying the provisions thy contained in paragraphs 1-7 inclusive of that resolution, of Having noted that the conditions laid down in paragraph 13 of reso- lution 390 A (V) of 2 December 1950 bave been fulfilled, and that on ich 11 September 1952 the Federation of Eritrea with Ethiopia was pro- Noting further the final report of the United Nations Commissioner in Eritrea of 17 October 1952 4 and the report of the Administering Authority of 27 October 1952, C Noting with appreciation the part played by the United Nations the Commissioner and the former Administering Authority in Eritrea in preparing Eritrea to take its place in the Federation, Noting also with satisfaction the contribution made by Ethiopia to ind the establishment of the Federation and Ethiopia's expression of de- termination scrupulously to execute the provisions of the Federal Act, -10- 1. Welcomes the establishment of the Federation of Eritrea with Ethiopia under the sovereignty of the Ethiopian Crown; The Parliamentary elections were held in November 1953. On Dec. 3, 1955, the United Kingdom and Egypt agreed to the holding of the "self-determination he On Jan. 1, 1956, the iep approved on Dec. 12. For the statement of the U.S. representative, see * U.N. doc. A/2233, Nov. 8, 1952. 181 claimed, 5 ed eer ta- OD 281 ).I. ent was jor * U.N. dọc. A/2188. 415900_57---Vol. 2-42 2306 AMERICAN FOREIGN POLICY, 1950-1955 168 Stat. 865. See also Department of State Bulletin, Jan. 10, 1955, pp. 67-68 2. Congratulates the people and governmental authorities of the Federation for their effective and loyal fulfilment of resolution 390 , (V) of the General Assembly of 2 December 1950. Gold Coast (Ghana) and Nigeria 74. SELF-GOVERNMENT IN THE GOLD COAST (GHANA) AND NIGERIA: Senate Joint Resolution 183 (83d Congress, 2d Session) , August 27, 1954 1 f F Whereas it is the policy of the United States to encourage efforts toward independence and self-government truly expressive of the desires of the people and as they show their capability to establish and protect free institutions; and Whereas the continent of Africa is a vital part of the free world arek; and Whereas a revised constitution of the Gold Coast was approved on April 29, 1954, and the first formal meeting of the legislature of that territory under this constitution will take place on July 29, 1954; and Whereas a revised constitution of Nigeria is expected to be approved during August 1954, and the first meeting of the federal legislature of that territory under this constitution is expected to take place shortly thereafter; and Whereas these occasions mark important milestones in their progres toward self-government and independence: Now, therefore, be i Resolved by the Senate and House of Representatives of the Unite States of America in Congress assembled, That the Congress of the United States extend its most cordial greetings to the representative bodies of the Gold Coast and Nigeria on the occasion of the first meest ing of their legislatures under the revised constitutions, in recognition of the democratic ideals shared by the United States and those term tories, and in reaffirmation of the friendship of the United States for the peoples of Africa; and be it further Resolved, That the Secretary of State is hereby requested to appoint a United States delegation at the appropriate time to represent the United States at ceremonies marking the achievement of complete self-government for these territories. S ( to l P P p F NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2307 Foreign Policy, pp. 1156-1159. tbA Union of South Africa 04 75. TREATMENT OF PEOPLE OF INDIAN ORIGIN IN THE UNION OF SOUTH AFRICA: United Nations General Assembly Resolution 615 (VII), December 5, 1952 1 The General Assembly, Recalling its resolutions 44 (I), 265 (III),3_395 (V) 4 and 511 IND (VI) : relating to the treatment of people of Indian origin in the on) Union of South Africa, Noting that the Government of the Union of South Africa has ex- pressed its inability to accept General Assembly resolution 511 (VI) in respect of the resumption of negotiations with the Governments of Eorts India and Pakistan, the Olish Noting further that the Government of the Union of South Africa has continued to enforce the Group Areas Act in contravention of the terms of General Assembly resolutions 511 (VI) and 395 (V), rea 1. Establishes a United Nations Good Offices Commission consisting of three members to be nominated by the President of the General that Assembly, with a view to arranging and assisting in negotiations 954 between the Government of the Union of South Africa and the Governments of India and Pakistan in order that a satisfactory solu- oved tion of the question in accordance with the Purposes and Principles ture of the Charter and the Universal Declaration of Human Rights 6 may be achieved; lace 2. Reguests the Good Offices Commission to report to the General Assembly at its eighth session; 3. Requests the Secretary-General to provide the members of the Commission with the necessary staff and facilities; 4. Calls upon the Government of the Union of South Africa to suspend the implementation or enforcement of the provisions of the Group Areas Act, pending the conclusion of the negotiations referred to in paragraph 1 above; for 1.U.N. General Assembly, Official Records, Seventh Session, Supplement No. 20 Resolution of Dec. 8, 1946; ibid., First Session, Second Part, Resolutions Resolution of May 14, 1949; ibid., Third Session, Part II, Resolutions (A/900), p. 6. Resolution of Dec. 2, 1950; ibid., Fifth Session, Supplement No. 20 (A/1775), • Resolution of Jan. 12, 1952; ibid., Sixth Session, Supplement No. 20 (A/2119), General Assembly Res. 217 (III) of Dec. 10, 1948; A Decade of American 1 01 TES ve it the tite eet tion ITI (A/2361), p. 8. (A/64! Add. 1), p. 69. oint the lete P. 24. -62 p. 11. 8 2308 AMERICAN FOREIGN POLICY, 1950–1955 I 1 C P 9 t ti ti A ti U No. 17 (A/2630), pp. 6-7); Res. 820 (IX), Dec. 14, 1954 (ibid., Ninth Session, Supplement No. 21 (A/2890), p. 9). For the U.S. position in the Ad Hoc Political Committee and in the General Assembly opposing the draft resolution adopted 5. Decides to include the item in the provisional agenda of the eighth session of the General Assembly. 76. POLICIES OF APARTHEID IN THE UNION OF SOUTH AFRICA: United Nations General Assembly Resolution 917 (1) December 6, 1955 2 The General Assembly, Recalling its previous resolutions on the question of race conflict in South Africa resulting from the policies of apartheid of the Govern- ment of the Union of South Africa, Recalling section E of resolution 377 A (V) of 3 November 1950, in which it expressed its conviction that a genuine and lasting peace depends also upon the observance of all the principles and purposes established in the Charter of the United Nations, upon the imple- mentation of the resolutions of the General Assembly and other principal organs of the United Nations intended to achieve the main- tenance of international peace and security and especially upon 1 The General Assembly adopted further resolutions concerning this question: (a) Res. 719 (VIII), Nov. 11, 1953; ibid., Eighth Session, Supplement No. !? (A/2630), pp. 5–6. In connection with the consideration of the draft resolution in the Ad Hoc Political Committee, the U.S. representative stated, in part, the following: "My delegation believes the basic task of the Assembly here is to bring about direct discussion between the parties. My delegation believes that, before the governments concerned have made further efforts to resume direct discussions, the General Assembly should not recommend particular meas- ures or solutions-solutions of the problem which the parties, first of all, must face" (Department of State Bulletin, Nov. 23, 1953, pp. 729-730), (b) Res. 816 (IX), Nov. 4, 1954; U.N. General Assembly, Official Records, Ninth Session, Supplement No. 21 (A/2890), pp. 7-8. For the U.S. position on the draft resolution, see Department of State Bulletin, Nov. 22, 1954, pp. 783-786 The U.S. representative stated in part: "The United States will vote in favor of the resolution as a whole, since we are in full agreement with its conciliatory nature and in particular the objective of direct negotiations between the parties which it seeks to bring about. Our belief is that progress can only come to the extent that the parties are willing to confer and to negotiate” (ibid., p. 786). (c) Res. 919 (X), Dec. 14, 1955; U.N. General Assembly, Official Records, Tenda Session, Supplement No. 19' (A/3116), p. 8. The resolution noted that the nego tiations envisaged in Res. 816 (IX) had not been pursued; urged the parties concerned to pursue negotiations with a view to bringing about a settlemen of the question; and invited the parties to report at the next session of the General Assembly. 2 U.N. General Assembly, Official Records, Tenth Session, Supplement No. 19 (A/3116), p. 8. Res. 616° (VII), Dec. 5, 1952 (ibid., Seventh Session, Supplement No. (A/2361), pp. 8-9); Res. 721 (VIII), Dec. 8, 1953 (ibid., Eighth Session, Supplement each case the U.S. abstained. * U.N. General Assembly, official Records, Fifth Session, Supplement No. ” (A/1775), p. 10. A CI M h fr fa th NEAR AND MIDDLE EAST, SOUTH ASIA, AND AFRICA 2309 2 TI- the respect for and observance of human rights and fundamental free- doms for all, Reiterating its resolutions 103 (1) of 19 November 1946 1 and 616 B (VII) of 5 December 1952 in which the General Assembly has de- clared, inter alia, that it is in the higher interests of humanity to TH put an immediate end to religious and so-called racial persecution I), and discrimination, and that governmental policies which are designed to perpetuate or increase discrimination are inconsistent with the pledges of the Members under Article 56 of the Charter, Noting that the United Nations Commission on the Racial Situa- tion in the Union of South Africa has now submitted its third report, ict 1. Commends the United Nations Commission on the Racial Situa- tion in the Union of South Africa for its constructive work; 50, 2. Notes with regret that the Government of the Union of South Africa again refused to co-operate with the Commission; 3. Recommends the Government of the Union of South Africa to take note of the Commission's report; ple 4. Expresses its concern at the fact that the Government of the her Union of South Africa continues to give effect to the policies of in- apartheid, notwithstanding the request made to it by the General Assembly to reconsider its position in the light of the high principles contained in the Charter and taking into account the pledge of all Member States to promote respect for human rights and fundamental ; 5. Reminds the Government of the Union of South Africa of the faith it had reaffirmed, in signing the Charter, in fundamental human rights and in the dignity and worth of the human person; 6. Calls on the Government of the Union of South Africa to observe the obligations contained in Article 56 of the Charter. ace ses POLI on; E101 the : to eves ime AS- lust nath the 186. vor ory ties the 1 U.N. doc. A/64/Add.1, Jan, 31, 1947, p. 200. U.N. doc. A/2953 (1955). The Commission was established by Res. 616 (VII), cited above. nih bies ent Ta! 19 ent cal ted In 如​伽​印 ​20 to IS he me Part XIV as! to ha di THE FAR EAST AND SOUTHEAST ASIA an PO. are per di A. THE BASIC POSITION OF THE UNITED STATES mu TE 1 of neg 1. REVIEW OF THE POSITION AS OF 1950: Address by the Secretary of State, January 12, 1950 FOUNDATIONS OF POLICY tio of This afternoon I should like to discuss with you the relations Et between the peoples of the United States and the peoples of Asia, la and I used the words "relations of the peoples of the United States tin and the peoples of Asia" advisedly. I am not talking about govern . ments or nations because it seems to me what I want to discuss with of you is this feeling of mine that the relations depend upon the attitudes ha of the people; that there are fundamental attitudes, fundamental tio interests, fundamental purposes of the people of the United States , isla 150 million of them, and of the peoples of Asia, unnumbered millions , fin which determine and out of which grow the relations of our countries and the policies of our governments. Out of these attitudes and the interests and purposes grow what we do from day to day. Wh Now, let's dispose of one idea right at the start and not bother with de it any more. That is that the policies of the United States are deter mined out of abstract principles in the Department of State or in the En White House or in the Congress. That is not the case . If these policies are going to be good, they must grow out of the fundamental attitudes of our people on both sides. If they are to be effective , they must become articulate through all the institutions of our national life, of which this is one of the greatest-through the press, through the the radio, through the churches, through the labor unions, business organizations, through all the groupings of our national life , there must become articulate the attitudes of our people and the policies which we propose to follow. It seems to me that understand- ing is the beginning of wisdom and therefore, we shall begin by trying 1 Made_before the National Press Club, Washington; Department of Stat Bulletin, Jan, 23, 1950, pp. 111-118. L 18 nes fac through the 0001 Tai ano aga t the 20 2310 1 THE FAR EAST AND SOUTHEAST ASIA 2311 against foreign domination. Whether that foreign domination takes to understand before we announce what we are going to do, and that is a proposition so heretical in this town that I advance it with some hesitation. Now, let's consider some of the basic factors which go into the making of the attitudes of the peoples on both sides. I am frequently asked: Has the State Department got an Asian policy? And it seems to me that that discloses such a depth of ignorance that it is very hard to begin to deal with it. The peoples of Asia are so incredibly diverse and their problems are so incredibly diverse that how could anyone, even the most utter charlatan believe that he had a uniform policy which would deal with all of them. On the other hand, there are very important similarities in ideas and in problems among the peoples of Asia and so what we come to, after we understand these diversities and these common attitudes of mind, is the fact that there must be certain similarities of approach, and there must be very great dissimilarities in action. she To illustrate this only a moment: If you will consider as an example of the differences in Asia the subcontinent of India and Pakistan, you will find there an area which is roughly comparable in size and popula- tion to Europe. You will find that the different states and provinces of that subcontinent are roughly comparable in size to the nations of ons Europe and yet you will find such differences in race, in ideas, in 12 , languages , and religion, and culture, that compared to that subcon- testinent, Europe is almost one homogeneous people. Or take the difference, for instance, between the people and problems ith of Japan and Indonesia, both in the same Asian area. In Japan, you des have a people far advanced in the complexities of industrial civiliza- a people whose problems grow out of overpopulation on small es islands and the necessity of finding raw materials to bring in and Os, finding markets for the finished goods which they produce. In Indo- 10 mesia, you find something wholly different--a people on the very nd threshold of their experience with these complexities and a people who live in an area which possesses vast resources which are awaiting ith development. Now, those are illustrations of complexities. che 81 Let's come now to the matters which Asia has in common. There is in this vast area what we might call a developing Asian conscious- ness , and a developing pattern, and this, I think, is based upon two factors which are pretty nearly common to the entire experience of all One of these factors is a revulsion against the acceptance of misery and poverty as the normal condition of life. Throughout all of this Fast area, you have that fundamental revolutionary aspect in mind and belief. The other common aspect that they have is the revulsion they are through with it. They have had enough of it, and they want These two basic ideas which are held so broadly and commonly D- tal tion, ese 181 these Asian people. he de ng ate no more. 2312 AMERICAN FOREIGN POLICY, 1950–1955 CC re TE ar re. Te un to to the soil, the problem of how much can be exacted from them by dominion status in the British Commonwealth, Feb. 4, 1948; Burma became in Asia tend to fuse in the minds of many Asian peoples and R many of them tend to believe that if you could get rid of foreign domination, if you could gain independence, then the relief from poverty and misery would follow almost in course. he It is easy to point out that that is not true, and of course, they are discovering that it is not true. But underneath that beliel, G there was a very profound understanding of a basic truth and it is the basic truth which underlies all our democratic belief and all our dem cratic concept. That truth is that just as no man and no government bu is wise enough or disinterested enough to direct the thinking and the action of another individual, so no nation and no people are wise ti enough and disinterested enough very long to assume the responsibility for another people or to control another people's opportunities. That great truth they have sensed, and on that great truth they are to acting. They say and they believe that from now on they are on their a own. They will make their own decisions. They will attempt to better their own lot, and on occasion they will make their own mistakes. But it will be their mistakes, and they are not going to have their mistakes dictated to them by anybody else. 1 The symbol of these concepts has become nationalism. National independence has become the symbol both of freedom from foreign domination and freedom from the tyranny of poverty and misery . its Since the end of the war in Asia, we have seen over 500 million people gain their independence and over seven new nations come into existence in this area. th We have the Philippines with 20 million citizens. We have Pak- istan, India, Ceylon, and Burma with 400 million citizens, southern Korea with 20 million, and within the last few weeks, the United ha States of Indonesia with 75 million. This is the outward and visible sign of the internal ferment of Asia , H But this ferment and change is not restricted to these countries which are just gaining their independence. It is the common idea and the common pattern of Asia, and as I tried to suggest a moment ago, do not based on purely political conceptions. It is not based purely go in ideological conceptions. It is based on a fundamental and an earthy and a deeply individual realization of the problems of their own daily lives. This new sense of nationalism means that they are going to deal with those daily problems--the problems of the relation of his de those ideas they are going forward. Resignation is no longer the th typical emotion of Asia. It has given way to hope, to a sense of effort and in many cases, to a real sense of anger. 1 The Philippine Republic achieved full independence, July 4, 1946; Pakista 1947, India becoming a sovereign republic, Jan. 26, 1950; Ceylon was acorde and Indonesia achieved its independence, Dec. 28, 1949. AS MT OY DO OT to it is C01 COM thi int bri mi THE FAR EAST AND SOUTHEAST ASIA 2313 Ise. 10- TIS! are misery ended. They did not bother to overthrow this government. There was really nothing to overthrow. They simply ignored it throughout the country. They took the solution of their immediate village problems into their own hands. If there was any trouble or interference with the representatives of the government, they simply brushed them aside. They completely withdrew their support from military establishment disintegrated. Added to the grossest incompe- government, and when that support was withdrawn, the whole and / RECENT DEVELOPMENTS IN CHINA of the Now, may I suggest to you that much of the bewilderment which has seized the minds of many of us about recent developments in China comes from a failure to understand this basic revolutionary force rse , liet , which is loose in Asia. The reasons for the fall of the Nationalist the Government in China are preoccupying many people. All sorts of reasons have been attributed to it. Most commonly, it is said in ent various speeches and publications that it is the result of American the bungling, that we are incompetent, that we did not understand, that American aid was too little, that we did the wrong things at the wrong lity time. Other people go on and say: "No, it is not quite that, but that an American general did not like Chiang Kai-shek and out of all that relationship grows the real trouble.” And they say: "Well you have heir to add to that there are a lot of women fooling around in politics in China." to kes Nobody, I think, says that the Nationalist Government fell because heir it was confronted by overwhelming military force which it could not resist . Certainly no one in his right mind suggests that. Now, what onal you to do is to stop looking for a moment under the bed and under the chair and under the rug to find out these reasons, but rather eiga to look at the broad picture and see whether something doesn't suggest 7. lion into The broad picture is that after the war, Chiang Kai-shek emerged as the undisputed leader of the Chinese people. Only one faction, Pok the Communists, up in the hills, ill-equipped, ragged, a very small military force, was determinedly opposed to his position. He had ited overwhelming military power, greater military power than any ruler bad ever had in the entire history of China. He had tremendous eco- nomic and military support and backing from the United States. He had the acceptance of all other foreign countries, whether sincerely the or insincerely in the case of the Soviet Union is not really material to this matter. Here he was in this position, and 4 years later what do we find? We find that his armies have melted away. His support in the country has melted away. His support largely outside the aily country has melted away, and he is a refugee on a small island off the coast of China with the remnants of his forces. As I said, no one says that vast armies moved out of the hills and by defeated him. To attribute this to the inadequacy of American aid is only to point out the depth and power of the forces which were miscalculated or ignored. What has happened in my judgment is ort that the almost inexhaustible patience of the Chinese people in their I ask itself. zern . zich 础​咖​础​础​伽姆​叫​崛​阿​仙​础​叫 ​i to the stan 15 ded Ame 948; this 2314 AMERICAN FOREIGN POLICY, 1950-1955 ī L IS & N C their profound belief that the control of China by a foreign power was contrary to American interests. The interesting part about that i tence ever experienced by any military command was this total lack of support both in the armies and in the country, and so the whole matter just simply disintegrated. The Communists did not create this. The Communists did not create this condition. They did not create this revolutionary spirit, They did not create a great force which moved out from under Chiang Kai-shek. But they were shrewd and cunning to mount it, to ride this thing into victory and into power. That, I suggest to you, is an explanation which has certain roots in realism and which does not require all this examination of intricate and perhaps irrelevant details. So much for the attitudes of the peoples of Asia. U.S. ATTITUDE TOWARD ASIA Let's consider for a moment another important factor in this relationship. That is the attitude of our own people to Asia. What is that fundamental attitude out of which our policy has grown! What is the history of it? Because history is very important, and history furnishes the belief on the one side in the reality and truth N of the attitude. What has our attitude been toward the peoples of Asia? It has been, I submit to you, that we are interested that Americans as individuals are interested in the peoples of Asia. We are not interested in them as pawns or as subjects for exploitation but just as people . T For 100 years some Americans have gone to Asia to bring in What th they thought was the most valuable thing they had their faith di They wanted to tell them what they thought about the nature and relationship of man to God. Others went to them to bring to them what they knew of learning. Others went to them to bring them healing for their bodies. Others and perhaps fewer went to them to learn the depth and beauty of their own cultures, and some went to tr them to trade and they traded with them. But this trade was a very small part of American interest in the Far East, and it was a very small part of American interest in trade. It was a valid interest ; } was a good interest. There was nothing wrong about it , but out of the total sum of the interests of the American people in Asia, it was a comparatively small part. be Through all this period of time also, we had, and still have, great B interests in Asia. But let me point out to you one very importan factor about our interests in Asia. That is that our interests have hui been parallel to the interests of the people of Asia. For 50 years it has been the fundamental belief of the American people--and I th not talking about announcements of government but I mean a b! of people in little towns and villages and churches and missionary forces and labor unions throughout the United States--it has been do was not conflict but parallelism in that interest. And so from the time OF 8 W 1 m a1 m Sa of te belie! THE FAR EAST AND SOUTHEAST ASIA 2315 lang through ignorance, or because they believe these false promises, or because there is real distress in their areas. beeb development, if we can go forward with it, then we have brought 1 See Secretary Hay's instructions of Sept. 6, 1899, and Mar. 20, 1900; United States Relations with China, with Special Reference to the Period 1944–1949 (Department of State publication 3573; 1949), pp. 414-416. a Treaty of Feb. 6, 1922; ibid., pp. 438-442. lack of the announcement of the open door policy through the power thole treaty to the very latest resolution of the General Assembly of the United Nations, we have stated that principle and we believe it. not And similarly in all the rest of Asia-in the Philippines, in India, mirit in Pakistan and Indonesia, and in Korea-for years and years and years, the interests of Americans throughout this country have been ride in favor of their independence. This is where their independence, societies, and their patriotic groups have come for funds and sympathy. Toots The whole policy of our government insofar as we have responsibility icate in the Philippines was to bring about the accomplishment of this the independence and our sympathy and help. The very real help which we have given other nations in Asia has been in that direction, and it is still in that direction. this THE FACTOR OF COMMUNISM That Now, I stress this, which you may think is a platitude, because of own? & very important fact: I hear almost every day someone say that the and real interest of the United States is to stop the spread of communism. ruth Nothing seems to me to put the cart before the horse more completely than that. Of course we are interested in stopping the spread of hes communism. But we are interested for a far deeper reason than any conflict between the Soviet Union and the United States. We are interested in stopping the spread of communism because com- ople munism is a doctrine that we don't happen to like. Communism is what the most subtle instrument of Soviet foreign policy that has ever been devised, and it is really the spearhead of Russian imperialism which and would, if it could, take from these people what they have won, what then we want them to keep and develop, which is their own national them independence, their own individual independence, their own develop- mt ment of their own resources for their own good and not as mere nt to tributary states to this great Soviet Union. TETT Now, it is fortunate that this point that I made does not represent For any real conflict. It is an important point because people will do more damage and create more misrepresentation in the Far East by saying our interest is merely to stop the spread of communism than any other way. Our real interest is in those people as people. It is because communism is hostile to that interest that we want to stop it. But it happens that the best way of doing both things is to do just have exactly what the peoples of Asia want to do and what we want to help them to do, which is to develop a soundness of administration of these new governments and to develop their resources and their technical skills so that they are not subject to penetration either If we can help that IS ested saith, st;it ut of Vas! great rtant ears I 2012 held nary (179 lat There time 2316 AMERICAN FOREIGN POLICY, 1950-1955 say must be allowed to obscure the reality of this fact. All the effort China, see Department of State Bulletin, Feb. 6, 1950, pp. 218-219. See also 1 For background material regarding Soviet penetration of northern areas a' / Secretary Acheson's statement of Mar. 31, 1950, regarding Sinkiang; ibid., Apr. 11, 0 28 8 about the best way that anyone knows of stopping this spread of communism. It is important to take this attitude not as a mere negative reaction to communism but as the most positive affirmation of the most affirmative truth that we hold, which is in the dignity and right of p every nation, of every people, and of every individual to develop inn their own way, making their own mistakes, reaching their own triumphs but acting under their own responsibility. That is what we are pressing for in the Far East, and that is what we must affirm and not get mixed up with purely negative and inconsequential statements. 11 V CO SOVIET ATTITUDE 15 A k 8 ic Q 8 U th 0 S1 Now, let me come to another underlying and important factor which determines our relations and, in turn, our policy with the peoples of Asia. That is the attitude of the Soviet Union toward Asia, and particularly towards those parts of Asia which are contiguous to the Soviet Union, and with great particularity this afternoon, to north China. The attitude and interest of the Russians in north China, and in these other areas as well, long antedates communism. This is not something that has come out of communism at all. It long antedates it. But the Communist regime has added new methods, new skills and new concepts to the thrust of Russian imperialism. This (These Communistic concept[s] and techniques have armed Russian imper ialism with a new and most insidious weapon of penetration. Armed with these new powers, what is happening in China is that the Soviet Union is detaching the northern provinces [areas) of China from China and is attaching them to the Soviet Union. This process is complete in Outer Mongolia. It is nearly complete in Manchurik , and I am sure that in inner Mongolia and in Sinkiang there are very happy reports coming from Soviet agents to Moscow. This is what is going on. It is the detachment of these whole areas, vast areas, populated by Chinese-the detachment of these areas from China and their attachment to the Soviet Union. I wish to state this and perhaps sin against my doctrine of our dogmatism, but I should like to suggest at any rate that this fact that the Soviet Union is taking the four northern provinces of China the single most significant, most important fact, in the relation of any foreign power with Asia.1 al it K 8) P d 0 a Two RULES OF U.S. POLICY What does that mean for us? It means something very, Point significant. It means that nothing that we do and nothing that is 0 P 1950, 568 THE FAR EAST AND SOUTHEAST ASIA 2317 hich es of and Permanent settlement or otherwise, that defense must and shall be dol of propaganda will not be able to obscure it. The only thing that can obscure it is the folly of ill-conceived adventures on our part which etion easily could do so, and I urge all who are thinking about these foolish most adventures to remember that we must not seize the unenviable it de position which the Russians have carved out for themselves. We ip in must not undertake to deflect from the Russians to ourselves the om righteous anger, and the wrath, and the hatred of the Chinese people what which must develop. It would be folly to deflect it to ourselves. form. We must take the position we have always taken—that anyone who ntial violates the integrity of China is the enemy of China and is acting contrary to our own interest. That, I suggest to you this afternoon, is the first and the greatest rule in regard to the formulation of American policy toward Asia. I suggest that the second rule is very like the first. That is to keep our own purposes perfectly straight, perfectly pure, and perfectly aboveboard and do not get them mixed-up with legal quibbles or the the attempt to do one thing and really achieve another. north The consequences of this Russian attitude and this Russian action in China are perfectly enormous. They are saddling all those in id in China who are proclaiming their loyalty to Moscow, and who are not allowing themselves to be used as puppets of Moscow, with the most lates awful responsibility which they must pay for. Furthermore, these kills , actions of the Russians are making plainer than any speech, or any hese utterance, or any legislation can make throughout all of Asia, what the true purposes of the Soviet Union are and what the true function of communism as an agent of Russian imperialism is. These I opiet suggest to you are the fundamental factors, fundamental realities of from attitude out of which our relations and policies must grow. MILITARY SECURITY IN THE PACIFIC uria Now, let's in the light of that consider some of these policies. First of all , let's deal with the question of military security. I deal with it first because it is important and because, having stated our policy Chine in that regard, we must clearly understand that the military menace is not the most immediate. What is the situation in regard to the military security of the Pacific area, and what is our policy in regard to it? In the first place, the defeat and the disarmament of Japan has placed upon the United States the necessity of assuming the military defense of Japan so long as that is required, both in the interest of our security and in the interests of the security of the entire Pacific area and, in all honor, in the interest of Japanese security. We have American--and there are Australian troops in Japan. 'I am not in a position to speak for the Australians, but I can assure you that there is no intention of any sort of abandoning or weakening the defenses of Japan and that whatever arrangements are to be made either through aper rmed ess is Terr 28s DOD. that na is of VEIT it we forts pasa maintained. e also 1. This defensive perimeter runs along the Aleutians to Japan and then goes to the Ryukyus. We hold important defense positions in 2318 1950–1955 AMERICAN FOREIGN POLICY, 1 See treaty of July 4, 1946. (A Decade of American Foreign Policy, pp. 861-864); agreement of Mar. 14, 1947 (TIAS 1775; 61 Stat., pt. 4, p. 4019); agreement of CE W DE S1 VO OL OL the Ryukyu Islands, and those we will continue to hold. In the interest of the population of the Ryukyu Islands, we will at an appro- priate time offer to hold these islands under trusteeship of the United Nations. But they are essential parts of the defensive perimeter of the Pacific, and they must and will be held. The defensive perimeter runs from the Ryukyus to the Philippine Islands. Our relations, our defensive relations with the Philippiness are contained in agreements between us. Those agreements are being loyally carried out and will be loyally carried out. Both peoples have learned by bitter experience the vital connections between our mutual defense requirements. We are in no doubt about that , so and it is hardly necessary for me to say an attack on the Philippines si could not and would not be tolerated by the United States. But I hasten to add that no one perceives the imminence of any such si attack, to So far as the military security of other areas in the Pacific is con- cerned, it must be clear that no person can guarantee these areas against ca military attack. But it must also be clear that such a guarantee isp hardly sensible or necessary within the realm of practical relationship . si Should such an attack occur-one hesitates to say where such an armed attack could come from the initial reliance must be on the th people attacked to resist it and then upon the commitments of the th entire civilized world under the Charter of the United Nations which so far has not proved a weak reed to lean on by any people who are determined to protect their independence against outside aggression , But it is a mistake, I think, in considering Pacific and Far Eastern problems to become obsessed with military considerations. Important as they are, there are other problems that press, and these other problems are not capable of solution through military means. These other problems arise out of the susceptibility of many areas, de countries in the Pacific area, to subversion and penetration. That lo cannot be stopped by military means. SUSCEPTIBILITY TO PENETRATION & The susceptibility to penetration arises because in many arcas there are new governments which have little experience in governments . administration and have not become firmly established or perhaps firmly accepted in their countries. They grow, in part, from very serious economic problems, some of them growing out directly from the last war, others growing indirectly out of the last war because of it the disruptions of trade with other parts of the world, with the disrup.fr to In tion of arrangements which furnished credit and management to these areas for many years. That has resulted in dislocation of eco- be nomic effort and in a good deal of suffering among the peoples con- SIE and many II 41 ar VE PI ; .. p) and Apr. 1, 1948 (TIAS 2406; 3 UST 457); and agreement of Feb. 24 and Mar. 18 1950 (TIAS 2080; 1 UST 448). THE FAR EAST AND SOUTHEAST ASIA 2319 ne les ore cen OR- an are OI. 210 he cerned. In part this susceptibility to penetration comes from the 10- great social upheaval about which I have been speaking, an upheaval ed which was carried on and confused a great deal by the Japanese occu- of pation and by the propaganda which has gone on from Soviet sources since the war. Here, then, are the problems in these other areas which require some policy on our part, and I should like to point out two facts to YOU and then discuss in more detail some of these areas. th The first fact is the great difference between our responsibility and our opportunities in the northern part of the Pacific area and in the at, southern part of the Pacific area. In the north, we have direct respon- Dessibility in Japan and we have direct opportunity to act. The same I thing to a lesser degree is true in Korea. There we had direct respon- achsibility, and there we did act, and there we have a greater opportunity to be effective than we have in the more southerly part. In the southerly part of the area, we are one of many nations who st can do no more than help. The direct responsibility lies with the is peoples concerned. They are proud of their new national respon- ip.sibility. You can not sit around in Washington, or London, or Paris, or The Hague, and determine what the policies are going to be in the those areas. You can be willing to help, and you can help only when the the conditions are right for help to be effective. Ich LIMITATIONS OF U.S. ASSISTANCE That leads me to the other thing that I wanted to point out, and that is the limitation of effective American assistance. American as- ant sistance can be effective when it is the missing component in a situa- tion which might otherwise be solved. The United States cannot se furnish all these components to solve the question. It can not furnish INT st determination, it can not furnish the will, and it can not furnish the byality of a people to its government. But if the will and if the deter- mination exists and if the people are behind their government, then, and not always then, is there a very good chance. In that situation, American help can be effective and it can lead to an accomplishment ere which could not otherwise be achieved. tal Japan.--Now, with that statement, let's deal very briefly--because 2PS the time is going on and I am almost equaling my performance in the Senate and House--let's deal very briefly with some of the problems. om Let's take the situation in Japan for a moment. There are three great de factors to be faced. The security matter I have dealt with. Aside from that, there are the economic questions and the political questions. to In the political field, General MacArthur has been very successful and the Japanese are hammering out with some effort, and with some backsliding, and regaining and backsliding again of progress, a political system which is based on nonmilitaristic institutions. In the economic field, we have not been so successful . That is in very large part due to the inherent difficulty of the problem. The problem arises with the necessity of Japan being able to buy raw mate- ials and sell goods. The former connections of Japan with the main- land and with some of the islands have been disrupted. That has Ener IP- CO- DI sof 147, 13 , 2320 AMERICAN FOREIGN POLICY, 1950–1955 produced difficulties. The willingness of other countries to receive Japanese goods has very much contracted since the war. Difficulties of currency have added to those problems. But those matters have got to be faced and have got to be solved. Whether they are solved under a treaty or if the procedural difficulties of that are too great under some other mechanism, they must be solved along lines which permit the Japanese greater freedom-completa freedom if possible—to buy what they need in the world and to sell what they have to offer on the mainland of Asia, in southeast Asia, and in other parts of the world. That is the nature of the problem and it is a very tough one. It is one on which the occupation authorities, the Japanese government, ourselves, and others are working. There can be no magic solution to it. Korea.--In Korea, we have taken great steps which have ended our military occupation, and in cooperation with the United Nations, have established an independent and sovereign country recognized by nearly all the rest of the world. We have given that nation great help in getting itself established. We are asking the Congress to continue that help until it is firmly established, and that legislation is now pending before the Congress. The idea that we should scrap all of that, that we should stop half way through the achievement of the establishment of this country, seems to me to be the most utter defeatism and utter madness in our interests in Asia. But there our responsibilities are more direct and our opportunities more clear. When you move to the south, you find that our opportunity is much slighter and that our responsibilities, except in the Philippines and there indirectly, are very small. Those problems are very confusing. Philippines. In the Philippines, we acted with vigor and speed to set up an independent sovereign nation which we have done. We have given the Philippines a billion dollars of direct economic aid since the war. We have spent another billion dollars in such matters as veterans' benefits and other payments in the Philippines . Much of that money has not been used as wisely as we wish it had been used , but here again, we come up against the matter of responsibility . It is the Philippine Government which is responsible." It is the Philippine Government which must make its own mistakes. What we can do is advise and urge, and if help continues to be misused , to stop giving the help. We cannot direct, we should not direct, we have not the slightest desire to direct. I believe that there are in dications that the Philippines may be facing serious economic difl . culties. With energetic, determined action, they can perhaps avoided or certainly minimized. Whether that will be true or not, , be see Res 1 The independence of Korea was proclaimed Aug. 15, 1948. For the reselu tion of the U.N. General Assembly relating to Korean independence, 112 (II), Nov. 14, 1947; A Decade of American Foreign Policy, pp. 677–878 . 3 The independence of the Philippine Republic was proclaimed July 4 punten by the President of the United States; see Du Decade of American Foreign Police, pp. 860-861. THE FAR EAST AND SOUTHEAST ASIA 2321 zive her hat lete to ast the are led Ds, zed est to 1 is ap ent ost But I can not say, but it does not rest within the power of the American Government to determine that. We are always ready to help and to advise. That is all we can and all we should do. Asia.-Elsewhere in southeast Asia, the limits of what we can do are to help where we are wanted. We are organizing the machinery through which we can make effective help possible. The western powers are all interested. We all know the techniques. We have all had experiences which can be useful to those governments which are newly starting out if they want it. It cannot be useful if they don't want it. We know techniques of administration. We know techniques of organizing school districts, and road districts, and taxation districts. We know agricultural and industrial techniques, all of which can be helpful, and those we are preparing to make available if they are wanted, where they are wanted, and under circumstances where they have a fighting chance to be successful. We will not do these things for the mere purpose of being active. They will not be done for the mere purpose of running around and doing good, but for the purpose of moving in where we are wanted to a situation where we have the missing component which, if put into the rest of the picture, will spell success. The situation in the different countries of southeast Asia is difficult. It is highly confused in Burma where five different factions have utterly disrupted the immediate government of the country. Progress is being made in Indochina where the French, although moving slowly, are moving. There are noticeable signs of progress in trans- ferring responsibility to a local administration and getting the adher- ence of the population to this local administration. We hope that the situation will be such that the French can make further progress and make it quickly, but I know full well the difficulties which are faced by the Foreign Minister of France and my admiration and respect for him are so great that I would not want one word I say to add a feather to the burden that he carries. In Malaya, the British have and are discharging their responsibility harmoniously with the people of Malaya and are making progress. Indonesia.--In Indonesia, a great success has been achieved within the last few weeks and over a period of months. The round table conferences at The Hague in which great statesmanship and restraint were displayed, both on the Dutch and the Indonesian side, have resulted in this new government being formed.' Relations of this government with the Dutch will be very good, and the Dutch can furnish them great help and advice, and we will be willing to stand by to give whatever help we can rightly and profitably give. That situation is one which is full of encouragement although it is full of India and Pakistan. As one goes to the end of this semicircle and comes to India and Pakistan, we find really grave troubles facing the world and facing these two countries there, both with respect to ore 1 18 nes ery th To aid 315 chi ed. by. he at to ve 1- Tim be at difficulty also. LU 23. ใน 802-804. The independence of Indonesia was effected Dec. 28, 1949; see ibid., pp. 415900_-57-vol. 2 43 2322 AMERICAN FOREIGN POLICY, 1950-1955 P D S t Kashmir, and to the utter difficulties—economic difficulties growing out of the differences in devaluation, settlement of monetary plans back and forth, et cetera. We know that they have assured one another, and they have assured the world, that as stubborn as these difficulties may be and difficult as they may be of solution, they are not going to resort to war to solve them. We are glad to hear those assurances and the whole world is glad to hear it, but we know also that the problems are in such a situation and in such an area that they are most inflammable, and we believe that in addition to these most desirable assurances there should be some accommodation of wills to bring about a result as soon as possible. In India and in Pakistan we are willing to be of such help as we can be. Again, the responsibility is not ours. Again we can only be helpful friends. Again the responsibility lies with people who have won their freedom and who are very proud of it. 11 PI D 11 D ho THE NEW DAY FOR ASIA 81 ! own. fo 址 ​CO SO So after this survey, what we conclude, I believe, is that there is a new day which has dawned in Asia. It is a day in which the Asian peoples are on their own, and know it, and intend to continue on their It is a day in which the old relationships between east and west are gone, relationships which at their worst were exploitation, and which at their best were paternalism. That relationship is over, and the relationship of east and west must now be in the Far East one of mutual respect and mutual helpfulness. We are their friends . Others are their friends. We and those others are willing to help, but be we can help only where we are wanted and only where the conditions of help are really sensible and possible. So what we can see is that this new day in Asia, this new day which is dawning, may go on to a glorious noon or it may darken and it may drizzle out. But that decision lies within the countries of Asia and within the power of the the Asian people. It is not a decision which a friend or even an to enemy from the outside can decide for them. ti er W 112 2. REVIEW OF THE POSITION AS OF 1955: Address by the Secretary of State, February 16, 1955 (Excerpts)' W fe M th FAR EAST SECURITY TREATIES In the Far East the United States has responded to the desire of others that we join with them to assure their security. During the last 4 years, the United States has become party to security treaties with Korea, Japan, the Republic of China on Formosa, the Philip- 19 p 1 Made before the Foreign Policy Association, New York; Department of State Bulletin, Feb. 28, 1955, pp. 328–331. an THE FAR EAST AND SOUTHEAST ASIA 2323 For Congressional action on the Manila Pact, the security treaty with China, pines , OS le se ce be 50 ET st 0 D be he 4 . ferred--the China treaty and the Manila Pact. 1951 (supra, pp. 885-886), Dec. 2, 1954 (supra, 945-947), Aug. 30, 1951 (supra, pp. 873–875), and Sept. 1, 1951 (supra, pp. 878-880). **? Treaty and protocol of Sept. 8, 1954; supra, pp. 912-916. 3 See infra, pp. 2483-2486. and the Formosa (Taiwan) resolution, see supra, pp. 929-945 and 957–965, and Australia and New Zealand. Also we hare joined the eight- power Manila Pact for the security of Southeast Asia.? The total of these treaties is a mutual security system which, start- ing from the Aleutian Islands in the North, runs in a great arc to the South Pacific. This constitutes a defensive bulwark for freedom in that part of the world. What has thus been done by many nations is important. Also important is the manner in which the United States has played its part, particularly during recent days. When the Congress convened last January, it was organized by the Democratic Party. So when the Manila Pact and the China treaty were submitted, they were submitted by a Republican President to a Democrat-controlled body. The same was true of President Eisen- hower's request for Congressional authority to use the armed forces Nevertheless, the two treaties were ratified and the Congressional authority was granted. This was done promptly and with virtual is unanimity. These events demonstrate a national unity and capacity of action 11 which is needed in the world today. Too often representative processes lead to such partisanship and such consequent delays that hostile d forces are encouraged to believe that democracies are inherently ad ineffective. The Government of the United States has shown the of contrary. Partisanship was wholly subordinated to the national good, so that action of great importance could be taken with deliberation, For this the nation can be grateful to the leadership and to the gen- eral membership of both parties in the Congress. I know that they would expect me to pay special tribute to Walter F. George, who, as at Chairman of the Senate Foreign Relations Committee, carried the of heaviest aggregate burden of responsibility in relation to the three acts We can all take pride, as Americans, in this demonstration of na- tional unity and capacity. Because of it, free men throughout the world can face the future with better hope and new confidence. Mutual DEFENSE TREATY WITH CHINA Let me turn now to deal with some of the substantive problems which arise out of the two Far Eastern treaties to which I have re- the Pescadores. These islands became part of the Japanese Empire See, respectively, the treaties of Oct. 1, 1953 (supra, pp. 897–898), Sept. 8, st S. it but with decisiveness. IS it 8 n to which I refer. le e 1 S e infra, pp. 2486-2487. 2324 AMERICAN FOREIGN POLICY, 1950–1955 T S ni IT 8. 1 Treaty of Apr. 17, 1895; British and Foreign State Papers, vol. 87, pp. 795-805 4 See President Truman's statement of June 27, 1950; infra, pp. 2539-2540. in 1895.' They continued as such for half a century, until they were relinquished by Japan as a result of her defeat in war?a defeat prin- cipally wrought by the efforts and sacrifices of the United States. These islands form an important part of the Western Pacific defense system which I have described. The people of the islands eagerly seek our help. Thus Formosa and the Pescadores have been properly a matter of concern to the United States. In 1945 our long-time ally, the Republic of China, was entrusted with authority over these islands.3 In 1950, when the aggression against Korea occurred, President Truman ordered our Pacific fleet toi defend Formosa against possible Chinese Communist attack. Now, that determination has been converted into our Mutual Defense Treaty with the Republic of China. It is important to note that the treaty, except as it relates to United States territories, covers only the islands of Formosa and the Pesca- N dores, and an armed attack directed against those islands. The Cor- gressional authority is to secure and protect Formosa and the Pescah dores against armed attack, and to make secure and to protect “related positions and territories" as the President judges "this would be re- quired or appropriate in assuring the defense of Formosa and the h Pescadores.” The President did not use our armed forces to help the Chinese Na- tionalists to hold the Tachen Islands and Yushan and Pishan, lying some 200 miles north of Formosa. These islands were virtually un- th related to the defense of Formosa and the Pescadores. We helped the Chinese Nationalists to evacuate these islands and regroup in forces, so as to avoid a bloody and wasteful battle which would have inflamed public emotions. Thus, Nationalist China and the United States have made an important contribution to the cause of peace. It has been suggested that Nationalist China should go further and U surrender to the Chinese Communists the coastal positions which the 01 Communists need to stage their announced attack on Formosa . Its th doubtful that this would serve either the cause of peace or the cause of freedom. The Chinese Communists have been the initiators of violence in this area. They have already formally declared their intention to take Formosa by force. If the Chinese Nationalists now oblige by making di it easier for the Chinese Communists to conquer Formosa, will they be less apt to do so? I doubt it. The United States has no commitment and no purpose to defend the coastal positions as such. The basic purpose is to assure that Formel and the Pescadores will not be forcibly taken over by the Chinese Policy, pp. 625-626. 3 See General Order No. 1, Sept. 2, 1945; The Political Reorientation of Japanese pi September 1945 to September 1948: Report of Government Section, Supreme mander for the Allied Powers, vol. II, p. 442. their DI SE 2. D. . dia th C t] 2490-2491. THE FAR EAST AND SOUTHEAST ASIA 2325 ise It President of the Security Council; Department of State Bulletin, Feb. 14, 1955, the Congress for the Year 1950 (Department of State publication 4178; 1951), Chinese Communist Prime Minister and Foreign Minister (infra, p. 2490) and the Chinese reply of Feb. 3, 1955 (Department of State Bulletin, Feb. 14, 1955, Communists. However, Foreign Minister Chou says they will use all their force to take Formosa and they treat the coastal islands as means to that end. When the Nationalists voluntarily evacuated the Tachen islands, the Chinese Communists' comment was: “The 158 liberation of these islands has created favorable conditions for our ry People's Liberation Army in the liberation of Formosa." Thus the Chinese Communists have linked the coastal positions to of the defense of Formosa. That is the fact which, as President Eisen- hower said in his message to Congress about Formosa, "compels ied us to take into account closely related localities.” Accordingly, we 302 shall be alert to subsequent Chinese Communist actions, rejecting to for ourselves any initiative of warlike deeds. WW, It is hardly to be expected that the Chinese Communists will re- nounce their ambitions. However, might they not renounce their efforts to realize their goals by force? ted Such renunciation of force is one of the basic principles of the United (31 Nations, and the United States had hoped, and still hopes, that the - United Nations may be able to effect a cessation of the present ** | hostilities. President Eisenhower, in his message to Congress dealing sed with this matter, made clear that the United States would welcome action by the United Nations which might bring an end to the active the hostilities in the area. The Government of New Zealand has brought this situation before the Security Council, and the United States, Va in the interest of peace, went to the length of voting to invite thé 10. Chinese Communists to come to the Security Council to discuss 10- the matter.3 the In 1950, the Chinese Communists had accepted a Security Council el invitation in relation to Korea. However, this time the Chinese Communists contemptuously rejected the invitation. We sincerely hope that this decision of the Chinese Communists is end not irrevocable and that they will abide by the principles of the 2. United Nations rather than challenge by force the defensive obligations of this country. In any event, we believe that their attitude toward the United Nations Security Council has not ended the responsibility us of that body which, by the Charter, has the "primary responsibility for the maintenance of international peace and security.” his ske It should not, moreover, be carelessly assumed that peace and security will be promoted merely by the non-Communist nations in- definitely granting one-sided concessions to the Communist nations. President Eisenhower's message to Congress of Jan. 24, 1955; infra, pp. the See letter of Jan. 28, 1955, from the Representative of New Zealand to the ese P. 253. 3 See Ambassador Lodge's statement in the Security Council on Jan. 31, 1955; 1 fra, pp. 2487–2489. United States Participation in the United Nations: Report by the President to See the cablegram of Jan. 31, 1955, from the U.N. Secretary-General to the Ave 5 ted the be 2483-2486. 788 2016 pp. 40-41. PPT pp. 254-255). 2326 AMERICAN FOREIGN POLICY, 1950-1955 1 1 1 3 A great danger in Asia is the fear of many non-Communist peoples that the United States has no real intention of standing firmly behind them. Already that fear has mounted to the danger point. W accepted in Korea an armistice which the Chinese Communists boister ously misrepresent as a "victory" for them. We acquiesced in an Indochina armistice 1 which reflected the defeat of the French Union forces at Dien Bien Phu. We aided the Tachen evacuation. The reasons were compelling; nevertheless the result added a few squam miles to the Communist domain. If the non-Communist Asians ever come to feel that their Western Allies are disposed to retreat whenever communism threatens the peace, then the entire area could quickly become indefensible. As the situation now exists, neither the cause of freedom, nor United States security, nor world peace and security would be promoted by undermining the faith of the free Asian peoples in our strength and in our willingness to use that strength to restrain those who violently menace liberty. The American people have, through the Congress , made their own resolution clear. That is a verdict which the Govern- ment accepts as sound and which it will soberly execute. SECURITY OF SOUTHEAST ASIA Let me turn now to Southeast Asia. In a few hours I shall be going to Bangkok to attend the first meeting of the Council created under the Manila Pact for the security of Southeast Asia. We shall at Bangkok deal with the problem of organizing the Treaty Council. Also we shall begin to deal with the three substantive prob- lems assigned to the Council, namely, military security, security against subversion directed from without, and economic welfare . cannot anticipate what the decisions will be, but I am confident that our gathering will show the advantages of cooperation between the East and the West. Some Asians retain a fear, derived from past colonial relationships, that close ties with the Western powers will lead to their being domi- nated by the Western powers. It is essential that that fear should be dispelled. Ån important step in that direction was taken at Manila when, at the inspiration of President Magsaysay, the eight powers there signed the Pacific Charter. Thereby we dedicated ourselves to promoting seli government and to securing independence for all countries whose peoples desire it and are able to undertake its responsibilities. Also , we agreed to cooperate in the economic, social, and cultural fields in order to promote higher living standards, economic progress, and social well-being. However , words alone are not enough. It is necessary to infuse these words with the breath of life. That, I hope, will be done at Bangkok Those who gather there will meet as equals. We shall, I think, find 1 Armistice agreements of July 20, 1954; supra, pp. 750-788. 3 The Council met from Feb. 23 to Feb. 25, 1955. For the text of the con muniqué, see infra, doc. 7. 3 See declaration of Sept. 8, 1954; supra, pp. 916-917. THE FAR EAST AND SOUTHEAST ASIA 2327 er- en 100 he 2118 ern nd HT ESS TI- continent. If the other nations of Europe and Asia stand alone, they 1 President Lincoln's speech of Feb. 22, 1861, delivered in Independence Hall, . Philadelphia; Roy P. Basler, ed., The Collected Works of Abraham Lincoln, vol. IV, ples ways to diminish the risk of armed attack against the treaty area and ind the danger of subversion from without. Also we shall begin to study We economic problems. These are not capable of any dramatic and spectacular solution, but they do respond to steady, painstaking, and sympathetic efforts. The first task is to deal with fundamentals. That we are already doing, particularly in the basic realm of education. United States universities and colleges are cooperating with Asian institutions in Thailand, the Philippines, and Pakistan. Many United States techni- cians are serving in Asia in economic, educational, and health tasks, Ehe and the number is being increased. Our cooperation is already beginning to show results in better food and better health, and we are ced together taking the first steps to expand trade, to increase private investment, and to raise standards of living. In such ways, we can justify man's faith in freedom. There should indeed be no cleavage between the Western and Asian nations. Our concept of the nature of man had its beginning in Asia, where East and West met. We believe that all men are the creation and concern of a universal God and that He has endowed every person with a right to develop in accordance with the dictates of his indi- vidual reason and conscience. ng That religious faith, politically translated into the Magna Charta, der the French Declaration of the Rights of Man, and our own Declara- tion of Independence, was, as Lincoln said of our Declaration, nothing aty exclusive but designed to provide "liberty, not alone to the people of b- this country, but hope for the world for all future time.” ty We also realize that, if human liberty is to be a reality, there must 1 be an economic as well as a political foundation. The impoverished nat and the destitute cannot be truly free. So we recognize that economic he values are essential to give reality to the moral and political values that we cherish. Such a philosophy is indeed very different from that of Soviet com- be Soviet communism denies the principle of human equality and instead substitutes the principle of class rule. he It denies that men are capable of self-government and substitutes he the principle of dictatorship, the so-called dictatorship of the f proletariat. It denies nationalism, except as it can be used as a slogan to drive & wedge between East and West and prepare the way for an absorp- in tion of the peoples by international communism. s! It preaches a new doctrine of segregation. The peoples of Asia, it is said, must be segregated from the peoples of the West. The new nations of Asia must be segregated from association with others. The guile behind this is obvious. The Soviet and Chinese Com- d munists know that their combined power can dominate the Eurasian 35, 11- munism. Se 10, se k. (New Brunswick, N. J., 1963), p. 240. 2328 1950-1955 AMERICAN FOREIGN POLICY, 11 0 will be unable to resist the iron embrace of international communism At the Berlin Conference last year, Mr. Molotov denounced NATO and proposed a European security system which would exclude the United States. Now, the Soviet and Chinese Communists denounce s the Manila Pact, because it may bring to Southeast Asia the strength needed to resist Communist aggression. T The Bangkok Conference will enable the free nations of the West and of the East to begin a vital demonstration. They can show that, I through association as sovereign equals, they can each help the other E to independence, security, and well-being. C That result accords with the high ideals with which our nation was founded. It is in keeping with what our people have sought through i out their history. So our delegation goes to Bangkok with conf . dence, because we know that our mission is sustained by national faith and national purpose. d ಪ = ರ -5ة S 8 B. THE PACIFIC AND SOUTHEAST ASIA 8 D t The ANZUS Pact W 0 m li [For the text of the Security Treaty of Sept. 1, 1951, between the United States, Australia, and New Zealand (the ANZUS Treaty), see supra, pp. 878-880.] r 3. ESTABLISHING THE MACHINERY OF THE ANZUS COUNCIL: Communiqué of the First Meeting of the ANZUS Council, Kaneohe , Hawaii, August 7, 1952 2 t C C C The Anzus Council established by the security treaty between Australia, New Zealand and the United States 3 concluded its first meeting at Kaneohe today. The Right Honorable Richard G. Casey Minister for External Affairs, represented Australia; The Honorable T. Clifton Webb, Minister for External Affairs, represented New Zealand; and The Honorable Dean Acheson, Secretary of State represented the United States of America. Advisers of the Australian Minister for External Affairs included : The Honorable Sir Percy Spender, Ambassador to the United States Mr. Alan Watt, Secretary, Department of External Affairs; Sir Fred- erick Shedden, Secretary, Department of Defense and Air; Vics Marshal F. R. W. Schergerhead, Australian Joint Service Staff . 1 See Soviet proposal of Feb. 10, 1954; Foreign Ministers Meeting: Bebas Discussions, January 25-February 18, 1954.4 Department of State publication 539 1954), pp. 231-232. 2 Department of State Bulletin, Aug. 18, 1952, pp. 244–245. 3 Treaty of Sept. 1, 1951; supra, pp. 878-880. THE FAR EAST AND SOUTHEAST ASIA 2329 er cas machinery the general nature of which was agreed to: The Advisers of the New Zealand Minister for External Affairs m. included: The Honorable Leslie K. Munro, Ambassador to the 10 United States; Mr. Foss Shanahan, Deputy Secretary, Department he of External Affairs; and Major General W. G. Gentry, Chief of General ce Staff . th The Advisers of the United States Secretary of State included: The Honorable Philip C. Jessup, Ambassador at Large; The Honorable 2St George W. Perkins, Assistant Secretary of State for European Affairs; at The Honorable John M. Allison, Assistant Secretary of State for Far Eastern Affairs; and Admiral Arthur W. Radford, Commander in Chief, Pacific and U. S. Pacific Fleet. At the end of the meeting the three Foreign Ministers issued the to following announcement: fic (The] Anzus treaty recognizes that an armed attack in the Pacific Lal area on any of the parties would be dangerous to the peace and security of all signatories and declares that each would act to meet the common danger in accordance with constitutional processes. The treaty also establishes the Council as the means for a closer consultative relation- ship among the three governments. We believe that the Council will afford each of us the opportunity to achieve more effective cooperation as members of the free world. We take this occasion to reaffirm the principles of the treaty. At this first meeting we have established the necessary organization to implement the treaty. In following the provisions of the treaty which states that the Council is to consist of the three foreign ministers or their deputies we have agreed that the Council of Ministers should meet annually, one year in the United States and the alternate year ed in Australia or New Zealand. The Council also agreed that special meetings normally attended by the Deputies will be held in Wash- ington to provide for continuing consultation and to provide a focus L: where existing channels and agencies may be utilized in the imple- mentation of the treaty. The deputy members of the Council will be: For Australia, The Honorable Sir Percy C. Spender, Ambassador to the United States; for New Zealand, The Honorable Leslie K. Munro, Ambassador to the United States; and for the United States, The Honorable David st K. Bruce, Under Secretary of State. 1 To ensure that effective measures are taken to implement Article III of the treaty the Council will have the advice of appropriate military officers of the three governments. Admiral Arthur W. Radford, USN, has been designated as the United States military representative ac- credited to the Council. The Australian and New Zealand military .: representatives will soon be designated. An early meeting of these B; officers will be held at Honolulu to work out details of the military light of Article VIII of the treaty which authorizes it to maintain a consultative relationship with other states and regional organizations. The Council discussed the ways and means by which it might con- tribute to the growth of the system of regional security referred to in 8, 31 le -1 2330 1950–1955 AMERICAN FOREIGN POLICY, 1 1 ] this article and reaffirmed on behalf of the three governments the need for collective defense in the Pacific area. The Council examined the possibility of providing arrangements for the association of other gor ernments in its work. Recognizing that the Council is just beginning to evolve its own tripartite organization and program it came to the conclusion that it would be premature at this early stage in its own development to attempt to establish relationships with other states or regional organizations. The Council agreed, however, that in the meantime the members of the Council would continue to keep in close touch through existing channels with other states concerned to pre- serve peace in the Pacific area. We reaffirm that our governments are dedicated to the strengthening and furtherance of friendly and peaceful relationships among nations in the Pacific area. In so doing we emphasize that the purpose of the Anzus treaty is solely the defense of its members against aggres sion. As is clear from the treaty itself this is fully consistent with the principles of the United Nations Charter and with the obligations of the members under the charter. The ANZUS Council is dedicated to help support and implement the principles and responsibilities of the United Nations. The principle of collective security is the common objective of both and the security system of the United Nations which we are seeking to build will be made stronger by the steps which we have taken here. Furthermore, in our discussion of how best to con- tribute by constructive measures to the security of the Pacific ares we have taken into account the membership of Australia and New Zealand in the British Commonwealth and United States participation in the North Atlantic Treaty organization and its association by treaty with the other American republics and with Japan and the Philippines. We have taken the opportunity to review situations of mutual con- We exchanged views on the operations of the United Nations in Korea and the problem of assisting the free nations of Asia to resist Communist imperialism. We emphasize, however, that we neither reached any decisions nor undertook any commitments regarding matters of direct concern to our friends in the Pacific area or elsewhere. 1 1 1 1 1 Cern 4. THE ANNUAL REVIEW: Communiqué of the Second Meeting of the ANZUS Council, Washington, September 10, 1953" The Anzus Council, established by the Security Treaty between Australia, New Zealand, and the United States, concluded its 2-day meeting in Washington' today. The Right Honorable Richard G. orable T. Clifton Webb, Minister of External Affairs, represented New Casey, Minister for External Affairs, represented Australia; the Hon Zealand; and the Honorable John Foster Dulles, Secretary of State , represented the United States of America. 1 Department of State Bulletin, Sept. 28, 1953, pp. 414-415. THE FAR EAST AND SOUTHEAST ASIA 2331 WI tes Se uns 28- he OD ch Te 11 Representatives in the carrying out of their responsibilities. It eed In addition to the Ministers the delegations included, for Australia: the His Excellency the Honorable Sir Percy C. Spender, Ambassador to the United States, and Lt. General Sir Sydney F. Rowell, Chief of the img General Staff; for New Zealand: His Excellency Leslie K. Munro, Ehe Ambassador to the United States; Alisteir D. McIntosh, Secretary of External Affairs; and Maj. Gen. W. G. Gentry, Chief of the General Staff; and for the United States: The Honorable Livingston T. Mer- che chant, Assistant Secretary for European Affairs; the Honorable Walter S. Robertson, Assistant Secretary for Far Eastern Affairs; the Honor- able Carl W. McCardle, Assistant Secretary for Public Affairs; and Admiral Felix Stump, Commander-in-Chief, Pacific and U.S. Pacific ng Fleet. By invitation of the Council Admiral Arthur W. Radford, Chairman of the United States Joint Chiefs of Staff and formerly of U.S. Military Representative accredited to the Council, attended the meeting in a consultative capacity. At the conclusion of the meeting the Council issued the following of statement: to The Council affords the Foreign Ministers of the three Governments he the opportunity to consult together periodically in regard to the im- plementation of the Anzus Security Treaty and to discuss various matters of interest and concern to their countries. It is the over-all objective of the Anzus partners, building on the foundation of the Treaty, to strengthen the relationships between their Governments at both the political and military levels and to seek the most effective means of providing for their common defense. At this meeting the Ministers again affirmed the defensive nature ST of the Treaty. They expressed the determination of their Govern- ments that Anzus shall play its full part in the maintenance of peace and security in the Pacific. They took, however, no decisions and reached no agreements directly affecting the interests of the other nations of the free world, but discussed in considerable detail the general world situation with specific reference to areas under threat from Communist imperialism. In its deliberations the Council surveyed situations in the Pacific specifically affecting the security of the three countries. It took special note of those areas in which Communist aggression has led to outright hostilities. In particular the Council considered the situation in Korea and in Indo-China. Each Minister expressed the view of his Government that under present circumstances no question of the recognition of Communist China or of the admission of its representatives to the United Nations would be entertained. The Council examined reports from the Military Representatives, who were appointed at its first meeting last year to advise the Council concerning the military aspects of the implementation of the Treaty. The Military Representatives held their first meeting in September 1952 and concluded another meeting at Pearl Harbor last week. The Council noted with satisfaction the progress made by the Military found that their reports demonstrated clearly the importance of con- 88 ET OD ne ju ាទ st OT 0 1 1 } be pressed forward. They also shared the conviction expressed 2 Treaty of Sept. 8, 1951 (supra, pp. 885-886), and statements by President 1 Treaties of Aug. 30, 1951, and Oct. 1, 1953; supra, pp. 873-875 and 897-898. 2332 AMERICAN FOREIGN POLICY, 1950–1955 tinuing the close cooperation established by the Representatives during the past year. The Council considered its responsibilities in the light of Article VIII of the Treaty, which authorizes it to establish consultative relationships with other states and regional organizations . It reviewed its own position vis-a-vis other existing defense arrange ments in the Pacific and considered the place of Anzus in the devel- opment of a broader collective security system for the area. The Council affirmed its readiness to consider any measure which would strengthen the defense of the area. It unanimously concluded , however, that to attempt to enlarge its membership would not con- tribute directly and materially to this end. The Council noted the fact that each of the three Governments already has other relationships and responsibilities. It recognized the important interests of other countries in the Pacific. The ANZUS Treaty is one of a number of arrangements for the furtherance of security among the nations of the area. The United States is & partner in a mutual security pact with the Philippines and has initialed such a pact with Korea. It has a Security Treaty with Japan and has defense understandings with the National Govern- ment of China in Formosa. Then again, Australia and New Zea- land as members of the British Commonwealth, have the closest ties with Great Britain and the other Commonwealth nations. All these arrangements and relationships constitute together a solemn warning to any potential aggressor and represent the growing founda- tion for lasting peace in the Pacific. 5. COLLECTIVE DEFENSE IN SOUTHEAST ASIA: Statement by Representatives of the ANZUS Governments at Their Informal Consultative Meeting, Washington, June 30, 1954 3 Today's Anzus meeting was one in the continuing series of such meetings providing close consultation among Australia, New Zea- land, and the United States, the three signatories to the Anzos treaty. The situation in Southeast Asia was discussed in the light of cur- rent developments, including the talks just concluded in Washington . The Australian and New Zealand representatives expressed satis- faction with the statement by President Eisenhower and Sir Winston Churchill that plans for collective defense in Southeast Asia should Truman, June 27, 1950 (infrà, p. 2486), and by President Eisenhower, 1953 (infra, p. 2475). 3 Department of State Bulletin, July 12, 1954, p. 50. 4 Statement of June 28, 1954; supra, pp. 1705-1706. Feb. 2, THE FAR EAST AND SOUTHEAST ASIA 2333 zes cle ve It ge el he old d. that, if at Geneva the French Government is confronted with demands which prevent an acceptable agreement regarding Indochina, the international situation will be seriously aggravated. All three representatives at the ANZUS meeting agreed on the need for immediate action to bring about the early establishment of col- lective defense in Southeast Asia--an area in which the three par- ticipating countries are all vitally concerned. 11- 6. THE ANNUAL REVIEW: Communiqué of the Fourth Meeting of the ANZUS Council, Washington, September 24, 1955 1 its ed he ce 8 22s th ት- 1- es 1 II H- The Anzus Council affords the Foreign Ministers of the three Governments the opportunity of regular, periodic consultation in regard to international and defense matters of mutual interest and concern. The over-riding objective of the Anzus partners is to strengthen the relationships between their Governments and to seek effective means of providing for their mutual security. At this meeting the representatives of the three Governments were glad to note that since their last meeting in 1954, at which they had agreed on the need for the early establishment of collective defense in Southeast Asia, the Manila Pact has been concluded. They unani- mously agreed that the Manila Pact, which is history's first multi- lateral collective defense organization with East Asian participation, represents a further highly significant development toward sustaining and strengthening peace and security in an area of vital concern to the free world. In addition to mutual membership in Anzus and the Manila Pact, the Ministers noted that their countries have other relationships which contribute to the development of strength and stability in the area. The Ministers discussed at some length the developments in the world situation occurring since the last meeting of the Anzus Council . They noted with satisfaction the efforts made at the Geneva meeting of heads of government 4 toward reducing the causes of world tension. They expressed the hope that these preliminary steps would be fol- lowed by positive action. They were in firm agreement that world developments do not so far justify any relaxation of the efforts of the free world to maintain a posture of defensive strength. Department of State Bulletin, Oct. 3, 1955, p. 534. * See statement of June 30, 1954; supra. Treaty and protocol of Sept. 8, 1954; supra, pp. 912-916. See The Geneva Conference of Heads of Government, July 18-23, 1955 (Depart- ment of State publication 6046; 1955) and supra, pp. 111-114. h " S 0 8 2334 1950-1955 AMERICAN FOREIGN POLICY, The Southeast Asia Treaty Organization (SEATO ( (For the text of the SEATO Treaty, September 8, 1954, see supra, pp. 912-916.) 1 7. ESTABLISHING THE MACHINERY OF SEATO: Communiqué of the First Meeting of the SEATO Council, Bangkok, February 25, 1955 1 { CD S Treaty S f 1 I 8 I The Foreign Ministers of Australia, New Zealand, Pakistan, the Philippines, Thailand, the United Kingdom, and the United States and the Representative of France have completed the First Meeting of the Council established by the Southeast Asia Collective Defense The Treaty entered into force on February 19, 1955 , following the deposit of the instruments of ratification with the Government of the Republic of the Philippines. The Council has held six sessions in Bangkok from February 23 to February 25 under the Chairmanship of H. R. H. Prince Wan Waithayakon, Foreign Minister of the Government of Thailand. The Council met in circumstances which give increasing urgency to the objectives of the Treaty. The Members of the Council declared the dedication of their Governments to the purposes and principles set forth in the Charter of the United Nations, and in particular , they asserted their hatred of war and their determination to take all possible measures to preserve and strengthen peace. They reiterated that such military arrangements as they may make will be purely defensive, in accordance with their international obligations, and will never be used for purposes of aggression. The Council reaffirmed the aim of their Governments, as set forth in the Pacific Charter: 3 to uphold the principle of equal rights and self-determination of peoples; to promote self-government and to secure the independence of all countries whose peoples desire it and are able to undertake its responsibilities; to continue to cooperate in the economic, social, and welfare fields' in order to promote higher living standards, economic progress, and social well-being in this region; and to prevent or counter by appropriate means any attempt in the Treaty area to subvert their freedom or to destroy their sov- ereignty or territorial integrity. Upholding the principle of non-interference in the internal affairs of other states, the Council stressed the paramount need for the main tenance in peace of the integrity and authority of freely constitute governments in the area and of the right of peoples to determine their own destiny without external interference. They, therefore , condemned not only warlike action but also those subtle forms of 1 Department of State Bulletin, Mar. 7, 1955, pp. 371-373; see also ibi. pp. 373-375. 2 Treaty of Sept. 8, 1954; supra, pp. 912–916. 3 Agreement of Sept. 8, 1954; supra, pp. 916-917. THE FAR EAST AND SOUTHEAST ASIA 2335 " he ES 8 se 5. ne 25 aggression by which freedom and self-government are undermined and men's minds subverted. This Meeting has provided the Members of the Council with an opportunity for bringing about closer ties among their own govern- ments in achieving their common objectives and purposes under the Treaty. They believe that the Manila Treaty is already exerting a positive influence for the maintenance of peace in Southeast Asia and the Southwest Pacific, and that the solidarity of the member nations, shown at the present meeting, will serve as an increasingly powerful deterrent against aggression. The Council recognized the continuing dangers to peace and security in the Treaty area and agreed that these threats make it imperative that the member governments take steps to strengthen the common defense. It was recognized that subversion and infiltration constitute a serious threat to the peace and security of the area and that this demands special efforts in all aspects of the national life. The Council dis- cussed specific attempts by elements directed from outside to subvert free institutions and governments in the Treaty area. The Council viewed these subversive activities with grave concern and was deter- mined to help the peoples of the area to resist them. There was agreement on the need for cooperation among the member govern- ments to assist one another in combatting the subversive activities of international Communism. The Council decided to arrange for con- tinuing consultation and mutual assistance and to make it possible for each member government to draw upon the experience of the others in dealing with this danger. In this connection the Council received a valuable report on the Philippine experience in combatting internal dissidence, and noted the statement of the United Kingdom Delegation on the improved situation in Malaya. The Council agreed upon the importance of implementing Article III of the Treaty which provides: The Parties undertake to strengthen their free institutions and to cooperate with one another in the further development of economic measures, including technical assistance, designed both to promote economic progress and social well- being and to further the individual and collective efforts of governments toward 7 es V ut 24 h d 0 d 1 1 these ends. S it ber S d e Arrangements were made for economic experts designated by mem- governments to meet periodically wherever appropriate and con- venient on matters within the scope of this Article. The members of the Council recognized that while certain economic matters such as trade, the international payments, development, in- vestment, and sound economic progress involved a wider geographic area and desirably included cooperation with many friendly states as well as with the member states, nevertheless special economic ques- tions arise out of the Treaty commitments of the member govern- ments and may involve individual and cooperative_steps which member states could take to resolve these questions. The economic experts designated will advise Council representatives on these meas- eures . The first meeting of the economic experts will take place at à !! early date. 2336 AMERICAN FOREIGN POLICY, 1950–1955 They will also make arrangements for a Secretariat to assist them, i r The Council representatives may request the member governments may from time to time be working on projects under the Treaty. The Council noted with interest the statement by the United States Delegation about the peaceful uses of atomic energy. The Council is deeply conscious of the potential contributions of atomic energy to the health and standards of living of the peoples of the member nations and welcomed the proposed discussions relating to further cooperation and assistance in the atomic energy programs directed toward achieving these benefits. Realizing the importance to the security of Southeast Asia and the Southwest Pacific of the States of Cambodia, Laos, and of the free territory under the jurisdiction of the State of Viet Nam, the Count cil reaffirmed the determination of the member governments to sup port these three States in maintaining their freedom and independ- ence as set forth in the Protocol to the Treaty! The Council was informed of assistance which had been extended to the three States and expressed the hope that member governments would offer further assistance, Having thus exchanged views, the members of the Council made the following arrangements to help carry out the provisions of the Treaty: Operation of the Council The governments will be represented on the Council by their For ? eign Ministers or their designated representatives. The Council will meet at least once each year and more often when deemed necessary . It will usually meet in the Treaty area. Decisions of the Council will be taken by unanimous agreement. Designation of Council Representatives In order to assure close and continuing cooperation when the Colum cil is not in session, the Council has agreed to designate Council repre- sentatives who will have their seat in Bangkok. The Council repre! sentatives will maintain continuing consultation on matters relating to the Treaty and will perform such special tasks as the Council maj from time to time, direct. They may make agreed recommendation ? to the Council or, when the Council is not in session, to the member governments with respect to implementation of the Treaty. Through the Council representatives the member governments may raise ma ters relating to the Treaty and agree on the steps to be taken 1 carrying out its provisions. tasks. Working groups composed of such personnel may me 1 wherever appropriate and convenient. The Council representatives will ensure appropriate exchange of information and close coordination of planning among such groups 0 a M CI 61 II S1 1 Protocol of Sept. 8, 1954; supra, p. 916. THE FAR EAST AND SOUTHEAST ASIA 2337 ree nd- TAS tes tes the personnel of the Secretariat being made available by the cil representatives on a contributed basis. to The Council directed that the Council representatives begin opera- bertions as soon as possible and that one of their first tasks should be to her arrange meetings of specially qualified personnel designated by mem- ted ber governments to assist the Council representatives in considering means of strengthening cooperation in combatting subversion and the infiltration. The Council also requested the Council representatives to explore the opportunities for increasing cultural and technical cooperation up- among the member governments and to submit recommendations to the next meeting of the Council. Military Advisers to the Council her Each of the governments agreed to designate a Military Adviser to its member of the Council. nde The Military Advisers will make recommendations to the Council the on military cooperation under the Treaty. They will meet periodically as required, will formulate their own rules of procedure and any necessary organizational arrangements. The Military Advisers at this Council meeting met on February Or 24 and 25. They exchanged views concerning the military aspects of il the Defense Treaty and as a result of these discussions their staff TY. planners will meet in Manila in April 1955 to initiate plans for the nel implementation of certain military aspects of the Treaty. Shortly thereafter the Military Advisers will again convene in Bangkok. Peace and Security of the Area Although they represent diverse nations and peoples, the members ore of the Council were unanimous in the belief that this meeting has are enabled them to understand and appreciate the problems facing the ing governments of the countries covered by the Treaty in the common BY effort to ensure peace and security under the Treaty. The progress pris achieved at this first Council meeting provides solid hope for closer bet cooperation among the member governments for the good of the ugh region as a whole. The members of the Council are united in their 195 conviction that the common efforts of their governments are con- tributing positively to the peace and security of the area, both for the member governments and for other free nations in the region. The Council expressed the hope that these free nations will associate them- it selves in the near future with the work to be undertaken under the Win- ats eet Treaty. of 388 aty. emi, 415900_-57-Vol. 2_444 2338 AMERICAN FOREIGN POLICY, 1950-1955 I Te It CO 10 CO re pe OD The peoples in these countries, fact, I suggested I might talk to you about the Colombo Plan- the first place, because I have just returned from Ottawa where I Colombo Plan countries; 3 and in the second place, because I think 2 Delivered before the Far East-America Council of Commerce and Industry, The Colombo Plan th 8. THE ROLE OF THE UNITED STATES IN THE COLOMBO of PLAN: Address by the Assistant Secretary of State for Economie Affairs,1 October 14, 1954 ? The theme of your conference is "Strengthening Economic Ties Between the United States and Asia.” There is no need to tell this audience the importance of that objective. Indeed, your Council exists largely for that purpose--to enlarge American understanding A of the nature and content of our economic relations with Asia and to strengthen the economic ties between our country and Asian countries . O Neither do I need to tell the members of this audience how impor-B tant it is for our own interests and for the sake of peace and stability in the world that the aspirations of the countries of Asia for economie ha progress should be fulfilled. In those countries it is literally true be that the future of the democratic way of life and the democratic form of government depends to a very considerable extent on whether or be not it will prove possible to achieve some measurable economic pro- As gress, some visible economic development, by democratic methods do All of the free countries of Asia stand challenged by the totalitarian an governments of Russia and Red China. They are constantly being al told that enormous progress has been made and is being made those Communist countries. They are not in a position to say that this is not so. They know, however, that if it is so this progress is being accomplished at a great price in human freedom and dignity. Nevertheless, whatever progress is being made in the slave states is a challenge to the free countries. The peoples of those free coun: tries—many of them newly independent and newly possessed of the freedom to manage their own affairs-have chosen a system of govern however, are not academic political scientists; they are farmers in the WE fields and workers in the factories. To them the worth of a political system is measured by what it can do what it can produce in the way of economic well-being and increasing general welfare. iti To us the outcome of this challenge and this effort is of the greatest importance. I need not belabor with you the reasons why this is so You know them full well. I have been asked to talk today about one important set of eco nomic ties between the free countries of Asia and the United States th and certain other free countries of the West--the Colombo Plan. In 1 Samuel C. Waugh. New York; Department of State Bulletin, Nov. 1, 1954, pp. 640-644. Sc 3 See ibid., Sept. 27, 1954, pp. 464-465. an an ac så in OC SU m PI eco Wh of ent 19 THE FAR EAST AND SOUTHEAST ASIA 2339 1 MIC vi definite and identifiable things to be done. In order to lend con- 1957, and to set down as specifically as possible what, during this 1 See The Colombo Plan for Cooperative Economic Development in South and Southeast Asia (Cmd. 8080; London, 1950). that not enough of our people understand what the Colombo Plan is and what our relationship to the Plan involves. The Colombo Plan was conceived initially in 1950 as an organization of Commonwealth countries to focus attention on the economic de- ТВО velopment problems of the countries of South and Southeast Asia. It is designed to provide a framework within which international cooperative efforts can be made to promote sound and enduring eco- nomic progress in that area. Ties As I said, in its origins the Colombo Plan was a Commonwealth this concept. It initially included on the one side the economically de- and reloped countries of the Commonwealth such as Great Britain, Canada, In Australia, and New Zealand; and on the other side the newly inde- Ho pendent or not yet fully independent Asian countries members of the ries. Commonwealth such as India, Pakistan, Ceylon, Malaya, British por-Borneo, plus Burma. In the interim, however, the geographic scope of the membership Taic has been so radically enlarged that it can no longer be thought of as true being, in any way except historically, a Commonwealth project. Not orm only has the United States since 1951 associated itself as a full mem- at ber , but other non-Commonwealth countries of South and Southeast 210- | Asia have also joined, such as Cambodia, Laos, Viet-Nam, and In- ods.donesia. Last week at Ottawa, Japan was admitted to membership, 101 and Thailand and the Philippines, which had heretofore been observers, sing also became full members. In alí, there are now 17 member countries, and the area stretches from Pakistan to the Philippines. In this hat area live 720 million people, about 29 percent of the world's population. A COMMITTEE FOR ECONOMIC DEVELOPMENT ates What is the Colombo Plan? The easiest and most enlightening the aiswer to that question is to explain it is not a plan in the commonly accepted use of the word "plan" but that it is exactly what its title ies , says it is--the Consultative Committee for Economic Development the in South and Southeast Asia. It is a committee of nations all of which are, for one reason or another, constructively interested in the the economic development of the free countries of this area. It is a con- sultative committee, not a continuing organization. There were in- tial formative meetings of the group in 1950 and 1951 at Colombo, at Canberra, and at London. Starting in 1952 there have been annual meetings to review progress in economic development and to assess prospects for the future. In the course of the formative meetings the member countries of In the South and Southeast Asia area were encouraged to formulate efonomic development programs and thereby to translate their some- vague aspirations for economic progress into concrete schedules eeteness and definiteness to the undertaking, the countries agreed to å 6-year period extending from July 1, 1951, to June 30, SIS .. un- en- ical est SO. CO- tes what el the ink envisage try, 2340 AMERICAN FOREIGN POLICY, 1950–1955 agreed by the Colombo Plan countries that they would no longer plans. The plans were sufficiently definite that it would be possible and Southeast Asia: Fourth Meeting at Karachi, Pakistan, March, 1952 (Depart 1 See Report of the Consultative Committee on Economic Development in South period, they hoped to be able to accomplish, how they expected to be finance their programs, what policies and legislative measures they an expected to have to pursue, and what goals of investment and produ tion they hoped to be able to reach. C These economic development programs-each of which is an indre vidual country development program—when taken collectively andis known as the Colombo Plan. be The subsequent meetings, which took place after the formatin be meetings, were held in 1952 and 1953 at Karachi and New Delhi , rec and this year (1954) in Ottawa. At these annual meetings the coun les tries of the area review the results of the year just passed. They lag te out on the table for frank and friendly discussion what they have a to complished, what they have failed to accomplish, what difficulties they have encountered, what changes they have felt constrained to cor make in their development plans, and what policies they have pursued on Similarly, they evaluate their prospects for the future; they try to assess what is likely to happen in the way of changes in trade, increases or decreases in public revenues, shortfalls or overage do in the achievement of specific development targets. They appras what has been available to them heretofore and what is likely to be sien available in the future in the way of external assistance. They er en amine what has been and what is likely to be the role of private foreiga , o investment in their economic development, what they have done pa and left undone to attract foreign investment and mobilize domestila capital The Colombo Plan period from 1951 to 1957 is, you will notice 4 just a little bit more than half over. After the formative meeting the significance of the 6-year framework has, I think, become progress sively less. The usefulness of the 6-year concept was that it helpt b. and enabled the countries of the area to view their development are problems more concretely. It forced them to examine their problem tu and their aspirations in terms of what definite, concrete things could to be done within a finite and agreed period of time. This searching me examination by the Colombo Plan countries was very healthy. ) made for realism and for a very valuable, if painful , translation of te general plans into precise projects. ANNUAL REVIEW OF PROGRESS Now, however, the benefits of this rigid time period have been realized. It is no longer necessary or even very useful to contigu refining and modifying the 6-year targets. Indeed, at the annual review meeting that held at Karachi in 1952 4-it tic keep making technical and statistical adjustments in the 6-pere Cr ment of State publication 4650; 1952). ase na 82 800 very firs an WAS nic 1 195 THE FAR EAST AND SOUTHEAST ASIA 2341 - are 1 See supra, pp. 992-1000. an sued one of this group. ragas Taise go Colombo Plan intellectual framework emphasizes to a very large ed H been accomplished in the preceding year and to evaluate the tasks ther and the problems for the foreseeable period lying ahead. odu) It has been customary in the deliberations of the Consultative Committee to draw a loose line of distinction between the so-called indi recipient countries and the so-called contributing countries. The distinction is, however, becoming more and more à tenuous one because—and this is one of the great virtues of the Plan--there has satie been engendered a process of cooperation and mutual aid among the Dell, recipient countries such that almost all of them are to greater or com lesser extent contributing countries to one another. They borrow y la technical skills and technical assistance from each other according rew to their respective needs and their respective capacities to assist. ed or almost altogether contributing countries. The United States is ry to I have said that we are a full member of the Colombo Plan. I have ms d also said that we are a contributing-country member. Now what does this mean? The point that must be emphasized is that the Colombo Plan is to be simply an intergovernmental committee. We do not contribute yer anything to any central pool. There is nothing analogous to the reign Organization for European Economic Cooperation. There is no done process by which the contributions of the contributing countries are mestic parceled out or allocated by any international organization. Our assistance to the countries of the area-like that provided by Canada, tie Australia, New Zealand, and the United Kingdom-is bilaterally ting given and bilaterally received. Our contribution, in other words, agres is the sum total we do in the various countries of the area to promote ped the economic development of those countries. Our aid programs ment are our governmental contribution. We are not under any contrac- olen tual obligation either to provide any definite amount of assistance zouk to any one country or to all of them taken together; nor, for that matter, are we under any contractual obligation to provide aid at all to any particular country. In Burma, for example, our aid program en dterminated at the request of the Burmese Government.? Neither are we under any obligation to provide assistance in any uniform way or according to any uniform pattern. Our aid programs n Viet-Nam, Laos, andCambodia have been very different in their nature and orientation from our programs, for example, in India and Indonesia. Nevertheless, whatever we do to help to promote economic development in any of the countries of the area is accepted and regarded as our contribution in relation to that particular country. I have been emphasizing our aid programs and our public contribu- tions toward economic development in this area. Indeed, the whole extent public programs of economic development and public tech- ziques of intergovernmental cooperation. This is understandable. been cique first 1788 nge le- had ould Dierl 1953, p. 530. 2342 AMERICAN FOREIGN POLICY, 1950-1955 W 21 W ca th and which has not yet been published—they have noted that govern" | PIE ments can help to mobilize private capital by seeking to minimize In the annual meetings the countries of the area are prepared to have manifested themselves. These meetings are by no means & The governments of the area naturally are in a better position to a measure what has been accomplished by public action and to assess what needs to be done through public development projects. Like- wise the aid that is given by governments and received by governments is easier to measure than the less tangible benefits of private foreiga a investment. di Nevertheless, this natural tendency to concentrate upon what is done in what these countries call “the public sector" does not reflect of any unhealthy bias in favor of public projects. Indeed, the countries of this area are fully aware of the benefits of and their need for private foreign capital. They have, for example, included prominently in their calculations of sources and possibilities of external assistances an assessment of what can be borrowed on the private international capital markets and of what steps need to be taken by them to im- prove their credit-worthiness. Many of the countries in the arek sp have taken specific measures to improve the climate for foreign investment. They have issued official declarations welcoming 50 foreign enterprise either in general or at least in specific fields. They have publicly recognized also that government measures are not the th only factors governing the import of capital, and, for that matter, that the mere absence of discriminatory government measures is not a in all cases sufficient to overcome the shyness of foreign capital. Hence they recognize further that if they desire foreign participation in specific fields they will probably have to take positive steps to attract it. JU Therefore, in the various annual reviews the Colombo Plan coun- tries have recognized and welcomed any evidence that may Cc have developed during the preceding year of willingness on the part of . foreign investors to undertake enterprises in the countries of the area, especially if these enterprises happen to be undertaken jointly with local capital—as was the case, for example, with the Sui ga project in Pakistan and the oil refinery investments in India and as promises to be the case in the investment finance corporations being established in India and Ceylon. pu Po PRIVATE CAPITAL MOBILIZED The countries of the area have not only, therefore, recognized the need and the scope for private foreign participation in the develop ment process; they have also recognized the overwhelmingly urged problem of mobilizing private domestic capital. In the most recent annual report, for example—that which was just prepared at Ottawa of governmental regulations and irksome methods of tax administration . the face frankly the difficulties that exist and the shortcomings th IT & ta cap C0 on CA mi fig ye ME 150 to COI which mo THE FAR EAST AND SOUTHEAST ASIA 2343 Sess im- not their problems and difficulties and shortcomings is in its aggregate a her Deshmulh (who was the chairman) that the Colombo Plan was "a toare rather a frank and friendly review of what has been done and what still needs to be done. ike The prevailing tone, for example, of the annual report just drafted ents at Ottawa is one of optimism combined with stark realism. The aign ein countries, when they reviewed the pace and the content of economic development during the year just passed, were able to conclude that i significant and encouraging progress had been made in a number Hect of important respects but that there was no room for relaxation of tries effort. They recognized that in some countries the progress realized rate was relatively small; that throughout the region as a whole the i population has been growing rapidly indeed, at an annual rate of nce slightly over 9 million) and that, therefore, food production per capita (despite very creditable increases in total food output) was still below prewar levels; that underemployment in rural areas was wide- red spread and that unemployment in urban areas, particularly of edu- eign cated persons, presented a serious social problem; that trained per- ning sonnel in many fields was not yet available in sufficient numbers; "her that in some of the countries of the area the process of formulating the balanced development programs was still not far enough along; Eter , that there was only a narrow margin of production over consumption and that, therefore, the level of savings and the level of tax revenues Ital provided on the whole only a precarious base for development in inancing sto This is indeed a formidable enumeration of problems to be faced and difficulties to be overcome. It is, of course, not the whole story. Just as I did not want you to think that the annual meetings of the Colombo Plan group of countries were limited to an uncritical eulogy of results achieved, neither did I want you to think that they represent the session of breastbeating and complaining over the hardness of the athy task. Indeed, at this same Ottawa meeting which produced the catalogue of problems which I summarized a few minutes ago, the countries of the area were able also to record that their own outlays zing on development had increased considerably over those for the pre- ceding year. In India, for example, development expenditures by public authorities for the year 1951-52 were roughly $550 million. For the year 1953–54, they had increased to $705 million and are epicted for the year ending June 30 next to approximate $1,170 milion if financing is available. For Pakistan the comparable fgures are for the fiscal year 1951–52, $125 million; for the fiscal year 1953–54, $275 million. These, indeed, are very creditable results and expectations. I pention them merely lest you think that the sessions of the Colombo Pan meetings are devoted entirely to lamenting over the difficulties is the economic development problems of the area. But to return to the summation of the problems, the frankness with which the countries of the area have discussed among themselves and with us e 1953 Colombo Plan meeting by Indian Finance Minister C. D. un- are t of gas 1 83 the lop- fent cent 2178 10B. zich S 8 2344 AMERICAN FOREIGN POLICY, 1950–1955 D ar tu mo 1 Report on Indonesia (published periodically by the Embassy of Indonesia & The Afro-Asian conference had been suggested at a meeting at Colombo, Ceylon, of the Prime Ministers of Burms, Ceylon, India, Indonesia, and Pakistan held from Apr. 28 to May 2, 1954, for the Relations, 1954 (New York, 1955), pp. 272-276. Detailed plans for the conference were worked out at a subsequent meeting of the Prime Ministers at Bogor, Indo Ni nesia, Dec. 28–29, 1954; the Dec. 29, 1954, communiqué of this meeting is printed great experiment in human relations.” It is very rarely that govern ments are able to come together and with so much freedom and 1 honesty and openness to say what they have done, what they have 1 failed to do, what they still need to do, what they intend to do, and what are the political and cultural limitations upon what they can del If there is any conclusion to be drawn as concerns what the mem- 15 bers of this Far East-America Council might learn from the experi ence, at governmental level, in the Colombo Plan, it is, I should think , 17 that there are almost limitless possibilities of fruitful cooperation 18 between the United States and the countries of Asia if there is evi- denced the same frankness, the same patience, and the same under- tai standing We in government know that there are difficulties in the way of establishing business connections in the countries of Asia. We know that there are frictions, there are uncertainties, there are difti culties of mutual understanding. However, from our experience at A. the governmental level we are quite certain there is a great fund of common interest and of common viewpoint. We conclude, therefore , that there is much which should be done and can be done to accom- plish the objective stated as the theme of this conference: "Strength- tri ening Economic Ties Between the United States and Asia." er th th the The Afro-Asian Conference 9. COMMUNIQUÉ OF THE CONFERENCE OF AFRO-ASIAN COUNTRIES, ISSUED AT BANDUNG, INDONESIA, APRIL 24, 1955 1 pu The Asian-African Conference, convened upon the invitation of the w Prime Ministers of Burma, Ceylon, India, Indonesia and Pakistan , ter met in Bandung from the 18th to the 24th April, 1955. In addition to sa the sponsoring countries the following 24 countries participated in the conference: th 1. Afghanistan 6. Gold Coast 2. Cambodia 7. Iran the 3. People's Republic of China 8. Iraq Wh 4. Egypt 9. Japan 5. Ethiopia 10. Jordan Washington), vol. 6, No. 9, June 1955, pp. 28–31. (V ibid., pp. . t SIC ve 1 } an Of: mit ve MI As 1 1 Do THE FAR EAST AND SOUTHEAST ASIA 2345 ern and / 11. Laos 187 12. Lebanon and / 13. Liberia do 14. Libya lem | 15. Nepal Der 16. Philippines int 17. Saudi Arabia tion 18. Sudan (VIII) of Dec. 7, 1953, and 822 (IX) of Dec. 11, 1954; U. N. General Assembly, Ninth Session, Supplement No. 21 (A/2890), pp. 11-12. Oficial Records, Eighth Session, Supplement No. 17 (A/2630), pp. 10–11, and ibid., 19. Syria 20. Thailand 21. Turkey 22. Democratic Republic of Viet-Nam 23. State of Viet-Nam 24. Yemen em The Asian-African Conference considered problems of common in- der- terest and concern to countries of Asia and Africa and discussed ways the and means by which their people could achieve fuller economic, cul- We tural and political cooperation. lifi est A. Economic Cooperation dof ore 1. The Asian-African Conference recognized the urgency of pro- om-moting economic development in the Asian-African region. There was gta general desire for economic cooperation among the participating coun- tries on the basis of mutual interest and respect for national sov- ereignty. The proposals with regard to economic cooperation within the participating countries do not preclude either the desirability or the need for cooperation with countries outside the region, including the investment of foreign capital. It was further recognized that the assistance being received by certain participating countries from out- side the region, through international or under bilateral arrangements, had made a valuable contribution to the implementation of their de- TAN 2. The participating countries agreed to provide technical assist- anice to one another, to the maximum extent practicable, in the form of: experts, trainees, pilot projects and equipment for demonstration purposes; exchange of know-how and establishment of national, and to where possible, regional training and research institutes for imparting an, technical knowledge and skills in cooperation with the existing inter- the 3. The Åsian-African Conference recommended: the early establish- ment of the Special United Nations Fund for Economic Development; the allocation by the International Bank for Reconstruction and De- velopment of a greater part of its resources to Asian-African countries; the early establishment of the International Finance Corporation which should include in its activities the undertaking of equity invest- ment, and encouragement to the promotion of joint ventures among asian-African countries in so far as this will promote their common 4. The Asian-African Conference recognized the vital need for . See United Nations General Assembly Resolutions 724 A (VIII) and 724"B velopment programmes. RIL nt national agencies. . 2 interest. & at had ma, 2201 ndo ated P. 2346 AMERICAN FOREIGN POLICY, 1950–1955 available information regarding the use of atomic energy for peaceti purposes; urged the speedy establishment of the Internation: sentation of the Asian-African countries on the executive authority ments to take full advantage of the training and other facilities in the i See United Nations Economic and Social Council Resolutions 512 A (XVI) of Apr. 30, 1954, and 557 F (XVIII) of Aug. 5, 1954; U. N. Economic and Social 2 See the report of progress in international use of atomic energy made i Ambassador Lodge before Committee I of the U. N. General Assembly, Nov. 1 stabilizing commodity trade in the region. The principle of enlarging the scope of multilateral trade and payments was accepted. How ever, it was recognized that some countries would have to take re course to bilateral trade arrangements in view of their prevailing eco- nomic conditions. 5. The Asian-African Conference recommended that collectie action be taken by participating countries for stabilizing the inter- national prices of and demand for primary commodities through bi lateral and multilateral arrangements, and that as far as practicable and desirable, they should adopt a unified approach on the subject i the United Nations Permanent Advisory Commission on Intern- tional Commodity Trade 1 and other international forums. 6. The Asian-African Conference further recommended that: Asisa- African countries should diversify their export trade by processing their raw material, wherever economically feasible, before export intraregional trade fairs should be promoted and encouragement given to the exchange of trade delegations and groups of businessmen; er change of information and of samples should be encouraged with view to promoting intraregional trade and normal facilities should be provided for transit trade of landlocked countries. 7. The Asian-African Conference attached considerable important to Shipping and expressed concern that shipping lines reviewed from time to time their freight rates, often to the detriment of participating countries. It recommended a study of this problem, and collective action thereafter, to induce the shipping lines to adopt a more reason able attitude. It was suggested that a study of railway freight of transit trade may be made. 8. The Asian-African Conference agreed that encouragement should be given to the establishment of national and regional banks and in surance companies. 9. The Asian-African Conference felt that exchange of information on matters relating to oil, such as remittance of profits and taxations i might eventually lead to the formulation of common policies . 10. The Asian-African Conference emphasized the particula significance of the development of nuclear energy for peaceful po poses, for the Asian-African countries. The Conference welcome .P the initiative of the Powers principally concerned in offering to mak Atomic Energy Agency 3 which should provide for adequate reports of the Agency; and recommended to the Asian and African Govet and ibid., Fighteenth Session, Supplement No. 1 (E2654), pp. 25-27. t C e 8 t CI o 1954; Department of State Bulletin, Nov. 15, 1954, pp. 742–750. 3 See U. N. General Assembly Res. 810 (IX) of Dec. 4, 1954; infra, pp. 2824. THE FAR EAST AND SOUTHEAST ASIA 2347 and African countries. True to the age-old tradition of tolerance rging e re en. ernes JFell these policies amount to a denial of the fundamental rights in the groups of nations and other civilisations and cultures that the Con- ference viewed the development of cultural cooperation among Asian peaceful uses of atomic energy offered by the countries sponsoring How such programmes. 11. The Asian-African Conference agreed to the appointment of Liaison Officers in participating countries, to be nominated by their respective national Governments, for the exchange of information and ctive ideas on matters of mutual interest. It recommended that fuller use Enter- should be made of the existing international organizations, and par- bi ticipating countries who were not members of such international cable organizations, but were eligible, should secure membership. ect in 12. The Asian-African Conference recommended that there should be prior consultation of participating countries in international forums with a view, as far as possible, to furthering their mutual sian economic interest. It is, however, not intended to form a regional bloc. SSING port; B. Cultural Cooperation CITED ; es 1. The Asian-African Conference was convinced that among the ith most powerful means of promoting understanding among nations is ld be the development of cultural cooperation. Asia and Africa have been the cradle of great religions and civilizations which have enriched other tane cultures and civilizations while themselves being enriched in the from process. Thus the cultures of Asia and Africa are based on spiritual nating and universal foundations. Unfortunately contacts among Asian acting and African countries were interrupted during the past centuries. as The peoples of Asia and Africa are now animated by a keen and sincere cht of desire to renew their old cultural contacts and develop new ones in the context of the modern world. All participating Governments houl at the Conference reiterated their determination to work for closer ad 2. The Asian-African Conference took note of the fact that the stuck existence of colonialism in many parts of Asia and Africa in whatever a tal form it may be not only prevents cultural cooperation but also sup- presses the national cultures of the people. Some colonial powers icul have denied to their dependent peoples basic rights in the sphere of pued education and culture which hampers the development of their home personality and also prevents cultural intercourse with other Asian man and African peoples. This is particularly true in the case of Tunisia, Reel Algeria, and Morocco, where the basic right of the people to study tical their own language and culture has been suppressed. Similar dis- repre crimination has been practised against African and coloured people 10 some parts of the Continent of Africa. The Conference felt that this and other forms of cultural suppression, In particular, the Conference condemned racialism as a means of suppression. 3. It was not from any sense of exclusiveness or rivalry with other Socie 6 p. cultural adell Vor , i 2348 AMERICAN FOREIGN POLICY, 1950-1955 I parts of the world. Such conduct is not only a gross violation of 4 See United Nations General Assembly Resolutions 637 (VII) of Dec. 16, 1952 (U. N. General Assembly, Official Records, Seventh Session, Supplement Now (A/2361), pp. 26-27), 648 (VII) -of Dec, 10, 1952 (ibid., pp. 33–35), 738 (VIII) Nov. 28, 1953 (ibid., Eighth Session, Supplement No. 19 (A/2630), p. 18), and 837 and universality, the Conference believed that Asian and African cultural cooperation should be developed in the larger context of world cooperation. Side by side with the development of Asian-African cultural coopers- tion the countries of Asia and Africa desire to develop cultural contacta with others. This would enrich their own culture and would also help in the promotion of world peace and understanding. 4. There are many countries in Asia and Africa which have not yet been able to develop their educational, scientific and technical institutions. The Conference recommended that countries in Asia and Africa which are more fortunately placed in this respect should give facilities for the admission of students and trainees from such countries to their institutions. Such facilities should also be made available to the Asian and African people in Africa to whom opportu- nities for acquiring higher education are at present denied. 5. The Asian-African Conference felt that the promotion of cultural cooperation among countries of Asia and Africa should be directed towards: (I) the acquisition of knowledge of each other's country; (II) mutual cultural exchange, and (III) exchange of information. 6. The Asian-African Conference was of opinion that at this stage the best results in cultural cooperation would be achieved by pursuing bilateral arrangements to implement its recommendations and by each country taking action on its own, wherever possible and feasible C. Human Rights and Self-determination 1. The Asian-African Conference declared its full support of the fundamental principles of Human Rights as set forth in the Charter of the United Nations and took note of the Universal Declaration of Human Rights ? as a common standard of achievement for all peoples and all nations. The Conference declared its full support of the principles of sels determination of peoples and nations as set forth in the Charter of the United Nations and took note of the United Nations resolutions a the rights of peoples and nations to self-determination, which is a pri requisite of the full enjoyment of all fundamental Human Rights 2. The Asian-African Conference deplored the policies and practice of racial segregation and discrimination which form the basis of gor ernment and human relations in large regions of Africa and in oibd 1 Set forth in Article 55 of the Charter; supra, p. 148. 2 A Decade of American Foreign Policy, pp. 1156–1159. 3 See, especially, Articles 1 and 55 of the Charter; supra, pp. 135 and 148 . 1 THE FAR EAST AND SOUTHEAST ASIA 2349 tural zcted (A/2119), pp. 12–13); 614 (VII), Nov. 6, 1952 (ibid., Seventh Session, Supplement Supplement No. 21 (A/2890), pp. 8-9). Ticu human rights, but also a denial of the fundamental values of civiliza- tion and the dignity of man. The Conference extended its warm sympathy and support for the pera curageous stand taken by the victims of racial discrimination, espe- tacka cially by the peoples of African and Indian and Pakistani origin in South Africa; applauded all those who sustain their cause, re-affirmed the determination of Asian-African peoples to eradicate every trace of 3 mot racialism that might exist in their own countries; and pledged to use inicdl its full moral influence to guard against the danger of falling victims to Asia the same evil in their struggle to eradicate it. hould such! D. Problems of Dependent Peoples made 1. The Asian-African Conference discussed the problems of depend- ortu- ent peoples and colonialism and the evils arising from the subjection of peoples to alien subjugation, domination and exploitation. The Conference is agreed: (a) in declaring that colonialism in all its manifestations is an evil which should speedily be brought to an end; (b) in affirming that the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and cooperation; stage © in declaring its support of the cause of freedom and inde- suing pendence for all such people, and (d) in calling upon the powers concerned to grant freedom and independence to such peoples. 2. In view of the unsettled situation in North Africa and of the persisting denial to the peoples of North Africa of their right to self- E the determination, the Asian-African Conference declared its support of arter the rights of the people of Algeria, Morocco and Tunisia to self-deter- ond, mination and independence and urged the French Government to oples bring about a peaceful settlement of the issue without delay. selfE. Other Problems the 1. In view of the existing tension in the Middle East, caused by the situation in Palestine and of the danger of that tension to world peace, the Asian-African Conference declared its support of the rights of the Arab people of Palestine and called for the implementation of the United Nations Resolutions on Palestine and the achievement of the peaceful settlement of the Palestine question. 2. The Asian-African Conference, in the context of its expressed See United Nations General Assembly Resolutions 194 (III), Dec. 11, 1948 pp . 21-25); 302 (IV), Dec. 8, 1949 (ibid., Fourth Session, Resolutions (A/1251), 12 : 23-25); 393 (V), Dec. 2, 1'950 (supra, pp. 2257-2259); 513 (VI), Jan. 26, 1952 4.N. General Assembly, Oficial Records ; Sixth Session, Supplement No. 20 1) . ene , No. 17 (A/2630), p. 6); and 8 18 (1x), Dec. 4, 1954 (ibid., Ninth Session, db sible. SOL pre S. Cices 20P ther 7 of 1951 . 7 897 2350 AMERICAN FOREIGN POLICY, 1950-1955 1 of 1 NUE USA 0 1 SUC me! Dec 3 By its Res. 995 (X) of Dec. 14, 1955, the General Assembly admitted Cam. bodia, Ceylon, Jordan, Libya, and Nepal to membership in the United Nations; attitude on the abolition of colonialism, supported the position of the Indonesia in the case of West Irian based on the relevant agreements ill between Indonesia and the Netherlands. The Asian-African Conference urged the Netherlands Government 1 to reopen negotiations as soon as possible, to implement their obliga- tions under the above-mentioned agreements and expressed the earnest tior hope that the United Nations would assist the parties concerned in side finding a peaceful solution to the dispute.? 3. The Asian-African Conference supported the position of Yemen dut in the case of Aden and the Southern parts of Yemen known as the Protectorates and urged the parties concerned to arrive at a peaceful settlement of the dispute. ] F. Promotion of World Peace and Cooperation sho 1. The Asian-African Conference, taking note of the fact that be several States have still not been admitted to the United Nations, considered that for effective cooperation for world peace, member the ship in the United Nations should be universal, called on the Security con Council to support the admission of all those States which are qualitet fied for membership in terms of the Charter. In the opinion of the Asian-African Conference, the following among participating coun- tries, viz: Cambodia, Ceylon, Japan, Jordan, Libya, Nepal , a unified Na Vietnam were so qualified. The Conference considered that the representation of the countries of the Asian-African region on the Security Council, in relation to the principle of equitable geographical distribution, was inadequate. It expressed the view that as regards the distribution of the non-perma- nent seats, the Asian-African countries which, under the arrangement arrived at in London in 1946, are precluded from being elected should be enabled to serve on the Security Council, so that they might tio make a more effective contribution to the maintenance of international peace and security. 2. The Asian-African Conference having considered the dangerous situation of international tension existing and the risks confronting the whole human race from the outbreak of global war in which the destructive power of all types of armaments, including nuclear and 1 The dispute between the Netherlands and Indonesia over the status of West for Irian (West New Guinea) arose from their differing interpretations of the first two of articles of the Charter of the Transfer of Sovereignty (from the Netherlands to Indonesia), signed at The Hague, Dec. 27, 1949; 69 United Nations Treaty Series 2° The question of West Irian (West New Guinea) was placed on the agenda of by the Ninth Session of the U.N. General Assembly. The draft resolution on this site th drawn up by the First Committee (see U.N. doc. A/2831) failed of adoption by the . , bar Assembly's Tenth Session, Res. 915 (X) was adopted, Dec. 16, 1955; see in: General Assembly, Official Records, Tenth Session, Supplement No. 19 (A/3116) , NE see supra, p. 337 3 to 4.7 ano the TOE int Tec peg an dre P. 3. DO for P. 6. THE FAR EAST AND SOUTHEAST ASIA 2351 ents lent nen Indeed, all nations should have the right freely to choose their own formity with the purposes and principles of the Charter of the United thermonuclear weapons, would be employed, invited the attention of of all nations to the terrible consequences that would follow if such a war were to break out. The Conference considered that disarmament and the prohibition d the production, experimentation and use of nuclear and thermo- iga- nuclear weapons of war are imperative to save mankind and civilisa- zest in tion from the fear and prospect of wholesale destruction. It con- sidered that the nations of Asia and Africa assembled here have a duty towards humanity and civilisation to proclaim their support for the disarmament and for the prohibition of these weapons and to appeal eful to nations principally concerned and to world opinion, to bring about such disarmament and prohibition. The Conference considered that effective international control should be established and maintained to implement such disarma- ment and prohibition and that speedy and determined efforts should hat be made to this end. s Pending the total prohibition of the manufacture of nuclear and er thermo-nuclear weapons, this Conference appealed to all the powers is concerned to reach agreement to suspend experiments with such the The Conference declared that universal disarmament is an absolute na necessity for the preservation of peace and requested the United ied Nations to continue its efforts and appealed to all concerned speedily to bring about the regulation, limitation, control and reduction of all des armed forces and armaments, including the prohibition of the pro- the duction , experimentation and use of all weapons of mass destruction, It and to establish effective international control to this end. G. Declaration on the Promotion of World Peace and Cooperation d. ht The Asian-African Conference gave anxious thought to the ques- hal toe of world peace and cooperation. It viewed with deep concern the present state of international tension with its danger of an atomic world war. The problem of peace is correlative with the problem of international security. In this connection, all States should coop- ng he mate , especially through the United Nations, in bringing about the nd reduction of armaments and the elimination of nuclear weapons under effective international control. In this way, international peace can be promoted and nuclear energy may be used exclusively wo peaceful purposes. This would help answer the needs particularly « Asia and Africa, for what they urgently require are social progress and better standards of life in larger freedom. Freedom and peace e interdependent. The right of self-determination must be enjoyed all peoples, and freedom and independence must be granted, with ali- weapons. 18- ent JUS est 90 10 es 2.1 he he N 6), Nations Das 2352 AMERICAN FOREIGN POLICY, 1950–1955 1 Free from mistrust and fear, and with confidence and goodwill towards each other, nations should practise tolerance and live together in peace with one another as good neighbours and develop friends cooperation on the basis of the following principles: 1. Respect for fundamental human rights and for the purposes and principles of the Charter of the United Nations. 2. Respect for the sovereignty and territorial integrity of all nations 3. Recognition of the equality of all races and of the equality of all nations large and small. 4. Abstention from intervention or interference in the internal affairs of another country. 5. Respect for the right of each nation to defend itself singly or collectively, in conformity with the Charter of the Unitel to Nations, 6. (a) Abstention from the use of arrangements of collective de fence to serve the particular interests of any of the big power id (b) Abstention by any country from exerting pressures on othe countries. p 7. Refraining from acts or threats of aggression or the use of forme against the territorial integrity or political independence of an U country. 8. Settlement of all international disputes by peaceful means, sua as negotiation, conciliation, arbitration or judicial settlements well as other peaceful means of the parties' own choice, in eam formity with the Charter of the United Nations. 9. Promotion of mutual interests and cooperation. 10. Respect for justice and international obligations. The Asian-African Conference declared its conviction that friend cooperation in accordance with these principles would effectively courts tribute to the maintenance and promotion of international peace and security, while cooperation in the economic, social and cultural fels would help bring about the common prosperity and well-being of al The Asian-African Conference recommended that the five spade soring countries consider the convening of the next meeting of wil Conference, in consultation with the participating countries. 81 th 8 1 & SI 1 i.e., Burma, Ceylon, India, Indonesia, and Pakistan. I P THE FAR EAST AND SOUTHEAST ASIA 2353 spor the territory of the Union of Burma or to continue their hostile acts odwill Burma cether endir 10. PRESENCE OF CHINESE TROOPS IN BURMA: Resolution s and 815 (IX) of the United Nations General Assembly, October 29, of all 1954 1 ityd The General Assembly, Having considered the report 2 dated 27 September 1954 of the ernes Government of the Union of Burma on the situation relating to the presence of foreign forces in its territory, ly ( Having taken note of the report 3 of the Joint Military Committee nited for the Evacuation of Foreign Forces from Burma the efforts of which were directed to securing the removal of these foreign forces, re del 1. Notes with satisfaction that nearly 7,000 persons, both foreign er forces and their dependants, have been evacuated from Burma and other that this constitutes a substantial contribution to the solution of the problem pursuant to the recommendations of the General Assembly; fore 2. Expresses its appreciation of the efforts of the Governments of the of an United States of America and of Thailand in helping to bring about sued 3. Deplores the fact that considerable foreign forces with a significant ents quantity of arms still remain in the territory of the Union of Burma com- and have failed to respond to the declarations of the General Assembly that they should either leave the territory of the Union of Burma or submit to internment; 4. Declares once more that these forces should submit to disarma- 5. Assures the Government of the Union of Burma of its continuing sympathy with and support of the efforts of that Government to ve and bring about a complete solution of this serious problem; 6. Urges all States to take all necessary steps to prevent the fur- nishing of any assistance which may enable foreign forces to remain in OWEN this evacuation; 4 ment and internment; iends y cor- fields of all of the against that country; 7. Invites the Government of the Union of Burma to report on the situation to the General Assembly as appropriate. VU.N. General Assembly, Official Records, Ninth Session, Supplement No. 21 Ibid., Annexes, agenda item 63 (A/2739). "See General Assembly Resolutions 707 (VII), Apr. 23, 1953, and 717 (VIII), Dec. 8, 1953; ibid., Seventh Session, Supplement No. 20A (A/2361/Add. 1), Pp. 4-5, and ibid., Eighth Session, Supplement No. 17 (A/2630), p. 4. (A/2890), p. 7. ' Ibid. (A/2740) 415900_-57-Vol. 245 2354 AMERICAN FOREIGN POLICY, 1950–1955 tion to uphold the principles of the United Nations in its unceasing 11. EXCHANGE OF VIEWS: Joint Statement by the President of the United States and the Prime Minister of Burma, July 2, 1955 1 The Prime Minister of Burma, His Excellency U Nu, has visited Washington for three days at the invitation of President Eisenhower The President and the Prime Minister discussed many matters of common concern and exchanged views on current international problems. The Prime Minister, the President and the Secretary of State reviewed problems of peace and security in Asia. They had a frank discussion of the complex economic problems arising from the existence of substantial surpluses of exportable rice both in Burma-one of the 1 world's leading rice exporting countries—and in the United States, Note was taken of the salutary influence of religion as exemplified by the Sixth Buddhist Synod presently being held in Rangoon and attended by leading Buddhist scholars from many nations. The problem of imprisoned American fliers in Communist China was reviewed.? These talks have been of special value in increasing mutual under- standing between Burma and the United States. There is a wide ares of agreement and a traditional friendship between Burma and the United States resting firmly upon certain noble concepts to which both countries subscribe. Our two peoples, those of the United States and the Union of Burma, share two fundamental goals, & world and a democratic way of life. They reaffirmed their dedication to the ideal of peace and friendly cooperation amongst nations founded on international justice and morality. Both countries are deeply concerned with a subject that is predominant in the minds of all responsible world leaders today—the problem of achieving peace with justice, a peace based upon the liberty of human beings and the security of nations. Such a peace can best be achieved by loyal steadfast support for the Charter of the United Nations. That is the surest and mos practical avenue along which to seek peace with justice in this world A patient striving to uphold the fundamental moral and religious beliefs underlying the Charter provides the best hope for the fulfil- ment of mankind's aspirations. The Prime Minister, the President and the Secretary of State deplored the conditions which force the peoples of the world to divert their energies and talents from a single-minded effort to improve and expand those cultural and economic opportunities by which men cam raise the levels of their existence. They renewed their own determine peaceful 1 ) effort to save mankind from the scourge of future war. i 1 Department of State Bulletin, July 18, 1955, pp. 96-97. 3 See infra, pp. 2709-2714. į 1 THE FAR EAST AND SOUTHEAST ASIA 2355 shall; Deputy Chief; Edward M. Bernstein, Chief Economist; August L. Strand, 12 1 ence the S. db and nder- area the both tates ceful 1 Report lo the President of the United States by the Economic Survey Mission to the Philippines (Department of State publication 4010; 1950), pp. 1, 3-4. members of the Mission were D. W. Bell, Chief of the Mission; Richard J. Mar- dent Republic of the Philippines 12. ECONOMIC SURVEY OF THE PHILIPPINES: Summary and ited Recommendations From the Report of the Bell Mission, October ver. 9, 1950 (Excerpts) sol onal At the request of the President of the Philippine Republic, President Truman appointed a United States Economic Survey Mission to State consider the economic and financial problems of that country and to Tank recommend measures that will enable the Philippines to become and to remain self-supporting. The Mission was instructed to survey all aspects of the Philippine economy, including agriculture, industry, internal and external finances, domestic and foreign trade, and public administration. The Mission was asked to give special consideration to immediate measures to help raise production and living standards thing in the Philippines. The Mission has had the full cooperation of the Philippine Government and of many individuals and organizations outside the Government. Their help has been invaluable in pro- viding the Mission with the data necessary for its work. Economic conditions in the Philippines are unsatisfactory. The economic situation has been deteriorating in the past 2 years and the factors that have brought this about cannot be expected to remedy themselves. Unless positive measures are taken to deal with the fundamental causes of these difficulties, it must be expected that the ndly economic situation will deteriorate further and political disorder will inevitably result. Whatever is to be done to improve economic conditions in the Philippines must be done promptly, for if the situa- tion is allowed to drift there is no certainty that moderate remedies The mission recommends that the following measures be taken: 1. That the finances of the Government be placed on a sound basis gious in order to avoid further inflation; that additional tax revenues be raised immediately in as equitable 'a manner as possible to meet the expenditures of the Government; that the tax structure be revised to State ncrease the proportion of taxes collected from high incomes and large iren property holdings; that the tax collecting machinery be overhauled ; and to secure greater efficiency in tax collection; that a credit policy be adopted which will encourage investment in productive enterprises; ning end that fiscal , credit and investment policy be better coordinated to prevent inflation. 2. That agricultural production be improved by applying known The and lat is - the will suffice. I the 0 et for most orld . alf I CAN asing survey of industry and power. 2356 AMERICAN FOREIGN POLICY, 1950–1955 1 Agreements of July 4 and Oct. 22, 1946 (TIAS 1588; 61 Stat. 2611-2636). that the right of workers to organize free trade unions to protect mandatory direct payment of wages and retroactive monetary awards to insure honesty and efficiency in Government; that the civil service methods of increasing the yield from all basic crops; that the Depart- ment of Agriculture and Natural Resources be adequately supplied with funds and the agricultural extension service expanded; that the agricultural college at Los Baños be rehabilitated and the central experiment station located there, with other stations at appropriate places throughout the country; that rural banks be established to provide production credit for small farmers; that the opening of new lands for settlement in homesteads be expedited and the clearance of land titles promptly assured; that a program of land redistribution be undertaken through the purchase of large estates for resale to small farmers; and that measures be undertaken to provide tenants with reasonable security on their land and an equitable share of the crops they produce. 3. That steps be taken to diversify the economy of the country by encouraging new industries; that adequate power and transportation facilities be provided as needed for further economic development; that a Philippine Development Corporation be established to co- ordinate all government corporations and enterprises and liquidate those that are ineffective; that financial assistance be made available to productive enterprises by the Corporation acting in cooperation with private banks, that the natural resources of the country be systematically explored to determine their potentialities for economic development; and that the present laws and practices with respect to the use of the public domain be re-examined. 4. That to avoid a further deterioration in the international pay- ments position and to reduce the excessive demand for imports, special emergency tax of 25 percent be levied for a period not to exceed two years on imports of all goods other than rice, corn, flour, canned fish, canned milk and fertilizer; that if such an emergency import levy is not possible under the Trade Agreement with the United States,' either very heavy excise taxes should be imposed or a tax of 25 percent should be levied on all sales of exchange; that, as a safety measure, the present exchange and import controls be retained but their administration be simplified and liberalized and the full remit- tance of current earnings be permitted; that a Treaty of Friendship, Commerce and Navigation be concluded between the Philippines and the United States and the present Trade Agreement re-examined in the light of the new conditions. 5. That an adequate program of public health and improved educa- tion be undertaken, and better facilities for urban housing be provided tion; that abuses in present employment practices depriving the workers of their just earnings be eliminated by legislation making to workers; that a minimum wage for agricultural and other workers be established to provide subsistence standards of living. 6. That public administration be improved and reorganized so.es THE FAR EAST AND SOUTHEAST ASIA 2357 President of the Philippines a copy of the Bell Mission report and a letter from 3 Department of State Bulletin, June 25, 1951, pp. 1017-1018. date; A Decade of American Foreign Policy, pp. 860–864. art- lied the tral Tate I to Dev e of ion to unts the be placed on a merit basis and civil service salaries raised to provide a decent standard of living; that the Philippine Government remove barriers to the employment of foreign technicians and take steps to improve training facilities for technicians in the Philippines; and that in accordance with the request of the Philippine Government, the United States send a Technical Mission to assist the Philippine Government in carrying out its agricultural and industrial develop- ment, fiscal controls, public administration, and labor and social welfare program. 7. That the United States Government provide financial assistance of 250 million dollars through loans and grants, to help in carrying out a 5-year program of economic development and technical assist- ance; that this aid be strictly conditioned on steps being taken by the Philippine Government to carry out the recommendations outlined above, including the immediate enactment of tax legislation and other urgent reforms; that expenditure of United States funds under this recommendation, including pesos derived from United States loans and grants, be subject to continued supervision and control of the Technical Mission; that the use of funds provided by the Philippine Government for economic and social development be co-ordinated with the expenditure of the United States funds made available for this purpose; and that an agreement be made for final settlement of outstanding financial claims between the United States and the Philippines, including funding of the Reconstruction Finance Co po- ration loan of 60 million dollars. by Lion ent ; CO- late able tion be mic t to ay- 5,8 ceed ned port ited x of fety but mit- nip, As a and in 13. PROGRESS REPORT ON DEVELOPMENTS IN THE PHIL- IPPINES: Statement to the Press by the American Ambassador to the Republic of the Philippines, June 15, 1951 3 I should like to give you a progress report on developments in the Philippines and our relations with that gallant ally of ours. result of 50 years of American tutelage and out of loyalty to and affection for the United States, the Philippines unfalteringly stood by us when Japan embarked on its program to conquer Asia. The sur- render of Japan found the Philippines destroyed and laid waste to an extent which has happened to few countries in modern history, and of which few Americans can even begin to conceive. Against this background of death and destruction, the United States , in compliance with its undertakings transferred sovereignty to the Philippines on July 4, 1946,* and agreed to assist in its rehabilita- On Oct. 28, 1950, the American Ambassador at Manila delivered to the by the United States Government; Department of State Bulletin, Nov. 6, 1950, ICA- led: tect sls- the zing ards cers AS · Myron M. Cowan. VICE :) . 2358 AMERICAN FOREIGN POLICY, 1950–1955 The only direct financial aid | tion. It was to be expected that the first 5 years of Philippine inde- pendence would encounter the most serious difficulties, particularly in view of the growing menace of the international Communist conspiracy. Altogether too much is heard in this country of what is wrong in the Philippines, and I would be less than fair to our Filipino friends if I denied that there is much wrong. Far more important, however, is that there is much that is right and, in all honesty, I can tell you that I am supremely confident the Philippines is well on the way to justify. ing the confidence we have placed in it. Because of misleading publicity, I suspect that the first and auto- matic reaction of the average American when he thinks of the Philip- pines is, “What happened to the 2 billion dollars the United States gave the Philippines?" I believe this is as good a time as any to dispel once and for all the misconceptions about this 2 billion dollars worth of American aid The best way to do it is to show what the United States has done and what this 2 billion dollars really consists of. In the first place, the United States paid out 400 million dollars for private war damage claims, of which the majority were in amounts of less than 500 dollars each, and for the reconstruction of public build- ings. At the same time, the United States spent roughly 118 million dollars in the reconstruction of such essential public services as roads and bridges, ports and harbors, public health, fisheries, weather serv- ices, coast surveys, interisland shipping, and civil air facilities. Another category of American payments during the first 5 years of independence fell into a more strictly military category. An amount of 822 million dollars was paid out by the American armed forces as back pay for Philippine armed forces, civilian claims against the mili tary, civil relief, redemption of the guerrilla currency, missing persons benefits, and other items for military pay and construction materials and services. The Veterans Administration paid out 181 million dollars ás com- pensation to Filipino veterans. An arrangement was also made to transfer surplus property esti- mated at a fair value of 100 million dollars. Other kinds of equipment and material and technical assistance to the amount of 200 million dollars were also made available. The foregoing adds up to a dollar value of less than 1.9 billion but it should be noted that it was all in the form of goods and services and payments to individuals. Not a single centavo of this total was paid has been an RFC budgetary loan of 60 million dollars and 89. million dollars of processing and excise taxes which the United States had collected on behalf of the Philippine Commonwealth. Two billion dollars can be made to sound like a lot of aid if you interpret it to suit your own purposes. Honest analysis makes it looks like something else. It is true that what the United States has done 1 See Act of Apr. 30, 1946; 60 Stat. 128. THE FAR EAST AND SOUTHEAST ASIA 2359 IS to the Philippines (Department of State publication 4010; 1950). Summary and Recommendations printed supra. de for the Philippines did make available to it substantial amounts of Lely United States dollar exchange, much of which could undoubtedly have list been spent more wisely than it was. We should remember, however, that the end of hostilities found the Philippines stripped of all con- the sumer goods. It will still take many long years to replace what was if I | destroyed. ; The Philippine Government itself realized the danger of its position hat when its dollar reserves, during 1949, decreased from 400 million ify dollars to 248 million dollars. To remedy this situation the Philippine Government imposed the most stringent import regulations with the ito- result that its reserves are now back to the 400 million dollars level. lip- In addition, improved collection of taxes and the imposition of new ates taxes in the face of serious political opposition give us confidence that the Philippine budget will be balanced this year. the And lastly, Philippine production, particularly of such strategic aid and important commodities as copra, abaca, sugar, lumber, and min- and erals is now encouragingly close to the prewar level. I maintain that in view of the obstacles which had to be overcome and those which for still remain, the record of Philippine self-help and American assistance s of is a good one. The purpose of the United States now is to extend the ild assistance necessary to preserve and extend the gains which have lion been made. Last year the Bell Mission made a most excellent survey and made er recommendations for the improvement of the Philippine economy. Pursuant to the Quirino-Foster agreement, recommendations of the s of Bell Mission ? are now in process of implementation, both by the unt Philippines and by the United States. With American military assistance, the rejuvenated Philippine mili armed forces are now making significant inroads on the strength and capabilities of the Communist-dominated Huk movement. The cials presence of the Seventh Fleet in Philippine waters has contributed significantly to Philippine morale. American naval and air bases are being expanded. These specific measures are giving the Philippine people confidence that President Truman and the Secretary of State esti- have meant exactly what they said when they categorically stated nent publicly that the United States would never tolerate aggression against lion Philippine efforts at self-improvement and of cooperation with the free world (for example, the splendid showing of Filipino troops in Korea) persuade me that the Philippines is convinced the United paid States as in the past, will keep its pledged faith. In return we can know that in Asia we have no more devoted or staunch friend and ally. Agreement of Nov. 14, 1950, between the President of the Philippine Republic, Elpidio Quirino, and the Administrator of the Economic Cooperation Administra- ton, William d. Foster; see the preamble to the Economic and Technical Co- See Report to the President of the United States by the Economic Survey Mission S as SONS om- the Philippines. it it and aid 89.5 ates Jou ook Jone 2360 AMERICAN FOREIGN POLICY, 1950-1955 1 ! Department of State Bulletin, Sept. 19, 1955, pp. 463–464. The text of the negotiations. See also statements of Sept. 6, 1955, by Mr. Langley and General press release does not contain the last paragraph preceding the summary of 14. ESTABLISHMENT OF THE COUNCIL UNDER THE UNITED STATES-PHILIPPINE MUTUAL DEFENSE TREATY: Note From the Secretary of State to the Philippine Chargé d'Affaires at Washington, June 23, 1954 2 SIR: I refer to my conversation with General Carlos P. Romulo Personal and Special Representative of the President of the Philip pines, on June 15, 1954, in regard to implementation of the Mutual Defense Treaty between the United States of America and the Re public of the Philippines, and to an aide-memoire handed to the Acting Secretary of State by the Personal and Special Representative of the President of the Philippines on June 3, 1954. During the discussions on June 15, between the Personal and Special Representative of the President of the Philippines and me, we were in agreement that, pursuant to the provisions of the United States-Philippine Mutual Defense Treaty, and in the light of inter- national developments, it would be useful to establish a Council consisting of the Secretary of State, or his Deputy, and the Secretary of Foreign Affairs of the Republic of the Philippines, or his Deputy ; that each member of the Council would designate a military repre- sentative; that consultations will be held upon the request of either party; and that the time and place of such meetings will be deter- mined by mutual agreement.* I should be glad to know whether the foregoing is acceptable to the Government of the Philippines. If so, we shall promptly proceed accordingly. Accept, Sir, the renewed assurances of my high consideration. 15. REVISED UNITED STATES-PHILIPPINE TRADE AGREE- MENT: Statement by the Department of State, September 6, 1955 6 The Department of State announced on September 6 (press release 529) that a revised agreement between the Republic of the Philippines and the United States regarding trade arrangements and related matters was signed on that date at the Department. The agree 1 Dr. Melquiades J. Gamboa. 2 Department of State Bulletin, July 5, 1954, p. 14. * The first meeting of the Councii kocok place in Manila, Sept. 4, 1954, just prior to of 6 The Ambassador of the Philippine Republic , by a note of this date (Depare ment of State Bulletin, July 5, 1954, p. 14), indicated his Government's acceptance first To ., pp. 464-466 THE FAR EAST AND SOUTHEAST ASIA 2361 * Act of Aug. 1, 1955; 69 Stat. 413. • Agreement of July 4, 1946, amended Oct. 22, 1946 (TIAS 1588; 61 Stat., pt. Agreement of Sept. 6, 1955; TIAS 3349, 6 UST 3030. me. TED ment was signed on behalf of the Philippines by Gen. Carlos P. Note Romulo, Special and Personal Envoy of the President of the Philip- pines, James M. Langley, Special Representative of the President of the United States of America, signed on behalf of the United States. It will enter into force on January 1, 1956. ulo . The title of the agreement is "Agreement between the United ilip States of America and the Republic of the Philippines concerning tual Trade and Related Matters during a Transitional Period following Rethe Institution of Philippine Independence, signed at Manila on the July 4, 1946, as revised." The authorizing legislation of the U.S. tive Congress is Public Law 196, 84th Congress, the Philippine Trade Agreement Revision Act of 1955,2 and The 1946 trade agreement 3 was entered into at the time the Philip- pines gained its independence. At that time there were no precedents ited to indicate exactly how the problems of the new relationship which ater- was to exist between the Philippines and the United States might incil best be met. During the 9 years of operation of this agreement, tery problems arose on both sides suggesting the need for revisions. These uty , revisions, affecting every article of the agreement, provide for adjust- pre ments which better accommodate the current and future economic ther interests of both nations and effect changes in their relationships which were mutually felt desirable as a result of the experiences of the Philippines in handling its political and economic problems since the e to Philippines became independent in 1946. The modification of transi- ceed tional tariff schedules coupled with the elimination of an exchange tax in the Philippines is an important element of the revised agreement. The further economic development of the Philippines is one of the objectives of the new agreement. Such development, in addition to enhancing the importance of the Philippines as a trading partner EE of the United States, serves to strengthen a staunch friend and close ally er 6 , At the same time an additional agreement, relating to the status of U.S. and Philippine traders and investors entering the territories of the parties, was effected by an exchange of notes. This agreement lease entered into force immediately. SUMMARY OF MODIFICATIONS CONTAINED IN THE REVISED TRADE AGREEMENT eter- 1 ines ated gree- (effective January 1, 1956) Article I: The revised agreement replaces the schedules for the gradual disappearance of tariff preferences for Philippine articles imported into the United States and for U.S. articles imported into prior part anca of the * TIAS 3348; 6 UST 2981. The Ty of neral 3, p. 2611). 2362 AMERICAN FOREIGN POLICY, 1950-1955 ti PERCENTAGES OF CUSTOMS DUTIES TO BE APPLIED 如​拉​m,弘化 ​By the United States to imports from the Philippines By the Philippines to im. ports from the United States Calendar year 1946 agree- ment as extended Revised agreement 1946 agree ment as extended Revised agreement te ci ar PT Percent 25 25 25 50 50 . ac Percent 5 5 5 10 10 10 20 20 20 40 nc re 1956. 1957. 1958. 1959. 1960. 1961. 1962. 1963. 1964. 1965. 1966. 1967. 1968. 1969. 1970. 1971. 1972. 1973. 1974. Percent 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 100 d) Removing criteria for allocation of U.S. quotas among producers for the protection of domestic at the Philippines by new schedules which are more liberal to the Philippines, as set forth below: de in This article also provides for the elimination by the Philippines of C the present 17 percent exchange tax and its replacement by a tem- porary special import levy which will be reduced at the rate of 10 percent per year beginning in 1957. The latter will not apply to invisibles as did the exchange tax. U Article II: The revised agreement modifies U.S. quotas on Philip- pine products by: a) Eliminating quotas on rice. 6) Removing absolute quotas on cigars, scrap tobacco, coconut oil and buttons and providing a new and slower schedule for the progressive decrease in duty-free quotas on these commodities c) Removing any impediment to possible future increases in the absolute quotas on sugar. Article III: Reciprocal provisions are made for quantitative import to imposition of such restrictions include advance consultations. Article IV: The prohibition on the imposition of export taxes by either country is eliminated in the revised agreement. Percent 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 100 75 75 75 90 90 90 90 40 ta 40 60 60 60 80 80 80 100 90 90 90 100 16 1 1 1 THE FAR EAST AND SOUTHEAST ASIA 2363 * Department of State Bulletin, Feb. 13, 1950, p. 244. olm- sed ent eni the Article V: The revised agreement eliminates the old article relating to limitations on changes in the Philippine exchange rate and on restric- tions on transferability of funds. The new language substituted provides for Philippine implementation of U.S. proposals for reciprocal arrangements to facilitate the entry and stay in either country of persons classifiable as traders and investors. Article VI: The obsolete terms of the old agreement relating to immigration are replaced in the revised agreement by the modified terms of former article VII. These terms mutualize as between citizens of both countries the right to use and exploit natural resources and operate public utilities on the basis of national treatment. Article VII: The revised agreement contains here a new article % providing for reciprocal nondiscrimination by either party against the citizens or enterprises of the other with respect to engaging in business activities. Article VIII: The revised agreement inserts here security exceptions not previously contained. Article IX: With deletion of obsolete terms, former article VIII regarding implementing legislation in both countries is repeated here. Article X: Old article IX providing for consultations on interpre- tation or application is amended to provide for consultations 3 years prior to termination. Article XI: Obsolete portions of former terminating article X are deleted , leaving those portions applying to termination with the insertion of the effective date of the revisions. Protocol: Some revised definitions are substituted. 25 25 50 75 90 90 90 90 90 100 s of C. INDOCHINA em- f 10 y to ilip- United States Policy Regarding the Communist Threat in Indochina, 1950-1953 oil , the ties . the 2 16. UNITED STATES RECOGNITION OF INCREASED SOVER- EIGNTY IN THE STATE OF VIET-NAM: Note From the United States Ambassador-at-Large 1 to the Chief of State of Viet-Nam, January 27, 19503 The Secretary of State, Dean Acheson, has instructed me to express to Your Majesty the gratification of the United States Government at the assumption by Your Majesty of the powers transferred by Cers. port estic the 1 Philip C. Jessup. 2 Bao Dai. 3 by 2364 AMERICAN FOREIGN POLICY, 1950–1955 V ti mi ar 1 Documents on International Affairs, 1949-1950 (London, 1953), pp. 596-608. 4 See Franco-Vietnamese agreement of Mar. 8, 1949; Documents on Interna the French Republic at the beginning of this year, and its confident best wishes for the future of the State of Viet Nam with which it looks forward to establishing a closer relationship. My Government believes that both the people of Viet Nam and the people of France are to be congratulated on this development. The Secretary of State also asked me to express his personal hopes that Your Majesty will succeed in his present endeavors to establish stability and prosperity in Viet Nam, which, Your Majesty may be assured, my Government is following with close attention. 17. UNITED STATES RECOGNITION OF VIET-NAM, LAOS, AND CAMBODIA: Statement by the Department of State, Feb. ruary 7, 1950 2 The Government of the United States has accorded diplomatic recognition to the Governments of the State of Viet Nam, the King- ti dom of Laos, and the Kingdom of Cambodia. I The President, therefore, has instructed the American consul I general at Saigon to inform the heads of Government of the State of Viet Nam, the Kingdom of Laos, and the Kingdom of Cambodia S that we extend diplomatic recognition to their Governments and look forward to an exchange of diplomatic representatives between the United States and these countries. Our diplomatic recognition of these Governments is based on the it formal establishment of the State of Viet Nam, the Kingdom ST Laos, and the Kingdom of Cambodia as independent states within st the French Union; this recognition is consistent with our fundamental d policy of giving support to the peaceful and democratic evolution of dependent peoples toward self-government and independence. In June of last year, this Government expressed its gratification at the signing of the France-Viet Namese agreements of March 8 which provided the basis for the evolution of Viet Namese independ- ence within the French Union. These agreements, together with similar accords between France and the Kingdoms of Laos and Cam bodia, have now been ratified by the French National Assembly and of signed by the President of the French Republic. This ratification has established the independence of Viet Nam, Laos, and Cambodia de as associated states within the French Union. It is anticipated that the full implementation of these basic agree ments and of supplementary accords which have been negotiated and U are awaiting ratification will promote political stability and the L growth of effective democratic institutions in Indochina. This Government is considering what steps it may take at this time to further these objectives and to assure, in collaboration with other 2 Department of State Bulletin, Feb. 20, 1950, pp. 291–292. 3 Ibid., July 18, 1949, p. 75. tional Affairs, 1949-50 (London, 1953), pp. 596-608. in 11 $1 st es M th to THE FAR EAST AND SOUTHEAST ASIA 2365 to the President of the French Union. 108 1 l'his Laos, and Vietnam. This mission will have the responsibility of Ministers meeting; Department of State Bulletin, May 22, 1950, p. 821. the American Ambassador at Paris, simultaneously delivered an identical note Department of State Bulletin, June 12, 1950, pp. 977-978. ent like-minded nations, that this development shall not be hindered by it internal dissension fostered from abroad. ent The status of the American consulate general in Saigon will be raised to that of a legation, and the Minister who will be accredited to all three states will be appointed by the President. pes ish be 18. EXTENSION OF MILITARY AND ECONOMIC AID: State- ment by the Secretary of State, May 8, 1950 The (French) Foreign Minister and I have just had an exchange of OS views on the situation in Indochina and are in general agreement both eb- as to the urgency of the situation in that area and as to the necessity for remedial action. We have noted the fact that the problem of meeting the threat to the security of Viet Nam, Cambodia, and Laos atic which now enjoy independence within the French Union is primarily ng the responsibility of France and the Governments and peoples of Indochina. The United States recognizes that the solution of the usul Indochina problem depends both upon the restoration of security e of and upon the development of genuine nationalism and that United dia States assistance can and should contribute to these major objectives. pok The United States Government, convinced that neither national the independence nor democratic evolution exist in any area dominated by Soviet imperialism, considers the situation to be such as to warrant its according economic aid and military equipment to the Associated of States of Indochina and to France in order to assist them in restoring stability and permitting these states to pursue their peaceful and democratic development. of on 19. ECONOMIC AID PROGRAM: Note From the American Chargé 8.1 d'Affaires at Saïgon 3 to the Chiefs of State of Viet-Nam, Laos, and nd- Cambodia, May 24, 1950 4 with anti- I have the honor to inform you that the Government of the United States has decided to initiate a program of economic aid to the States of Cambodia, Laos, and Vietnam. My Government has reached this dis decision in order to assist Cambodia, Laos, and Vietnam to restore stability and pursue their peaceful and democratic development. With these purposes in mind, the United States Government is establishing, with headquarters in Saïgon and associated with the the United States Legation, a special economic mission to Cambodia, Issued at Paris, where the Secretary of State was attending a Western Foreign the hin tal 3 and tion ree- and z to ther -608 ? Robert Schuman. 3 Edmund Gullion. David Bruce, mnd 2366 AMERICAN FOREIGN POLICY, 1950-1955 ti i t r Q 2. S 2 S The participants were in complete agreement that the successful working with the Governments of Cambodia, Laos, and Vietnam and with the French High Commissioner in developing and carrying out a coordinated program of economic aid designed to assist the three countries in restoring their normal economic life. The members of the American economic mission will, at all times, be subject to the authority of the Government of the United States and will not become a part of the administrations of the Associated States. The Government of the United States recognizes that this American assistance will be complementary to the effort made by the three Associated States and France, without any intention of substitution , American aid is designed to reinforce the joint effort of France and the Governments and peoples of Cambodia, Laos, and Vietnam, on whom rests the primary responsibility for the restoration of security and stability. United States economic aid will be granted in accordance with separate bilateral agreements between each of the Associated States and the United States of America. The approval of these agreements will be subject to legal conventions existing between the Associated States and France. Initial economic aid operations, however, may begin prior to the conclusion of these agreements. The United States Government is of the opinion that it would be desirable for the three governments and the French High Commis . sioner to reach agreement among themselves for the coordination of those matters relating to the aid program that are of common interest . The American economic mission will maintain contact with the three Associated States, with the French High Commissioner in Indochina and, if desired, with any body which may be set up by the Associated States and France in connection with the aid program. Mr. Robert Blum has been appointed Chief of the United States special economic mission to Cambodia, Laos, and Vietnam. Identical letters are being addressed today to the governments of Cambodia, Laos, Vietnam and the President of the French Union. [Military Aid to France and Indochina: Statement by the Department of State regarding Franco-American Conversations, October 17, 1950; supra, pp. 1668-1669.] 20. THE MILITARY AID PROGRAM: Statement by the Depart. ments of State and Defense, September 23, 1951 Discussions which have been going on for the past week between General of the Army, Jean de Lattre de Tassigny, French High Com missioner in Indochina and Commander in Chief of the French Union Forces in Indochina, and officials of the Departments of Defense and State were concluded September 22 in an atmosphere of cordiality and unity of purpose. th V II el Q C 0 e fo 4 A f 1 CI STA F M ti D i Department of State Bulletin, Oct. 8, 1951, p. 570. THE FAR EAST AND SOUTHEAST ASIA 2367 08 Department of State Bulletin, June 30, 1952, p. 1010. and Southeast Asia. United States officials stated that General de Lat- out tre's presentation of the situation in that area had been invaluable to hree them and had demonstrated that United States and French policies s of in the Associated States were not at variance. the In the course of the discussions with the Department of Defense, not the military-aid program for Indochina was reexamined, with the result that considerable improvement will be made in the rate of ican deliveries of many items of equipment. General de Lattre has been hree advised that the question of additional aid for the French and Viet- ion. namese forces in Indochina in the fiscal year 1952 program is under and study by the United States Government. urity 21. THE DEFENSE OF INDOCHINA: Communiqué Regarding with Discussions Between Representatives of the United States, France, ates Viet-Nam, and Cambodia, June 18, 1952 1 ents ated Mr. Jean Letourneau, Minister in the French Cabinet for the may Associated States in Indochina, has just concluded a series of conver- be sations with U.S. Government officials from the Department of State, mis- Department of Defense, the Office of Director for Mutual Security, the Mutual Security Agency, and Department of the Treasury. The n of Ambassadors of Cambodia and Viet-Nam have also participated in these talks. hree hing The principle which governed this frank and detailed exchange of ated views and information was the common recognition that the struggle in which the forces of the French Union and the Associated States are engaged against the forces of Communist aggression in Indochina is an integral part of the world-wide resistance by the Free Nations to Es of Communist attempts at conquest and subversion. There was unani- mous satisfaction over the vigorous and successful course of military operations, in spite of the continuous comfort and aid received by the Communist forces of the Viet-Minh from Communist China. The nient excellent performance of the Associated States' forces in battle was 1950; found to be a source of particular encouragement. Special tribute was paid to the 52,000 officers and men of the French Union and Associated States' armies who have been lost in this six years' struggle for freedom in Southeast Asia and to the 75,000 other casualties. In this common struggle, however, history, strategic factors, as well as local and general resources require that the free countries concerned each assume primary responsibility for resistance in the com- specific areas where Communism has resorted to force of arms. Thus the United States assumes a large share of the burden in Korea while France has the primary role in Indochina. The partners, however, ality recognize the obligation to help each other in their areas of primary responsibility to the extent of their capabilities and within the limita- tions imposed by their global obligations as well as by the require- fall ments in their own areas of special responsibility. Řt was agreed rest. cates 1. part veen nion and ssful 2368 AMERICAN FOREIGN POLICY, 1950-1955 r 1 Agreements of Mar. 8, 1949 (Viet-Nam), July 19, 1949 (Laos), and Nov. 8; that success in this continuing struggle would entail an increase in the common effort and that the United States for its part will, there bet fore, within the limitations set by Congress, take steps to expand its aid to the French Union. It was further agreed that this increased assistance over and above present U.S. aid for Indochina, which now tin approximates one third of the total cost of Indochina operations Sta would be especially devoted to assisting France in the building of the national armies of the Associated States. As Mr. Letourneau reviewed the facts which amply demonstrate the At determination of the Associated States to pursue with increased energy the strengthening of their authority and integrity both against internal for subversion and against external aggression. gor In this connection Mr. Letourneau reminded the participants that the accords of 1949, which established the independence within the French Union of Cambodia, Laos and Viet-Nam, have been liberally see interpreted and supplemented by other agreements, thus consolidating this independence. Mr. Letourneau pointed out that the governments of the Associated States now exercise full authority except that & 23. strictly limited number of services related to the necessities of the war now in progress remain temporarily in French hands. In the course of the examination of the Far Eastern economic and trade situation, it was noted that the Governments of the Associated States are free to negotiate trade treaties and agreements of all kinds with all their neighbors subject only to whatever special arrangements may M be agreed between members of the French Union, It was noted that these states have been recognized by thirty-three foreign governments. The conversations reaffirmed the common determination of the of participants to prosecute the defense of Indochina and their confidence in a free, peaceful and prosperous future for Cambodia, Laos, and to Viet-Nam. Mr. Letourneau was received by the President, Mr. Acheson, and to Mr. Foster, as Acting Secretary of Defense. Mr. John Allison , Assistant Secretary of State for Far Eastern Affairs, acted as Chair- th man of the U.S. Delegation participating in the conversations. 24 22. SUPPORT BY NATO OF THE FRENCH UNION DEFENSE EFFORTS IN INDOCHINA: Resolution Adopted by the North Atlantic Council, December 17, 1952 The North Atlantic Council be Recognizes that resistance to direct or indirect aggression in any part of the world is an essential contribution to the common security R of the free world; agreement with Viet-Nam is also-printed in Documents on International Affairs , 1949–50 (London, 1953), pp. 596-608. 2 Department of State Bulletin, Jan. 5, 1953, p. 4. art les r res an 2 001 THE FAR EAST AND SOUTHEAST ASIA 2369 e in NOT it a 1 Department of State Bulletin, May 4, 1953, p. 641. , Department of State Bulletin, May 18, 1953, p. 708. Having BEEN INFORMED at its meeting in Paris on the 16th Decem- ere ber of the latest developments in the military and political situation lits in Indo-China; used Expresses its wholehearted admiration for the valiant and long con- tinued struggle by the French forces and the armies of the Associated ons , States against Communist aggression; and the Acknowledges that the resistance of the free nations in South-East Asia as in Korea is in fullest harmony with the aims and ideals of the the Atlantic Community; rgy And therefore agrees that the campaign waged by the French Union rnal forces in Indo-China deserves continuing support from the NATO governments. shat the (For the text of the Franco-American communiqué of March 28, 1953, aly see supra, pp. 1672–1675.) ting ents 23. UNITED STATES SUPPORT OF LAOS AGAINST THE VIET the MINH INVASION: Statement by the Department of State, the April 17, 1953 ade ates The Royal Government of Laos has issued a statement drawing attention to the attack upon the territory of the Kingdom by Viet may Minh troops and stating the determination of the Government, the army, and the people of Laos with the aid of French Union troops to resist this aggression. The Government of the United States is following developments the with the closest attention. It expresses its sympathy with the people of Laos in their present emergency and its fervent wishes to them, and to their troops, and to those of the French Union in their efforts to resist and turn back the invaders. The United States will continue and to provide and will study ways and means of making more effective 500, its assistance to the Associated States of Indochina and to France in the struggle to destroy Communist aggression in Laos, Cambodia, 24. UNITED STATES EMERGENCY AID TO LAOS AND THAI- LAND IN THE FACE OF VIET MINH AGGRESSION: Statement by the Secretary of State at a News Conference, May 9, 1953 3 In view of the recent, rapid sequence of events in the Far East, I believe it would be appropriate to summarize for you our actions concerning developments in Laos and Thailand. city Communist Viet Minh forces began their movement toward the Royal Capital City of Luang Prabang in Laos on April 12. an appeal from the Government of Laos on April 13 to hree ence all- and Vietnam. SE erth Following 8 the 71r's, 1 3 415900---57-Vol. 2 46 2370 AMERICAN FOREIGN POLICY, 1950–1955 1 OL er sa m W. IS W 2 See the NATO Council communiqué of Apr. 25, 1953; supra, pp. 1631-1633. 3 See Secretary Dulles' statement of that date; Department of State Bulletin 6 Made before the American Legion, St. Louis; ibid., Sept. 14, 1953, pp. 341-342 the free world to condemn the aggression, the United States issued so statement of support and sympathy. th The urgent need for cargo aircraft to aid French and Lao forces in meeting this aggression was discussed by me with French officials during our stay in Paris for the recent Nato meeting.? Within 24 hours it was agreed at the highest level that such aircraft if available, should be dispatched to Indochina. Within another 2 hours the aircraft were located with the Far East Command. Within another 24 hours civilian operators were located to fly the planes, because the French did not have crews accustomed to handle these co planes and we did not desire that our military personnel should fy al into the combat zone. The plan was actually put into operation et within a few hours after our return from Paris, and the aircraft arrived at Hanoï on May 5 and were made operational immediately ef Three days prior to the arrival of the aircraft in Hanoi, we ar nounced on May 23 that we were maintaining close contact with the Governments of Laos and of France regarding the special require ments of the situation and that the Mutual Security Administration U Mission in Laos had made arrangements to help ease the refuge problem by making available certain funds and supplies. The Ambassador from Thailand, Pote Sarasin, came to my office su at 3:30 p.m. on Tuesday of this week, May 5, to discuss the problems to confronting his country as a result of the Viet Minh invasion of Leos.ch The Ambassador expressed his country's urgent need for smal arms ammunition and for various military items urgently required by the Thai Navy, Army, and Air Force, which requests had simu. taneously been made through the U.S. Military Assistance Advisory Group and our Embassy at Bangkok. Within 24 hours of the Ambassador's request certain amounts of such ammunition were in B the air on their way to Bangkok from the Pacific area, and action it was taken to expedite delivery of the other military items. U These two instances illustrate a capacity for decision and perform- ance and of cooperative teamwork between the Departments of State and Defense, which should, I believe, be gratifying to the American people. Also, they should be impressive to others, whether they be 1 2 friends or aggressors. 25. THE CONSEQUENCES OF DIRECT CHINESE COMMUNIST INTERVENTION IN INDOCHINA: Address by the Secretary to of State, September 2, 1953 (Excerpt) 5 th We do not make the mistake of treating Korea as an isolate affair. The Korean war forms one part of the worldwide effort de 1 Department of State Bulletin, May 4, 1953, p. 641. May 11, 1953, p. 678. See ibid., May 18, 1953, p.709. m 01 CO 0 my 0 8 THE FAR EAST AND SOUTHEAST ASIA 2371 ? Department of State Bulletin, Oct. 12, 1953, pp. 486–487. ces in icials Vietnam has earned the admiration and support of the free world. ued communism to conquer freedom. More immediately it is part of that effort in Asia. A single Chinese-Communist aggressive front extends from Korea on the north to Indochina in the south. The armistice in Korea, even if it leads to a political settlement in Korea, does not end United craft States concern in the western Pacific area. As President Eisenhower er said in his April 16 speech,' a Korean armistice would be a fraud if it Titkin merely released Communist forces for attack elsewhere. lanes, In Indochina a desperate struggle is in its eighth year. The out- these come affects our own vital interests in the western Pacific, and we are Id fy already contributing largely in material and money to the combined ration efforts of the French and of Viet-Nam, Laos, and Cambodia. rcraft We Americans have too little appreciated the magnitude of the ately effort and sacrifices which France has made in defense of an area e 82 which is no longer a French colony but where complete independence h the is now in the making. This independence program is along lines quire which the United States has encouraged and justifies increased ation United States aid, provided that will assure an effort there that is fugee vigorous and decisive. Communist China has been and now is training, equipping, and ofice supplying the Communist forces in Indochina. There is the risk blems that, as in Korea, Red China might send its own army into Indo- china. The Chinese Communist regime should realize that such a smal second aggression could not occur without grave consequences which uired might not be confined to Indochina. I say this soberly in the interest imul- of peace and in the hope of preventing another aggressor miscalculation. We want peace in Indochina, as well as in Korea. The political f the conference about to be held relates in the first instance to Korea. ere in But growing out of that conference could come, if Red China wants uction it , an end of aggression and restoration of peace in Indochina. The United States would welcome such a development. ey be 26. ADDITIONAL UNITED STATES AID FOR FRANCE AND INDOCHINA: Joint Franco-American Communiqué, September 30, 1953 2 NIST The forces of France and the Associated States in Indochina have -etart for 8 years been engaged in a bitter struggle to prevent the engulfment of Southeast Asia by the forces of international communism. The heroic efforts and sacrifices of these French Union allies in assuring the liberty of the new and independent states of Cambodia, Laos and ment has in the past furnished aid of various kinds to the Governments of France and the Associated States to assist in bringing the long struggle to an early and victorious conclusion. Fisory form State rican plated ort --1633. ulletin 1 Supra, pp. 65–71. 1-342 2372 AMERICAN FOREIGN POLICY, 1950–1955 mi The French Government is firmly resolved to carry out in full its declaration of July 3, 1953,1 by which is announced its intention of an perfecting the independence of the three Associated States in Indo- china, through negotiations with the Associated States. The Governments of France and the United States have now Fr agreed that, in support of plans of the French Government for the pu intensified prosecution of the war against the Viet Minh, the United Pe States will make available to the French Government prior to Dear cember 31, 1954 additional financial resources not to exceed $385 wł million. This aid is in addition to funds already earmarked by the po United States for aid to France and the Associated States. The French Government is determined to make every effort to break up and destroy the regular enemy forces in Indochină. Toward St this end the government intends to carry through, in close cooperation Re with the Cambodian, Laotian, and Vietnamese Governments, the wi plans for increasing the Associated States forces while increasing temporarily French forces to levels considered necessary to assure the success of existing military plans. The additional United States rem aid is designed to help make it possible to achieve these objectives with maximum speed and effectiveness. The increased French effort in Indochina will not entail basic or permanent alteration of the French Government's plans and pro- the grams for its Nato forces. any SH aid The Indochina Phase of the Geneva Conference, 1954 CEE th h 27. PLANS FOR THE GENEVA CONFERENCE ON KOREA AND 1 INDOCHINA: Quadripartite Communiqué of the Berlin Confer A ence, February 18, 1954 2 my 28 A meeting of the Foreign Ministers of the United States, France , the United Kingdom, and the Soviet Union --Mr. John Foster Dulles , M. Georges Bidault, Mr. Anthony Eden, and M. Vyacheslav Molo- tov-took place in Berlin between January 25 and February 18, 1954 They reached the following agreements: (A) The Foreign Ministers of the United States, France, the United Kingdom, and the Union of Soviet Socialist Republics, meeting in Berlin, TI th ME D PP. 347- BA 348. 1 Documents on American Foreign Relations, 1953 (New York, 1954), 1954 Department of State publication 5399;11969), pp. 219-218. See also see * Foreign Ministers "Meeting: -Berlin Discussions, January 25-February se retary Dulles' address of Feb. 24, 1954; supra, pp. 85-90. THE FAR EAST AND SOUTHEAST ASIA 2373 1 thinking about two related matters—Indochina and the Chinese Com- (Department of State publication 5609; 1954) and infra, pp. 2695-2701. 2 General Assembly Res. 715 (VIII); infra, pp. 2796–2798. Bulletin, Apr. 12, 1954, pp. 539-542. ill its Considering that the establishment, by peaceful means, of a united on of and independent Korea would be an important factor in reducing (ndo international tension and in restoring peace in other parts of Asia, Propose that a conference of representatives of the United States, NOT France, the United Kingdom, the Union of Soviet Socialist Re- r the publics, the Chinese People's Republic, the Republic of Korea, the nited People's Democratic Republic of Korea, and the other countries the De 1 armed forces of which participated in the hostilities in Korea, and $388 which desire to attend, shall meet in Geneva on April 26 for the pur- 7 the pose of reaching a peaceful settlement of the Korean question; AGREE that the problem of restoring peace in Indochina will also rt to be discussed at the conference, to which representatives of the United ward States, France, the United Kingdom, the Union of Soviet Socialist ation Republics, the Chinese People's Republic, and other interested states the will be invited. It is understood that neither the invitation to, nor the holding of, ssure the above-mentioned conference shall be deemed to imply diplomatic tates recognition in any case where it has not already been accorded. (B) The Governments of the United States of America, of France, of pro the United Kingdom, and of the Union of Soviet Socialist Republics, Convinced that the solution of international controversies neces- sary for the establishment of a lasting peace would be considerably aided by an agreement on disarmament, or at least on a substantial reduction of armaments, 1954 WILL SUBSEQUENTLY HOLD an exchange of views to promote a suc- cessful solution of this problem as provided for in paragraph 6 of the United Nations resolution of November 28, 1953.2 The four Ministers have had a full exchange of views on the Ger- AND man question, on the problems of European security, and on the afer Austrian question. They were unable to reach agreement upon these alles, 28. VIEWS OF THE UNITED STATES ON THE EVE OF THE Colo- GENEVA CONFERENCE: Address by the Secretary of State, 954. March 29, 1954 3 This provides a timely occasion for outlining the Administration's ited See The Korean Problem at the Geneva Conference, April 26-June 15, 1954 18, matters. nice, munist regime. 11 3 347- Seco 2374 AMERICAN FOREIGN POLICY, 1950–1955 I ac M V ar an tas pe PE under way un ot: trained and equipped in Communist China. They are supplied 3 Declaration of July 3, 1953; Documents on American Foreign Relations, 1958 4 Mikhail Markovich Borodin, political adviser to the Kuomintang (1923–1927 Ya bo Indochina Indochina is important for many reasons. First—and always first- are the human values. About 30 million people are seeking for themselves the dignity of self-government. Until a few years ago С C M they formed merely a French dependency. Now, their three political th units---Vietnam, Laos and Cambodia—are exercising a considerable measure of independent political authority within the French Union, Each of the three is now recognized by the United States and by more than 30 other nations. They signed the Japanese Peace Treaty with us. Their independence is not yet complete. But the French Government last July 3 declared its intention to complete that is dependence, and negotiations to consummate that pledge are actively The United States is watching this development with close attention and great sympathy. We do not forget that we were a colony that won its freedom. We have sponsored in the Philippines a conspicu- tb ously successful development of political independence. We feel & sense of kinship with those everywhere who yearn for freedom. the Communist Imperialism The Communists are attempting to prevent the orderly develop de ment of independence and to confuse the issue before the world. The mic Communists have, in these matters, a regular line which Stalin laid off down in 1924. The scheme is to whip up the spirit of nationalism so that it becomes violent. That is done by professional agitators. Then the violencem is enlarged by Communist military and technical leadership and the ar provision of military supplies. In these ways, international Com.co munism gets a strangle-hold on the people and it uses that power to | A Samalgamate” the peoples into the Soviet orbit. "Amalgamation" is Lenin's and Stalin's word to describe their "o process. ‘Amalgamation” is now being attempted in Indochina under the be ostensible leadership of Ho Chi Minh. He was indoctrinated in Moscow. He became an associate of the Russian, Borodin," when the latter was organizing the Chinese Communist Party which we to bring China into the Soviet orbit. Then Ho transferred bis activities to Indochina. Those fighting under the banner of Ho Chi Minh have largely been with artillery and ammunition through the Soviet-Chinese Com ag munist bloc. Captured material shows that much of it was fabricated 1 See statement of Feb. 7, 1950, by the Department of State; supra, doc. 17. 2 Treaty of Sept. 8, 1951; supra, pp. 425-440. (New York, 1954), pp. 347–348. and head of Communist government at Hankow (1924–1927). of as ಜೊತೆ 5 OL } THE FAR EAST AND SOUTHEAST ASIA 2375 * Supra, pp. 65–71. aty? our diplomacy has sought to deter Communist China from open 3 Statement made at the President's news conference of Mar. 24, 1954; New York Times, Mar. 25, 1954. by the Skoda Munition Works in Czechoslovakia and transported across Russia and Siberia and then sent through China into Vietnam. Military supplies for the Communist armies have been pouring into Vietnam at a steadily increasing rate. st ; for Military and technical guidance is supplied by an estimated 2,000 Communist Chinese. They function with the forces of Ho Chi ago, Minh in key positions—in staff sections of the High Command, at tical the division level and in specialized units such as signal, engineer, able lion. artillery and transportation. i by In the present stage, the Communists in Indochina use nationalistic anti-French slogans to win local support. But if they achieved mili- tary or political success, it is certain that they would subject the ench t in. people to a cruel Communist dictatorship taking its orders from ively Peiping and Moscow. The Scope of the Danger ation The tragedy would not stop there. If the Communist forces won that uncontested control over Indochina or any substantial part thereof, DICU: they would surely resume the same pattern of aggression against eel & other free peoples in the area. The propagandists of Red China and Russia make it apparent that the purpose is to dominate all of Southeast Asia. Southeast Asia is the so-called "rice bowl” which helps to feed the elop-densely populated region that extends from India to Japan. It is The rich in many raw materials, such as tin, oil, rubber and iron ore. It laid offers industrial Japan potentially important markets and sources The area has great strategic value. Southeast Asia is astride the lence most direct and best developed sea and air routes between the Pacific the and South Asia. It has major naval and air bases. Communist Com control of Southeast Asia would carry a grave threat to the Philippines, rer to Australia and New Zealand, with whom we have treaties of mutual assistance. The entire Western Pacific area, including the so-called their offshore island chain", would be strategically endangered. President Eisenhower appraised the situation last Wednesday when the be said that the area is of transcendent importance".? ed il The United States Position The United States has shown in many ways its sympathy for the gallant struggle being waged in Indochina by French forces and those of the Associated States. Congress has enabled us to provide material aid to the established governments and their peoples. Also, of raw materials. omes I wher was d his been plied Com- aggression in that area. cated 17. President Eisenhower, in his address of April 16, 1953, explained See the treaties of Aug. 30, 1951, and Sept. 1, 1951; supra, pp. 873-875 and , 1958 878-880. -1927 2376 AMERICAN FOREIGN POLICY, 1950-1955 1 . a. e ti 9 $ 2 e. g., Secretary Dulles' address of Jan. 12, 1954: “The way to deter aggression that a Korean armistice would be a fraud if it merely released aggres- sive armies for attack elsewhere. I said last September that itt Red China sent its own army into Indochina, that would result in grave consequences which might not be confined to Indochina. Recent statements have been designed to impress upon potential aggressors that aggression might lead to action at places and by means of free world choosing, so that aggression would cost more than it could gain.? The Chinese Communists have, in fact, avoided the direct use of their own Red armies in open aggression against Indochina. They have, however, largely stepped up their support of the aggression in that area. Indeed, they promote that aggression by all means short of open invasion. Under all the circumstances it seems desirable to clarify further the United States position. Under the conditions of today, the imposition on Southeast Asia of the litical system of Communist Russia and its Chinese Communist ally, by whatever means, would be a grave threat to the whole free! community. The United States feels that that possibility should not be passively accepted, but should be met by united action. This might involve serious risks. But these risks are far less than those that will face us a few years from now, if we dare not be resolute today . t The free nations want peace. However, peace is not had merely by wanting it. Peace has to be worked for and planned for. Sometimes it is necessary to take risks to win peace just as it is necessary in wa to take risks to win victory. The chances for peace are usually bettered by letting a potential aggressor know in advance where bis aggression could lead him. ị hope that these statements which I make here tonight will serve the cause of peace. N Communist China Let me now discuss our political relations with Red China, taking first the matter of recognition. he United States does not recognize the Chinese Communist regime. That is well known. But the reasons seem not so wel known. Some think that there are no reasons and that we are actuated purely by emotion. Your Government believes that its B position is soberly rational. Non-Recognition Let me first recall that diplomatic recognition is a voluntary ack One country has no right to demand recognition by another. Gen- 1 Address of Sept. 2, 1953; supra, doc. 25. and means of its own choosing" (supra, p. 80). SE a II 1 TI 0 CI 8 It THE FAR EAST AND SOUTHEAST ASIA 2377 2 General Assembly Res. 498 (V); infra., pp. 2608-2609. at if 77 1 SSIOD government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy, meeting, in all instances, the just claims of every power, submitting to injuries from none.' the Monroe Doctrine (Department of State publication 37; 1930], p. 103.) gres.erally, it is useful that there should be diplomatic intercourse between those who exercise de facto governmental authority and it is well It in established that recognition does not imply moral approval. President Monroe, in his famous message to Congress, denounced ential the expansionist and despotic system of Czarist Russia and its allies. by But he said that it would nevertheless be our policy "to consider the more government de facto as the legitimate government for us”. That has indeed been the general United States policy, and I believe that it is se of a sound general policy. However, where it does not serve our inter- They ests, we are free to vary from it. In relation to Communist China, we are forced to take account of beans the fact that the Chinese Communist regime has been consistently and viciously hostile to the United States. er the A typical Chinese Communist pamphlet reads: "We Must Hate America, because She is the Chinese People's Implacable Enemy”; sia of "We Must Despise America because it is a Corrupt Imperialist unist Nation, the World Center of Reaction and Decadency"; "We Must free Look down upon America because she is a Paper Tiger and Entirely d not Vulnerable to Defeat". This By print, by radio, by drama, by pictures, with all the propaganda those skills which Communism has devised, such themes are propagated by oday the Red rulers. They vent their hatred by barbarous acts, such as ly by seizures and imprisonments of Americans. times Those responsible for United States policy must ask and answer: "Will it help our country if, by recognition, we give increased prestige ually and influence to a regime that actively attacks our vital interests?" e his I can find only the answer "No". Admission to the United Nations Let us turn now to the matter of seating Red China in the United Nations . By the Charter, membership is supposed to be limited to "peace-loving” states. Therefore, it is relevant to recall that the Chinese Communist regime became an aggressor in the latter part of aking 1950. Its armies invaded Korea and waged war against the United Nations Command. They contributed largely to the killing, wound- unit ng or losing in action of about 500,000 soldiers of the United Nations Command, including over 100,000 Americans. The United Nations General Assembly on February 1, 1951 voted, 44 to 7, that the Chinese People's Republic was guilty of aggression in Korea. It called upon it to withdraw its forces from Korea. But Message to Congress, Dec. 2, 1823: "Our policy in regard to Europe which hans adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate W&T serve well e are at its they still remain. 7 act. Gen- ression places 2378 AMERICAN FOREIGN POLICY, 1950–1955 f C M 2 See Foreign Relations of the United States: The Soviet Union, 1933-1939, It is true that the Chinese Communist Command concluded Korean Armistice. But that was not a Chinese Communist good-wil offering. It was something that the United Nations Command won. The Communists signed only after desperate and bloody final efforts had failed to break the allied line, and only after the United Nations Command had made it apparent that the conflict, if continued, would bring into jeopardy valuable Communist military and industrial assets in nearby Manchuria. The Chinese Communists' continuing lack of genuine will for peace is being demonstrated in Indochina. As one of the United Nations members who must pass on representa- tion, we must ask "Will it serve the interests of world order to bringt into the United Nations a regime which is a convicted aggressor, which has not purged itself from that aggression, and which continues to promote the use of force in violation of the principles of the United Nations?” I can find only the answer “No”. Free China on Formosa There is still another aspect of this China matter. We must not forget that the National Government of China continues to function in Formosa and millions of free Chinese are gathered there under its jurisdiction. It has the allegiance of many more. They have been our loyal friends and allies when, during World War II, we needed each other. Should the free nations facilitate and encourage the bloody liquida- fo tion by the Chinese Communists of these free Chinese on Formosa? S To me again, the only answer is "No". Experience with Communist Promises Some say that the United States should recognize the Chinese Com. munist regime and welcome it to the United Nations, in reliance of promises in relation to Korea and Indochina. The United States must judge that proposal on the basis of past experience. The United States agreed to recognize the Soviet regime in 1931 relying on its promise, in the so-called Litvinov agreement, to avoid and prevent political action from Russia against our political order. We performed and granted recognition. But the promises we received were vain. At Yalta, in February 1945, Britain and the United States gare sanction to the fact of dominant Soviet influence in Central Europe , They did so on the basis of a Soviet agreement that the peoples et liberated Europe would have the right "to choose the form of Govern : ment under which they will live”, and that in Poland there would be 1 Armistice agreement of July 27, 1953; supra, pp. 724-750, S SI 1 th 0] ai 8 or social 11 !! pi T pp. 27-37. THE FAR EAST AND SOUTHEAST ASIA 2379 WON. cons leace nues ī not Enises Conference. There, by standing firm, I finally obtained the reluctant 1945; ibid., pp. 33–34. 3 Treaty of Aug. 14, 1945, and related agreements; United States Relations publication 3573; 1949), pp. 585-596. Treaty of Friendship and Alliance; ibid., pp. 587-588. o See infra, pp. 2715–2728. d & "free and unfettered elections as soon as possible".1 But those -will promises we received were vain. There was also a Yalta Agreement with reference to the Far East.? forts The United States agreed to obtain for the Soviet Union control of Port Arthur, Dairen and the Manchurian Railroad. In exchange, ould the Soviet Union promised to support the National Government of strial China. This arrangement was consummated at Moscow in August 1945. Then the Soviet Government acquired from China the Manchurian assets that had been promised it. In return it gave a 30-year engagement "to render to China moral support and aid in inta- military supplies and other material resources, such support and aid to be entirely given to the National Government as the central ssor, government of China." 4 Having gained what it wanted the Soviet Government then moved lited promptly to assist the Chinese Communist regime in its efforts to overthrow the National Government. It gave to the Chinese Com- munist forces vast stocks of military supplies and other material resources which it had promised to give entirely to the National Government. ction In this matter again we gave performance. But the corresponding or its | Communist promises proved vain. been Our experience with Chinese Communist promises is limited because we have with them only one agreement. That is the Korean Armi- stice . The United Nations Command has reported that the Com- munists have violated it 40 times. That only tells part of the story, noss ! for the basic violation is that the Swedish and Swiss members of the Supervisory Commission are denied an adequate opportunity to supervise the North and to detect Communist violations.5 The United States recognizes that few nations have a record which is not marred by some violations of agreements. Also, we recognize Com that nothing human is immutable. Surely, there is nothing vindictive or implacable about the American people. Indeed, few people are as ready as we to forgive and forget. But it would be reckless for us to ignore the events of recent years which have filled our archives We are not in the market for more. It is now the policy of the United States not to exchange United void States performance for Communist promises. That United States position was made clear at the recent Berlin See Section II, “Declaration on Liberated Europe," and Section VII, of the Protocol of Proceedings of the Crimea Conference, Feb. 11, 1945; A Decade of American Foreign Policy, pp. 29 and 30–31. See the agreement regarding Japan, signed at the Crimea Conference, Feb. 11, eded lide ce of past with vain promises. 1933 social gare "Poland," rope. es of vern- Id be -1939 2380 AMERICAN FOREIGN POLICY, 1950–1955 discuss ha CO 01 3 Statement of Jan. 26, 1954; Foreign Ministers Meeting: Berlin Discussions, agreement by Mr. Molotov that the Geneva Conference would not be a "Big Five Conference” and that the invitation to Geneva would to itself specify that neither the invitation to, nor the holding of, that conference should be deemed to imply diplomatic recognition where it 80 had not already been accorded.2 The Chinese Communist regime has been invited only to discos Korea and Indochina, where it is in fact a force of aggression which we If cannot ignore. It gets no diplomatic recognition from us by the fact of its presence at Geneva. I said at Berlin: "It . . . is one thing to recognize evil as a fact. It is another thing to take evil to one's breast and call it good.” 3 That we shall not do. 24 The Dangers Ahead The United States Delegation will go to Geneva in an effort to bring about & united and independent Korea, from which Communist China will have withdrawn its army of invasion. Also, we hope that St M any Indochina discussion will serve to bring the Chinese Communists to see the danger of their apparent design for the conquest of South- east Asia, so that they will cease and desist. We shall not, however , be disposed to give Communist China what it wants from us, merely to buy its promises of future good behavior. Some, perhaps, would have it otherwise. But we dare not forget that during the period when we accepted Communist promises at their face value, and took for granted their peaceful intentions, the danger U steadily grew. We can, I think, take a lesson from Dien Bien Phu.4 For some days there has seemed to be a lull. But in fact the danger has steadily mounted. The enemy sappers have never ceased their work. They have burrowed and tunneled to gain forward positions so that the D C inner citadels can be subjected to mass assault from close positions . Today the free world also feels a sense of lull. The danger of general U war seems to have receded. I hope that that is so. If it is so, bg because the free nations saw the danger and moved unitedly, courage and decision, to meet it. There is, however, no reason for assuming that the danger has pel th manently passed. There is nothing to prove that the Soviet Com In munist rulers accepted peace as permanent, if permanent peace block their ambitions. They continue unceasingly to burrow and C tunnel to advance their positions against the citadels of freedom In Europe, Soviet Russia holds its grip on Eastern Germany and º Austria and maneuvers recklessly to prevent reconciliation between be 1 i. e., the Geneva conference on the problems of Korea and Indochina . 2 See the quadripartite communiqué of Feb. 18, 1954, supra, doc. 27: t1 January 25-February 18, 1954' (Department of State publication 5399; The French-held bastion in Indochina under siege by the forces of the Vis Minh. m! it is with er would SE A 1954, p. 28. i THE FAR EAST AND SOUTHEAST ASIA 2381 Issued at Paris; Department of State Bulletin, Apr. 26, 1954, pp. 622-623. t their Id not France and Germany. In Asia, the whole area from Japan and Korea would to Southeast Asia is troubled by Communist efforts at penetration. ; that As against such efforts, there is only one defense-eternal vigilance, here it sound policies and high courage. The United States is a member of a goodly company who in the past liscus have stood together in the face of great peril and have overcome it. ich we If we are true to that past, we can face the future with hope and le fact confidence. ing to breast 29. VIEWS OF THE UNITED STATES AND FRANCE ON THE EVE OF THE GENEVA CONFERENCE: Joint Statement by the Secretary of State and the French Foreign Minister, April 14, 19541 bring a unist Following their conversations in Paris on April 14th, the United e that States Secretary of State, Mr. John Foster Dulles, and the French unists Minister of Foreign Affairs, M. Bidault, issued the following statement: south- For nearly two centuries it has been the practice for representatives rever, of our two nations to meet together to discuss the grave issues which nerely from time to time have confronted us. In pursuance of this custom, which we hope to continue to the benefit forget of ourselves and others, we have had an exchange of views on Indo- china and Southeast Asia. Mr. Dulles expressed admiration for the gallant fight of the French Union forces, who continue with unshakeable courage and deter- days mination to repel Communist aggression. Padily We deplore the fact that on the eve of the Geneva Conference this They aggression has reached a new climax in Viet-Nam particularly at at the Dien-Bien-Phu and has been renewed in Laos and extended to The independence of the three Associated States within the French Union, which new agreements are to complete, is at stake in these We recognize that the prolongation of the war in Indochina, which endangers the security of the countries immediately affected, also threatens the entire area of Southeast Asia and of the Western Pacific. In close association with other interested nations, we will examine the and possibility of establishing, within the framework of the United Nations Charter, a collective defense to assure the peace, security and freedom We recognize that our basic objective at the Geneva Conference will be to seek the re-establishment of a peace in Indochina which will safeguard the freedom of its people and the independence of the Associated States. We are convinced that the possibility of obtaining this objective depends upon our solidarity. anger Cambodia. ONS. eneral it is battles. with s pero Com- would edom. of this area. y and tween na. ssions, 1954), 1 e Viet . 2382 AMERICAN FOREIGN POLICY, 1950–1955 0 & T te 9 S th d a al SE 5 Treaties of Aug. 30, 1951, with the Philippines, Sept. 1, 1951, with Australis Geneva Conference, April 26-June 15, 1954 (Department of State publication ment of State publication 5399; 1954), pp. 228–229.' See also Secretary Dulles" 30. PREPARATIONS FOR THE INDOCHINA PHASE OF THE GENEVA CONFERENCE: Statement by the President, May 5, 1954 1 With the return of the Secretary of State from Geneva, there will of course be a series of conferences on foreign affairs both within the Executive Department and between the Secretary of State and bipar- tisan groups of the Congress. Because of these forthcoming con- ferences and the probability that the Secretary of State will himself have something to say, and because, also, of the delicate nature of the issues now pending before the Geneva Conference, I shall limit my comments on the Indochina situation to a brief written statement . United States foreign policy has consistently supported the princi- ples on which was founded the United Nations. A basic expression of this policy was the Vandenberg Resolution of 1948.2 The United PE States believes in assuring the peace and integrity of nations through collective action and, in pursuance of the United Nations principle , has entered into regional security agreements with other nations . Examples are the Inter-American Agreement, the Nato Agree- ment, and a whole series of pacts in the Pacific. These arrange- ments are invariably to assure the peaceful security of the contracting nations and to prevent likelihood of attack; they are not arrange- ments designed primarily for waging war. The Geneva Conference, now 9 days old, has produced no surprises . The expressed fears of some have proved unfounded. It has not been a "five-power" conference as the Soviet Union tried to make it, lu It has not involved establishing express or implied diplomatic recognition by the United States of the Chinese Communist aggressors . The Korean phase of the Conference has been organized. Here the Communists came up with a scheme for Korean unification which 31 was a Chinese copy of the Soviet scheme for the unification of Ger- many. Under their proposal no election measures could be taken without Communist consent, and there could be no impartial super- vision of the election conditions or of the voting. This scheme was rejected for Germany.? Secretary Dulles tell me that it is equally unacceptable to the Republic of Korea and of 1 Made at a news conference; Department of State Bulletin, May 17, 1954 , th 2 S. Res. 239, 80th Cong., 2d sess., June 11, 1948; A Decade of American Foreign Policy, p. 197. 3 Treaty of Sept. 2, 1947; supra, pp. 789–796. 4 Treaty of Apr. 4, 1949, supra, pp. 812–815. U supra, pp. 873–875, 878-880, 885–886, and 897-898. See North Korean proposal of "A pr. 27, 1954; The Korean Problem at the 5609; 1954), pp. 39–40. ? Cf. Soviet proposal of Feb. 4, 1954, for the unification of Germany; Foreign Ministers Meeting: Berlin DiscussionsJanuary 25-February 18, 1954 Depark Oi G W re DO p. 740. DC as OI to of Vi address of Feb. 24, 1954; supra, pp. 85-90. THE FAR EAST AND SOUTHEAST ASIA 2383 je I 1- DI of State Bulletin, May 17, 1954, pp. 739–744. IEUnited Nations members which took part in the Korean War under 5. the United Nations Command now represented at Geneva. The Indochina phase of the Conference is in process of being organized and the issues have not yet been clarified. In this matter ill a large measure of initiative rests with the Governments of France, Viet-Nam, Laos, and Cambodia, which are the countries most directly concerned. Meanwhile plans are proceeding for the realization of a Southeast Asia security arrangement. This was publicly suggested by Secre- of | tary Dulles in his address of March 29. Of course, our principal uit allies were advised in advance. This proposal of the Secretary of it. State was not a new one; it was merely reaffirmation of the principles that have consistently guided our postwar foreign policy and a reminder to interested Asian friends that the United States was pre- dpared to join with others in the application of these principles to the threatened area. Most of the free nations of the area and others directly concerned have shown affirmative interest, and conversations 8: are actively proceeding. Obviously, it was never expected that this collective security the arrangement would spring into existence overnight. There are too ng many important problems to be resolved. But there is a general sense of urgency. The fact that such an organization is in process of formation could have an important bearing upon what happens at Geneva during the Indochina phase of the Conference. The countries of the area are now thinking in constructive terms, which include the indispensable concept of collective security. Prog- ress in this matter has been considerable and I am convinced that tic further progress will continue to be made. ch 31. MIDWAY IN THE GENEVA CONFERENCE: Address by the er- Secretary of State, May 7, 1954 2 I welcome this opportunity to talk with you about the Conference 71 now going on in Geneva: and the related aspects of our foreign policy. nd First of all, I join with you in paying tribute to the gallant defenders of Dien-Bien-Phu. May it be given us to play a worthy part to defend 54 the values for which they gave their lives. This week I returned from the Geneva Conference. My return was not connected with any developments at the Conference. As long ago as last February when the Conference was called, I said I would attend only the opening sessions, and then have my place taken by the Under Secretary of State, General Bedell Smith. He is highly qualified to head our delegation at Geneva. . Delivered over radio and television networks from Washington; Department the Geneva conference on the problems of Korea and Indochina. The French-held fortress at Dien-Bien-Phu fell to the besieging forces of the 30 rs. re en er- lia the 00 Supra, doc. 28. gr It- 3i. e., es" Viet Minh, May 7, 1954. 2384 AMERICAN FOREIGN POLICY, 1950–1955 th 0 CO CE F li 9 U CC d 4 See communiqués of Dec. 16, 1953, and Apr. 23, 1954; supra, pp. 1633-1637. 6 See North Korean proposal of Apr. 27, 1954; The Korean Problem at the cussions, January 25-February 18, 1954 (Department of State publication 5399; Since the Conference may last for some weeks, I did not feel able to stay with it that long. I have been out of the United States during much of the last 6 months to attend the Bermuda Conference, the Berlin Conference, the Caracas Conference, and two Nato Council meetings in Paris. These meetings strengthen the links with our allies and enable us to present the position of the United States to others. But the Secretary of State must also keep in close touch with our own people and with the Congress. In order to exercise our full influence in foreign affairs, the Government must have the under- standing and support of the American people for its policies. The Geneva Conference has two tasks. The first is to try to find & way to unify Korea. The second task is to discuss the possibility of restoring peace in Indochina. The Soviet delegation, however, has sought to use the Conference for other purposes. By various devices, it has tried to create the false impression that this meeting accepted Red China as one of "five great powers" or conferred on it a new international status. Both of these issues had been fought out in connection with calling the Conference and the Soviets had then conceded that the Conference would not be a five-power affair nor involve any recognition for Red China. We and our allies stood firmly and solidly on that position and the Soviets ended by accepting it. By the time I left Geneva, the Korean phase of the Conference had been organized and was well under way. I will speak first of that , and then of Indochina where the fighting is still active and where the question of possible United States participation has to be considered . For many years Korea has been the pawn of great powers, Japan, and China have abused and exploited Korea and kept its peoples in servitude. The Koreans now want only to be united and free and left alone. Yet, in fact, Korea is divided, and North Korea lives under the Chinese Communist voke. In all decency it would seem that the Communists should allow the Korean people at long last to live their own lives and to satisfy their aspirations for freedom. When the Geneva Conference was organized, the Communists put up their program for uniting Korea. Unhappily it was not a pro- gram to satisfy the desires of the Korean people for unity and freedom It was, as President Eisenhower said, “ “a Chinese copy' of the Soviet scheme for the unification of Germany.” Their idea is to have elections so set up that the Communists can dictate the outcome and thus im- pose their rule upon the whole country. In the case of Germany, the Communists control Eastern Ger 1 See communiqué of Dec. 7, 1953; supra, pp. 1468-1470. 2 See supra, doc. 27. 3 See supra, pp. 1299-1302. 1954), pp. 39–40. , supra, 7 See Soviet proposal of Feb.*491954; Foreign Ministers Meeting: Berlin, De 1954), pp. 228-239. r b li Russia, 8 I 0 C. a t ( 1 I ] 1 THE FAR EAST AND SOUTHEAST ASIA 2385 ur to er- Ice Ise at Ice 01 tralia and New Zealand; supra, pp. 873-875 and 878-880. ble many, with about one-fourth of the total German population. In the case of Korea, they control about one-sixth of the total Korean he population. They insist, however, in both cases, that this gives them the right to equal participation in determining the election conditions. Also, they stipulate that there must be no impartial supervision or observation of the elections to be sure that they are fair and free of coercion. ull The Communists feel confident that under these conditions they can make their candidates seem to win. This scheme, when offered for Germany, was turned down by the la Federal Republic of Germany and by the three Western Powers at of Berlin. The same scheme is equally objectionable for Korea. I can assure you that the United States delegation will do all that lies within its power to promote, by peaceful means, the independence and freedom and unity of Korea, More than 140,000 Americans were killed or wounded under the United Nations Command to keep Korea from being overrun by armed invasion. I promise you that we shall not surrender at the ng council table at Geneva the freedom for which so many fought and died. ed We are pressing the Communists to accept honest elections which will be supervised by responsible outside observers, who will assure a ad really free election. Whether the Communists accept that remains to at, be seen. If they would, then I think that Korea could be unified. he Let me turn now to the problem of Southeast Asia. In that great ed peninsula and the islands to the south live nearly 200 million people in 7 states--Burma; the three states of Indochina-Laos, Cambodia, 18, its and Viet-Nam; Thailand; Malaya; and Indonesia. Communist con- nd quest of this area would seriously imperil the free world position in the Western Pacific. It would, among other things, endanger the Philippines, Australia, and New Zealand, with all of which the ng United States has mutual-security treaties. It would deprive Japan of important foreign markets and sources of food and raw materials. In Viet-Nam, one of the three Indochinese states, war has been going on since 1946. When it began, Indochina was a French colony just liberated from Japanese occupation. The war started primarily et as a war for independence. What started as a civil war has now been taken over by international communism for its own purposes. Ho Chi-Minh, the Communist leader in Viet-Nam, was trained in Moscow and got his first revolutionary experience in China. In the name of nationalism, the Communists aim to deprive the people of Viet-Nam of their independence by subjecting them to the new imperialism of the Soviet bloc. What is going on in Indochina is a perfect example of the Soviet Communist strategy for colonial and dependent areas which was laid down by Lerin and Stalin many years ago and which the Communists have practiced to take over much of Asia. See Secretary Dulles' statement of Feb. 5, 1954, at the Berlin conference; Treaties of Aug. 30, 1951, with the Philippines, and Sept. 1, 1951, with Aus- rea Id m. ut 0- 1). IS 1 21 37 Ehe 19; 1 supra, pp. 1852–1855. 78 19; 415900—57-vol. 2-47 2386 AMERICAN FOREIGN POLICY, 1950–1955 0 li d h 11 On the military side, a 2-year plan was worked out by General The cost of this operation would be considerable. The United 3 Gen. Henri Eugène Navarre, French military commander in Indochina The Indochina area was vulnerable. The Governments of Vieta Nam, Laos, and Cambodia had not yet received full political in- dependence. Their peoples were not adequately organized to fight against the Communist-led rebels, and they did not feel that they had a stake in the struggle which justified great sacrifice. President Eisenhower became familiar with the problem when he was the Supreme Commander of Nato in Europe. He had seen the strain and the drain which the Indochina war put upon France. . He was aware of the growing discontent in France resulting from the long war where the French were assuming the principal burden of the fight and where human and material costs were mounting. I recall in December 1952 when General Eisenhower, as President- elect, was returning from his Korean trip on the cruiser. Helena, we discussed gravely the problem of Indochina. We realized that if Viet-Nam fell into hostile hands, and if the neighboring countries remained weak and divided, then the Com. munists could move on into all of Southeast Asia. For these reasons the Eisenhower administration from the outset gave particular at- tention to the problem of Southeast Asia. Our efforts took two complementary lines. We sought to strengthen the resistance to communism in Indochina. We sought also to build in Southeast Asia a broader community of defense. INDOCHINA MEASURES In Indochina itself, the following steps seemed to us important : 1. The French should give greater reality to their intention to grant full independence to Viet-Nam, Laos, and Cambodia. This would take away from the Communists their false claim to be leading the fight for independence. 2. There should be greater reliance upon the national armies whe would be fighting in their own homeland. This, we believed , could be done if the peoples felt that they had a good cause for which to fight and if better facilities for training and equipment were pro- vided for them. 3. There should be greater free-world assistance. France was carrying on a struggle which was overburdening her economic re- Much progress was made in each of these respects. The French declaration of July 3, 1953, pledged full independence to Viet-Nam , Laos, and Cambodia?: Already, a treaty of independence has been concluded with Laos, and Emperor Bao Dai told me, in Paris, 2 weeks ago, that he felt that Viet-Nam was assured of its independence 1 For the text of the French declaration, see Documents on American Foreign Relations, 1953 (New York, 1954), pp. 347-348. 2 See the French-Lao agreement of Oct. 22, 1953; ibid., pp. 348–350 fe lc lo CE 아 ​bi th st b SI DI c sources. st CI a P d d THE FAR EAST AND SOUTHEAST ASIA 2387 F len 迦 ​Ce. OMI We m len Throughout this period the United States has also followed the importance to the United States. See Secretary Dulles' address of Sept. 2, 1953; supra, doc. 25. eta States, which was already paying part of the cost of the war, agreed to bear the greater part of the total cost. We are now paying at ght the rate of about $800 million a year, plus a very large provision of ley military equipment. Despite the gains on these fronts, there has been a growing belief by the French people that France was overextended, in view of its responsibilities in Asia, in Africa, and in Europe. As a result, when I met in Berlin last January and February with the Foreign Ministers of France, Great Britain, and the Soviet Union, the French Govern- len ment asked that the projected conference on Korea be expanded to discuss also the problem of peace in Indochina.? nt Shortly after the Berlin Conference adjourned, the Communists, as was to be expected from them, began to expend their military assets, human and material, in a desperate effort to win some victory which the they would exploit for political purposes. They concentrated on a mass assault against one of the French outposts——that of Dien-Bien- 15 Phu. That assault was pushed with a callous disregard of human at-life . Now, Dien-Bien-Phu has fallen. Its defense, of 57 days and nights, ild will go down in history as one of the most heroic of all time. The de- fenders, composed of French and native forces, inflicted staggering losses on the enemy. The French soldiers showed that they have not lost either the will or the skill to fight even under the most adverse conditions. It shows that Viet-Nam produces soldiers who have the qualities to enable them to defend their country. An epic battle has ended. But great causes have, before now, to been won out of lost battles. This The Chinese Communists have been supplying the forces of Viet ing Minh rebels with munitions, trucks, anti-aircraft guns, radar, and ho technical equipment and technical advisers. They have, however, wild stopped short of open intervention. In this respect, they may have been deterred by the warnings which the United States has given that to such intervention would lead to grave consequences which might 10- not be confined to Indochina.3 second course of trying to develop strength in Southeast Asia through Back in 1951, I negotiated treaties with the Philippines, Australia, and New Zealand. These recognized that this area was one of vital , 2 aprehensive system of collective security in the area. ted See the French-United States communiqué issued Sept. 30, 1953; supra, See the quadripartite Berlin conference communiqué of Feb. 18, 1954; supra, :: 135 COLLECTIVE DEFENSE re- nch collective measures. 2.1, Den } ce ces doc. 26. eigt doc 3 mo 2388 AMERICAN FOREIGN POLICY, 1950-1955 E t 8 0 8 ir m This we have constantly sought. However, it has proved difficult to achieve this result. There were differences of race and culture and differences in the development of national self-government. The countries which had won or were winning their independence from Western colonialism and Japanese imperialism were often more con- cerned with past dangers from which they were extricating themselves than with the threat of new peril. The memories of the past blinded them to the present perils of Communist imperialism. They were not disposed to make the sacrifices inherent in any collective security system. However, this situation began to change and by the spring of this year it seemed that there could be a broader program of collective defense. On March 29, 1954, after consultations with Congressional leaders of both parties, and after having advised our principal allies, I stated : 1,"The imposition on Southeast Asia of the political system of Comi munist Russia and its Chinese Communist álly, by whatever means would be a grave threat to the whole free community. The United States feels that that possibility should not be passively accepted but should be met by united action.”'i This declaration was nothing new, although the circumstances of the moment gave the words a new significance. President Ểisenhower speaking almost a year earlier, in his address of April 16, 1953, had said that "aggression in Korea and in Southeast Asia are threats to the whole free community to be met by united action." 2 C After having explained our purposes to the American people , wo promptly conferred with the representatives of nine free nations having hu immediate interest in the area, namely, Viet-Nam, Laos, Cambodi, Thailand, the Philippines, Australia and New Zealand, France, and to the United Kingdom. We informed others whose interests could be affected. The Governments of the United Kingdom and of France asked me to visit their capitals to develop further our concept. After com ferences at London on April 12 and 13 with Sir Winston Churchill and N Mr. Eden, we issued a joint U.S.-U.K. communiqué 3 which, after reciting the danger to the entire area of Southeast Asia and the West- ern Pacific caused by Communist warfare in Indochina, concluded : U "Accordingly we are ready to take part, with the other countries principally concerned, in an examination of the possibility of establish:) ** ing a collective defense, within the framework of the Charter of the ti United Nations, to assure the peace, security and freedom of Southeast Asia and the Western Pacific." A similar agreement was reached in Paris with Prime Minister C Laniel and Foreign Minister Bidault. h The progress thus made was that which the United States had t. 8 01 TV P 4 0 S 0 1 Supra, doc. 28. 2 Supra, pp. 65–71. 3 Communiqué of Apr. 13, 1954; supra, pp. 1704–1705. 4 Statement of Apr. 14, 1954; supra, doc. 29. THE FAR EAST AND SOUTHEAST ASIA 2389 participate with its armed forces. Conference. The French have stated their desire for an armistice on of Viet-Nam, this would be a real contribution to the cause of peace in Southeast Asia. But we would be gravely concerned if an armistice Communist takeover and further aggression. If this occurs, or if sought. We had never sought any sudden spectacular act such as an ind ultimatum to Red China. Our goal was to develop a basic unity of The constructive purpose. We advanced toward that goal. I feel con- omfident that unity of purpose persists, and that such a tragic event as on the fall of Dien-Bien-Phu will harden, not weaken, our purpose to stay Fes united. led The United States and other countries immediately concerned are not giving careful consideration to the establishment of a collective de- ity fense. Conversations are taking place among them. We must agree as to who will take part in the united defense effort, and what their this commitments will be. ive It must be recognized that difficulties have been encountered, but this was expected. The complexity of the problem is great. As I of have pointed out, the complications were such that it was not possible ed even to get started until recent months. Under all the circumstances, - I believe that good progress is being made. I feel confident that the uns outcome will be such that Communist aggression will not be able to ted gain in Southeast Asia the results it seeks. but This may involve serious commitments by us all. But free peoples will never remain free unless they are willing to fight for their vital 1 of interests. Furthermore, vital interests can no longer be protected merely by local defense. The key to successful defense and to the 18 deterring of attack is association for mutual defense. That is what 488t the United States seeks in Southeast Asia. ted CURRENT HOSTILITIES IN VIET-NAM The question remains as to what we should do about the current dia, hostilities in Viet-Nam. and In Korea we showed that we were prepared under proper conditions to resort to military action, if necessary, to protect our vital interests and the principles upon which stable peace must rest. In Korea, we, along with others, joined in the defense of an inde- pendent government, which was already resisting an armed assault. and We did so at the request of the Republic of Korea and under a United Eter Nations mandate. The Korean people were inspired by a deep sense of patriotism and eager to develop a power of their own. The issues were clarified before the world by decisions of the United Nations. Under these circumstances, we and our allies fought until the enemy the In Indochina, the situation is far more complex. The present condi- tions there do not provide a suitable basis for the United States to The situation may perhaps be clarified as a result of the Genova a settlement on terms which do not endanger the freedom of the peoples of cease-fire were reached at Geneva which would provide a road to a wa ring be me 0D est- ed: ries ish- sized for an armistice. past ster nad 2390 1950-1955 AMERICAN FOREIGN POLICY, ? S hostilities continue, then the need will be even more urgent to create the conditions for united action in defense of the area. In making commitments which might involve the use of armed force . the Congress is a full partner. Only the Congress can declare war. President Eisenhower has repeatedly emphasized that he would not take military action in Indochina without the support of Congress Furthermore, he has made clear that he would not seek that unless, in his opinion, there would be an adequate collective effort based on gen- uine mutuality of purpose in defending vital interests. A great effort is being made by Communist propaganda to portra it as something evil if Asia joins with the nations of the Americas and Europe to get assistance which will help the peoples of Asia to secure their liberty. These Communist nations have, in this connection , adopted the slogan "Asia for the Asians.” The Japanese war lords adopted a similar slogan when they sought to subject Asia to their despotic rule. The similar theme of "Europe for the Europeans” was adopted by Mr. Molotov at the Berlin Conference when he proposed that the Europeans should seek security by arrange- ments which would send the United States back home. Great despotic powers have always known that they could impose their will and gain their conquests if the free nations stand apart and none helps the other. It should be observed that the Soviet Communist aggression in Europe took place only against countries which had no collective security arrangements. Since the organization of the North Atlantic Treaty, there has been no successful aggression in Europe. Of course, it is of the utmost importance that the United States participation in creating collective security in Asia should be on a basis which recognizes fully the aspirations and cultures of the Asian peoples. We have a material and industrial strength which they lack and which is an essential ingredient of security. Also they have cultural and spiritual values of their own which make them our by every moral standard. The United States, as the first colony of modern history to win inde pendence for itself, instinctively shares the aspirations for liberty of al dependent and colonial peoples. We want to help, not hinder, the spread of liberty. We do not seek to perpetuate Western colonialism and we find even more intolerable the new imperialist colonialism of communism. That is the spirit that animates us. If we remain true to that spirit , we can face the future with confidence that we shall be in harmont with those moral forces which ultimately prevail. ( 8. 8 equals Я } t 1 1 At his press conference on Mar. 10, 1954, President Eisenhower said: “There is going to be no involvement of America in war unless it is a result of the com stitutional process that is placed upon Congress to declare it" (New York Times, Mar. 11, 1954). THE FAR EAST AND SOUTHEAST ASIA 2391 1 ar. lot # = $ 1rd 200 OS Resolution of June 1948,4 which laid down basic conditions under which 1 Department of State Bulletin, June 7, 1954, pp. 862-864. Supra, pp. 65–71. the 32. CONDITIONS FOR UNITED STATES DIRECT INTERVEN- TION IN INDOCHINA: Transcript of a News Conference of the Ce Secretary of State, May 25, 1954 (Excerpt) At his news conference on May 25, a correspondent recalled to Secretary Dulles his report to the Nation following his return from Geneva 2 in in which he set forth the conditions under which the United States inter- uned in Korea. Mr. Dulles was asked to relate those conditions to the Indochina situation. Mr. Dulles made the following reply: 27 nd I pointed out, I think, the existence of certain conditions in the case of Korea, and I went on to say that the situation in Indochina was different and more complex. 0D I think that broadly speaking the attitude of the United States ito toward this situation has been made clear by statements which the for President has made and which I have made. I think it is fair to say that the United States attitude in this matter has been one of the few stable aspects in an otherwise changing and fluid situation. ge The position of the United States toward collective security in Southeast Asia has been known basically for quite a long while. In und fact , it really goes back to the time when I went out to the Far East in, I think, January of 1951 on a mission to try to create a collective in security pact in that area. That effort failed at that time in the sense ive that we were not able to put together a collective security arrangement tic of any large proportions, and we ended with a series of separate pacts one with Japan, one with Australia and New Zealand, and another tes with the Philippines. But there was not a regional security pact created at that time. Then I think I pointed out that, in his great address of April 16 ack of last year, President Eisenhower 'made a statement which did not attract at the time the attention it deserved perhaps because of other als aspects of his speech where he referred to Korea and Southeast Asia and said there should be united action for the defense of Southeast . all I repeated that statement in my March 29 speech after having the previously discussed it with congressional leaders and with our principal allies. The general conditions under which the United States is prepared to participate in collective defense there or elsewhere, for that matter, mit are quite well known. We are willing to participate in collective de- fense basically upon the terms that are laid down by the Vandenberg the United States would be prepared to participate on the basis of mutuality and in accordance with the principles of the United Nations. We are not prepared to go in for a defense of colonialism. We are See Secretary Dulles' address of May 7, 1954; supra. 18 1ab are Jan Only era 300- ork Policy, p. 197. 2392 AMERICAN FOREIGN POLICY, 1950–1955 2 See the agreement initialed at Paris, June 4, 1954; Documents on American only going to go in for defense of liberty and independence and freedom. We don't go in alone; we go in where the other nations which have an important stake in the area recognize the peril as we do. We go in where the United Nations gives moral sanction to our action, All of those conditions are known. They have been known. They are a basic part of American foreign policy, and they are, as the President said in one of his press conferences, a "stable” element in the situation. Mr. Dulles was then asked what was initiated by this Government in the period between March or April of 1953 and May of this year to bring about a Southeast Asian pact. He replied: We did have conversations, particularly with the French and the representatives of the Associated States who under conditions then existing were apt to form the core of any defensive action in that area." A correspondent recalled that one of the conditions laid down by Mr. Dulles in his speech of May n was to give independence to the Associated States. The correspondent said that France and Viet-Name had initialed proposed treaties of independence and association. H asked Mr. Dulles how far those treaties go toward meeting this point . Mr. Dulles made the following reply: I think what France is doing will, from what you might call a juridical standpoint, be a very large step in fulfillment of their pledge of July 3 of last year of complete independence to the Associated States . The main difficulty, I would say, at the present moment is not so much juridical as it is the translation of legal documents into a sense on the part of the peoples of Viet-Nam, Laos, and Cambodia that they really have an independence for which it is worthwhile for them to fight and, if need be, to die. It takes time to translate papers that are signed in Paris into the living spirit; and it also takes time to overcome a certain feeling on the part of many of the Asian nations that France is not really sincere in its promises. I believe the French are going a long way path—perhaps from a legal standpoint as far as it is either wise or necessary to go at the present time. But it is one thing to have the letter and another thing to have the spirit, and I would say at the moment the principal deficiency is a translation of the spirit of liberty into the area and in the conduct of the French people in relation to the native peoples. There is quite a bit to be done, I think, in that prac- tical respect. A reporter cited as one of the general conditions for participation place where the United Nations gives moral sanction. He asked if the 1 See supra, docs. 26 and 29. Foreign Relations, 1954 (New York, 1955), pp. 270-272. 1 down that THE FAR EAST AND SOUTHEAST ASIA 2393 3 Address of Apr. 16, 1953; supra, pp. 65–71. ave Our 姆 ​the support it. However, on July 3, 1953, the French Government made a public June 28, 1954, p. 974. 2 Delivered before the Los Angeles World Affairs Council, Los Angeles; ibid., and United States had any plans for seeking that kind of sanction from the United Nations. Mr. Dulles answered: There have been discussions off and on, I am sorry to say more off than on, over the past year or more with reference to bringing the United Nations into this situation. At the moment the prospects look somewhat better than they have recently, but in the past we have been close to the United Nations action without its being actually the very takon. So I don't want to forecast at the present time. the Asked if we would support any appeal to the United Nations for a peace 129 mission or observation mission to be sent into the Southeast Asian area, he replied: " ang I believe if such an appeal were made, the United States would hen Mr. Dulles was asked if the United States had before it any request from the French Government for intervention in Indochina. He replied: No, the French Government has made no such request of the United States. They have had some conversations to explore the conditions under which that might be possible, and in that respect the French have been told much the same thing that has been publicly said by the President and me as to the conditions, which as I say have been stable and unchanging over a considerable period of time, under which such intervention would be considered possible. Of course, let me I & make clear that one of the conditions which we have always stood on is edge that there must be congressional sanction to any such action. tes 33. THE THREAT OF DIRECT CHINESE COMMUNIST INTERVENTION IN INDOCHINA: Address by the Secretary of State, June 11, 1954 (Excerpt) At the moment, Indochina is the area where international com- het munism most vigorously seeks expansion under the leadership of Ho Chi-Minh. Last year President Eisenhower, in his great "Chance for the Peace” address," said that “aggression in Korea and Southeast Asia the are threats to the whole free community to be met by united action.” But the French were then opposed to what they called "international- the izing” the war. They preferred to treat it as a civil war of rebellion. Cf. Secretary Dulles' statement of June 18, 1954, regarding the Soviet veto 城​伽​孤城 ​山姆​奶娘​叫​她​她​, ght the A II m erty no pp. 971-973. icon 2394 AMERICAN FOREIGN POLICY, 1950–1955 m S11 W. CC 8 W SI 6 See the Anglo-American statement of Apr. 13, 1954 (supra, pp. 1704–1705); declaration of independence for the three Associated States,' and in September it adopted the so-called Navarre plan, which contemplated a rapid buildup of national native forces. The United States then agreed to underwrite the costs of this plan.3 But last winter the fighting was intensified and the long strain co began to tell in terms of the attitude of the French people toward a war then in its eighth year. Last March, after the siege of Dien- Bien-Phu had begun, I renewed President Eisenhower's proposal that we seek conditions which would permit a united defense for the area. C I went to Europe on this mission, and it seemed that there was agree St ment on our proposal.5 But when we moved to translate that pro- posal into reality, some of the parties held back because they had concluded that any steps to create a united defense should await the th results of the Geneva Conference. Meanwhile, the burdens of a collective defense in Indoching have a mounted. The Communists have practiced dilatory negotiating at el Geneva, while intensifying their fighting in Indochina. The French and national forces feel the strain of mounting enemy power on their front and of political uncertainty at their rear. I told the Senate Foreign Relations Committee last week that the situation is grave but by no means hopeless. The future depends largely on decisions awaited at Paris, London, and Geneva. 6 The situation in Indochina is not that of open military aggression by the Chinese Communist regime. Thus, in Indochina, the problem is one of restoring tranquillity in an area where disturbances are fomented P from Communist China, but where there is no open invasion by Com- munist China. This task of pacification, in our opinion, cannot be successfully met merely by unilateral armed intervention. Some other conditions need to be established. Throughout these Indo-s china developments, the United States has held to a stable and con- sistent course and has made clear the conditions which, in its opinion , might justify intervention. These conditions were and are (1) an of invitation from the present lawful authorities; (2) clear assurance complete independence to Laos, Cambodia, and Viet-Nam; (3) evidence of concern by the United Nations; (4) a joining in the collec tive effort of some of the other nations of the area; and (5) assurance that France will not itself withdraw from the battle until it is won. Only if these conditions were realized could the President and the Congress be justified in asking the American people to make the sacrifices incident to committing our Nation, with others, to using force to help to restore peace in the area. For the text of the French declaration, see Documents on American Foreign Relations, 1959 (New York, 1954), pp. 347–348. 2 So named for Gen. Henri Eugène Navarre, French military commander in Indochina. 3 See Franco-American communiqué of Sept. 30, 1953; supra, doc. 26. 4 See Secretary Dulles' address of Mar. 29, 1954; supra, doc. 28. and the Franco-American statement of Apr. 14, 1954 (supra, doc. 29). • Statement of June 4, 1954; Department of State Bulletin, June 14, 1934 pp. 924-925. T C 8 8 D THE FAR EAST AND SOUTHEAST ASIA 2395 2 Armistice of July 27, 1953; supra, pp. 724-750. 3 Statement of Apr. 28, 1954; infra, pp. 2685-2692. len- ONS 10 Another problem might, however, arise. If the Chinese Com- ited munist regime were to show in Indochina or elsewhere that it is hen determined to pursue the path of overt military aggression, then the situation would be different and another issue would emerge. That pain contingency has already been referred to publicly by the President and do myself . The President, in his April 16, 1953, address, and I myself, in an address of September 2, 1953,1 made clear that the United hat States would take a grave view of any future overt military Chinese est Communist aggression in relation to the Pacific or Southeast Asia area. Peso Such an aggression would threaten island and peninsular positions 010 which secure the United States and its allies. hed If such overt military aggression occurred, that would be a deliberate the threat to the United States itself. The United States would of course invoke the processes of the United Nations and consult with its are allies. But we could not escape ultimate responsibility for decisions * closely touching our own security and self-defense. nch There are some, particularly abroad, who seem to assume that the leir attitude of the United States flows from a desire for a general war ate with Communist China. That is clearly false. If we had wanted but such a war, it could easily have been based on the presence of Chinese aggressors in Korea. But last July, in spite of difficulties which at times seemed insuperable, we concluded a Korean armistice with by Communist China. How could it be more surely demonstrated that we have both the will to make peace and the competence to make Your Government wants peace, and the American people want be peace. But should there ever be openly launched an attack that the American people would clearly recognize as a threat to our own do-security, then the right of self-preservation would demand that we on- regardless of any other country-meet the issue squarely. It is the task of statesmanship to seek peace and deter war, while at the same time preserving vital national interests. Under present of conditions that dual result is not easy to achieve, and it cannot be 3 achieved at all unless your Government is backed by a people who are Co willing, if need be, to sacrifice to preserve their vital interests. At the Geneva Conference I said: "Peace is always easy to achieve- by surrender.": Your Government does not propose to buy peace che at that price. We do not believe that the American people want peace best that price. So long as that is our national will, and so long as that ng will is backed by a capacity for effective action, our Nation can face the future with that calm confidence which is the due of those who, in a troubled world, hold fast that which is good. Egn IS ted peace? om- me on, ace in 1 Supra, doc. 25. 5): 54 2396 AMERICAN FOREIGN POLICY, 1950-1955 WI CAS could help France, Viet-Nam, Laos, and Cambodia find acceptable the United States must adhere if it is to be true to itself, and if the 2 Ibid., p. 123; see also statement of July 12, 1954, by Secretary Dulles (ibid.), 34. INCREASED MILITARY AID TO THAILAND: Statement Released by the Department of Defense, July 13, 1954 Vi The Department of Defense on July 13 announced a new progran po of increased military aid and technical assistance to the Government be of Thailand. As a result of staff talks recently concluded between Department of Defense officials and a Thai military mission headed by Gen. Sridi Dhanarajata, Deputy Defense Minister and Commander in Chief di the Royal Thai Army, a new and additional military-assistance pro- Br gram has been approved for the Thais so as to increase the capability UL of the Thai armed forces to resist aggression. th Additional emphasis will also be placed on the accelerated develop- ment of junior officers, noncommissioned officers, and technical per: sonnel, the announcement stated. The program calls for additional ca support for Thai training activities, including the provision of weapon, equipment, and technical and training assistance in their use. In addition to the military-aid grant, the Department of Defense 36 also announced that approximately $3 million was being made avai able to the Thai Government for the construction of a highway from Saraburi, in Central Thailand, through Korat to Ban Phai, a distance of 297 miles. While this highway will be of strategic value in case of military to operations in Thailand, its value to the economy of the country will be considerable, the announcement stated. The program will be administered in Thailand by a Joint U.S b Military Aid Group headed by Maj. Gen. W. N. Gillmore, U. S. Army. 35. CONSULTATIONS WITH THE FRENCH PREMIER AND THE bi BRITISH FOREIGN SECRETARY: Statement by the Secretary d th State, July 15, 1954 % CO ha I return from consultations at Paris with the new French Prims Minister and Foreign Minister, M. Pierre Mendès-France . These th talks were also participated in by Anthony Eden, the British Foreign lo Secretary. These talks have brought about an understanding concerning Indo N china much more complete than has heretofore existed. It enabled us to demonstrate anew the solidarity of the Western powers in the face of Communist hostility and intrigue. The United States has been concerned to find a way whereby i th of , mi ng 81 SE PE Se W MI ei THE FAR EAST AND SOUTHEAST ASIA 2397 1 General Smith left for Geneva on July 16. (Note in Bulletin] * Cease-fire agreements of July 20, 1954; supra, pp. 750-785. Department of State Bulletin, Aug. 2, 1954, p. 163. Statement of July 21, 1954, by Under Secretary Smith; supra, pp. 787-789. nent 1 ment captive and endangered peoples of the world are to feel that the United States really believes in liberty. I had the opportunity in Paris fully to explain the United States gram position in this respect to M. Mendès-France, whom I had known nent before but whom I had not met since he assumed his new offices. The conclusion was that we would ask the Under Secretary of State, Gen. Walter Bedell Smith, to return to Geneva at an early date to rikli renew his participation in the Indochina phase of the Conference. ed But this is on the understanding, to which both the French and p10- British Ministers expressly agreed, that renewed participation by the lit United States at the ministerial level will be without departing from the U.S. principles which I had described. I believe that we have found a formula for constructive allied unity per- which will have a beneficial effect on the Geneva Conference. And it onal carries no danger that the United States will abandon its principles. 1018 , ense pail . irom ance 36. THE CEASE-FIRE AGREEMENTS IN INDOCHINA: Statement by the President, July 21, 1954 2 y of I am glad, of course, that agreement has been reached at Geneva tary to stop the bloodshed in Indochina.3 II be The United States has not been a belligerent in the war. The pri- mary responsibility for the settlement in Indochina rested with those 1.8. nations which participated in the fighting. Our role at Geneva has my. been at all times to try to be helpful where desired and to aid France and Cambodia, Laos, and Viet-Nam to obtain a just and honorable settlement which will take into account the needs of the interested people. Accordingly, the United States has not itself been party to "HE or bound by the decisions taken by the Conference, but it is our hope that it will lead to the establishment of peace consistent with the rights and the needs of the countries concerned. The agreement contains features which we do not like, but a great deal depends on The United States is issuing at Geneva a statement to the effect that it is not prepared to join in the Conference declaration, but, as ** loyal members of the United Nations, we also say that, in compliance ada with the obligations and principles contained in article 2 of the United dus Nations Charter, the United States will not use force to disturb the settlement. We also say that any renewal of Communist aggression would be viewed by us as a matter of grave concern. As evidence of our resolve to assist Cambodia and Laos to play part, in full independence and sovereignty, in the peaceful com- munity of free nations, we are requesting the agreement of the Gov- ernments of Cambodia 'and Laos to our appointment of an Ambassador how they work in practice. ime Beso face their git able nich the d.). 2398 AMERICAN FOREIGN POLICY, 1950-1955 Department of State Bulletin, Aug. 16, 1954, p. 241; see also statement of or Minister to be resident at their respective capitals (Phnom Penh and Vientiane). We already have a Chief of Mission at Saïgon, the capital of Viet-Nam, and this Embassy will, of course, be maintained . The United States is actively pursuing discussions with other free nations with a view to the rapid organization of a collective defense in Southeast Asia in order to prevent further direct or indirect Com- munist aggression in that general area. Aid for Indochina Following the Geneva Conference, 1954-1955 37. ASSISTANCE TO REFUGEES FROM NORTH VIET-NAM: Note From the American Embassy at Saïgon to the Vietnamese Foreign Ministry, August 8, 1954 1 On August 6 the U.S. Government received from the Government of Viet-Nam a request that the United States provide assistance in moning over 100,000 refugees from North Viet-Nam, the area which is being turned over to the Viet Minh, to South Viet-Nam areas under control of the anti-Communist government of Viet-Nam. The United States on August 8 replied as follows [Note in Department of State Bulletin): The United States Government desires to extend to the Government of Viet-Nam all reasonable assistance to evacuate from areas defined in the cease-fire agreement its nationals who understandably are unwil ing to face the grim certainties of life under the Communists . The United States is well aware that mere removal does not solve the problem for such people or for the Government of Viet-Nam. The United States is also prepared to provide as far as possible materia help needed to enable refugees from Viet Minh domination to resume existence under their chosen government with maximum opportuniti to add to the strength of that government through their own efforts The American Embassy will continue close cooperation with the Government of Viet-Nam to ensure that United States assistance is made effective in meeting the needs of the Government of Viet-Nam and its people. The United States will expect the maximum coopera tion of the Government of Viet-Nam in working to this mutual eod. 23, 1954, pp. 265–266) and White House statement of Aug. 22, 1954 (infra) . f . 1 1 1 THE FAR EAST AND SOUTHEAST ASIA 2399 她 ​OM lese end / Sabin and are already loading refugees at Haiphong. Several thou- Mekong River Delta and the high lands of South Viet-Nam there is steads and work out new lives in freedom. ? See American note of Aug. 8, 1954; supra. Department of State Bulletin, Sept. 6, 1954, pp. 336–337. enh 38. EVACUATION OF REFUGEES FROM NORTH VIET-NAM: the Statement Released by the White House, August 22, 1954 1 ded. free The cease-fire agreement which terminated hostilities in Viet-Nam te in provided that persons on either side of the dividing line, which is roughly at the 17th parallel of latitude, would be free to move to places of their own choice. Very soon all of North Viet-Nam, which includes the Delta of the Red River otherwise known as Tonkin, will be handed over provisionally to the Viet Minh Government of Ho Chi Minh. Thousands of refugees of Tonkin, fearful of being placed under the Ice , Communist yoke, are moving outward to Free Viet-Nam. The French Government has offered transport to these evacuees, and both the French Navy and Air Force are doing what they can to carry out this movement. IM: The French Air Force is presently lifting approximately 3,400 evacuees a day from airfields at Hanoï and Haiphong to the Saigon area. Likewise the French Navy is carrying refugees and at the same time transporting French expeditionary forces to Saïgon. it of However, the number of refugees has so increased that both the French authorities and Vietnamese Government have asked additional ving eing assistance of the United States in transporting these Vietnamese ol of citizens who prefer to give up their homes in order to remain free. The United States promptly agreed to their request.? The French 1 and Vietnamese authorities retain complete responsibility for the care of Vietnamese citizens who choose to leave the Delta area. The nent United States is providing ships to help transport refugees and, in din addition, is furnishing some tentage and other supplies to better will enable the French and Vietnamese officials ashore to take care of the The refugees. the It is estimated that at least 200,000 civilian refugees must be moved The from Hanoï or Haiphong before September 10. The Commander in Chief, Pacific, Admiral Felix Stump, has in- rum structed the Fifth Amphibious Group of the Western Pacific Fleet nity to assist in the transportation from Haiphong to points in South and orts Central Viet-Nam a total of between 80,000 and 100,000 refugees. the The majority of refugees will probably be moved by LST's. In ei order to help expedite this movement, however, transport vessels Nam and commercial freighters of the Military Sea 'Transport Service here were dispatched earlier under the command of Rear Admiral Lorenzo t bi Fortunately, Free Viet-Nam is a country with ample land resources for the resettlement of almost any number of Vietnamese who desire to flee from Communist domination. In the rich rice lands of the $ 01 erial . Aug. 1 2400 AMERICAN FOREIGN POLICY, 1950–1955 1 11 1 1t 1 1 The United States was represented by Acting Secretary Smith and France br 1 Issued at Washington; Department of State Bulletin, Oct. 11, 1954, p. 534. Guy LaChambre, Minister of State for Relations with the Three Associated The United States will continue to assist the Vietnamese Govern- ment, headed by Prime Minister Ngo Dinh Diem, in their humanitarian endeavor to bring the Vietnamese to Free Viet-Nam, It is noteworthy that, although Vietnamese from Tonkin are clamor- ing to leave the area, soon to be under Communist rule, no Viet Minh adherents from Free Viet-Nam have clamored to be transported north to settle in that area under the Government of Ho Chi Minh, 39. DIRECT AID TO THE ASSOCIATED STATES: Communiqué Regarding Franco-American Conversations, September 29, 1954 Representatives of the two Governments have had very frank and useful talks which have shown the community of their views, and are in full agreement on the objectives to be attained. The conclusion of the Southeast Asia Collective Defense Treaty in Manila on September 8, 1954, has provided a firmer basis than here- tofore to assist the free nations of Asia in developing and maintaining their independence and security. The representatives of France end the United States wish to reaffirm the support of their Governments for the principles of self-government, independence, justice and liberty proclaimed by the Pacific Charter in Manila on September 8, 1954 The representatives of France and the United States reaffirm the intention of their governments to support the complete independence of Cambodia, Laos, and Viet-Nam. Both France and the United States will continue to assist Cambodia, Laos, and Viet-Nam in their efforts to safeguard their freedom and independence and to advance the welfare of their peoples. In this spirit France and the United States are assisting the Government of Viet-Nam in the resettlement of the Vietnamese who have of their own free will moved to free Viet-Nam and who already number some 300,000. In order to contribute to the security of the area pending the further development of national forces for this purpose, the representatives of France indicated that France is prepared to retain forces of is Expeditionary Corps, in agreement with the government concerned , within the limits permitted under the Geneva agreements and to an extent to be determined. The United States will consider the question of financial assistance for the Expeditionary Corps in these circum stances in addition to support for the forces of each of the three Associated States. These questions vitally affect each of the thre Associated States and are being fully discussed with them. The channel for French and United States economic aid, budgetary support, and other assistance to each of the Associated States will be direct to that state. The United States representatives will begin States, and Edgar Faure, Finance Minister. 2 Supra, pp. 912–916. 3 Supra, pp. 916-917. 1 1 : THE FAR EAST AND SOUTHEAST ASIA 2401 10r- 1 are y in ere- ents 2 Ibid., Nov. 15, 1954, pp. 735-736. .. Department of State Bulletin, Oct. 25, 1954, p. 615. rn- discussions soon with the respective governments of the Associated leir States regarding direct aid. The methods for efficient coordination im. of French and United States aid programs to each of the three Associ- eted States are under consideration and will be developed in discussions liet with each of these states. ted After the bilateral talks, the chiefs of diplomatic missions in Wash- inhington of Cambodia, Laos and Viet Nam were invited to a final meeting to have an exchange of views and information on these mat- ters. The representatives of all five countries are in complete qué agreement on the objectives of peace and freedom to be achieved in Indochina. and 40. AID TO CAMBODIA: Message From the President of the United States to the King of Cambodia, October 2, 1954 1 YouR MAJESTY: The people of the United States have watched with concern and admiration the struggle of Cambodia against un- Ang warranted Communist aggression. The United States is happy that and Cambodia has reaffirmed its independence and that your Kingdom is in a position now to undertake a course which will secure that sovereign erty freedom for which your people fought. 154. At this time when Cambodia has so convincingly demonstrated its the independence and its stern determination to maintain that inde- ne pendence, I desire Your Majesty to know that my Government will ited be pleased to consider ways in which our two countries can more effectively cooperate in the joint task of stemming the tbreats facing your territories and maintaining peace and prosperity in your With assurances of my personal esteem and high regard, free 41. AID TO THE STATE OF VIET-NAM: Message From the President of the United States to the President of the Council of Ministers of Viet-Nam, October 23, 1954 2 Dear Mr. PRESIDENT: I have been following with great interest the course of developments in Viet-Nam, particularly since the con- clusion of the conference at Geneva. The implications of the agree- ment concerning Viet-Nam have caused grave concern regarding the future of a country temporarily divided by an artificial military group- ng weakened by a long and exhausting war and faced with enemies Your recent requests for aid to assist in the formidable project of the movement of several hundred thousand loyal Vietnamese citizens away from areas which are passing under a de facto rule and political 48 ance cited Kingdom. nent ther Cites f its ned 7 AD tion CUDI- hree hree tart 77 be egin 534 br iated 415900_-57-Vol. 248 2402 AMERICAN FOREIGN POLICY, 1950–1955 . { ideology which they abhor, are being fulfilled. I am glad that the United States is able to assist in this humanitarian effort. We have been exploring ways and means to permit our aid to Viet-Nam to be more effective and to make a greater contribution to the welfare and stability of the Government of Viet-Nam. I am, accordingly, instructing the American Ambassador to Viet-Nam to examine with you in your capacity as Chief of Government, how an intelligent program of American aid given directly to your Govern- ment can serve to assist Viet-Nam in its present hour of trial , pro- vided that your Government is prepared to give assurances as to the standards of performance it would be able to maintain in the event such aid were supplied. The purpose of this offer is to assist the Government of Viet-Nam in developing and maintaining a strong, viable state, capable of resist- ing attempted subversion or aggression through military means. The Government of the United States expects that this aid will be met by performance on the part of the Government of Viet-Nam in under- taking needed reforms. It hopes that such aid, combined with your own continuing efforts, will contribute effectively toward an independ- ent Viet-Nam endowed with a strong government. Such a govern- ment would, I hope, be so responsive to the nationalist aspirations of its people, so enlightened in purpose and effective in performance, that it will be respected both at home and abroad and discourage ang who might wish to impose a foreign ideology on your free people , 42. MISSION OF THE SPECIAL UNITED STATES REPRE- SENTATIVE IN VIET-NAM:1 Statement Issued by the White House, November 3, 1954 2 The President on November 3 designated Gen. J. Lawton Collins as Special United States Representative in Viet-Nam with the per- sonal rank of Ambassador, to undertake a diplomatic mission of limited duration. He will coordinate the operations of all U.S. agencies in that country. General Collins will proceed immediately to Saïgon, where he wil confer with Ambassador Donald R. Heath prior to the latter's already scheduled return to the United States for reassignment following ! years of distinguished service in Indochina. For the duration of this assignment General Collins will relinquish his other duties, including that of U.S. representative on the Military Committee of the North Atlantic Treaty Organization. Since the conclusion of hostilities in Indochina, the U. S. Govern ment has been particularly concerned over developments in Viet-Nam , zones, and confronted by dangerous forces threatening its independ- a country ravaged by 8 years of war, artificially divided into armistice ence and security. i Gen, J. Lawton Collins. 2 Department of State Bulletin, Nov. 22, 1954, pp. 777–778. THE FAR EAST AND SOUTHEAST ASIA 2403 . 2 Department of State Bulletin, Jan. 10, 1955, pp. 51-52. Letter of Oct. 23, 1954; supra, doc. 41. le 0 0 1, 0 D lo The U. S. Government is fully aware of the immense tasks facing the Government of Viet-Nam in its effort to achieve solidarity, internal security, and economic rehabilitation. The United States has already played an important role in the evacuation of hundreds of thousands of refugees from Communist rule in North Viet-Nam. Moreover, as the President told Prime Minister Ngo Dinh Diem in his letter of October 23d, U.S. representatives in Viet-Nam have been instructed to consider with the Vietnamese authorities how a program of American aid given directly to Viet-Nam can best assist that country. General Collins will explore this matter with Prime Minister Ngo Dinh Diem and his Government in order to help them resolve their present critical problems and to supplement measures adopted by the Vietnamese themselves. In executing his temporary mission, General Collins will maintain close liaison with the French Commissioner General, Gen. Paul Ely, for the purpose of exchanging views on how best, under existing cir- cumstances, the freedom and welfare of Viet-Nam can be safeguarded. ). le it ta le } r Ir f 43. DIRECT AID TO VIET-NAM, CAMBODIA, AND LAOS: Statement by the Department of State, December 31, 1954 ? " } Arrangements have been completed so that on January 1, 1955, the United States can begin supplying financial aid directly to the Governments of Viet-Nam, Cambodia, and Laos for the purpose of strengthening their defense against the threat of Communist sub- version and aggression. This direct aid reaffirms the independent status these Governments now possess, and is in addition to the eco- nomic aid that has been given directly to these three states by the United States since 1950. The aid will be given pursuant to section 121 ' of the Mutual Security Act of 1954, which provides for "the as far as possible, of direct assistance to the Associated States of Cambodia, Laos and Viet-Nam. The provision of U.S. aid directly to these Governments was confirmed by the communiqué issued at Washington on September 29 of this year, following talks between representatives of the United States, France, the Chiefs of Mission of the three Associated States and by letters from President Eisenhower to the King of Cambodia 5 and to President Diem of Viet-Nam.° furnishing, >) 3 1 Supra. 3 Infra, p. 3111. * Supra doc. 39. * Letter of Oct. 2, 1954, supra, doc. 40, 2404 AMERICAN FOREIGN POLICY, 1950–1955 44. UNIFICATION OF VIET-NAM THROUGH FREE ELECTIONS: Statement by the Secretary of State at a News Conference, June 28 , 1955 1 At his news conference on June 28, Secretary Dulles was asked the position of the United States with respect to elections in Viet-Nam. The Secretary replied: Neither the United States Government nor the Government of Viet-Nam is, of course, a party to the Geneva armistice agreements.? We did not sign them, and the Government of Viet-Nam did not sign them and, indeed, protested against them. On the other hand, the United States believes, broadly speaking, in the unification of countries which have a historic unity, where the people are akin. We also believe that, if there are conditions of really free elections, there is no serious risk that the Communists would win. The Communists have never yet won any free election. I don't think they ever will. Therefore, we are not afraid at all of elections , provided they are held under conditions of genuine freedom which the Geneva armistice agreement calls for. If those conditions can be provided we would be in favor of elections, because we believe that they would bring about the unification of the country under free government auspices. 45. RECOGNITION OF THE NEW CHIEF OF STATE OF VIET- NAM: Statement by the Department of State, October 26, 1955 8 1 1 On October 26, the Government of Viet-Nam sent the following communication to the American Embassy at Saïgon: "The Ministry of Foreign Affairs has the honor to inform the United States Embassy that by referendum October 23 the Vietnamese people have pronounced themselves in favor of the deposition of Bao Dai and have recognized President Diem as Chief of State. It is hoped that the Government of the United States will continue as in the past to entertain diplomatic relations with the new Government of the State of Viet-Nam." U.S. Ambassador G. Frederick Reinhardt, under instructions, bas replied as follows: "The Government of the United States looks forward to main- taining with the new Government of Viet-Nam the same cordial and friendly relations which have in the past so happily existed between the two governments." The United States affirms its intention to maintain friendly rela tions with the Government of Viet-Nam. We are glad to see the 1 Department of State Bulletin, July 11, 1955, p. 50. 2 Agreements of July 20, 1954; supra, pp. 750–788. 3 Department of State Bulletin, Nov. 7, 1955, p. 760. THE FAR EAST AND SOUTHEAST ASIA 2405 United States of Sept, 8, 1951, see supra, pp. 425-440 and 885–886. By an : f } 1 1 } } ) ) 1 statement of Feb. 25, 1950, by the Department of State. Foreign Policy, pp. 60-62. evolution of orderly and effective democratic processes in an area of Southeast Asia which has been and continues to be threatened by Communist efforts to impose totalitarian control. D. JAPAN Transition From Allied Occupation to Mutual Security Arrangements, 1950-1952 46. PARTICIPATION OF JAPAN IN TECHNICAL AGREEMENTS AND CONFERENCES: Interim Directive to the Supreme Com- mander for the Allied Powers, Japan, February 21, 1950 2 The following interim directive, serial 110, regarding Japanese participation in technical agreements and conferences, prepared by the Department of State, received from the Department of the Army, is transmitted for your guidance in accordance with paragraph III, 3, of the Terms of Reference of the Far Eastern Commission: "1. The Supreme Commander for the Allied Powers, subject to his discretion and continued control, should permit Japan to participate with other nations or groups of nations in such international agree- ments , conventions, and conferences of a technical character as Japan may be invited to enter into, accede to, or attend and as the Supreme Commander shall consider to be in the interest of the occupation. "2. Before leaving Japan, Japanese representatives appointed in accordance with the provisions of this policy decision, should be instructed to refrain from engaging in propaganda or subversive . "3. The Supreme Commander should direct the Japanese Govern- ment to fulfill any obligations which it assumes in accordance with the provisions of this policy. “4. The Supreme Commander should inform the Far Eastern Commission of any action taken in accordance with the provisions of or texts of the Japanese peace treaty and the security treaty with the that "if and when the forces of a Member or Members of the United Nations are engaged in anyces nited Nations action in the Far East after General of the Army Douglas MacArthur, Department of State Bulletin, Mar. 13, 1950, p. 414; printed as a part of a activities of any kind 1 T this policy." . under article XVIII (TIAS 2783; 4 UST 355); agreements of Apr. 6, 1954 (TIAS 2963; 5 UST 742) and Aug. 19, 1955 (TIAS 3494; 7 UST 193) regarding the 2406 AMERICAN FOREIGN POLICY, 1950-1955 the Treaty of Peace comes into force, Japan will permit and facilitate the support in or about Japan, by the Member or Members of the forces en gaged in such United Nations action, the expenses involved in the use of Japanese facilities and services to be borne as at present or as otherwise mutually agreed between Japan and the United Nations Member con- cerned (TIAS 2490; 3 UST, pt. 3, pp. 3326-3328). See also the agreement signed at Tokyo, Feb. 19, 1954, regularizing the status of United Nations forces in Japan (TIAS 2995; 5 UST, pt. 2, pp. 1123-1257).] 47. ADMINISTRATIVE AGREEMENT BETWEEN THE UNITED STATES AND JAPAN UNDER ARTICLE III OF THE SECURITY TREATY, FEBRUARY 28, 19521 PREAMBLE Whereas the United States of America and Japan on September 8, 1951, signed a Security Treaty ? which contains provisions for the disposition of United States land, air and sea forces in and about Japan; And whereas Article III of that Treaty states that the conditions which shall govern the disposition of the armed forces of the United States in and about Japan shall be determined by administrative agreements between the two Governments; And whereas the United States of America and Japan are desirous of concluding practical administrative arrangements which will give effect to their respective obligations under the Security Treaty and will strengthen the close bonds of mutual interest and regard between their two peoples; Therefore, the Governments of the United States of America and of Japan have entered into this Agreement in terms as set forth below: ARTICLE I In this Agreement the expression- (a) "members of the United States armed forces” means the personnel on active duty belonging to the land, sea or air armed services of the United States of America when in the territory of Japan. (b) “civilian component” means the civilian persons of United States nationality who are in the employ of, serving with, or de companying the United States armed forces in Japan, but excludes persons who are ordinarily resident in Japan or who are mentioned in paragraph 1 of Article XIV. For the purposes of this Agree- 1 TIAS 2492; 3 UST, pt. 3, p. 3341. Entered into force Apr. 28, 1952. Se also agreement of Sept. 29, 1953, amending article XVII (TIAS 2848; 4 UST pt. 2, p. 1846); agreement of Mar. 23, 1953, regarding the settlement of claims 1953, regarding criminal jurisdiction over U. N. forces' TIAS 2887; 4 UST, pt. 2 p. 2766). 2 Supra, pp. 885–886. THE FAR EAST AND SOUTHEAST ASIA 2407 e € $ 3 t S e territorial waters and airspace adjacent to, or in the vicinities of facilities and areas for their support, defense and control. In the thority granted in this Article, there should be, as the occasion re- ment only, dual nationals, United States and Japanese, who are brought to Japan by the United States shall be considered as United States nationals. (c) "dependents” means (1) Spouse, and children under 21; (2) Parents, and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilian component. ) ARTICLE II I 1. Japan agrees to grant to the United States the use of the facili- ties and areas necessary to carry out the purposes stated in Article I of the Security Treaty. Agreements as to specific facilities and areas, not already reached by the two Governments by the effective date of this Agreement, shall be concluded by the two Governments through the Joint Committee provided for in Article XXVI of this Agree- ment. "Facilities and areas” include existing furnishings, equipment and fixtures necessary to the operation of such facilities and areas. 2. At the request of either party, the United States and Japan shall 1 review such arrangements and may agree that such facilities and areas shall be returned to Japan or that additional facilities and areas may be provided. 3. The facilities and areas used by the United States armed forces shall be returned to Japan whenever they are no longer needed for purposes of this Agreement, and the United States agrees to keep the needs for facilities and areas under continual observation with a view toward such return. 4. (a) When facilities and areas such as target ranges and maneuver grounds are temporarily not being used by the United States armed forces, interim use may be made by Japanese authorities and nationals provided that it is agreed that such use would not be harmful to the purposes for which the facilities and areas are normally used by the United States armed forces. (b) With respect to such facilities and areas as target ranges and maneuver grounds which are to be used by United States armed forces for limited periods of time, the Joint Committee shall specify in the agreements covering such facilities and areas the extent to which the provisions of this Agreement shall apply. ARTICLE III 1. The United States shall have the rights, power and authority within the facilities and areas which are necessary or appropriate for their establishment, use, operation, defense or control. The United States shall also have such rights, power and authority over land, exercise outside the facilities and areas of the rights, power and au- S e 1 1 2408 AMERICAN FOREIGN POLICY, 1950–1955 3. When the vessels mentioned in paragraph 1 enter Japanese ports the proper Japanese authorities. Such vessels shall have freedom quires, consultation between the two Governments through the Joint Committee. 2. The United States agrees that the above-mentioned rights, power and authority will not be exercised in such a manner as to interfere unnecessarily with navigation, aviation, communication, or land travel to or from or within the territories of Japan. All questions relating to frequencies, power and like matters used by apparatus employed by the United States designed to emit electric radiation shall be settled by mutual arrangement. As a temporary measure the United States armed forces shall be entitled to use, without radiation interference from Japanese sources, electronic devices of such power, design, type of emission, and frequencies as are reserved for such forces at the time this Agreement becomes effective. 3. Operations in the facilities and areas in use by the United States armed forces shall be carried on with due regard for the public safety. ARTICLE IV 1. The United States is not obliged, when it returns facilities and areas to Japan on the expiration of this Agreement or at an earlier date, to restore the facilities and areas to the condition in which they were at the time they became available to the United States armed forces, or to compensate Japan in lieu of such restoration, 2. Japan is not obliged to make any compensation to the United States for any improvements made in the facilities and areas or for the buildings or structures left thereon on the expiration of this Agreement or the earlier return of the facilities and areas. 3. The foregoing provisions shall not apply to any construction which the United States may undertake under special arrangements with Japan. ARTICLE V 1. United States and foreign vessels and aircraft operated by, for, or under the control of the United States for official purposes shall be accorded access to any port or airport of Japan free from toll or landing charges. When cargo or passengers not accorded the exemp- tions of this Agreement are carried on such vessels and aircraft notification shall be given to the appropriate Japanese authorities , and such cargo or passengers shall be entered according to the laws and regulations of Japan. 2. The vessels and aircraft mentioned in paragraph 1, United States Government-owned vehicles including armor, and members of the United States armed forces, the civilian component, and their de pendents shall be accorded access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports of Japan. appropriate notification shall, under normal conditions, be made to paid for at appropriate rates. THE FAR EAST AND SOUTHEAST ASIA 2409 United States armed forces, the civilian component, and their de- at er DS US 38 LI PS er States armed forces, the civilian component, and their dependents. Japanese passport and visa laws and regulations. Members of the ARTICLE VI 1. All civil and military air traffic control and communications sys- tems sball be developed in close coordination and shall be integrated Te id to the extent necessary for fulfillment of collective security interests, Procedures, and any subsequent changes thereto, necessary to effect this coordination and integration will be established by mutual arrangement. 2. Lights and other aids to navigation of vessels and aircraft placed or established in the facilities and areas in use by United States armed forces and in territorial waters adjacent thereto or in the vicinity II be thereof shall conform to the system in use in Japan. The United States and Japanese authorities which have established such naviga- tion aids shall notify each other of their positions and characteristics and shall give advance notification before making any changes in them V. or establishing additional navigation aids. ARTICLE VII The United States armed forces shall have the right to use all public utilities and services belonging to, or controlled or regulated by the Government of Japan, and to enjoy priorities in such use, under con- ditions no less favorable than those that may be applicable from time od to time to the ministries and agencies of the Government of Japan. ARTICLE VIII The Japanese Government undertakes to furnish the United States armed forces with the following meteorological services under tes present procedures, subject to such modifications as may from time to time be agreed between the two Governments or as may result from Japan's becoming a member of the International Civil Aviation Or- ganization or the World Meteorological Organization: (2) Meteorological observations from land and ocean areas in- cluding observations from weather ships assigned to positions known as "Xand "T”. (b) Climatological information including periodic summaries and the historical data of the Central Meteorological Observatory, (C) Telecommunications service to disseminate meteorological information required for the safe and regular operation of air- (d) Seismographic data including forecasts of the estimated size of tidal waves resulting from earthquakes and areas that might ARTICLE IX 1. The United States shall have the right to bring into Japan for purposes of this Agreement persons who are members of the United 2. Members of the United States armed forces shall be exempt from Or 115 OD I, De OM Jo US craft. LO $ be affected thereby 5 e 2410 AMERICAN FOREIGN POLICY, 1950-1955 ! States armed forces, the civilian component, and their dependents 2. All materials, supplies and equipment imported by the United United States armed forces, or by the organizations provided for in / pendents shall be exempt from Japanese laws and regulations on the registration and control of aliens, but shall not be considered as acquir ing any right to permanent residence or domicile in the territories of Japan. 3. Upon entry into or departure from Japan members of the United States armed forces shall be in possession of the following documents : (a) personal identity card showing name, date of birth, rank and number, service, and photograph; and (b) individual or collective travel order certifying to the status of the individual or group as a member or members of the United States armed forces and to the travel ordered. For purposes of their identification while in Japan, members of the United States armed forces shall be in possession of the foregoing personal identity card. 4. Members of the civilian component, their dependents, and the dependents of members of the United States armed forces shall be in possession of appropriate documentation issued by the United States authorities so that their status may be verified by Japanese authorities upon their entry into or departure from Japan, or while in Japan. 5. If the status of any person brought into Japan under paragraph 1 of this Article is altered so that he would no longer be entitled to such admission, the United States authorities shall notify the Jap- anese authorities and shall, if such person be required by the Japanese authorities to leave Japan, assure that transportation from Japan will be provided within a reasonable time at no cost to the Japanese Government. ARTICLE X 1. Japan shall accept as valid, without a driving test or fee, the driving permit or license or military driving permit issued by the United States to a member of the United States armed forces , the civilian component, and their dependents. 2. Official vehicles of the United States armed forces and the civilian component shall carry distinctive numbered plates or individual marks ings which will readily identify them. 3. Privately owned vehicles of members of the United States armed forces, the civilian component, and their dependents shall carry Jap anese number plates to be acquired under the same conditions as those applicable to Japanese nationals. ARTICLE XI 1. Save as provided in this Agreement, members of the United customs authorities of Japan. 1 1 1 1 1 1 1 1 > THE FAR EAST AND SOUTHEAST ASIA 2411 US tions, goods imported into Japan free of duty shall not be disposed of be for the use of the members of the United States armed forces, the civilian component, and their dependents, and materials, supplies and iesequipment which are to be used exclusively by the United States armed forces or are ultimately to be incorporated into articles or facilities ed used by such forces, shall be permitted entry into Japan; such entry its shall be free from customs duties and other such charges. Appropri- ate certification shall be made that such materials, supplies and equip- ad ment are being imported by the United States armed forces, the au- thorized procurement agencies of the United States armed forces, or by the organizations provided for in Article XV, or, in the case of materials, supplies and equipment to be used exclusively by the United States armed forces or ultimately to be incorporated into he articles or facilities used by such forces, that delivery thereof is to be ng taken by the United States armed forces for the purposes specified above. he 3. Property consigned to and for the personal use of members of the United States armed forces, the civilian component, and their ies dependents, shall be subject to customs duties and other such charges, les except that no duties or charges shall be paid with respect to: ph (a) Furniture and household goods for their private use imported by the members of the United States armed forces or civilian com- to ponent when they first arrive to serve in Japan or by their de- 1 pendents when they first arrive for reunion with members of such use forces or civilian component, and personal effects for private use brought by the said persons upon entrance. (b) Vehicles and parts imported by members of the United States armed forces or civilian component for the private use of themselves or their dependents. (C) Reasonable quantities of clothing and household goods of a type which would ordinarily be purchased in the United States for everyday use for the private use of members of the United States armed forces, civilian component, and their dependents, which are mailed into Japan through United States military post offices. 4. The exemptions granted in paragraphs 2 and 3 shall apply only 90 cases of importation of goods and shall not be interpreted as re- funding customs duties and domestic excises collected by the customs authorities at the time of entry in cases of purchases of goods on which such duties and excises bave already been collected. 5. Customs examination shall not be made in the following cases: (a) Units and members of the United States armed forces under orders entering or leaving Japan; (b) Official documents under official seal; (C) Mail in United States military postal channels and military cargo shipped on a United States Government bill of lading. 6. Except as such disposal may be authorized by the Japanese and United States authorities in accordance with mutually agreed condi- BI ese he he he 2.0 ed St ed 18 ad 10 ED OI 2412 AMERICAN FOREIGN POLICY, 1950–1955 by the United States armed forces shall be exempt from commodity 7. Goods imported into Japan free from customs duties and other such charges pursuant to paragraphs 2 and 3, may be re-exported free from customs duties and other such charges. 8. The United States armed forces, in cooperation with Japanese authorities, shall take such steps as are necessary to prevent abuse of privileges granted to the United States armed forces, members of such forces, the civilian component, and their dependents in accord- ance with this Article. 9. (a) In order to prevent offenses against_laws and regulations administered by the customs authorities of the Japanese Government the Japanese authorities and the United States armed forces shell assist each other in the conduct of inquiries and the collection di evidence. (b) The United States armed forces shall render all assistance within their power to ensure that articles liable to seizure by, or on bebalf of, the customs authorities of the Japanese Government are handed to those authorities. (c) The United States armed forces shall render all assistance within their power to ensure the payment of duties, taxes, and penal ties payable by members of such forces or of the civilian component , or their dependents. (d) Vehicles and articles belonging to the United States armed forces seized by the customs authorities of the Japanese Government in connection with an offense against its customs or fiscal laws or regu- lations shall be handed over to the appropriate authorities of the force concerned. ARTICLE XII 1. The United States shall have the right to contract for any sup- plies or construction work to be furnished or undertaken in Japan for purposes of, or authorized by this Agreement, without restriction as to choice of supplier or person who does the construction work. 2. Materials, supplies, equipment and services which are required from local sources for the maintenance of the United States armed forces and the procurement of which may have an adverse effect of the economy of Japan shall be procured in coordination with, and , when desirable, through or with the assistance of, the competent authorities of Japan, 3. Materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or by authorized procurement agencies of the United States armed forces upon appro- priate certification shall be exempt from the following Japanese taxes: a) Commodity tax (b) Travelling tax (c) Gasoline tax d) Electricity and gas tax. Materials, supplies, equipment and services procured for ultimate uge and gasoline taxes upon appropriate certification by the United States . 1 $ 1 : THE FAR EAST AND SOUTHEAST ASIA 2413 res IDS re 100 ponent, and their dependents shall be exempt from taxation in Japan her armed forces. With respect to any present or future Japanese taxes not specifically referred to in this Article which might be found to constitute a significant and readily identifiable part of the gross pur- de chase price of materials, supplies, equipment and services procured IS | by the United States armed forces, or for ultimate use by such forces, of the two Governments will agree upon a procedure for granting such exemption or relief therefrom as is consistent with the purposes of this Article. 4. Local labor requirements of the United States armed forces or at civilian component shall be satisfied with the assistance of the Japa- all nese authorities, d 5. The obligations for the withholding and payment of income tax and of social security contributions, and, except as may otherwise be Ich mutually agreed, the conditions of employment and work, such as op those relating to wages and supplementary payments, the conditions for the protection of workers, and the rights of workers concerning labor relations sball be those laid down by the legislation of Japan. 6. Members of the civilian component shall not be subject to Japanese laws or regulations with respect to terms and conditions of the employment. 7. Neither members of the United States armed forces, civilian com- od ponent, nor their dependents, shall by reason of this Article enjoy any nt exemption from taxes or similar charges relating to personal purchases of goods and services in Japan chargeable under Japanese legislation. 8. Except as such disposal may be authorized by the Japanese and United States authorities in accordance with mutually agreed condi- tions, goods purchased in Japan exempt from the taxes referred to in paragraph 3, shall not be disposed of in Japan to persons not entitled -D- to purchase such goods exempt from such tax. ARTICLE XIII 1. The United States armed forces shall not be subject to taxes or similar charges on property held, used or transferred by such forces in Japan d 2. Members of the United States armed forces, the civilian compo- nent, and their dependents shall not be liable to pay any Japanese taxes to the Japanese Government or to any other taxing agency in Japan on income received as a result of their service with or employ- ment by the United States armed forces, or by the organizations provided for in Article XV. The provisions of this Article do not kempt such persons from payment of Japanese taxes on income derived from Japanese sources, nor do they exempt United States citizens who for United States'income tax purposes claim Japanese residence from payment of Japanese taxes on income. Periods during which such persons are in Japan solely by reason of being members of the United States armed forces, the civilian component, or their dependents shall not be considered as periods of residence or domicile in Japan for the purpose of Japanese taxation. 3. Members of the United States armed forces, the civilian com- U- C8 BD OD ed ed 1 ut ed Do S: 58 28 2414 AMERICAN FOREIGN POLICY, 1950–1955 on the holding, use, transfer inter se, or transfer by death of movable of property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided Ja that such exemption shall not apply to property held for the purpose fo: of investment or the conduct of business in Japan or to any intangible Ja property registered in Japan. There is no obligation under this Article to grant exemption from taxes payable in respect of the use ab of roads by private vehicles. no Or me m! ex po שן an- no U ARTICLE XIV Go de 1. Persons, including corporations organized under the laws of the St United States, and their employees who are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces shall, except as provided in this Article , Jai be subject to the laws and regulations of Japan. pla 2. Upon certification by appropriate United States authorities as res to their identity, such persons and their employees shall be accorded the following benefits of this Agreement: (a) Rights of accession and movement, as provided for in Article be V, paragraph 2; (b) Entry into Japan in accordance with the provisions of Article IX; (c) The exemption from customs duties, and other such charges 18 provided for in Article XI, paragraph 3, for members of the United Ja States armed forces, the civilian component, and their dependents (d) If authorized by the United States Government, the right to use the services of the organizations provided for in Article XV sh (e) Those provided for in Article XIX, paragraph 2, for mem- ter bers of the armed forces of the United States, the civilian compo- nent, and their dependents; (f) If authorized by the United States Government, the right to use military payment certificates, as provided for in Article XI (g) The use of postal facilities provided for in Article XXI; (h) Exemption from the laws and regulations of Japan with th respect to terms and conditions of employment. 3. Such persons and their employees shall be so described in their passports and their arrival, departure and their residence while in Ag Japan shall from time to time be notified by the United States armed forces to the Japanese authorities. 4. Upon certification by an authorized officer of the United States St armed forces depreciable assets except houses, held, used, or trans- ferred, by such persons and their employees exclusively for the execu tion of contracts referred to in paragraph 1 shall not be subject to taxes or similar charges of Japan. 5. Upon certification by an authorized officer of the United States bu armed forces, such persons and their employees shall be exempt from taxation in Japan on the holding, use, transfer by death, or transfer to persons or agencies entitled to tax exemption under this Agreement , ata be am PO lat su SO se or THE FAR EAST AND SOUTHEAST ASIA 2415 e e e . e e e IS d lations, license, fees, taxes or similar controls. but purchases within Japan of merchandise and supplies by such of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided that such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. There is no obligation under this Article to grant exemption from taxes pay- able in respect of the use of roads by private vehicles. 6. The persons and their employees referred to in paragraph 1 shall not be liable to pay income or corporation taxes to the Japanese Government or to any other taxing agency in Japan on any income derived under a contract made in the United States with the United States Government in connection with the construction, maintenance or operation of any of the facilities or areas covered by this Agree- ment. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources, nor do they exempt such persons and their em- ployees who, for United States income tax purposes, claim Japanese residence, from payment of Japanese taxes on income. Periods dur- ing which such persons are in Japan solely in connection with the execution of a contract with the United States Government shall not de be considered periods of residence or domicile in Japan for the pur- poses of such taxation. of 7. Japanese authorities shall have the primary right to exercise jurisdiction over the persons and their employees referred to in para- graph 1 of this Article in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities decide not to exercise such jurisdiction they shall notify the military authorities of the United States as soon as possible. Upon such notification the military authorities of the United States shall have the right to exercise such jurisdiction over the persons re- ferred to as is conferred on them by the law of the United States. ARTICLE XV 1. (a) Navy exchanges, post exchanges, messes, social clubs, the- aters , newspapers and other non-appropriated fund organizations au- thorized and regulated by the United States military authorities may be established in the facilities and areas in use by the United States armed forces for the use of members of such forces, the civilian com- ponent, and their dependents. Except as otherwise provided in this . Agreement, such organizations shall not be subject to Japanese regu- (b) When a newspaper authorized and regulated by the United States military authorities is sold to the general public, it shall be subject to Japanese regulations, license, fees, taxes or similar controls so far as such circulation is concerned. 2. No Japanese tax shall be imposed on sales of merchandise and services by such organizations, except as provided in paragraph 1 (b), organizations shall be subject to Japanese taxes. ES d l. D- ht ch ir OS 1. 0 ES 11 21 2416 AMERICAN FOREIGN POLICY, 1950–1955 person fleeing from the jurisdiction of the United States armed 1 Supra, pp. 1529–1544. The NATO Status of Forces Agreement entered into 3. Except as such disposal may be authorized by the United States and Japanese authorities in accordance with mutually agreed condi- tions, goods which are sold by such organizations shall not be disposed of in Japan to persons not authorized to make purchases from such organizations. 4. The obligations for the withholding and payment of income tar and of social security contributions, and, except as may otherwise be mutually agreed, the conditions of employment and work, such as those relating to wages and supplementary payments, the conditions for the protection of workers, and the rights of workers concerning labor relations shall be those laid down by the legislation of Japan . 5. The organizations referred to in this Article shall provide such information to the Japanese authorities as is required by Japanese tax legislation. ARTICLE XVI It is the duty of members of the United States armed forces, the civilian component, and their dependents to respect the law of Japan and to abstain from any activity inconsistent with the spirit of this Agreement, and, in particular, from any political activity in Japan. ARTICLE XVII 1. Upon the coming into force with respect to the United States of the "Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces”, signed at London on June 19 1951, the United States will immediately conclude with Japan, at the option of Japan, an agreement on criminal jurisdiction 2 similar to the corresponding provisions of that Agreement. 2. Pending the coming into force with respect to the United States of the North Atlantic Treaty Agreement referred to in paragraph 1. the United States service courts and authorities shall have the right to exercise within Japan exclusive jurisdiction over all offenses which may be committed in Japan by members of the United States armes forces, the civilian component, and their dependents, excluding their dependents who have only Japanese nationality. Such jurisdiction may in any case be waived by the United States. 3. While the jurisdiction provided in paragraph 2 is effective, the following provisions shall apply: (a) Japanese authorities may arrest members of the United States armed forces, the civilian component, or their dependents outside facilities and areas in use by United States armed forces for the commission or attempted commission of an offense, but i the event of such an arrest, the individual or individuals shall be immediately turned over to the United States armed forces. An force with respect to the United States, Aug. 23, 1953. 2 See agreement of Sept. 29, 1953 (TÍAS 2848; 4 UST, pt. 2, p. 1846). THE FAR EAST AND SOUTHEAST ASIA 2417 tes d- di- led ch be &S IDS ng ch he 81 his . of HTT 19 forces and found in any place outside the facilities and areas may on request be arrested by the Japanese authorities and turned over to the United States authorities. (b) The United States authorities shall have the exclusive right to arrest within facilities and areas in use by United States armed forces. Any person subject to the jurisdiction of Japan and found in any such facility or area will, on request, be turned over to the Japanese authorities. (c) The United States authorities may, under due process of law, arrest, in the vicinity of such a facility or area, any person in the commission or attempted commission of an offense against the security of that facility or area. Any such person not subject to the jurisdiction of the United States armed forces shall be im- mediately turned over to Japanese authorities. (d) Subject to the provisions of paragraph 3 (c), the activities outside the facilities and areas of military police of the United States armed forces shall be limited to the extent necessary for maintaining order and discipline of and arresting members of the United States armed forces, the civilian component, and their dependents. (e) The authorities of the United States and Japan shall co- operate in making available witnesses and evidence for criminal investigations and other criminal proceedings in their respective tribunals and shall assist each other in the making of investigations. In the event of a criminal contempt, perjury, or an obstruction of justice before a tribunal which does not have criminal jurisdiction over the individual committing the offense, he shall be tried by a tribunal which has jurisdiction over him as if he had committed the offense before it. (1) The United States armed forces shall have the exclusive right of removing from Japan members of the United States armed forces, the civilian component, and their dependents. The United States will give sympathetic consideration to a request by the Govern- ment of Japan for the removal of any such person for good cause. (8) Japanese authorities shall have no right of search or seizure, respect to any persons or property, within facilities and areas in use by the United States armed forces, or with respect to prop- erty of the United States armed forces wherever situated. At the request of the Japanese authorities, the United States authorities undertake, within the limits of their authority, to make such search and seizure and inform the Japanese authorities as to the results thereof. In the event of a judgment concerning such property, except property owned or utilized by the United States Government, the United States will turn over such property to the Japanese au- thorities for disposition in accordance with the judgment. Japanese authorities shal have no right of search or seizure outside facilities and areas in use by the United States armed forces with respect to persons or property of members of the United States armed forces, the civilian component, or their dependents, except as to such persons as may be arrested in accordance with paragraph 3 (a) of this article, and except as to cases where such search is required at 101 tes 1 ht ch ed 21 with OD he ed ts S PS be OT the to 41590057--Vol. 2 49 2418 AMERICAN FOREIGN POLICY, 1950–1955 OT Ja 1 1 1 1 រ 1 caused by a member of the armed forces or a civilian governmental currence for which the United States armed forces is legally responsible, for the purpose of arresting offenders under the jurisdiction of Japan. (h) A death sentence shall not be carried out in Japan by the United States armed forces if the legislation of Japan does not provide for such punishment in a similar case. 4. The United States undertakes that the United States service courts and authorities shall be willing and able to try and, on convic . tion, to punish all offenses against the laws of Japan which members of the United States armed forces, civilian component, and their de- pendents may be alleged on sufficient evidence to have committed in Japan, and to investigate and deal appropriately with any alleged offense committed by members of the United States armed forces, the civilian component, and their dependents, which may be brought to their notice by Japanese authorities or which they may find to have taken place. The United States further undertakes to notify the Japanese authorities of the disposition made by United States service courts of all cases arising under this paragraph. The United States shall give sympathetic consideration to a request from Japanese authorities for a waiver of its jurisdiction in cases arising under this paragraph where the Japanese Government considers such waiver to be of particular importance. Upon such waiver, Japan may exercise its own jurisdiction. 5. In the event the option referred to in paragraph 1 is not exercised by Japan, the jurisdiction provided for in paragraph 2 and the fol- lowing paragraphs shall continue in effect. In the event the said North Atlantic Treaty Agreement has not come into effect within for one year from the effective date of this Agreement, the United States ago will, at the request of the Japanese Government, reconsider the sub- ject of jurisdiction over offenses committed in Japan by members W of the United States armed forces, the civilian component, and their th dependents. ARTICLE XVIII 1. Each party waives all its claims against the other party for injury do or death suffered in Japan by a member of its armed forces, or a citt tol ian governmental employee, while such member or employee engaged in the performance of his official duties in cases where such injury or death was caused by a member of the armed forces, or a civilian employee of the other party acting in the performance of his official duties. 2. Each party waives all its claims against the other party damage to any property in Japan owned by it, if such damage was employee of the other party in the performance of his official duties of members of , or employees of the United States armed forces in the performance of official duty or out of any other act, omission or SUL ar Was for THE FAR EAST AND SOUTHEAST ASIA 2419 has been payment in full satisfaction of the claim. of ale ot le EINS C in yen. t0 ve he ces ed So Tuis to ISE claimant in full satisfaction of his claim, the United States au- a) Nothing in this paragraph shall affect the jurisdiction of the Japanese courts to entertain an action against a member or employee of the United States armed forces, unless and until there or property damage in Japan to third parties shall be dealt with by Japan in accordance with the following provisions: (a) Claims shall be filed within one year from the date on which they arise and shall be considered and settled or adjudicated in accordance with the laws and regulations of Japan with respect to claims arising from the activities of its own employees. (b) Japan may settle any such claims, and payment of the amount agreed upon or determined by adjudication shall be made by Japan ed (C) Such payment, whether made pursuant to a settlement or to adjudication of the case by a competent tribunal of Japan, or the final adjudication by such a tribunal denying payment, shall be binding and conclusive. (d) The cost incurred in satisfying claims pursuant to the pre- ceding subparagraphs shall be shared on terms to be agreed by the two Governments. (e) In accordance with procedures to be established, a statement of all claims approved or disapproved by Japan pursuant to this paragraph, together with the findings in each case, and a statement of the sums paid by Japan, shall be sent to the United States pe- riodically, with a request for reimbursement of the share to be paid ed by the United States. Such reimbursement shall be made within pl the shortest possible time in yen. id 4. Each party shall have the primary right, in the execution of the in foregoing paragraphs, to determine whether its personnel were en- gaged in the performance of official duty. Such determination shall B- be made as soon as possible after the arising of the claim concerned. When the other party disagrees with the results of such determination, er that party may bring the matter before the Joint Committee for con- sultation under the provisions of Article XXVI of this Agreement. 5. Claims against members of or employees of the United States armed forces arising out of tortious acts or omissions in Japan not done in the performance of official duty shall be dealt with in the ch (a) The Japanese authorities shall consider the claim and assess compensation to the claimant in a fair and just manner, taking into account all the circumstances of the case, including the conduct of the injured person, and shall prepare a report on the matter. (b) The report shall be delivered to the United States author- ities, who shall then decide without delay whether they will offer an ex gratia payment, and if so, of what amount. c) If an offer of ex gratia payment is made, and accepted by the thorities shall make the payment themselves and inform the Jap- anese authorities of their decision and of the sum paid. les bi ces IN following manner: AS : US 1 Or as al 28. IS he 10 2420 AMERICAN FOREIGN POLICY, 1950–1955 ( S t hibited from engaging in transactions involving military payment 6. (a) Members of and civilian employees of the United States armed forces, excluding those employees who have only Japanese nationality, shall not be subject to suit in Japan with respect to claims specified in paragraph 3, but shall be subject to the civil jurisdiction of Japanese courts with respect to all other types of cases. (b) In case any private movable property, excluding that in use by the United States armed forces, which is subject to compulsory execution under Japanese law, is within the facilities and areas in use by the United States armed forces, the United States authorities shall upon the request of Japanese courts, possess and turn over such prop- erty to the Japanese authorities. (c) The United States authorities shall cooperate with the Jap- anese authorities in making available witnesses and evidence for civil proceedings in Japanese tribunals. 7. Disputes arising out of contracts concerning the procurement of materials, supplies, equipment, services, and labor by or for the United States armed forces, which are not resolved by the parties to the contract concerned, may be submitted to the Joint Committee for conciliation, provided that the provisions of this paragraph shall not prejudice any right which the parties to the contract may have to file a civil suit. ARTICLE XIX 1. Members of the United States armed forces, the civilian com- ponent, and their dependents, shall be subject to the foreign exchange controls of the Japanese Government. 2. The preceding paragraph shall not be construed to preclude the transmission into or outside of Japan of United States dollars or dol- lar instruments representing the official funds of the United States or realized as a result of service or employment in connection with this Agreement by members of the United States armed forces and the civilian component, or realized by such persons and their depend- ents from sources outside of Japan. 3. The United States authorities shall take suitable measures to preclude the abuse of the privileges stipulated in the preceding para : graph or circumvention of the Japanese foreign exchange controls . ARTICLE XX 1. (a) United States military payment certificates denominated in dollars may be used by persons authorized by the United States for internal transactions within the facilities and areas in use by the United States armed forces. The United States Government wil take appropriate action to insure that authorized personnel are pro Japanese Government will take necessary action to prohibit una thorized persons from engaging in transactions involving military payment certificates and with the aid of United States authorities En undertake to apprehend and punish any person or persons under its 1 t Q t 0 1 0 0 e a 1 ] . THE FAR EAST AND SOUTHEAST ASIA 2421 se us ON se se 1 OT information of the United States, and for the punishment of offenders jurisdiction involved in the counterfeiting or uttering of counterfeit 8 military payment certificates. (b) It is agreed that the United States authorities will apprehend and punish members of the United States armed forces, the civilian component, or their dependents, who tender military payment certif- icates to unauthorized persons and that no obligation will be due to such unauthorized persons or to the Japanese Government or its agen- ry cies from the United States or any of its agencies as a result of any unauthorized use of military payment certificates within Japan. 1 2. In order to exercise control of military payment certificates the P United States shall have the right to designate certain American finan- cial institutions to maintain and operate, under United States super- D- vision, facilities for the use of persons authorized by the United Til States to use military payment certificates. Institutions authorized to maintain military banking facilities will establish and maintain such facilities physically separated from their Japanese commercial be banking business, with personnel whose sole duty is to maintain and to operate such facilities. Such facilities shall be permitted to maintain United States currency bank accounts and to perform all financial ot transactions in connection therewith including receipt and remission ile of funds to the extent provided by Article XIX, paragraph 2, of this Agreement. ARTICLE XXI The United States shall have the right to establish and operate, within the facilities and areas in use by the United States armed forces , United States military post offices for the use of members of Ehe the United States armed forces, the civilian component, and their - dependents, for the transmission of mail between United States mili- tary post offices in Japan and between such military post offices and other United States post offices. nd ARTICLE XXII The United States shall have the right to enroll and train all eligible United States citizens, residing in Japan, in the reserve organizations of the armed forces of the United States, except that the prior consent of the Japanese Government shall be obtained in the case of persons employed by the Japanese Government. in ARTICLE XXIII The United States and Japan will cooperate in taking such steps 1 is may from time to time be necessary to ensure the security of the United States armed forces, the members thereof, the civilian com- ponent , their dependents, and their property. The Japanese Govern- ment agrees to seek such' legislation and to take such other action as may be necessary to ensure the adequate security and protection within its territory of installations , equipment, property, records and official 11- ge es th HO 8- OI de ) at 18 1 ts under the applicable laws of Japan. 2422 AMERICAN FOREIGN POLICY, 1950-1955 PI SC 17 re IC at S fa 1 PI 0 11 2. The Joint Committee shall be composed of a representative of ARTICLE XXIV In the event of hostilities, or imminently threatened hostilities , in the Japan area, the Governments of the United States and Japan shall immediately consult together with a view to taking necessary joint measures for the defense of that area and to carrying out the purposes of Article I of the Security Treaty. ARTICLE XXV 1. It is agreed that the United States will bear for the duration of this Agreement without cost to Japan all expenditures incident to the maintenance of the United States armed forces in Japan except those to be borne by Japan as provided in paragraph 2. 2. It is agreed that Japan will: (a) Furnish for the duration of this Agreement without cost to the United States and make compensation where appropriate to the owners and suppliers thereof all facilities, areas and rights of way, including facilities and areas jointly used such as those e airfields and ports, as provided in Articles II and III. (b) Make available without cost to the United States, until the effective date of any new arrangement reached as a result of periodic reexamination, an amount of Japanese currency equivalent to $155 million per annum for the purpose of procurement by the United States of transportation and of the requisite services and supplies in Japan. The rate of exchange at which yen payments will be credited shall be the official par value, or that rate considered most favorable by the United States which on the day of payment is available to any party, authorized by the Japanese Government or used in any transaction with any party by the Japanese Government or its agencies or by Japanese banks authorized to deal in foreign exchange, and which, if both countries have agreed par values with the International Monetary Fund, is not prohibited by the Articles of Agreement of the Fund. 3. It is agreed that arrangements will be effected between the Gor- ernments of the United States and Japan for accounting applicable to financial transactions arising out of this Agreement. ARTICLE XXVI 1. A Joint Committee shall be established as the means for consu- tation between the United States and Japan on all matters requiring mutual consultation regarding the implementation of this Agreement In particular, the Joint Committee shall serve as the means for com sultation in determining the facilities and areas in Japan which are required for the use of the United States in carrying out the purposes stated in Article I of the Security Treaty. the United States and of Japan, each of whom shall have one or more deputies and a staff. The Joint Committee shall determine its own ST THE FAR EAST AND SOUTHEAST ASIA 2423 4 TIAS 2492; 3 UST, pt. 3, p. 3413. 11 18 Se 1 SS S at 10 IC 35 ed es 28 st is OT 26 9 Administrative Agreement signed today, in which Your Excellency procedures, and arrange for such auxiliary organs and administrative in services as may be required. The Joint Committee shall be so organ- ized that it may meet immediately at any time at the request of the 17 representative of either the United States or Japan. he 3. If the Joint Committee is unable to resolve any matter, it shall refer that matter to the respective Governments for further consider- ation through appropriate channels. ARTICLE XXVII of 1. This Agreement shall come into force on the date on which the Security Treaty between the United States and Japan enters into force. 2. Each party to this Agreement undertakes to seek from its legis- lature necessary budgetary and legislative action with respect to provisions of this Agreement which require such action for their execution. of ARTICLE XXVIII Either party may at any time request the revision of any Article of this Agreement, in which case the two Governments shall enter into negotiation through appropriate channels. ARTICLE XXIX This Agreement, and agreed revisions thereof, shall remain in force while the Security Treaty remains in force unless earlier terminated by agreement between the parties. in witness whereof the representatives of the two Governments, duly authorized for the purpose, have signed this Agreement. Done at Tokyo, in duplicate, in the English and Japanese lan- guages, both texts authentic, this twenty-eighth day of February, 1952. 48. INTERIM SECURITY ARRANGEMENTS UPON TERMINA- TION OF ALLIED OCCUPATION: Exchange of Notes Between the Special Representative of the President of the United States and the Japanese Foreign Minister, February 28, 1952 4 United States Note I have the honor to refer to our discussion on the terms of the f stated as the opinion of the Japanese Government that, as the occu- PS 7. 50 EXCELLENCY: e $ 1 8 Apr. 28, 1952. 2 Dean Rusk. 3 Katsuo Okazaki. I 2424 AMERICAN FOREIGN POLICY, 1950-1955 f r 1 Treaty of Sept. 8, 1951; supra, pp. 425–440. The Treaty of Peace entered pation of Japan by the Allied Powers comes to an end on the coming into force for the Treaty of Peace with Japan,' the use of facilities and areas by United States forces on the basis of occupation requisi- tion also comes to an end on the same date; thereafter, the use of facilities and areas by United States forces must be based upon agree- ment between the two Governments, subject to the rights which each might have under the Treaty of Peace with Japan, the Security Treaty, and the Administrative Agreement. I hereby confirm that such is also the opinion of the United States Government. In Article II, paragraph 1, of the Administrative Agreement it is stipulated that, "Agreements as to specific facilities and areas, not already reached by the two Governments by the effective date of this Agreement, shall be concluded by the two Governments through the Joint Committee provided for in Article XXVI of this Agreement." The United States Government is confident that our two Governments are agreed that consultation shall be on an urgent basis in order to complete such arrangements at the earliest possible date. With this in mind, the United States Government is prepared to join with the Japanese Government in constituting a Preliminary Working Group , consisting of a representative and the necessary staff from each Government, to begin such consultations immediately, with the under- standing that the arrangements made by the Preliminary Working Group shall be put into effect as agreed and that the task of the Preliminary Working Group would be taken over by the Joint Com- mittee upon the effective date of the Administrative Agreement. However, unavoidable delays may arise in the determination and preparation of facilities and areas necessary to carry out the purposes stated in Article I of the Security Treaty. It would be much appre- ciated, therefore, if Japan would grant the continued use of those particular facilities and areas, with respect to which agreements and arrangements have not been completed by the expiration of ninety days after the effective date of the Treaty of Peace with Japan, pending the completion of such agreements and arrangements. Accept, Excellency, the assurances of my highest consideration. His Excellency KATSUO OKAZAKI, Minister of State, Tokyo. into force Apr. 28, 1952. 2 Treaty of Sept. 8, 1951; supra, pp. 885–886. 3 Agreement of Feb. 28, 1952; supra. C t 0 8 } DEAN RUSK 1 THE FAR EAST AND SOUTHEAST ASIA 2425 254 Stat., pt. 2, p. 2643. Japanese Note So .. Translation 18 S i- f ho h THE GAIMUSHO FEBRUARY 28, 1952. EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's Note of today's date in which Your Excellency has informed me as follows: it (There follows the text of the note of the President's Special Representa- is it of th tive.] 11 En Es 10 IS le 1- g 18 The Japanese Government fully shares the desire of the United States Government to initiate consultations on an urgent basis in order to complete arrangements for the use of facilities and areas at the earliest possible date. The Japanese Government agrees, there- fore , to the immediate constitution of the Preliminary Working Group referred to in Your Excellency's Note, with the understanding that the arrangements made by the Preliminary Working Group shall be put into effect as agreed and that the task of the Preliminary Working Group would be taken over by the Joint Committee upon the effective date of the Administrative Agreement. With full appreciation of the contents of Your Excellency's Note, I have the honor, on behalf of the Japanese Government, to confirm that the Japanese Government will grant to the United States the continued use of those particular facilities and areas, with respect to which agreements and arrangements have not been completed by the expiration of ninety days after the effective date of the Treaty of Peace with Japan, pending the completion of such agreements Accept, Excellency, the assurances of my highest consideration. KATSUO OKAZAKI 1- d 28 3 se d and arrangements. J His Excellency DEAN RUSK, Office of the Special Representative of the President of the United States Tokyo. d 49. TERMINATION OF THE STATE OF WAR WITH JAPAN: Presidental Proclamation No. 2974, April 28, 1952 1 Whereas by Proclamation No. 2352 of September 8, 1939, the President proclaimed the existence of a national emergency in con- nection with and to the extent necessary for the proper observance. 166 Stat. C31. 2426 AMERICAN FOREIGN POLICY, 1950–1955 1 safeguarding, and enforcing of the neutrality of the United States of America and the strengthening of our national defense within the limits of peace-time authorizations; and WHEREAS by Proclamation No. 2487 of May 27, 1941, the President proclaimed the existence of an unlimited national emergency, requir- ing that the military, naval, air, and civilian defenses of this country be put on the basis of readiness to repel any and all acts or threats of aggression directed toward any part of the Western Hemisphere; and WHEREAS acts of aggression against the United States of America by Axis Powers subsequently led to declarations by the Congress of the existence of states of war between the United States of America and Japan, Germany,3 Italy, 4 Hungary,5 Rumania 6 and Bulgaria;" and WHEREAS the state of war between the United States of America and Japan, which was the last of the aforesaid states of war stil existing, was terminated by the coming into force this day of the Treaty of Peace with Japan signed at San Francisco on September 8, 1951:8 Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim that the national emergencies declared to exist by the proclamations of September 8, 1939, and May 27, 1941, terminated this day upon the entry into force of the Treaty of Peace with Japan. Nothing in this proclamation shall be construed to affect Proclame- tion No. 2914, issued by the President on December 16, 1950, declaring that world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world , and proclaiming the existence of a national emergency requiring that the military, naval, air, and civilian defenses of this country be strength, ened as speedily as possible to the end that we may be able to repal any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace; and nothing herein shall be construed to affect the continuation of the said emergency September 8, 1939, as specified in the Emergency Powers Interim Continuation Act, approved April 14, 1952 Public Law 313—82 Congress),10 for the purpose of continuing the use of property held under the 'Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended. U of 026. 1 55 Stat., pt. 2, p. 1647. 2 Joint resolution of Dec. 8, 1941; A Decade of American Foreign Policy, P. 3 Joint resolution or Dec. 11, 1941; ibid., p. 502. 4 Ibid., p. 455. 5 Joint resolution of June 5, 1942; ibid., p. 482. 6 Ibid. a Ibid. Supra, pp. 425–440. 9 15 Fed. Reg. 9029. 10 66 Stat. 54. 8 THE FAR EAST AND SOUTHEAST ASIA 2427 她 ​· Department of State Bulletin, Jan. 26, 1953, pp. 134-135. 2 Note of Jan. 13, 1953; ibid., p. 134. * Department of State Bulletin, Aug. 17, 1953, p. 208. 3 of IN WITNESS WHEREOF, I have hereunto set my hand and caused the the Seal of the United States of America to be affixed. Done at the City of Washington this twenty-eighth day of April ent in the year of our Lord nineteen hundred and uur- (SEAL] fifty-two, and of the Independence of the United try States of America the one hundred and seventy- sof sixth. end ica i of ica , | The Defense Capacity and Economic Viability of Sovereign Japan, 1953-1955 ic: till the 50. REPELLING VIOLATIONS OF JAPANESE TERRITORIAL 18, AIR BY FOREIGN MILITARY AIRCRAFT: Note From the Amer- ican Embassy at Tokyo to the Japanese Foreign Ministry, Eed January 16, 1953 1 ed 27. of The Embassy of the United States of America presents its com- pliments to the Ministry of Foreign Affairs and has the honor to acknowledge receipt of the Ministry's Note 2 concerning violations -0,9 of Japan's territorial air over Hokkaido by foreign military planes. 02] The United States Government has noted that the Japanese Gov- nd ernment considers such trespasses to constitute a grave menace to che the security of Japan. It has further noted the request of the Japanese ch- Government that the United States authorities take effective and bel appropriate measures to repel similar violations of Japan's territorial air should they occur in the future. In accordance with the request of the Japanese Government the United States Government has instructed the Commander-in-Chief, of Far East Command, with all practicable assistance from the Japanese Government, to take all possible measures necessary and proper under terms of the Security Treaty between the United States and Japan dated September 8, 1951, to repel all such violations of Japan's ter- 51. AMERICAN RIGHTS IN THE RYUKYU ISLANDS: Note From the Secretary of State to the Japanese Prime Minister, 3 August 8, The Government of the United States desires to relinquish its rights under article 3 of the peace treaty s over the Amami Oshima group in favor of the resumption by Japan of authority over these 18- !1 IS 11 eld 1 ritorial air. d. 5. 19534 8 Shigeru Yoshida. * Supra, pp. 425–440. 2428 AMERICAN FOREIGN POLICY, 1950–1955 fu re SU 12 islands as soon as necessary arrangements can be concluded with the Government of Japan. With respect to the other islands included under article 3 of the Japanese peace treaty, it will be necessary during the present inter- national tensions in the Far East for the United States to maintain the degree of control and authority now exercised. The United States will thus be able to carry out more effectively its responsibilities under the security treaty between the United States and Japan to contribute to the maintenance of peace and security in the area. Meanwhile, the United States will make increased efforts to promote the welfare of the inhabitants of these islands. & W ยิ่ง 9 th p. th t2 52. THE MILITARY SECURITY AND ECONOMIC RECOVERY OF JAPAN: Joint Statement by the Assistant Secretary of State for Far Eastern Affairs and the Personal Representative of the Japanese Prime Minister, October 30, 1953 3 fo CO SE mn JE B S C 0 e fa Mr. Hayato Ikeda, the personal representative of the Prime Minister of Japan, and his party had a series of conferences with Mr. Walter S. Robertson, Assistant Secretary of State for Far Eastern Affairs, and other officials of the United States Government during the past four weeks. The talks covered various interrelated problems of mutual interest such as Japan's defense buildup, United States assistance, settlement for United States postwar economic aid (GARIOA), foreign investment , and trade with Communist China. The informal exchange of views on these subjects was most profitable and lays the ground work for further cooperation between the two countries. The discussions were exploratory and no agreements were entered into. Certain genera understandings are set forth below. The conferees agreed on the necessity of increasing Japan's self- defense forces in order to protect her from possible aggression, and to reduce the United States burden related to the defense of Japan. It was, however, noted that under present circumstances there are constitutional, economic, budgetary and other limitations which wil not allow the immediate building of Japan's self-defense forces to 8 point sufficient for Japan's defense. With due regard to these limita- tions, continued effort on the part of Japan will be made to expedite the build-up. Subject to necessary Congressional authorization , the United States conferees offered to assist Japan in developing the Japanese forces by supplying major items of military equipment for the land, sea and air forces which Japan raises. Questions relating to Japanese defense forces and United States military assistance will be discussed further in Tokyo in the near 0 $1 S CI II en ti b 1 Walter S. Robertson. 2 Hayato Ikeda. 3 Department of State Bulletin, Nov. 9, 1953, pp. 637–638. THE FAR EAST AND SOUTHEAST ASIA 2429 3 Department of State Bulletin, June 22, 1953, p. 878. 3 Ibid., May 11, 1953, pp. 681-682. he r 10 es 8. je er future by representatives of the two governments with a view to reaching a definite understanding. be The conferees agreed that a reduction in Japan's contribution to the support of United States forces should be considered from time to time in the light of the development of Japan's own forces. It was also # agreed that the withdrawal of the United States forces from Japan would be effected as the Japanese forces develop the capability to to defend their country. The conferees considered that $50 million is a reasonable target te amount for commodities to be supplied to Japan under Section 550 of the Mutual Security Act. It is contemplated that the local currency proceeds of the sale of such agricultural products will be used to help develop the defense production and the industrial potential of Japan through offshore procurement and investment. Necessary arrange- Y ments will be executed to cover the requirements of Section 550 and te the related defense support activities, The conferees recognized that pending a political settlement in Korea it is important to maintain a high level of controls over trade with Communist China. However, the implications of these controls for Japanese trade are such that the United States and Japan will S. continue current consultations on the items to be controlled. d The United States conferees attached great importance to an early settlement for GARIOA aid. It was agreed to hold a meeting in Tokyo in the near future between representatives of the United States and st Japan with a view to reaching an agreement on the settlement. at As to foreign investment in Japan, the investment guaranty program -14 under the Mutual Security Act and the Contact Clearing House Service, as well as the services of the United States Department of or Commerce, were suggested as helpful measures to be taken on the side of the United States, while willingness on the part of Japan to liberalize al Japanese laws and regulations pertaining to foreign investments was expressed by the Japanese conferees in order to create a better climate for foreign investment. The Japanese conferees expressed their belief that vigorous efforts Et on the part of Japan to resist inflation are most important in order to strengthen Japan's economic position and to promote further economic 1 cooperation between the United States and Japan. It was gratifying for all the conferees to learn that while they were in conference the $40 million loans for Japanese thermal electric proj- ects were signed by the International Bank and Japanese representa- tives, and that the $60 million cotton credit to Japan was announced by the Export-Import Bank of Washington.3 SE2 IT TS re 20 "O Å e A 1 Infra, pp. 3085–3086. S I J th A 1 el 0. P. 11 C s! 8 0 A ho t 3 For the text of article III of the Japanese peace treaty, see supra, pp. 426-427. 2430 AMERICAN FOREIGN POLICY, 1950–1955 53. RESTORATION OF JAPANESE SOVEREIGNTY OVER THE AMAMI OSHIMA ISLANDS (RYUKYU GROUP): Statement by the Secretary of State, December 24, 1953 1. By arrangements concluded today in Tokyo, the Government of the United States has relinquished in favor of Japan its rights under article III of the Japanese peace treaty over the Amami Oshima group of the Ryukyu Islands. 2. Questions have been raised regarding the intentions of the United States with respect to the remaining islands specified in article III of the peace treaty.3 3. The United States Government believes that it is essential to the success of the cooperative effort of the free nations of Asia and of the world in the direction of peace and security, that the United States continue to exercise its present powers and rights in the remaining Ryukyu Islands and in the other islands specified in article III of the peace treaty so long as conditions of threat and tension exist in the Far East. 4. The United States earnestly hopes that progress can be made in reducing tensions, and we will spare no effort toward that end. But , until conditions of genuine stability and confidence are created , the need of the free nations to preserve an armed vigilance will remain imperative. It would be an abdication of responsibility to the com- mon effort of these free nations, including Japan, for the United States to adopt any other course than here set out, since the remaining Ryukyuan and other islands specified in article III of the peace treaty constitute an essential link in the strategic defense of the whole Pacific area. Accordingly, the United States intends to remain as custodian of these islands for the foreseeable future. However, in exercising its treaty rights, the United States will not only do all in its power to improve the welfare and well-being of the inhabitants of the Ryukyus, but it will continue to safeguard economic and cultura intercourse throughout the Archipelago. 54. THE NEED FOR A STRONG JAPAN: Address by the As- sistant Secretary of State for Far Eastern Affairs, 4 February 6, 1954 (Excerpt) We gave strong encouragement during the Occupation to Japan's recovery from the war, advancing about $2 billion to that end. He moved to break up 'those overconcentrations, or monopolies, power-economic, political, and military--that had deprived the 1 Department of State, Bulletin, Jan, 4, 1954, p. 17. 2 TIAS 2895; 4 UST, pt. 2, p. 2912. 4 Walter S. Robertson. 5 Made before the Cleveland Council on World Affairs, Cleveland, Ohio Department of State Bulletin, Feb. 15, 1954, pp. 229–233. e 8 TE ho J 0 li r F 5 0 ri of ti C THE FAR EAST AND SOUTHEAST ASIA 2431 nt le le es le le II le es E Japanese people of their rights and opportunities in the years before by the war and had led Japan to disaster. It is a conviction of the American people that a stable and progressive society is one in which economic and political power is widely dispersed. This is, of course, one of our outstanding points of difference with the Marxists, whose er practice—whatever their theory--is to concentrate ever more power Lp ever fewer hands for the benefit of an ever smaller number of people. d If I may further condense the statement of our objective in the of Occupation, I should say that it was to promote the creation of a strong Japan, in the true and best sense of the word. Unfortunately, a cardinal element of strength was left out of our concept. We and our allies, including those who had been occupied by the Japanese Army, did that which had come to be normal after total war: We go totally disarmed the enemy. In addition, Japan with our encourage- ment renounced military forces in its Constitution. It was not hat we wished to leave Japan helpless in the face of deadly danger. On the contrary. We failed to recognize that there was such a dan- ger or to realize what kind of world we were living in and were to ti live in. We put our faith in the partnership of the United Nations, which had been forged in a war against aggression. We did not dis- in criminate against Japanese safety; we impartially rushed to disarm ourselves as well. The Japanese are now entirely in command of their country. Our ng relations with them are those of collaboration between friends and equals. The American troops in Japan are there for the same reason le and on the same basis as those in Western Europe---in recognition that the problem of defense against aggression today transcends nationality and does not permit any of us the luxury of living unto himself. As far as we are concerned, nothing in our relations with of Japan today reflects the relationship of winner or loser, occupier or occupied. I trust that the great majority of Japanese feel this state- Today, our hopes for Japan are the same as those of the Occupation. Te should like to see a strong Japan, and a Japan whose strength includes adequate defense forces. This is, of course, our policy with A respect to all free peoples. I think we have proved that we should like to see all the free peoples grow in strength. But our hopes for Japan have a special meaning and urgency. For in all the expanse of Asia, from the Urals and the Persian Gulf on the west to the Pacific on the east, Japan is alone in being an exporter of the industrial revolution, of its science, its technology, its skills, its machines, its manufactured goods. The other Asian countries are, without excep- of tion, net importers of those things. Whenever we speak in this vein we can count on hearing the cry, "the United States wants to use Japan in its fight with the Com- munists." I think we should hit this facile slander on two sides. we should take every opportunity to make clear that the conflict T'he Constitution of Japan, Efective May 3, 1947 (Department of State s ment is true. € 1 First, publication 2836; 1947). 2432 AMERICAN FOREIGN POLICY, 1950–1955 Prime Minister and Foreign Minister of the Chinese "People's Republic." C La 3 ni 8 m C P mi Some Japanese, as well as some others in the Far East, are opposed of 1941 when we disarmed Japan, so those fearful of Japanese mili- tarism today are, I believe, thinking in terms of May 1932 and with communism is not primarily an American affair. It is not, as the neutrals dearly love to picture it, a conflict between two giant powers. The Communist danger concerns most immediately those countries on the borders of the Communist empire that are most exposed to its rapacity. The United States has drawn upon itself the ire of the Communists because those countries have looked to us to support them and have not looked in vain. While the Soviet Union has, of course, the power to attack the United States directly, it is where we have been assisting those directly threatened-Greece Turkey, the countries of Western Europe, Berlin and the German Federal Republic, Southeast Asia and, of course, Korea above all-b that we have come into conflict with the U.S.S.R. The Soviet Rus- sians are quite aware of this, much as they would like to have the world believe that it is only capitalist America that stands in the way of universal peace and brotherhood. We could put an end overnight to the anti-American propaganda pouring out of Moscow and Peiping , We could present the world with a spectacle of the most fraternal association between Americans and Soviet Russians and Chinese Communists. We could eliminate with a single gesture all those bothersome tensions we hear so much about. All we should have to j do is wash our hands of the countries on the borders of the Communist empire and leave them to the mercies of what Chou En-lai' calls "The camp of peace and democracy headed by the Soviet Union." But that would be, of course, the last way in which to serve our Own interests. It would lead to the progressive overpowering of the rest of the free world and ultimately to our own destruction. The second point to be emphasized is that our reason for wishing to see the Japanese build adequate defense forces is emphatically not because we wish to see the Japanese fighting the Communists . The primary purpose of an army is not to fight. It is quite the opposite . i The primary purpose of an army is to secure the national objectives without fighting. To the Soviet Union, the Red Army is primarily a I weapon of intimidation to be used in causing other countries to care f in without the firing of a shot. To us in the free world, our own armed forces are the means of preventing that from happening and of maintaining our safety in peace. We know only too well that military establishments are expensive. We look forward to the day when the Soviet Union will agree to a fair system of disarmament. And we believe that the sooner all sectors of the free world are strong, the sooner that day will come. OPPONENTS TO JAPANESE REARMAMENT f f 60 Japanese rearmament because they fear it would mean a recra descence of the military caste in Japan. I believe they are too muco influenced by the past. Just as we were thinking too much in terms 1 0 I T C I 1 t 0 C f 0 V adequately meland - C E THE FAR EAST AND SOUTHEAST ASIA 2433 388 ost 18 US- ese Ost healthy society would be mere harmless cranks and misfits have been ibid., 1936, vol. IV, pp. 706–782. 2 Supra, pp. 895-886. February 1936, when vicious attacks were launched on the Japanese int civil government by groups of army officers. It seems to us that the conditions of 1954 are distinctly different. The Japanese people are now possessed of the means required to prevent the accumulation of che power in the hands of a military caste. They have free elections; to they have a representative Diet; they have a free press; they have a Constitution in which human rights are firmly embedded; and above all, they have the experience of the past ever before them. CE, To assume that, because Japan embarked on imperialist adventures in the past, she is likely to do so again is to take a hopeless view of human affairs. However much we may lament it, the fact is that many of the most respected members of the family of nations have the Fielded to imperialist urges in the past. Militarism, expansionism, ay aggressiveness are—we must conclude_not endemic with certain ght nationalities but epidemic under certain economic, social, and political ng conditions. We should be watchful not of particular reces but of nal particular circumstances that cause nations to act in certain ways. Japan has, of course, made a beginning in the development of the means to protect herself. In the future increase in the size of the to Japanese Defense Forces, which the Japanese Government hºs recog. ist nized is necessary, we have agreed to help by providing major items be of land, sea, and air equipment. We may hope the time is not too But remote when Japan in the words of the Security Treaty of 1951 will be ready 'to assume responsibility for its own defense" and we est can bring our troops home. I have talked as if our expectations of Japan lie altogether in the realm of resistance to Communist military aggression. That is not net my meaning. The role that awaits Japan is in our view far broader The than that. ”For I think we must recognize that Communist imperial- te. ism is only a current symptom, and only one symptom, of ancient and T'es deep-seated evils. The real enemy is the condition that produces 78 communism. The real problem is the problem of human desperation. It is a pitiable aspect of human beings that the more desperate and frightened they are, the readier they are to grasp at panaceas and of promises of the millennium, the more susceptible they are to counsels TF of violence and extremism,'the quicker they are to follow the fanatic. be The world in our lifetime has presented vast opportunities for imposing upon the credulities of suffering, bewildered humanity. There has been the damage done to men's nerves by the ferocity of our wars, the devastation left by those wars, the upsetting impact of half-understood scientific discoveries upon religious faiths, the bewilderment and con- fusion of youths and intellectuals looking for something to believe, the frustrations of submerged nationalities seeking a place in the sun, and the vast discontent of the millions who have learned that poverty ch and disease are no longer the inevitable lot of all but a small privileged class . There the fanatics have found their chance. Those who in a 2 WI ng ero we ed 1- ms It ad See Poreign Relations of the United States, 1932, vol. IV, pp. 672–728, and 415900-57-Vol. 2-50 2434 AMERICAN FOREIGN POLICY, 1950–1955 19 mi Cr m SE es able to exploit the vast physical, spiritual, and intellectual unhappiness ha of our era to build brutal, terroristic totalitarianisms characteristically ir combining immense military forces and dreams of world domination se with fantastic dogmas of self-justification. It is in the disillusionment and despair of so many human beings that the fundamental danger lies, that the real challenge exists for we those with the means of alleviating to some degree the conditions that com make for such disillusionment and despair. It is in this endeavor we go believe that Japan can in time find its most important mission. The th Japanese, with their productive capacities and their technical and F scientific skills, have the potential of contributing importantly, as we have tried to contribute, to relieving the largely voiceless despair of the hundreds of millions of Asia and of helping them to build a toler på able and rewarding future. To make headway in this task will strain the resources of the free peoples. Japanese resources of mind and skildr cannot be dispensed with. In speaking of Japan's role as a great industrial nation-or our role for that matter—I do not mean to suggest that for all ills there are materialistic solutions. What I do contend is that when we bring B peace to those who have lived amid the terrors of war and riot, when we bring medicines to those who are sick and food to those who are hungry, there is never any question in our hearts that we are engaged no in a great work with a meaning and consequences transcending the material. f JAPAN'S ECONOMIC SITUATION What Japan can contribute in the future must obviously depend on her state of health. The facts about Japan's economic situation stand out in bold relief and are doubtless already well known to you. The recovery of Japanese production has been one of the outstanding phenomena of the postwar years. It is now 50 percent more than i was in 1940. On the other hand, there is the alarming situation of Japanese trade. Japan must import 20 percent of its food. Last year there was a failure of the rice crop in Japan. Very little more 1 rice was produced in 1953 than in 1934, when there was also a crop failure. But when in 1934 the population of Japan was 60 million now it is 87 million. Last year the greater part of what Japan earmen by selling her products abroad went to buy food from abroad. With the continuing increase in Japan's population, the abnormal conditions of 1953 may become normal. It is, of course, not in food alone that Japan is unable to supply her own needs. Japan is lacking in most of the natural resources required by an industrial nation, particularly coal and iron. These must be also bought from abroad. Japan must sell abroad in increasing amounts, but Japan's exports have been shrinking. Last year Japanis exports and its earnings from its shipping amounted to about $1 billion while its imports stood at over $2 billion. Almost nine-tentas of the difference was made up by U.S. expenditures in Japan incident to the Korean war and the stationing of American troops in Japan. Such expenditures by the United States will not go on indefinitely SU 02 1) SO W at 07 P Q THE FAR EAST AND SOUTHEAST ASIA 2435 100 WO are barriers to international trade will also in itself tend to increase the productivity and hence the purchasing power of the trading nations will lead to further international trade. les however. The plain fact is that Japan is living beyond her earnings ally from normal sources by about a billion dollars a year. Japan must sell much more abroad. If she is unable to do so we shall be back in 1930—with differences that are apparent to us all. ngs Trade with Communist China is not the answer. If all restrictions for were removed, we believe such trade would only slightly affect Japan's bat commercial deficit; and to the extent that Japan supplied strategic We goods to augment Communist China's war potential —which is what The the Chinese Communists want-Japan would be sowing the whirlwind. und For above anything else, the Chinese Communists would like to under- mine or overpower Japan. of It is also not enough to say that Japan can find a natural trading ler partner in Southeast Asia. Certainly Southeast Asia needs Japanese ain manufactured goods. It is buying them at the rate of several hun- kill dred million dollars a year. This amount could, of course, be in- creased by devices to tie Southeast Asia's economy to Japan. But ole these are out of the question. Japan's products must compete for are markets on their merits. And other countries-notably Great ing Britain, France, the Netherlands, and the United States--are also en seeking to expand their trade with Southeast Asia. What then is the answer? Here is what the Japanese tell us. After ged noting that there are difficult and stubborn internal problems they the themselves must solve, they say “The Japanese nation . . . can exert very little control over the elements which are shackling her foreign trade. These problems-undeveloped or unavailable nearby supply sources, unstable export markets, inconvertibility of foreign end currencies, tariff and export-import quota limitations--are primarily in the field of international relations and their solution is dependent upon the development of goodwill and cooperation between the sovereign nations of the free world . . ing The United States is the greatest economic power in the world today. Actions taken by the of U.S. Government, which appear to the average American situated in his powerful economy to be minor and unimportant, may have a tremendous effect upon the economies of other, less stable countries. OP Therefore, the foreign economic policy of the United States is of worldwide significance.” NEED FOR INCREASED PURCHASING POWER th I think we must admit the force of what the Japanese say. I might add one thing. I would say that what is most required, if the econ- enemies of Japan and other nations dependent on a large volume of ed foreign trade are to be viable, is a continuing rise in the purchasing be power of the free world—and particularly, so far as Japan is con- cerned, in Southeast Asia. This can be accomplished by increasing i capital investment and continued technological progress. Removing 11 most efficiently. At the same time, this increased purchasing power } 100 2u. ast ore ON ed DS hs I. 2436 AMERICAN FOREIGN POLICY, 1950-1955 SUB WI * IS m W minority could take in their stride and that the consuming public The report of the Randall Commission on United States Foreign Economic Policy released last week makes important recommendations th on the subjects we are discussing. Among these are that our tech- nical cooperation program be pressed forward vigorously, that our u Government contribute all it can to the creation abroad of a climate conducive to private foreign investment, and that our Government in extend loans to countries where substantial economic aid is necessary in our interests and cannot be provided by private or international sources. I might add that it is by applying such policies as these to th Southeast Asia that we could do most to bring about an increasingly fruitful economic relationship between Southeast Asia and Japan . But the recommendations of the Randall Commission with the closest bearing on our policy toward Japan are that our customs procedure should be simplified and that the President should be authorized to reduce our tariffs by 5 percent per year for 3 years and to effect larger reductions in the case of goods on which the tariff is manifestly dis proportionately high. We have lowered our tariffs but we must lower them further, not out of charity for foreign producers but in appreciation of our self-interest. The economic gains of trade be- tween two countries accrue to both. Every dollar Japan makes selling m to us she will spend buying from us. PO Moreover—and this might be even more significant—the enactment of trade agreement legislation enabling the United States to take the P! lead in reducing world trade barriers generally would be of tremendous assistance to Japan. The Japanese Government has taken the view that its accession to the General Agreement on Tariffs and Trade ? inelegantly known as Gattby which the participating nations guar ca antee one another most-favored-nation treatment, would be the most u beneficial single step Japan could take toward obtaining guarantes of nondiscriminatory treatment for its exports. We agree . Also of $ great significance in Japan's foreign trade prospects would be the op portunity for Japan to enter into trade agreement negotiations with the individual contracting parties to Gatt for the purpose of reducing a tariffs on a reciprocal basis. It is essential that the United States continue to lead other countries in such multilateral efforts. fo Quite apart, however, from the matter of profit in international trade, we must consider the paramount interest we have in the eco nomic health of the free nations. The economic collapse of Japan , p with all the consequences that must follow from it, could mean some thing like disaster for the free world. There is no excuse for us no 1954 will be more crucial than those we make with respect to our treat- ment of imports. The issue at stake is the same issue that was a stake on the battlefields of Korea: the defense and strengthening i the free world. We shall see it demonstrated whether it is easier il ! our society to send 30,000 of our youths to their death or to expose ou domestic producers to an increased competition that all but a smal IN SI 9.9 8 8 0 S C 1 Report of Jan. 23, 1954; H. Doc. 290, 83d Cong., 2d sess. 2 See statement of July 22, 1955, by the Department of State; infra, doc. 58 THE FAR EAST AND SOUTHEAST ASIA 2437 also infra, pp. 3039-3042. SAIT Jan. sest Taking into consideration the support that the Government of the [ the Mutual Defense Assistance Act of 1949, as amended, and the * TIAS 2957; 5 UST 661. Entered into force May 1, 1954. sign would benefit from. This is putting the question in harsh terms, but ions the realities we face are themselves of an unrelenting harshness. och- I have set forth in general terms what our policy is toward Japan our up to the present and I have suggested what many well-informed Date persons believe is required in the future. Both the Japanese and we lent in the United States are facing crucial decisions. What we must hope is that these decisions will be made in the two countries on the basis mal of the actual alternatives that offer and with full regard for the realities e to that mean so much to us both. Lght ires 55. MUTUAL DEFENSE ASSISTANCE AGREEMENT, I to MARCH 8, 1954 1 ger dis- The Government of the United States of America and the Govern- lust ment of Japan, te in Desiring to foster international peace and security, within the frame- be work of the Charter of the United Nations, through voluntary arrange- ling ments which will further the ability of nations dedicated to the pur- poses and principles of the Charter to develop effective measures for eat Individual and collective self-defense in support of those purposes and Reaffirming their belief as stated in the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951 2 that Japan as a sovereign nation possesses the inherent right of individual or Dar collective self-defense referred to in Article 51 of the Charter of the Recalling the preamble of the Security Treaty between the United of States of America and Japan, signed at the city of San Francisco on September 8, 1951,3 to the effect that the United States of America, in the interest of peace and security, would maintain certain of its og armed forces in and about Japan as a provisional arrangement in the tes expectation that Japan will itself increasingly assume responsibility zna for its own defense against direct and indirect aggression, always avoiding any armament which could be an offensive threat or serve other than to promote peace and security in accordance with the pur- poses and principles of the Charter of the United Nations; Recognizing that, in the planning of a defense assistance program in for Japan, economic stability will be an essential element for con- sideration in the development of its defense capacities, and that Japan at can contribute only to the extent permitted by its general economic al 186 the principles; OUS ler 2 Lost United Nations; ceas 21 ne le condition and capacities; 4 % Supra, pp. 425-440. • Supra, pp. 885–886. . Act of Oct. 6, 1949; A Decade of American Foreign Policy, pp. 1356-1364. See 2438 AMERICAN FOREIGN POLICY, 1950–1955 SU ARTICLE I TE 13 P mn 0 fo D In conformity with the principle of mutual aid, the Government of Mutual Security Act of 1951, as amended, which provide for the furnishing of defense assistance by the United States of America ir furtherance of the objectives referred to above; and Desiring to set forth the conditions which will govern the furnishing of such assistance; J Have agreed as follows: 1. Each Government, consistently with the principle that economi: di stability is essential to international peace and security, will make fu available to the other and to such other governments as the two Governments signatory to the present Agreement may in each can agree upon, such equipment, materials, services, or other assistance as the Government furnishing such assistance may authorize, in accordance with such detailed arrangements as may be made between them. The furnishing and use of any such assistance as may be authorized by either Government shall be consistent with the Charter of the United Nations. Such assistance as may be made available by the Government of the United States of America pursuant to the present Agreement will be furnished under those provisions, and subject to all of those terms, conditions and termination provisions of the Mutual Defense Assistance Act of 1949, the Mutual Security Act of 1951, acts amendatory and supplementary thereto, and appr- priation acts thereunder which may affect the furnishing of such assistance. 2. Each Government will make effective use of assistance received pursuant to the present Agreement for the purposes of promoting peace and security in a manner that is satisfactory to both Govera- ments, and neither Government, without the prior consent of the other, will devote such assistance to any other purpose. 3. Each Government will offer for return to the other, in accordano with terms, conditions and procedures mutually agreed upon, equip ment or materials furnished under the present Agreement, except equipment and materials furnished on terms requiring reimbursement and no longer required for the purposes for which it was originally made available. 4. In the interest of common security, each Government undertakes not to transfer to any person not an officer or agent of such Govern ment, or to any other government, title to or possession of any equip ment, materials, or services received pursuant to the present Agres ment, without the prior consent of the Government which furnished such assistance. Japan agrees to facilitate the production and transfer to the Goveri ment of the United States of America for such period of time, in such quantities and upon such terms and conditions as may be agreed upor of raw and semiprocessed materials required by the United States kr Svona in 8 m A r ARTICLE II 1 Act of Oct. 10, 1951; infra, pp. 3059-3086. THE FAR EAST AND SOUTHEAST ASIA 2439 a in the America as a result of deficiencies or potential deficiencies in its own sin resources, and which may be available in Japan. Arrangements for such transfers shall give due regard to requirements for domestic hing use and commercial export as determined by the Government of Japan. ARTICLE III 1. Each Government will take such security measures as may be agreed upon between the two Governments in order to prevent the me disclosure or compromise of classified articles, services or information lake furnished by the other Government pursuant to the present Agree- 2. Each Government will take appropriate measures consistent with security to keep the public informed of operations under the present Agreement. TIFO ment. Case 2006 ; 11 Teen o be erter ARTICLE IV ARTICLE V two Governments will, upon the request of either of them, able make appropriate arrangements providing for the methods and terms the of the exchange of industrial property rights and technical information and for defense which will expedite such exchange and at the same time 100 protect private interests and maintain security safeguards. arity pro- such The two Governments will consult for the purpose of establishing procedures whereby the Government of Japan will so deposit, segre- ting gate , or assure title to all funds allocated to or derived from any programs of assistance undertaken by the Government of the United the States of America so that such funds shall not be subject to garnish- ment, attachment, seizure or other legal process by any person, firm, ne agency, corporation, organization or government, when the Govern- zip- ment of Japan is advised by the Government of the United States of America that any such legal process would interfere with the attain- ent ; ment of the objectives of the program of assistance. ally ived ern- ARTICLE VI akes ern wp- Tet lied 1. The Government of Japan will grant a. Exemption from duties and internal taxation upon importation or exportation to materials, supplies or equipment imported into or exported from its territory under the present Agree- ment or any similar agreement between the Government of the United States of America and the Government of any other country receiving assistance, except as otherwise agreed to; and b. Exemption from and refund of Japanese taxes, as enumerated in the attached Annex E, so far as they may affect expendi- tures of or financed by the Government of the United States of America effected in Japan for procurement of materials, tol uch POI sol * Not printed here. 2440 AMERICAN FOREIGN POLICY, 1950–1955 of the free world, take all reasonable measures which may be needed to th of un m CO CO maintenance of its own defensive strength and the defensive strength facilities and general economic condition to the development and supplies, equipment and services under the present Agreement or any similar agreement between the Government of the United States of America and the Government of any other country receiving assistance. 2. Exemption from duties and exemption from and refund d Japanese taxes as enumerated in the attached Annex E will apply, in addition, to any other expenditures of or financed by the Gover to ment of the United States of America for materials, supplies , equip st ment and services for mutual defense, including expenditures made in conformity with the Security Treaty between the United States of America and Japan or any foreign aid program of the Government of the United States of America under the Mutual Security Act of 1951, as amended, or any acts supplementary, amendatory or sue- cessory thereto. ARTICLE VII 1. The Government of Japan agrees to receive personnel of the Government of the United States of America who will discharge in the territory of Japan the responsibilities of the latter Government regarding equipment, materials, and services furnished under the present Agreement, and who will be accorded facilities to observe the be progress of the assistance furnished by the Government of the United States of America under the present Ågreement. Such personnel who are nationals of the United States of America, including personnel temporarily assigned, will, in their relationships with the Government of Japan, operate as part of the Embassy of the United States of America under the direction and control of the Chief of the Diplo A matic Mission, and will have the same privileges and immunities as are accorded to other personnel with corresponding rank in the Embassy of the United States of America. 2. The Government of Japan will make available, from time to time, to the Government of the United States of America funds in yen for the administrative and related expenses of the latter Govern- ment in connection with carrying out the present Agreement. P The Government of Japan, reaffirming its determination to jamº in promoting international understanding and good will, and man taining world peace, to take such action as may be mutually agreed d upon to eliminate causes of international tension, and to fulfil the military obligations which the Government of Japan has assume under the Security Treaty between the United States of America and Japan, will make, consistent with the political and economic stability of Japan, the full contribution permitted by its manpower , resources TE IC W 01 2 A el TE ARTICLE VIII en Di , THE FAR EAST AND SOUTHEAST ASIA 2441 I nent to develop its defense capacities, and take appropriate steps to ensure the the effective utilization of any assistance provided by the Government other of the United States of America. ARTICLE IX of oply 1. Nothing contained in the present Agreement shall be construed reni to alter or otherwise modify the Security Treaty between the United (up States of America and Japan or any arrangements concluded there- nade under. Ates 2. The present Agreement will be implemented by each Govern- nentment in accordance with the constitutional provisions of the respective ut of countries. SUC- ARTICLE X dent ARTICLE XI plo- 1 SAS 1. The two Governments will, upon the request of either of them consult regarding any matter relating to the application of the present Agreement or to operations or arrangements carried out pursuant to e in the present Agreement. 2. The terms of the present Agreement may be reviewed at the the request of either of the two Governments or amended by agreement the between them at any time. ited who nnel 1. The present Agreement shall come into force on the date of sent $ of receipt by the Government of the United States of America of a written notice from the Government of Japan of ratification of the Agreement by Japan. the 2. The present Agreement will thereafter continue in force until one year after the date of receipt by either Government of a written notice of the intention of the other to terminate it, provided that the to provisions of Article I, paragraphs 2, 3 and 4, and arrangements entered into under Article III, paragraph 1 and Article IV shall remain in force unless otherwise agreed by the two Governments. 3. The Annexes ? to the present Agreement shall form an integral part thereof. 4. The present Agreement shall be registered with the Secretariat cin of the United Nations. IN WITNESS WHEREOF the representatives of the two Governments, the duly authorized for the purpose, have signed the present Agreement Done in duplicate, in the English and Japanese languages, both equally authentic, at Tokyo, this eighth day of March, one thousand ity 5 2011- ዝD- ged ned nd nine hundred fifty-four. es nd eth 1 May 1, 1954. * Not reprinted here. 2442 AMERICAN FOREIGN POLICY, 1950–1955 0 ec go gi W AL u Japan makes so well and which also produce food and raw material our surplus food crops and to do so on terms which would be liberal 1 Department of State Bulletin, Aug. 23, 1954, pp. 264–265. See also addres of Jan. 14, 1954, by Frank A. Waring, Counselor for Economic Affairs at the 56. ECONOMIC POSITION OF JAPAN: Statements by the Secretary of State at a News Conference, August 10, 1954 B The United States recognizes that one of the major postwar prob- lems is the problem of finding opportunities whereby Japan, with it large and industrious population, can find a way to earn a useful and profitable living in the world. Japan itself possesses very few natural resources, and it does not produce enough food for its people. It produces normally about 8i percent of the foodstuffs that the people require. This year it pro- duced somewhat less because there was a bad failure of the rice crop . That means the Japanese have to be importing goods and raw ma- h! terials and manufacturing raw materials into articles which the rest th of the world needs. Goods which are distinctly of Japanese origa generally pay rather high tariff duties throughout the world because Japan has not been heretofore brought into the Gatt organization , nor does it benefit from the reductions which have been made in tarif 5 rates in favor of the distinctive products of many other countries . It is the hope of the United States that steps may be taken to im. prove the opportunities for Japanese trade, not just in the United States, I will emphasize, but in other countries of the world where there are actually more natural markets for much of what Japan pro duces. There is no necessity actually to increase largely Japanes imports to the United States. What is needed, rather, is to try to find other areas of the world where the type of goods which Japan produces will be able to find markets. The problem is a many-sided one. The negotiation of a trade agreb- ment on a multilateral basis is one angle to the problem. Another angle to the problem is the need for an austerity program in Japan, which has been lacking somewhat over recent years but which seems to be taking shape at the present time. Also there is the importane of developing markets in Asia, particularly in the Southeast Asia area where there are large populations which need the kind of things which which Japan needs. All of these aspects of the problem need to be explored and I hope will be explored. Asked whether, in view of the fact that the administration asked for an economic assistance for Japan this year, it may be necessary for United States to reconsider the possibility of some direct assistance AS Japan this year, Mr. Dulles replied: It is possible, but we do not think that that will be necessary. may be desirable to make available some foodstuffs to Japan out of American at , , - See statement of Jan. 29, 1954 , by the Department of State; ibid., Feb. 1954, pp. 154–155. to 0 0 C t t I. 1 THE FAR EAST AND SOUTHEAST ASIA 2443 situation in detail. It was agreed that the economic well-being of the 1 Department of State Bulletin, Nov. 22, 1954, pp. 765–766. ! s not mia- rest ause GLOR, 3. Representatives of both governments discussed Japan's economic the from the standpoint of payment possibly in terms of local currency. But we do not anticipate the necessity for any economic aid to Japan, on the assumption that the Japanese handle their own fiscal and com- proh mercial affairs with prudence and firmness. h its It seems to us the situation can be dealt with without any direct I and economic aid. There is, of course, a certain amount of assistance that goes to Japan through our contribution to their enlarged security pro- gram. There are still a substantial number of U.S. troops in Japan it 80 who are spending money there. In that way there is a considerable amount of what you might call invisible exports to Japan which runs pro- up into terms of several hundred million dollars. This is not nearly crop . big as it was at the height of the Korean War, when there were heavy purchases in Japan for use in Korea. There is a certain decline there, but the figure is still quite a substantial one. rigu tarif 57. REVIEW OF AMERICAN-JAPANESE RELATIONS: Joint Statement by the President of the United States and the Prime i im- Minister of Japan, November 10, 1954 1 nited there President Eisenhower and Prime Minister Yoshida met on Novem- paper ber 9 and reaffirmed the spirit of friendly cooperation characterizing ne the relations between the United States and Japan. The Prime Min- find ister also met with Secretary of State Dulles, Secretary of Treasury Humphrey, Secretary of Defense Wilson, and Director Stassen of the Foreign Operations Administration. The Prime Minister and Secre- entary Dulles at their meetings this week, after a full and frank exchange of views on matters of mutual interest, reviewed the conversations held during the past 3 weeks by representatives of the two governments. I The President and the Prime Minister agreed that the solidarity and determination of the free nations had greatly advanced the cause of world peace. They declared that their governments would, in nop cooperation with the free nations of Asia, continue their united efforts to maintain and promote the peace and prosperity of Asia. The Prime Minister reaffirmed his Government's determination to make a full of the contribution to those efforts and in particular stressed Japan's desire ce to cooperate, wherever possible, in the development of economic strength by the free nations of Asia. The President and the Prime Minister declared that the goals of their governments are peaceful and that their peoples desire peace and liberty for themselves and their neighbors. II duces ther ems ance ares hich rials to It tot eral dresi the . 2444 AMERICAN FOREIGN POLICY, 1950-1955 m beca term tions of free governments in Asia, the request of Japan for expedited ules) Ryukyu and Bonin Islands in the light of the present international State Bulletin, Mar. 29, 1954, p. 466); statement by the American Ambassador 1 See statement by the Department of State, Mar. 17, 1954 (Department of at Tokyo, Apr. 9, 1954 (ibid., Apr. 19, 1954, pp. 598–599); and note from the American Ambassador to the Japanese Foreign Minister, Jan. 4, 1955 (ibid, Japanese people is a matter of importance to the entire free world 58. The achievement of improved economic conditions in Japan depends G partly upon the ability of the Japanese people themselves to pursue sound and constructive internal monetary and other economic policies and partly upon Japan's ability to expand its trade with other coun T tries. By various means since the end of the war the United States effed has been able to contribute substantially to the economic progres Jepe which Japan has achieved. The United States is aware of the efforts Prot which Japan is making to solve its difficult economic problems and wil Stat continue to examine sympathetically means whereby it can assist the the Japanese people to advance their well-being. A number of specific measures were discussed in the recent talks. thir General agreement was reached that the United States would 0- favo operate with Japan in its efforts to expand its foreign trade and achieve a better balance in its foreign economic relations. It was entr further agreed that the United States would sell to Japan agricultural 8h81 commodities and that a substantial portion of the proceeds of these pub sales will be used for Japan's domestic economic improvement and Deg defense support and for regional economic development. Other steps A were discussed, such as the establishment of a productivity program bety in Japan and the mutual benefits which might arise from Japan's participation with the other free nations of South and Southeast Asia in the economic development of that area. Both sides agreed that these measures would be of marked benefit to Japan by improving 230 its economic position and facilitating its efforts to attain a higher standard of living. Apr III T United States representatives expressed regret over the incidentes on March 1 in which 23 Japanese fishermen were injured–que in t fatally by the fall-out of radioactive materials following test in the Pacific. They emphasized their belief that peaceful uses The of atomic energy would be steadily developed and would eventual become of great value to Japan and other friendly nations throughout the world. IV There was also discussion of the disposition of Japanese vested by the United States, and representatives of the United States hang stated that this matter is under consideration. Among other subjects reviewed were Communist efforts to weaken and discredit the opera Islands of former inhabitants. cert of J men whi nuclear bot] thes the 11 assets Aug 4 sion 1 17, 1955, pp. 90–91). THE FAR EAST AND SOUTHEAST ASIA 2445 ITSU OU: Tas 4 sions (Department of State publication 5881; 1955). world. 38. BENEFICENT EFFECT OF JAPAN'S ACCESSION TO THE tends GENERAL AGREEMENT ON TARIFFS AND TRADE: State- ment by the Department of State, July 22, 1955 1 licies The President on July 22, 1955, signed a proclamation ? to give tates effect to the results of the recent negotiations for the accession of gress Japan to the General Agreement on Tariffs and Trade. Under the forts Protocol for the Accession of Japan, which was signed for the United 1 States on June 8, 1955, Japan will become a Contracting Party and t the the concessions negotiated between the United States and Japan will become effective on September 10, 1955, if by August 11, 1955, two- alks 1 com thirds of the Contracting Parties to the general agreement have cast and favorable votes on a decision for the accession of Japan under the terms of the protocol. The proclamation provides that the date of tural entry into force of the concessions negotiated by the United States shall be notified by the President to the Secretary of the Treasury and and published in the Federal Register. An analysis of the results of these negotiations was issued by the Department of State on June 9, 1955. steps As a result of the provisions of the exclusive trade agreement TAM between the United States and Cuba, concluded on October 30, 1947, Asis certain reductions in rates negotiated in connection with the accession that of Japan will result in the elimination of the preferential tariff treat- Ting ment now enjoyed by like Cuban products. There follows on page 230 a list of these Cuban products indicating the changes in duty which will result from the entry into force of the Protocol for the The proclamation also provides that effect shall be given to con- dent cessions negotiated with Canada and the Benelux countries (Belgium, the Netherlands, Luxembourg) as compensation for statutory increases in the duty on fish sticks and on certain rubber-soled footwear, on both of which concessions had been granted in the general agreement. The proclamation provides that the date of the entry into force of these compensatory concessions shall be notified by the President to the Secretary of the Treasury and published in the Federal Register. Department of State Bulletin, Aug. 8, 1955, p. 226; See also statement of Sell Aug, 22, 1955, by the Department of State and President Eisenhower's memo- randum of that date to the Secretary of the Treasury; ibid., Sept. 5, 1955, p. 397. 120 Fed. Reg . 5379; Department of State Bulletin, 'Aug. 8, 1955, pp. 226–231. * TIAS 3438; 6 UST 5833. lited nules ) for Accession of Japan - Analysis of Renegotiations of Certain Tarif Conces- General Agreement on Tariffs and Trade--Analysis of Protocol (including sched- *TIAS 1703; 61 Stat., pt. 4, p. 3699. pan's Accession of Japan. One clear USES lally hout cates jects vera- the ona! onir ut of adar the ibid, 2446 AMERICAN FOREIGN POLICY, 1950–1955 defei the Foreign Minister, recognizing the desirability of closer cooperation their Governments should continue on various problems of mutual rel 2 See The Geneva Conference of Heads of Government, July 18–29, 1955 (Depart- ment of State publication 6046; 1955); and supra, pp. 111-114, 1887-1897 and 3 See The Geneva Meeting of Foreign Ministers, October 27-November 16, 1955 (Department of State publication 6156; 1955); and supra, pp. 115–122, 1897- 59. STRENGTHENING THE DEFENSE CAPACITY OF JAPAN: Th Forei Joint Statement by the Secretary of State and the Japanese Foreign Minister, August 31, 1955 1 reach that Mamoru Shigemitsu, Deputy Prime Minister and Foreign Minister limit of Japan, has concluded three days of discussions with Secretary of Japa State John Foster Dulles and other high United States officials . The Foreign Minister was accompanied among others by Ichin in th State Kono, Minister of Agriculture and Forestry; Nobusuke Kishi , Secre- tary-General of the Japan Democratic Party; Ambassador to the time United States Sadao Iguchi; Ambassador Toshikazu Kase, Japan's It Permanent Observer to the United Nations; and Takizo Matsumoto , coop Deputy Chief Cabinet Secretary. тарі American officials in addition to the Secretary of State who met hom with the Foreign Minister and members of his party included: Unde peae Secretary of State Herbert Hoover, Jr.; Deputy Secretary of Defense when Reuben "B. Robertson, Jr.; Chairman of the Joint Chiefs of Staf repla W Admiral Arthur W. Radford; Mr. John Hollister, Director of the International Cooperation Administration; Deputy Under Secretary angre of State Robert Murphy; Assistant Secretary of Defense Gordon and Gray; Ambassador to Japan John M. Allison; and Acting Assistent such Secretary of State for Far Eastern Affairs William J. Sebald. forc A free and frank exchange of views from the global viewpoint was held concerning more recent international developments, notably the act 0 implications of the "Summit” meeting at Geneva, the present United Uni Nations discussions on disarmament, and the impending Conference of of Foreign Ministers at Geneva.3 The Far Eastern situation was also discussed. Secretary Dulles explained the policy of the United men T States to support freedom firmly while exploring patiently, every wit avenue which may lead to the enhancement of general peace. Foreign for Minister Shigemitsu drew on his experience in the Soviet Union and China in interpreting his nation's policies. The Secretary of State S and the Foreign Minister concurred in the view that while the imme- the diate danger of major war had perhaps receded there still remain Un elements of uncertainty in the situation, particularly in the Far Est, and that the continued solidarity of the free world is needed to main pla pos tain improved prospects of peace. the The Foreign Minister expressed Japan's resolve to maintain co- operation with the United States and the free world as the cornerstone of its foreign policy. In this connection the Secretary of State and the enduring peace in the Far East, agreed that consultations between concern. Department of State Bulletin, Sept. 12, 1955, pp. 419-420. 2005–2016, and 2841-2843. 2018–2039. me! for are ex 1 ecc THE FAR EAST AND SOUTHEAST ASIA 2447 AN: nese CTA- an's met ense economic assistance rendered to Japan during the occupation and The basic problems of Japanese security were discussed. The Foreign Minister indicated that Japan's defense strength has now reached a considerable level and expressed the firm determination that the policy of progressive increase will be continued within the ister limit of Japan's capacity. He explained the plans for increasing Japan's defense capabilities recently formulated by the Japanese defense authorities. It was agreed that these plans should be studied hir in the course of the continuing consultations in Tokyo on United States-Japanese defense relationships and should be reviewed from the time to time in the light of strategic requirements. It was agreed that efforts should be made, whenever practicable on a oto , cooperative basis, to establish conditions such that Japan could, as rapidly as possible, assume primary responsibility for the defense of its homeland and be able to contribute to the preservation of international oder peace and security in the Western Pacific. It was also agreed that when such conditions are brought about it would be appropriate to starf replace the present Security Treatyl with one of greater mutuality, the With the conclusion of such a treaty as an objective, it was further larg agreed that consultations would take place in Tokyo between Japanese don and United States representatives on defense problems and that in Ant such consultations consideration will be given to the establishment of schedules for the progressive withdrawal of United States ground forces as Japan's own defense capacity increases and taking into the account the related situation in Asia. ited On the problem of Japan's financial contribution to the support of United States forces in Japan, there was agreement on the desirability of establishing a general formula for progressive reduction over the Fery The Foreign Minister emphasized Japan's need to expand its trade eigu with other countries particularly in Asia and expressed appreciation for the help of the United States in assisting Japan to become a full member of the General Agreement on Tariffs and Trade. Secretary Dulles expressed current thinking about assistance for the economic development of the free nations of Asia pursuant to ist , United States legislation. It was recognized that the measures planned would facilitate Japan's efforts to improve its economic position and attain a higher standard of living. The Secretary stressed the contribution to economic development which could be made by foreign private investment both in Japan and in other countries of the Tid The Foreign Minister requested the early release of war criminals nd under United States jurisdiction. The Secretary of State described the complexity of the problem and indicated that the question of the release of the war criminals will be kept under continuous and urgent It was agreed that no major obstacles remain to settlement for WAS enca WAS Eted next several years: and cate 2 me ain 11- CO- une area. OD en examination. at and Supra, pp. 885–886. * See statement of July 22, 1955, by the Department of State; supra. 2448 AMERICAN FOREIGN POLICY, 1950-1955 att spec 2 See Secretary Hay's instruction of Sept. 6, 1899, to the American Ambassador in Great Britain and his circular instructions of Mar. 20, 1900, and July 3, 1900; that utmost efforts will be made to bring the negotiations in Tokyo their on this subject between the two Governments to an early conclusion Forg Throughout these talks the representatives of the United States Stat and Japan recognized that Japan, as a major power in Asia, should whic play an active role in friendly cooperation with other Asian nations in ried contributing to stability and peace in Asia. They agreed that in vier of Japan's efforts to establish internal stability, reconstruct the ne- Ford tional economy and strengthen its defense capacity, there is a forma for basis for continuing cooperation between the United States and Japan have Foreign Minister Shigemitsu and Secretary of State Dulles confirmed T anew the determination of their Governments to expand this relation- othe ship further so that they together and with others may pursue their work for the consolidation of world peace and freedom. at t forc erni civi S E. THE REPUBLIC OF CHINA ON FORMOSA aid (TAIWAN) AND COMMUNIST CHINA Stat ther defe Immediate Results of Communist Seizure of Mainland con China, 1950 61 60. UNITED STATES POLICY RESPECTING THE STATUS 01 FORMOSA (TAIWAN): Statement by the President, January 1950 1 I The United States Government has always stood for good faith in international relations. Traditional United States policy toward of China, as exemplified in the open-door policy, called for internatione For respect for the territorial integrity of China. This principle I recently reaffirmed in the United Nations General Assembly resolution oft of December 8, 1949, which, in part, calls on all states- To refrain from (a) seeking to acquire spheres of influence or to create foreign que .controlled regimes within the territory of China; (b) seeking to obtain special tha rights or privileges within the territory of China.3 A specific application of the foregoing principles is seen in the present situation with respect to Formosa. In the joint declaration di De Cairo on December 1, 1943, the President of the United States, the British Prime Minister, and the President of China stated that it was 1. A Decade of American Foreign Policy, pp. 727-728. of e a dire WAS SUCI tho 1 2 3 194 II , (Department of State publication 3573; 1949), pp. 414-417. 3 Res. 291 (IV); A Decade of American Foreign Policy, pp. 726–727. 4 Ibid., p. 22. 3 THE FAR EAST AND SOUTHEAST ASIA 2449 Department of State Bulletin, Jan, 16, 1950, pp. 79-81. ISION, 1 Vien ena- 1 rnier thoughts, and speech of the American people. For the past week or 1 A Decade of American Foreign Policy, pp. 49–50. * Instrument of surrender, Sept. 2, 1945; ibid., pp. 625-626. 1945; The Political Reorientation of Japan, September 1945 to September 1948, vol. okre their purpose that territories Japan had stolen from China, such as Formosa, should be restored to the Republic of China. The United tates Stetes was a signatory to the Potsdam declaration of July 26, 1945, hould which declared that the terms of the Cairo declaration should be car- ons in ned out. The provisions of this declaration were accepted by Japan at the time of its surrender. In keeping with these declarations, , Formosa was surrendered to Generalissimo Chiang Kai-shek,; and for the past 4 years, the United States and the other Allied Powers pa beve accepted the exercise of Chinese authority over the Island. rmed The United States has no predatory designs on Formosa or on any tion other Chinese territory. The United States has no desire to obtain thei special rights or privileges or to establish military bases on Formosa at this time. Nor does it have any intention of utilizing its armed forces to interfere in the present situation. The United States Gov- ernment will not pursue a course which will lead to involvement in the civil conflict in China. OSA Similarly, the United States Government will not provide military aid or advice to Chinese forces on Formosa. In the view of the United States Government, the resources on Formosa are adequate to enable them to obtain the items which they might consider necessary for the defense of the Island. The United States Government proposes to and continue under existing legislative authority the present ECA program of economic assistance. 61. ELABORATION OF POLICY RESPECTING THE STATUS OF FORMOSA (TAIWAN): Remarks by the Secretary of State at TTS a Special News Conference, January 5, 1950 4 I am having this conference this afternoon at the request and at the direction of the President for the purpose of going into the background man of the statement which he made this morning on the subject of I should like to make a few remarks on this subject for the purpose of trying to put it in its setting for you, and then we will get down into such details as you want to get into. was the statement made at this particular time? That is a question that arises in all of your minds and I want to recall to you that I have said very often in these meetings that the foreign policy tbe of the United States is determined not merely by what the State 18 Department says, or not even by what the President says, and not even the by what the Congress says, but reflects the sum total of the activities, 08 ch in ! WA stion Formosa. reigo Why recia was ador 900; 1940 II, pp. 442-445. 5 Supra. 415900--57--Vol. 2-_-51 2450 AMERICAN FOREIGN POLICY, 1950-1955 1 1 ar su On DC and you AS CE 10 days, this subject of Formosa has become one of the foremost subjects of discussion throughout the country. be The ordinary processes of life in this town of Washington have made their contribution. We have had leak and counterleak, gossip thi and countergossip. We have had the contributions of distinguished Br statesmen in the debate. We have had a great deal of talk in the pres and on the radio. Much of that is good and much of that is desirable, go and all of it has to go on to make the United States the democracy that it is. But we slide very easily from discussion to the statement in of fact. I have here a distinguished foreign newspaper dated Friday Pc last (December 30) which announces as a fact that President Truman has decided, et cetera, and et cetera, giving something which President Truman had not decided and had not intended to decide. Therefore , what has occurred is that we have gotten a great deal of confusion C in the minds of our own people. We have gotten a great deal of com- di fusion in the minds of foreign people. We have stirred up a good deal of speculation, all of which, if allowed to continue, would be highly | U prejudicial to the interests of the United States of America. And th therefore, it was the President's desire to clarify the situation. He was not primarily concerned in stating anything new, will find very little which is new in the statement. What he was interested in doing was bringing clarity out of confusion. ba That, I think, gives you the background as to why it was necessary fc to make the statement at the present time. It would have been desirable from our point of view if the whole question of the Far East, and all of the parts of the Far East and of Formosa, which alter K all is a small part of the great question of the Far East, could have been discussed very fully with members of both parties on the Hill before any statement was made. But one has to choose in this life M and it was more important to clarify thinking than it was to go and have the most desirable of all possible things which is consultation . Now, getting down to this statement, let's be clear about one or two things. There has been a great deal of amateur military strategy indulged in in regard to this matter of Formosa. The underlying factors in the decision are not in that area. They have to do with the fundamental integrity of the United States and with maintaining b in the world the belief that when the United States takes a position it sticks to that position and does not change it by reason of transitory d expediency or advantage on its part. If we are going to maintain the free nations of the world as a great unit opposed to the encroach ment of communism and other sorts of totalitarian aggression, the world must believe that we stand for principle and that we are honor able and decent people and that we do not put forward words, es propagandists do in other countries, to serve their advantage only to throw them overboard when some change in events makes the position difficult for us. We believe in integrity in our foreign relations. We believe also in respect of the integrity of other countries. That held by some other countries. That is a view not held by some other countries with respect to China. W W CO to m re p su TE CH F t & view not 8 J. C THE FAR EAST AND SOUTHEAST ASIA 2451 country had failed because of Soviet obstruction, free elections were held in South lished, Aug. 15, 1948, as a result of these elections, was subsequently recognized by the United States and the United Nations. 3 General Order No. 1 provided that Soviet forces should receive the Japanese Japanese surrender in the Mandated Islands (now known as the Trust Territory most Dress It is important that our position in regard to China should never be subject to the slightest doubt or the slightest question. have Now, what has that position been? In the middle of the war, the President of the United States, the Prime Minister of Great shed Britain, and the President of China agreed at Cairo that among the areas stolen from China by Japan was Formosa and Formosa should go back to China. As the President pointed out this morning, that statement was nent incorporated in the declaration at Potsdam and that declaration at Potsdam was conveyed to the Japanese as one of the terms of their surrender and was accepted by them, and the surrender was made dent on that basis. fore Shortly after that, the Island of Formosa was turned over to the Chinese in accordance with the declarations made and with the con- ditions of the surrender. The Chinese have administered Formosa for 4 years. Neither the United States nor any other ally ever questioned that authority and And that occupation. When Formosa was made a province of China H: nobody raised any lawyers' doubts about that. That was regarded will as in accordance with the commitments. sted Now, in the opinion of some, the situation is changed. They believe that the forces now in control of the mainland of China, the forces which undoubtedly will soon be recognized by some other countries, are not friendly to us, and therefore they want to say, Fax "Well , we have to wait for a treaty." We did not wait for a treaty on after Korea.? We did not wait for a treaty on the Kuriles. We did not wait for a treaty on the islands over which we have trusteeship. Hill Whatever may be the legal situation, the United States of America, life , Mr. Truman said this morning, is not going to quibble on any lawyers' words about the integrity of its position. That is where we stand. ion. Therefore, the President says, we are not going to use our forces in connection with the present situation in Formosa. We are not going to attempt to seize the Island. We are not going to get involved militarily in any way on the Island of Formosa. So far as I know, no vith responsible person in the Government, no military man has ever ning believed that we should involve our forces in the island. tion I do not believe that is new policy. It would be new policy if we decided to do that. The President is affirming what so far as † know Instrument of surrender, Sept. 2, 1945; A Decade of American Foreign Policy, General Order No. 1 provided that Soviet forces should receive the Japanese surrender north of the thirty-eighth parallel and that American forces should the sary Deen 1878 3 00 e or TEST tain the pp. 625-626. 2 2150 not me surrender in the Kuriles. General Order No. 1 provided that American forces should receive the of the Pacific Islands). 2452 AMERICAN FOREIGN POLICY, 1950–1955 OV VO. an in the unlikely and unhappy event that our forces might be attacked has been the view of his Administration, and the unquestioned view | 62. ever since I have known about it. The President goes on to say that we do not intend to give military assistance or advice, that is matériel and military people, to the forces on Formosa, and he says why. He says that there are resources on that Island which are adequate to enable those on the island to obtain whatever necessary military supplies they believe they have to have. tod That is against a background of very considerable gifts on our part at St. a time when the Government on Formosa was recognized by everybody tre as the Government of China and was in control of a very large part of th China. We gave vast amounts of military equipment to that gov- ernment after the war up until 1948. In 1948 another act of Con- gress ? was passed, and 125 million dollars of military equipment was thi turned over. rig That is not where the difficulty lies in maintaining the Island by the forces on it. It is not that they lack rifles or ammunition or that, ii they do have any deficiencies in any of those, they cannot purchase in what they need. That is not the trouble. The trouble lies elsewhere , CH and it is not the function of the United States nor will it or can it PRE attempt to furnish a will to resist and a purpose for resistance to those who must provide for themselves. Ar That is the background of this statement. The President goes on for to say that in regard to economic assistance which we have been tica furnishing, we will furnish it for as long as the legislation that Congress has passed permits us to. Whether that legislation will be extended or not, I don't wish to prejudice this afternoon. That is a matter for discussion with the leaders, and for action by the Congress . We have been, through the ECA, conducting programs one of which has resulted in all the fertilizer necessary for the spring crop on the St Island of Formosa. Others have been the purchase of necessary oil is for refining on the Island and for running the power plants and other th things on the Island. Other programs have had to do with keeping de their power plants and other factories in repair and in operation . Those are going forward. Now those are the main statements of background which I wish to make. I am informed by Mr. McDermott that some of you me to say what if any significance is to be attached to the sentence in the next-to-last paragraph of the statement which says, "The United Pe States has no desire to obtain special rights or privileges or to establish military bases on Formosa at this time." The question is, what does that phrase "at this time” mean. That phrase does not qualify or modify or weaken the fundamental policies stated in this declaration by the President in any respect. It is a recognition of the fact that whatever action in whatever area is necessary for its own security. with China, with Special Reference to the Period 1974-1949 (Department of State 1 See summary of U.S. aid for the period 1937–1949; United States Relatione publication 3573; 1949), pp. 1042–1053. 2 Act of Apr. 3, 1948; ibid., pp. 991–993. 3 See economic cooperation agreement of July 3, 1948; ibid., pp. 994–1001 . WI 9.r ICE SO) wish m of an re fu Re THE FAR EAST AND SOUTHEAST ASIA 2453 1 WAS lase ere, Dit LOSA recovering "this type of real property right.” Relations of the United States, 1901, Appendix, pp. 316, 330-331. 3 Treaty of Jan. 11, 1943 (TS 984; 57 Stat., pt. 2, p. 767). 4 See Department of State Bulletin, Dec. 26, 1949, pp. 955–957. See ibid., Dec. 12, 1949, p. 908. 62. RECALL OF FOREIGN SERVICE PERSONNEL FROM 1e1 COMMUNIST CHINA: Statement by the Department of State, ary January 14, 1950 (Excerpts) rces son Chinese Communist authorities in Peiping have ordered the taking tain over of United States Government consular property in Peiping and ive today have seized that property in defiance of protests by the United tæt States Government. This seizure is in violation of long standing ody treaty rights granted the United States in 1901 ? and reaffirmed in tof the Sino-United States treaty of 1943 by which the United States Ov-voluntarily relinquished its extraterritorial rights in China. on- The United States Government takes an extremely serious view of this situation, which constitutes a flagrant violation of our treaty rights and of the most elementary standards of international usage the and conduct. t, if The seizure was carried out despite our protests and our announced intention to withdraw all American official personnel from Communist China if the Chinese Communists attempted to seize our office and properties, The Department is now preparing instructions for the recall of all American official personnel from Communist China. Arrangements for the withdrawal of our official personnel will be made as expedi- tiously as possible and when completed our official establishments hat will be closed. Any facilities for evacuation from China which are be arranged for our official personnel will be made available for all Amer- ican citizens who desire to depart. This violation of American consular property has arisen in almost hich immediate sequence to the harsh and unjustified treatment of United the States Consul General Angus Ward and his staff at Mukden. It also oil is one in the long series of mistreatment of Americans, which included cher the beating of Vice Consul Olive in Shanghai and the continued ning detention of Messrs. Smith and Bender, United States Navy per- sonnel. The background of this unprecedented act by the Chinese Com- ein munists is as follows: On January 6, the Chinese Communist military authorities at issued a proclamation which stated that certain foreign countries in the past, utilizing the so-called 'right of stationing troops' unequal treaties, ' have occupied land in the Peking municipality and constructed military barracks” and expressing their intention of Department of State Bulletin, Jan. 23, 1950, pp. 119-121, e protocol of Sept. -4, 1901, especially article and annex 14; Foreign OD een US & ess. 101. - ish rish Peiping ited lish loes OL cion pat ake 7. Cions state 2454 AMERICAN FOREIGN POLICY, 1950-1955 111 seri mer end con are 194 ext COE to ent returned to Mr. Clubb with indications that they had been opened 3 Bracketed insertion by the editors of the Department of State Bulletin, see ibid., p. 122. (For a correction of the date of the note as printed, see ibid., 6 Department of State Bulletin, Jan. 23, 1950, pp. 121-122. (For a correction tary barracks and other installations will first be requisitioned." I On January 7, the Chinese Communist military authorities addressed a communication to the American Consul General at Peiping repre- sented as an order for the requisitioning of United States Govern- Em ment official property at No. 22 Legation Street in Peiping and a directed the Consul General to send a messenger with authority to turn over this property, which was being used by the American Con- sulate General for official purposes.? Ger The Department of State instructed the American Consul General Co effc at Peiping on January 7 to transmit to Gen. Chou En-lai a communi- cation pointing out that the United States Government acquired the right to use for official purposes the land in question under the protocol reg signed at Peking (Peiping) : on September 7, 1901, by China and Mr eleven other powers and that this right was reaffirmed in the Sino- United States treaty of 1943, under which this Government relinwit quished its extraterritorial rights in China. The Consul General was further instructed to state that this land and the buildings thereon har were now being used for official purposes and that the so-called mili- Gle tary barracks mentioned in the communication from the Chinese Communist military authorities had long since been converted into an office building and used as the office of the American Consulate the General. In conclusion, he was directed to express the United States Government's expectation that no action would be taken consti- tuting any violation of the rights of the United States Government as set forth above. 4 Mr. Clubb 5 reported that he had sent the above-mentioned communication to General Chou on January 9 and that the communi- cation had been returned to him without answer or acknowledgment list but with indications that it had been opened and read. Mr. Clubb pel later informed the Department that he had delivered a second com- munication on this subject to General Chou on January 10, str was designed to clarify to the local authorities that the property in lim question was in fact the office of the American Consulate General." This communication was also returned to Mr. Clubb with indications Sta that it had been opened and read. On January 8 Mr. Clubb had tal made a simple acknowledgment of the communication of January from the Chinese Communist military authorities and on January 11 in accordance with instructions from the Department, he forwarded a second communication to these authorities, enclosing a copy each of his letters to General Chou. All these communications were and read. Department of State Bulletin, Jan, 23, 1950, p. 121. 2 Ibid. Mar. 27, 1950, p. 487.) 5 Oliver E. Clubb, American Consul General at Peiping, in the date of the note as printed, see ibid., Mar. 27, 1950, p. 487.) aui Sta me COL } which nis au ins 1 pw ad] ent qu 2 2 Sei tra 1 Br pel Fo mi 19. A THE FAR EAST AND SOUTHEAST ASIA 2455 re- rn- On- 1 10- Was e01 lese quishment of extraterritorial rights. [Footnote in the original press statement.] transportation could be arranged for official personnel and arrangements made for British representatives in those cities to take charge of American interests. The Consulate General at Tsingtao was closed on Jan. 23, 1950, when American For additional information regarding the closing of American consulates in Com- personnel left the city (Department of State Bulletin, Feb. 20, 1950, p. 302). munist China, see Secretary Acheson's statements of Mar. 1, 1950 (ibid., Mar. 13, In recognition of the limitations of time and in view of the extremely sed serious concern of the United States Government over the develop- ments at Peiping, the Department, having informed the British Embassy in Washington on January 7 of this development, on Janu- and ary 10 requested the good offices of the British Foreign Office to the to end that the British officer-in-charge at Peiping be instructed to convey personally on behalf of the United States Government to General Chou En-lai or, in his absence, to the highest ranking Chinese 258 Communist official available to him a statement to the following ini- effect: the "General Chou will have by now received the communication ical regarding the question of requisition of the former military barracks and area of the United States Government at Peiping forwarded to him by Mr. Clubb on instructions from this Government. In accordance lin- with the provisions of Article II of the Sino-United States treaty of 1943, under which the United States Government relinquished its extraterritorial rights in China, the United States Government would hili- have no objection to turning over to the authorities at Peiping the Glacis property to the west of the United States Government consular nto compounds. The United States Government would also be prepared ate to turn over to the authorities at Peiping for immediate occupancy ites the United States Government-owned building on this property and enter into discussions regarding indemnification for the building: t as "Should the requisition order of the Chinese Communist military authorities be made applicable, however, to any part of the United ned States Government's consular compounds, the United States Govern- ment would consider such action a violation of its rights and would conclude that it had no alternative to closing all of its official estab- lishments in Communist China and to withdrawing all of its official om- personnel from Communist China." 2 The British Government was good enough to send appropriate in- structions to its officer-in-charge at Peiping. In view of the time ral" limitations involved and in order to ensure that the Chinese Commu- nist authorities be aware of the views and intentions of the United had States Government and not act without full realization of the inevi- table results of a violation of United States rights, Mr. Clubb was 11, authorized as a last resort, in the event that the British Government's -ded instructions to its officer-in-charge did not arrive prior to the expira- The boundary area on three sides of the diplomatic quarter, which for defense purposes had originally been cleared of buildings. This area was under the joint administration of the diplomatic quarter and its return to Chinese control was envisaged in the various treaties between China and foreign powers for the relin- fernice posts at Nanking, Shanghai, Peiping, and Tientsin to close as soon as sti- uni- lent ubb nich y in TODS J7 of vere ned 1950 , ibid., ction Apr. 24, 1950, pp. 630-631). 2456 AMERICAN FOREIGN POLICY, 1950-19.55 to COE of mi ар loc en el MacArthur presented to the National Security Council in iis deliberations preceding tion of the time limit, to bring directly or indirectly to the attention of General Chou En-lai or some other Chinese Communist official the views and intentions of the United States Government. This the Mr. Clubb did in a communication to General Chou on January 12, which was received and subsequently returned. At 3:30 p. m. Bu January 13, Mr. Clubb received an oral communication from i representative of the Military Control Commission that the requisi Fo tion order would be put into effect from 9:00 a. m. the following day Fo Immediately upon receipt of this notice, Mr. Clubb orally informed FO this representative that if the order was carried out it would be the pu full responsibility of those concerned and against United States Government official protests. Mr. Clubb later in the same day confirmed this message by formal letter.? At 9:50 a. m. on January 14 the premises of the Consulate General Du were invaded by the police and four civilian officials. fo- 63. REVIEW OF UNITED STATES POLICY IN RELATION TO CHINA (REPLIES BY THE DEPARTMENT OF STATE TO A SERIES OF QUESTIONS CONTAINED IN HOUSE RESO- LUTION 452 (81st CONGRESS, 21 SESSION): Report of the House Committee on Foreign Affairs, February 9, 1950 3 The Committee on Foreign Affairs, to whom was referred the resolution (H. Res. 452) requesting the State Department to furnish full and complete answers to certain questions relating to the foreign policy of the United States in the Far East, having considered the same, report adversely thereon and recommend that the resolution The recommendation of the committee is based on the fact that answers to the questions contained in the resolution have been fur- nished the committee by the Department of State. With the exceps tion of portions of two answers, the publication of which portions felt by the Department of State would be incompatible with the public interest, the answers are included in this report for the information of the Members of the House, and are as follows: Question 1 With respect to the President's statement of January 5, 1950,4 on policy regarding Formosa (a) Were the views of the Secretary of Defense solicited in the formulation of the policy enunciated therein? Comment.--Yes. Question 1 (6) Were the above views and the views of the Joint Chiefs of Staff and of Gen. Douglas the said statement? CC S 81 m OP n do not pass. SI f 1 Department of State Bulletin, Jan. 23, 1950, pp. 122–123. 2 Ibid., p. 123. 3 H. Rept. No. 1618, 81st Cong., 2d sess. 4 Supra, doc. 60. THE FAR EAST AND SOUTHEAST ASIA 2457 1. OD om & 1 f the the integrity of China and must remain free to take the position that anyone who There are, of course, additional practical difficulties. Government is now on Formosa and that island, with Hainan, is the only remain- ntion Comment.— The views of the National Military Establishment were presented fficial to the National Security Council in its deliberations preceding the issuance of This the President's statement. These views presumably included those of the y 12 , component parts of the National Military Establishment. Question 1 (c) Is Hainan included in the policy enunciated in said statement? qui- Comment.-Certain portions of the President's statement refer specifically to day . Formosa. Other portions apply clearly to all areas of China including Hainan. For example, the statements "The United States has no predatory designs on rmed Formosa or on any other Chinese territory. the United States will not e the pursue a course which will lead to involvement in the civil conflict in China" are States of general application. The statement "Similarly, the United States Govern- day ment will not provide military aid or advice to Chinese forces on Formosa" applies to all forces under the Chinese Government high command which is located on Formosa regardless of the present deployment of those forces. neral Question 1 (d) Have the following been considered by the Executive as alternatives to the policy enunciated in said statement? (1) Insistence on the execution of the terms of the Cairo Declaration, which provided for the return of Formosa to the Republic of China. TTO Comment.-- This cannot properly be considered an alternative to the policy 10 enunciated by the President. The President's statement of January 5, 1950 ESO contained a reaffirmation of the Cairo Declaration on the part of the United States in respect to the disposition of Formosa. Formosa has been administered since 1945 by China, the surrender of Japanese forces on Formosa having been made to Generalissimo Chiang Kai-shek. (2) Consideration of Formosa as a possession of Japan to be administered by the victor powers until eventual disposition under a peace settlement with Japan. (3) A plebiscite in Formosa, under the auspices of the Far Eastern Commission rnish of a special commission of the UN, to determine whether the inhabitants desire a) to continue as a province of and the seat of government of the Republic of China; (6) to be placed under a United Nations trusteeship; or (c) to become an independent ention Comment.—These alternatives were considered. As has been noted under (1) above, Formosa has been administered by China since 1945, when Japanese that forces on the island surrendered to Generalissimo Chiang Kai-shek. It was incor- fur The Allied Powers associated in the war against Japan have not questioned these scep steps. The United States Government has not questioned these steps because they were clearly in line with its commitments made at Cairo and reaffirmed at Potsdam. In other words, the Allied Powers including the United States have for the past 4 years treated' Formosa as a part of China. For the United States Government, at this date, to seek to establish a non- Chinese administration on Formosa, either through SCAP or a United Nations or FEC-sponsored plebiscite, would be almost universally interpreted in mainland arding China and widely interpreted throughout Asia as an attempt by this Government to separate Formosa from China in violation of its pledges and contrary to its the long-standing policy of respecting the territorial integrity of China. The im- portant point from the standpoint of our interests in Asia, including mainland China, is not the technical justifications which we might urge for taking such steps but rather the way such action on our part would be viewed by the people of Asia. In this connection we do not wish Por create a Formosa ipredenta issue about which the Chinese Communists could rally support within China and with ding not place ourselves in the unenviable position of the U.S.S.R. with regard to These are compelling reasons for rejecting the alternatives stated above. The seat reign a the nation. DS IS ublic ation uglas 1 2458 AMERICAN FOREIGN POLICY, 1950–1955 Que age fro rel th PT etti Q2 ur 900 th $1 the 19 са of saray 3 I 8 0 Such arrangements would raise the total of commodities for import into Japan would adversely affect Japan's balance of priced above the world-market price. It is probable that sugar can be procured i See Part II of the Moscow Communiqué of Dec. 27, 1945; A Decade of American ing substantial territory now under its control. There is no evidence that the Chinese Government would willingly accomplish its own demise by acquiescing in either of the proposed alternatives. There is likewise the question of military force to carry out the course of action proposed if the Chinese Government refuses its consent, and to defend the island if either proposal were effected. The United Nations, of course, has no forces and it seems clear that any defense of the island would finally rest upon the United States. In any case the conduct of a plebiscite for the purpose of determining the wishes of the inhabitants on the future disposition of Formosa is beyond the com- petence of the Far Eastern Commission. The Far Eastern Commission by its terms of reference is "to formulate the policies, principles, and standards in con- formity with which the fulfillment by Japan of its obligations under the terms of surrender may be accomplished. The terms of reference also provide that "the Commission shall not make recommendations with regard to the conduct of military operations nor with regard to territorial adjustments." Question 1 (e) (1) Does the Executive have information as to alternate sources of essential commodities such as rice and iron ore to replace Formosa and Hainan as sources of these com- modities for Japan in the event of the capture of these islands by the Chinese Communists? Comment.-In recent years Japan has procured only iron ore from Hainan, in the amount of between 200,000 and 300,000 tons in 1948 and 1949 together. This amount was obtained largely from wartime stocks mined by the Japanese and Hainan's potential rate of current production is not large enough to present a problem of alternative sources. Formosa has exported no rice and no iron ore to Japan in recent years. It was formerly a source of rice for Japan, but recent increases in population and declines in production have been obstacles to export of rice to Japan since the war. The major commodity exported since the war from Formosa to Japan is sugar, and this has represented from one-sixth to one-fifth of total Japanese sugar imports. The Philippines and Indonesia would be adequate alternative sources of supply. It is probable that Japan could procure from these sources under balanced-trade arrangements, as much or more as it has imported from Formosa. level of Japan's trade with these countries. Formosa is also a source of small quantities of salt for Japan; alternative sources are available, particularly in the Red Sea area. The capture of these islands by the Communists would not necessarily eliminate them as sources of supply of commodities for Japan. Whether the Communists would be willing to engage in such trade upon acceptable terms cannot be predicted. Question 1 (e) (2) Does the Executive have information as to the factor of additional cost of the occur pation of Japan to the United States in the event of capture of Formosa and Hainan by the Chinese Communists? Comment. The extent to which elimination of Hainan and Formosa as sources international payments and thus create additional United States occupation costs cannot be predicted with accuracy. Formosan sugar has generally been balance of payments. For example, Philippine sugar is available to Japan : the world-market price. Procurement of iron ore and salt from alternative sources would not present a problem of major importance. Accordingly, the capture Formosa and Hainan by the Communists would not greatly increase the cost to the United States, if at all, of defraying the deficit in Japan's payments . Foreign Policy, pp. 60-62. 8 THE FAR EAST AND SOUTHEAST ASIA 2459 cing tary uses The le of the om- 7 its COI- is of 'the t of " nese , i in her. nese sent Ore cent port war 2 to ould puld nore otal mal! the allocated, however, have been used thus far to initiate actual procurement of June 27, 1949 (TIAS 1975; 63 Stat., pt. 3, p. 2702). the Question 1 (6) Has any recent survey of the defense resources of Formosa been made by any agency of this Government? Coinment.-Information on Formosa's defense resources is received constantly from the United States reporting officers in the field and is subject to continual review and assessment by the intelligence agencies. In general, it is considered that the available material resources are adequate for the defense of Formosa, provided that they can be mobilized by the Chinese Government and put to effective use by its military forces. Question 1 (9) For what purposes and in what amounts has assistance been rendered to Formosa under the present Economic Cooperation Administration program, which, in the words of the statement, "the United States Government proposes to continue"? In this connection, what steps have been taken and what sums have been spent in (1) the $17,000,000 capital improvement program which was contemplated for Formosa at the time of the consideration of legislation to extend the China Aid Act 2 in March ities 1949; and (2) the land-tenure reforms and similar welfare-improvement measures carried out by the Provincial government of Formosa with the advice and assistance of the Joint Commission for Rural Reconstruction? 3 Comment.- United States aid from appropriated funds to Formosa under the ECA program had amounted to approximately 18.5 million dollars by December 31, 1949. This figure includes the value of all commodities delivered, en route and scheduled for shipment to Formosa as well as actual payments for services. It does not include appropriated funds used for ECA administrative expenses and for the JCRR program relating to Formosa. An accounting break-down of these expenses as between the Chinese mainland and Formosa is not available at this time. Nor does the total aid figure include expenditures from counterpart funds for local currency costs of ECA administration or the JCRR program. (The latter is discussed under (g) (2) below.) There follows a list of the commodities and services for which the 18.5 million dollars has been obligated. (Millions of United States dollars) Wheat and flour 0.1 Cotton 1. 6 Petroleum 5. 4 Fertilizer 9. O Miscellaneous freight 1. 7 Technical services 0.7 18. 5 The $17,000,000 capital improvement program. The item for technical assistance indicated in the above table includes the cost of preliminary engineering surveys on a variety of industrial and trans- portation projects of the type for which the $17,000,000 capital improvement program was contemplated in March 1949. None of the funds thus tentatively equipment for such projects. This suspension of the capital improvement aspect of the ECA program for Formosa was based on two developments which had their immediate origin in the rapid Chinese Communist advance to the Yangtze River in the spring of 1949 and the equally rapid flight of the Chinese National Government and its armies. this influx continued until the Chinese Government abandoned the mainland in See agreements of July 3, 1948 (TIAS 1837; 62 Stat., pt. 3, p. 2945), Mar. 26– $4,1949 (TIAS 1923; 63 Stat., pt. 3, p. 2425); and Jan. 21-31, 1950 (TIAS 3077; I Act of Apr. 3, 1948; A Decade of American Foreign Policy, pp. 713-715. . See agreements of Aug. 5, 1948 TIAS 1848;462 Stat., pt. 3, p. 3139) and nate hists be 0 Question 1 (g) (1) ccule ces e of jon zea red n's at ces of to an 2460 AMERICAN FOREIGN POLICY, 1950–1955 fil are the CH CH the fo PE DI DE PO PC AN AN LS LS LS LS LS LS AN Al AN AN Al AL AL of Agriculture and forestry, for production of hog-cholera vaccine, multiplication control research and training of antimalaria workers, and disease-control demon Rural health: Projects for rehabilitation of rural water supply plants, malaria- stration in cooperation with the public works and health bureau of the Provincial Land-tenure reform: Projects for farmers' rent reduction and land reclassifics- the late fall of 1949. The consequences of this unplanned mass migration were considerable confusion in the administration of the island and the creation of strong inflationary pressures through increased demands levied on Formosan resources by the new nonproductive population. It would have been highly impractical, to say the least, to have launched large-scale capital-investment projects in the face of such unstable administrative and economic circumstances. Even if the administrative difficulties could have been overcome, the immediate inflationary impact of local currency expenditures necessary for installation of imported capital equipment might well have seriously impaired the Formosan economy. This continues to be an important considera tion governing the rate and magnitude of United States assistance for capital improvement projects on Formosa. Moreover, it was considered that, in the light of all circumstances, political and military as well as economic, the danger that Formosa might go the way of the mainland was such as not to warrant United States Government assistance for the creation of substantial new industrial and transportation facilities on the island. On the other hand, United States aid to help meet the current economie needs of the island was continued; technical advice was extended to assist in the more effective operation of the island's capital plant; ECA supported the program of the Joint Commission on Rural Reconstruction designed to improve agricul . tural productivity and bring about greater social stability among the rural popu: lation. The United States Government took the position, however, that United States grants for permanent additions to the island's wealth should be contingent on a clear showing that the Chinese Government was able to employ its resources in such a manner as to ensure (a) progress toward economic and political stability and (6) the effective defense of Formosa should it be attacked. This criterion applies with equal validity to present implementation of the ECA program, Question 1 (g) (2) Status of JCRR program in Formosa, Dec. 31, 1949 [Thousands of United States dollar equivalents of local currency Obligated projects Category Program category allocation Number of Amount projects Agricultural improvement Farmers organizations . Irrigation Health Land-tenure reform Audio-visual education 2, 291 Examples of project in each category Agricultural improvement: Projects in cooperation with the Provincial bureau construction of compost houses, and multiplication and extension of stock catre Farmers' organizations: Project for training staff members of farmers' associa: Irrigation Projects for irrigation and reclamation of several areas of the island in cooperation with the local authorities. government and with local research institutes. tion in cooperation with the land bureau of the Provincial government. PC PO PO PO PO PC PC Payments made 211 2 A AC AC 567 83 900 601 90 50 + 48 3 8 11 4 1 557 74 166 551 78 50 . 49 A] DI LO LO 615 Total 75 1,476 • LA LC Y] Y} Y) SC 11 THE FAR EAST AND SOUTHEAST ASIA 2461 1 TIAS 1691; 61 Stat., pt. 4, p. 3618. 1944-1949 (Department of State publication 3573; 1949). were -n of osan ched ative have cure pusly ders pital Audio-visual education: Projects for dissemination of posters and showing of film strips on subjects connected with the other program categories. Question 2 With respect to the current situation in China and the Far East (a) What are the numbers and types of vessels and craft transferred to China under the agreement of December 8, 1947? 1 What balance remains to be transferred? Comment. The December 8, 1947 agreement between the United States and China contained a proposed list of 138 naval vessels to be transferred to the Chinese Government. A total of 131 such vessels have been transferred under this agreement. A list of these vessels, as given in the White Paper, page 942, follows: tical sy of ance the omic the gran icul Opu- nited ngent irces bility erion PR 4 DE 6 DE 47 PCE 867 POE 869 AM 257 AM 258 AM 259 LST 537 LSM 155 LSM 157 LSM 285 LSM 457 LSM 431 AM 260 AM 266 AM 273 AM 276 AM 246 AM 274 AM 286 PC 1247 PC 1549 PGM 20 PGM 28 PGM 12 PGM 13 PGM 14 PGM 15 SC 648 SO 698 LSM 433 LSM 442 LSM 456 LOI (L) 233 LOI (L) 631 LCI (L) 417 LOI (L) 418 LOI (L) 630 LOI (L) 632 LST 557 LST 755 LST 1030 LST 993 LST 716 LST 717 LST 1017 LST 1050 LST 1075 LCI (L) 514 LCI (L) 517 AG 124 LOT 512 LOT 515 LCT 849 LOT 892 LOT 1143 LOT 1145 LOT 1171 LOT 1213 AOG 42 AFDL 34 25 LOM 25 LOVP AM 297 AM 216 YMS 339 PC 490 PC 492 PO 593 PC 595 SO 704 SO 708 SO 722 SC 723 SC 735 AOG 22 AFDL (C) 36 ARL 41 DE 102 DE 103 DE 104 DE 112 A break-down by type of the above transfers is as follows: nents ide Code Type of vessel Number Code Type of vessel Number AFDL. AG..... 4 2 1 LSM. LST. PC. 8 10 6 AOG. AM.. Mine sweeper ARL Auxiliary floating dock..-- Miscellaneous auxiliary tanker, Tanker, small. . Landing craft, repair ship- Destroyer escort Landing craft, infantry- Landing craft, mecha- nized. Landing craft, tank. Landing craft, vehicle- personnel. DE.. LCI (L). LCM. 2 12 1 6 8 25 Landing ship, medium.. Landing ship, tank.. Patrol craft, subchaser (steel hull). Patrol craft, escort. Motor gunboat-- River gunboat. Subchaser (wooden hull). Mine sweeper (yard)-- PCE. PGM PR.-- SC.. YMS. 2 6 1 7 1 615 LCT. LOVP. Total.. 131 lreau ition The seven vessels not transferred were етр, ; attle . Code ocia. Type of vessel [Vessel] Number Code Type of vessel (Vessel] Number YMS sland 637 YMS. YMS. SC..... Mine sweeper ...do.. ..do... Subchaser 346 367 2017 518 SO.. SC. AGS. Subchaser. do.--- Surveying ship- 703 9 aris- mon. ncia] li. e., ifica- 2462 AMERICAN FOREIGN POLICY, 1950–1955 1 E and each government must make its own decision in the light of the situation UN to vote against motions which would have the effect of depriving National A motion to unseat a National Government representative or to seat a Chinese internal organization of a UN organ. Under article 27 of the Charter, decisions of Council. In other UN organs procedural matters are determined by a simple If a UN organ should vote in accordance with its rules of procedure to seats continue active participation in such organs fulfilling in good faith our duties as 8 | Chinese Communist representative we would accept the will of the majority and Since the capacity of the Chinese Government to maintain and operate naval vessels had been taxed to the full by early transfers under the agreement , the Chinese Government requested an extension of the agreed-upon date—July 1, 1948—by which time transfers of vessels in the Philippines were to have been ef . fected. (Under terms of the agreement the Chinese had 120 days after the transfer of a vessel to effect its movement.) This Government agreed to an extension of the transfer date until September 1, 1948, for 10 of the ships in Philippines. Two of the seven vessels not transferred, the YMS 2017 and the SC 518, were either forced aground or sunk during the typhoon season. The other five were found to need reconditioning. The Chinese Navy did not avail itself of transfer rights on these vessels. No further transfers of vessels pursuant to the December 8, 1947, agreement are contemplated. Question 2 (6) Have the Chinese Communist forces obtained, and are they obtaining, amphibious assault equipment from the Soviet Union or elsewhere? Comment.—There have been many reports of varying degrees of reliability on this subject, many of which have appeared in the press. The Communist author- ities have publicly announced that the capture of Formosa is now a major military objective and it is therefore reasonable to assume that the Communists are making all possible efforts to prepare the necessary amphibious assault equipment. Question 2 (c) Has the United States Government made any statement with respect to the recogni- tion of the Communist regime by the United Kingdom? Comment.-In response to a question by a correspondent, the State Depart- ment spokesman on January 6, 1950, replied as follows: "The American position on recognition has been previously stated. "As has been previously announced, we have been in consultation with the British and other governments regarding this subject and each government has made its views known. The decision by a government whether to withhold on grant recognition to a new government is an exercise of a basic sovereign right as it sees it and of its own circumstances. It is the United States position that recognition of a government in no way constitutes or implies approval of that government. This have been in consultation all seem to have the same ultimate objective of a stable , a widely held principle. The governments with whom we independent China free of foreign domination.” Question 2 (d) Has the United States Government formulated its attitude with respect to admission of the Communist regime in China to the UN? Comment.-The United States Government has formulated its attitude on this question and that attitude may be summarized as follows: The United States Government recognizes the National Government as the Government of China and has instructed United States representatives at the any seven members and there is no right of veto. If this were not the case and permanent member could by its single vote decide in effect that one of two claim ants should representual memberin gecente berimanent member of the Securit majority vote. } in the 1 THE FAR EAST AND SOUTHEAST ASIA 2463 American Foreign Policy, pp. 1253–1257. 2 Address of Jan. 12, 1950; supra, pp. 2310–2322. UN member. Such action on our part would, of course, not constitute recognition of the Chinese Communist regime. Laval the ly 1, I el- the an the I the The aval ment vious Question ? (e) What areas in Asia come within the scope of the Truman doctrine? 1 Comment.-The interrelated concepts of supporting those peoples who are resisting subjugation, of assisting free peoples to work out their own destinies, and of aiding, primarily through economic and financial means, in the establish- ment of economic and political stability, are basic to the policies of this Govern- ment with respect to Asia no less than to other parts of the world. This has been evidenced by such actions as the Point IV proposals, aid to the recognized Government of China, economic aid to Korea, the steps taken in Japan to restore economic stability and to foster democratic institutions and ideas, and the encouragement of peaceful settlements in such areas as Indonesia, India, and Pakistan. It is axiomatic that the application of these fundamental concepts must be adapted in the light of particular circumstances in various areas. Obviously certain programs which are effective in Europe, for example, may not necessarily be equally effective in Asia. Similarly, to consider Asia as a homogeneous entity would dangerously oversimplify a complex situation. In the formulation of its policies, this Government must take into consideration the diversities in peoples, problems, and opportunities existing not only between other areas of the world and Asia, but also within Asia itself. For example, as Secretary Acheson stated in his recent address to the Press Club, there is a great difference between our responsibility and our opportunity in the northern part of the Pacific area and in the southern part of the Pacific area." 2 The Department is constantly studying those problems related to the foreign policy of this Government in order to determine how these basic concepts may best be applied to specific areas throughout both Asia and the rest of the world. uy on thor- itary Aking 1 cogni parte h the It has ld of right 1&tion I that that m me table, 64. TREATY OF FRIENDSHIP, ALLIANCE, AND MUTUAL ASSISTANCE BETWEEN THE SOVIET UNION AND COMMUNIST CHINA, SIGNED AT MOSCOW, FEBRU- ARY 14, 1950 3 ission Republic of China; this us the at the tional The Presidium of the Supreme Soviet of the Union of Soviet Social- ist Republics and the Central People's Government of the People's Filled with determination jointly to prevent, by the consolidation of friendship and cooperation between the Union of Soviet Socialist Republics and the People's Republic of China, the rebirth of Japanese imperialism and a repetition of aggression on the part of Japan or any other state which should unite in any form with Japan in acts of Imbued with the desire to consolidate lasting peace and universal security in the Far East and throughout the world in conformity with the aims and principles of the United Nations organization; See President Truman's message to Congress, Mar. 12, 1947; A Decade of in the aggression; hinese to the ions of 1 ote of se af claim curity simple seats ty and es as 2464 AMERICAN FOREIGN POLICY, 1950–1955 el SC Profoundly convinced that the consolidation of good neighborly relations and friendship between the Union of Soviet Socialist Repub- lics and the People's Republic of China meets the fundamentel interests of the peoples of the Soviet Union and China; fr Resolved for this purpose to conclude the present Treaty and appointed as their plenipotentiary representatives: The Presidium of the Supreme Soviet of the Union of Soviet Social ist Republics-Andrei Yanuaryevich Vyshinsky, Minister of Foreign Affairs of the Union of Soviet Socialist Republics; The Central People's Government of the People's Republic of to China-Chou En-lai, Prime Minister of the State Administrative Council and Minister of Foreign Affairs of China; Who, after exchange of their credentials, found in due form and good order, agreed upon the following: fic SO 10 Article I H fo thi R 65 Both High Contracting Parties undertake jointly to take all the necessary measures at their disposal for the purpose of preventing & repetition of aggression and violation of peace on the part of Japan or any other state which should unite with Japan, directly or indirectly in acts of aggression. In the event of one of the High Contracting Parties being attacked by Japan or states allied with it, and thus being involved in a state of war, the other High Contracting Party will immediately render military and other assistance with all the means at its disposal. The High Contracting Parties also declare their readiness in the spirit of sincere cooperation to participate in all international actions aimed at ensuring peace and security throughout the world, and wil do all in their power to achieve the speediest implementation of these tasks. Article II Both the High Contracting Parties undertake by means of mutual agreement to strive for the earliest conclusion of a peace treaty with Japan, jointly with the other Powers which were allies during the Second World War. Article III Both High Contracting Parties undertake not to conclude any alliance directed against the other High Contracting Party, and not to take part in any coalition or in actions or measures directed against the other High Contracting Party. Article IV Both High Contracting Parties will consult each other in regard to all important international problems affecting the common interests of the Soviet Union and China, being guided by the interests of the consolidation of peace and universal security. &L it A ag be ni 1 in CE D C THE FAR EAST AND SOUTHEAST ASIA 2465 1 this rule. into force, Apr. 11, 1950, when the Soviet Union completed its ratification pro- 1 Communist China ratified the treaty, Apr. 10, 1950. Department of State Bulletin, Mar. 27, 1950, pp. 468–469. 3 See supra, pp. 2310–2322. Railway, Port Arthur, and Dalny; and (b) on the granting of credits to Communist China, both signed at Moscow, Feb. 14, 1950, see The American Journal of International Law, vol. 44, no. 3, July, 1950, pp. 86-90. orly Article V jub- ntal Both the High Contracting Parties undertake, in the spirit of friendship and cooperation and in conformity with the principles of and equality, mutual interests, and also mutual respect for the state sovereignty and territorial integrity and non-interference in internal cial- affairs of the other High Contracting Partyto develop and con- eiga solidate economic and cultural ties between the Soviet Union and China, to render each other every possible economic assistance, and 3 of to carry out the necessary economic cooperation. tive Article VI and The present Treaty comes into force immediately upon its rati- fication; the exchange of instruments of ratification will take place in Peking. The present Treaty will be valid for 30 years. If neither of the the High Contracting Parties gives notice one year before the expiration ig & of this term of its desire to denounce the Treaty, it shall remain in force for another five years and will be extended in compliance with pad itly ting Done in Moscow on February 14, 1950, in two copies, each in the hus Russian and Chinese languages, both texts having equal force. arty the 65. IMPLICATIONS OF THE TREATY OF ALLIANCE AND the RELATED AGREEMENTS BETWEEN THE SOVIET UNION ions AND COMMUNIST CHINA: Address by the Secretary of State, will March 15, 1950 (Excerpt) ? Since I spoke in January on the Far East 3 there has been one new and clear indication of Soviet Russia's intentions in China. We see it in the published terms of the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance of February 14, 1950, and the other agreements concluded and announced at the same time. The Soviet Union and its most ardent supporters in China may bave temporary success in persuading the people of China that these DY agreements refute the contention of the non-Communist world that 700 alliance with Soviet Russia holds an evil omen of imperialistic domi- nation. These agreements promise help in the rehabilitation of The treaty entered Delivered before the Commonwealth Club of California, San Francisco; -52 nese cual rith the ust cedure. to sts he 415900--57-Vol. 2 2466 AMERICAN FOREIGN POLICY, 1950–1955 In TV h SC Sc te IL 8. fr 1 year 1948.1 can provide foodstuffs and raw materials for the new industrial The more fanatical of the Communist leaders may be content gressive Chinese who have supported the Communists against the Kuomintang in the belief that the new revolution would clear away obstacles to China's economic development. The new rulers of China have deliberately cut off their country from the possibility! 1 See section, “Assistance to China,” of title I of the Foreign Aid Appropriation China's war-torn and impoverished economy. They promise, in particular, assistance in the repair and development of China's railroads and industry. The Chinese people may welcome the promises and assurances. But they will not fail, in time, to see where they fall short of China's real needs and desires. And they will wonder about the points upon which the agreements remain silent Now, let us examine these assurances and promises of economie aid. First, Soviet Russia has promised to return certain Manchurian property but not the industrial equipment robbed by the Red Army in 1945. Is this aid? Is it even a belated admission of a theit which deprived not only China but all of Asia of some 2 billion dollas worth of productive capacity? Second, Soviet Russia extends to China a 300 million dollars 5-yees credit at an interest rate of 1 percent yearly. This works out al 60 million dollars each year. This announcement was made only to be followed by the news that the ruble was to be revalued, thus cutting down the effective aid by one-fourth if the new dollar-ruble rate should be applied to this credit. Thus, the Chinese people may find Soviet Russia's credit to be no more than 45 million dollars per year. They can compare this with a grant-not a loan—of 40 million dollars voted by the American Congress to China in the single China's needs are great and pressing. China today faces a prosper of 40 million people suffering from hunger between now and the next crops. Millions may die. And yet, food moves from China to the Soviet Union. China's need for development capital runs into billions of dollars In its issue of February 25, the London Economist makes the following penetrating analysis of Chinese needs and hopes and the extent to which they have been dashed by the agreements with Moscow it has not been the purpose of modern-minded Chinese to stagnate in the backwardness of a pre-industrial era; for many years they have been possessed by the dream of a rapid industrial sation whereby China would break out from its old weakness and poverty and take a place among the nations more in keeping with its vast population and considerable natural resources. There is indeed, no sign at all of a great programme of industrialisation : be carried through with Russian aid; the idea seems rather to make China's economy more "colonial” than before, areas of Siberia. with this, but it must bring a bitter disillusionment to many pro Act of 1949 (PL 793, 80th Cong., 2d sess., June 28, 1948; 62 Stat. 1054). IU 1 r a f so that it { THE FAR EAST AND SOUTHEAST ASIA 2467 nomic 101190 Army theft people 2 next se, i of American economic assistance which would have been forth- hins? coming for a United China on a far larger scale and with fewer these strings attached than the loan now received with so much official where gratitude from Moscow. If any Chinese really thought that Peking would obtain an unconditional and unstinted bounty by silent . turning from Washington to Moscow, the experience of Jugoslavia might have warned him that there are more kicks than halfpence in dependent association with the Soviet empire. And, now, as to the political and territorial assurances contained in the agreements. Can the Chinese people fail to observe that, lollars whatever may be the promises for the future under the terms of the treaty and agreements recently concluded at Moscow, the U.S.S.R. spel has special rights in China which represent an infringement of China's jut at sovereignty and which are held by no other foreign power. It is nly to thus Soviet Russia which, despite all the tawdry pretense of the treaty -Tuble terms, occupies the role of empire builder at China's expense. These are the realities that must be faced by the Chinese people. lollars In facing them, they can well consider what it means to brush aside of 40 an established friendship for new-found and voracious friends. Our single friendship has been founded on the belief that anyone who violates the integrity of China is the enemy of China and is hostile to the interests of the United States. We have 50 years of history and a uspect world war to prove that this belief is not a mere matter of words. o the This belief has been proved by deeds. We can and shall stand on the record. ollars We now face the prospect that the Communists may attempt to owing apply another familiar tactic and use China as a base for probing for other weak spots which they can move into and exploit. ent to As old friends, we say to the Chinese people that we fully understand that their present unhappy status within the orbit of the Soviet Union is not the result of any choice on their own part, but has been forced upon them. We understand that the Communist basis for their Government is similarly not the result of any free choice of their own. We do not intend to tell them what ideologies or form of government they should have. We do not intend to engage in any aggressive adventures against them. The American people will remain in the future, as we have been in the past, the friends of the But they should understand that, whatever happens within their own country, they can only bring grave trouble on themselves and their friends, both in Asia and beyond, if they are led by their new rulers into aggressive or subversive adventures beyond their borders. Such adventures would violate not only every tradition and interest of the Chinese people, they would violate the traditions and interests of their Asian neighbors, of the American people, and indeed—of all free peoples. They would violate the United Nations Charter. They would violate the peace which the Charter was designed to preserve. I say this so that there may be no mistake about the attitude of the United States; no opportunity to distort or twist it; and so that hinese maur triali and with re is , on to er to Chinese people. at it stria atent Pro- ainst clear ulers bility ation 2468 AMERICAN FOREIGN POLICY, 1950–1955 all in China may know who would be responsible for all that such adventures might bring to pass. 67. f wer [The Treaty of Alliance and the related agreements were subsequently reaffirmed and modified by a series of joint declarations and communiqué published Oct. 12, 1954, as the outcome of a visit in Peiping by Soviet inte leaders, Sept. 29-Oct. 12, 1954. For the texts of these joint declarations all- and communiqués, see Documents on American Foreign Relations, 1954 On (New York, 1955), pp. 323–332.] GOL ind I NO United States Policy in the Formosa (Taiwan) Area and During the Korean Hostilities, 1950–1953 shi Ser to 66. MISSION OF THE UNITED STATES SEVENTH FLEET IN THE FORMOSA (TAIWAN) AREA: Statement by the President, June 27, 1950 (Excerpt) 1 Th PO act be 1 ne pe be The attack upon Korea makes it plain beyond all doubt that to communism has passed beyond the use of subversion to conquer independent nations and will now use armed invasion and war. It has defied the orders of the Security Council of the United Nations issued to preserve international peace and security. In these cir cumstances, the occupation of Formosa by Communist forces would to be a direct threat to the security of the Pacific area and to United Po States forces performing their lawful and necessary functions in that an Accordingly, I have ordered the Seventh Fleet to prevent any As attack on Formosa. As a corollary of this action, I am calling upon in the Chinese Government on Formosa to cease all air and sea operations against the mainland. The Seventh Fleet will see that this is done . The determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan, It or consideration by the United Nations. It area. mi at CO tet 1 Department of State Bulletin, July 3, 1950, p. 5. For complete text of the President's statement, see infra, pp. 2539-2540. 2 See the U.N. Security Council Resolution of June 25, 1950; infra, pp. 2538 cle be ME 2539. ME THE FAR EAST AND SOUTHEAST ASIA 2469 ution 1954 community are seriously divided among themselves in terms of recognizing one or the other Chinese claimant or recognizing the claims of either to the Island of Formosa. It is complicated further because there has been no clear, no real consultation with the For- ment of State Bulletin, Dec. 4, 1950, pp. 891-892. * See President Truman's statement of June 27, 1950; supra. such 67. NEUTRALIZATION OF FORMOSA (TAIWAN) DURING THE KOREAN ACTION: Remarks by the Assistant Secretary of State for Far Eastern Affairs,' November 15, 1950 (Excerpt)2 tently I should like to discuss briefly the question of Formosa. On the riqués weekend of June 25–27, we were confronted with the fact that Soviet international communism had apparently decided to resort to formal all-out armed aggression posing some extremely difficult questions. One of them was what else do these people have in mind? Are we going to be involved in a general crisis throughout the Far East, or indeed on a world basis, or is this Korean action itself a limited action? In order to insure that United Nations forces operating in Korea would not be heavily threatened from an important flank position frea and in order that in that period of crisis there would not be a sudden shift in the military position of Formosa, the President ordered the Seventh Fleet to insure the military neutralization of that island and to protect the flank of United States forces in Korea.3 Now, the question is what do we do about the future of Formosa ? I IN There are two elementary points in the American position at this dent, point with respect to Formosa. One is that it should be militarily neutralized while the Korean action is in progress. We do not believe that it will be tolerable to have Formosa seized and exploited militarily by those acting contrary that to the policies and programs of the United Nations. Thus, military quer neutralization is an important element in the present situation. It The second is that whatever people think about Formosa, and Lions people think & great many different things about Formosa, it must be settled by peaceful means. We should not allow Formosa itself could to become a point around which a general war could start or that uited Formosa should threaten the general peace and security of the Pacific that Therefore, we asked that Formosa be considered by the General an Assembly.* 'We think it important that the United Nations move in to insure that Formosa be settled by peaceful means. It would be normal for the United Nations to arrange for a Com- mission to take a look at it and to report back to the United Nations the at a later date . Formosa is complicated in its history. It is com- plicated in the international commitments made with respect to it. It is complicated by the fact that there are two Chinese claimants. It is complicated by the fact that the members of the international mosans themselves either during or since this past war. cir- area. pon ions ne, pan, the 538 1 Dean Rusk. 2 Made before the National Conference on Foreign Policy, Washington; Depart- See infra, doc. 73. 2470 AMERICAN FOREIGN POLICY, 1950-1955 ACC an me No. 13 1 TIAS 2293; 2 UST, pt. 2, p. 1499. No Senate action was required. The agree. | Jan. 2, 1952 (TIAS 2604; 3 UST, pt. 4, p. 4543) and Oct. 23-Nov. 1, 1952 (TIAS 2 Act of Oct. 6, 1949 (A Decade of American Foreign Policy, pp. 1356–1364), as Thus, we hope very much that the United Nations will take this matter up and put it into the category of those questions which are fur being dealt with by peaceful means. We hope also that the other pu side will see fit to accept that procedure and not press it on a basis tio of military action. of 68. MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN Ch THE UNITED STATES AND THE REPUBLIC OF CHINA, FEBRUARY 9, 1951 1 dis The American Chargé d'Affaires ad interim to the Chinese Minister of sot Foreign Affairs ing AMERICAN EMBASSY, Or Taipei, January 30, 1951. the EXCELLENCY: Pursuant to instructions from my Government, I have the honor to an deliver the following statement: tat "The Government of the United States is prepared to make avail- able to the Republic of China under the terms of P. L. 329, 81st Con- gress, as amended, certain military material for the defense of Taiwan against possible attack. HE “This material, and any other furnished under the authority of the law referred to, is transferred on the understanding that it will be used and disposed of pursuant to the following undertakings and that failure to do so by the Chinese Government will be contrary to the understanding of the United States Government, and may be con- sidered by the United States to be cause for the cessation of further deliveries (it being understood that the undertakings contained in the first three paragraphs below apply as well to the material trans- ferred to the Chinese Government under that law since June 27, 1950); "1. The Chinese Government will use the material to maintain its M internal security or its legitimate self-defense. "2. The Chinese Government will take such security measures as may be agreed in each case between the United States Government a and the Chinese Government in order to prevent the disclosure and compromise of classified military articles, services or information furnished by the United States Government. 3. The Chinese Government agrees to receive personnel of the United States Government who will discharge in the territory under the control of the Chinese Government the responsibilities of the United States Government under this agreement and who will be hi 9, 2712; 3 UST, pt. 4, p. 5166). amended by act of July 26, 1950 (infra, pp. 3039–3042). em un THE FAR EAST AND SOUTHEAST ASIA 2471 1 ment January 30, 1951, which reads as follows: this accorded adequate facilities to observe the progress of the assistance h are furnished, to confirm that the material furnished is being used for the other purposes for which it is provided, and to carry out such other opera- basis tions or arrangements as shall be mutually agreed pursuant to this agreement. Such personnel, including personnel temporarily assigned, will , in their relations with the Chinese Government, operate as a part of the United States Embassy, under the direction and control of the EEN Chief of the United States Diplomatic Mission. INA “4. The Chinese Government will not transfer, sell, or otherwise dispose of the material provided pursuant to the above undertakings, or any other equipment susceptible of military use, without regard to its ter of source , or the time or manner of its acquisition, without first obtain- ing the assurance of the United States Government that such equip- ment or material is not required by the United States for its own use or required to support programs of military assistance undertaken by 51. the United States. "The United States Government would appreciate a written assur- lor to ance from the Chinese Government of its acceptance of the under- takings in this note." aval Accept, Excellency, the assurances of my highest consideration. Con- of K. L. RANKIN His Excellency Dr. GEORGE K. C. YEH, Minister of Foreign Affairs, Taipei. . Translation 950); / TAIPEH, TAIWAN February 9, 1951 MONSIEUR LE CHARGÉ D'AFFAIRES: I have the honor to acknowledge receipt of your note No. 13, dated se ill be that o the CON rther 1ans- in its es as and ation [There follows the text of the U.S. note.] onder under reference. In reply, I have the honor to signify on behalf of the Chinese Gov- E the emment the acceptance of the undertakings set forth in your note Please accept, Monsieur le Chargé d'Affaires, the assurances of my I the il be high consideration. agree 1951) TILS 4), 85 2472 AMERICAN FOREIGN POLICY, 1950–1955 y1 WI PE to qu IS th Dr im Bi res fri m 2 Made before the China Institute, New York; Department of State Bulletin, June 1, 1951 (Military Situation in the Far East: Hearings Before the Committee on Douglas MacArthur from His Assignments in That Area, part 3, pp. 1737-1739) 3 Resolution of June 26, 1951 (65 Stat. B69-B70; supra, pp. 1952–1954). 69. AMERICAN FRIENDSHIP FOR THE PEOPLES OF CHINA: CE Address by the Assistant Secretary of State for Far Eastern Affairs, May 18, 1951 2 of lo ha I should like, first of all, to congratulate the China Institute on its quarter century of splendid public service and to compliment you who are responsible for this timely chance to recall the warm friend- ship which has marked the relations between the Chinese and Ameri can people throughout the last two centuries. Something of what we have in mind this evening is contained in a concurrent resolution which passed the Senate on May 4 and which is now before the House of Representatives, which reads in part:* Resolved by the Senate (the House of Representatives concurring), That the Congress of the United States reaffirm the historic and abiding friendship of the American people for all other peoples, including the peoples of the Soviet Union, and declares- That the American people deeply regret the artificial barriers which separate them from the peoples of the Union of Soviet Socialist Republics, and which keep the Soviet peoples from learning of the desire of the American people to live in friendship with all other peoples and to work with them in advancing the ideal of human brotherhood; and That the American people and their Government desire neither war with the H Soviet Union nor the terrible consequences of such a war . de Despite the artificial barriers which now separate us from most of the peoples of China, we meet to reaffirm the historic and abiding | Pe friendship of the American people for the people of China. th Most of you here this evening are better qualified than I to explore K the origins and elements of Chinese-American friendship. Over the centuries, this friendship has come to be taken for granted; cordia . sentiments between a free China and a free America became strong Si and durable because they were constantly nourished by common of purposes and common practical interests. We and the Chinese, for example, have had a vital interest in the PI peace of the Pacific. Each of us wants security on our Pacific fan and wants to be able to look across those vast waters to find strength , independence, and good will in its great neighbor on the other side It was inevitable that the driving force of Japanese militarism would sooner or later bring China and America together to oppose it , just as we had moved 40 years earlier to support China's independence ti and integrity against threats from Europe. The same issues are now posed again-and are made more difficult to deal with because foreign g? encroachment is now being arranged by Chinese who seem to love China less than they do their foreign masters. 1 Dean Rusk. ment of State (ibid., May 28, 1951) and remarks by the Secretary of State of t) Eighty-second Congress, First "Session, to orgonaulte lani ornquiry into the Milien Situation in the forma mest and the practions arounding the relies of General of the larg P m m ar m er se CO Di ma Sorisce ů THE FAR EAST AND SOUTHEAST ASIA 2473 n its YOU end neri- in 8 ..3 of the larate keep ive in h the distinct from China? Are our friends in China impressed by trade perience of the miserable satellites of Eastern Europe? We meet here this evening to reaffirm our friendship with the NA: Chinese people--but not merely as a routine and elegant expression tirs," of good will . For the friendship we have taken for granted for so long is now being attacked with every available weapon by those who have come to power on the mainland of China. Their sustained and violent effort to erase all evidence of this friendship bears powerful witness to the validity and strength of the bonds between our two peoples. American influence among the Chinese people is intolerable to those in power in Peiping and Moscow because they know, and quite rightly, that the idea of national and individual freedom which is at the heart of American political thought is the greatest threat to thich their own evil purposes. Is the message of this meeting this evening to our friends in China it the prompted solely by narrowly conceived American interests? That important American interests are involved, there can be no doubt. Inion, But our historical relations with China have always reflected a high regard on our part for Chinese interests, and it is these we ask our friends in China now to consider. The independence of China is gravely threatened. In the Com- eal of munist world, there is room for only one master-a jealous and implacable master, whose price of friendship is complete submission. How many Chinese, in one community after another, are now being destroyed because they love China more than the Soviet Union? How ist of many Chinese will remember in time the fates of Rajk, Kostov, iding Petkov, Clementis , and all those in other satellites who discovered that being Communist is not enough for the conspirators of the The freedoms of the Chinese people are disappearing, Trial by mob , mass slaughter, banishment as forced labor to Manchuria, Siberia or Sinkiang, the arbitrary seizure of property, the destruction of loyalties within the family, the suppression of free speech-these are the facts behind the parades and celebrations and the empty promises. The territorial integrity of China is now an ironic phrase. The movement of Soviet forces into Sinkiang, the realities of “joint exploitation" of that great province by Moscow and Peiping, the separation of Inner Mongolia from the body politic of China, and the continued inroads of Soviet power into Manchuria under the cloak of Teigh greedy hands for them for at least a century. northern areas to the European empire which has stretched out its Are our Chinese friends reflecting upon the maps of China now being published on the mainland wřich show Sinkiang, Inner Mon- golia , Manchuria, and areas in the west and southwest as something show Sinkiang and Inner Mongolia on the map of China? Have the authorities in Peiping themselves fully considered what it means for them to have Soviet troops one Chinese soil, in the light of the ex- plore Kremlin? r the Od trong o the flen ngth side poul just lence non love Metin, part te On tee of enate ilitary Army 1739 2474 AMERICAN FOREIGN POLICY, 1950–1955 rece #mc It is not entitled to speak for China in the community of nations. The peace and security of China are being sacrificed to the ambitions beli of the Communist conspiracy. China has been driven by foreign of t masters into an adventure of foreign aggression which cuts across the most fundamental national interests of the Chinese people. This pen action stands condemned by the great world community in which the the Cl inese people have always aspired to play a worthy role. the Hundreds of thousands of Chinese youths are being sacrificed in a peo fiery furnace, pitting their waves of human flesh against the fire power I of modern weapons and without heavy equipment, adequate supply, or the most elementary medical attention. . Apart from Korea, the The Chinese are being pressed to aggressive action in other areas—al Chi calculated to divert the attention and energies of China away from exp the encroachments of Soviet imperialism upon China itself. I find it hard to believe that the Chinese people will acquiesce in the kind of future which their masters are now preparing for them. I find it impossible to believe that our friends in China have given up their 70. desire to live at peace with their neighbors, to play a major role as a F peaceful member of the international community of nations, to trade t freely with all the world, to improve their own conditions in accordance with their own needs, aspirations and traditions, to maintain their I independence as a nation, to preserve their territorial integrity, and Ko to live out their lives in dignity and with the respect of their fellow pre Events in China must surely challenge the concern of Chinese everywhere—in Formosa, on the mainland, and in overseas commu- nities. There is a job to be done for China which only the Chinese to can do—a job which will require sustained energy, continued sacrifice, situ and an abundance of the high courage with which so many Chinese ha have fought for so long during the struggles of the past decades. The Th rest of us cannot tell them exactly what is to be done or how. We Co cannot provide a formula to engage the unity of effort among in 1 Chinese who love their country. But one thing we can saya the Chinese people move to assert their freedom and to work out their Un destiny in accordance with their own historical purposes--they can of thi count upon tremendous support from free peoples in other parts the world Co It is not my purpose, in these few moments this evening, to go into specific elements of our own national policy in the present situation . But we can tell our friends in China that the United States will not lor acquiesce in the degradation which is being forced upon them. We thi do not recognize the authorities in Peiping for what they pretend to Bi be. The Peiping regime may be a colonial Russian government- Slavic Manchukuo on a larger scale. It is not the Government of China. It does not pass the first test. It is not Chinese. aggression upon which it is now willfully, openly, and senselesly embarked. We recognize the National Government of the Republic of Ching even though the territory under its control is severely restricted. We men. not ma all the bil OU 1... 0 mic 1 THE FAR EAST AND SOUTHEAST ASIA 2475 3 See Department of State Bulletin, Jan. 12, 1953, pp. 74–78. wer rom Communists, with greater impunity, to kill our soldiers and those of message, see supra, pp. 61-65. 2 Statement by the President, June 27, 1950; supra, doc. 66. ions believe it more authentically represents the views of the great body aign of the people of China, particularly their historic demand for inde- the pendence from foreign control. That Government will continue to l'his receive important aid and assistance from the United States. Under the the circumstances, however, such aid in itself cannot be decisive to the future of China. The decision and the effort are for the Chinese in 8 people , pooling their efforts, wherever they are, in behalf of China. If the Chinese people decide for freedom, they shall find friends ply , among all the peoples of the earth who have known and love freedom. the They shall find added strength from those who refuse to believe that -All China is fated to become a land of tyranny and aggression and who expect China to fulfill the promise of its great past. the find heir 70. REVISED MISSION OF THE UNITED STATES SEVENTH FLEET IN THE FORMOSA (TAIWAN) AREA: Message by sade the President to the Congress, February 2, 1953 (Excerpt) ! ince heir In June 1950, following the aggressive attack on the Republic of and Korea, the United States Seventh Fleet was instructed both to low prevent attack upon Formosa and also to insure that Formosa should not be used as a base of operations against the Chinese Communist mainland. This has meant, in effect, that the United States Navy was required to serve as a defensive arm of Communist China. Regardless of the fice, situation of 1950, since the date of that order the Chinese Communists have invaded Korea to attack the United Nations forces there. The They have consistently rejected the proposals of the United Nations We Command for an armistice. They recently joined with Soviet Russia all in rejecting the armistice proposal sponsored in the United Nations by the the Government of India. This proposal had been accepted by the heir United States and 53 other nations.. Consequently there is no longer any logic or sense in a condition s of that required the United States Navy to assume defensive responsi- bilities on behalf of the Chinese Communists. This permitted those as & nese mu nese nese can nto 100. not WC I to our United Nations allies in Korea. I am, therefore, issuing instructions that the Seventh Fleet no longer be employed to shieſa Communist China. Permit me to make this crystal clear: This order implies no aggressive intent on our part. But we certainly have no obligation to protect a nation fighting us of l in Korea. DS. of sly 1H. Doc. 75, 83d Cong., 1st sess. For more complete text of the President's nan Ve 2476 AMERICAN FOREIGN POLICY, 1950-1955 1. Qor 2. S 6 Message of Aug. 24, 1950, from Chou En-lai, Chinese Communist Premier and solu Communist Charges of United States Aggression in S1 the Formosa (Taiwan) Area follo (T print 71. UNITED NATIONS CONSIDERATION OF THE COMMU. NIST CHARGES: Statement by the Department of State, August TE fect) 24, 1950 1 will The United States would welcome United Nations consideration of the Formosa problem. By direction of the President, Ambassador Austin notified the Security Council at once of the action taken by the United States on June 27.2 In the President's statement of that at a same date, it was indicated that the problem is one which might be Mor considered by the United Nations.3 Chir Of course, the Security Council should not be diverted from the the urgent business already on its agenda, the aggression against the the Republic of Korea. Rept the 3. 72. REFUTATION OF THE COMMUNIST CHARGES: Letter From actic the United States Representative at the United Nations 4 to the mair Secretary-General, August 25, 1950 (Excerpts) 5 NatF There has been circulated to members of the Security Council & desig paper which charges the United States with aggression against acqu 4. Formosa. The paper asks the Security Council to consider the question of Formosa. The United States Government does not intend to discuss at this time this paper or the ridiculous falsehoods which it contains. It by t does wish to take this occasion to make a further statement about terri the Formosan question, On June 27 the United States representative read at the Security bay di Tha Council the following statement of the President of the United 5. States: the of C [There follows the text of the President's statement as printed, infra , pp. 2539-2540.] on to Rep 1 Department of State Bulletin, Sept. 4, 1950, p. 395. 6. 2 Supra, doc. 66. 3 See Ambassador Austin's statement of June 27, 1950; Department of State of t Bulletin, July 3, 1950, pp. 6–8. 4 Warren R. Austin. Department of State Bulletin, Sept. 11, 1950, pp. 411–412. Oct. 16, 1950, p. 607. ther prej The actio Unit inye cons 5 7. dive 1S 2539 ?( Polic THE FAR EAST AND SOUTHEAST ASIA 2477 the Pacific area. Republics and its satellites did not approve that resolution. investigation here or on the spot. We believe that United Nations consideration would contribute to a peaceful, rather than a forceable diverted from its consideration of the aggression against the Republic See Security Council resolutions of June 25 and 27, 1950; infra, pp. 2538– ? General Assembly Res. 291 (IV), Dec. 8, 1949; A Decade of American Foreign in Since then, the President of the United States on July 19 made the following declaration in a message to the Congress: (There follows a portion of the text of the President's message as printed, infra, pp. 2552–2560.] MU gust These statements and the facts to which they related make per- fectly clear certain fundamental points which the people of the world will have clearly in mind: ition 1. The United States has not encroached on the territory of China, ador nor has the United States taken aggressive action against China. be 2. The action of the United States in regard to Formosa was taken that at a time when that island was the scene of conflict with the mainland. It be More serious conflict was threatened by the public declaration of the Chinese Communist authorities. Such conflict would have threatened thes the security of the United Nations Forces operating in Korea under the mandate of the Security Council to repel the aggression on the Republic of Korea. They threatened to extend the conflict through 3. The action of the United States was an impartial neutralizing "rom action addressed both to the forces on Formosa and to those on the the mainland. It was an action designed to keep the peace and was, therefore, in full accord with the spirit of the Charter of the United Nations. As President Truman has solemnly declared, we have no cil designs on Formosa, and our action was not inspired by any desire to ainst acquire a special position for the United States. the 4. The action of the United States was expressly stated to be without prejudice to the future political settlement of the status of the island. this The actual status of the island is that it is territory taken from Japan by the victory of the Allied Forces in the Pacific. Like other such bout | territories, its legal status cannot be fixed until there is international action to determine its future. The Chinese Government was asked by the Allies to take the surrender of the Japanese forces on the island. Lited That is the reason the Chinese are there now. 5. The United States has a record through history of friendship for the Chinese people. We still feel the friendship and know that millions of Chinese reciprocate it. We took the lead with others in the last United Nations General Assembly to secure approval of a resolution on the integrity of China. Only the Union of the Soviet Socialist Bill the case of Formosa. We would approve full United Nations 7. We do not believe that the Security Council need be or will be arity nfra, - and solution of that problem. ibid, 2539 and 2540-2541. Policy , pp. 726-727. , 1950-1955 It rest COUL In accordance with Rule 20 of the Rules of Procedure of the General Assembly, the Delegation of the United States offers the following 2 See the Rules of Procedure of the General Assembly (U. N, doc. A/520; Dec. 2478 AMERICAN FOREIGN POLICY, of Korea. There was a breach of the peace in Korea. The aggressor " qu attacked, has been condemned, and the combined forces of the United of Nations are now in battle to repel the aggression. Formosa is now at peace and will remain so unless someone resorts to force. If the Security Council wishes to study the question of Formosa we shall oft support and assist that study. Meanwhile, the President of the Security Chi Council should discharge the duties of his office and get on with the item on the agenda which is the Complaint of Aggression Against the Republic of Korea, and, specifically, the recognition of the right of the Korean min Ambassador to take his seat and the vote on the United States resolucou tion for the localization of the Korean conflict. J I request that this letter be circulated to members of the Security Jap Council. the Pro [The United Nations considered three items relating to Formosa: Ger (1) The Chinese Communist complaint regarding “armed invasion of pur Formosa”, submitted August 24, 1950. On November 30, 1950, the Jap Şecurity Council rejected by a 9-1-1 vote a Soviet resolution which would Ger have condemned the United States. (2) The Soviet complaint of “aggression against China by the United was States of America”, submitted September 20, 1950. The First Com. apr mittee of the General Assembly rejected a Soviet resolution on this has subject by a vote of 49–5–3 (February 1, 1951). The General Assembly ( itself rejected the same resolution on February 1, 1951, by a similar in margin. (3) The question of Formosa, submitted by the United States Septem: i the ber 20, 1950 (supra, pp. 174–175). After hearing Mr. Dulles' statement firs of November 15, 1950 (infra, doc. 74), the First Committee decided to post- of pone consideration of the question. On February 7, 1951, the First Committee adopted a British proposal to adjourn discussion sine die. For information regarding the discussion of these items, see United of States Participation in the United Nations: Report by the President to the Congress for the Year 1950 (Department of State publication 4178; 1951) ibid., 1951 (Department of State publication 4583; 1952); Annual Report of the Secretary-General on the work of the Organization, 1 July 1950–30 June 1951 (General Assembly, Official Records, Sixth Session, Supplement No. 1 U. N. doc. A/1844); and Report of the Security Council to the General Assen. Sev bly, Covering the period from 16 July 1950 to 15 July 1951 (ibid., Supplement No of 1 2; U. N. doc. A/1783). See also statement of Nov. 28, 1950 by Ambassador Austin regarding the Chinese Communist charges; 'Department of State Bulletin, Dec. 11, 1950, pp. 929–936.] tha 73. UNITED STATES REQUEST THAT THE "QUESTION OF FORMOSA” BE PLACED ON THE AGENDA OF THE GENER- AL ASSEMBLY: Letter From the Secretary of State to the Secre fur tary-General of the United Nations, September 21, 1950 ? wit of G 1 Department of State Bulletin, Oct. 16, 1950, pp. 607-608. pres Pac fund A For mer mer pre Un or inh 1 2 2 3 5 12, 1947). THE FAR EAST AND SOUTHEAST ASIA 2479 s See supra, doc. 66. orean El embly milar Accordingly, I have ordered the Seventh Fleet to prevent any attack on Seventh Fleet will see that this is done. inhabited there should be settled by peaceful means in accordance with the Charter of the United Nations. 1 A Decade of American Foreign Policy, p. 22. ? Ibid., pp. 49-50. of Government Section, Supreme Commander for Allied Powers, vol. II, p. 442. esot question of Formosa" be placed on the agenda of the Fifth Session nited of the General Assembly as an additional item of an important and DW8t urgent character within the meaning of Rule 15. f the În the joint Declaration at Cairo of 1 December 1943, the President shall of the United States, the British Prime Minister, and the President of curity China stated- item ublic It is their purpose that Manchuria, Formosa and the Pescadores shall be restored to the Republic of China. The aforesaid three Great Powers, mindful of the enslavement of the people of Korea, are determined that in due esolu- course Korea shall become free and independent. In the Potsdam Proclamation of July 1945, defining the terms for curity Japanese surrender the three Allied leaders declared that the terms of the Cairo Declaration should be carried out. The provisions of this Proclamation were accepted by Japan at the time of its surrender. General Order No. 1 of the Japanese Imperial Headquarters 3 issued on ot! pursuant to the terms of surrender provided for the surrender of the Japanese Forces in China (excluding Manchuria) and Formosa to Doruk Generalissimo Chiang Kai-shek. Formal transfer of Formosa to China nited was to await the conclusion of peace with Japan or some other Com appropriate formal act. For the past five years, Chinese authority this has been exercised over the island. On 25 June 1950, a breach of the peace occurred in the Pacific area in the form of an armed attack against the Republic of Korea. In otem the resolution adopted on that day, the Security Council took the ment first step toward restoring the peace. On 27 June, the President of the United States stated that the North Korean forces had- die. defied the orders of the Security Council of the United Nations issued to preserve international peace and security. In these circumstances, the occupation of Formosa by Communist forces would be a direct threat to the security of the 1951); Pacific area and to United States forces performing their lawful and necessary Report ment on Formosa to cease all air and sea operation against the mainland. The of Formosa must await the restoration of security in the Pacific, a peace settle- ment with Japan, or consideration by the United Nations. The Government of the United States has made it abundantly clear that the measures it has taken with respect to Formosa were without TOP United States has no territorial ambitions and seeks no special position prejudice to the long-term political status of Formosa, and that the en privilege with respect to Formosa. The United States believes eten further that the future of Formosa and of the nearly 8 million people The Political Reorientation of Japan, September 1945 to September 1948: Report post- Jnited to the functions in that area. ) June No. 1; Ssem. nt No. sador State 5 ) VER ners! swing it the ; Dec. Infra, pp. 2538-2539. 2480 AMERICAN FOREIGN POLICY, 1950–1955 to! situs [Later in the debate, Mr. Dulles made the following remarks responding to a pretation of what I said, I had not said that this question should be The limited question, that of charges of the Peiping Regime against post the United States, as set forth in document S/1715, remains before oft the Security Council. The United States considers that the General I Assembly could make an important contribution towards carrying into out the purpose and principles of the United Nations in the Pacific says Area if it should study the general situation with respect to Formosa the with a view to formulating appropriate recommendations. I my adic 74. POSTPONEMENT OF GENERAL ASSEMBLY CONSIDER inte ATION OF THE “QUESTION OF FORMOSA" (TAIWAN: the Statements by the United States Representative? Before the Wi General Assembly, November 15, 1950 3 gov nort I I am going to suggest that we should defer and put to a later place in on our agenda this item of the question of Formosa. We put the item of the question of Formosa on the agenda because, may If as our Secretary of State said in his opening statement to the Assembly in general debate, T It is the belief of my Government that the problem of Formosa and the nearly 8 million people who inhabit it should not be settled by force or by unilateral the action. We believe that the international community has a legitimate interest of ti and concern in having this matter settled by peaceful means.4 deba That is basically the reason, Mr. Chairman, why we asked that this whid item be placed on the agenda, and we still believe that the item should oft stay on the agenda. We do, however, suggest that it should not be considered at the present time. When the Secretary of State spoke, as I indicated, in September , it seemed at that time that there was a reasonable prospect that peace and security would be reestablished in Korea speedily and satis- factorily by the action of the United Nations and its forces there I am sorry to say that that prospect has now been, in recent days considerably changed by the rapid and substantial increase of Chinese Communist intervention in Korea. The situation that results creates a very serious problem both for the United Nations and for my own Government. A resolution dealing with the intervention in Korea is now pending before the Security Council and is being considered. 75. 0 th Soviet statement.]8 If the delegate of the Soviet Union understood correctly the inter POSS Att IF the Dec. 5 Nat 1 See Department of State Bulletin, Oct. 16, 1950, p. 607. 2 John Foster Dulles. 3 Department of State Bulletin, Dec. 4, 1950, p. 911. 4 Statement of Sept. 20, 1950; supra, pp. 169–179. 5 Draft resolution of Nov. 10, 1950; infra, pp. 2583–2584. 6 Note in Department of State Bulletin. 1] THE FAR EAST AND SOUTHEAST ASIA 2481 Department of State Bulletin, Jan. 31, 1955, pp. 191-192. nose Dec. 2 and 10, 1954, see supra, pp. 945–949.] of the Chinese Communists to take one of the offshore islands from the Nationalists. Secretary Dulles made the following reply: ainst postponed until there could be an arrival here of the representatives for of the Chinese so-called government. neral I am quite sure, Mr. Chairman, that the interpreters could not fall ying into such a grievous error. I am quite sure that what Mr. Malik cife says he thinks I said is a case of the wish perhaps being followed by the thought. It is not a case of error by the interpreters. I never suggested in any degree whatsoever that the motivation for my proposal for adjournment was to allow the Chinese Communists to get here. Quite the contrary, the one reason I hesitated to urge the adjournment was that it might be interpreted, as it has been mis- ER interpreted—I am afraid-deliberately by the honorable delegate of AN: the Soviet Union. the What I did say was that, in the light of the conduct of this so-called government, things we can't shut our eyes to—the intervention in north Korea, the invasion of Tibet, the great aid to Ho Chi-minh lace in Indochina, and the threats of invasion of Formosa--we face the situation, Mr. Chairman, of the risk, at least, that that whole area nuse, may be engulfed in aggressive war. mbly If that is going to happen, then a discussion here of the long-range future of Formosa would be somewhat academic. The primary task of the Security Council is to do everything it possibly can to be sure that that great disaster does not occur, and cerest the only reason, Mr. Chairman, why I suggested the postponement of the discussion here was lest by misventure, in the course of our this debate here, we might say something about this delicate problem which might make more difficult the already difficult enough task ould of the Security Council. the Attempts To Effect a Cease-Fire in the Formosa (Taiwan) Area, 1954-1955 [Por texts of the Mutual Defense Treaty and exchange of notes between the United States and the Republic of China on Formosa (Taiwan), ding 75. RELATION OF THE TACHEN ISLANDS TO THE DEFENSE OF FORMOSA (TAIWAN): Transcript of a News Conference of the Secretary of State, January 18, 1955 (Excerpt) be Secretary Dulles was asked if he had any reports on the attempt early ateral eace atis- nere. lays nese cates OWO to & 1 ater- I have had some reports about the fighting, which is rather severe 415900_57-Vol. 2-53 2482 AMERICAN FOREIGN POLICY, 1950–1955 safe sery. mos V I put it that that was a matter of can usefully pick up a possible air attack against Formosa and relay knowledge of that to Formosa before that air attack could be detected infra apparently around the island of I-chiang, an island which lies, I eny believe, about 8 miles to the north of the Tachen Islands. of F Asked how important the Tachen Islands are to us, the Secretary replied: 76. I would not say that the Tachen Islands are in any sense essential D to the defense of Formosa and the Pescadores, which we do regard & th vital to us. Asked whether they are useful in the defense of those places, Mr. Dulles | Tot replied: T Well, that would call for a military judgment rather than one I would want to try to express as a civilian. There is, I believe, on the tion island a radar point which is perhaps of some utility in picking up peac possible air attack against Formosa. It lies about 200 miles north of Si Formosa. But whether the Tachen radar could pick it up and get dore word to Formosa in advance of the detection of it by radar actually of on Formosa I wouldn't know. islai Asked whether it had any value to the United States position on if Okinawa, the Secretary replied: whic No. the Asked whether he was talking about the island that is currently under attack and whether it is considered one of the Tachen group or not , Secretary Dulles replied: of t No, it is not one of the Tachen group. It is part of a group islands most of which actually passed from Nationalist to Communist T hands last May. There is a little group of four or five islands there, Chin and most of them were taken over by the Communists about last Form May. The loss didn't attract any particular attention at that time sive 11 Since then, public opinion has been focused more on these little off- shore islands than was the case last May. But the island itself whe (I-chiang) is without any particular importance. It is subject to 1950 artillery fire from some of these islands that were taken over T May, and it was not held by any regular forces of the Republic of China. Asked whether it was correct to say that the Tachen Islands were essential to the defense of Formosa and the Pescadores, the Secretary feas replied: military judgment. My own information is that the only relation Tre that it has to the defense of Formosa and the Pescadores is that there is a radar station on the island, and whether or not that radar station Stat secu rup to U. und We not Nat- and 11 61-6 THE FAR EAST AND SOUTHEAST ASIA 2483 1 g up 112 07 | Treaty between this Government and the Republic of China, covering ? See President Truman's statement of June 27, 1950; supra, doc. 66. See President Eisenhower's message to Congress, Feb. 2, 1953; supra, pp. es , I any precise knowledge of. I would say the relationship to the defense of Formosa was at the best marginal. etary 76. EMPLOYMENT OF UNITED STATES ARMED FORCES IN ential DEFENSE OF THE FORMOSA (TAIWAN) AREA: Message by rd as the President to the Congress, January 24, 1955 Dulles To the Congress of the United States: The most important objective of our Nation's foreign policy is to safeguard the security of the United States by establishing and pre- one I on the serving a just and honorable peace. In the Western Pacific a situa- tion is developing in the Formosa Straits that seriously imperils the peace and our security. th of get Since the end of Japanese hostilities in 1945, Formosa and the Pesca- dores have been in the friendly hands of our loyal ally, the Republic ualis of China. We have recognized that it was important that these islands should remain in friendly hands. In unfriendly hands, For- on mosa and the Pescadores would seriously dislocate the existing, even if unstable, balance of moral, economic, and military forces upon which the peace of the Pacific depends. It would create a breach in the island chain of the Western Pacific that constitutes, for the United under States and other free nations, the geographical backbone of their security structure in that ocean. In addition, this breach would inter- rupt north-south communications between other important elements of that barrier, and damage the economic life of countries friendly ip ol to us. The United States and the friendly Government of the Republic of here, China, and indeed all the free nations, have a common interest that last Formosa and the Pescadores should not fall into the control of aggres- time. sive Communist forces. of Influenced by such considerations, our Government was prompt, itself when the Communists committed armed aggression in Korea in June it to 1950, to direct our Seventh Fleet to defend Formosa from possible last invasion from the Communist mainland.2 ic of These considerations are still valid. The Seventh Fleet continues under Presidential directive to carry out that defensive mission.3 We also provide military and economic support to the Chinese e mol Nationalist Government and we cooperate in every proper and etary feasible way with that Government in order to promote its security and stability. All of these military and related activities will be In addition, there was signed last December a. Mutual Defense - not , unist continued. er of ation there ation relay.H. Doc. No. 76, 84th Cong., 1st sess. infra. cted See also resolution of Jan. 29, 1955; have 61-65. 2484 AMERICAN FOREIGN POLICY, 1950–1955 - in VOI Moreover, we must be alert to any concentration or employment of Chinese Communist forces obviously undertaken to facilitate I do not suggest that the United States enlarge its defensive obliga pro Formosa and the neighboring Pescadores. It is a treaty of purely no defensive character. That treaty is now before the Senate of the att United States. cla Meanwhile Communist China has pursued a series of provocative mi political and military actions, establishing a pattern of aggressive su purpose. That purpose, they proclaim, is the conquest of Formose in In September 1954 the Chinese Communists opened up heery to, artillery fire upon Quemoy Island, one of the natural approaches to Formosa, which had for several years been under the uncontested control of the Republic of China. Then came air attacks of mounting Cat intensity against other free China islands, notably those in the vicinity to of the Tachen group to the north of Formosa. One small island to (Ichiang) was seized last week by air and amphibious operations after a gallant few fought bravely for days against overwhelming odds lick There have been recent heavy air attacks and artillery fire against to the main Tachen Islands themselves. for The Chinese Communists themselves assert that these attacks are a prelude to the conquest of Formosa. For example, after the fall o meu Ichiang, the Peiping radio said that it showed a tha nat. determined will to fight for the liberation of Taiwan (Formosa]. Our people wil Uni use all their strength to fulfill that task. Clearly, this existing and developing situation poses a serious danger I to the security of our country and of the entire Pacific area and any indeed to the peace of the world. We believe that the situation is one the for appropriate action of the United Nations under its charter, for the whe purpose of ending the present hostilities in that area. We would T welcome assumption of such jurisdiction by that body. Meanwhile, the situation has become sufficiently critical to impe me, without awaiting action by the United Nations, to ask the Cor the gress to participate now, by specific resolution, in measures designed late 1 to improve the prospects for peace. These measures would contem- plate the use of the Armed Forces of the United States if necessary to resc assure the security of Formosa and the Pescadores The actions that the United States must be ready to undertake are to I of various kinds. For example, we must be ready to assist the reas Republic of China to redeploy and consolidate its forces if it should so desire. Some of these forces are scattered throughout the smalle A offshore islands as a result of historical rather than military reasons whi directly related to defending Formosa. Because of the air situation in the area, withdrawals for the purpose of redeployment of Chinese Chi Nationalist forces would be impractical without assistance of the bee Armed Forces of the United States. attack upon Formosa, and be prepared to take appropriate military Com action. nei COD TECI are: the and Ari em Coi 1 Treaty of Dec. 2, 1954; supra, pp. 945–947. THE FAR EAST AND SOUTHEAST ASIA 2485 les to _f the been flaunted to the whole world by words and by deeds. Just as Armed Forces of the United States or any acceleration in military Creati emergency arises requiring any change, I will communicate with the urely now awaiting ratification. But, unhappily, the danger of armed f the attack directed against that area compels us to take into account closely related localities and actions which, under current conditions, cative might determine the failure or the success of such an attack. The BSite authority that may be accorded by the Congress would be used only nosa . in situations which are recognizable as parts of, or definite preliminaries neayy to, an attack against the main positions of Formosa and the Pescadores. Authority for some of the actions which might be required would be ested inherent in the authority of the Commander in Chief. Until Congress nting can act I would not hesitate, so far as my constitutional powers extend, cinity to take whatever emergency action might be forced upon us in order sland to protect the rights and security of the United States. utions However, a suitable congressional resolution would clearly and pub- odds licly establish the authority of the President as Commander in Chief ainst to employ the Armed Forces of this Nation promptly and effectively for the purposes indicated if in his judgment it became necessary. It ts are would make clear the unified and serious intentions of our Govern- all of ment, our Congress, and our people. Thus it will reduce the possibility that the Chinese Communists, misjudging our firm purpose and national unity, might be disposed to challenge the position of the ole wil United States, and precipitate a major crisis which even they would neither anticipate nor desire. 8nger In the interest of peace, therefore, the United States must remove and any doubt regarding our readiness to fight, if necessary, to preserve is one the vital stake of the free world in a free Formosa, and to engage in or the whatever operations may be required to carry out that purpose. To make this plain requires not only Presidential action but also congressional action. In a situation such as now confronts us, and impel under modern conditions of warfare, it would not be prudent to await Com the emergency before coming to the Congress. Then it might be too igned | late. Already the warning signals are flying. I believe that the threatening aspects of the present situation, if ary to resolutely faced, may be temporary in character. Consequently, I recommend that the resolution expire as soon as the President is able se are to report to the Congress that the peace and security of the area are to the reasonably assured by international conditions, resulting from United Again I say that we would welcome action by the United Nations as which might, in fact, bring an end to the active hostilities in the area. This critical situation has been created by the choice of the Their offensive military intent has they created the situation, so they can end it if they so choose. What we are now seeking is primarily to clarify present policy life and to unite in its application. We are not establishing a new policy. liter consequently, my recommendations de not call for an increase in the 3 would ntem- ald so Nations action or otherwise. maller hinese Chinese Communists, not by us. ment 2486 AMERICAN FOREIGN POLICY, 1950-1955 peace and security of the West Pacific Area and particularly oi Pacific Island chain, of which Formosa is a part, is essential to the vital interests of the United States and all friendly nations in 169 Stat. 7. See also White House statement of Jan, 27, 1955 (Department of State Bulletin, Feb. 7, 1955, pp. 213-214) and President Eisenhower's statement gressional resolution will be to calm the situation rather than to create further conflict. One final point: The action I request is, of course, no substitute for the treaty with the Republic of China which we have signed and which I have transmitted to the Senate. Indeed, present circum stances make it more than ever important that this basic agreement should be promptly brought into force, as a solemn evidence of ou determination to stand fast in the agreed treaty area and to thwart all attacks directed against it. If delay should make us appear in Std decisive in this basic respect, the pressures and dangers would surely | Ur mount. FO Our purpose is peace. That cause will be served if, with FOW pu help, we demonstrate our unity and our determination. In all that we age do we shall remain faithful to our obligations as a member of the ted United Nations to be ready to settle our international disputes by fri peaceful means in such a manner that international peace and security, be ind justice, are not endangered. the For the reasons outlined in this message, I respectfully request that the Congress take appropriate action to carry out the recommende the tions contained herein. 77. CONGRESSIONAL AUTHORIZATION FOR THE PRESI DENT TO EMPLOY THE ARMED FORCES OF THE UNITED STATES TO PROTECT FORMOSA. THE PESCADORES, AND RELATED POSITIONS AND TERRITORIES OF THAT AREA: House Joint Resolution 159 (84th Congress, 1st Session), January 29, 1955 1 Whereas the primary purpose of the United States, in its relations with all other nations, is to develop and sustain a just and enduring peace for all; and Whereas certain territories in the West Pacific under the jurisdiction of the Republic of China are now under armed attack, and threats munists that such armed attack is in aid of and in preparation for and declarations have been and are being made by the Chinese Cor armed attack on Formosa and the Pescadores, Whereas such armed attack if continued would gravely endanger the Formosa and the Pescadores; and Whereas the secure possession by friendly governments of the Western na W19 78 1 Pr So Ze: off ME thi mi ini ish SI 1 1 or bordering upon the Pacific Ocean; and of Jan. 29, 1955 (ibid., p. 214). THE FAR EAST AND SOUTHEAST ASIA 2487 Department of State Bulletin, Feb. 14, 1955, pp. 252-253. an to rcum- ement of our of the Com threatening situation results directly from intensified Chinese Com- Whereas the President of the United States on January 6, 1955, sub- mitted to the Senate for its advice and consent to ratification a titute Mutual Defense Treaty between the United States of America and d and the Republic of China, which recognizes that an armed attack in the West Pacific area directed against territories, therein described, in the region of Formosa and the Pescadores, would be dangerous to the peace and safety of the parties to the treaty: Therefore be it hwart Resolved by the Senate and House of Representatives of the United ar in States of America in Congress assembled, That the President of the surel United States be and he hereby is authorized to employ the Armed Forces of the United States as he deems necessary for the specific FOU purpose of securing and protecting Formosa and the Pescadores hat we against armed attack, this authority to include the securing and pro- tection of such related positions and territories of that area now in ces by friendly hands and the taking of such other measures as he judges to urity , be required or appropriate in assuring the defense of Formosa and the Pescadores. t that This resolution shall expire when the President shall determine hence that the peace and security of the area is reasonably assured by inter- national conditions created by action of the United Nations or other- wise, and shall so report to the Congress. RESI78. SECURITY COUNCIL CONSIDERATION OF THE QUES- TION OF HOSTILITIES IN THE FORMOSA (TAIWAN) AREA: AND Remarks by the United States Representative 3 Before the Se- REA: curity Council, January 31, 1955 4 In the few remarks which I shall make I shall first refer to the item proposed by New Zealand 5 and then to the item proposed by the The United States favors inscribing the item proposed by New We agree that the hostilities in the area of the Chinese iction ofshore islands have produced a situation which endangers the hreats maintenance of international peace and security. The present munist military pressures against the offshore islands which began on September 3, 1954, when the Chinese Communists without warning mitiated a heavy and long continued artillery barrage against Quemoy. nly o The Chinese Communist Iand, sea, and air assaults against the offshore islands from the Tachens to Quemoy have continued intermittently since that date. Only recently, the Chinese Communists attacked ITED nuary ations Juring Soviet Union. Zealand. on for er the ester to the ons in S. Exec. A, 84th Cong., 1st sess. ? Supra, pp. 945–947. 3 Henry Cabot Lodge, Jr. 4 rtment tement " See letter of Jan. 30, 1955, from the Soviet representative;ibid., pp. 253–254. 2488 AMERICAN FOREIGN POLICY, 1950–1955 OU 6 WE דנו mt syllable in it. It is purely defensive. It reflects the true views communism. There is the real aggressor. The Soviet representative What is aggressive in the modern world, Mr. President, is and overran the island of I-chiang, which up to then was under con- ki tinuous control of the Government of the Republic of China. WE The forces of the Government of the Republic of China have limited th their response to these attacks to operations of a purely defensive its character in the immediate vicinity designed to reduce the capacity ob of the Chinese Communists to continue the attacks. The danger to the peace which exists as a result of this situation can only be removed through the cessation of hostilities. les The United States Government believes that recourse to the ta Security Council is desirable and therefore endorses the initiative it commendably taken by the New Zealand representative in this matter. Now, Mr. President, let me say a word about the Soviet item . it The Soviet Union tells us not to interfere, if you please, in the internal affairs of another country. That is the phrase. Here it is—you can read it for yourself—from the letter signed by the Soviet repre- sentative, "the intervention of the United States of America in the internal affairs of China," etc. K Now, Mr. President, when I hear the Soviet Union telling others A not to interfere in the internal affairs of another country, I really by feel that I can honestly say that I have heard everything! Here is this Soviet regime wbich always interferes to the maximum I extent possible in the internal affairs of all countries, which bas inter- it fered and is interfering with deadly effect and to the fullest extent of its power in the internal affairs of China-here is this regime in a tone of unction, if you please, making a charge of interference against ho the United States. Now, Mr. President, it is not necessary for me to say that the United States has never interfered in the internal affairs of Chinelo and that the entire letter of the Soviet representative and the Soviet T Union item is a preposterous cold war fraud. As a matter of fact, the Soviet statement this morning committed a whole series of flagrant inaccuracies, a few of which I shall briefly correct as follows: The message of President Eisenhower to Congress' does not threaten CH the Chinese Communists with war. There is not one aggressive th of Dwight Eisenhower, our President, who is known to his country- men and is known all over the world as a man of peace, as a man who knows the horrors of war and who is deeply dedicated to peace Then the resolution passed by Congress, and passed by almost unanimous vote, is also purely defensive. It is aimed entirely at pre- venting aggression, The Mutual Security Treaty; to which reference was made is en tirely defensive. It has no aggressive or offensive potentialities what SC St. bc in m T fe 01 m SU al soever. 1 Message of Jan. 24, 1955; supra, doc. 76. ? Resolution of Jan. 29, 1955; supra. I Supra, pp. 945–947. THE FAR EAST AND SOUTHEAST ASIA 2489 3 See infra, pp. 2676-2684. COD ference. It is also the case here and now. ? Cease-fire agreement of July 20, 1954; supra, pp. 750–767. 1 Armistice agreement of July 27, 1953; supra, pp. 724–750. knows full well that the international Communistic organization which his Government controls continues its attempts to dominate mited the world. He must know that if the Soviet Union were to give up insite its support of the international Communist movement, the greatest acity obstacles to organizing peace would disappear. The Soviet representative's utterances this morning let the cat ation out of the bag. I say this because the Soviet Union's actions today leave no room for doubt that international communism would cer- ) the tainly like to take over Formosa or any other place on this earth if jative it could. this Now, Mr. President, in accordance with our custom, we will not oppose putting the Soviet complaint on the agenda, specious though item. it is. We are not afraid of a discussion. In fact, we welcome it. And ernal we are satisfied that after we have told our story all but the hard-core -you professional Communists will applaud what we have done. epre- Our whole effort-the whole effort of the United States Govern- n the ment–is for peace. The world knows that we agreed to a truce in Korea,' to a settlement in Viet-Nam; 2 the world also knows, as Sir then Anthony Eden once pointed out, that no one has ever been enslaved cally by the United States. What the Soviet Union proposes is the standard Communist line. I doubt if many persons really believe it, least of all those who utter nter- it and write it. I hope I will be proved wrong, but I very much fear xtent that this latest Communist move is merely a rather obvious smoke- in a screen to conceal the Communist refusal to agree to a cessation of cainst hostilities. If the Communists really are opposed to war and violence, as their statement affirms, they can easily demonstrate it by joining the peace- China loving nations of the world in supporting a cessation of hostilities. oviet That is why we of the free world are here today. (Following discussion of the question by the Security Council, Am- ciefly bassador Lodge continued:] The United States agrees that the Security Council should invite the Chinese Communist regime to send a representative to be present at the Council's discussion of the New Zealand item. We believe that in any effort to end an armed conflict to which the Chinese Com- munist regime is a party, it is useful for this regime to be present. This was our attitude in 1953 concerning the Korean Political Con- Our support for this motion has no bearing whatever on the question of our opposition to the representation of China by the Chinese Com- munists in the United Nations or in any body thereof. Nor does our support for this motion imply any change in our established attitude against recognition of the Chinese Communist regime. mum the itted caten ssive views atry- man eace. most pre- en- hat- t, is tive 2490 AMERICAN FOREIGN POLICY, 1950–1955 4 Far mer 5 Ibid., p. 255. See also statement of Feb. 11, 1955, by the Department of 79. INVITATION TO THE "PEOPLES REPUBLIC OF CHINA" giti TO SEND A REPRESENTATIVE TO THE SECURITY COUNCIL this DISCUSSION OF THE FORMOSA (TAIWAN) QUESTION: 1 Cablegram From the Secretary-General of the United Nations to the the Chinese Communist Premier, January 31, 1955 2 son the in I HAVE THE HONOUR TO TRANSMIT TO YOU THE FOLLOWING IN- as FORMATION: und THE SECURITY COUNCIL AT ITS 690TH MEETING ON 31 JANUARY 1955 1 DECIDED TO INCLUDE THE FOLLOWING ITEMS IN ITS AGENDA: mu "1. LETTER FROM THE REPRESENTATIVE OF NEW ZEALAND DATED We 28 JANUARY 1955 TO THE PRESIDENT OF THE SECURITY COUNCIL CON- CERNING THE QUESTION OF HOSTILITIES IN THE AREA OF CERTAIN ISLANDS OFF THE COAST OF THE MAINLAND OF CHINA (S/3354).3. 81. "2. LETTER DATED 30 JANUARY 1955 FROM THE REPRESENTATIVE OF THE UNION OF SOVIET SOCIALIST REPUBLICS ADDRESSED TO THE PRESI- DENT OF THE SECURITY COUNCIL CONCERNING THE QUESTION OF ACIS OF AGGRESSION BY THE UNITED STATES OF AMERICA AGAINST THE PEOPLES REPUBLIC OF CHINA IN THE AREA OF TAIWAN AND OTHER ISLANDS OF CHINA (s/3355). IN APPROVING ITS AGENDA THE COUNCIL DECIDED THAT IT WOULD 001 COMPLETE CONSIDERATION OF THE FIRST ITEM BEFORE PROCEEDING TO DISCUSS THE SECOND, IT FURTHER DECIDED TO EXTEND AN INVITATION TO THE CENTRAL PEOPLES GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA TO SEND A REPRESENTATIVE TO BE PRESENT IN THE COUNCIL DURING THE DISCUSSION OF THE FIRST ITEM AND TO PARTICIPATE IN THE DEBATE tha IN ORDER TO PRESENT THE VIEWS OF YOUR GOVERNMENT. po the fra 80. UNITED STATES ASSISTANCE TO THE REPUBLIC OF KO ot! CHINA IN THE EVACUATION OF THE TACHEN ISLANDS: Imre Statement by the Department of State, February 5, 1955 The Government of the Republic of China has informed the U.S. Government that it will redeploy its military forces from the Tachens , a group of small islands 200 miles north of Formosa, to other positions. Da It has requested the aid of U.S. forces in protecting and assisting the redeployment of these military forces and the evacuation of such civilians as desire to leave those islands. The U.S. Government has be 1 Chou En-lai. 2 U.N. doc. S/3358, Feb. 4, 1955. See also Chou's reply, dated Feb. 3, 1956; Department of State Bulletin, Feb. 14, 1955, pp. 254-255. 3 Ibid., p. 253. • Ibid., pp. 253-254. pp. House (ibid., Feb. 28, 1955, pp. 332-333). ma an 5 mi WE the COI USE 1 E THE FAR EAST AND SOUTHEAST ASIA 2491 1 Resolution of Jan. 29, 1955; supra, doc, 77. Department of State Bulletin, Mar. 28, 1955, pp. 526-527. Statement of Feb. 25, 1955; Department of State Bulletin, Mar. 7, 1955, NA" given orders to the Seventh Fleet and other U.S. forces to assist in NCIL this operation. ION: The U.S. Government has further advised the Chinese Government ns 60 that with the object of securing and protecting Formosa, in con- sonance with the congressional resolution approved January 29, 1955, the U.S. Government will extend assistance to the Republic of China in defending such related positions and territories now in its hands as the United States deems to be essential to the defense of Formosa and the Pescadores. It is hoped that these steps will contribute to a cessation of Com- munist attacks and to the restoration of peace and security in the West Pacific. I IN 1955 ATED CON TAIN E OP 81. CONDITIONS FOR UNITED STATES DEFENSE OF QUE- MOY AND THE MATSU ISLANDS: Transcript of a News Con- ference of the Secretary of State, March 15, 1955 (Excerpt) RESI- 2 ACTS THE THER DULD DING TRAL SEND THE BATE At his news conference on March 15, Secretary Dulles was asked a series of questions relating to United States defense commitments in the Far East and Southeast Asia and its plans for implementing these arrange, ments. He was asked at the outset whether the United States would commit American forces to specific points in the area. Secretary Dulles made the following reply: No, there has been no change in the basic U.S. policy which I announced first at Manila 3 and repeated at Bangkok. That is that we believe that our most effective contribution to the defense of the entire area is by a strategic force with a high degree of striking power by sea and by air. That power is available to be used wherever the occasion arises. U.S. policy is not to split that power up into fragments of which one part is irrevocably committed, let us say, to Of Korea , and another part irrevocably committed to Japan, and an- DS: part irrevocably committed to the Ryukyus, and another part rrevocably committed to Formosa, and another part irrevocably com- mitted to the Philippines , and another part irrevocably committed to U.S. various parts of Southeast Asia. If you are going to divide our strength up, and irrevocably commit parts of it to each one of the areas which are in danger and which We are committed to help to defend, you may not have enough at the area which is attacked. We don't know where the attack is coming, and a commitment which would deprive us of the right to use our full power wherever the need arose would not, in my opinion, be in the interests of anybody involved. 355; other ens, ons. the uch has t of hite pp. 374-375. 2492 AMERICAN FOREIGN POLICY, 1950–1955 agree reca HUSE NO E A 2 The Secretary visited Taipei, Mar. 3, 1955, for the purpose of exchanging of 81 Asked how this related to the possible defense of the Islands of Quemay and Matsu, the Secretary replied: both The situation there is inherently speculative because it depends Secre upon the intentions and purpose of the Chinese Communists. The I treaty that we have with the Republic of China excludes Quemog and Matsu from the treaty area. That was done with much thought that and deliberation. Therefore, the treaty does not commit the United be wa States to defend anything except Formosa and the Pescadores, and Fou the to deal with attacks against that treaty area. that Public Law 4, which authorizes the President to use the armed forces of the United States in relation to the defense of Formosa and Secu the Pescadores, also allows the President to use those armed forces in relation to related areas if in the opinion of the President that is A necessary or appropriate for the defense of Formosa and the Pescadores. Therefore, the issue is, would an attack on Quemoy, Matsu, perhaps W elsewhere, be part of an attack against Formosa and the Pescadores ? If so, then both under the treaty and under the law the President meet would presumably react with U.S. force. If the President judges no Chic that the attack is not related to an attack on Formosa and the Pesca- call dores, then neither the treaty nor the law gives him authority to act . Up to the present time the Chinese Communists have indicated that their operations in the Formosa Straits are designed against and Formosa and the Pescadores. When islands such as the Tachens were taken over, they did not. say, “We have now regained some islands”; they said, “We have now gained a better position from WE which to attack Formosa." So that as the situation now stands, on renu the basis of the record made by the Chinese Communists, it would ot & seem that their operations are designed against Formosa and the agai Pescadores. Because of that fact, when I was in Taipei for our consultations of t there, and there were also military consultations, account was taken that of the fact that it might in the future be judged by the President at få that the defense of Quemoy and the Matsu Islands was called for because of the intention of the Chinese Communists to make their operations an attack against Formosa. On the other hand, I don't 82 know whether an attack will come; I don't know when it will come, i. (I may be next week, it may be next year, it may be never. I cannot foresee or attempt to judge for myself, much less on behalf of the President, what the circumstances may be. Therefore, it is inevitable that the situation should be in some ambiguity, because, as I say, areas are outside of the treaty area and the question of the U.S. 1789 of force for their defense depends upon the circumstances under which an attack upon them occurs. Secretary Dulles was asked about the statement of the British Foreign in Secretary that the British were seeking to get a renunciation of force by 1 Resolution of Jan. 29, 1955; supra, doc. 77. instruments of ratification of the Mutual Defense Treaty with China. Porn Whe of A the these mad T peo 18 Choi 2 THE FAR EAST AND SOUTHEAST ASIA 2493 emoy res in | made the following reply: Ereigt in Peiping. We have made perfectly clear our desire that there Chou En-lai (supra, doc. 79) and Chou's reply, dated Feb. 3, 1955 (Department 1 See cablegram of Jan. 31, 1955, from Secretary-General Hammarskjold to zigin of State Bulletin, Feb. 14, 1955, pp. 254-255). ? Ibid., Apr, 18, 1955, pp. 643–644, lemon both the Chinese Communists and the Chinese Nationalists. Is that in agreement with our position and did you discuss that with Mr. Eden, the pends Secretary was asked. He replied: The I made clear, as I think the President has repeatedly made clear, bught that we do not believe in or desire the solution to these problems to nited be worked out through the use of force, and that a cease-fire, which and would end the actual hostilities in this area, would be welcomed by , the United States. So far, there has been no evidence whatever rmed that the Chinese Communists would accept a cease-fire, and, as you t and recall, they rejected an invitation to come to the United Nations Security Council to discuss that matter.1 lat is Asked whether the renunciation of the use of force without a renunciation the of a a claim, as Mr. Eden suggests, would be considered the equivalent of a conse-fire by this Government, the Secretary replied: rhaps Well , if there were a renunciation of the use of force, that would ident meet the immediate requirements of the situation and there would be idges no necessity that I can see for anybody, either on the Republic of China's side or the Communists' side, to renounce what they might esc&- call their legal pretentions, their legal claims. Asked what the United States position would be if an attack on Quemoy and Matsu were accompanied by renunciution of the use of force against chens Formosa, Secretary Dulles replied: from Well , it would depend a good bit on whether we accepted that $, on renunciation at face value, or whether we judged it as merely a trick vould or a device. If in fact the President judged that there was no attack I the against Formosa and the Pescadores, then it would be questionable whether the treaty and the law gave authority to use the armed forces tions of the United States. But, as I say, we have learned before now aken that the Communists' protestations are not necessarily to be taken ident | at face value. for their don't 2. DEFENSE OF THE FORMOSA (TAIWAN) AREA: Transcript of a News Conference of the Secretary of State, April 5, 1955 ndot (Excerpt) 2 At his news conference on April 5, Secretary Dulles was asked about these the prospects of war or peace in the Formosa area. Secretary Dulles To answer that question would require me to read the minds of people to whom I have no access; that is, the Communist leaders ce by ) act . cated ainst some ze, it f the table use nder 2494 AMERICAN FOREIGN POLICY, 1950–1955 0. 1 班级​,m%Ew仙儿 ​ext There is a very active exchange of advice steadily going possible the dangerous elements there. Whether we shall succeed Chinese Communists are willing to have an abandonment of force shall be no war, our desire that there shall be a cease-fire. So , if there is any war, it will be entirely due to the provocation and the initiative of those who unfortunately may not be subject to the pacific purpose which they proclaim. If, in fact, the Chinese Com- munists are faithful to what they talk about-peace—then there will be no fighting in the area. Asked whether the release of the Chinese students on April 21 was intended as an indication of our preference for peace rather than wu, the Secretary replied: In a broad sense you can say that it was indicative of our desire th to keep our relations with the Chinese Communists on, you might th call, a civilized, peaceful basis. We did not desire to be in a position of holding any persons as hostages, and in fact they have never been so held. We have pushed ahead to complete the process of clearances , including the necessary legal steps which have to be taken, I believe if by the Department of Justice. As soon as those were completed . , we announced these people were free to go. In the same way, we recently turned back at Hong Kong seven ago Communist fishermen that had been picked up in a storm and rescued. m In some quarters the suggestion had been made that we should hold them as a barter. We do not believe in bartering human being and we hope that our conduct and example in that regard might th possibly have some influence in Communist China. of Asked whether this was done at the suggestion or request of of Hammarskjold, Mr. Dulles replied: th No. Mr. Hammarskjold is dealing only with the prisoners of War th who were in the United Nations Command, and he has not concerned himself particularly about the civilian situation. As far as I am aware, Mr. Hammarskjold was not informed about the steps to shi were taking to release these civilians. He was informed of the steps which we took to release the seven fishermen that I referred to That took place some weeks ago. do Asked whether any new steps had been taken or if any were in prosto pect to find a common allied position with regard to Formosa through diplomatic channels or through the United Nations, Secretary Dulles replied: We are in close contact with the nations having an interest in the und part of the world, and we have frequent discussions with their repre sentatives thi gerous situation, and we want to eliminate to the maximum degree an Mr. th: an to to either de 81 BI thi 81 dar in 1 1 See statement of Apr. 2, 1955, by the Department of State; infra, doc. 9l THE FAR EAST AND SOUTHEAST ASIA 2495 " Treaty of Dec. 2, 1954; supra, pp. 945--947. 2 Joint resolution of Jan. 29, 1955; supra, doc. 77. 8 _and o the Com- 1 was 1 UUT ances , scued. eings , Asked to comment on the fact that the Canadians have stated publicly that they would not back us if war comes out of Quemoy and Matsu and whether that represented a divided allied position, the Secretary replied: No. On the contrary, as a result of my trip up there there is a e w much closer understanding between our two Governments than had existed before. We have never expected that if there were a war in the Formosa area the Canadian Government would be a partici- pant in that war. They have no treaty arrangements of any kind which relate to that part of the world, and that kind of support has never been anticipated. I think there is now an understanding of desire the problem and that our relations in that respect are much better than they have been before. sition been Asked whether he believed that the overall world position of the United States would necessarily be weakened or might in fact be strengthened elieve , if the United States were to base its commitments in the Formosa area oleted exclusively upon Formosa and the Pescadores, the Secretary replied: I have said many times, and I am glad to have a chance to say seven again, something which I can repeat by heart: The only commit- ment of the United States in that area is based exclusively on Formosa should and the Pescadores. We have a treaty which confines the treaty area to Formosa and might the Pescadores. We have a law which says that the armed forces of the United States can be used in that part of the area for the defense of Formosa and the Pescadores. We have no commitment any kind, sort, or description, expressed or implied, which binds the United States to anything except the defense of 'Formosa and of war Now w you get to the question if there seems to be an attack I am against Formosa and the Pescadores, how do you defend against that attack? That is the only question. Some people say that we steps should announce in advance precisely how we are going to defend ed to and carry out our commitment on Formosa and the Pescadores and to say we will carry out that commitment by doing this or by not doing that. Once you extend your commitment to defend Formosa to a commitment as to particular means which you may use for you are getting into very difficult ground. We have A commitment, certainly, to defend the United States of America. But nobody yet has required us to state publicly precisely what the thel means would be of defense in the event of certain types of attack which cannot be predicted. I repeat again and again and again- that our only commitment is to defend Formosa and the Pescadores and if there were no challenge to Formosa and the Pescadores, then there wouldn't be any question as far as we are concerned of fighting Mr. of the Pescadores. cerned PS WE pros- either defense, then cretary 1 repre- going y dar degree in that area. ucceed er the force . 91 2496 AMERICAN FOREIGN POLICY, 1950–1955 me 1 us CUS negotiations with the United States Government to discuss the question of re- Asked if he were saying in that connection that we would not aid the Chinese Nationalists to defend Quemoy and Matsu for the sake of Chinese Com Nationalist morale, Mr. Dulles replied: Unless that were vital for the defense of Formosa and the Pescadores It all comes back to that. the SOM sho 83. RELAXING TENSION IN THE FORMOSA (TAIWAN) AREA: Ta Statement by the Department of State, April 23, 1955 ta!! the The Department of State has received press reports concerning the the statement of Chou En-lai at the Bandung conference. The United States always welcomes any efforts, if sincere, to bring peace to the world. In the Formosa region we have an ally in the free the Republic of China, and of course the United States would insist on free China participating as an equal in any discussions concerning the area. If Communist China is sincere, there are a number of obvious Ir steps it could take to clear the air considerably and give evidence before the world of its good intentions. One of these would be to Th: place in effect in the area an immediate cease-fire. It could also oft 1 immediately release the American airmen and others whom it unjustly holds. Another could be the acceptance of the outstanding invita- tion by the Security Council of the United Nations to participate in Com discussions to end hostilities in the Formosa region.3 the of 84. POSSIBILITY OF NEGOTIATING A CEASE-FIRE ARRANGE- Au MENT: Transcript of a News Conference of the Secretary of by State, April 26, 1955 - tha Q. Mr. Secretary, would you agree with Senator George that the United States should sit down and talk with Red China even though Nationalist China might not be present? A. That depends on what we talk about and whether there is evi- dence that such talks would be held in good faith on both sides. We are not going to talk about the interests of the Republic of China behind its back. 1 of Bulletin, , 2 Statement of Apr. 23, 1965.". The Chinese people are friendly to the America can people. The Chinese people do not want to have war with the United States of America, The Chinese Government is willing to sit down and enter inte Times, Apr. 24, 1955, p. 1). 3 See Secretary-General' Hammarskjold's cablegram to Chou En-lai, Jan. 31 1955; supra, doc. 79. 4 Department of State Bulletin, May 9, 1955, pp. 755–759. WOD as sta are wit me befi Tec on m2 1 2 ܀ THE FAR EAST AND SOUTHEAST ASIA 2497 1 Statement of Apr. 23, 1955; supra. 2 Address of Apr, 16, 1953; supra, pp. 65–71. ores. eace ton ence I the Q. Mr. Secretary, I believe you said you would try to find out if the Communists are sincere. What steps do you have in mind to do that? A. There are inquiries that we can make through friendly govern- ments to find out what the Communists have in mind. For example, the statement as made by Chou En-lai the last day at Bandung is somewhat cryptic in that he said in substance that no conference should deny the sovereign right of the People's Republic to "liberate" EA: Taiwan. if that means that the Communists are not prepared to talk about a cease-fire in the area, if they are not willing to give up the achievement of their ambitions through force, then obviously ning there would be no reason that I can see to talk with them. The 9. Mr. Secretary, in the light of what you said this morning, are we right in assuming that the conditions, or what seem to be conditions, in free the Saturday statement of the State Department are not regarded by you a conditions prior to discussion with the Chinese Communists? ning À. There are two paragraphs in the State Department release, as ious Trecall . The first paragraph said in substance that we would not dis- cuss a disposal of the area in the absence of the Chinese Nationalists. e to That stands as a precondition. We are not going to deal with the rights also of the Chinese Nationalists, and their claims, in their absence. istly Now, the other paragraph mentions certain things which it said vita- would clear the air and be evidence of sincerity. Those are not stated ce in as conditions precedent. It said that it would be helpful if the Chinese Communists would release our flyers, etc. Those things were not stated as conditions and were never intended to be conditions. They are very much like what the President and I often said in relation to the rulers of the Soviet Union—that it would be very helpful evidence of their sincerity if they would do certain things such as signing the of Austrian treaty. That was one of the things mentioned 2 years ago . by the President in his "Chance for Peace" address. Nevertheless, that was never regarded as an indispensable prerequisite to talking ited with the Soviet Union. Actually, before any Austrian treaty, I did alist meet with the Soviet Union at Berlin.3 9. Mr. Secretary, did you see the statement or approve the statement before it was issued on Saturday? We A. No, I was away. When I get away I am really away, up there 9. Mr. Secretary, there is a report that the statement was very badly received by our friends and elsewhere in the free world. Will you comment GE- 1 evi- ning on that? neri ates into re ork A. No, except I am not aware of the fact. 9. Mr. Secretary, would official talks, as proposed by the Chinese Com- munists , be tantamount to a semirecognition of the Red Government? 31, 41590057-TOL. 2- -54 2498 AMERICAN FOREIGN POLICY, 1950–1955 RE MC 10 OD OE fat CO VE Y to m th U f A. No, we have made that perfectly clear when we talked to them before. Remember that it would be nothing new for us to talk with the Chinese Communists. We negotiated the armistice in Korea with the Chinese Communists. We had some discussions with the Chinese Communists at Geneva.? We made it perfectly clear on both occasions, in fact, it was said explicitly in the Berlin resolution which convoked the Geneva conference, that the fact that we met to- gether would not involve diplomatic recognition. Of course that would also be explicit in any further talks we had. Q. Mr. Secretary, would you be willing to undertake direct negotiations with the Chinese Communists providing they agreed to participation of Nationalist China, or would you prefer that they be held under the auspices of the United Nations? A. We believe it to be preferable that negotiations should be held under the auspices of the United Nations, and I do not give up hope that they might be held under those auspices. I read last night, the first time I had a chance to do so, the final communiqué of the Bandung conference.4 What impressed me, as I read through it, was the extent to which that communiqué talks about the United Nations. Almost every paragraph brings in the United Nations and the various activi- ties of the United Nations. Since that communiqué was acceptable to the Chinese Communists, perhaps they do not have such a repug- nance to the United Nations as seemed to be the case when last January they were invited by the United Nations to have discussions Q. Mr. Secretari', are you planning to take any steps to revive the United Nations effort in this matter? A. I doubt whether it is useful to revive the United Nations effort at this particular juncture without preliminaries to find out if it would be apt to succeed. Q. Mr. Secretary, do we definitely plan to make these inquiries through friendly governments? I think you said we might. A. I said we might because these matters all require a certain amount of deliberation. What was said at Bandung is coming in gradually-some I only got this morning, in fact, from some of the friendly governments. Therefore, we have not had an opportunity yet to formulate anything so definite that I could speak in the past tense, as of something already decided. Q. Mr. Secretary, do you attach any significance to the fact that the Chinese Communists proposed bilateral negotiations with us and that the , pp. 2 See The Korean Problem at the Geneva Conference, April 26-June 16, 1860 (Department of State publication 5609; 1954). 3 Infra, p. 2685. 5 See Secretary-Generai Hammarskjold's cablegiam of Jan. 31, 1955, to Choy Én-lai , the Chinese Communist Premier" (supraz "doc. 79) and Chou's reply of Feb. 3, 1955 (Department of State Bulletin, Feb. 14, 1955, pp. 254–255). 0 to ta 8 8 Y } ( { 1 THE FAR EAST AND SOUTHEAST ASIA 2499 c with ores! that 07 held 1 last haps bilaterally, or at the United Nations, or possibly under other then Russians not long ago proposed a 10-power conference to discuss the same matter, or the Formosa issue? ob the A. I noticed that fact, and I thought it had a certain significance. ar on lution Q. Which would you prefer? let to A. Well, I found quite unacceptable the Soviet proposal for a 10-power conference with the composition suggested and with the omission of the Chinese Nationalists from that group. Much depends ations on what it is you are going to discuss—the subject matter of the con- ion of ference. The agenda, so to speak, itself operates to determine to a considerable extent who it is that ought to be there. So far we are very much in the dark as to what might be discussed. Q. Mr. Secretary, does that mean you would not rule out bilateral talks? hope You would not rule it out? t, the A. No. dung xtent Q. Mr. Secretary, you started to say you would attach some significance Imost to this, and then you did not say what significance you would attach- ctivi- table A. It tends to confirm the fact that in this area the Chinese Com- munists exercise, I think, a measure of independence. I think that epus- their basic policies are undoubtedly coordinated with the Soviet ions Union and that the Party discipline is exerted in both countries along fundamental lines. But certainly as respects details, the application se the of agreed principles, there is a far greater measure of independence exercised by the Chinese Communists than is the case with reference to the satellite countries of Europe, for example. effort Q. Mr. Secretary, in the Chou En-lai proposal he spoke not only of the specific Formosa problem but of the general Far East problem. Is it your view that our position is that we should settle the Formosan problem ong me we get into a larger discussion with Communist China, or is it possible to have a larger discussion in which Formosa can be a part of it? A. The first thing, it seems to me, that requires to be determined is whether we must prepare for war in that area or whether there is apt to be a cease-fire in the area. nity One cannot very well settle matters under the threat of a gun. So far there has been nothing There has been and there is still continu- i very large buildup, particularly of Chinese Communist air the capabilities, in the Formosa Straits area. There has been until quite recently a very violent propaganda campaign to the effect that they were going to take Formosa by force and that the islands, such as rachen, were useful to carry out their program of force. As say, you do not negotiate—at least, the United States does not negotiate--with a pistol aimed at its head. The first thing is to find out whether there is a possibility of a cease-fire in the area. That is a matter which can be discussed per- circumstances.But I regard a cease-fire 'as the indispensable pre- 3 rould before taid the Dast but war threats in the area. ing 950 hou of if th 且​m th OD mi ins sta W the Se the 1 See statement of Apr. 20, 1955, by the Department of State; Department of 2500 AMERICAN FOREIGN POLICY, 1950–1955 requisite to anything further. When you get into further matters , then the interests of the Chinese Nationalists would naturally come to play a very large part. Q. Mr. Secretary, have the Nationalist Chinese accepted the concept of a cease-fire? Are they prepared to accept a cease-fire in that area! A. They have indicated opposition to a cease-fire in the area, and in that respect our views do not wholly coincide. At the time when New Zealand put this matter on the agenda of the Security Counci, there was, as I recall, a statement issued by the Chinese Nationalists indicating they did not favor a cease-fire in the area. Q. Mr. Secretary, you said that, after discussing the cease-fire, in other matters the interests of the Chinese Nationalists would play a part Do I understand correctly from what you said that the presence of the Chinese Nationalists would not be indispensable for the discussion of a cease-fire? A. Not as far as concerns a cease-fire which involved the possible interests of the United States, which has undertaken to react to an attack against Formosa. If we could get assurances there was to be no attack against Formosa, we would accept those. Q. Mr. Secretary, it has been suggested that the move by the Chinese Communists--by Chou En-lai at Bandung--did not come as a complete surprise but in fact you had some information, or at least expectations of it--that it figured in your discussions with the President in Augusta and it may perhaps have played some part in the mission of Assistant Secretary of State Robertson and Admiral Radford at Formosa. A. I would say this: It is no secret that we have hoped that the Bandung conference ? would result in a more peaceful attitude on the part of the Chinese Communists. I have sometimes said that I felt that a great deal would depend, as far as the future is concerned, on whether the Chinese Communists came away from Bandu 18 feeling that they had a green light to go ahead and take Formosa by force or whether they felt that to do so would antagonize the good will of the free Asian countries which they were seeking. It is that thought which influenced us as far back as the Bangkok conference. There, you may recall, was introduced a resolution of greeting to the Bandung conference and an expression at that time of the hope that the Bandung conference would set in motion forces for peace. After I was at Augusta with the President, you may recall that I said then that the President hailed the Bandung con- ference and called on it to "exert a practical influence for peace where peace is now in grave jeopardy." 4 We have all along believed that State Bulletin, May 2, 1955, p. 732. * See the communiqué of Apr. 24, 1955, of the Bandung conference; supra , pp. 2344-2352. 3 See statement of Feb. 26, 1955; Department of State Bulletin, Mar. 7, 1956, See Secretary Dulles statement of Apr. 17, 1955; ibid., May 2, 1955, pp. 727-728, he fo I C of 15 oti m 0i re to ho ta 0 T ti p. 373. THE FAR EAST AND SOUTHEAST ASIA 2501 1 Statement of Apr. 26, 1955; ibid., May 9, 1955, p. 754. tters, come ) an Robertson and Admiral Radford did not go out there with the idea if the Chinese Communists would get in contact with the opinion of the free peoples, the free nations of Asia, they would realize much more fully than they have so far that their policy of relying upon force, the policy to which I alluded in the opening statement,' was a policy ncept which it was not in their best interests to follow. 11 I don't think that there occurred any moral or spiritual conversion and on the part of the Chinese Communists. But I do think that there phen may have been a realization of the fact that a real peacefulness, incil , instead of just talk about peace while carrying on war, was from their lists standpoint the best policy. If that has happened, it is something which we can be very glad about. otha 9. Mr. Secretary, do you attribute these encouraging developments to part . Mr. Hammarskjold's negotiations? f the A. I doubt if there is any discernible relationship between the two. of a Q. I just wanted further clarification of my question as to whether sible these considerations played a part in the mission of Admiral Radford and Secretary Robertson in Formosa. s to A. They played a part, although I would not say a decisive part. Q. Mr. Secretary, how much are you able to tell us this morning about the mission of Admiral Radford and Secretary Robertson? olde ions A. Very little, other than to say that the situation in that area usta has been precarious. We did not know whether it would take a turn tant for the better or the worse as a result of the Bandung conference. I have referred already to the buildup that is proceeding on the the China mainland, which has very distinct military implications, some the of which in turn have political implications. In view of that it seemed t 1 useful to have another high-level talk and to have Assistant Secretary ned of State Robertson and Admiral Radford canvass the political and military aspects of the situation in the Formosa Straits in the light V:g by of new developments which had occurred. It was a general , overall pod review of the factors, political and military, and it seemed useful carry that on in a personal, direct way at a high level, such as kok has been done , rather than depend upon cable communication, which in these matters is not always satisfactory. hat 2. Mr. Secretary, could you persuade them to be a little more friendly A. I can't add to what I have said except to say this–Secretary They went over to sit down together as allies, as partners, to discuss the situation that is developing. I must say frankly that I do not Þet know fully today what the outcome of their discussions has been. nese to of 1 to the idea of a cease-fire? 100 nay On- ero hat t of OTA, pp. 55, 2502 AMERICAN FOREIGN POLICY, 1950–1955 OU BU the mu oug if we should get a further clarification which would come spontane- Q. You would like to have the Nationalists be more receptive to the idea of a cease-fire? A. There has been no secret of the fact that the United States has hoped for a cease-fire in the area. The President made that perfectly clear in his message to the Congress. That was last Jant ary when he spoke of what we then thought was the most hopefu No thi route of action before the United Nations to bring about a cease-fire and the acceptance of a principle of the United Nations that nations do should renounce force to accomplish their objectives. There hes been some difference of viewpoint between the Chinese Nationalist or ret and ourselves with respect to that matter, but I am not in a position the to say to what extent that was discussed at Taipei or what the result CL was, because I haven't heard. Q. Mr. Secretary, do I understand you correctly that it would be thi possible for us to accept a declaration from the Chinese Communist as to their willingness to agree to a cease-fire without participation o fin the Chinese Nationalists in any such declaration? Mc A. I think the United States would welcome an assurance of the com abandonment of force by the Chinese Communists in whatever way stil it came. Q. Should it be made a public statement? A. I think it should be public, for unless it was made public we Geox would not have the adequate sanction of the weight of public opinion Th behind it. Q. Mr. Secretary, can you get it down to this: Do we consider it our turn now to get in touch with the Chinese Communists, or do we consider we that we must hear more from the Chinese Communists about this peace conference that Chou En-lai originally proposed? A. I don't know about this question of whose “turn” it is. How:rel ever, I would say this: When the issues are as grave as those that to confront us in the Formosa area, we are not disposed to stand upon protocol. sho A proposal has been made which may or may not be sincere, thri may or may not have any substance to it. We believe that the circumstances under which it was made are apt to give it a greater degree of credibility than perhaps if it had been made under other circumstances. It was made to and in the presence of a very large group of other countries, made to them first privately and then was made publicly. Therefore, a statement made under those com ditions carries greater weight than if, for example, it had been a pure propaganda statement issued by Peiping radio sometime. Now, since a statement was made under those circumstances, ne are disposed to try to probe it further. As to the order of events 820 En sett ask reg On EM which res POS in thi Na Sec qui 1 Message of Jan. 24, 1955; supra, doc. 76. THE FAR EAST AND SOUTHEAST ASIA 2503 Nationalists, and it is quite incredible to me that there should be a to the cusly from the Chinese Communists, that would be well and good. But we shall not merely sit around and wait on that. We may probe States the thing ourselves to find out if it has any substance. that As I say, there was an ambiguous phrase about their sovereign Janu night to “liberate” Formosa which could not be any way impaired. opeful Now, I have said previously that we would not expect the parties to se-fire this struggle, whether the Chinese Nationalists or the Chinese Com- ations munists, to renounce their ambitions. We don't expect that to be done e has any more than we expect that to happen in the case of Germany halists or Korea or Viet-Nam. But even though they retain their ambitions sition retain their claims--they might renounce the use of force to satisfy result their claims and their ambitions. Now I don't know whether what Chou En-lai said was intended to be responsive to what I had previ- ously said on that phase of the matter, or not. That is one of the uld be things which I think deserves further exploration. unists jon of Q. Can you tell us what are the mechanics, what you are doing to find out, what is happening as far as our Government is concerned? Mohammed Ali, the Pakistan Premier, this morning reported he had a of the conversation with Chou and that Chou En-lai told him the door was r Way still open a crack. Also, Chou En-lai told him he felt there was a pos- sibility of successful negotiation, or implied that. He also said Chou En-lai made to him what he regarded as a reasonable proposition for the Betlement of the present crisis. He didn't give the details. Have you ic we asked Mohammed Ali to tell you what the details are or asked him to Dinion give the reaction of the U. S. to this conversation? What are we doing? That is what I want to know. it our 4. I thought I had made clear, in answer to a prior question, that msider we have not yet done anything--that the information hich is pre- requisite to sober, intelligent action is only beginning to come in. Only a few minutes ago did we receive word through the Pakistan Embassy of what you refer to, and we have not yet collected all the How relevant data. Until we have all the relevant data we are not going 9. Mr. Secretary, why should you insist that this evidence of sincerity which should be made public? Would you be satisfied with assurance given to the through diplomatic channels, shall we say, by private diplomacy? A. Well, that is a hypothetical question and I wouldn't want to respond categorically to it. But it does not seem to me that it is possible to make plans on the assumption that there will be a cease-fire in the area unless we can let it be known. It affects all of our own secret agreement to have a cease-fire. I would think it would be quite a problem as to how to keep it secret. peace that to go off doing things. upon reater other large en it -COD- pure S, we ents tane 2504 AMERICAN FOREIGN POLICY, 1950–1955 United States in Communist China. There was prompt acceptance 85. NEGOTIATIONS WITH COMMUNIST CHINA FOR A CEASE wb FIRE ARRANGEMENT IN THE FORMOSA (TAIWAN) AREA: Statement by the Secretary of State at a News Conference, July 28 ou 1955 1 AB GE Last April at the Bandung conference Mr. Chou En-lai suggested be that there should be bilateral talks with the United States. He said hii "The Chinese people do not want to have war with the United States . We are willing to settle international disputes by peaceful means." Immediately (on April 23, 1955) the Department of State responded an by stating that “the United States always welcomes any efforts , il of sincere, to bring peace to the world." 2" Then at my subsequent to press conference (April 26, 1955) I referred to Mr. Chou En-lars for statement and said, “Whether or not that was a sincere proposed remains to be seen. Perhaps the Chinese Communists are merely ba playing a propaganda game. But we intend to try to find out. b) in doing so we shall not, of course, depart from the path of fidelity and Cd honor to our ally, the Republic of China." 3 Developments since then indicate the possibility of obtaining St beneficial results from a continuance of the talks which have been of going on at Geneva for the past year and their restoration to the W original ambassadorial level. Four out of the 15 United Nations prisoners of war have been 90 released. 4 th A few more United States civilians have been released . These results, though meager, are something. Chinese Commune warlike activities, such as had been displayed in relation to I-chiang w and Tachen," have not been resumed and there has been something me TE approximating a de facto cease-fire in the Taiwan (Formosa) ares , The former belligerent Communist propaganda about Taiwan and th against the United States has recently been somewhat subdued. bu In addition, various governments which have diplomatic relations with the People's Republic of China have indicated their own beli ha in the desire of the Chinese Communists to pursue a peaceful path . I en Under these circumstances the United States proposed on July 11 to Mr. Chou En-lai that the talks that had been going on at Geneva recently at the consular level, should be somewhat raised in level the and enlarged in scope. This proposal was made through the inter th mediary of the United Kingdom, which represents the interests of the th communiqué with reference to it was arrived at and simultaneously ag issued in Peiping and in Washington yesterday morning; It was made clear that the offer of the ternited States did not imply ele any diplomatic recognition whatsoever. It was also made clear that tio we were not prepared in any way in these talks to make arrangemenlå 1 Department of State Bulletin, Aug. 8, 1955, pp. 220–221. 2 Supra, doc. 83. 3 of 9, * See statement of June 1,-1955, by the Department of State; infra, doc. 92. 5 See remarks of Jan. 18, '1955, by Secretary Dulles; supra, doc. 75. 8 See infra, doc. 93. m WI Ac THE FAR EAST AND SOUTHEAST ASIA 2505 o Declaration of July 21, 1954; supra, pp. 787–788. It was t98." taining 20usly aggression to bring about the unification of Viet-Nam. 6 Act of the London Conference, Oct. 3, 1954; supra, p. 1481. * Treaty of Oct. 1, 1953; supra, pp. 897-898. EASE which would prejudice the rights of our ally, the Republic of China. AREA: The United States will be represented at Geneva on August 1 by July 2, our Ambassador to Czechoslovakia, U. Alexis Johnson. Ambassador Johnson who represented the United States in the Geneva talks with the Chinese Communists when these talks first rrested began a year ago." Prior to that, as a Departmental officer, he devoted Le said, himself largely to the Korean Armistice negotiations. States The United States is concerned with getting back the American civilians still detained in Communist China. In this connection we ponded are prepared to discuss with the Chinese Communists the status orts, 1 of the few Chinese students in the United States who desire to return sequent to Communist China and who the Chinese Communists claim, without in-lai's foundation, are prevented. roposal We also want to reinforce the efforts of the United Nations to get meret back tbe Americans who as members of the United Nations Command it. in Korea became prisoners of war and are still held by the Chinese ty and Communists. As to other practical matters which might be considered, the United States would like to be sure of precautions taken against a repetition e been of such incidents as involved the shooting down of the Cathay airliner to the with loss of American lives and injury to American civilians. Of course, the basic thing is that which I pointed out in my press e been conference of April 26, namely, “whether we must prepare for war in leased that area or whether there is apt to be a cease-fire in the area." 3 The United States believes that whatever may be the differences chiang which now divide countries, these differences should not be settled by ething recourse to force where this would be apt to provoke international war. The United States has itself consistently acted on that belief. Wher- n and ever we give any military assistance, it is under the explicit condition ed. that it will not be used for aggressive purposes. There is no doubt but what East Germany is part of Germany, but Chancellor Adenauer has given solemn assurance that he will not use force to unite his path. country. There is no doubt that North Korea is a part of Korea, uly 11 but the security treaty which we made with the Republic of Korea ? makes clear that the United States will not extend its protection other than to areas which we recognize as having been lawfully brought under the jurisdiction of the Republic of Korea, and we do not believe aggressive force is such a lawful means. There is no doubt but that North Viet-Nam is part of Viet-Nam, but we stated in connection with the Indochina armistice that we were opposed to any renewal of Both the Republic of China and the Chinese People's Republic claim that the area held by the other is part of China. But in connec- r that tion with the mutual security treaty which the United States made Sea the Mar. 1, 1955, statement by the Department of State; infra, doc. 90. munist area. lations belie! eneva, level inter- of the tance that greed imply ments ? See infra, docs. 97 and 98. Supra, p. 2499. $ See the declaration by the German Federal Republic in Part V of the Final 2. 2506 AMERICAN FOREIGN POLICY, 1950-1955 CO WE W Cl N IC q Dec. 10, 1954 (supra, pp. 947–949) and report of Feb. 8, 1955, by the Senate ments of Aug. 1, 1955, by President Eisenhower and Secretary Dulles regarding the release of American military prisoners by the Chinese Communists (ibid., p. 262) and Secretary Dulles' remarks of Aug. 16, 1955, concerning the Genera with the Republic of China, it was agreed that the Republic o di China would not use force except as a matter of joint agreement, di subject to action of an emergency character which was clearly an T exercise of the inherent right of self-defense.? ta We believe that the principle of nonrecourse to force is valid not merely for the United States and its allies but that it is valid for all We shall hope to find out in the forthcoming talks whether the Chinese Communists accept the concept of a cease-fire in accordance with the United Nations principle of avoiding any use or threat of force which could disturb the peace of nations. No doubt the Chinese Communists will have matters of their om to bring up. We shall listen to hear what they are, and if they directly involve the United States and Communist China we will be disposedur to discuss them with a view to arriving at a peaceful settlement. As President Eisenhower said last night, the the United States will go to any length consistent with our concepts of decency and justice and right to attain peace. For this purpose we will work cooperatively with the Soviets and any other people as long as there is sincerity of purpose and a genuine desire to go ahead.3 That is the principle which will govern the continuation of our talks with the Chinese Communists at Geneva. 86. NEGOTIATION OF A BROAD CEASE-FIRE ARRANGEMENT IN THE FORMOSA (TAIWAN) AREA: Transcript of a News Conference of the Secretary of State, August 2, 1955 (Excerpt ) · At his news conference on August 2, Secretary Dulles was asked series of questions regarding the ambassadorial talks at Geneva between the United States and the People's Republic of Chine . b. Following is a transcript of that portion of the news conference. go Q. Mr. Secretary, are there any obstacles presently on the return of Chinese in this country to the mainland, and do you know of any case of any Chinese here who have been prevented from returning? A. No, there are no restrictions whatsoever on the return to China bi of any of these Chinese here, particularly students, who have expressed a desire to return, and we have tried to ascertain who of them does desire to return. Now Mr. Chou En-lai in his speech the day before yesterday, I think it was, or 3 days ago, said something about Řnancial 1 Treaty of Dec. 2, 1954; supra, pp. 945–947. 2 See notes exchanged between Secretary Dullas and Foreign Minister Yeh ora Committee on Foreign Relations (supra, pp. 957-965). 3 Supra, pp. 111-114. * Department of State Bulletin, Aug. 15, 1955, pp. 260–262. See also stane talks with Chinese Communist representatives. (ibid., Aug. 29, 1955, pp. SI 88 m I 8 W IC Q 01 d p 1 U 341-342 THE FAR EAST AND SOUTHEAST ASIA 2507 rly an epts of 5 broader, in terms of perhaps a U.N. Charter declaration, between the would not engage in force? 1 Address of July 30, 1955; New York Times, July 31, 1955. 2 Statement of July 26, 1955; supra. blic of difficulties. I can't answer whether any of them are in such financial ement, difficulties that they haven't got the money to pay their fare home. That is a question which will no doubt be looked into as a result of the talks taking place at Geneva. But as far as any legal impediments are id not concerned, I can say categorically that there are none. for all . er the Q. Mr. Secretary, about how many of these students are there who rdance want to return to China? You said last week that there were a few. 'eat of A. It is in the general order of under 50. I am sorry I don't have the precise number in my mind. T OWN irectly Q. Mr. Secretary, in that statement of Chou En-lai's, he reiterated an sposed argument that he made before, namely, that there was no point in discuss- t. ing a cease-fire with the United States, since there is no shooting between the two countries. You have taken the point of view, I believe, that the cease-fire is a matter of discussion. How do you reconcile those differing views? ll work ncerity A. I would gather that Mr. Chou En-lai is using that word in a rather technical sense, whereas I have used it in a broad sense. It is : talks quite true that there is no fighting going on at the moment between the Chinese Communists and the United States military forces in the area. On the other hand, there has been very considerable danger of such fighting. And what I have wanted to bring about was an assurance that the Chinese Communists were not planning to use News military force in order to achieve their ambitions in that area. I made that quite clear, I think, in several statements which I have made, and particularly in the statement which I made last week 2 ked & was very glad to note that Mr. Chou En-lai quoted with apparent approval one statement which I had made to the general effect that whatever were the differences which divided countries it should not Ching . be sought to resolve that difference by use of force, and I thought in general the tone of the speech indicated his going further in the renunciation of force than anything he had said before. ase of 9. In other words, if I might follow that, what you are seeking is not a cease-fire in the terms that perhaps most Americans have been thinking about between the Nationalists and the Chinese but something much Chinese Communists and the United States? A. That is correct. And also you must bear in mind that a display of military activity there by the Chinese Communists which was designed to possess themselves by force of Formosa would bring into play our treaty of defense with the Republic of China. 9. Mr. Secretary, could the United States give the Chinese Com- manists assurances in any such discussions that the Chinese Nationalists LENT :)! I eners emin of China essed does refore encial eh 01 Senate state arding (26id. eners -342). 2508 AMERICAN FOREIGN POLICY, 1950–1955 SO si no W PE SI said. I hope that what is taking place either at Geneva or outside of Geneva, and the whole trend of world events, will create a situation 1 See the treaty of Dec. 2, 1954, and notes exchanged Dec. 10, 1954, between A. I think that the treaty arrangements which we have with the Republic of China make it quite clear that it is in our mutual con- templation that force shall not be used. The whole character of that y treaty is defensive. That is underlined throughout the treaty itsel w and in the concurrent understandings that were arrived at in that th connection; so while the United States would not feel that it was in a fe position to act as in any sense an agent for the Republic of China nevertheless I do think that the whole pattern that has been woven there by the United States is in itself evidence that we accept for ourselves, and in our alliances seek to make it a principle of those it alliances, that force shall not be used to achieve national ambitions.be That is the same principle which we invoke and which we hope wil guide the Chinese Communists, and we naturally accept it for our- selves. As you probably know, all of the agreements under which we give military assistance to various countries are very explicit in the their provisions that the equipment shall not be used for any aggressive A purpose. Q. Mr. Secretary, does this also apply to the South Korean declaration of today, I believe it is, that they wish to recover areas below the skik S parallel, including Kaesong and the Ongjin Peninsula? 2 pi A. It would apply equally to that, yes. I Q. Mr. Secretary, you have said that you don't espect the idea of broader no-shooting arrangement to come about out of these current Geneva talks. Do you envisage a high-level talk or how do you expect to R bo bring this about? A. I would expect this to come about primarily as a declaration of policy which leaders or the rulers of a country would make rather than as the subject of a bilateral agreement. Q. Mr. Secretary, will you elaborate a little more on this broader agreement relating to a cease-fire? Just how do you expect it to evolme t. Does it have a U.N. connection, for example? hi A. No. What we hope to arrive at by progressive steps is a situation where the Chinese Communists will have renounced the use of force to achieve their ambitions. That is the thing I have been emphasizing and driving at for months because, if they are not willing to do that, if they want to use force to achieve their ambitions, that will almost surely start up a war the limits of which could not be defined in advance. How that is brought about I don't know bi That is a matter of policy for the Chinese Communists. I don't know how they will choose to make that clear, if indeed they do make Friday went further in that direction than anything that he has yet it clear. I already have said that the speech of Chou En-lai of las 0 SU V oi is PO ge aut st 01 ch the United States and the Republic of China; supra, pp. 945–949. 2 See the New York Times, Aug. 2, 1955. THE FAR EAST AND SOUTHEAST ASIA 2509 3 Treaty of Sept. 8, 1954; supra, pp. 912–916. I con- I that povei essive ration 2 381 Organization isn't anything directed against the Soviet Union. If Agreements of July 20, 1954; supra, pp. 750-785. + See Secretary Dulles' statement of July 20, 1955; supra, pp. 1891-1892. th the so that we can feel that we are not under the threat of war from the situation in that area. I said in my press conference of April 26, f that you may remember, that the United States was not willing to negotiate itself with a pistol at its head; that the first thing to do is to find out whether there was a threat of war there because, if that was the case, then as us in a far as the United States is concerned it would be quite impossible to China, negotiate these practical matters. I pointed out last week that a number of things had happened pt for which indicated that the pistol had been laid down and that it made those it possible to try to clear up now some of these practical matters itions between us. But the important thing is that the pistol should be e will permanently discarded, and we hope that the trend of events will r our bring reassurance on that point. which cit in Q. Mr. Secretary, in connection with the Communists laying down their pistol, is there any relation between that and SEATO, the Southeast Asia defense alliance? A. Obviously the laying down of the pistol is applicable to the situation in Indochina as well as to the situation in the Formosa Straits. We have there a series of armistice agreements ? which purport to bring the fighting there to an end. Obviously any re- sumption of that fighting would be violating the principle to which I have alluded. 9. We would not be willing, for instance, to trade a declaration by the Reds abandoning the use of force for our abandoning SEATO, or dis- banding SEATO: con of 1. Absolutely not, any more than we would be prepared to abandon cather the North Atlantic Treaty Organization. We are absolutely con- vinced that these collective security organizations are in the interest oader of peace. We know that they are defensive in purpose and in spirit, and we believe that they are in harmony with the general trend of the times which brings every community to organize itself on a collective security basis. The old days when each had to defend his own home with his own gun have passed. We have a central d the police force; we have a central fire department. The whole idea of been getting security through collective action rather than individual Filling action is in our opinion a tremendous advance. Now the Soviets and Communists seem to take the view that each country should stand alone on its own feet, that there shouldn't be any collective organizations for security. We believe that is turning the clock back to go in that direction, and we are not disposed to turn the clock back by dismantling either Nato or the so-called SEATO, the I explained that at Geneva. I said this North Atlantic Treaty of a urrent pect to volvei IS & that ot be KNOW don't make f last s yet atside ation Manila Pact.3 * Supra, doc. 84. % tween . mei IS On April 30, the British Chargé d'Affaires at Peiping, acting on 2510 AMERICAN FOREIGN POLICY, 1950–1955 there weren't any Soviet Union in the world today it would be almost sib as important because it ties together, it integrates, these nations Am who make up its membership in a way which makes it most unlikely Au and impractical that any one of them shall assume an offensive to nationalistic action of its own. That is its essential value. As I to say, even if so-called tensions between the East and West were totally spe resolved, I believe that this type of organization should persist and equ that that marks the enlightened future which we should seek. Go Q. Mr. Secretary, do you think that parallel with an easier relationship ove with the Soviet Union there is now developing an easier relationship per with Red China? Is that the import of much that you have said? Ch A. The release of the fliers, the release of the civilians, if it comes about, such statements as are made by Chou En-lai, if I interpret law them right and if they are sincere and permanent parts of policy , might mark the beginning of a new phase in Chinese Communist relations with the rest of the world. I pointed out some time ago 88 . that the Chinese Communists seem to be much more violent and fanatical, more addicted to the use of force than the Russians are or have become. Whether or not there is going to be a change in that respect I don't know. There are some auguries, but we always have of to remember the adage that one swallow does not make a summer. Wh Co Wh The Problem of United States Nationals Detained in det Communist China dec to 87. IMPRISONMENT OF UNITED STATES NATIONALS BY spe CHINESE COMMUNIST AUTHORITIES: Statement by the has Department of State, May 21, 1951 1 The Department of State has been extremely concerned for an Co extended period of time over the imprisonment by Chinese Communist authorities of a number of American nationals, now believed to number the of more than 30. At least some are definitely known to have been allowed . , local Chinese Communist authorities have given no explanation of the arrests or any information concerning the welfare or whereabouts of the persons arrested. Access has been denied to legal counsel and to British officials, who have been representing American interests in Communist China since the closure of our consulates. This Govern- ment has been in constant communicatie.com is subject with the British Government. 1 Department of State Bulletin, June 11, 1951, p. 947. D&D rale Ch inc Co Dei ser COU 1 sen 2 THE FAR EAST AND SOUTHEAST ASIA 2511 ? See statement of May 21, 1951, by the Department of State; supra. omes are or that Communists and which have established diplomatic relations in 1 Department of State Bulletin, Dec. 24, 1951, p. 1014. The statement repre- sents the substance of an oral announcement to the press on Dec. 8, 1951. Imost sible Chinese Communist authorities at Peiping on behalf of all ations Americans arrested, as well as the United Kingdom, Canadian, and likely Australian nationals under arrest. He appealed to these authorities znsive to take appropriate steps to permit those imprisoned to have access As I to legal counsel and to friends outside. It was hoped that their otally speedy release would be effected, on humanitarian no less than on t and equitable grounds. No reply has yet been received by the British Government from the Chinese Communist authorities. The Department of State has also been concerned for some time mashing over the continued denial by Chinese Communist authorities of exit naship permits to certain Americans, including a number of Shanghai business- ? men, some of whom have been endeavoring for over a year to leave Ching. Arbitrary refusal to permit aliens to depart from a country rpret is of course a violation of the elementary principles of international law and practice. olicy lunist e ago 88. DETENTION OF UNITED STATES NATIONALS: Statement ; and by the Department of State, December 12, 1951 1 have The Department has for some time been concerned about detention of Americans by officials of the Chinese Communist regime. Mean- imer. while information on the general situation in which Americans in Communist China find themselves has been made available to any The Department, however, has refrained from making individual names public. It has advised the relatives or associates of persons detained that publicity in individual cases was a matter for their decision and it has not discouraged those who wished to give publicity The Department has refrained from publicizing the names and BY specific situations of those persons or all of the action the Department the has taken in their behalf for two major reasons: (1) requests of ralatives or associates of the person concerned that no publicity be given for fear of jeopardizing the person's welfare; and (2) warnings by countries assisting in making representations to the Chinese Communists that in their opinion official publicity, particularly during mber the period of their activity on our behalf, might jeopardize the success Americans are not the only ones under detention in Communist China . There are numerous other foreigners also under arrest, including nationals of countries which have recognized the Chinese Peiping: All foreigners face these same difficulties. In this cɔnnection it will be recalled that the Department issued a series of warnings to American citizens in China to evacuate that country before the Communists took over unless they were prepared who inquire. d in to the arrests. r an unist of their efforts. owed local the ts of ad to ts in Tern- the g on pon- 2512 AMERICAN FOREIGN POLICY, 1950-1955 wewe mu the British representatives in Peiping have presented on our behall. rel 1 Department of State Bulletin, Aug. 8, 1949, p. 197. The quoted passage areas under their control, demonstrated in many cases an inability or unwilling to remain under hazardous conditions. The American Embassy in ap China on July 26, 1949, publicly warned all Americans in China thet 28 the Chinese Communists "had demonstrated an inability or unwilling- ness to afford adequate protection to foreigners or to safeguard their Th individual liberties, particularly in connection with arrest, detention, 19 trial and mob action." del Many Americans left in the face of these warnings, and where no co adequate means of transportation were available this Government Da assisted them in departing by providing military air and sea transport als There are still about 300 Americans in Communist China. Most are res engaged in business or missionary activities, and are not in prison , although some 30 had been reported to be under house arrest. Seven rel of these are now reported to have been released. However, as in some instances final confirmation has not yet been received, the Department cannot make their names public. The situation is complicated by the difficulty in obtaining accurate and up-to-date 90. information in many cases. Two of the 32 persons formerly listed as in prison have now been released and have left China. În addition, Philip Cline, who bad been under arrest, was released from prison, but died in a Chinese hospital. The Department has also received further information reporting that one person formerly believed to be under house arrest Na is now in prison and that two additional Americans were arrested in eff August and September, leaving this total at 32. The Department continues to make every effort to free those held Co in prison or detained against their will. The Department, however, does not consider it advisable at this time to make public all the ato fra details regarding the steps it is taking and has taken to accomplis . ho the release of detained Americans. bei Ju 89. CONTINUED DETENTION OF UNITED STATES NA : TIONALS: Statement by the Department of State, October 9, 1953' The Department of State is very seriously concerned over continued imprisonment, detention and maltreatment of American Li tw citizens in Communist” China. There are now 33 Americans in Chinese Communist jails, some of whom have been imprisoned for? years. The Chinese Communist regime has not published the changes 21, the Chinese Communists have released no information, despite the Ar reads as follows: the Chinese Communist authorities have thus far, is be ing rel 1 nu ber th pe те 1 2 ness. 27 2 Ibid , Oct. 26, 1953, pp. 551-552. THE FAR EAST AND SOUTHEAST ASIA 2513 2. ate BAD Americans who need medical attention or hospital care would receive it. receive medical care and attention. He promised to reply later to The Communist representative stated that those who were ill would 1 See Department of State Bulletin, Apr. 13, 1953, p. 546. ? Ibid., Mar. 14, 1955, pp. 429–430. 3 See Secretary-General Hammarskjold's report of Sept. 9, 1955; infra, pp. in appeal made by the British representative at Peiping on March Dat 28, 1953. We have also asked the Soviet Union to assist on several occasions. The first request was made by our Embassy at Moscow in September OD 1 1951. On March 25 of this year Ambassador Lodge asked the Soviet delegate during debate at the United Nations if the Soviet Union no could furnish any information about the Americans, including 1 Donald Dixon and Richard Applegate. Our Embassy in Moscow It also has made several approaches to the Soviet Foreign Office this Are year. The Department will not overlook any possibility of obtaining the release of all the Americans unjustly imprisoned by the Chinese Com- munists or denied the right to leave Communist China. che 90. NEGOTIATIONS AT THE CONSULAR LEVEL FOR THE RELEASE OF UNITED STATES NATIONALS: Statement by the Department of State, March 1, 1955 2 While U.N. Secretary-General Hammarskjold continues his efforts secure the release of American military personnel of the United Nations Command imprisoned in Communist China, a continuing effort is also being made by the U.S. Government to secure the release eld of other detained and imprisoned Americans. Yesterday the U.S. er, Consul General at Geneva met with a Chinese Communist represent- he ative to renew U.S. demands for release of these American citizens from their unwarranted detention. The Communist representative, , however, reiterated the Communist position that no Americans are being unjustly detained. This was the 11th in a series of meetings held at Geneva since last June on this subject. During this period 18 Americans who had i been imprisoned or otherwise detained bave left Communist China, 13" including Dr. Malcolm Bersohn and Mrs. W. A. Rickett, who were released on the Hong Kong border on February 27. Twenty-six American civilians, including John T. Downey and Richard G. Fecteau, remain in jail; three are under house arrest; and in twelve others are still denied exit permits. : 2 The Consul General also inquired specifically as to the welfare of a 18 number of the detained Americans from whom no correspondence has been received although the Communists gave assurances in June 1954 that all detained Americans would be permitted to correspond with requested that the Chinese Communist Red Cross ex- de pedite mail deliveries. He also sought assurances that imprisoned S FOD est to ish he 80 ch relatives. He Ige i 18 2713-2714. 415900-57-Vol. 2-55 2514 AMERICAN FOREIGN POLICY, 1950–1955 me 2 This emergency aid program was established by an agreement between the 4 See statement of May 29, 1954, by the U.S. delegation to the Geneva Con the Consul General's requests for information on the welfare d Americans who had not been heard from and stated that Red Cros92 channels were available for transmission of letters and small parcela including food and medicines, from the families. 91. RESCINDING OF RESTRAINING ORDERS ON CHINESE G STUDENTS IN THE UNITED STATES: Statement by the De F partment of State, April 2, 1955 1 Ch CH The program of emergency aid to Chinese students and scholars the is expected to terminate on June 30, 1955.2 This, of course, does not co affect the regular exchange program which is in effect between the M United States and the Republic of China. No grants for tuition or maintenance under this emergency. program can be continued a th renewed after June 30, no requests for thesis or dissertation costs Co received after this date can be honored, and no requests for emergenerrel medical expenses can be given consideration. Chinese students and scholars who desire to return to the Far East and who are eligible in for travel grants to cover minimum expenses for transportation must An be in actual travel status on or before June 30 in order to qualify ba for the grants. However, grantees wishing financial assistance for de return travel prior to June 30 must present through their university An representative substantial evidence to the Department of their need av of financial aid for this purpose and of their definite arrangements for departure. All applicants for travel grants must present written permission from the Immigration and Naturalization Service to ho leave the country. It has been brought to the attention of the Department of State 11 that some Chinese students may refrain from applying to the Imm- SDE gration and Naturalization Service for permission to depart from the United States for fear of being refused. This fear apparently the based on the fact that a number of technically trained Chines an students have in the past been refused permission to depart from the the United States under section 215 (a) of the Immigration Nationality Act of 1952.3 In this connection the Department wishes to point out that the cases of such students have been in proces ar of reexamination. As a consequence, restraining orders were rescinde bir cases of 76 of these students, who are now free to depart, and it i No anticipated that action will shortly be completed by the Immigration aw and Naturalization Service on the few remaining cases. 1 Department of State Bulletin, Apr. 11, 1955, p. 627. 1949, with funds allocated under the China Aid Act of 1948. 3 Act of June 27, 1952; 66 Stat. 163. ference; Department of State Bulletin, June 21, 1954, pp. 949-950. as ad SOL 1 1 THE FAR EAST AND SOUTHEAST ASIA 2515 · Department of State Bulletin, June 13, 1955, pp. 953-954. See statement of Apr. 2, 1955, by the Department of State; supra. of FOSS els 92. CONTINUED NEGOTIATIONS AT THE CONSULAR LEVEL FOR THE RELEASE OF UNITED STATES NATIONALS DETAINED BY CHINESE COMMUNIST AUTHORITIES: Statement by the Department of State, June 1, 1955 1 101 bile SI As part of a series of talks that have been in progress ever since the Geneva Conference last summer, our Consul General at Geneva, Mr. De Franklin C. Gowen, has just had another conversation with the Chinese Communists. On May 16 he requested a meeting with the Chinese Communist representative to take up again the question of on the continuing detention and the welfare of American citizens in mot Communist China. The Chinese Communists agreed to meet with the Mr. Gowen on May 30. The meeting was held at the Hotel Beau Rivage at Geneva where the other meetings have also been held. At that time the Chinese Dok Communist representative informed Mr. Gowen of the prospective Der release of the four Air Force men, who have been released, and a state- ment was volunteered that the purpose of their release was to relieve international tensions. Mr. Gowen reviewed the plight of the other Americans still held and he renewed his request for information that I had been promised on all cases of Americans imprisoned or otherwise detained by the Chinese Communists. He presented revised lists of site Americans, both military and civilians, held in Communist China, eed and he renewed demands for their release. ents In the lists which Mr. Gowen presented, there were 53 names, tell as follows: 42 civilians, of whom 25 are imprisoned, four are under fo | house arrest, and 13 have been refused exit visas; and 11 military admittedly being held by the Chinese Communists, as well as the kate 11 Navy and Coast Guard personnel whom the Red Chinese have mi specifically denied they hold. With reference to cases of Chinese students in the United States, fill the Consul General pointed out that restrictions have been removed Les and that those students who have expressed a desire to return to their home in China are free to do so. That has been known for some time. Nevertheless, the Consul General stressed it again. The Chinese Communist representative stated that he would send report of the meeting to his government, together with the revised lists of Americans held in China, and he said that the questions to Mr. Gowen had raised would be examined and he would reply later. No date has been set for another meeting. Presumably that will 200 | await word now from the representative of Red China. Com .com 2 and ent gesi ded iba 10B 2516 AMERICAN FOREIGN POLICY, 1950-1955 BE for AT 80 th in 80 2 A. If any Chinese in the United States believes that contrary to the declared policy of the United States he is encountering obstru tion in departure, he may so inform the Embassy of the Republic of India in the United States and request it to make representation 1 Department of State Bulletin, Aug. 8, 1955, p. 219. See also statement en 2 Ibid., Sept. 19, 1955, p. 456; see also statement by Ambassador Johnso. / Sept. 10, 1955, and list of Americans released by the Communist authoritle" } &E 93. NEGOTIATIONS AT THE AMBASSADORIAL LEVEL FOR P THE RELEASE OF UNITED STATES NATIONALS: Joint Com 1 muniqué by Representatives of the United States and Communist China, July 25, 1955 1 th As a result of communication between the United States and the People's Republic of China through the diplomatic channels of the United Kingdom, it has been agreed that the talks held in the last fo year between consular representatives of both sides at Geneva should th be conducted on ambassadorial level in order to aid in settling the matter of repatriation of civilians who desire to return to their r spective countries and to facilitate further discussions and settlement be of certain other practical matters now at issue between both sides ha The first meeting of ambassadorial representatives of both sides wi take place on August 1, 1955 at Geneva. P 94. AGREED MEASURES FOR THE RETURN OF UNITED STATES AND CHINESE CIVILIANS: Joint Statement by Repres sentatives of the United States and Communist China, September 10, 1955 The Ambassadors of the United States of America and the People: ca Republic of China have agreed to announce measures which the respective governments have adopted concerning the return civilians to their respective countries. With respect to Chinese in the United States, Ambassador U. Alexis G Johnson, on behalf of the United States, has informed Ambassador Wang Ping-nan that: 1. The United States recognizes that Chinese in the United State to who desire to return to the People's Republic of China are entitet to do so and declares that it has adopted and will further adop appropriate measures so that they can expeditiously exercise thel right to return. 2. The Government of the Republic of India will be invited to assist in the return to the People's Republic of China of those me C C desire to do so as follows: 91 , 1955, by the Department of ibid., pp. 456-457. of eL th 01 in di THE FAR EAST AND SOUTHEAST ASIA 2517 * It Dent des pre defending their continued detention of U.S. civilians in China. At the 1 Department of State Bulletin, Dec. 26, 1955, pp. 1049–1050. FOR People's Republic of China, the Government of the Republic of India may also investigate the facts in any such case. om B. If any Chinese in the United States who desires to return to imis ! the People's Republic of China has difficulty in paying his return expenses , the Government of the Republic of India may render him financial assistance needed to permit his return. the the 3. The United States Government will give wide publicity to the foregoing arrangements and the Embassy of the Republic of India in ould the United States may also do so. With respect to Americans in the People's Republic of China, Am- bassador Wang Ping-nan, on behalf of the People's Republic of China, has informed Ambassador U. Alexis Johnson that: will 1. The People's Republic of China recognizes that Americans in the People's Republic of China who desire to return to the United States are entitled to do so, and declares that it has adopted and will further adopt appropriate measures so that they can expeditiously exercise their right to return. 2. The Government of the United Kingdom will be invited to assist iher in the return to the United States of those Americans who desire to do so as follows: A. If any American in the People's Republic of China believes that contrary to the declared policy of the People's Republic of China he is cher encountering obstruction in departure, he may so inform the Office of o the Chargé d'Affaires of the United Kingdom in the People's Republic of China and request it to make representations on his behalf to the Le Government of the People's Republic of China. If desired by the United States, the Government of the United Kingdom may also investigate the facts in any such case. B. If any American in the People's Republic of China who desires to return to the United States has difficulty in paying his return ex- penses, the Government of the United Kingdom may render him financial assistance needed to permit his return. 3. The Government of the People's Republic of China will give 10 wide publicity to the foregoing arrangements and the Office of the mate Chargé d'Affaires of the United Kingdom in the People's Republic of 1 35. FAILURE OF THE CHINESE COMMUNIST AUTHORITIES TO IMPLEMENT THE AGREEMENT OF SEPTEMBER 10, 1955: Statement by the Department of State, December 16, The Chinese Communists on December 15 issued a statement same time they accused the United States of not complying with the ata itiled dopt her China may also do so. TUM a oll the 1955 1 *.- 50 C je LLIURE foundation. This cannot conceal the fact that U.S. citizens continue to an cii ret La or the Indian Embassy at Washington, D. C., which the United Isl_ make a public announcement containing charges which are without 2518 AMERICAN FOREIGN POLICY, 1950–1955 agreed announcement of September 10 1 regarding the repatriation of civilians to Communist China. Because the Communist statement contains many errors, this state- ment is being made. The facts show that the United States has scrupulously complied with its agreement and that Chinese in the United States are now and have at all times since the announcement been free to leave. Unfortunately the same is not true with respect to the Chinese Communist performance of its agreement to permit U.S. civilians to "expeditiously" return to the United States. Of the 19 U.S. citizens in Communist China who were being prevented from returning on September 10, the date of the Chinese Communist agreement, only 5 have been released. 96 U.S. Ambassador Johnson has repeatedly protested to Communist Ambassador Wang, in the Genevā talks, the failure of the Com- munists to permit U.S. citizens to leave China. He has also protested the cruel and inhuman treatment of those concerning whom facts are available. 19 The answer to these protests has been the public statement by the Jew Communists charging that the United States has not permitted to Chinese to leave the United States. In the agreed announcement of September 10, the Chinese Come tu munist Ambassador declared: The People's Republic of China recognizes that Americans in the People's Republic of China who desire to return to the United States are entitled to do fu so, and declares that it has adopted and will further adopt appropriate measures so that they can expeditiously exercise their right to return. Ca This declaration is simple, clear, and positive. It says that any U.S. citizen has the right to leave China and that the Communists Ar have taken or will take the necessary steps so that those who wish HO may leave “expeditiously.” No distinction is made as between these in prison and those out of prison. All U.S. citizens who wish to Au The continued holding of these U.S. citizens by the Communists is a violation of their agreed announcement, for which the United States A Co must continue to protest. As for the Communist charge that the United States is preventing Chinese from leaving the United States, it is sufficient to point out that not a single Chinese has been refused exit. If anyone knows of any Chinese who wishes to leave and who claims he is being pre: A vented, he should communicate at once with the Department of State States has agreed may render assistance. The ľndian Embassy, ban Se Co made no representation that any Chinese is being prevented from leaving It is unfortunate that the Chinese Communists have seen fit to Cc Co AC DO wa HC AT knows by Se 1 Supra. 19 THE FAR EAST AND SOUTHEAST ASIA 2519 to Communist shore batteries in the Lama Island group. 200 ENS 01 20 Zted batteries in the vicinity of Lafsami, the ship's location possibly within 2 miles of Communist shore batteries in the Lama Islands. 178 by Chinese Communist machine guns from an island near Macao. ate Communist batteries on the Lama Islands, then by batteries on the Ling Ting ied Islands. One enlisted man was wounded. September 16, 1950: The British ship S.S. Sing Hing was fired on by Chinese Communist shore batteries from the Lama Island group. September 17, 1950: The British ship S.S. Mahadevi was fired on by Chinese released to the press by the U.S. representative to the United Nations on Sept. 1 Department of State Bulletin, Oct. 4, 1954, pp. 505-507. The list was to be held in prison by the Communists in violation of their public announcement of September 10. It is to be hoped that these U.S. Ete citizens will be permitted promptly to leave Communist prisons and bas return to their homes. the ent ese to Ship and Plane Incidents in the China Area nly 96. COMMUNIST CHINESE ATTACKS ON FOREIGN SHIPS ist AND PLANES IN THE CHINA AREA: List (July 1950-June Ill- 1954) Released by the United States Mission at the United Nations, ted September 19, 1954 1 1950 the July 20, 1950: British S.S. Tak Shing was fired on by Chinese Communist shore Lafsami. om. July 24, 1950: The Panamanian ship S.S. Flying Dragon was fired on by Chinese Communist shore batteries on Lafsami. The ship was hit. le's August 2, 1950: An Air France plane was fired on by Chinese Communist A/A de guns, Ladrone Island. August 3, 1960: The 300-ton British freighter Nambee was fired on by Chinese Communist shore batteries on the Nam Shan Islands. There were no hits and ny $tis August 6, 1950: The American ship S.S. Steel Rover was fired on by Chinese Communist shore batteries in the Lama Island group; the ship was just entering August 7, 1950: The British ship S.S. Hand Sang was fired on by Chinese com- 15. munist shore batteries in the Lama Islands; the ship was just outside Hong Kong s is waters; two British officers were slightly wounded. tes ) August 8, 1950: The Norwegian ship S.s. Pleasantville was fired on by Chinese The ship was just outside ing out | August 15, 1950: A Pacific Overseas Airways plane, under U.S. flag, was fired on august 17, 1950: The British destroyer Concord was repeatedly shelled by Chinese Tres no casualties. ish Hong Kong. Ose Hong Kong. re jas an jut Iue 19, 1954. 2520 AMERICAN FOREIGN POLICY, 1950–1955 COD T& we S.S. Tak Shing was fired on and detained by an armed Chinese Communist napal The Tak Shing was taken to Lafsari Island where two passengers were October 7, 1950: The Danish S.S. Emilie Maersk was fired on by Chinese Com Se munist shore batteries on the Lama Island group. Bri November 7, 1950: Portuguese sloop Goncalo Velho was fired on by Chinese Com ter munist shore batteries on the Lafsami Islands. The ship was just outside Hong bat Kong waters on the regular Hong Kong-Macao route. Oct- December 8, 1950: A Panamanian flagship was shelled by Chinese Communist rev shore batteries off Wu Yu Island, near Amoy. No damage, no casualties. Co December 9, 1950: The British tug Allegiance was fired on by shore batteries at No Putao (Pak Leak) Island, in the Wan Shan Island group. The tug was returning Br from the rescue of the Philippine S.S. Joseph S. The master and two Cret members were slightly injured. Ca: 198 1951 19. February 13, 1951: The British-registered Caltex II, a motor vessel, was shelled by Chinese Communist shore batteries on Ling Ting Island. The ship wa ja outside Hong Kong waters. The British master and British chief officer were Ne injured. fire ele April 10, 1951: The British ship Jade Leaf on its way from Hong Kong to Chuen Chow was forced by weather conditions to anchor near Namao Island, of Swatow . M The master did not know that the area was prohibited. The ship was fired on by Chinese Communist shore-battery machineguns. The ship was hit once tal and there were no casualties. Later, while entering Swatow, the ship was buzzed Be by unidentified planes. Ar April 16, 1951: Chinese Communist shore batteries on outer Ling Ting Islands AE fired on the British S. S. Victoria Peak causing some of the cargo to ignite. May 3, 1951: The British tug, Caroline Moller, while towing barge, was fired on Co by Chinese Communist shore batteries on the Ling Ting islands. June 8, 1951: The British S.S. Edith Moller was shelled by Chinese Communist armed junk and shore batteries near Hong Kong. M June 8, 1951: The Danish ship Marieskou, while going up the Pearl River estua? was shelled by Chinese Communist island batteries. 12 S. August 12, 1951: Enroute Hong Kong to Chuanchow, the British S.$. Jade Les Se took shelter in Tang Sang harbor. The ship, being mistaken for Nationalist , was attacked by the Chinese Communists. The attack resulted in the killing of the boatswain. September 2, 1961: Between Hong Kong and Macao, the British flag Yu Man No on the regular Hong Kong-Macao run, was fired on by a Chinese small craft. N November 26, 1951: A vessel off Swatow fired on a U.S. Navy plane. ag 1952 January 1952: The Asiatic Petroleum Company's oil lighter BPM 88, soline 19 under British flag, was intercepted and detained by the Chinese Communists , on Ji the fringe of Hong Kong territorial waters. September 25, 1952: On the regular Hong Kong-Macao route the British in vessel. removed. $ mo 80F an ses 81 , in Da un or er THE FAR EAST AND SOUTHEAST ASIA 2521 com September 25, 1952: In answer to the distress call, the H.M.S. Mounts Bay and consort arrived to give escort to the Tak Shing to Hong Kong. While still in British territorial waters, 4 miles from Lafsami, Chinese Communist shore bat- Som teries fired on the Mounts Bay. The Mounts Bay returned fire and silenced the long batteries. October 13, 1952: While pursuing a suspected smuggling junk, a Hong Kong inist revenue launch in the vicinity of Ling Ting Island was fired on by a Chinese Communist shore battery. 3 st November 2, 1952: A Chinese Communist armed junk took into custody two ning British seamen in a whale boat sailing around Hong Kong Island-about half way between Lama Island and the Ling Ting Islands. The men were taken to Canton, questioned intensively, and were returned to Hong Kong on March 19, 1953, having been detained for more than 4 months. CHET 1953 elled 12 January 18, 1953: Chinese Communist A/A fire off Swatow shot down U.S.N. Tere Neptune plane. U.S.C.G. Mariner crashed taking off after rescue. U.S. destroyer fired on by shore batteries, later chased by hostile craft. Total casualties were eleven missing. duen Once tow. March 21, 1953: Chinese Communist gunboat seized U.S. yacht Kert about 5 miles doa west of Lantau Island, 6-7 miles north of Lafsami. The following Americans were taken into custody and not released until September 1954: Richard Applegate, zzed Benjamin Krasner, and Donald Dixon. Three Chinese, who were with the Americans, have not been released. and April 30, 1959: A Chinese Communist gunboat attacked a British-registered motor junk in international waters near Soko Island and Sang Lau Point off the doo southwest tip of Lantau Island. After taking refuge in British waters, a Chinese Communist gunboat and four Communists in naval uniform pursued the junk and after some shooting took it. The Hong Kong Marine Department later rescued the crew. unist 817 WS May 25, 1953: As it was leaving Amoy, the British S.S. Nigelock received small arms fire from Communist-held Hu Hsu Island. June 30, 1953: At Scrag Point Chinese Communist shore batteries fired on the Leo S.S. Hydralock of British registry. September 9, 1953: A Chinese Communist gunboat fired on Hong Kong ML 1323 in disputed waters in the Pearl River estuary. Resulting casualties: 6 British navy crew members and one captain of the Royal Hong Kong defense force killed. tan November 11, 1953: Chinese Communist shore batteries fired on S.S. Inchulva, under British flag, while entering Wenchow. November 12, 1963: The S.S. Inchulva again attempted to enter Wenchow. It was the again shelled with no damage. OD ing 1954 June 4, 1954: Chinese Communists took British forces yacht Elinor which, while on a pleasure cruise, entered Chinese Communist waters through navigational error. Two officers and 7 men aboard were detained till July 10. Dag ya AN 2522 AMERICAN FOREIGN POLICY, 1950–1955 ment of the United States protests most strongly against these attecks and demands that those responsible be adequately punished, that 2 Department of State Bulletin, Aug. 9, 1954, pp. 196–197. Mr. Trevelyan had previously made an oral protest. The Communist authorities later returned the 3 Ibid., p. 197. The Communist authorities later returned the note to the 97. PROTEST AGAINST ATTACK ON BRITISH CATHAY PACIFIC AIRLINER: Note From the United States Government to the Chinese Communist Authorities at Peiping, Transmitted by the British Chargé d'Affaires, July 27, 1954 2 (First Note] The Government of the United States protests vigorously against the barbarous and lawless attack on July 23, 1954 at approximately 8:45 a.m. local time, against a British Cathay Pacific unarmed and defenceless commercial airliner and its passengers. This unwarranted unprovoked attack occurred over international waters about 30 miles south of Hainan Island. It resulted in the killing of three United States citizens, including two children of tender age, two and four years, and the wounding of three other United States citizens, includ- ing a child aged six. The Government of the United States demands appropriate punishment of all the persons having responsibility for this criminal attack as well as compensation for the victims and families of the deceased. The Government of the United States demands that measures be taken to guard against a repetition of such action and the British Government be informed of the nature of such measures. 98. PROTEST AGAINST ATTACK ON UNITED STATES AIR- CRAFT IN RESCUE WORK ON THE BRITISH CATHAY PACIFIC AIRLINER: Note From the United States Government to the Chinese Communist Authorities at Peiping, Transmitted bp the British Chargé d'Affaires, July 27, 19543 [Second Note] The United States Defence authorities have received an official report from the United States Naval authorities in the Pacific that on July 26 at approximately 10:05 a.m. local time two United States carrier-based aircraft while searching the area of attack on the Cathay Pacific Aircraft were attacked and fired on by two Chinese LA-9 sur craft. This incident occurred well over the international waters approximately 13 miles from Hainan. The United States pilots in: volved report that during this wanton and unprovoked attacks Chinese gunboat also opened fire on the United States aircraft which as stated above, were engaged on a mission of mercy search in the vicinity for possible survivors of the incident of July 23. The Gorente 1 Humphrey Trevelyan. note to the British Embassy. I I C I 1 1 t British Embassy. THE FAR EAST AND SOUTHEAST ASIA 2523 1 Department of State Bulletin, July 12, 1954, p. 51. 3 Ibid., July 26, 1954, p. 131. Department of State Bulletin, Aug. 22, 1955, p. 302. State, August 8, 1955 6 Under Secretary this afternoon concerning the case of the Soviet tanker Tuapse. The aide memoire expressed the satisfaction of the AT immediate effective steps be taken to ensure that there be no repetition ent ted of this deplorable attack and that the British Government be informed as to the nature of such measures. The Government of the United States reserves its right to present a claim for possible damage and injury after thorough investigation has been completed. ust els 99. REJECTION OF SOVIET CHARGES OF UNITED STATES und INTERFERENCE WITH THE SOVIET TANKER TUAPSE: ted iles Note From the American Embassy at Moscow to the Soviet Foreign ted Ministry, June 26, 1954 1 Our - The United States Government refers to the Soviet Government's nd note of June 24 regarding interception of the Soviet tanker Tuapse far by a war vessel of the destroyer type in Far Eastern waters. 2 ind The United States Government rejects as completely without foun- stes dation the allegations made by the Soviet Government that Naval ich Forces of the United States have seized or otherwise interfered with Ich the movement of the Soviet tanker in question. IR 100. RENEWED REJECTION OF SOVIET CHARGES: Note From AY the American Embassy at Moscow to the Soviet Foreign Ministry, July 4, 19543 ent bi The United States Government refers to the Soviet Government's note of July 24 with further reference to the Soviet tanker Trapse. The Soviet Government is well aware that the vessel in question was not seized by the naval forces of the United States and that it has not been detained by United States authorities. The United States Government therefore has nothing further to add to its note tes of June 265 rejecting the unfounded charges of the Soviet Govern- 185 101. DENIAL OF ANY RESPONSIBILITY IN THE CASE OF THE TUAPSE AND ITS CREW: Statement by the Department of ch the The Soviet Chargé d'Affaires presented an aide memoire ? to the hat ment in this matter. 2.11 AN in- 18 TU- oks 786 had the 2 Ibid. the Ibid. Supra. 6 ? Not printed. 2524 AMERICAN FOREIGN POLICY, 1950–1955 Soviet Union that 29 members of the Tuapse crew have returned to the Soviet Union but stated that the Soviet Government was disturbed by the fact that 20 members of the crew were still being held and that the tanker itself had not been returned. The aide memoire said that the Soviet Government expects the United States Government to take the necessary measures for the return of the remaining members of the crew of the Trapse. The aide memoire concluded by saying that the Soviet Government expects the Government of the United States of America will take appropriate steps toward the return to the Soviet Union of the tanker. In commenting on the contents of the Soviet aide memoire, the Under Secretary stated to the Soviet Chargé that he wished to make very clear that the case of the Tuapse and its crew was one entirely within the jurisdiction of the Government of the Republic of Chine and that the United States Government had nothing whatever to do with it. So far as the cases of the men who have chosen not to return to the Soviet Union are concerned, the Under Secretary said he was not personally acquainted with he details in this regard. However, he noted to the Soviet Chargé that if the United States Government had any control over the matter, which it did not, the attitude of the United States Government would be that the men were perfectly free to make up their own mind as to where they wished to reside. 102. DENIAL OF POLISH CHARGES OF UNITED STATES INTERFERENCE WITH THE POLISH TANKER PRACA: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, October 20, 1953 1 The Embassy of the United States of America presents its compli . ments to the Ministry of Foreign Affairs and on instructions of the United States Government has the honor to reply to the Ministry note of October 12 2 with respect to the interception of the Polish flag tanker Praca by naval forces of the Chinese Government. The United States Government rejects categorically the false charges contained in the Ministry's note and wishes to make clear to the Polish Government that the United States Government had no connec- tion with the detention of the Praca. 1 Department of State Bulletin, Nov. 9, 1953, p. 640. 2 Ibid. THE FAR EAST AND SOUTHEAST ASIA 2525 3 es et as , at he ee Department of State Bulletin, May 31, 1954, pp. 824–825. 4 , , , sion of the Polish charges in the United Nations; ibid., pp. 996–1003. 103. DENIAL OF POLISH CHARGES OF UNITED STATES zd INTÉRFERENCE WITH THE POLISH FREIGHTER GOTT- WALD: Statement by the Department of State, May 21, 1954 1 at at ke In a note of May 15 2 delivered to the American Embassy in Warsaw of the Polish Government referred to a report that the Polish merchant at ship Gottwald had been intercepted by naval forces of the Government of the Republic of China. As in the case of the Polish tanker Praca which was similarly intercepted in October 1953, the Polish Govern- ment sought to impose upon the U.S. Government responsibility for he the action against the Gottwald. On May 20 this Government replied ke to the Polish note through our Embassy in Warsaw. The substantive ly portion of our note is as follows: 18 do "The U.S. Government rejects as completely without foundation the allegations made by the Polish Government. The United States Government has had no connection whatever with this incident. "Furthermore, as has been clearly stated before, and as the Polish Government must be well aware, propaganda charges involving the United States Government in the Praca case are also completely false.”' 104. DENIAL OF ANY RESPONSIBILITY IN CONNECTION WITH THE PRACA AND THE GOTTWALD AND THEIR US CREWS: Note From the American Embassy at Warsaw to the 4: Polish Foreign Ministry, December 8, 1954 + The Embassy of the United States presents [its) compliments to the Ministry of Foreign Affairs and refers to its note of November 20, Li 1954. The United States Government again rejects as without basis in fact the version contained in that note of the interception of the Polish-flag vessels Praca and Gottwald. The United States had no connection with this action or with the decision of so many crew members from these ships to seek asylum. These vessels were intercepted by the naval forces of the Republic of China. If the Polish Government is genuinely interested in pur- suing this matter in a practical way rather than in dispatching a series of notes purely for propaganda purposes, it could seek a solution of this issue with the Government of the Republic of China through diplomatic channels. The note of the Polish Government refers to the presence in the area of the Island of Formosa of aircraft of the United States Navy. These United States aircraft operate in conjunction with the Seventh Fleet of the United States Navy, which has been ordered by the See American note of Oct. 20, 1953; supra. . de 's sh ne 2 le 1 ? Not printed. 5 Ibid., pp. 983–984. 2526 AMERICAN FOREIGN POLICY, 1950–1955 1 On December 17, 1954, by a vote of 44 to 5, the General Assembly The United States Govern- 3 Res. 821 (IX); General Assembly, Official Records, Ninth Session, Supple. ment No. 21 (A/2890), pp. 9-10. See also Annucl Report of the Secretary-(eneral on the Work of the Organization, 1 July 1957-15 June 1955 (A/2911), pp. 15–16. President of the United States to patrol the waters around Formosa in order to prevent an attack on that island. The mission of the Seventh Fleet has been and will continue to be to contribute to the security of the Far East. The United States reaffirms its intention to devote its efforts to the maintenance of peace and stability in that area and hopes that other governments will contribute their efforts to the same end. In discussing the decision of the officers and crew of the two vessels to seek asylum in the free world, the Polish Government's note reveals its concern that large numbers of Poles have fled from their homeland. Many of these people who have escaped from political and religious persecution in Poland, or have refused to return there, have sought asylum in the United States. The United States Gor- ernment, true to its traditional policies of granting asylum to those suffering from oppression, has welcomed and will continue to welcome persons such as the Polish officers and seamen from the Praca and Gottwald who sought refuge in this country. 105. FINAL REJECTION OF POLISH ALLEGATION OF RESPONSIBILITY IN THE CASES OF THE PRACA AND THE GOTTWALD: Note From the American Embassy at War saw to the Polish Foreign Ministry, February 21, 1955 1 The Embassy of the United States of America presents its compli- ments to the Ministry of Foreign Affairs and in accordance with in- structions received from the United States Government has the honor to reply to the Ministry's note of February 12, 1955, concerning the detention of two merchant vessels, the Praca and the Gottwald, by the navy of the Government of the Republic of China. The United States Government has repeatedly and categorically rejected the Polish Government's false charges alleging United States responsibility in this matter The United States Government once again rejects these charges and wishes it clearly understood that the United States considers inadmissible the Polish Government's attempt to determine the applicability of United States legislation to alleged United States conduct. of the United Nations rejected similar charges made against world opinion in recognizing the true nature and purposes of such accusations as are contained in the present note of the Polish Government. 1 Department of State Bulletin, Mar. 14, 1955, p. 430. 2 Ibid., pp. 430–432. I a o the 3 Os8 iels ote el cal re ). Se me nd 1 Department of State Bulletin, Feb. 6, 1950, p. 212. For the texts of docu- Policy, pp. 669–684; Korea's Independence (Department of State publication 2933; 1947); and Korea 1945-1948 (Department of State publication 3305; 1948). States and the Korean Problem (S. Doc. No. 74, 83d Cong., 1st sess.). the ion hat .to Part XV KOREA A. UNITED STATES MILITARY AND ECONOMIC ASSISTANCE PRIOR TO THE OUTBREAK OF THE KOREAN CONFLICT 1. REJECTION OF THE KOREAN AID BILL BY THE HOUSE OF OF REPRESENTATIVES: Statement by the President, January 21, VD 1950 1 r • I am releasing herewith a letter which I have received from the Oli- Secretary of State about the action of the House of Representatives in rejecting the Korean Aid Bill on Thursday 2 by a vote of 193–191. I entirely concur in the Secretary's views as to the seriousness of this action and the necessity for its speedy rectification. I shall take up che this matter with Congressional leaders and urge upon them the need for immediate action, in order that important foreign-policy interests of this country may be properly safeguarded. DT LETTER FROM THE SECRETARY OF STATE [January 20, 1950) Dear Mr. PRESIDENT: The Department of State received with concern and dismay the report that the House of Representatives had rejected the Korea Aid Bill of 1949 by a vote of 193 to 191. This action , if not quickly repaired, will have the most far-reaching adverse effects upon our foreign policy, not only in Korea but in many other areas of the world. It has been fundamental to our policy that in tnose areas where a reasonable amount of American aid can make the of difference between the maintenance of national independence and its collapse under totalitarian pressure, we should extend such aid within ah points dealing with Korea from 1945 to 1950, sce" A Decade of American Foreign Ill- 101 by TCS ce he pt ed 11. ch ܒܨܟ ܝ ܝܝ 2 Jan. 19, 1950. 2527 2528 AMERICAN FOREIGN POLICY, 1950-1955 81st Congress, 1st Session, on H. R. 5330, June 8-23, 1949. Hearings before the a prudent assessment of our capabilities. The American people 2 understand this policy and have supported our extending aid in such circumstances; the success of such aid is a matter of public record The Republic of Korea owes its existence in large measure to the United States, which freed the country from Japanese control . The peoples of the Republic of Korea, the other peoples of Asia, and the members of the United Nations under whose observation a govern- ment of the Republic was freely elected, alike look to our conduct in I Korea as a measure of the seriousness of our concern with the freedom and welfare of peoples maintaining their independence in the face di great obstacles. We have not only given the Republic of Korea independence; since then we have provided the economic, military, technical, and other assistance necessary to its continued existence . Of the current program of economic assistance we are extending to Korea, half was provided by the Congress during the previous session. The withholding of the remainder would bring our efforts to an end in mid-course. It is our considered judgment that if our limited assistance is continued the Republic will have a good chance of sur- vival as a free nation. Should such further aid be denied, that chance may well be lost and all our previous efforts perhaps prove to have been vain. We are concerned not only about the consequences of this abrupt about-face in Korea, whose government and people have made valiant efforts to win their independence and establish free institutions under the most difficult circumstances, but we are also deeply con- cerned by the effect which would be created in other parts of the world where our encouragement is a major element in the struggle for freedom. It is difficult for us to believe that the members of the House of Representatives who voted against this measure took sufficiently into account the serious implications of this action upon the position e the United States in the Far East. These implications were set forth in considerable detail in hearings before the committees of Congres by the Department of State Department of Defense, and the Economic Cooperation Administration, In our judgment it would be disastrous for the foreign policy of the United States for us to consider this action by the House of Representa tives as its last word on the matter. 1 63 Stat. 404–405, 485, and 739. 2 Hearings Before the Committee on Foreign Affairs, House of Representative in executives ession, June 28-July 12, 1949. SeesRept. No. 748, 81st Cong. $ 1 2 1 1st sess. KOREA 2529 et in Korea: Oreg DCC Ople ) 2. MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF KOREA, cord . JANUARY 26, 1950 1 the The Preamble I the The Governments of the United States and of the Republic of : dom Desiring to foster international peace and security, within the 2 of framework of the Charter of the United Nations, through measures which will further the ability of nations dedicated to the purposes art , and principles of the Charter to develop effective measures for self- defense in support of those purposes and principles; and without g te prejudice to continue[d] exertion of maximum efforts to obtain in agreements to provide the United Nations with armed forces as end provided by its Charter, and to obtain agreement among member ited nations upon universal regulation and reduction of armaments under scr adequate and dependable guarantee against violation; Recognizing that measures to eliminate insecurity caused by fear of aggression will enhance the progress of economic development; Considering that, in furtherance of these principles, the Govern- "upi ment of the United States has enacted the Mutual Defense Assistance lade Act of 1949 2 providing for the furnishing of military assistance by the United States of America to the Republic of Korea; and Desiring to set forth the understandings which govern the furnish- the ing of assistance by the Government of the United States under the for Mutual Defense Assistance Act of 1949, and the receipt of such assistance by the Republic of Korea; of Have agreed as follows: ince la Te IONS 2011- into ad ARTICLE I orth T'ess the the 1. Each Goveroment, consistently with the principle that economic recovery is essential to international peace and security and must be given clear priority, will make or continue to make available to the other, and to other Governments, such equipment, materials, services, or other military assistance as the Government furnishing such assistance may authorize and in accordance with such terms and conditions as it may agree. The furnishing of any such assistance as may be authorized by either party hereto shall be consistent with the Charter of the United Nations. Such assistance as may be made available by the United States of America pursuant to this Agreement will be furnished under the provisions, and subject to all of the terms, conditions and termination provisions, of the Mutual Defense As- sistance Act of 1949, and such other applicable United States laws hereafter come into effect. The two Governments will, from time to time, negotiate detailed arrangements necessary to carry out the provisions of this paragraph. res the ted ngon as may * TIAS 2019; 1 UST 137. * Act of Oct. 6, 1949; A Decade of American Foreign Policy, pp. 1356–1364. 415900_57-vol. 2 -56 2530 AMERICAN FOREIGN POLICY, 1950–1955 ta mor CO Ág th ARTICLE II The two Governments will, upon request of either of them, negotiate connection with equipment, materials or services furnished pursuant arising in its jurisdiction of nationals of any country not a party to this 2. The Government of the Republic of Korea undertakes to make effective use of assistance received pursuant to paragraph 1 of this Article for the purposes for which such assistance was furnished, and that Government will not, without the prior consent of the Govern- ment of the Urited States, devote assistance so furnished to purposes other than those for which it was furnished. 3. The Government of the Republic of Korea undertakes not to th transfer to any person not an officer or agent of such Government , or to any other nation, title to or possession of any equipment , me- terials, or services, pursuant to paragraph 1, without the prior con- sent of the Government of the United States. In the event that Article VIII of the Economic Cooperation Agreat ment between the Government of the Republic of Korea and the ot Government of the United States, signed on December 10, 1948.' ! A Seoul, Korea, shall cease to be in force prior to the termination of this Agreement, the Government of the Republic of Korea will , for $9 long as this Agreement remains in force, facilitate the production and transfer to the Government of the United States, for such period of w time, in such quantities and upon such terms and conditions as mayor be agreed upon, of raw and semi-processed materials required by the as United States of America as a result of deficiencies or potential deficiencies in its own resources, and which may be available in Kores Arrangements for such transfers shall give due regard to reasonable requirements for domestic use and commercial export of Korea. ARTICLE III 1. Each Government will take appropriate measures consistent with security to keep the public informed of operations under this Agreement. 2. Each Government will take such security measures as may be agreed between the two Governments in order to prevent the dis closure or compromise of classified military articles, services or in formation furnished by the other Government pursuant to this Agreement. ARTICLE IV appropriate arrangements between them respecting responsibility for patent or similar claims based on the use of devices, processes , teca nological information or other forms of property protected by law a to this Agreement. In such negotiations, consideration shall be given to including an undertaking whereby each Government will assume the responsibility for all such claims of its nationals and such claims V CO 0 î fo 0 0 R. ta to 8 . 1 TIAS 1908; 62 Stat., pt. 3, p. 3780. KOREA 2531 ARTICLE V IT- JSES ARTICLE VI ake this The Government of the Republic of Korea will, except as otherwise and agreed to, grant duty-free treatment and exemption from internal taxation upon importation or exportation of products, property, materials or equipment imported into its territory in connection with this Agreement. } to ent , ma- 1. The two Governments will, upon the request of either of them, consult regarding any matter relating to the application of this Agreement or to operations or arrangements carried out pursuant to this Agreement. 2. The Government of the Republic of Korea will accord, to duly ree authorized United States representatives, facilities freely and fully to the observe the utilization of assistance furnished pursuant to this bat Agreement. 1 of OD- ARTICLE VII I SO and The two Governments recognize their mutual interest, consistent I did with mutual security and recovery objectives, in effective controls mer over the export of war-potential materials, equipment, and, in so far the | as practicable, technical data; and the two Governments will consult till with a view to taking measures for the accomplishment of these ends. able rea ARTICLE VIII sent This be dis ill- this 1. This Agreement shall enter into force upon signature and will continue in force until three months after the receipt by either party of written notice of the intention of the other party to terminate it. This Agreement shall be submitted to the Korean National Assembly for ratification. 2. This Agreement shall be registered with the Secretary General of the United Nations in compliance with the provisions of Article 102 of the Charter of the United Nations. Done in duplicate, in the English and Korean languages, at Seoul, Korea, on this 26th day of January 1950. The English and Korean texts shall have equal force, but in case of divergence, the English IN WITNESS WHEREOF, the respective representatives, duly authorized for the purpose, have signed the present Agreement. text shall prevail. ate for ch- in BDI Fel me NIS his 2532 AMERICAN FOREIGN POLICY, 1950-1955 SUI 1 Je TE an an as Or 1 PL 447, 81st Cong., 2d sess. (64 Stat. 5-6; Department of State Bulletin, Mar. 3. ECONOMIC ASSISTANCE TO THE REPUBLIC OF KOREA : The Far Eastern Economic Assistance Act of 1950, February 14 1950 Be it enacted by the Senate and House of Representatives of the United of States of America in Congress assembled, That this Act be cited as the "Far Eastern Economic Assistance Act of 1950”. $3 SEC. 2. To enable the President until June 30, 1950, to obligate at funds heretofore appropriated for assistance in certain areas of China, section 12 of Public Law 47, Eighty-first Congress," is amended to by striking out "February 15, 1950” and inserting in lieu thered Re “June 30, 1950”. for SEC. 3. (a) The Administrator for Economic Cooperation is hereby the authorized to furnish assistance to the Republic of Korea in conformity with- to (1) the provisions of the Economic Cooperation Act of 1948 , sau amended, wherever such provisions are applicable and not incor- sistent with the intent and purposes of this section 3; and (2) the agreement on aid between the United States of America and the Republic of Korea signed December 10, 1948," or an supplementary or succeeding agreement which shall not substantiall 4. alter the basic obligations of either party. (b) Notwithstanding the provisions of any other law, the Admi. istrator shall immediately terminate aid under this section in the event of the formation in the Republic of Korea of a coalition goveri ment which includes one or more members of the Communist Party or of the party now in control of the government of northern Korea of (c) Notwithstanding the provisions of any other law, the Admin istrator is authorized to make available to the Republic of Kores in merchant vessels of tonnage not in excess of two thousand five hundred pf gross tons each, in a number not to exceed ten at any one time, with å stipulation that such vessels shall be operated only in east Asia to waters and must be returned forthwith upon demand of the Admin istrator and in any event not later than June 30, 1951. Any agene of the United States Government owning or operating any such res is authorized to make such vessel available to the Administrator for the purposes of this section upon his application, notwithstanding the provisions of any other law and without reimbursement by the th Administrator, and title to any such vessel so supplied shall remai in the United States Government. (d) In order to carry out the provisions of this section 3, there it K hereby authorized to be appropriated to the President, in addition to 13, 1950, p. 405). 2 A Decade of American Foreign Policy, pp. 1322–1327. 3 Ibid., pp. 1299-1321. For other amendments prior to Feb. 14, 1950, 3* and 63 Stat., passim. TIAS 1908; 62 Stat., pł. 3, p. 3780. In ts 01 B E ram KOREA 2533 mits erics ADE our fundamental declaration made at Cairo in 1943 with the United Kingdom and China (and later joined by the U. S. S. R.) "that in Bulletin, Mar. 20, 1950, pp. 454-455. Economic Cooperation Administration, Paul G. Hoffman, testified in executive S. Rept. No. 748, 81st Cong., 1st sess., p. 1. LEA: sums already appropriated, not to exceed $60,000,000 for the fiscal 11 Fear ending June 30, 1950. () Notwithstanding the provisions of any other law, until such time as an appropriation shall be made pursuant to subsection (d) millel of this section, the Reconstruction Finance Corporation is authorized 3 the and directed to make advances not to exceed in the aggregate $30,000,000 to carry out the provisions of this section, in such manner, igalke at such times, and in such amounts as the Administrator shall request, 3 dl and no interest shall be charged on advances made by the Treasury nded to the Reconstruction Finance Corporation for this purpose. The 278 Reconstruction Finance Corporation shall be repaid without interest for advances made by it hereunder, from funds made available for reby the purposes of this section 3. Sec. 4. The authorization for appropriations in this Act is limited to the period ending June 30, 1950, in order that any subsequent 8,8 authorizations may be separately passed on, and is not to be construed 108"as an express or implied commitment to provide furtber authorizations or appropriations. jalt 4. EXTENSION OF THE ECONOMIC ASSISTANCE PROGRAM FOR THE REPUBLIC OF KOREA: Statement by the Secretary min of State, March 7, 1950 1 the I appreciate the invitation to appear before your Committee with Parte Mr. Hoffman to explain to you briefly why I feel the continuation of the Korean economic recovery program for a second year is of real importance to the success of American foreign policy. I shall comes indeed be brief because I know that, although I myself was not dred present, this matter was fully discussed with you by Mr. Webb and Mr. Hoffman? only a few months ago. In addition, I have referred to the importance of our Korean program in discussions we have had during the present session. I believe the main questions we have to consider are: (1) the Bog importance of the proposed continuation of the economic recovery for program to the success of our over-all policy toward Korea and (2) in the part which our Korean policy plays in United States policy for the first as to Korea: You will recall that the United States has taken the leadership among the nations to attain the realization of Made before the Senate Foreign Relations Committee; Department of State et Fero Tel. mul sian min enCT the Far East. al el a to late 2534 AMERICAN FOREIGN POLICY, 1950–1955 SE e como W a Uj 81 al American Foreign Policy, pp. 677-678); 195 (III) of Dec. 12, 1948 (U. N. General to and 293 (IV) of Oct. 21, 1949 (A Decade of American Foreign Policy, pp. 682–684). General Assembly Res. 112 (II) of Nov. 14, 1947 (A Decade of American Foreign 6 Mutual Defense Assistance Act of 1949, Oct. 6, 1949, and Second Supple- due course Korea should become free and independent." When our own efforts to persuade the U.S.S. R. to join in holding free elections to establish a united country were unsuccessful, we referred the matter to the United Nations. The General Assembly has used and is using its best efforts to bring about the accomplishment of this S end, desired by all the Korean people. The success of its efforts I S has, thus far, been limited to assisting in the establishment of a fre government, the Republic of Korea, in what was formerly the area of United States occupation. 4 Upon the establishment of the Republic, the United States under p took to assist it to survive and develop as a democratic, representative government. To do this, the United States is providing the Republic with political support. Through our information and educational b programs, we are seeking to help the Republic develop a sound edu- b" cational system founded on principles of representative democracy . At the request of the Republic, we are maintaining there & Military Advisory Group to assist in training Korean security forces and to insure the efficient employment of United States military assistance E by those forces. Supplementing the prior transfer of military equir : ment under the Surplus Property Act, the Congress has authorized under the Mutual Defense Assistance Act the extension of military aid to Korea. And the Congress has recently authorized the Economie K Cooperation Administration to undertake a program intended to bring the economy of the Republic as nearly as possible to a self- supporting basis. In doing so the Congress authorized the expend . iture in the fiscal year 1950 of the total sum of 120 million dollars. ? P By means of these and related measures, the United States hopes to achieve the objective of strengthening the Republic of Kores to the point where it can (1) successfully withstand the threat of expand- ing Communist influence and control arising out of the existence in north Korea of an aggressive Soviet-dominated Communist regime and (2) serve as a nucleus for the eventual peaceful unification of the entire country on a democratic basis. The testimony presented to your Committee by Mr. Hoffman , Mr. Webb, and other witnesses at the time of hearings on the bill authoriz : ing the program for fiscal year 1950 indicated very plainly that the 1 Declaration of Dec. 1, 1943; A Decade of American Foreign Policy, p. 22.1.2018 Declaration of July 26, 1945, in its declaration of war against Japan, Aug. 8, 194 see Documents on American Foreign Relations, 1945-1946 (Princeton, 1945 , pp. 848–849. 2 See Korea's Independence (Department of State publication 2933; 1947) ht 3 See General Assembly Resolutions en12°C Intate NOV. 14, 1947 (A Decade e fo Policy, pp. 677-678) and was proclaimed, Aug. 15, 1948. 5 Act of Oct. 3, 1944; 58 Stat. 765. mentary Appropriation Act, 1950; 63 Stat. 716, 975. 7 Third Deficiency Appropriation Act, 1949, ' Oct. 10, 1949; 63 Stat. 739. in 01 to mo PI im R th be te PE ta n in t & fo KOREA 2535 1 Message of June 7, 1949; H, Doc. No. 212, 81st Cong., 1st sess. OU rea , ACT nce 7); has increased agricultural production and the well-being of the large farming population of Korea. It has given food to the families of the industrial workers and, by increasing production, has brought about mounting employment. authority requested was to carry out the first year of a planned 3-year 10 program intended to help Korea make substantial progress toward a the self-supporting economy. The program for which authority is now and requested for fiscal year 1951 is the second year of this 3-year program. this Since Mr. Hoffman will go into the economics of the program with you, orts I will not attempt to do so beyond saying that the Department of free State has participated in the preparation of the program which he will outline and supports it fully. Second, as to the place of this proposal in our over-all Far Eastern der policy, I have said that the United States is taking the leadership tire among the nations in helping the people of Korea attain the goal of a blic united independent nation, free from foreign domination. As a onal result of this initiative, the United States today is looked to not only du- by the people of Korea but by the peoples of the Far East and, in fact, by the people of democratic nations everywhere as the leader in the ACT struggle for the survival of a Korean Republic, both for itself and as a I to possible nucleus for the eventual peaceful unification of that country. Broadly speaking, the United States foreign policy in the Far 11g- East is directed toward encouraging and assisting the efforts of the ed peoples of that area to improve their welfare and security, to stabilize ary and develop their economies, to strengthen free institutions, and to advance the cause of self-government free from outside domination. Korea is one place in which the United States can continue to take well-defined positive steps to help a free democratic country to survive mnd in the face of efforts of communism to engulf it. Hundreds of millions si? of people of Southern and Southeastern Asia and the islands of the Pacific are now in a period where they must choose between the roads toward democracy or totalitarianism. As the President said in his ad- message to the Congress on Korean aid in June of last year: Korea has become a testing ground in which the validity and practical value of the ideals and principles of democracy which the Republic is putting into the practice are being matched against the practices of communism which have been imposed upon the people of north Korea. The survival and progress of the 11. far-reaching influence on the people of Asia. Republic toward a self-supporting, stable economy will have an immense and 17- Hill encourage the people of southern and southeastern Asia and the islands of Such progress by the young Republic he the Pacific to resist and reject the Communist propaganda with which they are besieged. Moreover, the Korean Republic , by demonstrating the success and people of northern Asia in resisting the control of the Communist forces which The people of Asia, as well as the people of Korea, have been able to see the way in which economic assistance from the United States has contributed already to the ability of the Korean people to move toward economic independence. The Economic Assistance Program mic to s pes to : 11 me Che ani have overrun them.1 45; 8), gn for It has made possible a small surplus حت 2536 AMERICAN FOREIGN POLICY, 1950-1955 CE t in re K fo A 11 1. th 21 8.1 area, and Chunchon area, and an amphibious landing was reported 2 United States Policy in the Korean Crisis (Department of State publication On May 2, 1951, the United Nations Command released two captured docu Republic of Korea; Security Council, Official Records, Supplement for 1 April be imported. This progress, together with the rehabilitation of factories, mines, and fishing facilities important to the Korean economy, has helped to give them faith in their form of government , strength to resist the constant pressures of communism, and con- fidence in their future. There is one further and fundamental question which must be considered: That is the probability of ultimate success of the effort of the Korean Republic to survive. In recent debates, a number of Members of the Congress have indicated their feeling that the possi- bility of failure makes them doubt the wisdom of the United States giving a helping hand in this effort. It is my belief that American policy should be based on determination to succeed rather than on fear of the possibility of failure. Despite the problems with which 6. the Republic of Korea is beset, both internally and externally, and despite its necessarily limited experience in self-government and paucity of technical and administrative know-how, conditions of stability and public order have continued to improve and the threst of Communist overthrow appears at least temporarily to have been he contained. There is good reason to hope from progress made thus far that with our assistance, the Republic of Korea can survive and thrive. This cannot, of course, be guaranteed. However, it continues to be true that without our assistance there can be no such hope. te B. INITIAL PHASE OF THE KOREAN CONFLICT, JUNE-OCTOBER 1950 K 5. ANNOUNCEMENT OF THE NORTH KOREAN ATTACK Telegram From the American Ambassador at Seoul' to the Secretary of State, June 25, 1950 2 According to Korean Army reports which are partly confirmed by in Korean Military Advisory Group field adviser reports, North Korean forces invaded Republic of Korea territory at several points this morning. Action was initiated about 4 a.m. Ongjin by North Korean artillery fire. About 6 a.m. North Korean infants commenced crossing the [38th] parallel in the Ongjin area, Kaesore made south of Kangnung on the east coast. Kaesong was 2 1 John J. Muccio. 3922; 1950), p. 11. The telegram was received in the Department of State on 3 June 24, marking the difference between Korean and Washington time. through 30 June, 1951 (S/2112), pp. 88–94. 1 I IS at was blasted / 7 reportedly cಳಿ'ದ 3! the 39 KOREA 2537 5 United States Policy in the Korean Crisis (Department of State publication > be SI- an en Government of Republic of Korea states that about 04:00 hrs. of captured at 9 a.m., with some ten North Korean tanks participating in the operation. North Korean forces, spearheaded by tanks, are nt, reportedly closing in on Chunchon. Details of the fighting in the 01 | Kangnung area are unclear, although it seems that North Korean forces have cut the highway. I am conferring with Korean Military Advisory Group advisers and Korean officials this morning concern- of ing the situation, of It would appear from the nature of the attack and the manner in which it was launched that it constitutes an all-out offensive against tes the Republic of Korea. 01 ich 6. REQUEST FOR SECURITY COUNCIL CONSIDERATION OF nd THE NORTH KOREAN AGGRESSION: Letter From the nd Deputy Representative of the United States at the United of Nations to the U.N. Secretary-General, June 25, 1950 2 sat DEAR MR. SECRETARY-GENERAL: I have the honour to transmit herewith the text of the message which I read to you on the telephone the at three o'clock this morning, June 25, 1950. Will his you be good enough to bring the message to the immediate attention of the President of the United Nations Security Council. [Enclosure) The American Ambassador to the Republic of Korea ' has informed the Department of State that North Korean forces invaded the territory of the Republic of Korea at several points in the early morn- 1, ing hours of June 25 (Korean time). Pyongyang Radio under the control of the North Korean regime, it is reported, has broadcast a declaration of war against the Republic of Korea effective 9 p.m. e.d.t. June 24. he An attack of the forces of the North Korean regime under the cir- cumstances referred to above constitutes a breach of the peace and an Upon the urgent request of my Government, I ask you to call an Oy immediate meeting of the Security Council of the United Nations. od 7. CONFIRMATION OF THE NORTH KOREAN AGGRESSION: Telegram From the United Nations Commission at Seoul to the U.N. Secretary-General, June 25, 1950 5 all along the 38th parallel. Major points of attack have included ue Faithfully yours, : act of aggression. 211 US 1 1 Ernest A. Gross. D United States Policy in the Korean Crisis (Department of State publication 3922; 1950), pp. 11-12. 3 John J. Muccio. 1 ng See supra. ܐܶ 3922; 1950), p. 12. 2538 AMERICAN FOREIGN POLICY, 1950–1955 If 01 N W m the great majority of the people of Korea reside; and that this Govern- will of the electorate of that part of Korea and which were observed Ongjin Peninsula, Kaesong area and Chunchon and east coast where b seaborne landings have been reported north and south of Kangnung Another seaborne landing reported imminent under air cover in Pohang area on southeast coast. The latest attacks have occurred along the parallel directly north of Seoul along shortest avenue of approach. Pyongyang radio allegation at 13:35 hrs. of South Korean invasion across parallel during night declared entirely false by Presi. dent and Foreign Minister in course of conference with Commission members and principal secretary. Allegations also stated Peoples Army instructed repulse invading forces by decisive counterattack and placed responsibility for consequences on South Korea. Briefing on situation by President included statement thirty-six tanks and armoured cars used in northern attacks at four points. Following K emergency Cabinet meeting Foreign Minister issuing broadcast to I. people of South Korea encouraging resistance against dastardly attack. President expressed complete willingness for Commission th broadcast urging cease-fire and for communication to United Nations II to inform of gravity of situation. Although North Korean declara- tion of war rumoured at 11:00 hrs. over Pyongyang radio, no confirma- tion available from any source. President not treating broadcast as official notice. United States Ambassador, appearing before Com- mission, stated his expectation Republican Army would give good pi account of itself. At 17:15 hrs, four yak-type aircraft strafed civilian and military re air fields outside Seouſ destroying planes, firing gas tanks and attack- ing jeeps. Yongdungpo railroad station on outskirts also strafed . Commission wishes to draw attention of Secretary-General to N serious situation developing which is assuming character of full-scale war and may endanger the maintenance of international peace and security. It suggests that he consider possibility of bringing matter to notice of Security Council. Commission will communicate more 9. fully considered recommendation later. 8. CALL FOR NORTH KOREAN WITHDRAWAL: Resolution of ba the United Nations Security Council, June 25, 1950 1 in U The Security Council Recalling the finding of the General Assembly in its resolution of 21 October 1949 2 that the Government of the Republic of Korea is a lawfully established government having effective control and juris diction over that part of Korea where the United Nations Temporary Commission on Korea was able to observe and consult and in which SI as 819 OT ca as I fo A 1 U.N. doc. S/INF/4, Feb. 1, 1951, pp. 5–6. 2 Res. 293 (IV); A Decade of American Foreign Policy, pp. 682–684. KOREA 2539 3 Department of State Bulletin, July 3, 1950, p. 5. lere in 247 est- 3101 2 1 פור nd to ally 201 DIS ra- 18- M- assistance to the United Nations in the execution of this resolution. In these circumstances, I have ordered United States air and sea Resolutions (A/810), pp. 25–27. . by the Temporary Commission; and that this is the only such govern- ment in Korea; ing, Mindful of the concern expressed by the General Assembly in its resolutions of 12 December 1948 1 and 21 October 1949 of the conse- Ted i quences which might follow unless Member States refrained from acts derogatory to the results sought to be achieved by the United Nations in bringing about the complete independence and unity of Korea; and the concern expressed that the situation described by the United Oles Nations Commission on Korea in its report menaces the safety and well being of the Republic of Korea and of the people of Korea and might lead to open military conflict there; Noting with grave concern the armed' attack on the Republic of Korea by forces from North Korea, ing Determines that this action constitutes a breach of the peace, I. Calls for the immediate cessation of hostilities; and Calls upon the authorities in North Korea to withdraw forthwith their armed forces to the 38th parallel; II. Requests the United Nations Commission on Korea (a) To communicate its fully considered recommendations on the 85 situation with the least possible delay, (b) To observe the withdrawal of North Korean forces to the 38th © To keep the Security Council informed on the execution of this ATT resolution; k III. Calls upon all Members to render every assistance to the United Nations in the execution of this resolution and to refrain from giving le assistance to the North Korean authorities. nd ter 9. INITIAL MEASURES TAKEN BY THE UNITED STATES IN THE KOREAN CRISIS: Statement by the President, June 27, 1950 d In Korea, the Government forces, which were armed to prevent border raids and to preserve internal security, were attacked by invading forces from North Korea. The Security Council of the United Nations called upon the invading troops to cease bostilities 21 and to withdraw to the 38th Parallel. This they have not done but, on the contrary, have pressed the attack. The Security Council called upon all members of the United Nations to render every forces to give the Korean Government troops cover and support. Res: 195 (III); U.N. General Assembly, Official Records, Third Session, Part I, mod parallel, and to re 3 8 D- Blo ? Supra. * Resolution of June 25, 1950; supra. 2540 AMERICAN FOREIGN POLICY, 1950-1955 COM WI 91 m DO SI Having called upon the authorities of North Korea to withdraw ! Korea 3 that the authorities in North Korea have neither ceased hos 1 For subsequent modification of this order, see President Eisenhower's message 3 Report of June 26, 1950; United States Policy in the Korean Crisis (Department The attack upon Korea makes it plain beyond all doubt that munism has passed beyond the use of subversion to conquer independ an ent nations and will now use armed invasion and war. It has defied the orders of the Security Council of the United Nations issued to N preserve international peace and security. In these circumstances, et the occupation of Formosa by Communist forces would be a direct threat to the security of the Pacific area and to United States fores 28 performing their lawful and necessary functions in that area. Accordingly, I have ordered the Seventh Fleet to prevent any at : tack on Formosa. As a corollary of this action, I am calling upon the Chinese Government on Formosa to cease all air and sea operation 11 against the mainland. The Seventh Fleet will see that this is done! The determination of the future status of Formosa must await the restoration of security in the Pacific, a peace settlement with Japan , or consideration by the United Nations. I have also directed that United States forces in the Philippines be strengthened and that military assistance to the Philippine Govern- S ment be accelerated. di I have similarly directed acceleration in the furnishing of military assistance to the forces of France and the Associated States in Indo- china and the dispatch of a military mission to provide close working relations with those forces. I know that all members of the United Nations will consider care- fully the consequences of this latest aggression in Korea in defiance h of the Charter of the United Nations. A return to the rule of foros in international affairs would have far-reaching effects. The United States will continue to uphold the rule of law. I have instructed Ambassador Austin, as the representative of the United States to the Security Council,'to report these steps to the Council. 1 10. CALL FOR UNITED NATIONS ASSISTANCE TO THE RE PUBLIC OF KOREA: Resolution of the United Nations Security Council, June 27, 1950 2 The Security Council Having determined that the armed attack upon the Republic of Korea by forces from North Korea constitutes a breach of the peace, Having called for an immediate cessation of hostilities; and li forthwith their armed forces to the 38th parallel; and Having noted from the report of the United Nations Commission for to Congress, Feb. 2, 1953; supra, p. 2475. 2 U.N. doc. S/INF/4, Feb. 1, 1951, p. 6. of State publication 3922; 1950), p. 21. V. 02 I CO KOREA 2541 3 be do- Government of the United States have given consideration to the ? Department of State Bulletin, July 10, 1950, p. 46. & Ibid. The Chinese aide-mémoire of June 30, 1950, offered 33,000 men. 5 Department of State Bulletin, July 10, 1950, p. 47. com urgent military measures are required to restore international peace end and security; and ofel Having noted the appeal from the Republic of Korea to the United Nations for immediate and effective steps to secure peace and se- curity, rect Recommends that the Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the area. isto the 1018 11. ADDITIONAL UNITED STATES MEASURES IN SUPPORT ne' OF THE REPUBLIC OF KOREA: Statement Released by the the White House, June 30, 1950 ? 181, At a meeting with Congressional leaders at the White House this morning, the President, together with the Secretary of Defense, the Secretary of State, and the Joint Chiefs of Staff , reviewed the latest developments of the situation in Korea. ATT The Congrešsional leaders were given a full review of the intensified military activities. ing In keeping with the United Nations Security Council's request for support to the Republic of Korea in repelling the North Korean in- vaders and restoring peace in Korea, the President announced that he had authorized the United States Air Force to conduct missions ICE on specific military targets in Northern Korea, wherever militarily necessary, and had ordered a naval blockade of the entire Korean coast. the the General MacArthur has been authorized to use certain supporting ground units. 12. OFFER OF GROUND FORCES BY THE REPUBLIC OF CHINA ity FOR SERVICE IN KOREA: Note From the Secretary of State to the Chinese Ambassador at Washington, July 1, 1950 6 In response to the request contained in the Chinese Embassy's of Aide-Mémoire of June 29, 1950, the appropriate authorities of the CE expression of willingness on the part of the Government of the Repub- lic of China to furnish ground forces for service in Korea in support For The Secretary of State desires to inform His Excellency the Ambas- sador of the Republic of China of the deep appreciation of the United States Government for this prompt and substantial demonstration of Message of June 26, 1950, from the Korean National Assembly; ibid., p. 17. are nice ted 31 of the United Nations. 7S 8t ge * Resolution of June 27, 1950; supra. Dr. Wellington Koo. 2542 AMERICAN FOREIGN POLICY, 1950–1955 Of 8 ni re IS CO CO 1 i About of State Bulletin print of the memorandum, and which summarized pertinent support for the United Nations on the part of the Government of the Republic of China. In light, however, of the threat of invasion PI of Taiwan by Communist forces from the mainland, a threat repeated in the last day or so by spokesmen for tbe Chinese Communist regime in Peiping, it is the view of the Government of the United States of th America that it would be desirable for representatives of General MacArthur's Headquarters to hold discussions with the Chinese mil- itary authorities on Taiwan concerning the plans for the defense of the island against invasion prior to any final decision on the wisdom UA of reducing the defense forces on Taiwan by transfer of troops to Korea. It is understood that General MacArthur's Headquarters of will be in communication with the appropriate Chinese_military authorities on Taiwan with a view to the dispatch from Tokyo o representatives of General MacArthur's Headquarters for this purpose . 13. CONSTITUTIONAL AUTHORITY FOR USE OF UNITED pe STATES FORCES IN KOREA: Memorandum by the Department of State, July 3, 1950 (Excerpts) Co This memorandum is directed to the authority of the President to order the Armed Forces of the United States to repel the aggressive Ar attack on the Republic of Korea, As explained by Secretary Acheson to the press on June 28, as tha soon as word of the attack on Korea was received in Washington , it was the view of the President and of all bis advisers that the first by responsibility of the Government of the United States was to report the attack to the United Nations 2 Accordingly, in the middle of the night of Saturday, June 24, 1950 , Ambassador Gross, the United States deputy representative at the Security Council of the United Nations, notified Mr. Trygve Lie , the Secretary-General of the United Nations, that armed forces from North Korea had commenced an unprovoked assault against the territory of the Republic of Korea, The President, as Commander in Chief of the Armed Forces of the United States, has full control over the use thereof. He also has authority to conduct the foreign relations of the United States Since the beginning of United States history, he has, upon numerous 1 Department of State Bulletin, July 31, 1950, pp. 173-177. Ellipses indicated ther discussion of this subject, "see Background Information on the Use of Unile in quotations herein were so indicated in the original memorandum. For fur States Armed Forces in Foreign countries (H. Rept. No. 127, 82d Cóng, ist sess.) 2 See the Department of State Bulletin, July 3, 1950, p. 6. 3 For the five paragraphs which were omitted at this point in the Department No. 2495, 81st Cong., 2d sess.), pp. 61-62. nie 001 an 3 m网址​www亂​址​迅​比如​羽​m th NE th re- re 20 $ 0 KOREA 2543 08 ed IS IT war. 113 to this discretionary right constitutionally vested in him, and, therefore, not subjecte reasonable to predict that, should the question be presented to it, the Supreme appeared in the original memorandum in the main text, however, rather than State Bulletin print of the memorandum.] Our Chief Magistrate and His Powers, 1916, pp. 128–129. occasions, utilized these powers in sending armed forces abroad. The of preservation of the United Nations for the maintenance of peace is à cardinal interest of the United States. Both traditional inter- national law and article 39 of the United Nations Charter i and the m18 resolution pursuant thereto ? authorize the United States to repel of the armed aggression against the Republic of Korea. ! The President's control over the Armed Forces of the United States il . is based on article 2, section 2 of the Constitution which provides that of he "shall be Commander in Chief of the Army and Navy of the - United States." to In United States v. Sweeny, the Supreme Court said that the object of this provision was "evidently to vest in the President the supreme command over all the military forces—such supreme and undivided of command as would be necessary to the prosecution of a successful That the President's power to send the Armed Forces outside the country is not dependent on Congressional authority has been re- peatedly emphasized by numerous writers. mt For example, ex-President William Howard Taft wrote: The President is made Commander in Chief of the Army and Navy by the Constitution evidently for the purpose of enabling him to defend the country against invasion, to suppress insurrection and to take care that the laws be faithfully executed. If Congress were to attempt to prevent his use of the Army for any of these purposes, the action would be void. Again, in the carrying on of war as Commander in Chief, it is he who is to determine the move- ments of the Army and of the Navy. Congress could not take away from him it that discretion and place it beyond his control in any of his subordinates, nor could they themselves, as the people of Athens attempted to carry on campaigns st by votes in the market-place. rt Professor Willoughby writes: 9 As to his constitutional power to send United States forces outside the country in time of peace when this is deemed by him necessary or expedient as a means of preserving or advancing the foreign interests or relations of the United States, there would seem to be equally little doubt, although it has been contended by some that the exercise of this discretion can be limited by congressional statute. That Congress has this right to limit cr to forbid the sending of United States forces outside of the country in time of peace has been asserted by so eminent the authority as ex-Secretary Root. It would seem to (the) author, however, Navy , and his general control of the foreign relations of the United States , has 1o. congressional control. Especially, since the argument of the court in Myers v, United States with reference to the general character of the executive power vested in the President, and, apparently, the authority impliedly vested in him by reason of his obligation to take care that the laws be faitħfully executed, it is U.N. Security Council Resolution of June 27, 1950; supra, doc. 10. Dh57 S. (1895) 281, 284. This citation, and most of those which follow, [Citation in the ze AS 16 le 11 S. 1. 1 1 Supra, p. 144. original memorandum.] 2544 AMERICAN FOREIGN POLICY, 1950-1955 sec th uni use 1 The Constitutional Law of the United States, 1929, vol. III, p. 1567. [Citation 4 58 Cong. Rec., pt. 8, p. 8195, Nov. 10, 1919, 66th Cong., 1st sess. (Citation Court will so hold. Of course, if this sending is in pursuance of express provisions 1 of a treaty, or for the execution of treaty provisions, the sending could not reason ably be subject to constitutional objection. Na rele In an address delivered before the American Bar Association in POT 1917 on the war powers under the Constitution, Mr. Hughes stated that "There is no limitation upon the authority of Congress to create 881 an army and it is for the President as Commander-in-Chief to direct of 1 the campaigns of that Army wherever he may think they should be 1 carried on. He referred to a statement by Chief Justice Taney in Fleming v. Page (9 How. 615) in which the Chief Justice said that es of 1 Commander in Chief the President “is authorized to direct the STE movements of the naval and military forces placed by law at his command." 2 the At the time the approval of the Treaty of Versailles was under consideration in the Senate, there was under discussion a reservation oft to article 10, presented by Senator Lodge, to the effect that "Con- inci gress. under the Constitution, has the sole power to declare war I or authorize the employment of the military or naval forces of the Coi United States." Senator Walsh of Montana stated in debate on abr November 10, 1919 that the statement was a recital of "What is asserted to be a principle of constitutional law.” He said that if- hop Am any declaration of that character should ever be made by the Senate of the United States, it would be singularly unfortunate. It is not true. It is not par sound. It is fraught with the most momentous consequences, and may involve disasters the extent of which it is hardly possible to conceive. the The whole course of our history has been a refutation of such a declaration , namely, that the President of the United States, the Chief Executive of the United States, the Commander in Chief of the Army of the United States , has bist no power to employ the land or naval forces without any express authorization to upon the part of Congress. Since the beginning of our Government, our Navybes been sent over the seven seas and to every port in the world. Was there ever the any congressional act authorizing the President to do anything of that kind? fore He stated that our Navy travels the sea "in order to safeguard and WAS protect the rights of American citizens in foreign lands. Who can the doubt that the President has no [sic] authority thus to utilize the It he naval and land forces of the United States?'' Mr. Borah stated: I agree fully with the legal or constitutional proposition which the Senator I states, and I hope this (reservation] will be stricken out. It is an act of super erogation to put it in. It does not amount to anything. It is a recital which is sph not true. would simply be vain and futile and, if I may say so, with due respect to those who It can not change the Constitution, and it ought not to be there. drew it, the doing of an inconsequential thing.' Cit . in the original memorandum.] 2 Ş. Doc. 105, 65th Cong., 1st sess., p. 7. [Citation in the original randum.] 3 Bracketed insertion in the original memorandum. in the original memorandum.] Cit , deb 108 dor тер. It ques 1 ? the cite memo- & SE cite Blitz & KOREA 2545 101 01 Tar the Citation in the original memorandum.] 1 United States v. Curtiss-Wright Export Corp. et al. (299 U.S. (1936) 304, 319). the Department of State Bulletin, July 31, 1950, pp. 177-178, and in the above cited H. Rept. No. 2495, pp. 67–68. At this point in the memorandum appeared cited a pamphlet by James Grafton Rogers entitled World Policing and the Con- a sentence (omitted in the Bulletin but printed in H. Rept. No. 2495, p. 64) which Citation in the original memorandum.] Cong. Rec., 79th Cong., 1st sess., vol. 91, pt. 8, Nov. 26, 1945, p. 10967. ion: Not only is the President Commander in Chief of the Army and SON Navy, but he is also charged with the duty of conducting the foreign relations of the United States and in this field he "alone has the in power to speak or listen as a representative of the Nation." I ted Obviously, there are situations in which the powers of the President zate as Commander in Chief and his power to conduct the foreign relations rect of this country complement each other. be The basic interest of the United States is international peace and in security. The United States has, throughout its history, upon orders cas of the Commander in Cbief to the Armed Forces and without con- the gressional authorization, acted to prevent violent and unlawful acts bis in other states from depriving the United States and its nationals of the benefits of such peace and security. It has taken such action both der unilaterally and in concert with others. A tabulation of 85 instances the use of American Armed Forces without a declaration of war was incorporated in the Congressional Record for July 10, 1941.2 It is important to analyze the purposes for which the President as Commander in Chief has authorized the despatch of American troops abroad. In many instances, of course, the Armed Forces have been used to protect specific American lives and property. In other cases, however, United States forces have been used in the broad interests of e of de American foreign policy, and their use could be characterized as mot participation in international police action. The traditional power of the President to use the Armed Forces of the United States without consulting Congress was referred to in debates in the Senate in 1945. Senator Connally remarked: “The bistorical instances in which the President has directed armed forces in to go to other countries have not been confined to domestic or internal instances at all.” Senator Millikin pointed out that "in many cases the President bas sent troops into a foreign country to protect our nd loreign policy . . . notably in Central and South America." "That was done,” he continued, "in order to keep foreign countries out of fine there was not aimed at protecting any particular American citizen. het was aimed at protecting our foreign policy." To his remark that he presumed that by the Charter of the United Nations we had laid per pin a foreign policy which we could protect, Senator Connally replied that that was "absolutely correct." He added: I was trying to indicate that fact by reading the list of instances of intervention oh our part in order to keep another government out of territory in this hemi- estion involving the protection of some American citizen or American property of the tabulation was annexed to the memorandum. It is printed in Ive On, the has Ver 201 er is 11 ho at the moment3 3D g А copy 11 stitution. 415902-57-Vol. 257 2546 AMERICAN FOREIGN POLICY, 1950-1955 88 the 811 an NA ADI Taft, op. cit. pp. 114-115; Rogers, op. cit. pp. 58–62. [Citations in the original | MT 2 John Bassett Moore, A Digest of International Law, vol. v, pp. 747-748 3 Ibid., p. 750; S. Ex. Doc. 58, 41 Cong. 2d sess. [Citations in the original 4 Report of the Secretary of the Navy, 1868, p. xi. [Citation in the original | During the Boxer Rebellion in China in 1900-1901, the President sent about 5,000 troops to join with British, Russian, German, French, ch and Japanese troops to relieve the siege of the foreign quarters i Peking and reestablish the treaty status. This was done without express congressional authority. In defining United States policy at the time Secretary of State Hay said: The purpose of the President is, as it has been heretofore, to act com- currently with the other powers; first, in opening up communication with Peking and rescuing the American officials, missionaries, and other Americans who are in St danger; secondly, in affording all possible protection everywhere in China to rig American life and property; thirdly, in guarding and protecting all legitimate la American interests; and, fourthly, in aiding to prevent a spread of the disorder to the other provinces of the Empire and a recurrence of such disasters. It is, of course, too early to forecast the means of attaining this last result; but the policy of the Government of the United States is to seek a solution which may bring about permanent safety and peace to China, preserve Chinese territorial and administre the tive entity, protect all rights guaranteed to friendly powers by treaty and inter- ba national law, and safeguard for the world the principle of equal and impartial trade with all parts of the Chinese Empire.i After the opening up of Japan to foreigners in the 1850's through to the conclusion of commercial treaties between Japan and certam Western powers, antiforeign disturbances occurred. In 1863, the American Legation was burned following previous attacks on the Br British Legation. The commander of the U. S. S. Wyoming was in : structed to use all necessary force for the safety of the legation or of Americans residing in Japan. Secretary of State Seward said that the pen prime objects of the United States were: First, to deserve and win the confidence of the Japanese Government and people, 'if possible, with a view to the common interest of all the treaty power tal secondly, to sustain and cooperate with the legations of these powers, in good faith, Ice so as to render their efforts to the same end effective.2 Ur In 1864, the Mikado, pot recognizing the treaties with the Western tro powers, closed the straits of Shimonoseki. At the request of the Un Tycoon's government (opposed to the Mikado), American, Britist . Kot French, and Netherlands forces, in a joint operation, opened the for straits by force. The object of the Western powers was the enforcer le ment of treaty rights, with the approval of the government that is granted them. Again, in 1868, a detachment of Japanese troops assaulted foreign residents in the streets of Hiogo. One of the crew of the Oneida vas threatened, naval forces of the treaty powers made a joint landies com and adopted measures to protect the foreign settlement. Ch 1 John Bassett Moore, A Digest of International Law, vol. V, p. 482. Se ako [Citation in the original memorandum.] CE ori an G1 ford 1 tion 2 Cit 3 memorandum.] KOREA 2547 COI nter nigol by Germany against the Western Hemisphere. 3 ling consulting the Congress for the purpose of protecting the foreign Charter was, of course, a landmark in the development of American 1 World Policing and the Constitution, published by the World Peace Founda- tion, 1945, pp. 66, 67. [Citation in the original memorandum.] Citation in the original memorandum.] 2 John Bassett Moore, A. Digest of International Law, vol. I, pp. 545-546. Cong. Rec., 77th Cong., 1st sess., vol. 87, pt. 6, July 7, 1941, p. 5868. dent Former Assistant Secretary of State James Grafton Rogers has characterized these uses of force as "international police action", saying: hout olies. They amounted to executive use of the Armed Forces to establish our own and the world's scheme of international order. Two American Presidents used men, ships and guns on a large and expensive scale.1 eking In 1888 and 1889, civil war took place in Samoa where the United ein States, Great Britain, and Germany had certain respective treaty na to rights for the maintenance of naval depots. German forces were landed, and the German Government invited the United States to rders is, of join in an effort to restore calm and quiet in the islands in the interest policy of all the treaty powers. The commander of the United States naval about forces in the Pacific was instructed by the Secretary of the Navy that to the United States was willing to cooperate in restoring order on the artial basis of the full preservation of American treaty rights and Samoan authority, as recognized and agreed to by Germany, Great Britain, and the United States.” He was to extend full protection and defense ough to American citizens and property, to protest the displacement of the tain native government by Germany as violating the positive agreement and understanding between the treaty powers, but to inform the the British and German Governments of his readiness to cooperate in T of causing all treaty rights to be respected and in restoring peace and order on the basis of the recognition of the Samoan right to inde- pendence. On July 7, 1941, the President sent to the Congress & message sod announcing that as Commander in Chief he had ordered the Navy to en take all necessary steps to insure the safety of communications between ait Iceland and the United States as well as on the seas between the United States and all other strategic outposts and that American ten troops had been sent to Iceland in defense of that country. The the United States, he said, could not permit "the occupation by Germany strategic outposts in the Atlantic to be used as air or naval bases the for eventual attack against the Western Hemisphere.” For the same me reason, he said, substantial forces of the United States had been sent but to the bases acquired from Great Britain in Trinidad and British Guiana in the South to forestall any pincers movement undertaken ing the President had used the Armed Forces of the United States without i Milikin agreed that the President was entitled to use armed forces in As noted above, Senator Connally and Senator 5 11- the ish, FAS also foreign policy: 748 ina! ind! in the original memorandum.] (Citation 2548 AMERICAN FOREIGN POLICY, 1950-1955 9 In 81 01 11 W 0 United States, because it will be on a par with the Constitution, which provides So I have no doubt of the authority of the President in the past, and his author 1 Cong. Rec., 79th Cong., 1st sess., vol. 91, July 27, 1945, p. 8127-8128. {Cita. 7.2 Ibid., July 26, 1945, p. 8064-8065. [Citation in the original memorandum.) protection of the foreign policy represented by the Charter. This view was also expressed in the Senate debates in connection with the ratification of the Charter. For example, Senator Wiley made the u following pertinent statement: d It is my understanding, according to the testimony given before the Foreign Relations Committee of the Senate, that the terms "agreement or agreements " as used in article 43 are synonymous with the word "treaty." On the other hand, I recognize that Congress might well interpret them as agreements brought about by the action of the Executive and ratified by a joint resolution of both Houses. These agreements would provide for a police force and the specific responsibility of each nation. But outside of these agreements, there is the power in our Executive to preserve the peace, to see that the "supreme laws" are faithfully executed. When we become a party to this charter, and define ou responsibilities by the agreement or agreements, there can be no question of the power of the Executive to carry out our commitments in relation to international policing. His constitutional power, however, is in no manner impaired. PE An even fuller exposition of the point was made by Senator Austin , who stated: Mr. President, I am one of those lawyers in the United States who believe that the general powers of the President-not merely the war powers of the President N but the general authority of the President-are commensurate with the obligation which is imposed upon him as President, that he take care that the laws are faithfully executed. That means that he shall take all the care that is required to see that the laws are faithfully executed. Of course, there are other specific references in the Constitution which show N that he has authority to employ armed forces when necessary to carry out specific things nam.ed in the Constitution; but the great over-all and general authority arises from his obligation that he take care that the laws are faithfully executed. That has been true throughout our history, and the Chief Executive has taken care, and has sent the armed forces of the United States, without any act of Congress preceding their sending, on a great many occasions. I have three different compilations of those occasions. One of them runs as high as 150 times; another of them 12 times, and so forth. It makes a difference whether we consider the maneuvers which were merely shows of force as combined (comprised?] in the exercise of this authority-as I door whether we limit the count to those cases in which the armed forces have actually entered upon the territory of a peaceful neighbor . But there is no doubt in my mind of his obligation and authority to employ all the force that is necessary to enforce the laws. It may be asked, How does a threat to international security and peace violate the laws of the United States? Perhaps, Mr. President, it would not have violated the laws of the United States previous to the obligations set forth in this treaty . bu Perhaps we have never before recognized as being true the fundamental doctrine with which I opened my remarks. But we are doing so now. We recognize the ri a breach of the peace anywhere on earth which threatens the security and peace of the world is an attack upon us; and after this treaty is accepted by 29 nations th that will be the express law of the world. It will be the law of nations, because according to its express terms it will bind those who are nonmembers, as well as members, and it will be the law of the United States, because we shall have A adopted it in a treaty. Indeed, it will be above the ordinary statutes of the dent is the officer under our constitution in whom there is exclusively vested the responsibility for maintenance of peace.? tion in the original memorandum.] n 8 th IE 8 CA 88 1 h 01 LI de V 01 KOREA 2549 ther ara OW the 910 This Action contrary to the Charter of the United Nations is action the against the interests of the United States. Preservation of peace the under the Charter is a cornerstone of American foreign policy. Presi- dent Truman said in his inaugural address in 1949: eigi In the coming years, our program for peace and freedom will emphasize four major courses of action. First , we will continue to give unfaltering support to the United Nations and ight related agencies, and we will continue to search for ways to strengthen their voth authority and increase their effectiveness.1 cific the In the Korean situation, the resolution of the Security Council of June 25 determined, under article 39 of the Charter, that the action of the North Koreans constituted a breach of the peace and called upon "the authorities in North Korea (a) to cease hostilities forth- inal with; and (b) to withdraw their armed forces to the thirty-eighth parallel.” It also called upon "all Members to render every assistance to the United Nations in the execution of this resolution." This is an application of the principles set forth in article 2, paragraph 5 hat of the Charter, which states: "All Members shall give the United eat Nations every assistance in any action it takes in accordance with the present Charter The Security Council resolution of June 27, passed after the North Korean authorities had disregarded the June 25 resolution, recommended "that Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the area." This recommendation was also made under the authority of article 39 of the Charter. ing The President's action seeks to accomplish the objectives of both The continued defiance of the United Nations by the North Korean authorities would have meant that the United Nations would have ceased to exist as a serious instrumentality for the maintenance of international peace. The continued existence of the United Nations as an effective international organization is a paramount United States interest . The defiance of the United Nations is in clear violation ed of the Charter of the United Nations and of the resolutions adopted EN by the Security Council of the United Nations to bring about a settle- ment of the problem. It is a threat to international peace and secu- operity, a threat to the peace and security of the United States and to the security of United States forces in the Pacific. These interests of the United States are interests which the Presi- dent as Commander in Chief can protect by the employment of the Armed Forces of the United States without a declaration of war. It Was they which the President's order of June 27 did protect. This order was within his authority as Commander in Chief. OT ific ses 188 has of 22 resolutions. en This che Dr. all ate ne at & Se 916 ye he 28 72 'Address of Jan. 20, 1949; Department of State Bulletin, Jan. 30, 1949, p. 124. 2550 AMERICAN FOREIGN POLICY, 1950–1955 14. DESIGNATION OF THE UNIFIED COMMAND: Resolution of the United Nations Security Council, July 7, 1950 an 1 t in N in the area, The Security Council, po Having determined that the armed attack upon the Republic of in Korea by forces from North Korea constitutes a breach of the peace, Having recommended that Members of the United Nations furnish Co such assistance to the Republic of Korea as may be necessary to op repel the armed attack and to restore international peace and security is 1. Welcomes the prompt and vigorous support which governmenta and peoples of the United Nations have given to its Resolutions of 16 25 and 27 June 1950 to assist the Republic of Korea in defending itself against armed attack and thus to restore international peace and security in the area; 2. Notes that Members of the United Nations have transmitted to the United Nations offers of assistance for the Republic of Korea ; 3. Recommends that all Members providing military forces and E: other assistance pursuant to the aforesaid Security Council resolutions th make such forces and other assistance available to a unified command under the United States; 4. Requests the United States to designate the commander of such forces; 5. Authorizes the unified command at its discretion to use the United Nations flag in the course of operations against North Korean U. forces concurrently with the flags of the various nations participating : m 6. Requests the United States to provide the Security Council with N reports as appropriate on the course of action taken under the unified command. th STI 15. DESIGNATION OF THE UNITED NATIONS COMMANDER: Statement by the President, July 8, 1950 % the SU re ar ca an an N VO. The Security Council of the United Nations, in its resolution of July 7, 1950,4 has recommended that all members providing military forces and other assistance pursuant to the Security Council resoli- tions of June 25 and 27, make such forces and other assistance avai- able to a unified command under the United States. The Security Council resolution also requests that the United States designate the commander of such forces, and authorizes the unified command at its discretion to use the United Nations fleg in the course of operations against the North Korean forces concurrenti with the flags of the various nations participating. I am responding to the recommendation of the Security Council 1 De 2 loc of So COD Soo lov per 3 198 2 1 U.N. doc. S/INF/4, Feb. 1, 1951, pp. 6–7. Supra, docs. 8 and 10. 3 Department of State Bulletin, July 17, 1950, p. 83. 4 Supra. 5 Supra, docs. 8 and 10. KOREA 2551 permanent solution of the Korean problem" (ibid., p. 170). ace Delhi; Department of State Bulletin, July 31, 1950, pp. 170–171. Soviet Socialist Republics can return to it, and, whether within or through informal contacts outside the Council, the United States of America, the Union of Soviet loving nations, can find a basis for terminating the [Korea] conflict and for a Socialist Republics, and China, with the help and cooperation of other peace- ind and have designated General Douglas MacArthur as the Command- ing General of the military forces which the members of the United Nations place under the unified command of the United States pursuant to the United Nations' assistance to the Republic of Korea cd in repelling the unprovoked armed attack against it. ace , I am directing General MacArthur, pursuant to the Security nish Council resolution, to use the United Nations flag in the course of I to operations against the North Korean forces concurrently with the rity flags of the various nations participating. ents s of 16. UNITED STATES VIEWS ON THE ROLE OF THE UNITED ling NATIONS IN REPELLING THE AGGRESSION IN KOREA: Message From the Secretary of State to the Prime Minister of India, July 18, 1950 1 ted rea I am deeply appreciative of the high purpose which prompted Your and Excellency in sending the message which I received on July 13, 1950, Os through your distinguished Ambassador in Washington 2 and your and subsequent message of the 17th transmitting Prime Minister Stalin's reply to your similar letter to him of July 13. Both the President uch and I have given the most thoughtful consideration to these communi- cations. the One of the most fundamental objectives of the foreign policy of the Pan United States is to assist in maintaining world peace, and the Govern- ment of the United States is firmly of the opinion that the United i Nations is the most effective instrument yet devised for maintaining hed and restoring international peace and security. The United States is therefore, eager to do all that is proper and possible to preserve and strengthen the United Nations. The purpose of the United States Government and of the American people with respect to Korea is to support by all means at our disposal the determination of the United Nations to repel the armed attack upon Korea and to restore international peace and security in the area. il We desire both to prevent the spread of aggression beyond Korea and to end it there-as required by the Security Council of the United ail We are deeply conscious of the fact that law-abiding governments and peoples throughout the world have a vital stake in the issues in- ed volved in this aggression and in the success of the United Nations in Transmitted telegraphically through the American Ambassador at New for di ef the People's Government of china than Taher ist seat in the Council, the Union of bek over Chinese representation) in the security Council so that representatives D. JI lu- che ? The 1953 2552 AMERICAN FOREIGN POLICY, 1950–1955 of of OC SIO re CO VE 2 Prime Minister Nehru, in a reply of July 19, 1950, referred to the American and Indian Governments' policy of maintaining peace and supporting the United Nations, and added that his suggestion of July 13 had been "designed to fulfill dealing with it. It is painful to realize that there could have long since been a restoration of peace and the saving of the lives of those fo fighting on behalf of the United States [Nations) 1 had not a small minority of the United Nations failed to meet their obligations under the Charter and refused to use their authority and influence to prevent in or stop the hostilities. The acceptance of their obligations and the exercise of their authority and influence in accordance with those al obligations would restore peace tomorrow. A breach of the peace or an act of aggression is the most serious matter with which the United Nations can be confronted. We do not el believe that the termination of the aggression from northern Korea can be contingent in any way upon the determination of other ques. U tions which are currently before the United Nations. There has not been at any time any obstacle to the full participation by the Soviet Union in the work of the United Nations except the decision of the Soviet Government itself. The Security Council has dr shown that it is both competent and willing to act vigorously for the maintenance of peace. In our opinion, the decision between competing claimant govern th ments for China's seat in the United Nations is one which must be reached by the United Nations on its merits. It is a question on which there is at present a wide diversity of views among the membership of the United Nations. I know you will agree that the decision should at not be dictated by an unlawful aggression or by any other conduct which would subject the United Nations to coercion and duress. PL I know that Your Excellency shares our earnest desire to see an early restoration of peace in Korea in accordance with the resolutions the of tħe Security Council , and I asure you of our eagerness to work with tor you and your great country to establish in the United Nations a means K by which the fear of aggression can be permanently lifted from the peoples of the earth.2 gu po 17. REPORT BY THE PRESIDENT TO THE CONGRESS ON THE SITUATION IN KOREA, JULY 19, 1950 (Excerpts) pre To the Congress of the United States: I am reporting to the Congress on the situation which has been inco created in Korea, and on the actions which this Nation has take, the as a member of the United Nations, to meet this situation. I am of these events for this Nation and the world, and certain recom shop also laying before the Congress my views concerning the significane este mendations for legislative action which I believe should be taken si Ch this time. 1 Correct version as found in Department of State press release 759, July 1950. 8 se 18 OTO 3 an ab- nal for age to 1 P. bili : H. Doc. No. 646, 81st Cong., 2d sess. KOREA 2553 bility for the aggression, see infra, doc. 21. 1 Dres tion reto. On June 25, within a few hours after the invasion was launched Charter, created a real and present danger to the security of every 1 for the United Nations, since it was an attempt to settle, by military nation. This attack was, in addition, a demonstration of contempt long At 4 o'clock in the morning, Sunday, June 25, Korean time, armed 108 forces from north of the thirty-eighth parallel invaded the Republic mal of Korea. nder The Republic of Korea was established as an independent nation rent in August 1948, after a free election held under the auspices of the the United Nations. This election, which was originally intended to cover 20 all of Korea, was held only in the part of the Korean peninsula south of the thirty-eighth parallel, because the Soviet Government, which LOWS occupied the peninsula north of that parallel, refused to allow the not election to be held in the area under its control. The United States, and a majority of the other members of the ples United Nations, have recognized the Republic of Korea. The admis- sion of Korea to the United Nations has been blocked by the Soviet the In December 1948 the Soviet Government stated that it had with- has drawn its occupation troops from northern Korea, and that a local regime had been established there. The authorities in northern Korea continued to refuse to permit United Nations observers to pass the er: thirty-eighth parallel to supervise or observe a free election, or to be verify the withdrawal of Soviet troops. ich Nevertheless, the United Nations continued its efforts to obtain pd a freely elected government for all of Korea and, at the time of the bild attack, a United Nations Commission, made up of representatives of Auct seven nations-Australia, China, El Salvador, France, India, the Philippines and Turkey-was in the Republic of Korea. Just 1 day before the attack of June 25, field observers attached to in the United Nations Commission on Korea had completed a routine tour, lasting 2 weeks, of the military positions of the Republic of 2015 Korea south of the thirty-eighth parailel . The report of these inter- the national observers stated that the Army of the Republic of Korea was organized entirely for defense. The observers found the parallel guarded on the south side by small bodies of troops in scattered out- ON posts, with roving patrols. They found no concentration of troops and no preparation to attack. The observers concluded that the absence of armor, air support, heavy artillery, and military supplies precluded any offensive action by the forces of the Republic of Korea, from the north, the Commission reported to the United Nations that the attack had come without warning and without provocation. The reports from the Commission make it unmistakably clear that the attack was naked, deliberate, unprovoked aggression, without a This outright breach of the peace, in violation of the United Nations vith leen kel nce shadow of justification. 1 186 iCAD uited ileil to settle by peaceful means. 71) hi or the analysis and conclusions of the U.N. Commission concerning responsi- 2554 AMERICAN FOREIGN POLICY, 1950–1955 hostilities nor withdrawn to the thirty-eighth parallel, the United 9 02 TV United States air and sea forces to give the Korean Government On Tuesday, June 27, when the United Nations Commission in Korea had reported that the northern troops had neither ceased Nations Security Council met again and passed a second resolution, The attack on the Republic of Korea, therefore, was a clear challenge to the basic principles of the United Nations Charter and to the specið actions taken by the United Nations in Korea. If this challenge head not been met squarely, the effectiveness of the United Nations would have been all but ended, and the hope of mankind that the United Nations would develop into an institution of world order would havet been shattered, Prompt action was imperative. The Security Council of the United Nations met, at the request of the United States, in New York at 2 o'clock in the afternoon, Sunday, June 25, eastern daylight time b Since there is a 14-hour difference in time between Korea and New York, this meant that the Council convened just 24 hours after the attack began. At this meeting the Security Council passed a resolution' which called for the immediate cessation of hostilities and for the withdrawal de of the invading troops to the thirty-eighth parallel, and which re- quested the members of the United Nations to refrain from giving aid to the northern aggressors and to assist in the execution of this resolution. The representative of the Soviet Union to the Security Council stayed away from the meeting, and the Soviet Government has refused to support the Council's resolution. The attack launched on June 25 moved ahead rapidly. The tactical surprise gained by the aggressors, and their superiority in planes, so tanks, and artillery, forced the lightly armed defenders to retreat The speed, the scale, and the coordination of the attack left no doubt that it had been plotted long in advance. NE When the attack came, our Ambassador to Korea, John J. Muccio, ha began the immediate evacuation of American women and children from the danger zone. To protect this evacuation, air cover and sex cover were provided by the commander in chief of United States forces in the Far East, General of the Army Douglas MacArthur. I AD response to urgent appeals from the Government of Korea, Genera la MacArthur was immediately authorized to send supplies of ammun . tion to the Korean defenders. These supplies were sent by air trans be port, with fighter protection. The United States Seventh Fleet w NA ordered north from the Philippines, so that it might be available in the area in case of need. Throughout Monday, June 26, the invaders continued their attack with no heed to the resolution of the Security Council of the United Nations. Accordingly, in order to support the resolution, and on the ba unanimous advice tour civil and military authorities , I ordered troops cover and support.2 ot 82 m נו ave al aci age res f 3 me 1 2 3 1 Supra, doc. 8. 2 Statement of June 27, 1950; supra, doc. 9. Report of June 26, 1950; United States Policy in the Korean Crisis , p. 21. 3 KOREA 2555 3 See the President's statement of July 8, 1950; supra, doc. 15. our memory: 2015 | MacArthur's command. The other offers of assistance that have meetings of the Security Council which took action regarding Korea, Om the United States brought the matter directly to the attention of the nge recommending that members of the United Nations furnish to the cific Republic of Korea such aid as might be necessary to repel the attack had and to restore international peace and security in the area. The vuld representative of the Soviet Union to the Security Council stayed ited away from this meeting also, and the Soviet Government has refused HAVE to support the Council's resolution. The vigorous and unhesitating actions of the United Nations and ited the United States in the face of this aggression met with an immediate Supra, doc. 8. K 8g fc tile c C of of be 1 fo to N. ple lib 50 RE 6 of KOREA 2577 TS. OP ons ODS Ons gn to ent 00 mi 318 Secretary-General for transmission to Members; Supplement No. 13 (A/2441); (4) Aug. 14, 1953, to Aug. 17, 1954 (ibid., Ninth Session, Supplement No. 15 (A/2711)]; and (5) Aug. 17, 1954, to Sept. 7, 1955 libid., Tenth Session, Supplement No. 13 (A/2947)). work was adopted at the eighth session of the General Assembly; Res. 811 (IX) of Dec. 11, 1954, infra, doc. 93; and Res. 910 (X) of Nov. 29, 1955, infra, doc. 94. unified, independent and democratic government in the sovereign State of Korea; (c) All sections and representative bodies of the population of Korea, South and North, be invited to co-operate with the organs of the United Nations in the restoration of peace, in the holding of elections and in the establishment of a unified government; : of (d) United Nations forces should not remain in any part of Korea otherwise than so far as necessary for achieving the objectives specified in sub-paragraphs (a) and (6) above; (0) All necessary measures be taken to accomplish the economic rehabilitation of Korea; Lar, 2. Resolves that (a) A Commission consisting of Australia, Chile, Netherlands, Pakistan, Philippines, Thailand and Turkey, to be known as the United Nations Commission for the Unification and Rehabilitation of 848 Korea, be established to (i) assume the functions hitherto exercised by the present United Nations Commission on Korea; (ii) represent the United Nations in bringing about the establishment of a unified, Che independent and democratic government of all Korea; (iii) exercise such responsibilities in connexion with relief and rehabilitation in che Korea as may be determined by the General Assembly after receiving the recommendations of the Economic and Social Council. The United Nations Commission for the Unification and Rehabilitation of Korea should proceed to Korea and begin to carry out its functions ent as soon as possible; he (6) Pending the arrival in Korea of the United Nations Commission for the Unification and Rehabilitation of Korea, the governments of the States represented on the Commission should form an Interim he Committee composed of representatives meeting at the seat of the United Nations to consult with and advise the United Nations Unified Command in the light of the above recommendations; the Interim Committee should begin to function immediately upon the approval of the present resolution by the General Assembly; 9 The Commission shall render a report to the next regular session of the General Assembly and to any prior special session which might be called to consider the subject-matter of the present resolution, and ty shall render such interim reports as it may deem appropriate to the "Concerning the activities of UNCURK, see Reports of the U.N. Commission for the Unification and Rehabilitation of Korea for the periods (1) Oct. 7, 1950, to Sept. 1951 [U.N. General Assembly, Oficial Records, Sixth Session, Supplement plement No. 14 (A/218791; (3) Aug. 27, 1952, to Aug. 14, 1953 (ibid., Eighth Session, ReCLŐ (VIT) of Dec. 3, 1952, en real, hoe som repolation concerning UNCURK'S Hey CVDof Feb. 5, 1952, "ibid., Sixth Session, a supplement No. 20, A/2119), p. 7; che ent of ch be he is, 8 20 16 ! 415900---57-Vol. 2-59 2578 AMERICAN FOREIGN POLICY, 1950–1955 រ not The General Assembly furthermore, 25 Mindful of the fact that at the end of the present hostilities the task of rehabilitating the Korean economy will be of great magnitude, 3. Requests the Economic and Social Council, in consultation with the specialized agencies, to develop plans for relief and rehabilitation on the termination of hostilities and to report to the General Assembly within three weeks of the adoption of the present resolution by the pul General Assembly; lon 4. Also recommends the Economic and Social Council to expedite Ou the study of long-term measures to promote the economic develop- D ment and social progress of Korea, and meanwhile to draw the atten- to tion of the authorities which decide requests for technical assistance des to the urgent and special necessity of affording such assistance to tha Korea; 5. Expresses its appreciation of the services rendered by the mem- faci bers of the United Nations Commission on Korea in the performance of their important and difficult task; 6. Requests the Secretary-General to provide the United Nations to go Commission for the Unification and Rehabilitation of Korea with C adequate staff and facilities, including technical advisers as required H: and authorizes the Secretary-General to pay the expenses and per diem of a representative and alternate from each of the States members of Chi the Commission. of an0 tech Pro 24. SECOND CALL FOR THE SURRENDER OF THE NORTH KOREAN FORCES: Message From the Commander-in-Chief , , United Nations Command, to the Commander-in-Chief, North Korean Forces, and to All North Koreans, October 9, 1950 1 Am Р Ma tion I the step POSE out W In order that the decisions of the United Nations may be carried out with a minimum of further loss of life and destruction of property, Nat I, as the United Nations Commander-in-Chief, for the last time call of upon you and the forces under your command in whatever part Korea situated, to lay down your arms and cease hostilities. And I call upon all north Koreans to cooperate fully with the United Nations in establishing a unified, independent and democratic government of Korea, assured that they will be treated justly and that the United Nations will act to relieve and rehabilitate all parts of a unified Korea , Unless immediate response is made by you in the name of the norta Korean government, I shall at once proceed to take such military T actions as may be necessary to enforce the decrees of the United Nations, TECO solu Uni T achi Ing. bes esser fort This message was 1 Department of State Bulletin, Nov. 13, 1950, p. 763. transmitted by radio broadcast and by leaflets dropped from planes. 11 ?R : 2579 1. KOREA i 7 e 2 e ! S reconstruction of Korea which the United Nations is facing and to the be supplemented by both spiritual and material rehabilitation. ) for themselves better than anyone else can do it for them. ? Res. 376 (V) of Oct. 7, 1950; supra, doc. 23. Department of State Bulletin, Oct. 23, 1950, pp. 643-844. 25. COORDINATION OF POLICY AND STRATEGY FOLLOWING THE INCHON LANDING: Statement by the President on Wake Island, October 15, 19501 I have met with General of the Army Douglas MacArthur for the purpose of getting first-hand information and ideas from him. I did not wish to take him away from the scene of action in Korea any longer than necessary, and, therefore, I came to meet him at Wake. Our conference has been higbly satisfactory, The very complete unanimity of view which prevailed enabled us to finish our discussions rapidly in order to meet General MacArthur's desire to return at the earliest possible moment. It was apparent that the excellent coordination which has existed between Washington and the field, to which General MacArthur paid tribute, greatly facilitated the discussion. After I had talked with General MacArthur privately, we met together with our advisers. These joint talks were then followed by technical consultations in which the following participated: General MacArthur and Ambassador John Muccio; Mr. Averell 1 Harriman, Special Assistant to the President; Secretary of the Army of Frank Pace; General of the Army Omar N. Bradley, Chairman, Joint Chiefs of Staff; Admiral Arthur W. Radford, Commander in Chief of the Pacific Fleet; Assistant Secretary of State Dean Rusk; and Ambassador-at-large Philip C. Jessup Primarily, we talked about the problems in Korea which are General MacArthur's most pressing responsibilities. I asked him for informa- tion on the military aspects. got from him a clear picture of the heroism and high capacity of the United Nations forces under his command. We also discussed the steps necessary to bring peace and security to the area as rapidly as possible in accordance with the intent of the resolution of the United Nations General Assembly ? and in order to get our armed forces out of Korea as soon as their United Nations mission is completed. I We devoted a good deal of time to the major problem of peaceful solution of which we intend to make the best contribution of which the This is a challenging task which must be done properly if we are to schieve the peaceful goals for which the United Nations has been fight- The success which has attended the combined military effort must It is HI f, h I S f United States is capable. LO it 1 ing. $ 2580 1950–1955 AMERICAN FOREIGN POLICY, en IN MA The United Nations can, however, render essential help with sup- plies and technical advice as well as with the vital problem of rebuild . ing their educational system. Meanwhile, I can say I was greatly impressed with what General MacArthur and Ambassador Muccio told me about what has already 26 been done and is now being done to bring order out of chaos and to restore to the Korean people the chance for a good life in peace. For example, the main rail line from Inchon to Suwon was opened to rail traffic in less than 10 days after the Inchon landing. The rail line from Pusan to the west bank of the Han River opposite Seoul was open to one-way rail traffic about October 8. Bridge and highway reconstruction is progressing rapidly. Power and the water supply in Seoul were reestablished within a week after the reentry into the capital. the General MacArthur paid a particularly fine tribute to the service being rendered in Korea by Ambassador Muccio. I asked General MacArthur also to explain at first hand his views o the future of Japan with which I was already generally familia through his written reports. As already announced, we are moving forward with preliminary negotiations for a peace treaty to which de Japan is entitled. General MacArthur and I look forward with confidence to a ner Japan which will be both peaceful and prosperous. I also asked General MacArthur to tell me his ideas on the ways 11 which the United States can most effectively promote its policies assisting the United Nations to promote and maintain international peace and security throughout the Pacific area. fro On all these matters, I have found our talks most helpful and I am fee very glad to have had this chance to talk them over with one America's great soldier-statesmen, who is also now serving in the unique 1 position of the first Commander in Chief of United Nations pexe fro forces. We are fully aware of the dangers which lie ahead, but we are com fident that we can surmount these dangers with three assets which w? have: Ya ent on the worki SU: QUE ol tin fee we On 14 first, unqualified devotion to peace; second, unity with our fellow peace-loving members of the United Nations; third,'our determination and growing strength. Ch tre an KO 40 fro fee we KOREA 2581 1 U.N, doc. S/1884, Nov. 6, 1950. 1. Tas rvice Korea where they came in contact with UN forces approximately from Manchurian side of Yalu River against RB-29 flying at 10,000 weather, 8 miles visibility, low clouds 2,300 feet. C. CHINESE COMMUNIST INTERVENTION AND ITS sup suild CONSEQUENCES, NOVEMBER 1950-JUNE 1951 neral eady 26. PRESENCE OF CHINESE COMMUNIST FORCES IN NORTH od to KOREA: Special Report of the Commander-in-Chief, United Nations Command, November 5, 1950 1 tened e rail I herewith submit a special report of the United Nations Command 1987 operations in Korea which I believe should be brought to the attention of the United Nations. ly ) the Introduction: The United Nations Forces in Korea are continuing their drive to the north and their efforts to destroy further the effectiveness of the enemy as a fighting force are proving successful. However, presently in certain areas of Korea, the United Nations Forces are meeting a niliw new foe . It is apparent to our fighting forces, and our intelligence agencies have confirmed the fact, that the United Nations are pres- hich ently in hostile contact with Chinese Communist military units deployed for action against the forces of the United Command. The fact of intervention: Hereafter, in summary form, are confirmed intelligence reports substantiating the fact that forces other than Korean are resisting es of our efforts to carry out the resolutions of the United Nations: A. 22 August: Approximately 50 bursts heavy anti-aircraft fire from Manchurian side of Yalu River against RB-29 flying at 7000 I over Korea in the vicinity of the Sui-Ho reservoir; damage, none; time 1600 K; weather, 10 miles visibility, high broken clouds. B. 24 August: Approximately 40 bursts heavy anti-aircraft fire from Manchurian side of Yalu River against RB-29 flying at 10,000 feet over Korea in the vicinity of Sinuiju; damage, none, time 1500K; C. 15 October: Anti-aircraft fire from the Manchurian side of Yalu River against a flight of 4 F-51's flying near the Sinuiju airfield on the Korean side of the river; damage, 1 aircraft total loss; time, 14451; weather, overcast at 8000 feet; 8 to 10 miles visibility. D. 16 October: The 370th Regiment of the 124th Division of the Chinese Communist 42nd Army, consisting of approximately 2,500 troops, crossed the Yalu River' (Korean border) at Wan Po Jin, and proceeded to the area of Chosen and Fusen Dams in North E. 17 October: Approximately 15 bursts heavy anti-aircraft fire ner JS II lone féet ne of peace COM weather, 20 miles visibility. h 12 nited 40 miles north of Hambung. 2582 AMERICAN FOREIGN POLICY, 1950–1955 1 + } ! east coastal area, resulting in raising the number of enemy prisoners of F. 20 October: A Chinese Communist Task Force known as the "56th" unit consisting of approximately 5,000 troops crossed the Yala River (Korean border) at Antung and deployed to positions in Korea south of the Sui-Ho Dam. A captured Chinese Communist soldier of this Task Force states that his group was organized out of the regular Chinese Communist 40th Army stationed at Antung, Man- churia. G. 1 November: A flight of F-51's was attacked early in the after- noon by 6 to 9 Jet aircraft which flew across the Yalu River into Manchuria. No damage was done to US aircraft. A red star was observed on the top of the right wing on one of the Jet aircraft. H. 1 November: Anti-aircraft fire from the Manchurian side of the Yalu River directed against a flight of 13 F-80 aircraft was ob- served in the vicinity of Sinuiju at 1345 hours. This resulted in the total loss of 1 UN aircraft. I. 30 October: Interrogation of 19 Chinese prisoners of war identi fied two additional regiments of 124 CCF 1 Division, the 371 and the 372 in the vicinity of Changjin. J. 2 November: Interrogation of prisoners of war indicates the 54 CCF unit in Korea. This unit is reported to have same organi- zation as 55 and 56 units, but to be drawn from the 112, 113 and 114 Divisions of the 38 CCF Army. K. 3 November: Further interrogation of Chinese prisoners of war indicates 56 CCF unit organized from elements of 118, 119 and 120 CCF Divisions of the 40 CCF Army. L. 4 November: As of this date, a total of 35 CCF prisoners bed been taken in Korea. The continued employment of Chinese Communist forces in Korea and the hostile attitude assumed by such forces, either inside or outside Korea, are matters which it is incumbent upon me to bring at once to the attention of the UN. 27. CHINESE COMMUNIST INTERVENTION IN KOREA: Com. muniqué by the Commander-in-Chief, United Nations Command, November 6, 1950 2 The military position of the United Nations forces in the western sector of North Korea is now sufficiently stabilized and information of enemy unit identifications adequately evaluated to permit me to put the situation growing out of the last few days' operations in proper perspective. The Korean war was brought to a practical end with the closing di the trap on enemy elements north of Pyongyang and seizure of the war in our hands to well over 135,000, which, with other losses amount C 1 Chinese Communist Foroes. 2 Department of State Bulletin, Nov. 13, 1950, p. 763. KOREA 2583 3 Res. 376 (V); supra, doc. 23. th elu Drea lier the ter- nto YAS of ob- the border area. nti and ing to over 200,000, brought casualties to 335,000, representing a fair estimate of North Korean total military strength. The defeat of the North Koreans and destruction of their armies was thereby decisive. In the face of this victory of United Nations arms, the Communists committed one of the most offensive acts of international lawlessness of historic record by moving without any notice of belligerency elements of alien Communist forces across the Yalu River into North Korea and massing a great concentration of possible reinforcing divisions with adequate supply behind the privi- leged sanctuary of the adjacent Manchurian border. A possible trap was thereby surreptitiously laid, calculated to encom- pass the destruction of the United Nations forces engaged in restoring order and the processes of civil government in the North Korean This potential danger was avoided with minimum losses only by the timely detection and skillful maneuvering of the United Nations commander responsible for that sector who, with great perspicacity and skill, completely revised the movement of his forces in order to achieve the greater integration of tactical power necessitated by the new situation, and avert any possibility of a great military reverse. The present situation, therefore, is this: While the North Korean forces with which we were initially engaged have been destroyed or rendered impotent for military action, a new and fresh army now faces us, backed up by a possibility of large alien reserves, and adequate supply within easy reach to the enemy but beyond the limits of our present sphere of military action. Whether and to what extent these reserves will be moved forward to reinforce units now committed remains to be seen and is a matter of the gravest international significance. Our present mission is limited to the destruction of those forces now arrayed against us in North Korea, with a view to achieving the United Nations objective to bring unity and peace to the Korean the 114 of and 18d res OT ing nation and people. 10, 28. RETENTION OF THE KOREAN-CHINESE FRONTIER: Draft Resolution of the United Nations Security Council, Novem- ber 10, 1950 1 I lut jer he of ito The Security Council, Recalling its resolution of 25 June 1950,2 determining that the North Korean forces had committed a breach of the peace and calling upon all Members of the United Nations to refrain from of giving assistance to the North Korean authorities, Recalling the resolution adopted by the General Assembly on 7 October 1950, which sets forth the policies of the United Nations in Nov. 30, 1950, the draft resolution failed of adoption. v 1. doc. S/PV 72, Nov. 30, 1950, pp. 22–23. As a result of a Soviet veto on respect to Korea, Supra, doc. 8. : 2584 AMERICAN FOREIGN POLICY, 1950–1955 Sat fc W ar CC sa IT DE m 9 COI 2 Military Situation in the Far East: Hearings Before the Committee on Armed Having noted from the special report of the United Nations Com- mand in Korea dated 5 November 1950 1 that Chinese communist fc military units are deployed for action against the forces of the United Nations in Korea, Affirming that United Nations forces should not remain in any part of Korea otherwise than so far as necessary for achieving the th objectives of stability throughout Korea and the establishment of a unified independent and democratic government in the sovereign PU State of Korea, as set forth in the resolution of the General Assembly be dated 7 October 1950, Insistent that no action be taken which might lead to the spread les of the Korean conflict to other areas and thereby further endanger international peace and security, Calls upon all States and authorities, and in particular those responsible for the action noted above, to refrain from assisting or lin encouraging the North Korean authorities, to prevent their nationals or individuals or units of their armed forces from giving assistance to North Korean forces and to cause the immediate withdrawal of any such nationals, individuals, or units which may presently be in Korea ; die Affirms that it is the policy of the United Nations to hold the Chinese frontier with Korea inviolate and fully to protect legitimate Chinese and Korean interests in the frontier zone; Calls attention to the grave danger which continued intervention by Chinese forces in Korea would entail for the maintenance of such a policy; Requests the Interim Committee on Korea and the United Nations firm Commission for the Unification and Rehabilitation of Korea to ch consider urgently and to assist in the settlement of any problems relating to conditions on the Korean frontier in which States or authorities on the other side of the frontier have an interest, and 30 suggests that the United Nations Commission for the Unification and Rehabilitation of Korea proceed to the area as soon as possible , and pending its arrival that it utilize the assistance of such States members of the Commission as now have representatives in the area for this purpose. 29. EXTENT OF THE CHINESE COMMUNIST INTERVENTION Of IN KOREA: Special Communiqué by the Commander-in-Chie. So United Nations Command, November 28, 1950 2 Enemy reactions developed in the course of our assault operations of the past four days disclose that a major segment of the Chinese K continental armed forces in army, corps and divisional organization of an aggregate strength of over 200,000 men is now arrayed against the United Nations forces in North Korea. (A 1 Supra, doc. 26. 1st Session, p. 3495. Reprinted from the New York Times, Nov. 29, 1950 . au WU ar 1 į KOREA 2585 3 Res. 376 (V), supra, doc. 23. 如 ​01 Ose Or to 28; Korean people cannot themselves repair, There exists the obvious intent and preparation for support of these ist forces by heavy reinforcements now concentrated within the privileged ted sanctuary north of the international boundary and constantly moving forward. ny Consequently, we face an entirely new war. This has shattered jhe the high hopes we entertained that the intervention of the Chinese fe was only of a token nature on a volunteer and individual basis as publicly announced, and that therefore the war in Korea could be brought to a rapid close by our movement to the international bound- ary and the prompt withdrawal thereafter of United Nations forces, sd leaving Korean problems for settlement by the Koreans themselves. Ser It now appears to have been the enemy's intent, in breaking off contact with our forces some two weeks ago, to secure the time neces- sary surreptitiously to build up for a later surprise assault upon our lines in overwhelming force, taking advantage of the freezing of all als rivers and roadbeds which would have materially reduced the effective- ness of our air interdiction and permitted a greatly accelerated forward DT movement of enemy reinforcements and supplies. This plan has been disrupted by our own offensive action, which forced upon the enemy thea premature engagement. ate General MacArthur later issued this additional paragraph to the communiqué: This situation, repugnant as it may be, poses issues beyond the authority of the United Nations military council—issues which must find their solution within the councils of the United Nations and chancelleries of the world. nd 30. ESTABLISHMENT OF THE UNITED NATIONS KOREAN nd RECONSTRUCTION AGENCY (UNKRA): Resolution 410 (V) ad of the United Nations General Assembly, December 1, 1950 ? A Having regard to its resolution of 7 October 1950 on the problem ON of the independence of Korea, ef, Having received and considered a report of the Economic and Social Council submitted in accordance with that resolution, Mindful that the aggression by North Korean forces and their warfare against the United Nations seeking to restore peace in the area has resulted in great devastation and destruction which the st U.N. General Assembly, Oficial Records, Fifth Session, Supplement No. 20 01 18 DS to ms OL ers his The General Assembly, DS est OD red (A/1775), pp. 31-35. * See U.N. doc. Al1493 ess 2586 AMERICAN FOREIGN POLICY, 1950-1955 8 It establishment of a unified, independent and democratic government (c) To designate authorities in Korea with which the Agent General (d) To take such steps as may be needed to support the Agent are desperately in need of relief supplies and materials and help in reconstructing their economy, t Deeply moved by the sufferings of the Korean people and determined to assist in their alleviation, Convinced that the creation of a United Nations programme of reliel and rehabilitation for Korea is necessary both to the maintenance of lasting peace in the area and to the establishment of the economie A foundations for the building of a unified and independent nation , Considering that, under the said resolution of 7 October 1950, the P United Nations Commission for the Unification and Rehabilitation of Korea is the principal representative of the United Nations in Kores and hence must share in the responsibility for the work undertaken t. by the United Nations in furtherance of the objects and purposes $ mentioned in the said resolution, P Considering that it is nevertheless desirable to set up a special g authority with broad powers to plan and supervise rehabilitation and relief and to assume such functions and responsibilities related to planning and supervision, to technical and administrative matters, and to questions affecting organization and implementation as are to be exercised under the plans for relief and rehabilitation approved by the U General Assembly, such authority to carry out its responsibilities in B close cooperation with the Commission, A. ESTABLISHMENT OF THE UNITED NATIONS KOREAN RECONSTRUC- fi TION AGENCY FOR THE RELIEF AND REHABILITATION OF KOREA ti 1. Establishes the United Nations Korean Reconstruction Agency th (UNKRA) under the direction of a United Nations Agent General who shall be assisted by one or more deputies. The Agent General shall be responsible to the General Assembly for the conduct (in accordance with the policies established by the General Assembly and having regard to such general policy recommendations as the g United Nations Commission for the Unification and Rehabilitation of Korea may make) of the programme of relief and rehabilitation in Korea, as that programme may be determined from time to time by the General Assembly; 2. Authorizes the United Nations Commission for the Unification and Rehabilitation of Korea: (a) To recommend to the Agent General such policies concerning the United Nations Korean Reconstruction Agency's programme activities as the Commission may consider necessary for the effective discharge of the Commission's responsibilities in relation to the in Korea; (6) To determine, after consultation with the Agent General, the geographical areas within which the Agency shall operate at any time nature of such relationships; 0 So fi in re IE and SE on t KOREA 2587 mic Tea zen ses be Korean economy and the effective distribution and utilization within Korea of supplies and services furnished; tary-General, transmitting copies simultaneously to the United in General in fulfilling his task in accordance with the policies established by the General Assembly for relief and rehabilitation; bed (0) To consider the reports of the Agent General' to the General Assembly and to transmit any comments thereon to the Economic liet and Social Council and the General Assembly; of a) To call for information on those aspects of the work of the Agent General which the Commission may consider necessary for the -on, the proper performance of its work; of 3. Authorizes the Commission to consult from time to time with the Agent General in regard to the provisional programme adopted by the General Assembly on the recommendation of the Economic and Social Council and especially with regard to the adequacy of that programme to meet the needs of Korea as defined in the statement of in] general policy, and to make recommendations thereon to the Economic nd and Social Council; to 4. Directs the Agent General: end (a) To co-ordinate his programme with measures taken by the the United Nations Commission for the Unification and Rehabilitation of in Korea to carry out the recommendations of the General Assembly relating to the establishment of a unified, independent and demo- cratic government in Korea, and to support the Commission in ful- IC-filling this task; (b) To commence the operation of the programme in Korea at such be agreed upon by the United Nations Unified Command, the United Nations Commission for the Unification and Rehabilitation of Korea and the Agent General; © To consult with and generally be guided by the advice of the in United Nations Commission for the Unification and Rehabilitation hly of Korea on the matters set forth under paragraph 2 (a) and be he governed by its advice on the matters covered in paragraphs 2 (6) in by 5. Further directs the Agent General, in the carrying out of his (2) To ascertain, after consultation with the designated authorities in Korea, the requirements for supplies and services for relief and he rehabilitation made necessary by the consequences of armed conflict ad (6) To provide for the procurement and shipment of supplies and services and for their effective distribution and utilization within . To consult with and assist the appropriate authorities in Korea respect to measures necessary for the rehabilitation of the time as may деу ra! OD and 2 (C); functions: 00 in Korea; Ve he nt Korea; with ne ey 18 at AMERICAN FOREIGN POLICY 1950-1955 I P 0 N 8 th SS ܒܝܒܝ P W T 81 of Dec. 14, 1954, ibid., Ninth Session, Supplement No. 21 (A/2890), pp. 14-15 2 At the 326th plenary meeting on 15 December 1950, the General Assembly, on the nomination of the President, elected the following States Members to serve on the Advisory Committee established under the terms of paragraph 6 of section A of the above resolution; Canada, India, the United Kingdom of Great Britain 2588 Nations Commission for the Unification and Rehabilitation of Korea and to the Economic and Social Council; (e) To be guided in matters of administration, to the extent con- sistent with the special requirements of the programme, by the rules and regulations established for the operation of the Secretariat of the United Nations; Specifically he shall: (1) Select and appoint his staff in accordance with general arrange- ments made in agreement with the Secretary-General, including such of the staff rules and regulations of the United Nations as the Agent General and the Secretary-General shall agree are appli- cable; (2) Utilize, wherever appropriate, and within budgetary limitations the existing facilities of the United Nations; (3) Establish, in consultation with the Secretary-General and the Advisory Committee on Administrative and Budgetary Questions and in agreement with the Advisory Committee established under paragraph 6 below, financial regulations for the United Nations Korean Reconstruction Agency; (4) Arrange, in consultation with the Advisory Committee on Ad ministrative and Budgetary Questions, for the rendering and audit of the accounts of the Agency under procedures similar to those applicable to the rendering and audit of the accounts of the United Nations; 6. Establishes an Advisory Committee consisting of representatives of five Member States to advise the Agent General with regard to major financial, procurement, distribution and other economic prob- lems pertaining to his planning and operations. The Committee shall meet on the call of the Agent General but not less than fou 1 Concerning the operations of UNKRA, see Reports of the Agent General of the U.N. Korean Reconstruction Agency for the periods (1) Dec. 1, 1950, to Jan. 16, 1952 [U.N. General Assembly, Official Records, Sixth Session, Annexes Agenda' Items i7 and 27 (A/1935 and A/1935/Add. 131; (2) February 1951 to Sept , 15, 1952 (ibid., Seventh Session, Supplement No. 15 A/2222), and Supplement No. 19A (A/2222, Addenda 1 and 251; (3) Sept. 15, 1952, to Sept. 30, 1953 (ibid , (ibid., Ninth Session, Supplement No. %(A/2450)); and (5) Sept. 1, 1954, to June 30, 1955 [ibid., Tenth Session, Supplement No. 18 (A/2936)]. For the General Assembly resolutions dealing with the above reports of the Agent General, see (1) Res. 507 (VI) of Feb. 5, 1952, ibid., Sixth Session, Supple . ment No. 20 (A/2119), p. 7; (2) Res. 201 (VII ) of Mar. 11, 1953, ibid., Seventh Sen 1953, ibid., Eighth Session, Supplement No. 1 (A)2630), p. 12; (4) Res. 828 LIX (A/3116), p. 9. and Northern Ireland, the United States of America, and Uruguay. t. g 8 SO N t 0 P P 8 t a ; r r I r KOREA 2589 Drea, IONS Ons rehabilitation contained in section B of the present resolution; izations to make available to the maximum extent possible, and sub- times a year. The meetings of the Committee shall be held at the Headquarters of the United Nations except in special circumstances, CON- when the Committee, after consultation with the Agent General, cules may meet elsewhere if it deems that this would be essential to the the proper performance of its work. The Committee shall determine its own methods of work and rules of procedure; 7. Requests the Secretary-General, after consulting the United Nations Commission for the Unification and Rehabilitation of Korea nge- and the Advisory Committee, to appoint the United Nations Agent ding General for Korean Reconstruction, and authorizes the Agent General the to appoint one or more Deputy Agents General in consultation with opli the Secretary-General; 8. Authorizes the Secretary-General to establish a special account Ons to which should be credited all contributions in cash, kind or services, the resources credited to the account to be used exclusively for the the programme of relief and rehabilitation and administrative expenses connected therewith; and directs the Secretary-General to make cash der withdrawals from the account upon request of the Agent General. The Agent General is authorized to use contributions in kind or services at his discretion; Ad 9. Recommends that the Agent General in carrying out his functions: and ato (a) Make use at his discretion of facilities, services and personnel of that may be available to him through existing national and inter- national agencies and organizations both governmental and non- governmental; () Consult with the Secretary-General and the heads of the specialized agencies before appointing his principal subordinate per- sonnel in their respective fields of competence; ter Make use of the advice and technical assistance of the United Nations and the specialized agencies and, where appropriate, request them to undertake specific projects and special tasks either at their l of own expense or with funds made available by the Agent General; (d) Maintain close contact with the Secretary-General for the purpose of ensuring fullest co-ordination of efforts of the organs of the United Nations and the specialized agencies in support of the 10. Authorizes the Agent General to enter into agreements with such authorities in Korea as the United Nations Commission for the Unification and Rehabilitation of Korea may designate, containing terms and conditions governing measures affecting the distribution and utilization in Korea of the supplies and services furnished, in accordance with the statement of general policy on Korean relief and oly mum extent possible, and subject to appropriate financial arrange- ments, such facilities, advice and services as the Agent General may 12. Requests the specialized agencies and non-governmental organ- S ves to ob- Our to was ept. tent nd, 954 programme; une the ple Ges : 7 X 15; 19 rve LOO gin request; 5. Whilst the programme should be consistent with the pattern 2590 AMERICAN FOREIGN POLICY, 1950–1955 ject to appropriate financial arrangements, such facilities, advice and services as the Agent General may request; 13. Requests the Economic and Social Council to review the reports of the Agent General and any comments which the United Nations Commission for the Unification and Rehabilitation of Koreg map submit thereon, and such other data as may be available on the progress of relief and rehabilitation in Korea and to make appropriate reports and recommendations thereon to the General Assembly; 14. Calls upon all governments, specialized agencies and non- governmental organizations, pending the beginning of operations by the United Nations Korean Reconstruction Agency, to continue to furnish through the Secretary-General such assistance for the Korean people as may be requested by the Unified Command; 15. Invites countries not Members of the United Nations to par- ticipate in financing the programme of relief and rehabilitation in Korea; B. STATEMENT OF GENERAL POLICY ON RELIEF AND REHABILITATION IN KOREA 16. Approves the following statement of general policy: 1. The United Nations programme of relief and rehabilitation in Korea is necessary to the restoration of peace and the establish- ment of a unified, independent and democratic government in Korea, 2. To this end, it is the objective of the United Nations to pro- vide, subject to the limit of the resources placed at its disposal for this purpose, relief and rehabilitation supplies, transport and services, to assist the Korean people to relieve the sufferings and to repair the devastation caused by aggression, and to lay the necessary economic foundations for the political unification and independence of the country. 3. The United Nations programme of relief and rehabilitation for Korea shall be carried out in practice in such a way as to com tribute to the rapid restoration of the country's economy in com formity with the national interests of the Korean people, having in view the strengthening of the economic and political independence of Korea and having in view that, in accordance with the general principles of the United Nations, such assistance must not serve as a means for foreign economic and political interference in the internal affairs of Korea and must not be accompanied by any conditions of a political nature. 4. The United Nations programme is to be a supplement to the general recovery effort that will be undertaken by the Korean Pffective utilization of their own resources as well as of the aid people on their own initiative and responsibility, through the most which is rendered under the programme. limited to relief and rehabilitation, and contributions and supplies KOREA 2591 orts ons ate ON- to 29n 3r- in ON 100 foundations of the country. Among these, special attention should end furnished under this programme shall be used exclusively for that purpose. 6. First priority shall be given to the provision of the basic necessities of food, clothing and shelter for the population of Korea DAT and measures to prevent epidemics. Second highest priority shall the be given to projects which will yield early results in the indigenous production of basic necessities; this will include the reconstruction of transport and power facilities. As the programme develops, emphasis should be shifted to the provision of other materials, by supplies and equipment for the reconstruction or replacement of war-damaged facilities necessary to the economic life of the country. 7. The necessary measures shall be taken to ensure that dis- tribution shall be so conducted that all classes of the population sball receive their equitable shares of essential commodities without discrimination as to race, creed or political belief. 8. Subject to adequate control, the distribution of supplies shall be carried out, as appropriate, through public and co-operative organizations, through nonprofit-making voluntary organizations such as the Red Cross, and through normal channels of private trade . At the same time, measures shall be taken to ensure that the cost of distribution and the profit from the sale of supplies sh are kept to the minimum. Measures shall be taken to ensure that the special needs of refugees and other distressed groups of the population are met through appropriate public welfare programmes, and accordingly the sale of relief supplies will take place only in justifiable cases and under conditions agreed upon with the United Nations Commission for the Unification and Rehabilitation of nd Korea. nd ho 9. The local currency proceeds derived from the sale of relief nd and rehabilitation supplies or, at the discretion of the Agent General, an amount commensurate with the value of goods and services supplied, shall be paid into an account under the control of the Agent General. The Agent General, after consultation with the United Nations Commission for the Unification and Rehabilitation of Korea, and in agreement with the Advisory Committee referred to in paragraph 6 of section A of the present resolution, shall use bese funds for appropriate additional relief and rehabilitation activities within Korea, for the local currency expenses of the relief he and rehabilitation operations of the United Nations, or for measures to combat inflation. The proceeds shall not be used for any other 10. The necessary economic and financial measures shall be taken by the authorities in Korea to ensure that the resources provided under the United Nations programme, as well as Korean id resources, are effectively employed to aid in laying the economic V monetary policies, to the requisite pricing, rationing and allocation controls (including the pricing of goods imported under the pro- gramme), to the prudent use of Korean foreign exchange resources in for t in HS 19 purpose. he 10 st PS 2592 AMERICAN FOREIGN POLICY, 1950–1955 ... TE 21 se (c) The degree of assistance which can be rendered by specialized 1 In accordance with the terms of the above resolution, the President of the General Assembly, at the 318th plenary meeting on 4 December 1950, announced that he had appointed a Negotiating Committee, composed of the following States Members: Canada, Egypt, France, India, the United Kingdom of Great together with promotion of exports, and to the efficient management of government enterprise. 11. Import taxes shall not be imposed on relief and rehabilitation supplies received under the United Nations programme. 12. The authorities in Korea should maintain such records and make such reports on the receipt, distribution and use of relief and # rehabilitation supplies as may be determined by the Agent General after consultation with them. 13. All authorities in Korea shall freely permit the personnel of the United Nations to supervise the distribution of relief and 31 rehabilitation supplies, including the examination of all storage and distribution facilities as well as records. 14. The personnel of the United Nations shall be accorded within Korea the privileges, immunities and facilities necessary for the fulfilment of their function. 15. All authorities in Korea and the Secretary-General shal ... use their best efforts to inform the people of Korea of the sources and purposes of the contributions of funds, supplies and services K 16. In determining Korea's needs for relief and rehabilitation , in drawing up programmes and plans, and in implementing such programmes and plans, the Agency created to administer the reliel do and rehabilitation programme should consult with and utilize , to G the greatest extent feasible, the services of Korean authorities. 9 DO B The General Assembly 1. Requests the President to appoint a Negotiating Committee composed of seven or more members for the purpose of consulting, as soon as possible during the current session of the General Assembly with Member and non-member States as to the amounts which i governments may be willing to contribute towards the financing of the programme for the relief and rehabilitation of Korea;- PE 2. Authorizes the Negotiating Committee to adopt procedures best C suited to the accomplishment of its task, bearing in mind: (a) The need for securing the maximum contribution in cash; (6) The desirability of ensuring that any contribution in kind is of b a nature which meets the requirements of the contemplated pro P grammes; and agencies, non-member States and other contributors; jo 3. Requests that, as soon as the Negotiating Committee has ascer tained the extent to which Member States are willing to make como F tributions, all delegations be notified accordingly by the Secretary- General in order that they may consult with their governments; S2 ar SE it SI m KOREA 2593 sary urces tion, Committee. I to ? Department of State Bulletin, Dec. 18, 1950, pp. 989–990. 4 U.N. doc. S/1894, Nov. 10, 1950; supra, doc. 28. ment 4. Decides that, as soon as the Negotiating Committee has com- pleted its work, the Secretary-General shall, at the Committee's ation request, arrange, during the current session of the General Assembly, an appropriate meeting of Member and non-member States at which and Members may commit themselves to their national contributions and { and the contributions of non-members may be made known. Deral ield 31. LABELING AS AGGRESSION THE CHINESE COMMUNIST and INTERVENTION IN KOREA: Statement by the United States Representative at the United Nations Before the United Nations rded General Assembly, December 6, 1950 2 The General Committee has recommended that the General As- shall sembly might include on its agenda an item entitled: Intervention of the Central People's Government of the People's Republic of China in 100s | Korea. I speak in support of the recommendation of the General such My Government has joined with the Governments of Cuba, Ecua- eliel dor, France, Norway, and the United Kingdom in requesting that the General Assembly consider this item as an important and urgent question. No delegate here can have any doubt as to just how im- portant and how urgent this question is. The United Nations forces who are carrying out in Korea the task assigned to them by the Security Council are under attack by the tter armed forces of the Peiping regime. Little more than a month ago, it cing seemed that the United Nations forces would soon complete their bly assigned task. Then came the intervention of the Chinese Commu- hich | nist forces. go of The Security Council immediately took up this new threat to the peace. On November 10 the same Governments which are now asking the Assembly to consider this item introduced into the Security Council a resolution designed to hasten the end of the conflict, to keep it localized in Korea, and to assure states and authorities on the other sof side of Korea's northern frontier that their legitimate interests would The Security Council also invited a representative of the Central zed People's Government of the People's Republic of China to attend its meetings on this question. The Council deferred its vote on the joint draft resolution until this representative arrived. Members of the Council then saw for themselves that the representative declined answer questions relating to his government's actions in Korea. He said that the Chinese soldiers fighting there were volunteers. He also said that the Chinese People's Republic considered there · For subsequent Res. 498 (V), Feb. 1, 1951, see infra, doc. 42. best be protected. 4 010- are DI 11 the 1 Warren R. Austin. ced 108 415900-57--Vol. 2 -60 2594 AMERICAN FOREIGN POLICY, 1950–1955 Tec 1 un ju 101 Anxious that immediate steps should be taken to prevent i For the text of the remarks by the Chinese Communist representative, see 2 U. N. General Assembly Official Records, Fifth Session, Supplement No. 20 were no grounds for hindering the dispatch to Korea of volunteers The Security Council voted on the joint draft resolution on Novem.gr ber 30. The resolution was not adopted, because of the negative wł vote of one of the permanent members, the Soviet Union. It seems clear to the six sponsors of the joint draft resolution that no fruitful action can be expected, at this time, from the Security Council in view of this attitude of one of the permanent members. 33 Under these circumstances, the Governments which sponsored that resolution believe that the question of Communist intervention in Korea should be considered by the General Assembly as an important and urgent matter. The proposed agenda item puts before this Assembly one of the greatest questions faced by the United Nations. It may involve the whole future of the United Nations. It may involve the peace of the world. All the processes of the United Nations should be invoked Sts in an effort to put an end to the threat to world peace. My Government believes that world opinion should be brought to bear on this question and that the full weight of that opinion should ecc Ch be made clear to the authorities of Peiping. Full and frank discus- sions by the General Assembly can best bring light upon the real thing nature of Chinese Communist intervention in Korea, its portent for the future of peace, the gravity with which it is viewed by the nations Co of the world, and how the processes of the United Nations can bring of about a solution. Asking the General Assembly to consider this question, at this Un time, is the symbol of our belief in the United Nations and in its ability to maintain international. peace. My Government, therefore, urges the General Assembly to include obi this item on its agenda, to proceed quickly and soberly to consider the situation, and to make the necessary recommendations. the for 32. ESTABLISHMENT OF A GROUP FOR A CEASE-FIRE IN che KOREA: Resolution 384 (V) of the United Nations General wit Assembly, December 14, 19502 pro Viewing with grave concern the situation in the Far East, fighting in Korea itself, and that further steps should then be taken for a peaceful settlement of existing issues in accordance with the Purposes and Principles of the United Nations, U.N. doc. S/PV. 527, Nov. 28, 1950. 1 ONE es Ver tra at the ess 1 ASE to Ira 2 3 (A/1775), p. 15. KOREA 2595 ? Department of State Bulletin, Dec. 25, 1950, p. 1004. BUS- to himself, he had appointed Sir Benegal Rau of India and Nasrollah Entezam of Assembly's President (Lester B. Pearson of Canada) announced that, in addition cers Requests the President of the General Assembly to constitute a dem group of three persons, including himself, to determine the basis on tive which a satisfactory cease-fire in Korea can be arranged and to make recommendations to the General Assembly as soon as possible. that rity 5. 33. CONTROL OF ECONOMIC RELATIONS BETWEEN THE that UNITED STATES AND COMMUNIST CHINA AND NORTH 1 in KOREA: Statement by the Department of State, December 16, tant 1950 2 the the The United States Government is taking measures today to place e of under control all Chinese Communist assets within United States ked jurisdiction and is issuing regulations to prohibit ships of United States registry from calling at Chinese Communist ports until further t to notice as steps necessary to accomplish the effective control of the ould economic relationships between the United States and Communist China envisaged by the institution, on December 3, 1950, of the meal requirement that no exports would be permitted to Communist China for from the United States without validated export licenses.3 This action has been forced upon us by the intervention of Chinese ring Communist military forces in Korea. In view of the commitment of Chinese resources in this unprovoked aggressive activity, this Gov- this emment cannot permit the Chinese Communists to have access to its United States supplies or assets in the United States, the use of which present circumstances clearly runs counter to the interests and ude objectives of the United Nations in the Far Eastern crisis. der It is not our desire that this be a permanent restriction. As long 18 & willful group of Chinese Communist leaders are willing to sub- vert their national interests and the welfare of the Chinese people to the designs of international Communist imperialism, it is impossible for this Government to act otherwise. If the Chinese Communists IN choose to withdraw their forces of aggression and act in conformity aral with United Nations principles, this Government will be prepared promptly to consider removing restrictions and restoring normal The same controls also are being applied to North Korean assets # this time. This is purely an administrative measure since North The Departments of Commerce and Treasury are issuing the nec- esary regulations. Copies of these will be available from them. be at the 325th plenary meeting of the General Assembly, Dec. 14, 1950, the LODS under trade relations. the Korean assets are negligible. the len Iran to the cease-fire group. 20 315 Fed. Reg. 9040 ff. 2596 AMERICAN FOREIGN POLICY, 1950–1955 C W CU AC 4.U.N. General Assembly, Official Records, Fifth Session, Annexes, Agenda Item 34. DESIGNATION OF KOREA AS A COMBAT ZONE AS OP JUNE 27, 1950: Executive Order 10195, December 20, 1950 N Pursuant to the authority vested in me by section 22 (b) (13) of the Internal Revenue Code, as amended by section 202 (a) of the Revenue Act of 1950, approved September 23, 1950 (Public Law 814, 81st Congress), there is hereby designated, for the purposes of part- graph (13) of section 22 (b) of the Internal Revenue Code, as an are G in which armed forces of the United States have engaged in combat: Korea, including the waters adjacent thereto within the followings! described limits: From a point at Lat. 39°30' N, Long. 122°45' ECE southward to Lat. 33° N, Long. 122°45' E; thence eastward to Lat . 33° N, Long. 127°55' E; thence northeastward to Lat. 37°05' N Long. 133º E; thence northward to Lat. 40°40' N, Long. 133º E tr. thence northwestward to a point on the east coast of Korea at the N juncture of Korea with the U.S.S.R. The date of the commencing of combatant activities in such an K is hereby designated as June 27, 1950. of fo 35. REPORT OF THE UNITED NATIONS GROUP ON A CEASE FIRE IN KOREA TO THE FIRST COMMITTEE OF THE th GENERAL ASSEMBLY, JANUARY 2, 19514 de 1. On 14 December 1950 the General Assembly adopted the folor- ing resolution (384 (V)] which had been sponsored by thirteen Asian Powers: "The General Assembly, “Viewing with grave concern the situation in the Far East , "Anxious that immediate steps should be taken to prevent the conflict in Korea spreading to other areas and to put an end to the fighting in Korea itself, and that further steps should then be taken for å peaceful settlement of existing issues in accordance da with the Purposes and Principles of the United Nations, "Requests the President of the General Assembly to constitute 601 group of three persons, including himself, to determine the basis on which a satisfactory cease-fire in Korea can be arranged and to make recommendations to the General Assembly as soon as possible.” 5 2. In pursuance of the resolution, the President forthwith com- pei stituted a group consisting of Mr. L. B. Pearson of Canada, Su Benegal N. Rau of India and himself, and announced this fact to 1 15 Fed. Reg. 9177; Department of State Bulletin, Jan. 22, 1951, p. 149. 2 56 Stat. 814, DO 3 64 Stat. 927-928. 76, pp. 6-8. The bracketed insertion in the first paragraph appears Official Records. 5 Ibid., Supplement No. 20 (A/1775), p. 15. ar COD to C01 ful an INC mi ME mi ler in the am fu KOREA 2597 further steps approved by the United Nations. ra- trea lems arising out of the cease-fire, including civil government and police power in the demilitarized zone. arrangements, which should continue in effect until superseded by Of the General Assembly. The Group met almost immediately after- wards and decided to associate the Secretary-General of the United Nations with its work. lo 3. A copy of the resolution was sent on 15 December to General the Wu, the representative of the Central People's Government of the 314 , People's Republic of China, who was then in New York, 4. On 15 December, as a first step in carrying out its task, the res Group consulted the representatives of the Unified Command as to bat : what they considered to be a satisfactory basis for a cease-fire. The ing suggestions which emerged from this consultation, and which in the circumstances the Group felt constituted a reasonable basis for dis- cat cussion, are summarized below: N. (@) All governments and authorities concerned, including the Cen- E: the tral People's Government of the People's Republic of China and the North Korean authorities, shall order and enforce a cessation of all acts of armed force in Korea. This cease-fire shall apply to all of Korea. (6) There shall be established a demilitarized area across Korea of approximately twenty miles in depth with the southern limit following generally the line of the 38th parallel. SE (0) All ground forces shall remain in position or be withdrawn to HE lear; forces, including guerrillas, within or in advance of the demilitarized area, must be moved to the rear of the demilitarized area; opposing air forces shall respect the demilitarized zone and the areas beyond the zone; opposing naval forces shall respect the waters contiguous to the land areas occupied by the opposing armed forces to the limit of three miles from shore. (d) Supervision of the cease-fire shall be by a United Nations commission whose members and designated observers shall ensure full compliance with the terms of the cease-fire. They shall have the free and unlimited access to the whole of Korea. All governments to and authorities shall co-operate with the cease-fire commission and be | its designated observers in the performance of their duties. (0) All governments and authorities shall cease promptly the intro- duction into Korea of any reinforcing or replacement units or per- sonnel, including volunteers, and the introduction of additional war 335 equipment and material. Such equipment and material will not and include supplies required for the maintenance of health and welfare and such other supplies as may be authorized by the cease-fire com- C) Prisoners of war shall be exchanged on a one-for-one basis Si pending final settlement of the Korean question. 9) Appropriate provision shall be made in the cease-fire arrange- ments in regard to steps to ensure (*) the security of the forces; (ii) the movement of refugees, and (iii) the handling of other specific prob- the 09. 3182 OCH ce & 8S ON- to ten the 2598 AMERICAN FOREIGN POLICY, 1950–1955 ? hai tra Ce sta ANI Pre 1 t 8 1 I e I a 6. On 18 December, Mr. Pearson, on behalf of the Group, submitted 5. The Group then attempted to consult the Central People's Government of the People's Republic of China and, for this purpose , sent a message by hand to General Wu and repeated it by cable to the Minister for Foreign Affairs in Peking. The text of this message is reproduced below: “16 December 1950 "As you have already been informed by resolution 384 (V) a copy of which was sent to you yesterday, a Committee was set up by the General Assembly of the United Nations on the previous day, 14 December, consisting of myself and my two colleagues, Sir Benegal Rau of India and Mr. L. B. Pearson of Canada, charged with the duty of determining whether it is possible to arrange appropriate and satisfactory conditions for a cease-fire in Korea. The purpose of this cease-fire in Korea will be to prevent the conflict from spreading to other areas, to put an end to the fighting in Korea, and to provide an opportunity for considering what further steps should be taken for a peaceful settlement of existing issues, in accordance with the purposes and principles of the United Nations. "The above Committee has now met representatives of the Unified Command in Korea, and has discussed with them, in an exploratory manner, possible conditions upon which a cease-fire might be established. Since the Government of the Communist People's Republic of China has expressed strong views on the future of Korea and about the present state of warfare in that country, and since Chinese are participating in that warfare, the Committee wishes also to discuss with your Government or its representatives, and with the military authorities in command of the forces operating in North Korea, possible conditions upon which a cease-fire might be established. For this purpose, we desire to see you at your earliest convenience, and we should be grateful to know when a meeting can be arranged. “We realize that your Government which sent you here with other objects in mind, may prefer other arrangements by which a cease- fire can be discussed with them. We wish your Government to know that, in the interest of stopping the fighting in Korea and of facilitating a just settlement of the issues there in accordance with the principles of the United Nations Charter, we are prepared to discuss cease-fire arrangements with your Government or its repres sentatives either here or elsewhere, as would be mutually convenient . We urge only that arrangements for these discussions should be made with the least possible delay. With this in mind, we are send ing the text of this communication directly to your Government by telegram. a brief preliminary account of its activities to the First Committe, hoping that a fuller report would be made in the near future. S n A a b be r S t r & C of "Nasrollah ENTEZAM" No. Pre- 195 KOREA 2599 ? Ibid., pp. 56-58. go in de szen Government is of the opinion that the United Nations should ?d No. 72. See also United States Participation in the United Nations; Report by the 1 Action of Nov. 30, 1950; U.N. Security Council, Official Records, Fifth Year, President to the Congress for the Year 1950 (Department of State publication 4178;- 1951), pp. 51-56. ple's 7. On 16 December, the President, acting on behalf of the Group, had availed himself of the good offices of the Swedish delegation to ose, the transmit, through the Swedish Embassy in Peking, a request to the Central People's Government that General Wu should be instructed to stay on in New York and discuss with the Group the possibility of 50 arranging a cease-fire. The reply to the request, communicated to the President on 21 December through the same channel, was as follows: ору "The Central People's Government acknowledges receipt of a message dated 18 December 1950 from Mr. Entezam, President of 14 egal the General Assembly, transmitted via the Swedish Government and asks the Swedish Government to transmit the following reply to and Mr. Entezam, President of the General Assembly: of "The representative of the People's Republic of China neither ling participated in nor agreed to the adoption of the resolution concern- ing the so-called three-man Committee for Cease-Fire in Korea by United Nations General Assembly. The Central People's Govern- the ment has repeatedly declared that the Central People's Government would regard as illegal and null and void all major resolutions, the especially those concerning Asia, which might be adopted by the United Nations without the participation and approval of the duly appointed representatives of the People's Republic of China. There- fore, the Central People's Government cannot instruct its repre- sentative General Wu to continue to remain in Lake Success for und negotiations with the above-mentioned three-man illegal Committee. tee After the Security Council unreasonably voted against the complaint against the United States armed aggression against Taiwan raised by the People's Republic of China, General Wu was instructed ing Eht by the Central People's Government to continue to stay at Lake Success for participation in the discussion of the complaint of United States aggression against China submitted by the U.S. S. R. ng representative; although he has waited for a long time and until the United Nations General Assembly was declared adjourned, he was- still not given the opportunity to speak. Under such circumstances , the Central People's Government deems that there is no more of necessity for General Wu and his staff to remain at Lake Success th and has therefore instructed him to start their homeward journey "As to the question of how the United Nations may get in touch with the Korean Democratic People's Republic, the Central People's be de address direct inquiry to the Government of the Korean Democratic V 3. On 19 December, acting on a recommendation from the sponsors of the twelve-Power" draft fesolution (A/C.1/642) introduced in the an fire hist ura es est ler se- to on 19 December to "@a it. People's Republic. 8 2600 AMERICAN FOREIGN POLICY, 1950–1955 TE 8 SO TE at OU an “President of the General Assembly | Ko 9. On 23 December, the President of the General Assembly, in Up text of a statement issued by the latter in Peking on 22 December peaceful settlement of the Korean question. This document is First Committee on 12 December, the Group sent another message to the Foreign Minister of the Central People's Government. This was intended to remove any possible misunderstandings which may have arisen out of the separation of the twelve-Power resolution from G the thirteen-Power resolution (384 (V)] adopted by the General Assembly on 14 December. The text of the message is given below: "Mr. Chou En-lai, "Minister for Foreign Affairs, "Central People's Government of the People's Republic of Chine 34 "Peking, China "In the consideration which you are giving to our earlier message , we are anxious that there should be no misunderstanding as to the relationship between the United Nations resolution establishing a cease-fire group and the resolution proposed by twelve Asian pr governments recommending appointment of a committee to meet as soon as possible and make recommendations for peaceful settlement of existing issues in Far East. It is our clear under- standing and also that of the twelve Asian sponsors, that once & sh cease-fire arrangement had been achieved, the negotiations visual ad ized in the second resolution should be proceeded with at once fo Indeed, the preamble to the cease-fire resolution states specifically that steps should be taken for a peaceful settlement when fighting for in Korea is ended. It is also our view, as well as that of the twelve Asian governments sponsoring the second resolution, that the pu Government of the People's Republic of China should be included pe in the negotiating committee referred to in that resolution. We feel that this committee could become an effective channel for (v seeking peaceful solution of existing issues in the Far East between sou the United States, the United Kingdom, the Soviet Union and pro China. For that purpose, in our opinion, it should be set up with ap a minimum of delay, but to make that possible a "cease-fire " eine arrangement must be put into effect. This point of view has been c communicated to your delegation which left New York today, and son we express the hope that you will give full weight to it. "Nasrollah ENTEZAN Central People's Government of the People's Republic of Chine the explaining the attitude of the Central People's Government on resolution constituting the Group on Cease-Fire in Korea and on Dal Un Į "Sir Benegal RAU "Lester B PEARSON" era rer ant 1 the the Ses : KOREA 2601 Session, Annexes, Agenda Item 76, pp. 8–10. in United States of America, the Union of Soviet Socialist Republics Not printed here. See U.N. General Assembly, Official Records, Fifth reproduced as an Annex.1 It appears to be in the nature of an This answer to the Group's message of 16 December. may 10. In these circumstances, and in spite of its best efforts, the com Group regrets that it has been unable to pursue discussion of a eral satisfactory cease-fire arrangement. It therefore feels that no OF: recommendation in regard to a cease-fire can usefully be made by it at this time line 36. PRINCIPLES ADOPTED BY THE UNITED NATIONS GROUP ON A CEASE-FIRE IN KOREA, JANUARY 11, 1951 ? age, The objective shall be the achievement, by stages, of the programme the outlined below for a cease-fire in Korea, for the establishment of a ning free and united Korea, and for a peaceful settlement of Far Eastern 5141 problems. neet eful 1. In order to prevent needless destruction of life and property, dler- and while other steps are being taken to restore peace, a cease-fire ed should be immediately arranged. Such an arrangement should contain anal adequate safeguards for ensuring that it will not be used as a screen for mounting a new offensive. ally 2. If and when a cease-fire occurs in Korea, either as a result of a ting arrangement or, indeed, as a result of a lull in hostilities elve pending some such arrangement, advantage should be taken of it to the pursue consideration of further steps to be taken for the restoration of ded peace. We 3. To permit the carrying out of General Assembly resolution [376 for (V) that Korea should be a unified, independent, democratic, Teen sovereign State with a constitution and a government based on free and popular elections, all non-Korean armed forces will be withdrawn, by with appropriate stages, from Korea, and appropriate arrangements, in ire" accordance with United Nations principles, will be made for the Korean people to express their own free will in respect of their future and government. 4. Pending the completion of the steps referred to in the preceding en graph, appropriate interim arrangements, in accordance with United Nations principles, will be made for the administration of Korea and the maintenance of peace and security there. 3. As soon as agreement has been reached on à cease-fire, the Gen- mal Assembly shall set up an appropriate body which shall include representatives of the Governments of the United Kingdom, the the of a settlement, in conformity with existing international obligations ace. formal een 1 Y U 娘娘​烟​娘娘​这 ​* Ibid., p. 13. Supra, doc. 23. : 2602 AMERICAN FOREIGN POLICY, 1950-1955 possible 1 U.N. General Assembly, Official Records, Fifth Session, First Commitee of i.e., the principles adopted by the General Assembly's Group on a Cease-Fire 3 See the reply of Jan. 17, 1951, by Chou En-lai, the Chinese Communist Foreign Minister, declining to accept the principles (Department of State Bulletin, Jan. 29, 1951, pp. 165–166) and Secretary Acheson's comments of the and the provisions of the United Nations Charter, of Far Easter problems, including, among others, those of Formosa (Taiwan) and of the representation of China in the United Nations. 37. TRANSMITTAL OF THE PRINCIPLES ADOPTED BY THE UNITED NATIONS GROUP ON A CEASE-FIRE IN KOREA TO THE CHINESE COMMUNIST REGIME: Resolution of the First Committee of the United Nations General Assembly, January 13, 1951 1 The First Committee Invites the Chairman of the First Committee, through the Secretary: General, to transmit the principles approved by it on 13 January 1958 to the Central People's Government of the People's Republic of China and invite that Government to inform him as soon as whether it accepts those principles as a basis for the peaceful settlement of the Korean problem and other Far Eastern problems. Upan the receipt of the reply from the Central People's Government of the People's Republic of China, the Chairman of the First Committe will convene the Committee to consider that reply. f 38. LABELING THE CHINESE COMMUNISTS AS AGGRES t SORS IN KOREA: Resolution of the House of Representatives January 19, 1951 4 t t Resolved, That it is the sense of the House of Representatives that d the United Nations should immediately act and declare the Chines $1 Communist authorities an aggressor in Korea. N th 39. LABELING THE CHINESE COMMUNISTS AS AGGRES: SORS IN KOREA: Resolution of the United States Senate , January 23, 1951 5 It N Resolved, That it is the sense of the Senate that the United Nations th should immediately declare Communist China an aggressor in Korea th dd Meetings, p. 500. in Korea on Jan. 11, 1951; supra. 8 N t . CO a sta de date ibid., p). 4 H. Res. 77, 82d Cong., 1st sess. 5 S. Resolution 35, 82d Cong., 1st sess. KOREA 2603 See supra, pp. 538-2539 and 2540-2541. Nations. It has affronted the United Nations by the pretense that ce of the Peiping regime? Does anyone believe that this intervention 2 Department of State Bulletin, Feb. 5, 1951, pp. 203–205, 220. For a similar statement by the U.S. Representative on Nov. 28, 1950, in the United Nations Security Council, see Department of State Bulletin, Dec. 11, 1950, pp. 929–936. s See supra, pp. 2537–2538. -40. CONDEMNATION OF CHINESE COMMUNIST AGGRES- astem SION IN KOREA: Statement by the United States Representa- ) and tive at the United Nations Before Committee I of the U.N. General Assembly, January 24, 1951 2 Mr. Chairman: The present stage of debate in this Committee THE reveals a situation which is confused and uncertain. We must not DREA let our minds be taken away from essential facts and basic principles. of the The facts are not in dispute. The principles are the principles of the mur Charter. This Committee should stop a moment and consider calmly and objectively the essential elements of the situation which confronts Us. What are these elements? First, an organized armed aggression was committed by the forces etary of North Korea against the Republic of Korea across the 38th parallel 195 on June 25, 1950. The facts of this aggression are unchallengeable. lied They were established by the United Nations Commission in Korea 3 osible . Let us at the very beginning be absolutely clear about these events. ement There would have been no fighting in Korea except for that aggression. Up Further, that aggression was committed with the encouragement, of the participation, and support of the authorities in both Peiping and mittel Moscow who furnished manpower and supplies to enable the aggres, sion to occur. Interrogation of prisoners of war taken by the United Nations forces reveals that long before June 25, Communist China provided to North Korean authorities large numbers of military RES the forces of Communist China. personnel of Korean ancestry, estimated at 50,000 troops, drawn from atives , Most of the military supplies came from the Soviet Union. At very beginning of this aggression, the Security Council passed two resolutions on June 25 and June 27.4 I should like to urge that the delegates reread these resolutions. They still apply to the present hinese situation. Those resolutions and the action taken by the United Nations thereafter illustrated a principle of the Charter in operation; the United Nations was in fact and in deed fulfilling its purpose to maintain international peace and security and to that end taking collective measures for the suppression of an act of aggression. Another essential element is that the Peiping regime has put its own organized armed forces into Korea to assist the North Koreans. It has committed a special offense in waging war against the United One that the intervention in Korea of the Chinese Communists' troops is spontaneous act by the Chinese people and not an official decision the RES nale, itions eu ie-fire in the Charter? 1 Warren R. Austin. nuns State of the 4 2604 AMERICAN FOREIGN POLICY, 1950–1955 The final effort was made on January 13 with the transmission to Peiping of the five principles representing the minimum basis on which These are the facts from which we must start. What is the United Nations called upon to do in this present situation? We must oppose and not reward the aggression. The first article of the Charter states that it is the purpose of the United Nations to maintain international peace and to that end to take effective collective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression and to bring about by peaceful means and in conformity with the principles of justice and international law ad- justment or settlement of situations. What does this mean? It means the withdrawal of Chinese Communist forces from Korea where they have no right to be. Fundamental to the present situation is the fact that the United Nations forces are in Korea to repel ag. gression and to restore peace. United Nations forces should leeve Korea when these missions are accomplished. United Nations forces should not leave Korea under such conditions as would invite an early resumption of North Korean or Chinese Communist aggression . A second step is to settle the Korean problem. On what basis ? The United Nations gave long consideration to this last October before the General Assembly adopted its resolution of October 7 1950.1 That resolution is as valid today as it was then because it is in accordance with the principles of the Charter. We might all pause and reread that resolution and refresh our recollection of what are the United Nations objectives in Korea and how they should be achieved. The resolution adopted by the General Assembly also sets forth conditions for the withdrawal of United Nations forces, A third step to bring about a general easing of the tension in the Far East is to turn to the peaceful settlement of other Far Eastern questions. As far as the United States is concerned, we are ready at all times to take part in appropriate processes of peaceful settlement for these and other questions. The United States Government takes seriously its solemn obligations under article 33 of the Charter . I discussions are held, the United States will enter them in good faith . We will not commit ourselves in advance nor will we insist in advance , as the Chinese Communists do, that the discussions must lead to a predetermined result in our favor. Where are we now in terms of carrying out the purposes of this great organization? What has been happening since the Chinese Commis nist intervention began and this Committee started dealing with the problem? It has been 7 weeks since the General Assembly put this item on dit agenda as an important and urgent matter. In the weeks which inter vened, the Committee and its members have made unceasing effort to bring about in Korea peace with justice, in accordance with prio ciples of international law and the Charter. All these efforts were rebuffed by Peiping. an honorable settlement could be achieved.2 the 1 1 1 1 On January 17, 1 See supra, pp. 2576-2578. 2 See supra, doc. 37. KOREA 2605 jose ites ina! the 3101 I in ad- It ret tion ago :9 Te rces bise ale : U.N. General Assembly, Official Records, Fifth Session, First Committee, ted Peiping regime flatly rejected the five principles. Its response, in- cluding its so-called counterproposal," was utterly unacceptable. This final effort at peaceful settlement having been rebuffed, the United States introduced its resolution setting forth the undisputed facts and providing for further steps which, we believe, the United Nations is called upon to take under the Charter.? This is where things stood when Sir Benegal Rau reported a further communication from Peiping to the Indian Ambassador.3 The United States has great respect for India and for Sir Benegal's sincerity. We admire his efforts, but, as the Philippine delegate said, we cannot agree that this new communication changes very much. In the first place, what is the status and character of this communi- cation and to whom is it addressed? Does it purport to supersede the response from Chou En-lai dated January 17, or is it merely an amplifi- an 10n. cation of the earlier response? If it is in answer to some questions put sis? to the Peiping government, what were those questions? Has the ber Peiping government reconsidered its earlier reply, and does it wish 17, now to make a further communication to the United Nations? If it is that is so, there are simple ways for making such official and responsible communications and the Chinese Communists know how to do it. The United States does not wish ever in any case to close the door to the possibility of negotiation and settlement by peaceful means in an also honorable way. Nor do we wish to be lacking in decent respect for the opinion of others. But this latest communication from Peiping the appears to have all the aspects of a dusty answer. It appears to be designed to confuse the United Nations, to divide its members, and to becloud the issues that are before us. If we read the proposal as a new offer to the United Nations and give kes it the benefit of every doubt as to its purport and its purposes, one It thing remains clear: it is not an acceptance of the United Nations' ith. proposal of January 13. Nowhere does it recognize the United Na- tions or the resolutions of this Assembly. The latest communication talks of a cease-fire for a limited time. Does that mean that the negotiations might be interrupted at any moment by a new attack from the Chinese Communists because the talks were not going in exactly the way they wish? Are they seri- the ously asking the United Nations to enter discussions in such circum- stances? The five principles contemplated the immediate arrange- its ment of a cease-fire to continue in effect until superseded by further steps approved by the United Nations. The Chinese Communist response does not accept the principle that all non-Korean troops shall be withdrawn by appropriate stages from Korea . Instead, it says only that the Central People's Government will “advise” Chinese volunteers to return to China if the principle that all foreign troops should be withdrawn from Korea has been ac- cepted and is being put into practice. In other words, the United See United States Policy in the Korean Conflict, July 1950-February 1951 (Department of State publication 4263), pp. 35–36. be S. ter? y at nent nce, to a reat mu- ter orts rin- Tere to nich the 1 2 See infra, doc. 42 Meetings, p. 525. 2606 AMERICAN FOREIGN POLICY, 1950–1955 are and On United Nations, that the Peiping reply is another rejection. It is Nations forces are to be treated as having less right in Korea than the easy forces of the aggressor, and only after the withdrawal of United Nathis tions forces has begun will the Central People's Government "advise" T its troops to go home. hea! Further, the cease-fire is not to be arranged in advance, but it is to shou be negotiated by a 7-nation group while hostilities are still in L progress. Later negotiations, after the limited cease-fire, are agreed to by the Nat Central People's Government only in terms which prejudge the out- gres come according to that Government's desires. Is this negotiation or peal discussion in the accepted meaning of the word? Is this what this do committee had in mind when it transmitted the basis for a cease-fire amb to Peiping? Finally, the response demands, and I am now quoting the language If read to us by Sir Benegal on Monday, “The definite affirmation of they the legitimate status of the People's Republic of China in the United 20 . Nations must be insured.” This presumably means that the United the of Nations is given an ultimatum that it must agree to accept a govern- ber ment currently an aggressor as the representative of China. The decision as to which government should represent China in the that United Nations is a decision to be made by the United Nations . Peit We have every confidence that it will be made soberly and justly , taking into account all the relevant circumstances. Surely, one of lth these relevant circumstances is the behavior of the Peiping regime sett and the fact that its armies are now on foreign soil as an invader , presently in battle with the forces of the United Nations and shedding the blood of soldiers of many of the Governments sitting at this flict table. It is a matter of common sense as well as of principle that no I government can gain entry to the United Nations by force of bay- onets and bullets. You can't shoot your way into the United Nations . of t The question of Formosa, the Chinese representation, and of other Far Eastern problems have been or can be put on the agenda of the United Nations and dealt with by orderly United Nations processes . Various members of the United Nations may take differing views on the question of Chinese representation and perhaps also on the future of Formosa. But they cannot possibly disagree with my Govern- ment's view that these problems must be solved in the United Nations in accordance with the Charter and the procedures provided for there in and not by blackmail. When we compare the five principles and the latest Peiping com- munication, what do we find? The five principles meant in effect that if the Chinese Communists ceased their attacks on United Nations, forces, there could be an end to hostilities in Korea, then there could be bona fide discussions with a view to achieving United Nations objectives in Korea by peaceful means and to settling other outstanding questions in the Far East. The Peiping communi- cation does not in fact agree to a cessation of hostilities; it does not in fact agree to discussions in good faith. It is clear to us, as I am sure it is to most other members of the In t resti SOCIE thro rific mad collo ther off are Inyc late OW relo Tor. and tack Nat OW to gtes KOREA 2607 'ess. 1 01 II- ens Nations be so committed in Korea as not to be available for their involvement. Some are concerned lest the strength of the United Felopments in the Far East and what these mean to the rest of the Nations to provide the unified support of every other Government the easy enough to say yes if you mean yes. Peiping has said no, but No this time it has said it less forthrightly. ise" The present reply gives no inkling that there has been a change of heart and that its intentions are honorable. The United Nations 3 to should not be fooled. Let us ask ourselves with honesty and candor whether the United the Nations should put itself in the position of a suppliant to a trans- jut . Jgressor and make further appeals to Peiping. Would a further ap- peal contribute to the authority of the United Nations and the system this of collective security? Would it not rather inflate the appetites and fire ambitions of Peiping, confusing the world as to what the issues really are and complicating a situation which is in fact a very simple one? age If particular members wish to address further appeals to Peiping, l of they are at entire liberty to do so. My Government would raise ted no objections. If these members receive any replies which reflect ted the possibility of a reasonable settlement or the adoption by Peiping of an acceptable course of conduct, of course my Government will The be ready to consider them. But I would point out to my colleagues the that this is not merely a problem of finding a formula acceptable to Peiping. The result must also be acceptable to the United Nations ly , and in conformity with the Charter. The United Nations has called on its members for great sacrifices on behalf of collective security. It has gone to great lengths to leave the way open for a peaceful cer, settlement of a situation brought about by flagrant aggression. ng In the conduct of military operations, its forces have used the greatest his restraint under_extreme provocation in order to localize the con- Biet in Korea. But the United Nations must not be taken for granted. By my colleagues to give some thought to the issue of collective security . "Collective security is not merely a phrase. The views of the people of the United States on this matter were developed he through a generation of vigorous debate and are linked with the sac- rifices of the peoples of the world in World War II which had to be made because the world had not been able to establish a system of collective security to meet Nazi aggression. We do recognize that there are honest differences on the question before us on the points of view of the Governments represented around this table. Some pre remote from the scene of conflict and hope somehow to avoid own defense. Others take differing views about the nature of de- ed nd acked , each of us would in that situation desperately ask the United our own countries? Only by a determination to take united action to support each other faithfully and vigorously. when an act of ag- me S I ask ns. er* 25. OD. Ere I- ms P 1. ct. o o 1o at gression occurs. le is 2608 AMERICAN FOREIGN POLICY, 1950–1955 ar 91 u hostilities against United Nations forces there, has itself engaged in 3 U.N. General Assembly, Official Records, Fifth Session, Supplement No. 20 A in Korea, Jan. 2, 1951, and Principles Adopted by the General Assembly's Group | tt See Report to the U.N. General Assembly from its Group on & Ceass-Fire 41. CONDEMNATION OF CHINESE COMMUNIST AGGRES SION IN KOREA: Statement by the President, January 25, 1951 Ambassador Austin has fully and forcefully presented the views d this Government on our attitude toward aggression by the Chines Communists. These views have the solid support of the Executire, as the Congress, and the people of the United States. Each member of the United Nations must make its own decision on M this issue. For my part, I believe in calling an aggressor an aggressor . m The question of what can and should be done about the aggression is te Korea of course must be discussed with all other friendly nations. Obviously, this is no time for rash or unwise action. This is a time to for clear thinking and firmness. Let me stress again that the American resolution contains--as ad our proposals have contained a method for bringing about a cease of fire and opening the way for peaceful settlement of outstanding issues q tr 42. CONDEMNATION OF CHINESE COMMUNIST AGGRES SION IN KOREA: Resolution 498 (V) of the United Nations General Assembly, February 1, 1951 3 4 The General Assembly, Noting that the Security Council, because of lack of unanimity of the permanent members, has failed to exercise its primary responsibi. K ity for the maintenance of international peace and security in regant to Chinese Communist intervention in Korea, Noting that the Central People's Government of the People's R- public of China has not accepted United Nations proposals * to bring A about a cessation of hostilities in Korea with a view to peaceful setlet ment, and that its armed forces continue their invasion of Korea and K their large-scale attacks upon United Nations forces there, 1. Finds that the Central People's Government of the People's Republic of China, by giving direct aid and assistance to those who were already committing aggression in Korea and by, engaging in T aggression in Korea; 2. Calls upon the Central People's Government of the Peoples Republic of China to cause its forces and nationals in Korea to cease hostilities against the United Nations forces and to withdraw from Korea; 1 Department of State Bulletin, Feb. 5, 1951, p. 205. (A/1775/Add. 1), p. 1. / tr II M SI R 08 P 2 See supra. & on a Cease-Fire in Korea, Jan. 11, 1951; supra, docs. 35 and 36. I KOREA 2609 1 IS. Philippine Republic, Turkey, the United Kingdom, the United States, Venezuela, the members of the General Assembly (A/1779) that Dr. Luis Padilla Nervo (Mexico) and Mr. Sven Grafstrom (Sweden) had accepted his invitation to form 3 Department of State Bulletin, Apr. 16, 1951, pp. 603-605 (also available as Department of State publication 4195; 1951). GRES 3. Afirms the determination of the United Nations to continue its , 1951" action in Korea to meet the aggression; 4. Calls upon all States and authorities to continue to lend every ew ed assistance to the United Nations action in Korea; hinese hip 5. Calls upon all States and authorities to refrain from giving any cutire assistance to the aggressors in Korea; 6. Requests a Committee composed of the members of the Collective sion en Measures Committee as a matter of urgency to consider additional Tesser : measures to be employed to meet this aggression and to report thereon sion in to the General Assembly, it being understood that the Committee is authorized to defer its report if the Good Offices Committee referred a time to in the following paragraph reports satisfactory progress in its efforts; 7. Affirms that it continues to be the policy of the United Nations -as al to bring about a cessation of hostilities in Korea and the achievement ceast of United Nations objectives in Korea by peaceful means, and re- issues. quests the President of the General Assembly to designate forthwith two persons who would meet with him at any suitable opportunity to use their good offices to this end.? RES : ations 43. UNITED STATES POLICY IN THE KOREAN CONFLICT: Address by the President, April 11, 1951 3 I want to talk plainly to you tonight about what we are doing in nsibi- Korea and about our policy in the Far East. regard in the simplest terms, what we are doing in Korea is this: We are trying to prevent a third world war. s Re- I think most people in this country recognized that fact last June. bring and they warmly supported the decision of the Government to help setle the Republic of Korea against the Communist aggressors. Now , a apo many persons, even some who applauded our decision to defend Korea, have forgotten the basic reason for our action. It is right for us to be in Korea. It was right last June. It is e who right today. I want to remind you why this is true. The COMMUNIST THREAT TO FREEDOM The Communists in the Kremlin are engaged in a monstrous con- spiracy to stamp out freedom all over the world. If they were to The Collective Measures Committee, set up by the General Assembly's of Australia, Belgium, Brazil, Burma, Canada, Egypt, France, Mexico, the ity of ople's ng in 江​田 ​ed in ople's cease from 2014 and Yugoslavi - Fire Group The President of the General Assembly, on 19 February 1951, informed 415900_-57-Vol. 2 -61 2610 AMERICAN FOREIGN POLICY, 1950–1955 8 t I would like to read to you from a secret intelligence report which si came to us after the attack. It is a report of a speech a Communist to army officer in North Korea gave to a group of spies and saboteurs shows in great detail how this invasion was part of a carefully pre- trained in Moscow, told his men: "Our forces," he said, "are scheduled It coming attack on South Korea marks the first step toward the libera succeed, the United States would be numbered among their principal victims. It must be clear to everyone that the United States cannot and will not-sit idly by and await foreign conquest. The only question is: When is the best time to meet the threat and how? The best time to meet the threat is in the beginning. It is easier to put out a fire in the beginning when it is small than after it has become a roaring blaze. And the best way to meet the threat of aggression is for the peace- loving nations to act together. If they don't act together, they are likely to be picked off, one by one. If they had followed the right policies in the 1930's—if the free countries had acted together, to crush the aggression of the dictators, and if they had acted in the beginning, when the aggression was small—there probably would have been no World War II. If history has taught us anything, it is that aggression anywhere in the world is a threat to peace everywhere in the world. When that aggression is supported by the cruel and selfish rulers of a powerful nation who are bent on conquest, it becomes a clear and present danger to the security and independence of every free nation. This is a lesson that most people in this country have learned thoroughly. This is the basic reason why we joined in creating the United Nations. And since the end of World War II we have been putting that lesson into practice—we have been working with other free nations to check the aggressive designs of the Soviet Union before they can result in a third world war. That is what we did in Greece, when that nation was threatened by S the aggression of international communism. The attack against Greece could have led to general war. But this country came to the aid of Greece. The United Nations supported Greek resistance. With our help, the determination and efforts of the Greek people defeated the attack on the spot. b Another big Communist threat to peace was the Berlin blockade That too could have led to war. But again it was settled because free men would not back down in an emergency. THE COMMUNIST PLAN FOR CONQUEST The aggression against Korea is the boldest and most dangerous move the Communists have yet made. 8 The attack on Korea was part of a greater plan for conquering all of Asia. th last May, one month before South Korea was invaded. The report pared plot. Here is part of what the Communist officer , who had been to attack South Korean forces about the middle of June. . 10 ( CI m NE 01 / Dit The ," KOREA 2611 } fighting in Indochina and other countries in that part of the world. muled It has already slowed down the timetable of conquest. been large increases in the enemy's available air forces. icipal Notice that he used the word "liberation." That is Communist not-double-talk meaning "conquest." onlr I have another secret intelligence report here. This one tells what another Communist officer in the Far East told his men several months zasier before the invasion of Korea. Here is what he said: "In order to t has successfully undertake the long awaited world revolution, we must first unify Asia. . . . Java, Indochina, Malaya, India, Tibet, Thai- eace land, Philippines, and Japan are our ultimate targets. . .. The United y are States is the only obstacle on our road for the liberation of all countries in southeast Asia. In other words, we must unify the people of Asia free and crush the United States.' ktors, That is what the Communist leaders are telling their people, and was that is what they have been trying to do. They want to control all Asia from the Kremlin. This plan of conquest is in flat contradiction to what we believe. that We believe that Korea belongs to the Koreans, that India belongs to rerful the Indians--that all the nations of Asia should be free to work out esent their affairs in their own way. This is the basis of peace in the Far East and everywhere else. The whole Communist imperialism is back of the attack on peace in the the Far East. It was the Soviet Union that trained and equipped the bean North Koreans for aggression. The Chinese Communists massed 44 other well-trained and well-equipped divisions on the Korean frontier. efore These were the troops they threw into battle when the North Korean Communists were beaten. d by STOPPING SHORT OF GENERAL WAR this The question we have had to face is whether the Communist plan of conquest can be stopped without general war. Our Govern- ment and other countries associated with us in the United Nations believe that the best chance of stopping it without general war is to meet the attack in Korea and defeat it there. That is what we have been doing. It is a difficult and bitter task. But so far it has been successful. So far, we have prevented World War III. So far, by fighting a limited war in Korea, we have prevented aggres- sion from succeeding and bringing on a general war." And the ability of the whole free world to resist Communist aggression has been We have taught the enemy a lesson. He has found out that aggres- hich sion is not cheap or easy. Moreover, men all over the world who want gnist to remain free have been given new courage and new hope. They know now that the champions of freedom can stand up and fight and that Our resolute stand in Korea is helping the forces of freedom now The ground forces for a new mass offensive. We also know that there have orted ts of rade. cause TOUS 110 greatly improved. eurs port they will stand up and fight. pre- een era- 2612 AMERICAN FOREIGN POLICY, 1950–1955 m WW: ac IT It is the course consistent with our obligation / experience in Greece and Berlin shows that it is the most effective to First of all, it is clear that our efforts in Korea can blunt the will of the Chinese Communists to continue the struggle. The United Nations forces have put up a tremendous fight in Korea and here If a new attack comes, I feel confident it will be turned back. Their United Nations fighting forces are tough and able and well equipped . In They are fighting for a just cause. They are proving to all the world that the principle of collective security will work. We are proud of all these forces for the magnificent job they have done against heavy oddsen We pray that their efforts may succeed, for upon their success may th hinge the peace of the world. 11 The Communist side must now choose its course of action. The co Communist rulers may press the attack against us. They may take a further action which will spread the conflict. They have that choice , and with it the awful responsibility for what may follow. The Com munists also have the choice of a peaceful settlement which could lead by to a general relaxation of tensions in the Far East. The decision is a theirs, because the forces of the United Nations will strive to limit the conflict if possible. We do not want to see the conflict in Korea extended. We are trying to prevent a world war--not to start one. The best way to do that is to make it plain that we and the other free countries will continue to resist the attack. THE BEST COURSE TO FOLLOW But you may ask: Why can't we take other steps to punish the aggressor? Why don't we bomb Manchuria and China itself? Why don't we assist Chinese Nationalist troops to land on the mainland als China? If we were to do these things we would be running a very grave risk of starting a general war. If that were to happen, we would have brought about the exact situation we are trying to prevent. di If we were to do these things, we would become entangled in a vast ti conflict on the continent of Asi i and our task would become immeasura co ably more difficult all over the world. What would suit the ambitions of the Kremlin better than for our PE military forces to be committed to a full-scale war with Red China? It may well be that, in spite of our best efforts, the Communists th may spread the war. But it would be wrong—tragically wrong us to take the initiative in extending the war. North Koreans and Chinese Communists in the front lines stand The dangers are great. Make no mistake about it. Behind the K Sp additional millions of Chinese soldiers. And behind the Chinese stand the tanks, the planes, the submarines, the soldiers , and the scheming rulers of the Soviet Union. Our aim is to avoid the spread of the conflict. The course we have been following is the one best calculated on the avoid an all-out war. course of action we can follow. re ni II 9 De KOREA 2613 2. t the always open. 181 is d the demonstrated that he has the great qualities of military leadership ration interested in real peace. The inflicted very heavy casualties on the enemy. Our forces are stronger oped . now than they have been before. These are plain facts which may world discourage the Chinese Communists from continuing their attack. of all Second, the free world as a whole is growing in military strength odds every day. In the United States, in Western Europe, and throughout may the world, free men are alert to the Soviet threat and are building their defenses. This may discourage the Communist rulers from The continuing the war in Korea—and from undertaking new acts of take aggression elsewhere. Oice , If the Commurist authorities realize that they cannot defeat us in Com Korca, if they realize it would be foolhardy to widen the hostilities lesd beyond Korea, then they may recognize the folly of continuing their on is aggression. A peaceful settlement may then be possible. The door is Then we may achieve a settlement in Korea which will not compro- rying mise the principles and purposes of the United Nations. I have thought long and hard about this question of extending the Tue to war in Asia. I have discussed it many times with the ablest military advisers in the country. I believe with all my heart that the course we are following is the best course. I believe that we must try to limit the war to Korea for these vital h the reasons: to make sure that the precious lives of our fighting men are not wasted; to see that the security of our country and the free world nd of is not needlessly jeopardized; and to prevent a third world war. AVOIDING CONFUSION OVER U.S. POLICY hare A number of events have made it evident that General MacArthur did not agree with that policy. I have therefore considered it essen- u vast tial to relieve General MacArthur so that there would be no doubt or Asu- confusion as to the real purpose and aim of our policy. It was with the deepest personal regret that I found myself com- ir ou pelled to take this action. General MacArthur is one of our greatest na? military commanders. But the cause of world peace is more important inists than any individual. .foThe change in commands in the Far East means no change whatever in the policy of the United States. We will carry on the fight in d the Korea with vigor and determination in an effort to bring the war to a stand speedy and successful conclusion, inee The new commander, Lt. Gen. Matthew Ridgway, has already We are ready, at any time, to negotiate for a restoration of peace in ed the area. But we will not engage in appeasement. We are only Our Real peace can be achieved through a settlement based on the Thr e risk needed for this task. ectire will of Inited following factors: One : the fighting must stop. not break out again. Two: concrete steps must be taken to insure that the fighting will hare 2614 AMERICAN FOREIGN POLICY, 1950--1955 0 83 1 11 8 Three: there must be an end to the aggression. t A settlement founded upon these elements would open the way for the unification of Korea and the withdrawal of all foreign forces. In the meantime, I want to be clear about our military objective We are fighting to resist an outrageous aggression in Korea. We are trying to keep the Korean conflict from spreading to other areas . But at the same time we must conduct our military activities so as to insure the security of our forces. This is essential if they are to continue the fight until the enemy abandons its ruthless attempt to destroy the Republic of Korea. That is our military objective—to repel attack and to restore peace . In the hard fighting in Korea, we are proving that collective action among nations is not only a high principle but a workable means of resisting aggression. Defeat of aggression in Korea may be the turning point in the world's search for a practical way of achieving peace and security. The struggle of the United Nations in Korea is a struggle for peace The free nations have united their strength in an effort to prevent d a third world war. That war can come if the Communist rulers want it to come. But this Nation and its allies will not be responsible for its coming , We do not want to widen the conflict. We will use every effort to prevent that disaster. And in so doing we know that we are following the great principles of peace, freedom, and justice. 0 th a 44. UNITED NATIONS STRATEGIC EMBARGO AGAINST COM MUNIST CHINA AND NORTH KOREA: Resolution 500 (V) of 5 the United Nations General Assembly, May 18, 1951 TE 1 t 0 2 3 4 The General Assembly, Noting the report of the Additional Measures Committee deted 14 May 1951, Recalling its resolution 498 (V) of 1 February 1951, Nothing [Noting] that: (a) The Additional Measures Committee established by that resolution has considered additional measures to be employed to meet the aggression in Korea, (6) The Additional Measures Committee has reported that a number of States have already taken measures designed to deny contributions to the military strength of the forces opposing the United Nations in Korea, (c) The Additional Measures Committee has also reported that certain economic measures designed further to deny such contribu 1 U.N. General Assembly, Oficial Records, Fifth Session, Supplement No. 20 A (A/1775/Add. 1), p. 2. · See U.N. doc. A/1799. 3 Supra, doc, 42. SE P 4 KOREA 2615 1 SO AS is of this embargo; eace, ome. Department of State Bulletin, June 11, 1951, pp. 923–926. tions would support and supplement the military action of the United Nations in Korea and would assist in putting an end to the aggression, 1. Recommends that every State: . ctive . (a) Apply an embargo on the shipment to areas under the control Te are of the Central People's Government of the People's Republic of China areas and of the North Korean authorities of arms, ammunition and imple- ments of war, atomic energy materials, petroleum, transportation ure to materials of strategic value, and items useful in the production of pt to arms, ammunition and implements of war; 6) Determine which commodities exported from its territory fall react within the embargo, and apply controls to give effect to the embargo; ction (c) Prevent by all means within its jurisdiction the circumvention of controls on shipments applied by other States pursuant to the } the present resolution; eving (d) Co-operate with other States in carrying out the purposes of (0) Report to the Additional Measures Committee, within thirty zvent days and thereafter at the request of the Committee, on the measures taken in accordance with the present resolution; ning. 2. Requests the Additional Measures Committee: irt to wing (a) To report to the General Assembly, with recommendations as appropriate, on the general effectiveness of the embargo and the desirability of continuing, extending or relaxing it; (6) To continue its consideration of additional measures to be employed to meet the aggression in Korea, and to report thereon further to the General Assembly, it being understood that the Com- 1) of mittee is authorized to defer its report if the Good Offices Committee reports satisfactory progress in its efforts; 3. Reaffirms that it continues to be the policy of the United Nations to bring about a cessation of hostilities in Korea, and the achievement of United Nations objectives in Korea by peaceful means, and requests the Good Offices Committee to continue its good offices. that I to 45. REVIEW OF UNITED STATES POLICY IN THE KOREAN CONFLICT: Statement by the Secretary of State, June 1, 1951 ? eny The real issues in the discussion before us are peace or war, and the the survival of human freedom. It is not just a difference as to method which is now under examina- het tion. What is challenged is the bedrock purpose of our foreign bu policy , and of what we have been trying to do. That is the place I rould like to start, in this brief statement. See U.N. General Assembly, Oficial Records, Fifth Session, First Committee, * Made before the Senate Armed Services and the Foreign Relations Committees; OM ated t & OA 1 448d Meeting. 2616 AMERICAN FOREIGN POLICY, 1950–1955 The attack on Korea was a blow at the foundation of this whole program. It was a challenge to the whole system of collective was was anc on T act The foreign policy of the United States has a central and dominant was objective-to protect the nation and to safeguard the future of its people. We stand ready to defend our future by force of arms if that up necessity is forced upon us. But we seek to deter war if we can. *] Another world war would be destructive beyond experience; it sys would not solve problems, but multiply them. Therefore, it is part oth of our fundamental purpose to prevent, by all honorable means, the 1 outbreak of another general war. Even before the last world war was over, while our young men Pre were storming the beaches at Normandy and Saipan and dozens of full other places now engraved in our memories, the resolution was forming pri among our people that future wars must be prevented. Their conviction grew that the best way to protect the security of pea our nation and of our people was to prevent war, and that the way to go about it was through an international system of collective security . The Four Freedoms, the Atlantic Charter, the United Nations- these were not cynical slogans. They represented the idea which our people felt in their hearts was worth fighting for. Wh It has been the purpose of our foreign policy to keep faith with that this idea. I The attempt to build a collective security system on the basis of the cooperation of all the great powers broke down because of the Un policies of the Soviet Union. But Soviet ambitions have not been ber able to obstruct our determined efforts. Within the framework of the Charter of the United Nations, we have been building a collective security system based on the coopera- the tion of those nations who are dedicated to peace. ger The united and determined effort of our people to build effective instruments for keeping the peace is recorded in a series of vigorous pec and far-sighted actions: the United Nations Charter itself , the Rio de Treaty, the Greek-Turkish Aid Program, the Marshall Plan, the day North Atlantic Treaty, and the Mutual Defense Assistance Program tha We have been building our strength, together with our allies. We must be strong enough to keep the peace. Side by side with these programs there is another basic element in our foreign policy: to assist the hundreds of millions of people who in were acquiring their independence after the war, so that they might be free to develop in their own way, and to join in an international the system for preserving the peace. Our hopes for peace required us to understand the changes which ро were in motion among vast populations of the Middle East and Asis and to help peoples who had just gained their independence from KO losing it again to the new imperialism of the Soviet Union. Those are the big, central ideas that express what we have bet trying to do in the world. T! THE CHALLENGE OF KOREA n red toti to to po ; th KOREA 2617 S- Our i the plans for carrying it to a conclusion, need to be considered. tant was & threat to all nations newly arrived at independence. This its dagger thrust pinned a warning notice to the wall which said: "Give hat up or be conquered. This was a test which would decide whether our collective security ; it system would survive or would crumble. It would determine whether part other nations would be intimidated by this show of force. the The decision to meet force with force in Korea was essential. It was the unanimous view of the political and military advisers of the nen President that this was the right thing to do. This decision had the s of full support of the American people because it accorded with the ing principles by which Americans live. As a people we condemn aggression of any kind. We reject ap- Idd peasement of any kind. kind. If we stood with our arms folded while Korea 1 to was swallowed up, it would have meant abandoning our principles, ity , and it would have meant the defeat of the collective security system on which our own safety ultimately depends. What I want to stress here is that it was not only a crucial decision whether or not to meet this aggression; it was no less important how bet this aggression was to be dealt with. In the first place, the attack on Korea has been met by collective action. The United States brought the aggression in Korea before the the United Nations, not only because the Charter requires it, but also 200 because the authority and even the survival of that organization was directly involved. response of some members of the United Nations, in terms of their capacities and their other security responsibilities, has been generous and wholehearted. ave The total action is admittedly an imperfect one, as might be ex- Das pected of beginning steps in a collective security system. But the Rhe development of this system requires us to take into consideration the che dangers and interests of those associated with us, just as we want them to take into consideration our dangers and interests. Te In the second place, our response to the aggression against Korea required a careful estimate of the risks involved in the light of the ho There was the risk that the conflict might spread into a general war bin Asia, a risk that the Chinese Communists might intervene, a risk that the Soviet Union might declare itself in. We take it for granted that risk of some sort is implicit in any positive policy, and that there is also a risk in doing nothing. The elements of risk and the means of reducing that risk to us and to the rest of the free world quite properly influenced our policy in It has been our purpose to turn back this Communist thrust, and This is in accord with one of the most fundamental tenets of our policy-to prevent, in so far as we can do so, another world war. It is aguinst this basic purpose that the operation in Korea, and 16 The 18- mi. in total world situation. 23 mi Korea. -D e 2618 AMERICAN FOREIGN POLICY, 1950-1955 I Cal C& mt Both are willing-indeed desire—to end the fighting by an honorable settlement which will end the aggression, provide against its renewal Neither will purchase a settlement by allowing the aggressors t profit by their wrong. Neither believes that the destruction or un conditional surrender of the aggressor is necessary to attain the goal WHAT THE DEFENSE OF KOREA HAS ACCOMPLISHED ha The operation in Korea has been a success. Both the North C Koreans and the Chinese Communists declared it to be their purposeth to drive the United Nations forces out of Korea and impose Com- munist rule throughout the entire peninsula. They have been pre is vented from accomplishing their objective. It has been charged that the American and allied forces fighting in ha Korea are engaged in a pointless and inconclusive struggle. bu Nothing could be farther from the fact. They have been magrif-wi cent. Their gallant, determined and successful fight has checked the Communist advance and turned it into a retreat. They have admin- istered terrible defeats to the Communist forces. In so doing, the C have scored a powerful victory. Their victory has dealt Communist imperialist aims in Asia a severe trs setback. The alluring prospect for the Communist conspiracy in June, 1950– the prospect of a quick and easy success which would not only win of Korea for the Kremlin but shake the free nations of Asia and paralya be the defense of Europe all this has evaporated. Instead of weakening the rest of the world, they have solidified it . They have given a powerful impetus to the military preparations of ple this country and its associates in and out of the North Atlantic Treaty pe Organization. We have doubled the number of our men under arms, and the pro- duction of matériel has been boosted to a point where it can begin to have a profound effect on the maintenance of the peace. be The idea of collective security has been put to the test, and has been sustained. The nations who believe in collective security have shown be that they can stick together and fight together. New urgency has been given to the negotiation of a peace treaty with Japan, and of initial security arrangements to build strength in the Pacific area. bl These are some of the results of the attack on Korea, unexpected by--and I am sure most unwelcome to the Kremlin. How THE FIGHTING CAN BE BROUGHT TO AN END The objective of our military operation in Korea is to end the aggres sion, to safeguard against its renewal, and to restore fie wide agreement on this objective in the domestic discussions of this bi issue. Both the Administration and its critics have said that the object of be the courses they propose is to end the aggression and restore peace th ha and restore peace. 80 SIC WE te: m ce There is peace. A 82 KOREA 2619 82d Congress, 1st Session, etc., pp. 322–1662. 1 yere I think it is fair to say that all of the President's advisers believe hostilities and ending the aggression in Korea. Armed Services and the Committee on Foreign Relations, United States Senate, General Marshall, General Bradley and the Joint Chiefs of Staff have given you, in detail, the reasons why they believe that the orth Chinese Communists will be defeated in Korea and must abandon pose their purpose. om- They report that our forces are in excellent shape, that their morale pre is high and that they are in a good supply position. They report not only that the mass attacks launched by the enemy gi have failed to break through the firepower of United Nations forces, but that the offensives of the enemy have been broken and thrown back nifi with enormous enemy casualties. the These defeats in Korea, together with other consequences of this min campaign, present grave problems for the Communist authorities in her China. While the manpower resources of China are vast, its supply of trained men is limited. They cannot cover up their casualties. They cannot gloss over the draft of more and more men for military service. The Chinese Red leaders have betrayed their long-standing pledge win of demobilization and the military demand for manpower has, instead, yze been increased. Peiping has also broken its promises of social and economic improve- fit ment. In the great cities, dependent on imported materials, unem- 3 ] ployment increases. The régime has not lightened the burdens of the ats people . It has made them heavier. All of this is reflected in a sharp increase in repressive measures, and in propaganda to whip up the flagging zeal of their own people. i to In the light of all these factors, I believe that the aggression can best be brought to an end with a minimum risk and a minimum loss, by continuing the punishing defeat of the Chinese in Korea. This is 10 being done. No one can predict when the fighting will stop and when the aggres- ith sion will end. It is also true that no one could have foretold exactly the what would happen when we undertook action to end the Berlin blockade, but we did what we thought was right and the blockade ced Was ended. No one could have foretold how the aggression in Greece would be terminated, but again we took those measures which our best judg- ment and sense indicated were the right ones and the aggression While the outcome of every course of action in the foreign policy field cannot be predicted with certainty in advance , it is our responsi- bility in taking action to apply our best judgment on the basis of the of Be ale el Se Military Situation in the Far East: Hearings Before the Committee on DIO- Pen ceased. PS. 18 best information at hand. 1- 2620 AMERICAN FOREIGN POLICY, 1950–1955 Or ነከ in WC SU sti This view is certainly not well enough grounded to justify a gamble THE PROPOSAL TO ENLARGE THE WAR I should like briefly to address myself to the alternative course which was placed before this Committee. This course would seek to bring the conflict in Korea to an end by enlarging the sphere of bil hostilities. I will not try to review the military considerations involved in this to proposed course, since these have been thoroughly discussed by the th previous witnesses before your Committees. It is enough to say that it is the judgment of the President's military advisers that the proposed enlargement of our military action would not exercise a prompt and decisive effect in bringing the hostilities to an end. To this judgment there must be added a recognition of the thu grave risks and other disadvantages of this alternative course. Against the dubious advantages of spreading the war in an initially ris limited manner to the mainland of China, there must be measured sti the risk of a general war with China, the risk of Soviet intervention , and of World War III, as well as the probable effects upon the soli darity of the free world coalition. th The advocates of this program make two assumptions which ab require careful examination. They assume that the Soviet Unionda will not necessarily respond to any action on our part. They also assume that in the build-up of strength relative to the Soviet Union and the Communist sphere, time is not necessarily on our side. As to Soviet reactions, no one can be sure he is forecasting accurately th what they would be, but there are certain facts at hand that bear on this question. No We know of Soviet influence in North Korea, of Soviet assistance WH to the North Koreans and to Communist China, and we know that understandings must have accompanied this assistance. We also th know that there is a treaty between the Soviets and the Chinese Communists.? But, even if the treaty did not exist, China is the Soviet Union's to largest and most important satellite."' Russian self-interest in the Far East and the necessity of maintaining prestige in the Communist sphere make it difficult to see how the Soviet Union could ignore a PT direct attack upon the Chinese mainland. I cannot accept the assumption that the Soviet Union will go its way regardless of what we do. I do not think that Russian policy is if formed that way any more than our own policy is formed that way . fo with the essential security of our nation. In response to the proposed course of action, there are a number of courses of counteraction open to the Soviets. fo They could turn over to the Chinese large numbers of planes with sh "volunteer” crews for retaliatory action in Korea and outside. They might participate with the Soviet air force and the submarine fleet , The Kremlin could elect to parallel the action taken by Peiping th 1 See the testimony of General MacArthur; Military Situation in the Far Ball pp. 3–320. ap 2 Supra, pp. 2463–2465. mi to ser QU ma m 8.7 or & KOREA 2621 war urse ito ON 동 ​security system-all this in return for what? force-in-being, both in the United States and among our allies, to onslaught, and to ensure that our allies will not suffer occupation that would enable us to win a war. and intervene with a half million or more ground force "volunteers"; or it could go the whole way and launch an all-out war. Singly, or in combination, these reactions contain explosive possi- of bilities, not only for the Far East, but for the rest of the world as well. We should also analyze the effect on our allies of our taking steps chis to initiate the spread of war beyond Korea. It would severely weaken the their ties with us and in some instances it might sever them. They are understandably reluctant to be drawn into a general war UT in the Far East-one which holds the possibilities of becoming a uld with the progress of the effort to repel aggression, an effort which in he their belief offers an honorable and far less catastrophic solution. If we followed the course proposed, we would be increasing our Hy risks and commitments at the same time that we diminished our ved strength by reducing the strength and determination of our coalition. ), We cannot expect that our collective security system will long oli survive if we take steps which unnecessarily and dangerously expose the people who are in the system with us. They would understand- ch ably hesitate to be tied to a partner who leads them to a highly dangerous short cut across a difficult crevasse. Iso In relation to the total world threat, our safety requires that we strengthen, not weaken, the bonds of our collective security system. The power of our coalition to deter an attack depends in part upon ely the will and the mutual confidence of our partners. If we, by the measures proposed, were to weaken that effect, particularly in the North Atlantic area, we would be jeopardizing the security of an area which is vital to our own national security. at What this adds up to, it seems to me, is that we are being asked to undertake a large risk of general war with China, risk of war with the Soviet Union, and a demonstrable weakening of our collective is In return for measures whose effectiveness in bringing the conflict to an early conclusion are judged doubtful by our responsible military Before concluding, I should like to deal briefly with the related proposition that we may need to take extreme risks now because time AS may not be on our side. I believe this is wrong. The basic premise of our foreign policy is that time is on our side if we make good use of it. This does not necessarily mean that time must bring us to a point where we can match the Soviet Union man- What it does mean is that we need to use the time we have to build an effective deterrent force. This requires us to create sufficient h I and destruction. And back of this shield we need to have the potential 3 approach our objective of preventing war. OD ce SO se he st authorities. a is 7. e er 2622 AMERICAN FOREIGN POLICY, 1950–1955 mi De Wh OT cor Re SCO Un 1 ASS 1951; infra, pp. 3101-3105) also included embargo provisions which became 5 Positive List of Commodities. See Department of Commerce, Office of International Trade, Comprehensive Export Schedule, Appendix A, Sec. 399.1. Can we do this? I believe we can. We and our allies have the capacity to out-produce the Soviet bloc by a staggering margin There is no doubt about that. Our capacity to produce has been set in motion and is rapidly getting to the point where its output will be vast and its effect significant. tou There is also the critical factor of our will. The future belongs to des freedom if free men have the will to make time work on their side. has Ste I believe the American people and their allies do have the will , the will to work together when their freedom is threatened No sud This is the ultimate source of our faith and our confidence. A free society can call upon profound resources among its people in behalf of a righteous cause. 46. UNITED STATES EMBARGO ACTION AGAINST COM- MUNIST CHINA AND NORTH KOREA: Report Submitted by bas the Deputy United States Representative at the United Nations to the Additional Measures Committee of the United Nations of General Assembly, June 15, 1951 (Excerpt) bas tra PART I the The controls applied by the United States on shipments to the Chinese Communists and the North Korean authorities are more comprehensive than those called for by Resolution 500(V) and were placed in effect before that Resolution was passed. Exports from the the United States of arms, ammunition and implements of war (Annex I); and atomic energy materials (Annex II) to North Kores Ad and to Communist China have not been authorized at any time, and exports of a number of other strategic articles were severely restricted and in some instances embargoed for some time prior to June 1950. Since the end of June 1950, the United States Government has per- mitted no shipments to North Korea and applied an embargo on shipments to Communist China not only of arms and munitions but also of atomic energy materials, petroleum products, and other items by of strategic value included in the United States Positive List. by (Annex III.) 5 The scope of the economic measures applied against the Chinese by Communists by the United States was greatly extended when it became unmistakably clear that they were engaged in large-scale shi 1 Department of State Bulletin, July 9, 1951, pp. 54-60 (U.N. doc. A[184 July 12, 1951, pp. 48–52). For introductory comments on the report by Ernest g01 A. Gross, Deputy U.S. Representative to the General Assembly, 1951, p. 54. The Mutual Defense Assistance Control Act of 1951 (Act of Oct. 26, , 2 U.N. General Assembly Res. 500 (V), May 18, 1951; supra, doc. 44. 3 Annexes not printed here, July 9, 1951, pp. 56-58. 12' Fed. Reg. 1855 and Amendment 14 Fed. Reg. 1156 for List A. See 1? Fed. Reg. 7651 for List B. to CON und em Ste ma me 101 mo the Co For annex I, see Department of State Bulletin , 1 2 KOREA 2623 1 Act of Aug. 1, 1946; 60 Stat, 755, ree IDS governments have been licensed since that time. Commodities which appear on the Positive List are placed there after the military operations against United Nations forces in Korea. Since Fin. December 1950, the United States has not exported any materials whatever to Communist China. Vessels and aircraft documented set be or registered under United States laws have not been permitted to touch at any Chinese Communist port or area or to carry any cargo destined directly or indirectly for Communist China. Strict control .to de has been exercised over commodities in transit through the United the States destined for Communist China. All Communist China and North Korea assets within the United States have been blocked and subjected to stringent controls. The United States believes that the United States Positive List contains items which would meet the intent of the General Assembly Resolution of May 18. Not all these items are included within the scope of paragraph 1 (A) of the Resolution. Nevertheless, the M: United States believes that the control of such items furthers the by basic purpose of the Resolution. The scope and detail of the United States Munitions List, the list of atomic energy materials, and the United States Positive List may assist cooperating States in effecting the embargo by providing a basis for that efficient customs administration, control of transit trade , and control over transport of prohibited cargoes which it is purpose of the Resolution to accomplish. It may also contribute he to the working out of such further measures in the field of economic controls as may become appropriate or necessary, The United States will prevent by all means within its jurisdiction the circumvention of controls on shipments applied by other States under the Resolution and cooperate fully with other States and the Additional Measures Committee in carrying out the purposes of this ed 50. PART II er- The following is a summary of the measures taken by the United on States to control its trade with the aggressors. ut The export of arms, ammunition, and implements of war as defined is by Presidential Proclamation 2776, of April 13, 1948, is controlled st by the Secretary of State (Annex 1). The export of atomic energy materials as defined in the Atomic Energy Act of 1946' is controlled $e by the United States Atomic Energy Commission (Annex II). Ship- it ments of such materials to Communist China and North Korea have De not been authorized at any time. In November 1949, this policy was extended to include Hong Kong and Macao, as possible trans- shipment points , and only very limited materials for the use of these -6 , export from the United States to foreign destinations of com- modities in short supply and of strategic materials is controlled through the Positive List administered by the Department of Commerce under the authority of the Export Control Act of 19492 (Annex III). the re Pra om 781 es mnd embargo. 31, The le 12 ol 1. 2 Act of Feb. 26, 1949; 63 Stat. 7. 2624 AMERICAN FOREIGN POLICY, 1950–1955 all Or or cal &C eco 10 í 101 of the Defense Production Act of 1950, issued Transportation po- 1 15 Fed. Reg. 4744, 8562-8563, 9140; for excerpts, see Department of State determination by the United States Government that they possess sufficient strategic value or are in such critical supply as to justify at careful screening of destination and end-use. Such commodities cannot be exported to foreign destinations without validated export 19 licenses. shi From June 1950, shortly after the North Korean aggression against at the Republic of Korea, until December 1950, the United States tio Government was applying an embargo over shipments to Communist be China of arms and munitions, petroleum products, atomic energy tio materials, and all other items on the United States Positive List. Since June 1950, no shipments of any kind have been permitted to go to North Korea, and the subsequent measures outlined below have the been applied to North Korea as well as Communist China. CH As a precaution, in the light of the Chinese Communist intervention iss- in the Korean struggle, the Department of Commerce issued an order, effective December 3, 1950, subjecting all proposed exports from the United States to the mainland of China or to Hong Kong and Macao (as possible transshipment points) to a screening procedure Cb in order to prevent Communist China from obtaining materials, the receipt of which by Communist China would be contrary to the Sta objectives of the United Nations in Korea. The order revoked :] General Licenses for the exportation of any commodity, whether or by not included on the Positive List, to Communist China and to Hong Kong and Macao. OG On December 7, 1950, an additional Department of Commerce order was issued providing authorization for United States officials for to stop shipments loaded under General Licenses if the ships carne into United States ports en route. Since that date, accordingly, the validated export licenses are required for all commodities intended | bla for the destinations noted above if a vessel, whatever its registry, bes inc not obtained clearance from the final port of departure in the United wh States for a foreign port or if, after receiving final clearance, the vessel ch transits the Panama Canal Zone. The order directed that shipments which were not licensed were required to be off-loaded prior to final by clearance or proceeding through the Canal Zone. Under Department Se of Commerce orders effective December 4, and 6, 1950, shipments of all do commodities, whether or not on the Positive List , originating in ga foreign country moving in transit through the United States or using the facilities of a foreign trade zone or manifested to the United States may not be exported to China, Manchuria, Hong Kong or Macao without a validated export license. The foregoing actions were taken under the authority of the Export Control Act of 1949 (See Annet she IV). Ön December 8, 1950, the Department of Commerce, Under com Secretary for Transportation, under the authority granted by Section shi Order T-1 This order directed that no person should transport in any ship documented under the laws of the United States or in any Bulletin, July 9, 1951, pp. 58-59. res pro in or 1 1 Те: 195 ? 3 KOREA 2625 3 Foreign Assets Control Regulations; 15 Fed. Reg. 9040. Sess ties or ave -101 ure individual Chinese and Koreans in the United States and abroad, United States, cargo of any kind to Communist ports or to any other Text of Transportation Order T-1 also in Department of State Bulletin, July 9, 1 Transportation Order T-1; 15 Fed. Reg. 8777. Interpretation, ibid., 9145. ? See Department of State statement of Dec. 16, 1950; supra, doc. 33. aircraft registered under the laws of the United States any commodities at the time on the Positive List, or any article on the Munitions List, any article controlled for export under the Atomic Energy Act of port 1946, to China, Manchuria, Hong Kong or Macao; and no person should discharge from any such ship or aircraft any such commodity nast at these ports or areas, or at any other ports in transit to such destina- tions, without a validated export license, or unless authorization had been obtained from the Under Secretary of Commerce for Transporta- TET tion. The prohibition applied to the ship or aircraft owner, master or any other officer or employee of the owner (Annex V).1 be On December 16, 1950, the Department of State announced that the United States was taking measures to place under control all Chinese Communist assets within United States jurisdiction and was issuing regulations to prohibit ships of United States registry from an calling at Chinese Communist ports until further notice. These orts actions were necessary to accomplish the effective control of the ng economic relationships between the United States and Communist China-North Korea envisaged by the December 3 requirement that the no exports would be permitted to these destinations from the United the States without validated export licenses (Annex VI). The Department of the Treasury accomplished this financial control by action under the Foreign Assets Regulations (pursuant to the first ng War Powers Act of 1941 and the Trading With the Enemy Act of October 6, 1917, as amended) blocking the United States assets of residents of China and North Korea. The blocking regulations als forbade all transactions involving bank accounts and United States assets of the Communist Chinese and the North Korean regimes and ly , their nationals unless Treasury approval was obtained. A series of blanket authorizations were included in the regulations, protecting bed where these persons were not acting on behalf of the North Korean or se Chinese Communist regimes (Annex VII)? nts The Department of Commerce accomplished its shipping controls Lal by the issuance of Transportation Order T-2, under the authority of ent Section 101 of the Defense Production Act of 1950. This order all provided, in substance, that no person should take any ship or aircraft documented or registered under the laws of the United States to any Chinese Communist port or area; that no person should transport , m any ship or aircraft documented or registered under the laws of the places under the control of the Chinese Communists; that no person should take on board any such ship or aircraft any cargo if he knows or has reason to believe that it is destined, directỉy or indirectly, for let Communist China; and that no person shouảd discharge from any such on | skip or aircraft any such cargo so destined at any place other than the port where the cargo was loaded, or within territory under United OT rce The las ng tes 80 en er OD in DY 1951, p. 59. ate 415900-57_Vol. 2-62 2626 AMERICAN FOREIGN POLICY, 1950–1955 States jurisdiction, or in Japan. This order was made applicable to D. the owner, master, or any other officer, employee or agent of the owner of the ship or aircraft. (Annex VIII). 48 47. APPEAL FOR ADDITIONAL GROUND FORCES IN KOREA: Communication From the Unified Command to the Secretary. General of the United Nations, June 21, 1951 2 ence mu COL ISSI an reg The acting representative of the United States to the United Nations presents his compliments to the Secretary-General of the of United Nations and has the honor to address a communication on KO behalf of the United States, acting in its capacity as the Unified UI Command, concerning the need for additional ground troops from Member Governments of the United Nations for the collective for effort in Korea. ob The Unified Command has conducted and is now conducting extensive bilateral conversations in connection with this problem m with various Member States and, in particular, is conducting coll- ho versations with States which have already contributed armed forces . In order to further efforts of the Unified Command in this respect, illo the Secretary-General is requested to send communications on behal of the Unified Command to Member Governments which previously gave a favorable reply either to the Security Council's resolution the of June 25, 1950,3 or to its resolution of June 27, 1950,4 but which have not yet contributed armed forces for the collective effort in Korea, advising the aforementioned Members of the need for further AG ground assistance in Korea. There is a real need for additional of forces from Member States in the light of massive Chinese Com- munist concentrations in the area and of their continuing aggression . in The Unified Command therefore requests the Secretary-General in foli his communication to appeal to Member Governments which have given their support to the Security Council resolutions but have not made contributions of armed forces that they give immediate con ; sideration to making an initial contribution of ground forces of substantial character, consonant with their respective capabilities and other responsibilities. Further, it is requested that Member Governments be asked to notify the Secretary-General of offers in general terms, detailed arrangements to be made by the respective Member Governments and the Unified Command. SIO Text also in Department of 1 1 Transportation Order T-2; 15 Fed. Reg. 9063. State Bulletin, July 9, 1951, p. 60. 2 Department of State Bulletin, July 9, 1951, p. 53. 3 Supra, pp. 2538-2539. 4 Supra, pp. 2540–2541. 2 Ne to 3 (DE Ger KOREA 2627 (Department of State publication 3938; 1950), pp. 84-161. Cited hereafter as A 1 Om em 1 U.N. doc. S/3079, Aug. 7, 1953, pp. 8-18. Negotiations for a Korean Armistice, June 28, 1951, and Proposed Initial Meeting 3 See Geneva Conventions of August 12, 1949, for the Protection of War Victims to D. NEGOTIATIONS FOR AN ARMISTICE AGREE- the MENT, JUNE 1951-JULY 1953 48. SUMMARY OF THE ARMISTICE NEGOTIATIONS, JUNE BA: 1951-JULY 1953: Special Report of the United Nations Command to the Secretary-General of the United Nations, August 7, 1953 A. In general ted The history of the continuing efforts of the Unified Command and the of the United Nations at all times to bring an end to the fighting in Korea on an honourable basis is set forth in various documents of the fed United Nations. The Unified Command took numerous steps to this end on its own initiative and co-operated fully with proposals of others 1P for bringing about peace on a basis consistent with United Nations objectives in Korea. ing In July [June] 1951, it appeared from statements made by Com- munist spokesmen ? that the aggressor forces were willing to cease 01 hostilities. However, the hopes of the Unified Command for quickly Ses concluding an agreement that would stop the fighting soon proved illusory. Time after time the Communists stalled, injected extraneous half issues, endeavoured to use the negotiations for propaganda purposes, sky and otherwise indicated a lack of good faith. Despite these obstacles the United Nations negotiators consistently evinced a willingness to The United Nations Command was determined that the Armistice her Agreement must contribute to the achievement of the basic purposes nal of the United Nations military action in Korea-to repel the aggres- m- slon against the Republic of Korea and to restore peace and security in the area. The United Nations Command therefore insisted on the following requirements: (1) A line of demarcation based upon military realities and affording defensible positions for the opposing forces, consistent with the United Nations objective of repelling aggression; (2) Other provisions offering maximum reasonable assurance against a renewal of the aggression; to (3) Appropriate arrangements for an exchange of prisoners of war on a basis that would ensure the return of United Nations Com- mand prisoners of war and the disposition of prisoners safe- guarding the right of asylum, consistent with international law, the Geneva Convention and humanitarian principles. ICTA 200 Ich reach agreement. in OD. 11 ve lot ll- of les के 8 its of Geneva Conventions. 2628 AMERICAN FOREIGN POLICY, 1950–1955 nu hil an 8 in for ph CUS ret hoi ned rer ani lan See statement by the Secretary of State, July 19, 1951; Department of State So long as the Communists refused to agree to an armistice on this basis, the United Nations Command was compelled to insist on the continuation of the fighting in accordance with the resolutions of the Security Council and the General Assembly, so as to compel the enemy to accept an honourable end to the fighting. B. Early obstacles to agreement (1) The agenda and the conference site At the very beginning of negotiations the Communists raised issues calculated to delay them. They sought adoption of an agenda that would prejudice in their favour the substance of the items to be dis- cussed. The Communists sought, for example, to obtain agreement on language in the agenda recognizing the 38th parallel as the line of demarcation for the cease-fire. The Communists also proposed an thi agenda item on the withdrawal of foreign forces from Korea. The United Nations Command insisted on an objective agenda, and one "pp was finally adopted. The question of the withdrawal of foreign troops was rejected as beyond the scope of military negotiations? fiel Delay was also occasioned by Communist violations of the neutrality of the conference area and failure to provide equal treatment to both Co delegations as originally promised. fabricated charges by the Com- munists that the United Nations Command had violated the neutrality Un of the conference area led to suspension of the talks for two months from August to October 1951.3 be (2) Arrangements for implementing the armistice The armistice, of course, had to contain provisions for putting an pri end to the fighting. The United Nations Command delegation also del sought arrangements which would make renewal of the hostilities less Th likely. The negotiations on these matters were extended and pains- taking. The United Nations Command delegation wanted the broad- est possible access to all parts of Korea for a supervisory body to fift ensure against violations of the armistice. It was quite willing to have such inspection behind its own lines. The Communists, however, for some time resisted all proposals for inspection and finally agreed to it only on a limited scale. At one point, the United Nations Compell mand proposed inspection of the implementation of the armistice by joint teams to operate throughout Korea. Following Communist rejection of this proposal, agreement was reached on arrangements for inspection by observers drawn from countries not participating in the Korean action and acceptable to both sides. But the Com munists further delayed the negotiations by nominating the Soviet Union as a “neutral", this was of course unacceptable to the United 7,1 Nations Command.4 The United Nations Command proposed a ban, applicable to bolo sides, on the construction of new military airfields and a ceiling on the Ger 1 See Agreed Agenda for Armistice Negotiations, July 26, 1951; infra, doe ale Bulletin, July 30, 1951, p. 188. * See statement by the commander-in-Chief , U.N. Command, of August 2 1951; ibid., Sept. 3, 1951, pp. 390–391. 4 See Progress of Armistice Negotiations, June 13, 1951; infra, doc. 58. acc to eve Ass ant On Wh CODE hur reso 1 2 3 Con pp. 5 2 Con of $ KOREA 2629 of State Bulletin, Apr. 27, 1953, p. 608. es at 1 15. nt 290 ne 2 humanitarian principles and the principles of the General Assembly Command to the Security Council (Department of State Bulletin, Aug. 18, 1952, General Ridgway (ibid., May 19, 1952, pp. 786–788). + Res. 610 (VII); infra, doc, 62. See letter of Apr. 17, 1953, from Lt. Gen. W. K. Harrison, senior U.N. Command delegate, to General Nam Il, senior Communist delegate; Department number of civilian airfields that could be rehabilitated. Such a pro- Dis he hibition would have made resumption of the aggression more difficult and less likely. The Communists adamantly refused to agree to such he he a limitation. (3) Prisoners of war The issue that, in appearance at least, contributed most to the delay in achieving an armistice involved the repatriation of prisoners of war. From the outset the United Nations Command made it clear that, while it was prepared to repatriate all the prisoners of war in its custody, it would not agree to use force against prisoners resisting return to the Communists. The Communists stubbornly insisted, however, that all prisoners of war must be returned, by force if of necessary . In an extraordinary effort to break the long continuing deadlock on he this issue the United Nations Command, on 28 April 1952, offered a “package proposal” ? providing that (a) there shall not be forced repatriation of prisoners of war; (b) that the United Nations Command will not insist on prohibiting reconstruction and rehabilitation of air- felds; and (c) the United Nations Command agrees to accept Poland and Czechoslovakia as members of the Neutral Nations Supervisory Commission if the Communists agree to accept Sweden and Switzer- IT land (thus withdrawing their demand for the inclusion of the Soviet chs The United Nations Command made it clear that this proposal must be accepted as a unit. The Communists, however, purported to accept the second and third points only, remaining adamant on As a result of their rejection, the armistice was delayed and the fighting continued for fifteen 'additional months. They persisted in this inhumane attitude for many months, contrary de to international law and in the face of preponderant world opinion, to even after the principle of non-forcible repatriation was approved by fifty-four Members of the United Nations who supported the General Assembly resolution of 3 December 1952.4 Communist intransigence, ed and Communist failure to bargain in good faith on this issue, com- pelled the United Nations Command to recess the plenary negotiations on 8 October 1952. They were not resumed until 26 April 1953, when the Communists finally indicated that they were prepared to consider a solution for the prisoner of war question consistent with See Exchanges of Prisoners of War, Jan. 2, 1952; infra, doc. 55. See Support for U.N. Three-Point Proposal in Armistice Negotiations, May mi Union). al ISO prisoners of war. SS IS- to I, 1- OF 5 ist its ng resolution. 11- et ed 7, 1952; infra, doc. 57. th be il. fe 13 2630 AMERICAN FOREIGN POLICY, 1950–1955 2. Both sides will withdraw their forces from the Demilitarized C. The agreements finally reached All the agreements between the United Nations Command Delega- tion and the Communist Delegation are set forth in the attached Armistice Agreement and the Prisoner of War Agreement with the Supplementary Agreement of 27 July attached to it. In some cases, as the record of the negotiations indicates, the United Nations Command recorded its understanding as to the meaning of phrases in the Armistice Agreement that might otherwise be ambiguous . (1) The Military Demarcation Line The Communists delayed negotiations for some time by insisting that the demarcation line between both sides should be the 38th parallel. Finally, however, they recognized the merit of the United Nations Command position that the line should be determined strictly on military grounds and should correspond to the actual line of contact between the opposing forces. The objective of the United Nations Command in insisting on such a line was to provide maximum defensive safeguards against a possible renewal of the aggression. The line of demarcation was first marked out on 27 November 1951, on the basis of the line of contact as of that time. It was then agreed that this should be the final demarcation line, provided an armistice was achieved within thirty days; otherwise the line should be redrawn on the basis of the line of contact at the time of the armistice. In fact, tentative agreement was reached on 8 new line in June 1953, when it seemed that an armistice could be signed within a very few days, but the Communists insisted that it be redrawn again to take account of the results of the offensive they launched on 13-14 July 1953. The Demarcation Line 78 finally agreed on the basis indicated in the map attached to the Armistice Agreement. The Demilitarized Zone was established in accordance with the agreement, each side withdrawing its forces two kilometres north and south of the Demarcation Line respectively. (2) Arrangements for implementing the armistice With the exception of the continuing disagreement on the rehabil- tation of airfields, the arrangements for implementing the armistice were virtually completed by March 1952. The United Nations Com- mand finally gave up its insistence on the limitation of airfields when it signed the armistice. The agreements on this subject may summarized as follows: 1. There will be a cease-fire within twelve hours of the signing of an armistice. Zone within seventy-two hours after the signing of an'armistice 3. All military forces will be withdrawn from rear areas and the coastal islands and waters of Korea within five days after the signing of an armistice. 1 Agreement of July 27, 1953; supra, pp. 724–750. Not attached here. : See Agreement on Military Demarcation Line, Nov. 23, 1951; infra, doc . a * See Principles for Carrying Out Armistice, Nov. 27, 1951; infra, doc. 54. 5 Supra, p. 725. be 1 poli pre the 1 Nati 1958 KOREA 2631 Nations Repatriation Commission, see Department of State Bulletin, June 22, 842 ons Ses um V&S ded me Concerning subsequent appointment of the representatives to the Neutral 4. Both sides shall cease the introduction into Korea of reinforc- ing military personnel. However, the rotation of 35,000 mili- hed tary personnel a month shall be permitted. Rotated personnel with shall enter Korea only through designated ports of entry, ume under the supervision and inspection of the teams of the Neutral Nations Supervisory Commission. 5. Both sides shall cease the introduction into Korea of rein- forcing combat aircraft, armoured vehicles, weapons and ammunition. However, the replacement of destroyed, dam- cing aged, worn-out or used up equipment on the basis of piece- Sth for-piece of the same effectiveness and the same type is per- ted mitted. Such replacement shall take place only through atly designated ports of entry, under the supervision and inspection of teams of the Neutral Nations Supervisory Commission. ted 6. A Military Armistice Commission, with headquarters at Panmunjom composed of military officers of the United Nations Command and the Communist forces and aided by ber Joint Observer Teams will: (a) Supervise the implementation of the Armistice Agreement; (b) Deal with alleged armistice violations and settle through negotiations any such violations; (c) Report all violations of the Armistice Agreement to the Commanders of the opposing sides. 7. A Neutral Nations Supervisory Commission, with headquar- ters in proximity to those of the Military Armistice Commis- sion, composed of four senior officers, two of whom shall be appointed by neutral nations nominated by the United Nations Command and two of whom shall be appointed by neutral nations nominated jointly by the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's Volunteers 1 will supervise, observe, inspect, and investigate adherence to the terms of the armistice agreement relative to the introduction into Korea of reinforcing military personnel and equipment. At the request of the Military Armistice Commission or senior member of either side, it can conduct special observation and inspection at places outside the demilitarized zone where violations have been reported. ing Twenty inspection teams, ten of which will be located at the designated ports of entry, five in North Korea and five in South Korea, with ten mobile teams in reserve, will assist the (3) The political conference following an armistice In order to counter the constant efforts of the Communists to inject political questions into the Korean armistice negotiations, and to prevent such extraneous issues from delaying armistice negotiations, the United Nations Command agreed to dispose of political questions me be 247 Fas the in ces Ir . ili ice m. ell be ed Commission. Ce. he he 53 . 1953, p. 868. 2632 AMERICAN FOREIGN POLICY, 1950–1955 8nO to tar WO posed by India and discussed in the hope of gaining Communist 2 See Suspension of the Korean Armistice Negotiations, Oct. 8, 1952; infra, by recommending their consideration at a political conference follor far ing an armistice. The United Nations Command Delegation accepted ad a revised Communist proposal now contained in article 60 of the sho Armistice Agreement, which provides: bel “In order to insure the peaceful settlement of the Korean ques the tion, the military Commanders of both sides hereby recommend for to the governments of the countries concerned on both sides that 1 within three (3) months after the Armistice Agreement is signed pos and becomes effective, a political conference of a higher level of off both sides be held by representatives appointed respectively to le settle through negotiation the questions of the withdrawal of all foreign forces from Korea, the peaceful settlement of the Korean question, etc." (4) Prisoners of war Na Co The background of this question, and the position of the United Nations Command was outlined in the Special Unified Command sti of report of 18 October 1952 (A/2228). As indicated at that time, the only issue preventing agreement was Communist insistence that all to the prisoners of war must be repatriated, even if the use of force should be necessary to effect their return, and United Nations Command pro diu refusal to use force against such' unwilling prisoners. When the It Communists insisted that there were in fact no prisoners who refused to be repatriated, but that the United Nations Command was de- taining them against their will, the United Nations Command made the numerous proposals for impartial determination of the true attitudes ste of the prisoners of war. The Communists refused to submit this wh question to the test and thus further delaved achievement of an th armistice. s On 8 October 1952, the United Nations Command Delegation to qu cessed the negotiations. In doing so, it made clear that the numerous proposals which it had made for an honourable solution of the prisoner question remained open. Whenever the Communists were prepared to negotiate in good faith, to accept any one of the United Nations Go Command proposals , or to make a constructive proposal of their own do on the prisoner issue, the United Nations Command Delegation would be prepared to meet again. At this juncture the Korean question came before the General Assembly, and the United States Government, as the Unified Com mand, reported on the state of the negotiations. It urged the As sembly to approve the principle of nonforcible repatriation and to call upon the Communists to accept an armistice on this basis. . definite plan for the solution of the prisoner-of-war question was prie approval , and on 3 December 1952, by a majority of 54 votes 1 1 Released also as U.S. delegation press release No. 1554, Oct. 18, 1962 , exc pro We r me 40 rea 20 Ap 1 2 3 Qu inft 195 doc. 61. KOREA 2633 Par, Feb. 22, 1953; infra, doc. 63. Question of Repatriating Prisoners of War, Apr. 5, 1953; infra, doc. 64. infra, doc. 65. See also the 67th Report of the U.N. Command (S/3084), Aug. 21, 1953; also found in Department of State Bulletin, Oct. 28, 1953, pp. 423-425. ues- to 021 Por favour, with only the Soviet bloc in opposition, the General Assembly oted adopted resolution 610 (VIT). This resolution specified that force the should not be used against prisoners to prevent or effect their return, and it set forth a detailed series of proposals which the Assembly believed would form a just and reasonable basis for an agreement on the prisoner issue. The Communists rejected this plan, and hopes end for an armistice in the foreseeable future appeared dim. hat, Nevertheless, the Unified Command continued to examine every ned possibility for solving the prisoner question. Seizing the opportunity I of offered by a resolution adopted by the Executive Committee of the League of Red Cross Societies on 13 December 1952, which appealed to the parties, as a gesture of good will, to implement the humani- tarian principles of the Geneva Convention by repatriating sick and wounded prisoners of war, the Commander-in-Chief of the United Nations Command, on 22 February 1953, addressed a letter to the ited Communist commanders stating that the United Nations Command and still remained ready to implement, immediately, the repatriation the of the sick and wounded, and asking if the Communists were prepared all to proceed with the repatriation of sick and wounded prisoners in -uld their custody. The United Nations Command had made this same end proposal to the Communists on a number of previous occasions the during the armistice negotiations, but they had failed to respond. sed It was hoped that the Communists would at last agree to such an de exchange , that it would bring about the return of at least some of ade the United Nations Command prisoners of war, and that this first des step might pave the way for the solution of the prisoner issue as a Chis trhole . The hopes of the United Nations Command in this regard proved not unwarranted. On 28 March the Communists agreed to the principle of the exchange of sick and wounded, which they stated "should be made to lead to the smooth settlement of the entire Des question of prisoners of war", and arrangements for the exchange were initiated through the respective liaison officers on 6 April. The Communist acceptance was followed on 30 March by a state- ment by Chou En-lai, Foreign Minister of the Communist People's Government of the People's Republic of China, subsequently en- 101 dorsed by the Prime Minister of the North Korean regime, indicating a desire to resume negotiations on the entire prisoner question and a al readiness to take a more constructive and humane attitude on the question of forcible repatriation. ds Sick and wounded prisoners of war were in fact exchanged between 20 April and 3 May 1953 pursuant to an agreement reached on 11 April 1953.5 Te- 3 ner red ONS 152 11- to TO ist 1 Infra doc. 62. See U.N. Proposal for the Exchange of Sick and Wounded Prisoners of 10 3 4 Ibid. ta ese Repatriation of Sick and Injured Captured Personnel, Apr. 11, 1953; 2634 AMERICAN FOREIGN POLICY, 1950–1955 m lo rem ma im ab Pri ret wa 3 On On 8 June, the Senior Delegates for the United Nations Command Negotiations by the plenary armistice delegations on the prisoner- of-war question as a whole resumed on 26 April. At the outset , the Communists submitted a proposal for sending all prisoners not di rectly repatriated to an agreed neutral State where for six months th after their arrival representatives of the States to which they be W longed would "explain" to them matters related to their return; i Cc after this period any non-repatriates remained, their disposition would be referred to the political conference. Discussion subsequently R centered upon the questions of what neutral State should be nomi- nated, of whether non-repatriates should be removed from Korea , and how long the non-repatriates would remain in neutral custody. On 7 May, the Communists put forward a new proposal pro- viding for establishment of a Neutral Nations Repatriation Com- mission to be composed of the four States already nominated for membership on the Neutral Nations Supervisory Commission , , namely, Czechoslovakia, Poland, Sweden and Switzerland, and Indie as agreed upon by both sides. This Commission was to take custody w of the prisoners in Korea. The United Nations Command on 13 the May presented a counter-proposal shortening the period of time in which the non-repatriates would remain in neutral custody, pro- It viding for release of Korean non-repatriates immediately after the the armistice, and proposing that only Indian forces take actual custody po of the non-repatriates. The Communists rejected this proposal On 25 May, the United Nations Command, in another effort to obtain Communist agreement on an equitable solution of the prisoner Ko issue, submitted a new proposal 4 providing for the transfer of both lor Korean and Chinese non-repatriates to neutral custody and for consideration of the disposition of any remaining non-repatriates Ag by the political conference for a limited period, after which they might either be released to civilian status or the question of their disposition referred to the General Assembly. On 4 June, the Com munists offered a counter-proposal in effect based upon the mechanics sti of General Assembly resolution 610 (VII), also closely parallelling abi the the United Nations Command 25 May proposal , but vague.com Th basic principle of non-forcible repatriation. The United Nations the Command succeeded in reaching agreement with the Communists on elaboration of the Neutral Nations Repatriation Commission's terms of reference to insure that there could be no abuse and that the principle approved by the General Assembly that force should not be used to compel or to prevent repatriation of any prisoner of war would be fully observed. is[attached to and incorporated by reference in the Armistice Agreso 081 WO sti ant ani 1 2 8 infi of to 1 195 $ 8 of ) p. I Rhe 1 See Department of State Bulletin, May 11, 1953, pp. 687-688. 2 Ibid., May 18, 1953, p. 727. 3 Ibid., May 25, 1953, pp. 755-757. * See 70th Report of the U.N. Command, Sept. 14, 1953 (S/3096). Obi Coi Jun KOREA 2635 June 19, 1953; Department of State Bulletin, June 29, 1953, pp. 906-907. mi- TO- m- me TO- 1 Agreement of July 27, 1953; supra, pp. 724–750. * See Escape of North Korean Non-Repatriate Prisoners of War, June 18, 1953; s See Escape of Prisoners of War, June 29, 1953; infra, doc. 68. Rhee-Robertson discussions (ibid., July 13, 1953, pp. 45-46). See also Common Objectives with Respect to Korea, July 11, 1953; infra, doc. 82. Communist Forces in Korea to the Commander-in-Chief, U.N. Command, ler- ment. The delegations then proceeded to the final arrangements the looking toward an early signature of the armistice. di As a result of discussions with the Republic of Korea, described in ths the succeeding section, a Supplementary Agreement on Prisoners of be- War was signed on 27 July 1953, which permits the United Nations if Command (and the Communists if applicable), to transport the non- on repatriates to the Demilitarized Zone where the Neutral Nations thy Repatriation Commission will take custody of them. D. The attitude of the Republic of Korea ', On 18 June an incident occurred which further delayed the achieve- 08 ment of an armistice at a time when the conclusion of hostilities seemed imminent. On that date, officials of the Republic of Korea brought about a break-out from prisoner-of-war camps of some 27,000 Korean for prisoners of war who had previously indicated they would resist repatriation to North Korea. This action by the Republic of Korea dia was inconsistent with the 8 June Agreement on Prisoners of War ody which the United Nations Command had entered into on behalf of all 13 the forces under its command. The United Nations Command at once protested the action of the Republic of Korea Government. It immediately informed the Communists of the event and told them the that, while efforts would be made to recover as many of the escapees as possible, there was not much hope that many of these could be re- captured since they had melted into the South Korean population. This incident led to immediate discussions with the Republic of Korea by representatives of the Unified Command. oth longed conversations, the Republic of Korea gave assurances that it for would not obstruct the implementation of the terms of the Armistice ley The incident, however, gave the Communists an excuse for delaying still further the conclusion of the armistice. They demanded assur- ances that the United Nations Command would live up to the Armi- ies stice Agreement, that the Republic of Korea and its forces would also habide by it, and that the released prisoners would be recaptured.? The United Nations Command reply to the Communists stressed that the armistice was a military agreement between military commanders and that it was being entered into by the United Nations Command, n's ld of nd See Escape of Prisoners of War, June 20, 1953; infra, doc. 67. See also message to the President of the Republic of Korea; Department of State Bulletin, July 6, of June 22 , on his departure for Korea (Department of State Bulletin, July 6, 1953, Bir 4) and statement by the Secretary of State of June 30 on the status of the to 101 6 After pro- tes Agreement. ell mi. che -HIS sts 1986 ? . infra, doc. 66. ch el 1953, pp. 14-15. 1 2636 AMERICAN FOREIGN POLICY, 1950–1955 te no ot ] gu tives would discuss questions of assurances against the resumption as Commander of all the forces under its command, including those of it the Republic of Korea. The United Nations Command Delegation also told the Communists that so far as recovering the released pris- oners of war, as they had already been informed, this would be im- possible; they were assured, however, that the remaining non- M repatriate prisoners would be turned over to the Neutral Ñations Repatriation Commission, as provided by the agreement on prisoners T of war. The Communists were assured that the United Nations Command forces (including those of the Republic of Korea) would c observe the armistice. The United Nations Command informed the Communists, however, that it would not undertake to use force against the Republic of Korea forces to ensure compliance with the armistice 51 by the Republic of Korea, Despite these comprehensive assurances by the United Nations Command, the Communists continued to delay negotiations and in the meanwhile launched the biggest offensive in more than two years , an offensive which obviously took much planning and preparation and caused heavy casualties. Finally, however, on 19 July, the Com- be munists stated their readiness to proceed with the final work on the Armistice Agreement leading to its signature. for The armistice was finally signed on 27 July 1953, at 10 a. m. Korean time. 49. INITIAL EXCHANGES BETWEEN SOVIET AND UNITED STATES REPRESENTATIVES AT THE UNITED NATIONS CONCERNING NEGOTIATION OF AN ARMISTICE: Statement by the Department of State, June 28, 1951 2 51 The United States has sought in New York and in Moscow ? clarification on certain aspects of the statement made by Jacob A: Malik, the Soviet representative at the United Nations, on June 23 Deputy Foreign Minister Gromyko received the United States Ambassador in Moscow on June 27. In discussing Mr. Malik's statement, Mr. Gromyko indicated that it would be for the military representatives of the Unified Command and of the Korean Republic Command, on the one hand, and the military representatives of the North Korean Command and of the "Chinese volunteer units , on the other, to negotiate the armistice envisaged in Mr. Maliks statement. The armistice, Mr. Gromyko pointed out, would include a cease-fire and would be limited to strictly military questions without involving any political or territorial matters; the military representa- . Beyond the conclusion of an armistice, the Soviet Government had no specific steps in mind looking toward the peaceful settlement is which Mr. Málik referred. Mr. Gromyko indicated, however, See Escape of Prisoners of War, June 29, 1953; infra, doc. 68. 2 Department of State Bulletin, July 9, 1951, p. 45. 3 Text in New York Times, June 24, 1951. pre at COL IM the est ho 1 ari tio CEE 1 2 3 leti KOREA 2637 4 Ibid., Aug. 26, 1951, pp. 231-232. ON S- 1- I. 18 I'S OS Id he st ce NS AL IS 21 11- he I 4. Arrangements relating to prisoners of war. ? Marshal Kim Il Sung and General Peng Teh-huai. 3 Department of State Bulletin, July 9, 1951, p. 43. Brackets inserted in Bul- of it would be up to the parties in Korea to decide what subsequent special arrangements would have to be made for a political and territorial settlement. He said that the Soviet Government was not aware of the views of the Chinese Communist regime on Mr. Malik's statement. The implications of Mr. Gromyko's observations are being studied. The Department of State is consulting with the representatives of other countries having armed forces in Korea under the Unified Command. 50. PROPOSED INITIAL MEETING TO DISCUSS AN AR- MISTICE: Message From the Commander-in-Chief, United Na- tions Command, to the Commanders-in-Chief of the Chinese Com- munist and North Korean Forces, June 30, 1951 3 As Commander in Chief of the United Nations Command I have been instructed to communicate to you the following: am informed that you may wish a meeting to discuss an armistice providing for the cessation of hostilities and all acts of armed force in Korea, with adequate guarantees for the inaintenance of such armistice. Upon the receipt of word from you that such a meeting is desired I shall be prepared to name my representative. I would also at that time suggest a date at which he could meet with your representative. I propose that such a meeting ED could take place aboard a Danish hospital ship (Jutlandia) in Wonsan harbor. S int 51. AGREED AGENDA FOR ARMISTICE NEGOTIATIONS: 8 Announcement by the Commander-in-Chief, United Nations Com- A mand, July 26, 1951 4 3. This afternoon the delegations representing the belligerent forces I'S in Korea in the conference at Kaesong agreed upon an agenda for TY the regulation of the military armistice conference. lic This agenda is as follows: he 1. Adoption of agenda. 2. Fixing a military demarcation line between both sides so as to establish a demilitarized zone as a basic condition for a cessation of 3. Concrete arrangements for the realization of a cease-fire and an tions of a supervising organization for carrying out the terms of a ad to 21.01 - de ut hostilities in Korea. & OD Cease-fire and armistice. at 1 Gen. M. B. Ridgway. letin account. 2638 AMERICAN FOREIGN POLICY, 1950–1955 M9 9. vei an- va WE 4 See Initial Exchanges Between Soviet and U.S. Representatives Concerning 5. Recommendations to the governments of the countries concerned sti on both sides. te: Having agreed upon an agenda, the way now is clear for the dele- gations to enter the area of really substantive discussion of the terms of a military armistice. Major problems remain to be solved in these lin discussions. It is much too early to predict either the success or the rate of progress to be obtained. Preliminary discussion began in- th mediately after the agreement on the agenda in order that the poten- tial for halting bloodshed in Korea may be realized as soon as possible . It must be fully realized that mutual acceptance of an agenda is merely the initial step for the final goal of a military armistice and fly resultant cease-fire, which must be achieved under conditions giving every reasonable assurance against the resumption of hostilities. There are numerous basic points within the framework of the the agenda on which agreement must be reached and on which there is to presently wide diversion of views. the po per 52. REQUEST FOR COOPERATION OF THE SOVIET UNION IN NEGOTIATING A KOREAN ARMISTICE: Statement Read by the American Ambassador at Moscow 1 to the Soviet Minister the for Foreign Affairs, October 5, 1951 3 by I have been instructed before leaving Moscow for an extended period to take advantage of the opportunity to discuss certain met- of ters now causing international tension and standing in the way of improved relations between our two countries. At the present time the most explosive outstanding issue is Korea and the armistice talks are the most immediate aspect of that prob- lem. The cessation of fighting in Korea on a mutually acceptable of 1 basis would serve to reduce tensions and contribute to an atmosphere be in which further constructive steps might be taken toward the solution of other pressing international problems. The developments between the United Nations Command and the North Korean and Chinese Communist negotiators are incompre hensible to the United States Government. The North Korean and Chinese Communist proposals in regard to an armistice line are in aff consistent with the current military situation and with statements which Acting Foreign Minister Gromyko made to me upon the oc casion of my call on him on June 27 of this year to clarify the earlier public statement by Mr. Malik in New York on June 25. In this ento interview Mr. Gromyko explained that the Soviet Government en visaged a meeting of the opposing commands to conclude a militar armistice which would include a cease fire and which would be limited In 1 Alan G. Kirk, 2 Andrei Y. Vyshinsky. 3 Department of State Bulletin, Oct. 29, 1951, pp. 687-688. Negotiations for an Armistice, June 28, 1951; supra, doc. 49. dre fac of dis reci arn Thi its the con site enc not hay SUIT pur tior acci KOREA 2639 access and to obviate the possibility of charges and countercharges cms Lese en- SIS os IS have free access should eliminate the possibility of incidents and in- proposing to discuss the change of site from Kaesong, the sole purpose of the United Nations Command has been to obtain a resump- tion of the talks in a truly neutral area with equality of rights and ned strictly to military questions and would not involve any political or territorial matters. The United Nations Command was surprised and disappointed to ele discover that the opposing negotiators kept insisting upon an armistice line not strictly military in character which introduced complicated political and territorial issues contrary to the understanding on which the the United Nations Command had entered the negotiations and which im- does not conform to the military requirements for a satisfactory armistice line. To take important political steps in military con- ole . versations between the United Nations Commander on the one side nd and commanders on the other, who profess to represent Chinese "volunteers” and a North Korean regime which enjoys no interna- ing tional status, cannot be accepted. The United Nations Commander the was authorized to participate in such military talks with the thought that this would provide the Soviet Government with an opportunity to assist in bringing about an armistice. This does not mean that the United States Government is prepared to dispose of important political matters in talks with such irregular Communist military personnel. Political issues of a Korean settlement must be dealt ON with subsequent to an armistice by the United Nations and by the ead governments concerned on a responsible basis. ster In the opinion of the United States Government the attitude of the Communist bloc toward the restoration of peace will be tested by whether the North Korean and Chinese Communist negotiators ded are prepared to reach an armistice settlement based on purely military et- factors ; upon a reasonable line affording safety to the armed forces of both sides; and upon adequate arrangements for the inspection of compliance with the armistice terms; and for the satisfactory disposition of prisoners of war. ed, The Soviet Government must surely recognize that, as a simple statement of fact, the breakdown of ble armistice talks in Korea would add greatly to the explosive character of the situation and might stimulate a course of events which would be undesirable from the point of view of both our governments. The United States Government for its part has clearly shown by its declarations and by its actions that it desires an end to the conflict in Korea and to prevent its spreading to other areas, purposes which ud the Soviet Government has publicly stated it shares. With regard to the current status of the armistice talks, I wish to Its affirm that the United Nations Command is sincerely desirous of concluding an armistice. However, past experience with the Kaesong site fully illustrates the fact that this place does not afford adequate protection guaranteeing the security of the negotiations. The insist- face of the United Nations Command upon another site which will IT not be under the control of either side and to which both sides will sure that the talks can be resumed with good prospect of success. of ere OD be re- 11- DC jel 181 }{lº ng 2640 AMERICAN FOREIGN POLICY, 1950–1955 1 For the text of the reply of Oct. 15, 1951, by the Soviet Minister for Foreign Affairs counter-charging obstruction of an armistice by the Commander-in-Chief U.N. Command, see Department of State Bulletin, Oct. 29, 1951, pp. 688–691 W WI SEE eV concerning incidents which have plagued the talks to this date. I 5 the eyes of the United Nations Command there is no reason why agreement on another site truly neutral cannot be quickly agreed upon by both sides and the talks resumed. Of all the problems and causes of tensions in the postwar world the Korean problem presents the clearest immediate issue. The invasion of South Korea on June 25, 1950 was an act of naked aggression-bo a fact understood throughout the world. The very fact that the al North Korean Army almost succeeded in reaching Pusan in the early th stages of the war demonstrates clearly upon whose responsibility the aggression lay. However, I have no desire now to enter into a fruit- m less discussion concerning what has been done; what I do wish to impress upon you is the seriousness of the present impasse in the tic Korean armistice talks. It is hoped that the Soviet Government wi act to the end that the North Korean and Chinese Communist nego de tiators will conclude a realistic armistice agreement which would afford safety for both sides and which does not become involved with political and territorial issues with which the governments of the de United Nations must deal. lir I assume that the Soviet Government is receiving full and objective reports concerning developments outside the Soviet Union and the sic attitude of the United States and other states confronted by Soviet policies which have proved uncompromising and not contributory to the solution of mutual problems. The Soviet Government does not sig need to be told that other nations are determined to defend their own way of life and independence. The measures now being taken by to the United States and other governments to increase their security sig are for defense and defense alone. On specific instructions of my de government I wish to assure the Soviet Government that the United ch States has no aggressive designs on the U.S.S.R. or on anyone and bo it is our hope that there may soon be restored to the nations of the world a sense of confidence and security which should be conducive wto the settlement of outstanding issues embittering international relax th tions. Nothing could contribute more to this as an immediate firs step than the successful outcome of the Korean armistice talks. Without the achievement of an armistice in Korea, there is lite 54 if any prospect for any real solution of other problems besetting us throughout the world. An armistice in Korea might open up pele spectives for the useful discussion of other measures which may taken to alleviate existing tensions. In conclusion I should like express the hope of the United States Go comment that an armistice de can be achieved and that the Soviet Government will act to that end) A ses ex be 1 ಳ ಸ್ಥ to KOREA 2641 reaching of agreement between U.N. Command and Communist staff officers as 1 Department of State Bulletin, Dec. 24, 1951, p. 1036. Concerning the SION in 53. BASIS FOR ESTABLISHING A MILITARY DEMARCATION why LINE: Agreement Reached Between Representatives of the United reed Nations Command and the Chinese Communist and North Korean Commands, November 23, 1951 1 the 1. The principle is accepted that the actual line of contact between both sides (as determined under either paragraph two or three, as the appropriate) will be made the military demarcation line and that at the time specified in the signed armistice agreement both sides will the withdraw two kilometers from this line so as to establish the de- uit militarized zone for the duration of the military armistice. to 2. In accordance with the above-stated principle, the subdelega- the tions will determine immediately the present line of contact so as to will fix it as the military demarcation line and as the median line of the ego- demilitarized zone. If the military armistice agreement is signed within 30 days after the two delegations approve in the plenary with session this agreement and the specific location of the above military the demarcation line and demilitarized zone, the military demarcation line and demilitarized zone shall not be changed, regardless of what- táre ever changes may occur in the actual line of contact between both the sides Tiet 3. In view of the fact that hostilities will continue until the signing of the armistice agreement, if the military armistice agreement is not not signed within 30 days after the two delegations approve in the plenary session this line and the demilitarized zone as determined in paragraph by two above, the subdelegations shall revise, immediately prior to the rity signing of the military armistice agreement, the above-mentioned demarcation line and the demilitarized zone in accordance with the ited changes which have occurred in the actual line of contact between and both sides so that the revised military demarcation line will coincide the exactly with the line of contact between both sides immediately prior to the signing of the military armistice agreement and will constitute melis | the military demarcation line for the duration of the military armistice first 012 my e to title 125 2 Der be e to tice 54. PRINCIPLES FOR CARRYING OUT AN ARMISTICE: Proposal by the United Nations Command, November 27, 1951 On November 27 the joint subcommittee accepted the staff officers' the location of the battle line. Later the same day the Military Armistice Conference began its first plenary session since October 25 by ratifying the joint subcommittee's recommendation as to the establishment The full conference then proceeded to a discussion of procedures to be decision on ndi ! of a line of demarcation. eign ve 691 . p. 1037. See also infra. * Ibid., p. 1037. 415900-57--Vol. 2-63 2642 AMERICAN FOREIGN POLICY, 1950–1955 1 Department of State Bulletin, Jan, 21, 1952, pp. 105-106. For the text of a Soviet counter-proposal introduced in Committee I of the U.N. General Assembly VE SIC un followed after the signing of an armistice agreement. The U.N. delega- tion presented the following principles: 1. There shall be a cease-fire, effective within 24 hours of the signing of the armistice agreement, and adhered to by all forces of any type under the control of either side. 2. There shall be established a supervisory organization, equally pe and jointly manned by both sides, for carrying out the terms of the bo: armistice agreement. 3. There shall be no increase of military forces, supplies, equipment, and facilities by either side after the signing of the armistice. PC 4. The Military Armistice Commission, in carrying out its super- visory functions, shall have free access to all parts of Korea, for itself and for the joint observation teams responsible to the Armistice be Commission. the 5. There shall be general withdrawal of forces of each side, Air, Ground, and Naval, Regular and Irregular, from the territory con- trolled by the other side. 6. There shall be no armed forces in the Demilitarized Zone except for as specifically and mutually agreed by both sides. toi 7. The Military Commanders shall administer their portion of the Demilitarized Zone in accord with the terms of the military armistice I agreement. of COI SISI noi CIV. SUC fajn the ans 55. EXCHANGE OF PRISONERS OF WAR: Proposal by the United Nations Command, January 2, 1952 1 be des tion CIVI Arn V pro The UNC (United Nations Command) proposal is as follows: 1. POWs [Prisoners of War) who elect repatriation shall be ex. changed on a one-for-one basis until one side has exchanged all such POWs held by it. 2. The side which thereafter holds POWs shall repatriate all those POWs who elect to be repatriated in a one-for-one exchange for foreign civilians interned by the other side, and for civilians and other persons 56 , of the one side who are at the time of the signing of the armistice in the N territory under control of the other side, and who elect to be repatri- ated. POWs thus exchanged shall be paroled to the opposing force such parole to carry with it the condition that the individual shal not again bear arms against the side releasing him. 7 3. All POWs not electing repatriation shai be released from POW D status and shall be paroled, such parole to carry with it the condition in P that the individual will not again bear arms in the Korean conflict 4. All remaining civilians of either side who are at the time of the signing of the armistice, in territory under control of the other side , shall be repatriated if they so elect. A U И lager 11 $ relief 14, 1952, pp. 46–47. KOREA 2643 Desiring to facilitate to the greatest possible extent the negotiations in Panmunjom and the conclusion of an armistice in Korea, and agenda of the present session,5 ' International Committee of the Red Cross. 3 Democratic People's Republic of Korea (North Korea). U.N. General Assembly, Official Records, Sirth Session, Supplement No. 20 relief and rehabilitation of Korea. Item 17 concerned the problem of the independence of Korea; item 27, the Wishing to avoid premature consideration of items 17 and 27 of the er- 5. In order to insure that the choice regarding repatriation is made without duress, delegates of the ICRC · shall be permitted to inter- view all POWs at the points of exchange, and all civilians of either side who are at the time of the signing of the armistice in territory pe under the control of the other side. ly 6. For the purposes of paragraphs 2, 4 and 5, civilians and other persons of either side are defined as those who on 25 June 1950 were he bona-fide residents of either ROK ? or the DPRK.3 at In summary, the UNC proposal provides for the release of all POWs, including soldiers of the other side who may have been in- corporated into the army of the detaining power. Thus, it is con- el sistent with the first principle advanced by your side that all POWS ce be released. As regards repatriation, it permits freedom of choice on the part of the individual, thus insuring that there will be no forced ir, repatriation against the will of an individual. It provides repatriation not for POWs alone but for those other victims of war, the displaced civilians. All those who desire it are permitted to return to their cpt former homes. Finally the proposal provides for a supervisory organ to interview the persons involved to insure that, whatever their choice, dhe such choice will be made freely and without duress. In advocating your proposal of an all-for-all exchange of prisoners of war your side has many times asked the question, "What could be fairer than the release and repatriation of all prisoners of war following the armistice?" Today, in the proposal, the UNC gives you the ced answer to that question. The release of all persons who are or should be classified as prisoners of war, and the repatriation of those who desire to be repatriated, is fairer than the release and forced repatria- Moreover, it is fairer to permit displaced civilians who so desire to return to their former homes, under the ch Armistice Agreement, than to neglect their interests in that agreement. We ask your earnest consideration and early acceptance of this 1- Ice tion of all prisoners of war. X- proposal. }se go INS he Ti- ce 7856. CONVENING OF A SPECIAL SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY UPON CONCLUSION OF AN ARMISTICE AGREEMENT: Resolution 507 (VI) of the United Nations General Assembly, February 5, 1952 4 al ! The General Assembly, W OD he 16, f& oly ale (A/2119), p. 7. 3n. 2644 AMERICAN FOREIGN POLICY, 1950–1955 On + ISS DIO ISSE 18 tio mo in been dealt with individually, tentative agreement has been reached 2 U.N. General Assembly, Official Records, Sixth Session, Supplement No. Command Delegation on Apr. 28, 1952, in an executive session. Following the 4 The proposal was made to the Communists at Panmunjom by the UI/ Communist rejection of the proposal, the executive sessions were terminated and General Ridgway released the substance of the proposal to the press (5 I Decides that: (a) Upon notification by the Unified Command to the Security Council of the conclusion of an armistice in Korea, the Secretary General shall convene a special session of the General Assembly åt the Headquarters of the United Nations to consider the above- mentioned items; or (6) When other developments in Korea make desirable considers tion of the above-mentioned items, the Secretary-General, acting in in accordance with Article 20 of the Charter and with the rules of pro-wo cedure of the General Assembly, shall convene a special session or Un an emergency special session of the General Assembly at the Head- quarters of the United Nations; sla II Requests the Negotiating Committee for Extra-Budgetary Funds et established by General Assembly resolution 571 B (VI) of 7 December m ho 1951 2 to undertake negotiations regarding voluntary contributions to the programme of the United Nations Korean Reconstruction for Agency for the relief and rehabilitation of Korea. tio 57. THREE-POINT PROPOSAL FOR AN ARMISTICE SUB-ing MITTED BY THE UNITED NATIONS COMMAND: Statement by the President, May 7, 1952 3 ch U1 The United States fully approves and supports without qualifica- tion the proposal for reaching an armistice which General Ridgway has offered to the Communist aggressors in Korea. Last July the United Nations forces had repulsed Communis aggression in Korea, had proved to the Communists that aggression cannot pay, and had brought new hope for peace to free men the world. The Soviet Union then indicated that Korean hostilities could be terminated by a military armistice. The United Nation Command in good faith and in a sincere desire to find a basis for peaceful settlement began armistice talks with the Communists in Korea. th In After many trying months of negotiation, in which each issue bus Pr 1 U.N. doc. A/520/Rev. 2, June 5, 1951. ar (A/, 3 Department of State Bulletin, May 19, 1952, pp. 787–788. COL 4 around 9 mi WU CO ar W ibid., pp. 786–787 KOREA 2645 ions on all but three issues. It is now apparent that the three remaining issues cannot be resolved separately. The United Nations Command proposal offers a just and a real opportunity to resolve these three rity issues together and simultaneously. The three-point proposal is: art- y at 1. That there shall not be a forced repatriation of prisoners of OTO war-as the Communists have insisted. To agree to forced repatria- tion would be unthinkable. It would be repugnant to the funda- er&- mental moral and humanitarian principles which underlie our action g in in Korea. To return these prisoners of war in our hands by force pro-would result in misery and bloodshed to the eternal dishonor of the D or United States and of the United Nations. ead- We will not buy an armistice by turning over human beings for slaughter or slavery. The United Nations Command has observed the most extreme care in separating those prisoners who have said they would forcibly oppose inds return to Communist control. We have offered to submit to an aber impartial re-screening--after an armistice-of those persons we would hold in our custody. tion Nothing could be fairer. For the Communists to insist upon the forcible return to them of persons who wish to remain out of their control is an amazing disclosure before the whole world of the opera- 2. That the United Nations Command will not insist on prohibit- UB : | ing reconstruction or rehabilitation of airfields. 3. That the neutral nations supervisory commission should com- prise representatives of four countries; Poland and Czechoslovakia chosen by the Communists, Sweden and Switzerland chosen by the ሰ fica- United Nations Command. The three parts of General Ridgway's proposal are all parts of a whole . They must be considered as an entity-not piecemeal. Our agreement is contingent upon acceptance of the whole proposal. This is our position. The Communists thus far have indicated only & willingness to withdraw their proposal that the U.S.S.R. be a member of the neutral inspection commission. This spurious issue was raised by them late in negotiations and its withdrawal is no real The patience and understanding shown by General Ridgway and hai the United Nations Command negotiators merit the highest praise. In spite of almost overwhelming provocation, they have made real progress in reaching agreement on many substantial terms for an armistice. General Ridgway's proposal offers a sound and sensible way to settle the remaining issues all at once. appeal to those sincerely desiring peace. It will have compelling tion of their system. není WAT mist 3100 und ities ions Dr & concession on their part. hed 2:52 ul the sted Septe 2646 AMERICAN FOREIGN POLICY, 1950–1955 D Te au Те pa WU B. Agreement on the composition of the neutral nation inspection 2 Department of State Bulletin, Apr. 14, 1952, pp. 597-599; ibid., May 5, 1952, 58. PROGRESS OF THE ARMISTICE NEGOTIATIONS: Forty- 59 Second Report of the Commander-in-Chief, United Nations Com mand, to the United Nations Security Council, June 13, 1952 (Excerpt) 1 Substantive progress was made on agenda item 3, concrete arrange- ments, through the persistent efforts of United Nations Commard staff officers. N The subject of ports of entry was finally resolved when the United sti Nations Command reduced its requirement for these complexes from to six to five and the Communists agreed to the following United Nations th Command provisions: pr A. A port of entry shall include the railheads, airheads and seaport facilities associated with and supporting a city, and B. Rotation and replenishment shall be conducted only in the mutually agreed ports of entry. Detailed maps of the ports of entry were prepared by each side N and were exchanged. The following specific ports of entry have been c prepared: (A A. By the Communists: Sinuiju, Chongjin, Manpojin, Hungnam pa and Sinanju. B. By the United Nations Command: Pusan, Inchon, Kangnung, Kunsan and Taegu. th Slight progress was made on the subject of the neutral nations inspection teams when the Communists agreed, on the staff officers level, that these teams will not be authorized to inspect or examine secret designs or characteristics of combat aircraft, armored vehicles , weapons or ammunition. The United Nations Command Representatives have brought up C repeatedly the problem of neutral nations and the previously agreed to principle which stated that the neutral nations would be selected on the basis of being mutually acceptable to both sides , reiterating their stand that the Union of Soviet Socialist Republics is not accept. able to the United Nations Command as a neutral nation. In each instance the Communist side answered with vague generalities. There are only two important issues remaining to be settled under agenda item 3. United Nations Command reports numbers thirty- seven, thirty-eight and forty, have explained the United Nations Command position on these issues, which are: A. Agreement to limit airfield construction and rehabilitation teams 1 U.N. doc. S/2662, June 13, 1952, pp. 2-3. pp. 715–718; ibid., June 23, 1952, pp. 998–1001. ta. VE of er W 60 6 D Ta KOREA 2647 3 Department of State Bulletin, Aug. 4, 1952, pp. 171-172. Geneva Conventions of August 12, 1949 for the Protection of War Victims ratified by the United States on July 14, 1955. (Department of State publication 3938; 1950), pp. 84–161. The convention was • Department of State Bulletin, Oct. 6, 1952, pp. 549–550. 2 3 4 rom port orty . 59. REQUEST FOR SOVIET GOOD OFFICES IN OBTAINING om. NORTH KOREAN AND CHINESE COMMUNIST COMPLI- 1952 ANCE WITH THE 1949 GENEVA CONVENTION ON TREAT- MENT OF PRISONERS OF WAR: Note Delivered by the Amer- ican Ambassador at Moscowl to the Soviet Foreign Minister, July 23, 1952 nge and Early in the course of the Korean hostilities, on July 13, 1950, the North Korean authorities issued a declaration stating that they would ited strictly abide by the principles of the Geneva Convention in respect to prisoners of war. On July 16, 1952, the Chinese Communist au- Lons thorities issued a declaration of intention to adhere, with certain reservations, to the Geneva Convention of August 12, 1949, for the protection of prisoners of war. Up to the present time, the Chinese Communist and North Korean the authorities have failed to observe the provisions of the Geneva Con- vention. More specifically, the following provisions which are of particular importance to the welfare of the personnel of the United side Nations Command who are prisoners in North Korean and Chinese Communist hands have not been observed: inspection of prisoner of war camps by an impartial international body has not been permitted (Article 126); relief parcels have not been delivered (Article 72); and prisoner of war camps have been placed in areas in proximity to mili- tary objectives, exposing the prisoners to danger of attack (Article 23). ng The United Nations Command has consistently abided by the pro- visions of the Geneva Convention and has in good faith carried out the responsibilities laid upon belligerents by this convention. It is, therefore, requested that in the interest of the accomplishment of the humanitarian objectives of the Geneva Convention, the Gov- ies , ernment of the Union of Soviet Socialist Republics use its good offices with the North Korean and Chinese Communist authorities, for the purpose of requesting them to observe the provisions of the Geneva eel ONS cers ine UP Convention. ped ted ing pte ch der 60. PROPOSAL FOR A SOLUTION OF THE PRISONER OF WAR PROBLEM: Statement by the Chief United Nations Command Negotiator 5 at Panmunjom, September 28, 1952 6 I have an important statement to make. For many weeks the prisoner of war issue has blocked the achievement of an armistice in Korea . On July 1 we suggested to you that a solution to the problem F- DS 1 George F. Kennan. 2 Andrei Y. Vyshinsky. DI 4 • Lt. Gen. William K. Harrison, Jr. 52 2648 AMERICAN FOREIGN POLICY, 1950-1955 and be I des rep & D 1 wh wa in tar qua 80 and or of Committee of the Red Cross, joint Red Cross teams, or joint military teams. demilitarized zone to territory under its control in Korea. Such individual, of must be one that to a reasonable degree meets the requirements of both sides. You have admitted the soundness of that proposition . It must now be clear to you that one of the requirements of our side which cannot be compromised is that of no forced repatriation, Within this humanitarian principle the United Nations Command has made honest efforts to achieve an armistice. So that there can be sidi no doubt of the objectivity and sincerity with which the United whe Nations Command delegation has attempted to find a solution to the fire prisoner of war question, I will restate the proposals which we have from previously offered and which you have summarily rejected. We have previously proposed that joint teams or Red Cross teams , with or without military observers of both sides, be admitted to the prisoner of war camps of both sides to verify the fact that non-re- patriates would forcibly resist return to the side from which they came As an alternative we proposed that all prisoners of war of both sides be delivered in groups of appropriate size to the demilitarized zone and log given the opportunity to express their preference on repatriation, the interview to be done by one or a combination of the following: A. International Committee of the Red Cross B. Teams from impartial nations C. Joint teams of military observers D. Red Cross representatives from each side Either one of these proposals, if accepted by your side, would have No allayed any legitimate fear you might have had that the prisoners of war were being coerced into rejecting repatriation to your side and pr would have produced an armistice. I now present to you three additional alternate proposals any one of which will lead to an armistice if you truly desire one. ago I ask that you give careful consideration to them because they represent the only remaining avenues of approach on which our side can agree to an armistice. All of these proposals are based on the prior formal acceptance of an armistice by both sides, with the disposition of prisoners of war to be determined thereafter according to one of the following procedures. A. Proposal Number One: As soon as the armistice agreement goes into effect all prisoners of war in the custody of each side shall be entitled to release and repatriation. Such release and repatriation of prisoners of war shall begin in accordance with the provisios of article three of the armistice agreement. Both sides agree that the obligation to exchange and repatriate prisoners of war shall be fulfilled by having them of brought to an agreed exchange point in the demilitarized zone. The prisoner of war shall be identified and his name checked against the agreed list of prisoner of war in the presence, if desired, of one or a combination of the International purposes of the agreement. Both sides agree, however, that any prisoner for war who at time of identification states that there wishes to return to the side by which he had been detained shall immediately be allowed to do so. which he wishes to go, which side shall provide him with transportation from a Such former prisoner of war shall thereupon go into the custody of the side he course, shall not be detained as a prisoner of war but shall assume civilian status, Or ne m m m ne Or PI D KOREA 2649 1 Department of State Bulletin, Oct. 20, 1952, p. 600. Gen. Mark W. Clark, Commander-in-Chief, U.N. Command; see ibid., 1. ave Te- me. and, in accordance with paragraph 52 of the armistice agreement, shall not again s of be employed in acts of war in the Korean conflict. B. Proposal Number Two: side As soon as the armistice agreement goes into effect all prisoners of war who desire repatriation will be exchanged expeditiously. All prisoners objecting to repatriation will be delivered to the demilitarized zone in small groups where, at and & mutually agreeable location, they will be freed from military control of both sides and interviewed by representatives of a mutually agreed country or countries ited whose forces are not participating in the Korean hostilities, such persons being the free to go to the side of their choice as indicated by such interview. The foregoing procedure will be accomplished, if desired, with or without military representation from each side and under the observation of one or a combination of the following: 1. International Committee of the Red Cross mus 2. Joint Red Cross teams the 3. Joint military teams C. Proposal Number Three: ; be As soon as the armistice is signed and becomes effective, all prisoners of war who desire repatriation will be exchanged expeditiously. Concurrently, if und logistical capability permits, or as soon as possible thereafter , those prisoners of the war who have previously expressed their objections to repatriation will be delivered in groups of appropriate size to a mutually agreed upon location in the demili- tarized zone and there freed from the military control of both sides. Without questioning, interview, or screening, each individual so released will be free to go to the side of his choice. We will agree, if desired, to have this movement and disposition of non-repatriates accomplished under the observation of one or a combination of the International Committee of the Red Cross, joint teams of military observers, or Red Cross representatives from both sides. We have now offered you the widest selection of choices the United of Nations Command can offer. Each of them will produce an armistice. nd I urge that you give mature and careful consideration to our proposals. of For that purpose I propose a recess for 10 days, and that we meet again here at 1100 hours on 8 October. ey Our staff officers will be available at any time to answer questions on any of our proposals. ve OT ON he he os 61. SUSPENSION OF THE ARMISTICE NEGOTIATIONS: Statement by the Secretary of State, October 8, 1952 1 As was made clear by General Clark's statement, the armistice negotiations at Panmunjom are not terminated. After the Com- munists rejected all of the latest proposals made by the U.N. Com- mand delegation, General Harrison 3 called a recess. The duration of the recess is entirely up to the Communists. General Harrison made it clear that the U.N. Command delegation continues ready to negotiate and will again meet with the Communist delegation when- ever they are ready to accept any one of our numerous proposals or make a constructive proposal of their own for an honest settlement 1) er 1 pp. 600-601, for his statement. Delegation. elitGen. William K. Harrison, Jr. , U.S. Army, senior delegate, U.N. Command 2650 AMERICAN FOREIGN POLICY, 1950-1955 . mi en ing 00 su of the prisoner-of-war question. However, the U.N. Command 62 delegation will not continue to go to Panmunjom merely to be sub- jected to Communist abuse and propaganda harangues. For many months we have been attempting to negotiate an honor- able armistice with patience and sincerity. The three alternative proposals which General Harrison presented on September 281 represented a further earnest effort by the United Nations to find of an acceptable solution to the prisoner-of-war question. All three of thi those proposals preserve the humanitarian principles of nonforcible lat repatriation. Any one of these proposals could lead to an armistice The Communists have claimed that the U.N. Command has forced prisoners to say they would resist repatriation, although, in fact, the opposite was the case. The U.N. Command pointed out to each qu prisoner the possibilities that his family might be persecuted if he refused repatriation and that the U.N. Command could make no promise whatever as to the ultimate fate of those who refused to go home. General Harrison's proposals even included the device that w! the prisoners should be taken in small groups to a neutral area and there be released to walk north or south. Certainly, nothing could be more fair or reasonable. If the Communists want to settle this fig issue, our latest proposals point the way. We have submitted numerous proposals throughout the negotiations of and have thoroughly explored every possible solution, while the Communist negotiators have utilized the negotiating table as sounding board for false and vicious propaganda. We have tried everything we can think of to meet the considerations raised by the Communists. We have said and will continue to say that we shall not compromise be on the principle that a prisoner should not be forced to return against Tr his will. For us to weaken in our resolve would constitute an aban- lis donment of the principles fundamental to this country and the pr United Nations. We shall not trade in the lives of men. We shall not forcibly deliver human beings into Communist hands. pl General Harrison's action last night does not represent a loss of hope in an armistice; we believe that it is an affirmative step toward obtaining an armistice. The Communists must now recognize that the position of the U.N. Command is firm as well as right. The Communists must now recognize that they cannot continue to toy with the hopes of the world for a Korean peace. We continue to believe that a humanitarian solution to the prisoner-of-war question th can be found, and that this can be done at Panmunjom. th As General Clark said this morning, we remain ready at any to conclude an armistice acceptable to the conscience of free peoples . It is up to the Communists to show whether they too want such an armistice. . CO హం at SICO C CO M &U time (A 1 Supra. tes M KOREA 2651 DO fighting U.N. doc. A/2228, Oct. 18, 1952. telegram to the President of the U.N. General Assembly acknowledging receipt Mar. 16, 1953, pp. 422-423. and 62. PROPOSALS FOR A SOLUTION OF THE PRISONER OF sub- WAR PROBLEM: Resolution 610 (VII) of the United Nations General Assembly, December 3, 1952 1 10r- tive The General Assembly, 281 Having received the special report of the United Nations Command And of 18 October 1952 on "the present status of the military action and 3 of the armistice negotiations in Korea" ? and other relevant reports re- ible lating to Korea, ice. Noting with approval the considerable progress towards an armistice ced made by negotiation at Panmunjom and the tentative agreements to the end the fighting in Korea and to reach a settlement of the Korean 3ch question, Noting further that disagreement between the parties on one remain- ing issue, alone, prevents the conclusion of an armistice and that a go considerable measure of agreement already exists on the principles on hat which this remaining issue can be resolved, ind Mindful of the continuing and vast loss of life, devastation and uld his suffering resulting from and accompanying the continuance of the Deeply conscious of the need to bring hostilities to a speedy end and of the need for a peaceful settlement of the Korean question, che Anxious to expedite and facilitate the convening of the political ed conference as provided in article [paragraph) 60 of the draft armistice agreement, che 1. Afirms that the release and repatriation of prisoners of war shall be effected in accordance with the Geneva Convention relative to the Treatment of Prisoners of War, dated 12 August 1949, the well-estab- lished principles and practice of international law and the relevant he provisions of the draft armistice agreement; all 2. Afirms that force shall not be used against prisoners of war to prevent or effect their return to their homelands, and that they shall of at all time be treated humanely in accordance with the specific provi- d sions of the Geneva Convention and with the general spirit of the 3. Accordingly requests the President of the General Assembly to communicate the following proposals to the Central People's Govern- ment of the People's Republic of China and to the North Korean authorities as forming a just and reasonable basis for an agreement so that an immediate cease-fire would result and be effected; to invite their acceptance of these proposals - and to make a report to the UN General Assembly, Oficial Records, Seventh Session, Supplement No. 20 On Dec. 17, 1952, the North Korean Minister of Foreign Affairs sent a ZS & ase st El- Convention; at ne 20 to 01 28 S. 1. (A/2361), pp. 3-4. 3 Ibid., annex A. 2652 AMERICAN FOREIGN POLICY, 1950–1955 9) PROPOSALS re ai STU CO pi re m to 0] in matter relating to their return to their homelands and particularly VIII. Red Cross teams of both sides shall assist the Repatriation General Assembly during its present session and as soon as appra- priate: I. In order to facilitate the return to their homelands of all prison- ers of war, there shall be established a Repatriation Commission consisting of representatives of Czechoslovakia, Poland, Sweden and Switzerland, that is, the four States agreed to for the constitution of the Neutral Nations Supervisory Commission and referred to in para- graph 37 of the draft armistice agreement, or constituted, alternatively, in of representatives of four States not participating in hostilities, two th nominated by each side, but excluding representatives of States that are permanent members of the Security Council. fo II. The release and repatriation of prisoners of war shall be effected in accordance with the Geneva Convention relative to the Treatment of Prisoners of War, dated 12 August 1949, the well-established prin- ciples and practice of International Law and the relevant provisions of the draft armistice agreement. III. Force shall not be used against the prisoners of war to prevent or effect their return to their homelands and no violence to their th persons or affront to their dignity or self-respect shall be permitted in any manner or for any purpose whatsoever. This duty is enjoined by on and entrusted to the Repatriation Commission and each of its members. Prisoners of war shall at all times be treated humanely in accordance with the specific provisions of the Geneva Convention and with the general spirit of that Convention. C IV. All prisoners of war shall be released to the Repatriation Com- mission from military control and from the custody of the detaining side in agreed numbers and at agreed exchange points in agreed de- militarized zones. V. Classification of prisoners of war according to nationality and domicile as proposed in the letter of 16 October 1952 from General Kim Il Sung, Supreme Commander of the Korean People's Army , th and General Peng Teh-huai, Commander of the Chinese People's Volunteers, to General Mark W. Clark, Commander-in-Chief, United Nations Command, shall then be carried out immediately. VI. After classification, prisoners of war shall be free to retur ? to their homelands forthwith, and their speedy return shall be facili tated by all parties concerned. lo VII. In accordance with arrangements prescribed for the purpose by the Repatriation Commission, each party to the conflict shall have freedom and facilities to explain to the prisoners of war “depending upon them” their rights and to inform the prisoners of war on any be their full freedom to return. ti terms of the draft armistice agreement, to prisoners of war while they re M m W PI W us P W 0 ಜಿ ಪಿ e SO P: P: 8 u. mi ha 1 U.N. doc. A/2230, Oct. 16, 1952, enclosure 3. KOREA 2653 pro- son- ara- ODS ped 1 ID are under the temporary jurisdiction of the Repatriation Commission. IX. Prisoners of war shall have freedom and facilities to make representations and communications to the Repatriation Commission and to bodies and agencies working under the Repatriation Commis- sion sion, and to inform any or all such bodies of their desires on any matter and concerning themselves, in accordance with arrangements made for the n of purpose by the Commission. X. Notwithstanding the provisions of paragraph III above, nothing elv , in this Repatriation Agreement shall be construed as derogating from two the authority of the Repatriation Commission (or its authorized that representatives) to exercise its legitimate functions and responsibilities for the control of the prisoners under its temporary jurisdiction. ited XI. The terms of this Repatriation Agreement and the arrange- lent ments arising therefrom shall be made known to all prisoners of war. rin- XII. The Repatriation Commission is entitled to call upon parties to the conflict, its own member governments, or the Member States of the United Nations for such legitimate assistance as it may require ent in the carrying out of its duties and tasks and in accordance with zeir the decisions of the Commission in this respect. in XIII. When the two sides have made an agreement for repatriation based on these proposals, the interpretation of that agreement shall its rest with the Repatriation Commission. In the event of disagree- ment in the Commission, majority decisions shall prevail. When no and majority decision is possible, an umpire agreed upon in accordance with the succeeding paragraph and with article 132 of the Geneva Convention of 1949 shall have the deciding vote. ing XIV. The Repatriation Commission shall at its first meeting and de prior to an armistice proceed to agree upon and appoint the umpire who shall at all times be available to the Commission and shall act end as its Chairman unless otherwise agreed. If agreement on the ap- pointment of the umpire cannot be reached by the Commission ly, within the period of three weeks after the date of the first meeting le's this matter should be referred to the General Assembly. ted IV. The Repatriation Commission shall also arrange after the armistice for officials to function as umpires with inspecting teams or other bodies to which functions are delegated or assigned by the ili Commission or under the provisions of the draft armistice agreement, so that the completion of the return of prisoners of war to their home- XVI. When the Repatriation Agreement is acceded to by the ng parties concerned and when an umpire has been appointed under paragraph 14 above, the draft armistice agreement, unless otherwise rhy altered by agreement between the parties, shall be deemed to have been accepted by them. The provisions of the draft armistice agree- ment shall apply except in so far as they are modified by the Repatria- he tion Agreement. Arrangements for repatriation under this agree- ment will begin when the armistice agreement is thus concluded. XVII. At the end of ninety days, after the Armistice Agreement has been signed, the disposition of anya prisoners of war whose return ON1- eral 112 lands shall be expedited. Ose ve ny 00 2654 AMERICAN FOREIGN POLICY, 1950–1955 M 9. ar re in will be prepared to meet your liaison officers to make necessary to their homelands may not have been effected in accordance with the procedure set out in these proposals or as otherwise agreed, shall be referred with recommendations for their disposition, including a target date for the termination of their detention to the political con- ference to be called as provided under article (paragraph) 60 of the draft armistice agreement. If at the end of a further thirty days 64 there are any prisoners of war whose return to their homelands has not been effected under the above procedures or whose future has not been provided for by the political conference, the responsibility for their care and maintenance and for their subsequent disposition shal be transferred to the United Nations, which in all matters relating to them shall act strictly in accordance with international law. th 63. PROPOSAL FOR THE EXCHANGE OF SICK AND WOUNDED M PRISONERS OF WAR: Letter From the Commander-in-Chief , United Nations Command, to the Commanders-in-Chief of the re North Korean and Chinese Communist Forces, February 22, 1953' To Kim Il Sung, Supreme Commander of the Korean People's Army, and Peng Teh-Ħuai, Commander of the Chinese People's Volunteers: The Executive Committee of the League of Red Cross Societies , in a resolution adopted in Geneva, Switzerland, on 13 December 1952 called on both sides in the Korean conflict as a gesture of good wil to take immediate action in implementing the humanitarian provi . sions of the Geneva Convention by repatriating sick and wounded prisoners of war in accordance with appropriate articles of the Geneva Convention. G As has been repeatedly stated to you in the course of negotiations at Panmunjom the United Nations Command has from the very , beginning adhered scrupulously to the humanitarian provisions of the Geneva Convention and in particular has been prepared to carry out the provisions of the Geneva Convention in regard to the sick and wounded prisoners in its custody. The United Nations Com- mand remains ready immediately to repatriate those seriously sick and seriously wounded captured personnel who are fit to travel in accordance with provisions of Article 109 of the Geneva Convention. " I wish to be informed whether you are prepared for your part to proceed immediately with the repatriation of seriously sick and wounded captured personnel of the United Nations Command who are in your hands. The United Nations Command liaison officers arrangements for impartial verification of the conditions and for the AC CH rej RE 1 of PP (ib Na 2 doi 1 Gen. Mark W. Clark. 2 Marshal Kim Il Sung and General Peng Teh-huai. 3 Department of State Bulletin, Apr. 6, 1953, p. 494. 4 Geneva Conventions, p. 126. KOREA 2655 Geneva Conventions, p. 126." s to 3 che (ibid., pp. 575-576), and General Harrison's letter of Apr. 17, 1953, to General 2 Ibid., Apr. 20, 1953, p. 574; see also General Nam Il's reply of Apr. 9, 1953 Nam II (ibid., Apr. 27, 1953, p. 608). 3 Statement of Mar. 30, 1953. Sixty-seventh report of the U.N. Command to the Security Council; U.N. doc. S/3084 (Aug. 21, 1953), pp. 4–7. rith mutual exchange of such seriously sick and wounded in accordance ball with the provisions of Article 109 of the Geneva Convention. g & On- the 64. REQUEST FOR COMMUNIST COMMAND STATEMENT ON ays has REPATRIATION OF PRISONERS OF WAR: Letter From the not Commander-in-Chief, United Nations Command, to the Com- for manders-in-Chief of the North Korean and Chinese Communist hall Forces, April 5, 1953 (Excerpt) 2 At as early a date as possible, I request that your liaison group furnish our liaison group with a detailed statement of suggestions on the implementation of the proposal for settling the entire question of repatriating prisoners of war as set forth in the statement of Foreign ED Minister Chou En-lai,3 and endorsed by Marshal Kim Ki [II] Sung, iel, in order that it may be studied while reasonable settlement of the the repatriation of sick and wounded is being effected. 3 le's le's 65. REPATRIATION OF SICK AND INJURED CAPTURED PER- SONNEL: Agreement Between the United Nations Command and ies , the North Korean and Chinese Communist Commands, April 11, 252 will VI- AGREEMENT FOR THE REPATRIATION OF SICK AND INJURED CAPTURED ded PERSONNEL The Senior Member of the United Nations Command Liaison ODS Group and the Senior Member of the Korean People's Army and the ery Chinese People's Volunteers Liaison Group, in order to effect the of repatriation of sick and injured captured personnel in accordance Try with the provisions of Article 109 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, agree to the following: Eck 1. Repatriation shall be accomplished at Panmunjom. 2: Repatriation shall commence at Panmunjom not later than ten (10) days after the signing of this agreement. nd For further communications and discussions on this subject, in the course ho which agreement in principle was reached, see Department of State Bulletin, apie 1953, pp. 494-485; ibid., Apr. 13, 1953, pp. 526-529; ibid., Apr. 20, 1953, Ty Not 19534 278 ock m- in -1. to PIS pp. . 4 5 2656 AMERICAN FOREIGN POLICY, 1950–1955 shall consist of not less than five (5) vehicles in close formation; except that north of Panmunjom, because of actual conditions, b. Each car in rail movements and each vehicle in motor convoys 3. a. The Korean Peoples Army and the Chinese People's Volun- teers shall deliver sick and injured captured personnel at the rate of approximately one hundred (100) per day until delivery of all sick and injured captured personnel to be repatriated by the Korean People's Army and the Chinese People's Volunteers is completed . The number of persons actually delivered each day shall be con- tingent upon the ability of the United Nations Command to receive them, but delivery shall in any case be completed prior to the termination date of this agreement. 3. b. The United Nations Command shall deliver sick and injured captured personnel at the rate of approximately five hundred (500 ) per day until delivery of all sick and injured captured personnel to be repatriated by the United Nations Command is completed . The number of persons actually delivered each day shall be contin- gent upon the ability of the Korean People's Army and the Chinese People's Volunteers to receive them, but delivery shall in any case be completed prior to the termination date of this agreement. 4. The United Nations Command shall deliver sick and injured captured personnel in groups of approximately twenty-five (25) the Korean People's Army and the Chinese People's Volunteers sbal deliver sick and injured captured personnel in groups of mately twenty-five (25). Each group shall be accompanied bg rosters, prepared by nationality, to include: a. Name. b. Rank. c. Internment or military serial number. 5. After each group of sick and injured captured personnel i delivered and received, a representative of the receiving side shal sign the roster of the captured personnel delivered as a receipt and shall return this to the delivering side. 6. In order to insure that the sick and injured captured personnel of both sides are given maximum protection during the full period of repatriation, both sides agree to guarantee immunity from el attacks to all rail and motor movements carrying sick and injured captured personnel to Kaesong and Munsan-ni, respectively, and thence through presently established immunity routes to Panmun- jom, subject to the following conditions: a. Movement of motor convoys to Kaesong and Munsan-ni . respectively shall be restricted to daylight hours, and each contos the latter provision shall apply only to the route from Pyongyang to Kaesong. approx S shall display clearly visible identification markings. KOREA 2657 lun- Team sted. COU I to ir to Case S/2469, Jan. 5, 1952), in Department of State Bulletin, Feb. 18, 1952, pp. 270-272. c. Each side, prior to the initial movement, shall provide the rate Liaison Group of the other side with a detailed description of the of all markings utilized to identify motor convoys and rail movements. This shall include color, size and manner in which the markings will be displayed. d. Each side, prior to the initial movement, shall provide the Liaison Group of the other side with the sites and markings of the bivouac areas and night stop-over locations for motor convoys. e. Each side shall inform the Liaison Group of the other side, uired twenty-four (24) hours in advance of each movement, of the 500 selected route, number of cars in rail movement or number of olto vehicles in motor movement, and the estimated time of arrival ted. at Kaesong or Munsan-ni. atin- Dese f. Each side shall notify the Liaison Group of the other side, by the most expeditious means of communications available, of the location of emergency stop-overs. zred 7. During the period while sick and injured captured personnel are 25) being repatriated through the Panmunjom conference site area, hal the October 22, 1951 Agreement Between Liaison Officers, with OX1- the exception of the part therein provided for in Paragraph 8 of this bi Agreement, shall continue in effect. Liaison Groups of both sides and their parties shall have free access to, and free movement within, the Panmunjom conference site area. The composicion of each Liaison Group and its party shall be as determined by the Senior Member thereof; however, in order to avoid congestion in the conference site area, the number of personnel of each side in the area, including captured personnel under its control, shall not exceed three hundred (300) persons at any one time.' Each side shall transfer repatriated personnel out of the Panmunjom con- ference site area as expeditiously as possible. lof . During the period while sick and injured captured personnel are of being repatriated through the Panmunjom conference site area, the armed military police of each side, who undertake to maintain order within the conference site area, shall be increased from the nd maximum number of fifteen (15), as provided for in the October 22, 1951 Agreement Between Liaison Officers, to thirty (30). 9. Other administrative details shall be mutually arranged by ni. officers designated by the Senior Member of the Liaison Group of 11 10. This agreement is effective when signed and will terminate twenty (20) days after the commencement of repatriation of sick and injured captured personnel at Panmunjom. ys 2. for the full text of the agreement, see U.N. Command Rept. 32 (U.N. doc. IS Al and ed ]]]- each side. OP 15. ng 415900-57---Vol. 264 2658 AMERICAN FOREIGN POLICY, 1950–1955 as 1 m. sion upon completion of extant agenda items, subject to reconvening to consider other developments in Korea, see U.N. General Assembly, Official Records, Done at Panmunjom, Korea, this 11th day of April 1953, in the English, Korean and Chinese languages, all texts being equally re authentic. LEE SANG CHO J. C. DANIEL Major General Rear Admiral Korean People's Army United States Navy Senior Member Senior Member Korean People's Army and Chinese United Nations Command 67 People's Volunteers Liaison Group Liaison Group 66. ESCAPE OF NORTH KOREAN NON-REPATRIATE PRIS D ONERS OF WAR: Letter From the Senior Delegate of the United St Nations Command at the Armistice Discussions to the Senior N. Delegate of the Communist Command, June 18, 19532 fo Gen. NAM IL, of Senior Delegate, Delegation of the Korean People's Army, and the Chinese People's Volunteers: Between midnight and dawn today, approximately 25,000 North Korean prisoners of war, who have refused to be repatriated following an armistice, broke out of United Nations Command prisoner of war camps Nos. 5, 6, 7 and 9. Statements attributed to high officials of the Republic of Korea indicate that the action had been secretly planned and carefully coordinated at top levels in the Korean Government and that outside assistance was furnished the prisoners of war in their mass breakout Republic of Korea Army security units assigned as guards at the PE prisoner of war camps did little to prevent the breakout, and there is of every evidence of actual collusion between the Republic of Kores Army guards and the prisoners. The Republic of Korea Army security guard units used at the camps containing anti-Communist prisoners of war had been con sidered especially suitable in view of the previous cooperative attitude of these prisoners while in custody. These Republic of Korea Army security guard units which have left their posts at nonrepatriate camps are being replaced by United PE States troops. Efforts are being made to recover the prisoners now at liberty and 1 Concerning approval by the U.N. General Assembly on Apr. 18, 1953, of the above agreement, and the General Assembly's decision to recess its Seventh se on Seventh Session, Supplement No. 20 A (A/2361/Add. 1), pp. 3-4. 2 Department of State Bulletin, June 29, 1953, pp. 905-906. CO ar CC in ca ce m of tid re in W. CO ch ar Case pr 18 LE CO 19 KOREA 2659 3 For the text of President Rhee's letter of July 15, 1950, see ibid., Aug. l, charging the U.N, Command with the responsibility for release of the prisoners, Ibid., June 29, 1953, p. 907. For other documents on the release of the prisoners by officers and men of the ROK Army, including a statement of June Lester B. Pearson, President of the U.N. General Assembly, to President Rhee concerning the release of the prisoners, see ibid., July 6, 1953, pp. 14–15. the as of 1 o'clock this afternoon, 971 escaped prisoners of war had been ially recovered. WILLIAM K. HARRISON, Jr., Lieutenant General, U. S. A., Senior Delegate United Nations Command Delegation. 1 67. ESCAPE OF NORTH KOREAN NON-REPATRIATE PRISON- ERS OF WAR: Letter From the Commander-in-Chief, United Nations Command, to the President of the Republic of Korea, June 20, 1953 2 RIS ited DEAR MR. PRESIDENT: In the summer of 1950, when the United nior States and other nations responded to your appeal to the United Nations to repel the armed attack upon the Republic of Korea by forces from North Korea, the United Nations received from you a message assigning command authority over all land, sea and air forces of the Republic of Korea to the commander, United Nations Com- the mand, for the duration of hostilities. The United Nations Command did not seek, and indeed, did not orth consider necessary any further or more formal commitments from ing your Government regarding the participation of Republic of Korea armed forces in the United Nations Command. I therefore have considered and do now consider that I have full command authority over all land, sea and air forces of the Republic of Korea. Nothing mily in our long association during our mutual prosecution of our common side cause has prepared me to believe that I should consider otherwise. ut. This notwithstanding, and in clear violation of my authority, the certain officers and men of the Republic of Korea Ármy willfully permitted the escape of many thousands of lawfully detained prisoners of war from various prisoner of war installations during the early morning hours of 18 June 1953, such officers and men having been the oficially enjoined with responsibility for the security of said installa- tions and for the detention of said prisoners. Further, I have de received information through the public press that this action was mitiated on your orders and issued through an official who is not within the forces under my command. ed I must inform you with all the sincerity which I possess that I am profoundly shocked by this unilateral abrogation of your personal nd commitment, which was so freely and voluntarily given at the time. For the texts of the reply of the Communist commanders of June 19, 1953, 3 Teg is rea ON ve be PS ter 2 of As 1950, p. 206. June 19, 1953, see Department of State Bulletin, June 29, 1953, pp. 906-907. int un AS CO mi mt AS mi breakout, and the Republic of Korea Army security guards made 5 For the text of the Communist commanders' letter to General Clark of 2660 AMERICAN FOREIGN POLICY, 1950–1955 As a matter of fact on several occasions in recent weeks you hare personally assured both Ambassador Briggs 1 and me that you would the not take unilateral action with reference to R. O. K. forces under my am control until after full and frank discussion with me. NE Your actions today have clearly abrogated these assurances. I cannot at this time estimate the ultimate consequences of this Re precipitous and shocking action on your part, nor can its effect on the 90 common cause for which we have sacrificed so much during these past of several years be forecast at this time. Sincerely, eff MARK W. CLARK, Il General, U.S. Army 68. ESCAPE OF NORTH KOREAN NON-REPATRIATE PRISON ERS OF WAR: Letter From the Commander-in-Chief, United Na AL tions Command, to the Commanders-in-Chief of the North Korean and Chinese Communist Forces,2 June 29, 1953 3 of tio The United Nations Command agrees, of course, that the escape of about 25,000 captured personnel of the Korean People's Army is a serious incident and unfortunately has not been conducive to the the early armistice for which both sides have been earnestly striving mo The United Nations Command, by means of General Harrison letter of 18 June 1953, immediately informed you of the facts regard- ing the loss of these prisoners.4 We felt that you deserved to have this information at the earliest Y possible time. However, in your letter of 19 June 5 I note that for one reason or another you fail to accept the realities of the situation lic which we accurately reported to you, and you have made several in inaccurate statements of fact. In an earnest endeavor to achieve an early armistice, I shall further clarify these facts. Despite our voluntary and accurate presentation of these facts you still seem to consider that the "escape” of the prisoners and their "release" by order of the Republic of Korea Government are con tid tradictory terms. The fact is, as you are well aware by this time, that the prisoners “escaped” by breaking through the prison fences and barricades and, except for those who were captured, disappeared into the civil population. They were 'released" in that the Republic of tt Korea Government, without the knowledge of , and contrary to the intent of, the United Nations Command, planned and arranged the th little real effort to prevent the escape. | Ellis 0. Briggs, American Ambassador to the Republic of Korea. Department of State Bulletin, suly 13,1953, pp. 46-47. For the text of the fc Communist commanders reply to the June 29 letter , see ibid., July 20, 1953 , pp 73–74. 4 Supra, doc. 66. mi . red mi CU re ac C CC m es th to 0i Bi S es KOREA 2661 rean IS & have In replying to the questions which you asked in your letter, I believe would that you realize the armistice which both of us seek is a military er my armistice between the military commanders of both sides. The United Nations Command is a military command and, contrary to the opinion indicated in your letter of 19 June, does not exercise authority over the this Republic of Korea, which is an independent sovereign state whose government is the product of the self-determination of its millions past of people. The Republic of Korea Army was placed by its Government under the control of the United Nations Command in order to more effectively repel the armed aggression against the Republic of Korea. I believe it should be clear to you that the United Nations Command, ny as the result of a commitment made by the Republic of Korea, does not command the Republic of Korea Army. In this incident that Govern- ment violated its commitment, issuing orders which were unknown to ON me, through other than recognized military channels to certain Korean Na army units, which permitted the prisoners of war to escape. You also asked whether the armistice in Korea included the Republic of Korea as represented by President Syngman Rhee; another ques- tion, which is closely related, expressed your interest in knowing what cap: assurances there may be for the implementation of the armistice agree- ment on the part of South Korea. It is necessary here to reiterate that the the armistice which we seek is a military armistice between the com- ring manders of both sides and involving the forces available to the com- on's manders of both sides. ard- It is recognized that certain provisions of the armistice agreement require the cooperation of the authorities of the Republic of Korea. Kiest You are assured that the United Nations Command and the interested for governments concerned will make every effort to obtain the coopera- 101 tion of the Government of the Republic of Korea. Where necessary eral | the United Nations Command will, to the limits of its ability, establish epe military safeguards to insure that the armistice terms are observed. Our willingness to do this should be apparent to you by the con- currence which we have given to those portions of the terms of Deir reference which require the United Nations Command to take certain action to insure the safety and security of the neutral nations repara- hat tion commission and its personnel. regrettable that you choose to allege that the United Nations nto Command connived in the escape of the prisoners. Besides being of contrary to the obvious facts, such accusation tends to obstruct rather che than to facilitate an armistice agreement. The United Nations Com- che mand is continuing its efforts to recover the prisoners of war who have de escaped. It would be unrealistic, however, and misleading to imply that an appreciable number of these prisoners could be recovered now that they have disappeared among the population, which is disposed to shelter and protect them. You undoubtedly realize that the recov- for your side to recover the 50,000 South Korean prisoners “released” by your side during the course of hostilities. You, of course, under- stand that the cessation of hostilities will facilitate the return of the escaped Korean prisoners of war to your side if they are not opposed ete acts ON und It is Ehe OP. of 11 1 to resist. The consequences of such a breach of the armistice would 2662 AMERICAN FOREIGN POLICY, 1950–1955 to such return. Under the provisions of Paragraph 59 of the draft 70 armistice agreement, the escaped prisoners of war can proceed to your side if they so desire after the armistice becomes effective. Following the signing of an armistice, the exchange of those prison- ers of war who desire repatriation will involve the 12,000 of our per- sonnel reported by you in April 1952, plus the additional ones captured since that date and now in your hands, as compared with about 74,000 of your personnel, including approximately 69,000 Koreans, now in 71 our hands, whom we are prepared to return to you. 3] This letter is an earnest effort by the United Nations Command to acquaint you with the facts. It is suggested that the delegations meet 19 immediately to exchange information as to the time at which respective components of the neutral nations supervisory commission can be KO prepared to function in order that an effective date for the armistice may be established and, on receipt of that information, the armistice agreement as has been developed by our respective delegations be signed. [KOREAN ARMISTICE AGREEMENT, JULY 27, 1953] " 69. SIXTEEN-NATION DECLARATION ON KOREA ISSUED AT WASHINGTON, JULY 27, 1953 2 "We the United Nations Members whose military forces are par- ticipating in the Korean action support the decision of the Commander- in-Chief of the United Nations Command to conclude an armistice agreement. We hereby affirm our determination fully and faithfully E. to carry out the terms of that armistice. We expect that the other parties to the agreement will likewise scrupulously observe its terme . "The task ahead is not an easy one. We will support the efforts of the United Nations to bring about an equitable settlement in Korea based on the principles which have long been established by the United Nations, and which call for a united, independent and democratie 71 Korea. We will support the United Nations in its efforts to assist the people of Korea in repairing the ravages of war. "We declare again our faith in the principles and purposes of the United Nations, our consciousness of our continuing responsibilities in Korea, and our determination in good faith to seek a settlement off the Korean problem. We affirm, in the interests of world peace, if there is a renewal of the armed attack, challenging again Jur ciples of the United Nations, we should again be united and prompt hostilities within the frontiers of Korea. in jeopardizing the restoration or the safeguarding of peace in any "Finally, we are of the opinion that the armistice must not result other part of Asia.' 1 Supra, pp. 724–750. Department of State Bulletin, Aug. 24, 1953, p. 247. that mi the prin- 1 20 b 2 KOREA 2663 Department of State Bulletin, Sept. 18, 1950, p. 454 SOL- ed to be 3 be by bearing a Red Star passed over a screening.ship and continued * Supra, docs. 8, 10, 14, 23, 42, 44, and 62. Iraft 70. TRIBUTE TO UNITED NATIONS FORCES IN KOREA: Four Resolution 712 (VII) of the United Nations General Assembly, August 28, 1953 1 per- The General Assembly ured Recalling the resolutions of the Security Council of 25 June, 27 ,000 June and 1 July 1950 and the resolutions of the General Assembly of 7 October 1950, 1 December 1950, 1 February 1951, 18 May 1951 and 3 December 1952,2 Having received the report of the Unified Command dated 7 August dieet 19533 tive Noting with profound satisfaction that fighting has now ceased in . Korea. on the basis of an honourable armistice, stice tice 1. Salutes the heroic soldiers of the Republic of Korea and of all those countries which sent armed forces to its assistance; 2. Pays tribute to all those who died in resisting aggression and thus in upholding the cause of freedom and peace; 3. Expresses its satisfaction that the first efforts pursuant to the call of the United Nations to repel armed aggression by collective military measures have been successful, and expresses its firm AT conviction that this proof of the effectiveness of collective secu- rity under the United Nations Charter will contribute to the maintenance of international peace and security. der- tice illi E. INCIDENTS INVOLVING UNITED NATIONS cher COMMAND AND SOVIET AIRCRAFT IN THE KOREAN CONFLICT, 1950-1953 atic 71. SHOOTING DOWN OF SOVIET BOMBER: Message De- the livered by the Deputy United States Representative at the United Nations 4 to the U.N. Secretary-General, September 5, 1950 $ the On September 4, 1950, United Nations naval forces were operating of the west coast of Korea at approximately the 38th parallel on missions in pursuance of the resolution of the Security Council of At 13:29 o'clock, Korean time, a twin-engine bomber identified only ine ult ori General Assembly, Oficial Records, Seventh Session. Supplement No. Dar- ms. orts red ted ties of hat in June 27, 1950. 6 apt uld 20 B (A/2361/Add. 2), p. 2. UT 3 Supra, doc. 48. 'Ernest A. Gross. 8 * Supra, doc. 10. 2664 AMERICAN FOREIGN POLICY, 1950–1955 OV SW on So be mi bri an to att fui The United States representative to the United Nations presents his A United Nations plane, a two-motored P2V bomber operating operations in Korea failed to return from a weather reconnaissance toward the center of the United Nations formation in a hostile manner. The bomber opened fire upon a United Nations fighter patrol which returned its fire and shot it down. A United Nations destroyer succeeded in picking up the body of one member of the bomber crew. Identification papers indicated that the body was that of Lt. Mishin Tennadii Vasilebiu, of the armed forces of the U.S.S.R., Serial No. 25054. 72. UNITED STATES REFUSAL TO ACCEPT SOVIET NOTE CONCERNING BOMBER: Statement by the American Am bassador at Moscow, September 6, 1950 1 The American Ambassador at Moscow, Admiral Alan G. Kirk, was called today to the Soviet Ministry of Foreign Affairs by Foreign Minister Vyshinsky, who read to him a note on the subject of the airplane incident which took place off Korea on September 4 and which was reported to the Security Council by the deputy representative of 74 the United States, Ernest A. Gross, the following day.? Admiral Kirk made the following statement in reply to Mr. Vysbin- sky: The information at my disposal indicates that the question to which refer pertains to defensive action by United Nations Forces operating in the Korean area in accordance with resolutions of the United Nations Security Council shu and that it has, in fact, been brought to the attention of the Security Council for appropriate consideration. I am therefore not in a position to accept on behalf of the United States Government the communication of the Soviet Government th on this subject. It would appear to be appropriate for any representations on this question to be presented to the United Nations Security Council. TH Admiral Kirk did not accept the note for delivery to this Govern fra ment. . 73. SOVIET ATTACK AGAINST UNITED NATIONS AIRCRAFT: Communication Delivered by the United States Representative at the United Nations 3 to the U.N. Secretary-General, November cle 24, 1951 4 ter ha for the honor to report the following from the Unified Command under the United States for submission to the Security Council: th 1 you mi COL ter mi 1 IS M In 1 p. 454. M Department of State Bulletin, Sept. 18, 1950, 2 Supra. 3 Warren R. Austin. 4 Department of State Bulletin, Dec. 3, 1951, p. 909. 15 KOREA 2665 aircraft through Korean territory. 3 Ibid., Aug. 10, 1953, p. 179. aner. zhich vas territory prior to the termination of hostilities there, the Embassy incurred in this incident. In view of the fact, however, that the incident occurred in the Korean Zone of hostilities, the responsibility therefore must rest with those Soviet authoritieswho flew the Soviet ? Ibid., Aug. 10, 1953, p. 179. For a reply to this note by the Soviet Foreign Ministry handed to Ambassador Bohlen on August 11, see ibid., Aug. 24, 1953, over the Sea of Japan on November 6, 1951. An intensive search for survivors proved fruitless. From the last reported position of this plane at 0850 (-9 time zone) fone on November 6, it is undoubtedly this plane that was the subject of a t the Soviet statement to the U.S. Chargé d'Affaires in Moscow on Novem- es of ber 71 admitting that two Soviet fighter planes fired on a two-engine bomber at 1010 November 6 in the vicinity of Cape Ostrovnaya. The route this plane was following did not approach closer than 40 miles to U.S.S.R. territory, and the plane crew had been thoroughly OTE briefed not to approach closer than 20 miles to U.S.S.R. territory under Am. any circumstances. It can only be concluded that an intentional or unplanned approach to the Russian coast was not made, and the plane was intercepted and attacked without warning while over international waters, and furthermore, while well outside of 20 miles from the Russian coastline. eign the hich e of 74. SHOOTING DOWN OF SOVIET IL-12 BY UNITED NATIONS AIRCRAFT: Statement by the Department of State, August 1, hin 1953 According to confirmed information received from United States read military authorities, an aircraft of the IL-12 type was attacked and men shot down by a United States Army Air Force fighter plane on a combat mission for the United Nations Command over Korean ment territory at 12:25 p. m., local time, on July 27, 1953. The location of this the United States plane at the time of the attack was 41 degrees 38 minutes north latitude and 126 degrees 55 minutes east longitude. This position is inside Korean territory approximately eight miles The United States Government assumes that the foregoing incident is the one which is the subject of the Ministry's Note of July 31 ' in FT: which the Soviet Government falsely alleges that the attack took at place over Chinese territory. Since facts available to United States ber military authorities and to the United Nations' Command have clearly established that the attack was carried out over Korean has been instructed to reject the Ministry's Note as being without The United States Government can only deplore the loss of life 2 refer for ehalf from the Yalu River. his foundation in fact. nas the nig N. Ice 1 See ibid. 15, 1954, pp. 410-413. 2666 AMERICAN FOREIGN POLICY, 1950–1955 -- I 1 II T AF 11 7 by the Secretary-General of the United Nations, and by authorities ☺ knowing their charges would not stand up under the scrutiny o International Committee of the Red Cross to conduct an impartial rejected an offer of the U. N.'s World Health Organization to provide technical assistance in Communist-held areas where we were accused F. THE COMMUNIST “GERM WARFARE” CAM. PAIGN, 1951-1953 75. REFUTATION OF COMMUNIST CHARGES OF GERM WARFARE: Statement by the Secretary of State, May 7, 1951 I have just been reading the alleged “confessions” of two American fliers who were shot down in Communist-held North Korea in January . I should like to talk about these so-called “confessions” for a minute because they are so revealing, though not in the sense that Communist propagandists intended. A reading of these statements makes one fact crystal clear: while they may have been signed under duress by the American fliers, they were dictated by Communist propagandists. They contain all the Communist clichés so alien to American youths. We have no way of knowing, of course, whether the fliers signed the statements at all. Both statements have picked up the standard Communist picture of the world as divided into two hostile "camps"---the so-called "peace-loving camp" of Communists and the "imperialistic” and "warmongering" camp of Wall Street. th For example, Lt. Kenneth Enoch is alleged to have stated: “I have bi seen the truth as printed by the democratic Chinese press, and all these ef truths and kind treatment show all the more clearly the lies and untruthful war propaganda of the Wall Street radio and press ...! am beginning to see very clearly just who is the peace-lover and who is the warmonger responsible for this inhuman war, and I am de- del in termined to struggle for peace against Wall Street capitalism, to clear : my conscience of past errors. I am filled with determination to join a the peace-loving camp." I submit that there are no two men in the whole U. S, Air Force who would of their own volition express themselves in such terms. These statements are, of course, merely additional trumped-up “evidence" to support the utterly false Communist charges that we have waged bacteriological warfare in Korea. They are another an example of the incredible lengths to which they will go to propagate ep the "big lie.” These charges have been flatly denied by American authorities in of other nations having forces in Korea. Moreover, the Communisten investigation on both sides of the battleline in Korea. They have of having caused epidemics. ye an TO pr 1 1 to th 1 Department of State Bulletin, May 19, 1952, p. 777. KOREA 2667 the ICRC proposals by the United States on Mar. 13, 1952, see ibid., p. 453. 1 acan information behind United Nations lines bearing upon the investi- 2 Department of State Bulletin, Mar, 24, 1952, pp. 452–453. 3 Concurning the willingness of the International Committee of the Red Cross M. Although not permitted to make an on-the-spot investigation, competent scientists in many parts of the world have examined the "evidence" submitted by the Communists and, as a result, have pronounced the charges an obvious and clumsy hoax. All of this is generally understood, at least in parts of the world RM where people have access to facts. These Communist propaganda themes are part of the "hate America” line which is now being supple- mented with a "hate Americans' line. Sowing the seeds of hate among people may in the Communist ary. Fiew produce some short-range benefits, but I am convinced that zute as their cynicism is increasingly revealed, they will find that they mist were in fact sowing the wind. Chile they the 76. REQUEST FOR INVESTIGATION OF GERM WARFARE y of CHARGES BY THE INTERNATIONAL COMMITTEE OF THE all. RED CROSS (ICRC): Telegram From the Secretary of State to ture the President of the ICRC, March 11, 1952 2 alled Despite categorical denials by the United States Government and the United Nations Command, Communists continue to charge that nave biological warfare by the United Nations Command has caused an bese epidemic in Communist-held areas of Korea. and I repeat that the United Nations Command has not engaged in ..1 any form of biological warfare. who In the interest of having the facts clearly established by a dis- de interested international body, the United States Government as the clear Unified Command would like to suggest that the International join Committee of the Red Cross make arrangements to conduct an in- vestigation to determine (1) the nature and extent of this epidemic who and (2) the real cause of the epidemic. To establish the facts beyond all doubt, such an investigation J-up would have to be conducted on both sides of the battle line in Korea. t we Investigation in the Communist-held areas would reveal the nature ther and extent of this epidemic plus evidence of the real cause of the gate epidemic. Investigation behind the United Nations lines would provide additional evidence with regard to the falsity of the biological the warfare charge. For example, International Committee of the Red ities investigators would be given free access to all sources of possible lists , I the and olgation. rtial 1 Paul Ruegger. la ve vide used 2668 AMERICAN FOREIGN POLICY, 1950–1955 1 re 11 ta SL 2 41 3 U.N. doc. S/2671, June 20, 1952. Concerning the discussion of the draft resolution in the Security Council and its defeat on July 3, 1952, as a result of 77. COMMUNIST REFUSAL TO PERMIT INVESTIGATION OF GERM WARFARE CHARGES BY THE ICRC: Statement by the Secretary of State, March 26, 1952 1 At his news conference on March 26, Secretary Acheson was asked 2 for comment on the statement, highly publicized by the Communists, of a ti group of jurists who claim to have "substantiated the waging by United Nations forces in Korea of germ warfare. Secretary Acheson made the following extemporaneous reply: As I understand it, this group of very eminent jurists to which you 3 refer are a group of Communists and former Nazis who have turned Communist, who have gone from East Germany into this area. That would not seem to imply any special impartiality or disinterest in their approach to it. We have stated often, I have stated, General Ridgway has stated that there is not the slightest truth whatever in these statements . We have asked the International Red Cross to make an investiga- tion. We have offered all facilities to the Red Cross. The World Health Organization has proposed that it be used to make an inves- tigation, also to attempt to deal with any epidemic if such an epidemic exists. We have supported that request. The Communists have never replied to either request. N It seems perfectly clear that the Communists are determined not to have any fair or impartial investigation made. They continue on the one hand to say there is no epidemic. On the other hand they say that we are engaged in these nefarious practices. There is no truth in the statements. The fact that there is no truth is shown by the refusal of the Communists to permit ang investigation by an impartial international body. by 78. CALL FOR INVESTIGATION OF GERM WARFARE CHARGES BY THE ICRC: Draft Resolution of the United Nations of Security Council, June 20, 1952 3 The Security Council, Noting the concerted dissemination by certain governments and authorities of grave accusations charging the use of bacteriological warfare by United Nations forces, Noting that the Government of the Union of Soviet Socialist Re- S publics has repeated these charges in organs of the United Nations, mand for Korea immediately denied the charges and requested that th an impartial investigation be made of them, S d 1 Department of State Bulletin, Apr. 7, 1952, p. 529. 2 Supra. a Soviet veto, see Department of State Bulletin, July 7, 1952, pp. SLE m PI tc CE In R TE CE re a1 2 38-39. KOREA 2669 . 1 ves- South Korea, the Chinese mainland and Japan as the Commission may deem necessary in the performance of its task and to allow the Com- ION 1. Requests the International Committee of the Red Cross, with nent the aid of such scientists of international reputation and such other experts as it may select, to investigate the charges and to report the results to the Security Council as soon as possible; skeid 2. Calls upon all governments and authorities concerned to accord of a to the International Committee of the Red Cross full co-operation, uited including the right of entry to, and free movement in, such areas as the Committee may deem necessary in the performance of its task; you 3. Reguests the Secretary-General to furnish the Committee with ned such assistance and facilities as it may require. That t in ated 79. INVESTIGATION OF GERM WARFARE CHARGES BY A UNITED NATIONS COMMISSION: Resolution 706 (VII) of the ga- United Nations General Assembly, April 23, 1953 orld The General Assembly, mic Noting that accusations have been made by certain governments have and authorities charging the use of bacteriological warfare by United Nations Forces, and that the Unified Command has repeatedly denied Recalling that when the charges were first made the Unified Com- hey mand had requested that an impartial investigation be made of them, Noting that the Central People's Government of the People's Re- public of China and the North Korean authorities have so far refused any to accept an offer by the International Committee of the Red Cross to carry out an investigation, Noting that the draft resolution 2 submitted in the Security Council by the Government of the United States of America proposing an RE mvestigation of these charges by the International Committee of the Red Cross failed to carry because of the negative vote of the Union of Soviet Socialist Republics, Desiring to serve the interests of truth, 1. Resolves that, after the President of the General Assembly has received an indication from all the governments and authorities con- cerned of their acceptance of the investigation proposed in the present & Commission, composed of Brazil, Egypt, Pakistan, Sweden and Uruguay, shall be set up and shall carry out immediately an investigation of the charges that have been made; 2. Calls upon the governments and authorities concerned to enable the Commission to travel freely throughout such areas of North and not such charges, ON no Ons and cal resolution, Re- DIS, 111- 786 aft of 20A (A/2361/Add.1), p. 4 UiN. General Assembly, Official Records, Seventh Session, Supplement No. * Supra. 2670 AMERICAN FOREIGN POLICY, 1950–1955 COI 1 ( ceptance of the investigation by all the governments and authorities mission freedom of access to such persons, places and relevant docu- ments as it considers necessary for the fulfilment of its task and to rep allow it to examine any witness, including prisoners of war, under such safeguards and conditions as the Commission shall determine : Na all prisoners of war who are alleged to have made confessions regarding the use of bacteriological warfare shall, prior to examination by the Commission, be taken to a neutral area and remain under the responsi- bility and custody of the Commission until the end of the Korean hostilities; 3. Requests the President of the General Assembly to transmit the present resolution immediately to the governments and authorities concerned, requesting them to indicate their acceptance of the investi- gation proposed in the present resolution; 4. Requests the President of the General Assembly to report to the General Assembly at the earliest practicable date on the results of his efforts; 5. Directs the Commission, when set up, to enlist the aid of such scientists of international reputation, especially epidemiologists , and such other experts as it may select; 6. Directs the Commission, after acceptance of the investigation proposed in the present resolution by all the governments and authori- ties concerned, to report to the Members of the General Assembly through the Secretary-General as soon [as] possible and no later than 1 September 1953; 7. Requests the Secretary-General to furnish the Commission with the necessary staff and facilities. 80. COMMUNIST FAILURE TO REPLY TO OFFER OF UNITED NATIONS INVESTIGATION OF GERM WARFARE CHARGES: Report by the President of the United Nations General Assembly," July 28, 1953 2 18 In accordance with its terms, resolution 706 (VII) of 23 April 1953 on the “Question of impartial investigation of charges of use by United Nations forces of bacterial warfare” was duly communicated to the Governments of the United States of America, of the People's Demo- cratic Republic of Korea, of the People's Republic of China, of the Republic of Korea, and of Japan, with the request that they indicate their acceptance of the investigation proposed in the resolution . The commission of investigation which was to be set up upon, ac E t I 2 U.N. General Assembly, a Official Records, Eighth Session, Agenda Item 24 Annexes (A/2426), July 28, 1953, pp. 1-2. 3 Supra. . 1 KOREA 2671 ean 101 Government is prepared to render every practicable assistance to cu concerned has not been established as, to date, only the following three I to replies have been received: der 1. The representative of the United States of America to the United ine: Nations, in a note dated 1 May 1953, replied as follows: ing "The representative of the United States of America to the United the Nations presents his compliments to the Secretary-General of the usi- United Nations and, with reference to note SCA/459/6/01 dated 24 April 1953, has the honor to inform the Secretary-General that the United States of America accepts the investigation proposed in the the resolution adopted by the General Assembly under item 73 of its ties agenda, entitled 'Question of impartial investigation of charges of sti- use by United Nations forces of bacterial warfare'. "In accordance with paragraph 2 of the resolution, the United the his States of America, in its capacity as the Unified Command, after the Commission is set up will issue instructions to the United Nations Command to accord to the Commission for the performance Ich of its task the various appropriate facilities within the competence und of the United Nations Command. The United States of America will issue similar instructions to the Commander in Chief, United States Forces in the Far East". ori- 2. The Minister for Foreign Affairs of the Republic of Korea, in a bly cablegram dated 13 May 1953, replied as follows: “I have the honour to acknowledge receipt of your radiogram th dated 27 April regarding a resolution entitled Question of impartial investigation of charges of use by United Nations forces of bacterial warfare”, adopted by the General Assembly of the United Nations at its 428th plenary meeting on 23 April 1953. “I also have the ħonour to inform you that the Government of the ED Republic of Korea willingly accepts the investigation proposed in the S: resolution and will co-operate in regard to the provisions of para- 1, graph 2 of the resolution" 3. The Minister for Foreign Affairs of Japan, in a cablegram dated 18 May 1953, replied as follows: "Have the honour to acknowledge the receipt of your Excellency's telegram transmitting the text of the resolution entitled Question che of impartial investigation of charges of use by United Nations forces of bacterial warfare', with the request that the Japanese Govern- he ment indicate its acceptance of the investigation proposed in the resolution. To co-operate with the United Nations, the Japanese BC- throughout such areas of Japan as it may deem necessary in the performance of its task, its free access to such persons, places and relevant documents as it considers necessary for the fulfilment of 24 its task and its examination of any witness” an 1 33 ed 10- 10- ite )n. les 2672 AMERICAN FOREIGN POLICY, 1950-1955 2 SE W 8 u 8 01 also letter from Ambassador Henry Cabot Lodge, Jr., U.S. Representative at the United Nations, to the Secretary-General, dated Oct. 26, 1953 (Department 1953, containing statements from U.S. fliers repudiating germ warfare confessions 8 See statement of Oct. 26, 1953, by Charles W. Mayo, U.S. Representative in the General Assembly, in Department of State Bulletin, Nov.9, 1953, pp. 641-647 81. DISCUSSION OF GERM WARFARE CHARGES IN THE EIGHTH UNITED NATIONS GENERAL ASSEMBLY: State . F ment by the United States Representative,' November 3, 1953 C The objective of the United States in the discussion of this item was I to bring the truth before the world so that these dreadful things would never happen again. Two main events have taken place since the General Assembly last April passed its resolution calling for an im- partial investigation of the charges of use by the United Nations forces th of bacteriological warfare. The first event was that the Republic of Korea and Japan indicated their acceptance of the investigation. The Chinese and North Korean Communists did not reply to the communi- cation of the President of the Seventh General Assembly on this subject. The second event related to certain materials introduced by the Soviet Union in connection with the debate on this item in the Seventh General Assembly. I am referring to the so-called "confes- sions” of six American Aiers that they had waged bacteriological warfare over North Korea and China.5 These fliers had been repatriated and had indicated their so-called "confessions" were obtained under coercion and torture. My Govern- ment brought this to the attention of the Committee and also indicated to the Committee the significance of the entire bacteriological warfare campaign in relation to the general political tactics of worldwide Communist imperialism. Since the resolution of the Seventh General Assembly is still opera- tive, my Government saw no occasion for any further resolution on the subject. An impartial investigation can be conducted pursuant ! to that resolution, any time that the Chinese or North Korean Com- munists indicate their willingness to cooperate. The Soviet Union, however, introduced into the Committee dis cussion a resolution calling upon all states which have not accede to or ratified the Geneva Protocol of June 17, 1925,8 for the “prohibi- tion of use of bacteriological weapons to accede to the Protocol or ratify it." This Soviet resolution was properly described in the Committee as a 'red herring,” totally irrelevant to the question which h the Committee was discussing. It was pointed out that the sole motive of the action of the Soviet Union was to cast an aspersion on my Government and thus divert attention from a debate which it could not win. 1 Henry Ford II. 2 Department of State Bulletin, Nov. 30, 1953, pp. 758-759. 3 Res. 706 (VII), supra, doc. 79. 4 . 6 U.N. docs. S/2802 (Oct. 1, 1952) and A/C.1/L.28 (Mar. 12, 1953) th to 7 U.N. doc. A/C.1/L.67, Oct. 26, 1953. 8 League of Nations Treaty Series, vol. 94, p. 65. 6 ex ୩ 8] C 81 CE ap M KOREA 2673 2 orces uced Jern- ated to Communist jurisdiction shall be set free in South Korea, or, in the 3 Department of State Bulletin, July 20, 1953, pp. 72–73. The Governments of the United Kingdom, Canada, Colombia, THE tate: France, and New Zealand introduced into the Committee, and the Committee accepted, a proposal' to refer to the Disarmament Com- mission the draft resolution of the Soviet Union. My Government supported this resolution in the Committee and will vote for it today. 1 18 The entire question of the elimination of bacteriological warfare as jould well as of other major weapons of mass destruction properly belongs 2 the in the Disarmament Commission. The Soviet Union has reintroduced im into the General Assembly the same resolution which it presented to the Committee. The adoption by this Assembly of the resolution lic of approved in the Committee in the view of my Government will make The unnecessary a vote on the Soviet resolution. juni I sincerely hope that the debate on this matter has established to this the satisfaction of all members of the General Assembly that these frightful charges of the use of bacteriological warfare by U.N. forces the nfes- Korea are totally unfounded and are false. I further hope that all states will consider thoroughly the significance of such a campaign gical of falsehood in relation to the broader subject of the political tensions alled now engulfing the world, rfare G. EFFORTS TO REACH A POLITICAL SETTLE- MENT IN KOREA, 1953-1955 uant 82. COMMON OBJECTIVES WITH RESPECT TO KOREA: Joint Com Statement Issued at Seoul by the Assistant Secretary of State for Far Eastern Affairs 2 and the President of the Republic of Korea, dis- July 11, 1953.3 nibi- During the past 2 weeks we have had many frank and cordial de exchanges of views which have emphasized the deep friendship hich existing between the Republic of Korea and the United States and sale have gone far toward achieving mutual understanding of the troubled questions which have arisen in connection with arrangements for an | armistice , the exchange of prisoners, and the forthcoming political These discussions have cemented our determination to continue and extend in the postarmistice period the close collaboration for our common objectives, marking our relations since the Communist aggression commenced 3 years ago. mination that no prisoners shall be subject to coercion and that, at respect to the prisoners of war, we have reaffirmed our deter- the end of the specified period, all prisoners desiring to avoid returning Win. doc. A/C.1/L.68, adopted by the General Assembly on Nov. 3, 1953. For further infor- wide Derg- n OD eded the 00 shit conference. See e at ment 26, ONS 647. ? Walter S. Robertson. 415900_57_-Vol. 2 -65 2674 AMERICAN FOREIGN POLICY, 1950-1955 tre 001 tor case of the non-Communist Chinese, to proceed to a destination chosen by them. Our two Governments are in agreement in respect to entering into a mutual-defense pact, negotiations for which are under way. We have likewise discussed collaboration along political, economic , and defense lines, and our conversations have disclosed a wide ares of agreement concerning these matters. In particular, we wish to emphasize our determination to work together for the realization within the shortest practical time of our common objective; namely, a free, independent, and unified Korea. We are confident that the spirit of accord in which our talks have progressed, and the large areas of agreement which have resulted, will be followed by continuing mutual consideration and by the spirit of mutual accommodation which will lead most certainly to our broad objective of a secure and lasting peace in the Far East , qu SIE ke 8C ex be ter ati 83. UNDERSTANDING RESPECTING A POLITICAL CONFER. ENCE ON KOREA: Statement by the Secretary of State at a News Conference, July 28, 1953 1 fo at to an Asked about reports that the United States had agreed with President Syngman Rhee to withdraw from the Korean political conference after th 90 days of the convening of that conference, Secretary Dulles said: I think that what there is to say has already been said, but I will be glad to try to make it clearer. 'We have agreed through Assistant KE Secretary Robertson that if after 90 days it seems that the conference is a sham and unproductive and is being availed of by the Communists as a cover for carrying on subversive activities in Korea, we would for join with President Rhee in walking out of the political conference . We will make our own decision on this as the conference progresses . fac We have made it clear to President Rhee, however, that we would not automatically resume war at that time. It was made clear to him that the question of what, if anything, we would do would be 8 matter for discussion and agreement at that time in the light of the surrounding circumstances. pu sta t VAI COI tio, peg 181 İ bec ach 84. POST-ARMISTICE UNITED STATES-KOREAN POLICY: eko Joint Statement Issued at Seoul by the Secretary of State and they the President of the Republic of Korea, August 8, 1953 ? Our friendly and understanding consultations demonstrate clearly the determination of the United States and the Republic of Korea to stand together in cordial cooperation to achieve our common oben 8h8 jectives, including the reunification of Korea. | Department of State Bulletin, Aug. 10, 1953, pp. 176-177. 2 Ibid., Aug. 17, 1953, pp. 203–204. con of { the CO KOREA 2675 rea to ews CY: exchange of views which we hope and trust will establish a prepara- becomes clear to each of our Governments that all attempts to is being exploited by the Communist delegates mainly to infiltrate, achieve these objectives have been fruitless and that the conference shall then be prepared to make a concurrent withdrawal from the propagan dize, or otherwise embarrass the Republic of Korea, we of a unified, free, and independent Korea which is the postwar goal conference. We will then consult further regarding the attainment the United States set itself during World War II, which has been ac- 1on We have today initialed a draft of a mutual defense treaty. That treaty is designed to unite our nations in common action to meet ato common danger and it will cement the ties which have brought us together to combat in Korea the menace of Communist aggression. nic , Our two Governments will actively proceed with the constitutional processes necessary to bring this treaty into full force and effect, These constitutional processes, in the case of the United States, re- ork quire that the U.S. Senate consent to the ratification. The U.S. our Senate , having adjourned this week, will not again be in regular ses- sion until next January. However, U.S. Senate leaders have been ave kept fully informed of the exchange of views which have led to the action we have taken today and it is our sincere hope that this will the lead to prompt and favorable U.S. Senate action. Between now and the date when the mutual defense treaty can be este expected to come into force and effect, our armed forces in Korea will be subject to the U.N. Command which will comply with the armistice terms. If, during this period, there should occur unprovoked armed CR attack by the Communist forces against the Republic of Korea in violation of the armistice, the Unc, including the Republic of Korea forces, would at once and automatically react, as such an unprovoked attack would be an attack upon and a threat to the Unc itself and to the forces under its command. Such reaction to an unprovoked cent armed attack would not be a new war but rather a resumption by ter the Communist forces of the active belligerency which the armistice has halted. The UNC will be constantly alert against such an attack. vill Our Governments will promptly negotiate agreements to cover the status of such forces as the United States may elect to maintain in Korea after the mutual defense treaty comes into force and effect, and the availability to them of Korean facilities and services needed for the discharge of our common task. In the meantime, the Re- public of Korea will continue to cooperate with the Unc and the status of Unc forces in Korea and the availability to them of Korean uld facilities and services will continue as at present. to The armistice contemplates that a political conference will be con- Tened within 3 months, that is, prior to October 27, 1953. At that the conference the U.S. delegation, in cooperation with the Rok delega- tion and other delegations from the Unc side, will seek to achieve the peaceful unification of historic Korea as a free and independent bation. We and our advisers have already had a full and satisfactory and | lry foundation for coordinated effort at the political conference. I, after the political conference has been in session for 90 days, it ob ant ce sts ald .ce. ses. e i Ily to 2676 AMERICAN FOREIGN POLICY, 1950–1955 C. 4 I { 1 step has thus been taken towards the full restoration of international 2. Reaffirms that the objectives of the United Nations remain the cratic Korea under a representative form of government and the full 1 U. N. General Assembly, Official Records, Seventh Session, Supplement No cepted by the United Nations as its goal and which will continue to be an object of concern of U.S. foreign policy We recognize that the Republic of Korea possesses the inherent tha right of sovereignty to deal with its problems, but it has agreed to tio , take no unilateral action to unite Korea by military means for the the agreed duration of the political conference. thr We contemplate that the projected 3 to 4 year program for the re habilitation of the war-ruined Korean economy shall be coordinated by through the combined economic board, under the joint chairmanship of the Korean and American representatives. This program con- the templates the expenditure of approximately one billion dollars of funds, subject to appropriations thereof by the U.S. Congress. The hundred million dollars has already been authorized, out of pro- spective defense savings. We have exchanged preliminary views with respect to various problems involving the maintenance and development of Rok land , air, and sea forces. We feel confident that the relationship thus established between our two Governments marks an important contribution to the de veloping of independence and freedom in the Far East. With un- shaking faith in the principle of collective security, and with loy! adherence to the Charter of the United Nations, we intend to move forward together toward the achievement of our common objective- the restoration of a unified, democratic, and independent Korean nation. There are no other agreements or understandings stated or in- plied resulting from these consultations other than those herein contained. 85. CONVENING OF A POLITICAL CONFERENCE ON KOREA: Resolution 711 (VII) of the United Nations General Assembly , August 28, 1953 ret A Sts IMPLEMENTATION OF PARAGRAPH 60 OF THE KOREAN ARMISTICE AGREEMENT The General Assembly 1. Notes with approval the Armistice Agreement concluded in Korea gre on 27 July 1953, the fact that the fighting has ceased, and that a major peace and security in the area; the restoration of international peace and security in the area; 2 P& it. for Re 20 B (A/2361/Add. 2 3 Agreement of July 27, 1953; supra, pp. 724–750. (V KOREA 2677 Records, Eighth Session, Supplement No. 14) and General Assembly Res. 725 (VIII), Dec. 7, 1953 (ibid., Supplement No. 1 (A/2630), p. 12). ue to erent 1 le le- CON- Veen 3. Notes the recommendation contained in the Armistice Agreement that “In order to ensure the peaceful settlement of the Korean ques- ed to tion , the military Commanders of both sides hereby recommend to r the the governments of the countries concerned on both sides that, within three (3) months after the Armistice Agreement is signed and becomes effective , a political conference of a higher level of both sides be held nated by representatives appointed respectively to settle through negotia- nshiption the questions of the withdrawal of all foreign forces from Korea, the peaceful settlement of the Korean question, etc."; rs of 4. Welcomes the holding of such a conference; TWO 5. Recommends that: pro- (a) The side contributing armed forces under the Unified Com- mand in Korea shall have as participants in the conference those rious land, among the Member States contributing armed forces pursuant to the call of the United Nations which desire to be represented, to- gether with the Republic of Korea. The participating govern- de- ments shall act independently at the conference with full freedom of action and shall be bound only by decisions or agreements to which they adhere; Loga (b) The United States Government, after consultation with the other participating countries referred to in sub-paragraph (a) above, shall arrange with the other side for the political conference to be held as soon as possible, but not later than 28 October 1953, at a place and on a date satisfactory to both sides; (c) The Secretary-General of the United Nations shall, if this is agreeable to both sides, provide the political conference with such services and facilities as may be feasible; (d) The Member States participating pursuant to sub-paragraph (2) above shall inform the United Nations when agreement is ables reached at the conference and keep the United Nations informed at other appropriate times; 6. Reafirms its intention to carry out its programme for relief and rehabilitation in Korea, and appeals to the governments of all Member States to contribute to this task. B un- nove VO rean im- erem The General Assembly, ajor ong] Having adopted the resolution entitled "Implementation of para- Dragraph 60 of the Korean Armistice Agreement” Recommends that the Union of Soviet Socialist Republics partici :- pate in the Korean political conference provided the other side desires IV. the mo full The General Assembly C No. Bequests the Secretary-General to communicate the proposals on the Korean question submitted to the resumed meetings of the sev- e dhe period Sept. 15, se sept. 190.91953 (U.. General Assembly, Oficial i Se Report of the Agent-General of the U.N. Korean Reconstruction Agency 2678 AMERICAN FOREIGN POLICY, 1950-1955 ( Korea and are currently familiar with its problems, shall be invited 1 See General Assembly Res. 705 (VII) of Apr. 18, 1953; U.N. General As- sembly, Official Records, Seventh Session, Supplement No. 20A (A/2361/Add. 1), 8 In presenting this proposal Ambassador Dean said: “Some of the govern- ments on our side may not actually attend the political conference. I understand from unofficial information that it is the present intention of the Government of the Union of South Africa not to attend. There may be one or two others who do not join in this offer or who will not care to attend the Conference for one reason enth session and recommended by the Assembly, together with the records of the relevant proceedings of the General Assembly, to the Central People's Government of the People's Republic of China and to the Government of the People's Democratic Republic of Korea and to report as appropriate. 86. COMPOSITION OF AND ARRANGEMENTS FOR A POLITI . ÇAL CONFERENCE ON KOREA: Proposals Submitted by the Deputy to the Secretary of State at the Conference Preparatory Talks at Panmunjom, December 8, 1953 ? I. Composition and place of the political conference. 1. The political conference shall take the form of a conference on an equal footing between the two sides referred to in paragraph 60 of the armistice agreement. The two sides participating in the political conference shall have plenary authority as to its proceedings. 2. The political conference shall have as voting participants: Aus- tralia, Belgium, Canada, Colombia, Democratic People's Republic of Korea, Ethiopia, France, Greece,' Luxembourg, Netherlands, New Zealand, People's Republic of China, Philippines, Republic of Korea, Thailand, Turkey, Union of South Africa, Union of Soviet Socialist Republics, United Kingdom, and United States of America. 3. All decisions of the political conference shall be deemed to have been reached by agreement among the voting participants on the two sides referred to in the armistice agreement and the USSR, only if decision has received the affirmative vote of both sides and the USSR at the political conference. All decisions shall be binding upon each signatory government. Each side shall determine its own procedure as to the manner in which it will signify concurrence or non-concut- rence in decisions. Each voting participant shall be bound only by the specific agree . ments to which it adheres. 4. In consideration of their responsibilities in connection with the stabilization of the armistice and consequent concern in a settlement in Korea, and to promote the smooth progress of the political conference, some or all of the governments whose nations are now actually working there or who have current experience in 2 Department of State Bulletin, Dec. 21, 1953, pp. 877–878. 1 0 peaceful ܪܚܒܝ ) r 8 8 pp. 3-4. S I or another." [Footnote in Bulletin.] KOREA 2679 orea 1 an Korean, and Chinese. The English, Korean, and Chinese texts of all resolutions and documents of the political conference shall be equally authentic. Representatives of the governments invited by the two the by both sides to attend and take part in the political conference with- I the out vote on either of the two sides. and The governments so invited shall be entitled to express their views in plenary sessions or committee meetings on any item on the agenda agreed upon by both sides when that item is under discussion by agreement between the two sides, and in accordance with the schedul- ing of debate and speeches acceptable to both sides. On this basis the invited governments may participate in the dis- ITI. cussion in the political conference. In view of the responsibilities of the the two sides for reaching agreement, the invited governments shall tory not introduce formal motions or proposals. 5. The political conference shall be convened at Geneva, Switzer- land. II. Time of the political conference. 6. The political conference shall be convened not less than 28 nor the more than 42 days after the termination of these preliminary talks. tical III. Procedural matters of the political conference. fus. c of 7. The agenda of the political conference shall be determined on the basis of the armistice agreement by unanimous agreement between Jew both sides at the political conference as its first order of business after its opening and initial organization. 8. Each government represented at the political conference shall be limited to one representative at the conference table with the right to speak. Each representative as designated in the official list of the political conference shall be entitled to appoint a deputy to sit in his absence, due notification being given to the other side. 9. The rules of procedure shall be decided by unanimous agreement between the two sides and shall include regulations for the conduct of meetings, order of speaking, order of items, and scheduling of the opening and closing of debate. 10. The order and timing of debate, and the schedule of speeches and items for discussion shall be determined by unanimous agreement between the two sides. No representative shall be permitted to speak the on any topic not on the agenda and then only in the order on the the 11. The political conference shall establish such committees or subor- dinate bodies as are agreed between the two sides. in 12. The official languages of the political conference shall be English, rea, alist 18үе two SSR -ach lure sur ree eful agenda. ted AS. 1), sides may bring their own interpreters to participate in the conference. 13. Sessions of the political conference shall be held daily, except 14. Except as determined by unanimous agreement between both sides, sessions of the political conference shall normally be closed to the Sundays and t of who public. SODI 2680 AMERICAN FOREIGN POLICY, 1950–1955 ACC sese 10 Each side shall be entitled to issue communications to the press cold following the sessions of the conference. The conference may meet in executive sessions if both sides agree , each side being free to propose the end of such sessions at any time . Neither side shall issue any communication to the press following executive sessions, except as agreed to by both sides. me IV. Administrative arrangements for the political conference. tre RE 15. The Secretary-General of the United Nations shall be invited to Ge furnish the joint secretariat for the political conference proceedings Ju and facilities for simultaneous interpretation. This shall not restrict each side, or each government represented, from having such separate secretariat, at its own expense, as it may deem necessary. 16. Before each side shall designate representa- tives to meet at Geneva, Switzerland, together with a representative whom the Secretary-General of the United Nations shall be invited to designate, to prepare recommendations for the consideration of the th political conference with regard to: (a) Rules of procedure, (b) Manner of determining the expenses to be shared equally by the two sides, and FO (c) Related administrative and procedural matters. Their recommendations shall be subject to ratification at the P- political conference by the unanimous agreement of both sides, V. Expenditures of the political conference. bi 17. Expenditures of each delegation to the political conference shall be borne by each government itself. All joint expenses, such as cost of the conference buildings, joint secretariat, and other joint adminis trative expenses shall be charged on an equal basis to the governments of the two sides. Done at Panmunjom, Korea, at hours on the December 1953, in English, Korean, and Chinese, all texts being equally authentic. sem 01 $0 to W 0 0 day of li 87. BREAKDOWN OF THE KOREAN POLITICAL CONFER- ENCE PREPARATORY TALKS: Address by the Deputy to the Secretary of State, December 21, 19532 As the Special Envoy appointed by President Eisenhower and Secretary of State Dulles , I am reporting to the American people tonight on my 7 weeks' attempted negotiations at Panmunjom Korea, with the delegates from Red China and Communist North Korea'in an effort to bring about an early convening of the Korean peace conference. m 1 2 Made" over radio and television networks; Department of State Bulletin Jan. 4, 1954, pp. 15–17. KOREA 2681 1 See supra, docs. 66-68. a Annexed to the Korean Armistice Agreement, supra, pp. 743–748. ) ' Bio The Communists usually introduce false premises, exaggerations, * morations of fact, distortions of the truth, and completely false accusations for propaganda purposes to mislead and to divert. These talks were no exception. At the meeting on December 10, 1953, in an uninterrupted 534-hour & session, the Chinese delegate, Huang Hua, after several warnings from me accused the United States of America of perfidy or deliberate treachery in connection with the release of prisoners by President Rhee of the Republic of Korea on June 17-18 1 after Lieutenant General Harrison had signed the terms of reference for prisoners on $ June 8, 1953. it My Government has never been guilty of perfidy and pray God je it never shall. I told him that his statement was false--that my Government was not guilty of perfidy and unless he withdrew the charge I would treat the meetings as in indefinite recess. He repeated the charge. And 0 withdrew in protest. To my mind it is quite sufficient. If I had not, le the Communists would have broadcast far and wide that a repre- sentative of the United States Government had admitted the charge of perfidy. President Rhee said to me, "We salute you, Mr. Dean, for the stand you took to teach the Soviets that they cannot all the time throw in- sults at the United States of America and get away with them.” Tonight I shall explain to you what we were talking about at 10 | Panmunjom and why, and where we go from here. In our preliminary talks with the Communists we were endeavoring to bring about the political or peace conference for Korea called for by paragraph 60 of the Armistice Agreement. 11 purpose of the political conference originally scheduled for October 28 is "to settle through negotiation the questions of the withdrawal of all foreign forces from Korea, the peaceful settlement * of the Korean question, etc.” The Korean question is the unification of a free, independent, and democratic Korea. The nations I represented at these preliminary talks consisted of the 17 nations contributing troops to the United Nations Command, including the United States of America and the Republic of Korea. The other side consisted of Red China and Communist North Korea. Not present, but really there, was the U.S.S.R., which, as everyone knows, actually instigated the aggression in Korea in June 1950. you know, through the noble and persistent efforts of President Eisenħower, the Armistice Agreement was signed by both sides on July 27, 1953, and was designed to bring about "a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved." The fighting and the bloodshed and the destruction have been If the political conference is not held, does that mean bostilities will The f 1 I As stopped. 2682 AMERICAN FOREIGN POLICY, 1950-1955 V TE t? ma to a1 1 W CE SE We have said the U.S.S.R. can attend provided the be resumed? No-it does not. The armistice agreement provides al that it shall remain in effect until expressly superseded. Will the Communists resume hostilities? I do not think so. The destruction in North Korea is indescribable. Whole villages have been wiped out, power stations have been destroyed, and factories roads, farmhouses, and public facilities are in ruins. The Com- munists took a terrific beating. We stopped the tide and timetable of Red aggression. it Posters all over North Korea depict peace, and children releasing white doves. The emphasis is on civilian building. The construction of huge concrete bunkers and tunnels in the north leads us to believe they have no wish to resume hostilities but are preparing to hold T the north. C Will President Rhee unilaterally resume hostilities? In my judg- ment the answer is "no." aj President Rhee is an indomitable fighter for a free, united, and democratic independent Korea. Those are our objectives and of the it United Nations. We admire his patriotism and courage and his fight against communism tremendously. We have signed the armistice and are determined to keep it. On August 7, 1953, President Rhee and Secretary Dulles signed a joint ti communiqué 1 in which President Rhee agreed to leave his troops under the United Nations Command and to take no unilateral action until 11 the mutual defense pact might be expected to come into operation next spring if approved by the Senate. In view of his talks with Secretary Dulles, Assistant Secretary of State Robertson, and Vice President Nixon and my many talks with him on this subject, I b believe President Rhee will take no unilateral action. What is the argument all about? Why can't we and the Com- munists agree on the time, place, and composition of the conference ? Time and place are relatively easy. As to time, we are to any date so long as there is adequate time to prepare the necessary facilities, transport the delegations, etc. As to place, we say Geneva, , the Communists say New Delhi, and we could probably agree on b Beirut, or Colombo or Kandy or Nuwara Eliya in Ceylon. The meat of the coconut is the composition. Who will attend the conference—who will be bound by agreements reached? Can w bring about unification of Korea and the withdrawal of foreign forces ? With regard to composition, although the armistice does not so provide, the other side proposed we should invite five neutrals , including the U.S.S.R. as one of them, with the same rights to partic pate in the discussions and to vote as the nations on the two sides . They include the U.S.S.R. among these truly neutral nations pre sumably to hide her aggression in Korea. The U.S.S. R. cannot be classified with such truly fine neutrals as Burma, India, Indonesia , other side wants her. it would be desirable to have her at the conference and to know her It is readily apparent why the U.S.S.R. is not a neutral and why mi 9 W agreeable e U n 8 1 See supra, doc. 84. KOREA 2683 2 See supra, doc. 85. lave leve ance with resolution 5 (b) adopted by the United Nations General does not elect to be bound by her vote on that particular item. This ides attitude on each agenda item at the conference—whether she agreed with the other side and whether she will be bound by any agreements The reached. Why do the Communists want neutrals? The Communists think ries , they can stir up trouble for us with India by nominating her as a om- neutral at the conference. They want well-intentioned people to able believe that the Government of the United States does not like India, its great leader, or its freedom-loving people, which is fantastic. sing Let me here pay tribute to a great military man, a great humani- tion tarian, and a man combining superb common sense with patience and a warm friendly feeling for the helpless prisoners of war-General nold Thimayya of India, Chairman of the Neutral Nations Repatriation Commission. I believe that General Thimayya is in full sympathy idge with our desire to observe the unalterable clockwork timetable of the agreement for the release of the prisoners of war. end If the political conference is in session December 22 to January 22, the it can discuss until that date but no longer the disposition of prisoners ght who have not elected repatriation to the country of their origin. It cannot discuss that question longer than January 22. If it is not in On session that does not affect by one jot the automatic operation of the vint time schedule for the release of prisoners. der On midnight, January 22, unless both sides ask them to remain, atil the Indian forces will withdraw and the prisoners will be assisted to a ion neutral country. We have assured General Thimayya our side will ith not so request. I think there is reason to hope that there will be no action either by the Communists or the Republic of Korea to cause bloodshed and that the prisoners will revert to civilian status on January 22 without difficulty or trouble. ce? To stop the other side's byplay as to neutrals and to further the ble early convening of the conference, our side has put forward an overall ry constructive proposal for the participation at the conference of Ta, neutrals as nonvoting observers on the items on the agenda as agreed between the two voting sides and in the order of discussion as agreed upon.'. This would permit India and the others to participate as he nonvoting observers and to discuss items on the agreed agenda and in the agreed order. If an item is not on the agenda it cannot be S? discussed. Nor can items be brought up out of their agreed order. Except for the other side's insistence on the U.S.S.R. participating is, of a neutral, and ironing out the particular neutrals to participate which really constitutes no fundamental difficulty, we have fully met the other side on this question as to the participation of nonvoting observers and their rights at the conference and voting procedures. As to voting, each side votes as a unit. But any nation, in accord- Assembly on August 28, 1953, can announce before the voting she ly ice I 011 we SO S. be be live de should facilitate agreement. or 1 See supra. 2684 AMERICAN FOREIGN POLICY, 1950-1955 81 11 TE -slavery or freedom-is fundamental. There is no easy formula The other side insists that talk continue and that there should be no voting until all nations on each side are bound. If any one nation's vote, as a practical matter, is really needed-for example, unification of Korea or withdrawal of foreign forces--this would, as a practical matter, have to be worked out before voting took place; so really we are not too far apart. Thus we may have to have some agreement as to the territorial integrity of Korea and agreement to insure that the troops withdrawn across the northern border will not return or that other troops K will not cross the border when we withdraw pursuant to some agree-B ment to be worked out for phased withdrawal of troops at the peace conference. Do I feel there still is a good chance for a true Korean peace, or has Panmunjom demonstrated the futility of a Korean political confer- ence? I do believe the Chinese Communists are determined to keep North Korea politically and economically integrated into their own economy. The outlook is discouraging but by no means hopeless D There is no easy, pat solution. It will take all the brains, energy to resolution, and patience at our command. d Communists are in no hurry. They have no timetable. They think time is on their side and that Americans, being optimistic, friendly, truthful, constructive, and inclined to believe and to hopeb for the best, will become discouraged. S They believe that at a long, drawn-out conference the American R negotiators will be forced by American public opinion to give in, order to have a "successful" conference. Impatience mounts as no progress is reported. People ask, “What progress did you make th today?" The Communists know this and burn bonfires under the America negotiators and utter rude, insulting, arrogant demands that the American negotiators stop their unconstructive, stalling tactics. The Communist press is completely government-controlled. Our is free and pray God it ever shall be. The Communists can plar and talk and vote as a unit. We must marshal facts, argue , and convince the individual nations on our side. I wouldn't have it otherwise. But sometimes it's tough to see your best play spilled before it gets off the ground because someone has unintentionally revealed the signals. As against that, consider how much better off we would be today if the secret agreements with respect to China, Manchuria, and the U.S.S.R. had never been entered into at Yalta without notice to Nationalist China or to the American public. The issue between us and the U.S.S.R. and the Chinese Commu- nists which can either hide it or solve it. We are fighting to free the minds and souls of men from communism and we in the free world must stand together in this great fight . It is not a fight of left against right. It is a fight for the human dignity of man as a creature of God against the Communist doctrine that he has no value except as the state desires to use him. W TE 8 r KOREA 2685 (Department of State publication 5399; 1954), pp. 221--222. The substance of this resolution was incorporated in the quadripartite communiqué of the Berlin Conference, Feb. 18, 1954; supra, pp. 2372–2373. * The Korean Problem at the Geneva Conference, April 26-June 15, 1954, pp. 45–53. 100 we 11 ace ! be n's 88. RESOLUTION ON THE HOLDING OF A FAR EASTERN CONFERENCE AGREED TO BY THE FOREIGN MINISTERS ical OF THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND THE SOVIET UNIONI AT THE BERLIN FOREIGN MINISTERS CONFERENCE, FEBRUARY 18, 19542 rial The Foreign Ministers of the United States, France, the United Op Kingdom, and the Union of Soviet Socialist Republics, meeting in Met Berlin, Considering that the establishment, by peaceful means, of a united and independent Korea would be an important factor in reducing 189 international tension and in restoring peace in other parts of Asia, er- Propose that a conference of representatives of the United States, Lep France, the United Kingdom, the Union of Soviet Socialist Republics, the Chinese People's Republic, the Republic of Korea, the People's sk . Democratic Republic of Korea, and the other countries the armed forces of which participated in the hostilities in Korea, and which desire to attend, shall meet in Geneva on April 26 for the purpose of preaching a peaceful settlement of the Korean question; IC Agree that the problem of restoring peace in Indochina will also pe be discussed at the conference, to which representatives of the United States, France, the United Kingdom, the Union of Soviet Socialist Republics, the Chinese People's Republic, and other interested states . It is understood that neither the invitation to, nor the holding of, ke the above-mentioned conference shall be deemed to imply diplomatic recognition in any case where it has not already been accorded. wn 20 in will be invited. 20 2.1 ne T'S 89. ESTABLISHMENT OF A UNITED AND INDEPENDENT KOREA: Statement by the Secretary of State at the Geneva Conference on Korea and Indochina, April 28, 1954 3 d it ed J e 0 We are here to establish a united and independent Korea. It may be given us to write a new page in what has been a tragic history, The people of Korea for centuries lived together as one nation, and together they have long endured foreign subjugation and aggression. They have sought to be united in freedom and independence. This is 4 right which no nation or group of nations can legitimately deny The United States has come here with the Republic of Korea and with the other governments whose armed forces came to Korea's John Foster Dulles, Anthony Eden, Georges Bidault, and Vyacheslav M. * Poreign Ministers Meeting: Berlin Discussions, January 25-February 18, 1954 them. ៗ Molotov. 1 B 2686 AMERICAN FOREIGN POLICY, 1950-1955 W 1 th el to 091 2 See General MacArthur's Order No. 1 of Sept. 2, 1945; The Political Reoriento- 3 Statements of Apr. 27, 1954; The Korean Problem at the Geneva Conference, assistance, in a renewed and determined effort to aid the Korean people d to realize their reasonable and rightful aspirations. Why does Korea remain divided? The 1943 Declaration of Cairo promised that victory over Japan would be used to make Korea "free and independent." But that has not happened. The present phase of Korea's martyrdom goes back to August Then the United States, which had for four years borne the burden of the Japanese War, agreed that the Soviet Union might T move into Manchuria and Korea north of the 38th parallel, in order Nati to accept there the surrender of the Japanese. But the Soviets , having gotten into North Korea for one purpose, stayed on for another only purpose. Their goal has been, directly or through puppets, to turn tras North Korea into a satellite state and, if possible, to extend their rule min throughout all Korea. In so doing, they have consistently defied thes agreements with their former allies, and also the collective will Rus represented by the United Nations. T It is important that we should constantly have in mind that what on is here at stake is not merely Korea, important as that is; it is the and authority of the United Nations. The United Nations assumed pri- port mary responsibility for establishing Korea as a free and independent tury nation. It helped to create the Republic of Korea and nurtured it. fied When aggressors threatened the Republic of Korea with extinction , Net it was the United Nations which called on its members to go to Korea's with defence. Korea provides the first example in history of a collective security organization in actual operation. If this Conference is disloyal to the United Nations and its decisions, then each of us will bear a share of responsibility for destroying what protects us all. Yesterday, the Delegates of the Republic of Korea and of Colom- bia told eloquently of the mission which the United Nations had assumed in relation to Korea. It is a story that bears repetition, The United Nations first took jurisdiction of the Korean problem in the year 1947. It then created a Temporary Commission for Korea to help organize a government of Korea and to observe the initial elections. The Soviet Union refused to permit the United Nations Commission to have access to North Korea. Elsewhere the Commission functioned as the United Nations had intended. In December 1948 the United Nations General Assembly received the report of its Temporary Commission and it adopted, by a vote of 48 to 6 with one abstention, a resolution which I shall read. The resolution declared: "That there has been established a lawful government (the Governado ment of the Republic of Korea) having effective control and juris- rote 1 Declaration of Dec. 1, 1943; A Decade of American Foreign Policy, p. 22; tion of Japan, September 1945 to September 1948, vol. II, pp. 442-445. pp. 34-39 and 41-45. General Assembly Res. 112 (II), Nov. 14, 1947; A Decade of American Foreign Policy, pp. 677-678. mili initi But bers ing head actid 飢​T畝​伽​毗​姻​吧​删​娜​氏​咖​娜​如​肌​wBw帆​咖​咖​Fi仰​上下​正 ​for 1950 08 KOREA 2687 Res. 498 (V), Feb. 1, 1951; supra, pp. 2608–2609. Korea." I ī 1 1 Session, Part I, Resolutions, pp. 25–27. ? Reports of June 25 and 26, 1950; United States Policy in the Korean Crisis | Department of State publication 3922; 1950), pp. 12 and 21. "Res. 376 (V); supra, pp. 2576–2578. Resolution of June 25, 1950; supra, pp. 2538-2539. diction over that part of Korea where the Temporary Commission was able to observe and consult and in which the great majority of the people of all Korea reside; that this Government is based on elections which were a valid expression of the free will of the elec- torate of that part of Korea and which were observed by the Tem- porary Commission; and that this is the only such Government of The United States, trusting to the moral authority of the United Nations and the Charter undertakings of its members, withdrew its own armed forces from South Korea. That left South Korea with only local forces suitable for maintenance of internal order. In con- trast, the Soviet Union rapidly built up the war power of the Com- munist regime it had installed in North Korea, and on June 25, 1950, these forces launched a full-scale attack, implemented with many Russian-made tanks and planes. The United Nations Temporary Commission, which was present on the spot, and the membership of which included India, instantly and unanimously found that this was armed aggression, and so re- ported to the United Nations Security Council. That Council in tun, by a vote of 9 to 0, with one absence and one abstention, certi- fied to the fact of aggression, and called on the members of the United Nations to help to resist the aggression. Sixteen nations responded with military contributions, and over forty responded with either military or material aid. The small and lightly armed forces of the Republic of Korea were mitially overpowered by the assault. The Communist aggressors quickly occupied all of Korea except a small beachhead at Pusan. But the forces of ROK quickly rallied and the United Nations mem- des gave increasing support. A brilliant military operation, involv- ng a bold landing at Inchon, caught the aggressors off balance, and enabled the United Nations Command to break out of the Pusan beach- bed. The aggressors were routed and destroyed as an effective force. It seemed that the United Nations could now complete its earlier action to unify Korea. Accordingly, on 7 October 1950, the General assembly set up a new body, known as the United Nations Commission for the Unification and Rehabilitation of Korea-initials UNCURK sad usually used to complete the task of the previous Commissioas. The new Commission proceeded to Korea. But the long-sought unification and freedom of Korea was not yet bhe. Another Communist aggression intervened. In November 1950 the Chinese Communist regime sent masses of its armed forces into Northern Korea. The United Nations General Assembly by a bote of 44 to 7, with 9 abstentions, adjudged this intervention to be degression 6 Res. 195 (III), Dec. 12, 1948; U.N. General Assembly, Oficial Records, Third 1 2688 AMERICAN FOREIGN POLICY, 1950–1955 and ter cor quiesced in and the area of suppression must be constantly expanded The United Nations Command was forced to withdraw again to the south of Korea. But again they fought their way back to a point where the aggressors held less territory than when they had committed the initial aggression from the 38th parallel. On 27 July 1953, an Armistice was concluded with the United Nations Command. This was no free-will gift of peace by the Com-But munists. It came only after final fanatical efforts to break the line nist of the United Nations Command had failed with ghastly losses to the thre attackers. It came only after the Communists realized that, unless A there was a quick armistice, the battle area would be enlarged so as to tim endanger the sources of aggression in Manchuria. Then and only then thi did the Communist rulers judge that it would be expedient to sign the Armistice. The Armistice contemplated that there should be a political con- ference with reference to Korea within three months. But the Com- munists found it inexpedient to live up to that agreed recommenda- tion. They desired first to consolidate their position in North Korea has Only now does the Korean Political Conference meet, after long die haggling over its composition and place of meeting. ing The composition and the place of the Conference are precisely those her which the United Nations side proposed six months ago. the This fact enables one to judge where lies the responsibility for the delay. The seven-year story I have summarized is a story of persistent attack against the forces of international law and order represented by the United Nations. Whether this attack will still prevail may be determined by this Conference. During the seven-year period of 1947 to the present time, which I have briefly reviewed in relation to Korea, the Governments of France , Great Britain and the United States have been working with the fre Soviet Union to bring about the unification of Germany and libera- tion of Austria. There have been hundreds of meetings of the For- eign Ministers or their aides on these subjects. Nothing has been accomplished. But something has been learned. This Conference w can usefully have that in mind as we judge the proposals which come before us here. th It seems to us that Soviet Communist conduct has been largely in- K fluenced by fear of freedom. It seems that the Communist ruling class believe that a society is most peaceful and most productive if its members conform to a pat- tern which is prescribed by rulers possessed of absolute power, inherently involves a suppression of freedom, for freedom implies diversity, not conformity, but it is not enough that freedom be sup pressed within what is now the Soviet orbit, because freedom is con- V tagious. Accordingly, freedom outside that orbit cannot be ac- in order to preserve the existing area of suppression. Thus, the Soviet Communist rulers seem to have been driven by their own doctrine, by their own fears, to seek constantly, in one way or * Supra, pp. 724–750. mo I lite ini SUC & STE of ac This N ar SC p KOREA 2689 Vations or its resolutions. These, it seems, are to be treated as a S 0 e 11 2 something different. It did not so much as mention the United another, to extend their control until there is finally achieved the goal t which Lenin referred to as “the amalgamation of all nations" and which Stalin referred to as "the amalgamation of the masses into a single state Union.' i It may be said that Lenin and Stalin are dead-and so they are. But their doctrine is not dead. It continues to be taught to Commu- nists throughout the world, and Communists continue to practice it e throughout the world. As the record stands to this date, the Communist rulers have at no time, at no place, voluntarily relaxed their grasp on what they had. i This is so even though, as in the case of Eastern Germany, Austria and North Korea, they had promised that the grasp was to be only temporary. Also, in every non-Communist nation of the world the agents of international communism work to achieve the amalgamation of the nation and its people into the system of Communist dictatorship. The problem which we face here at Geneva is the same problem that has been faced elsewhere. It is the problem of achieving "peace" and "democracy”-in the historic meaning of those words. They are allur- ing words, rich in their traditional meaning. Communist propaganda bas adopted them as lures, to trap the unwary. It must be remembered that when the Communists speak of "peace," they mean a society of conformity, under a single directing will. When they speak of de- mocracy," they mean a dictatorship of the proletariat. The sum of the matter is this: 1 When we negotiate with the Soviet Communists and their satel- lites, we are confronted with something far more formidable than individual or national lust for glory. We are confronted with a vast monolithic system which, despite its power, believes that it cannot survive except as it succeeds in progressively destroying human I do not present this analysis in a mood of pessimism, but rather in a mood of realism. Communist doctrine authorizes accommodation when the opposition is strong. It is our task here to show such strength-strength of honourable and non-aggressive purpose that the Communists will find it acceptable to grant unity and freedom to Yesterday, we heard three proposals for the solution of the problem of Korea. The Republic of Korea and the Republic of Colombia advocated a solution giving vitality to the resolutions of the United Nations-those resolutions which refer to the establishment of a united The proposal of the North Korean-Communist regime was, however, 0 1 j freedom. 1 Korea. and free Korea. pullities. June 1950, The Communist proposal is in essence the same as that made in as a prelude to the armed attack upon the Republic of Proposal of Apr. 27, 1954; The Korean Problem at the Geneva Conference , pp. 415900-57Vol. 2-- -66 2690 AMERICAN FOREIGN POLICY, 1950–1955 mi Allt I I DIV este mo IPOD and 1 Proposal of Feb. 4, 1954; Foreign Ministers Meeting: Berlin Discussions, Korea. Also, it is strikingly similar to the scheme which the Soviet som Union presented at Berlin last February 1 for the unification of Ger- many. Conformity, you see, is the Communist rule. The present Communist proposal on Korea provides that the freely Cer elected government of the Republic of Korea, representing at least three-quarters of the Korean people, would be forced into combina- tion, on a basis of equality, with the Communist regime ruling & tio. small minority of the people in the North. free General elections are proposed by the Communists under a law, the terms of which would be subject to veto by the Communist regime . The proposal stipulates that the election conditions should exclude Up all "foreign interference.” Presumably, this is intended to exclude ist United Nations supervision. The scheme is designed to destroy the authority of the existing gor-obs ernment and to replace it by a Communist puppet regime. had The North Korean Communist proposal likewise requires that all foreign forces should be withdrawn from Korean territory within six months. The United Nations forces would have a long way to go. The Chinese Communist forces would have only a few miles to go- and they could quickly return. The Ünited States does not desire its troops to remain indefinitely tio in Korea. But we remember that once before we had our troops in 198 Korea and withdrew them prematurely as it turned out. We do not 195 want that history to repeat itself, This then is the North Korean proposal. The United States must reject that proposal because it does not meet the requirements of a for- free, unified and independent Korea, for which so much blood has been in expended and suffering endured. Peace is always easy to achieve-by surrender. Unity is also easy of to achieve-by surrender. The hard task, the task that confronts us, pen is to combine peace and unity with freedom. The people of the Republic of Korea know freedom, and they have fought and suffered as have few others to preserve their freedom, I have myself seen the freedom of the Republic of Korea. the I have been to the University of Seoul and seen the young men and women of Korea eagerly acquiring knowledge in a free, liberal educa- pro tional institution. Ke I have attended sessions of the Korean Assembly and seen the func- U tioning of this body, whose members had been chosen by freely con- tested elections observed by a United Nations Commission. I have met in a vast auditorium with thousands of Christian refugees who had recently fled from North Korea into the Republic of Korea to escape the religious persecution of the Communist North and to gain the freedom of religion which prevailed in the Republicita of Korea. tic The Republic of Korea, which fought so valiantly for freedom, wil never accept unity at the price of thinly disguised annexation by the N sub ces me Te OT po pp. 228-229. KOREA 2691 * Treaty of Oct. 1, 1953; supra, pp. 897-898. . @ X ). tions which would be served by control of Korea? If so, it will be Nations has been seeking for Korea, and which the Koreans want for it Soviet-Chinese Communist bloc. The United States sent over one million of their youth to fight in Korea to save Korea from violent annexation by aggressors. Of them, over 140,000 became casualties. Certainly we are not disposed, here at the Council table, to give away what our sons battled so bravely to preserve. It is basic that whatever programme is adopted here for the unifica- & tion of Korea must in fact also be a programme which will assure the freedom of Korea. e À workable programme for unifying Korea does not have to be invented by us. It is already at hand. It was laid down by the e United Nations General Assembly resolution of October 7, 1950. That is the resolution to which I have already referred, the resolution which established a Commission to complete the unification of Korea by observing elections in that part of Korea where observed elections had not yet been held l] That United Nations Commission (UNCURK) is at this very moment waiting in Korea ready to fulfil its clear and precise mandate from the United Nations. Accomplishment of that mandate would complete the unification and freedom of Korea which was interrupted first by Soviet obstruc- I tion in 1948, then by North Korean Communist aggression in June 1950, and then by the Chinese Communist aggression of November t 1950. Now that aggression has been thwarted, the interrupted work of the Commission should proceed. That is our proposal. t It would require the Chinese Communist regime to withdraw their forces of aggression and occupation from North Korea so that the United Nations can complete its task in an atmosphere free of menace. It is important to think of freedom not only in terms of the freedom J of individuals but also in terms of national freedom. Korea is a peninsula of such strategic value that it has for many years been the subject of big-power politics. Russia, Japan and China have suc- e cessively sought to use Korea to serve their own policies of aggrandize- ment. For a long time the Koreans have not been the masters of dheir own destiny. That state of affairs should be ended. The United States seeks no advantages in Korea. We are in the process of concluding a Mutual Security Treaty with the Republic of Korea.' But that treaty implies no aggressive purpose and the United States does not seek thereby to gain a forward position which Japan is no longer an aggressive force and has loyally undertaken to žefrain from the threat or use of force against the territorial integrity or the political independence of any other country, The Republic of Korea has itself no ambitions which extend beyond Are Soviet Russia and Communist China willing to renounce ambi- 1 a could menace anyone. its natural borders. themselves. 如​仙​!侧​毗​?如​如​如下​汕​w Whi AT Casey of Australia, P. H. Spaak of Belgium, C. A. Ronning of Canada, Francisco Kindynis of Greece, J. Sturm of Luxembourg, A. Bentinck of the Netherlands, Turkey, Anthony Eden of Great Britain, and Walter Bedell Smith of the United 2692 AMERICAN FOREIGN POLICY, 1950–1955 Such a Korea should of course be a member of the United Nations Koi and enjoy the added dignity and protection which membership may P give. It may be recalled that the Republic of Korea applied for mem- bership in the United Nations in 1949. It was prevented only by a inde Soviet Union veto in the Security Council. That is another of the foll . wrongs which we should agree here to remedy. . 1 There are those who feel that past experience and cold reason em] combine to show the futility of the task which we here undertake. I do not underestimate the difficulty of that task. But I still feel that sett we need not be discouraged, and that it is not a waste of our time to 2 seek resourcefully to achieve our allotted goal. Koi We properly recall the failures of the past, so that we may profit for by experience. But we can also remember that the future is never & mere repetition of the past. We need not let cold logic chill our hopes. We know that those who live by faith prevail in the end over those who live by calculation. It is right that Korea should be united and should be a free and 1 independent nation able to realize a destiny which conforms to the peaceful aspirations of its people. Fin It is right that the United Nations should be sustained as an au- The thority to which all peoples, for all time, may turn to save them from dit the scourge of war and to assure the dignity and worth and equal itse rights of nations large and small. Our duty is to pursue these goals with dedication, and with a purity of purpose which admits of no self-aggrandizemènt. Then we shall have done our part in serving principles of moral order, which impose ger themselves on men and nations. Pla 90. SIXTEEN-NATION DECLARATION ON KOREA ISSUED AT THE GENEVA CONFERENCE ON KOREA AND INDOCHINA, JUNE 15, 1954 3 TE Pursuant to the resolution of August 28, 1953, of the United Nations General Assembly, and the Berlin communique of February 18 , rej 1954, we, as nations who contributed military forces to the United Nations Command in Korea, have been participating in the Geneva for ! See United Nations Bulletin, Mar. 1, 1949, pp. 209–210. 2 The Soviet Union exercised its veto at the security Council meeting of Apr. Ui 8, 1949; ibid., May 1, 1949, pp. 457-458. Department of State Bulletin, June 28, 1954, pp. 973-974. Signed by RG de of the Republic of Korea, Wan Waithayakanclof Thailand, M. C. Acikalisted States. 4 Supra, doc. 85. 5 Supra, pp. 2372-2373. elea 姻​w舰​舰​职​伽​秘​明 ​con who 194 SU 3 2011 N KOREA 2693 S T e . t | United Nations of August 28, 1953, the member states parties to this declaration will inform the United Nations concerning the proceedings Nov. 11, 1954; infra, doc. 92. Conference for the purpose of establishing a united and independent Korea by peaceful means. We have made a number of proposals and suggestions in accord with the past efforts of the United Nations to bring about the unification, independence, and freedom of Korea; and within the framework of the following two principles which we believe to be fundamental. 1. The United Nations, under its Charter, is fully and rightfully empowered to take collective action to repel aggression, to restore peace and security, and to extend its good offices to seeking a peaceful t settlement in Korea. 2. In order to establish a unified, independent and democratic Korea, genuinely free elections should be held under UN supervision, for representatives in the national assembly, in which representation shall be in direct proportion to the indigenous population in Korea. We have earnestly and patiently searched for a basis of agreement which would enable us to proceed with Korean unification in accord- soce with these fundamental principles. The Communist delegations have rejected our every effort to obtain 3 agreement. The principal issues between us, therefore, are clear. Firstly , we accept and assert the authority of the United Nations. The Communists repudiate and reject the authority and competence of the United Nations in Korea and have labelled the United Nations 1 as the tool of aggression. Were we to accept this position of the Communists, it would mean the death of the principle of collective security and of the UN itself. Secondly, we desire genuinely free elections. The Communists insist upon procedures which would make genuinely free elections impossible. It is clear that the Communists will not accept impartial and effective supervision of free elections. Plainly , they have shown their intention to maintain Communist control over North Korea. They have persisted in the same attitudes which have frustrated United Nations efforts to unify Korea since We believe, therefore, that it is better to face the fact of our disa- greement than to raise false hopes and mislead the peoples of the world into believing that there is agreement where there is none. In the circumstances, we have been compelled reluctantly and regretfully to conclude that so long as the Communist delegations reject the two fundamental principles which we consider indispensable, further consideration and examination of the Korean question by the conference would serve no useful purpose. We reaffirm our continued support for the objectives of the United Nations in Korea. In accordance with the resolution of the General Assembly of the See Results of the Korean Political Conference at Geneva: Letter, Report ed Annex From Certain Members of the United Nations to the Secretary-General, itself I 1947. + at this conference. 2694 AMERICAN FOREIGN POLICY, 1950–1955 92 . A 1 U.N. General Assembly, Official Records, Ninth Session, Supplement No. 15 2 For the full text of the resolution of Oct. 12, 1950, see ibid., Sicth Session 91. TRANSFER TO THE REPUBLIC OF KOREA OF ADMINIS- TRATIVE CONTROL OVER THE REGION BETWEEN THE tica ARMISTICE DEMARCATION LINE AND THE 38th PARALLEL: al Resolution of the United Nations Commission for the Unification on and Rehabilitation of Korea, August 9, 1954 1 “The United Nations Commission for the Unification and Rehabili- : tation of Korea, “Recalling the resolution of the Interim Committee on Korea of 12 October 1950, subsequently endorsed by UNCURK, which advised the Unified Command to assume provisionally all responsibilities for government and civil administration of areas north of the 38th parallel which might come under occupation by United Nations forces and over which the United Nations had not recognized any Government as having legal and effective control, pending consideration by UN. CURK in the light of its responsibility for establishing a unified, independent and democratic Government of all Korea, I "Noting that the Unified Command has, through the United Nations 27. Command, administered in accordance with that resolution the smal area north of the 38th parallel which has been under United Nations "po control since 1951, Ger “Considering that the cessation of hostilities consequent upon the the conclusion of the Armistice Agreement on 27 July 1953 has enabled the United Nations Command to develop civilian resettlement of that area, so far as possible with original inhabitants who have been living as refugees in South Korea, under a programme viewed favour- ably by the Commission as a means of relieving the refugee problem and assisting the economy, "Recognizing that the civilian population has now grown to some 130,000 in this area of approximately 2,300 square miles and has created an increasingly large and complex administrative task which needs the facilities of civilian administration, “Bearing in mind that the United Nations Command has in conse- quence indicated to the Commission that it now wishes to be relieved of responsibility for an administration which it considers it is not organized to carry out, "Believing that in any event it is undesirable to keep & civil population under military administration for a prolonged period after hostilities have ceased. "Considering that this problem can be appropriately resolved by het transferring administrative control to the Government of the Republic of Korea, and “Further considering that such transfer of administrative control will be without prejudice to the final disposition of the territory and will not adversely affect any future negotiations for a settlement of the Korean question, (A/2711), . Supplement No. 12 (A/1881), p. 13. 3 See map of Korea, supra, p. 725. trib. sha Star Nai Koi Re desi the pan par sho CON tim F MC Ho Un Sta Rey the the 1 Cor Del 17 3 KOREA 2695 17 (A/2786), Nov. 11, 1954. However, the Foreign Ministers of France, the United Kingdom, the BT February 1954 that "a conference of representatives of the United United States, and the USSR, meeting in Berlin, proposed on 18 Tx States, France, the United Kingdom, the Union of Soviet Socialist Republics, the Chinese People's Republic, the Republic of Korea, 1 The President of the Republic of Korea was informed by the United Nations Command, Aug. 12, 1954, of the latter's intent to effect this transfer; see the Department of State Bulletin, Sept. 6, 1954, p. 337. ? U.N. General Assembly, Official Records, Ninth Session, Annexes, agenda item IS. "Recommends that the Unified Command transfer, as soon as prac- HE ticable , administrative control over the areas north of the 38th par- L: alle and south of the Demilitarized Zone now under United Nations ion ontrol to the Government of the Republic of Korea." 1 2 92. RESULTS OF THE KOREAN PHASE OF THE GENEVA 12 CONFERENCE ON KOREA AND INDOCHINA: Letter, Report, sed and Annex From Certain Members of the United Nations to the for U.N. Secretary-General, November 11, 1954 2 el? nd LETTER DATED 11 NOVEMBER 1954 FROM THE MEMBERS OF THE ent UNITED NATIONS WHICH PARTICIPATED IN THE UNITED NATIONS N. ACTION IN KOREA AND ATTENDED THE KOREAN POLITICAL CON- ed, FERENCE, AT GENEVA, ADDRESSED TO THE SECRETARY-GENERAL In paragraph 60 of the Korean Armistice Agreement signed on ell 27 July 1953 the military commanders of both sides recommended that, in order to ensure the peaceful settlement of the Korean question, a political conference of a higher level of both sides” be held. The Che General Assembly, in its resolution of 28 August 1953, welcomed led the holding of such a conference and recommended that "the side con- of ributing armed forces under the United Nations Command in Korea shall have as participants in the conference those among the Member States contributing armed forces pursuant to the call of the United Nations which desire to be represented, together with the Republic of Korea". It also recommended that the Union of Soviet Socialist Republics participate in the conference, "provided the other side desires it”. The United States Government was requested to make the arrangements for the political conference with the other partici- pants. Finally, the Assembly recommended that Member States participating in the political conference on the United Nations side ed should inform the United Nations when agreement was reached at the conference and keep the United Nations informed at other appropriate Til Efforts by the United States to make arrangements for the confer- ence in accordance with these resolutions were for long frustrated. DS DS ur- em me nas ich Se- 106 times. rol nd d ike armed forces of which participated in the hostilities in Korea, and ว้ DIA * Supra, doc. 85. 2696 AMERICAN FOREIGN POLICY, 1950–1955 SU Coll S m peace and security, and to extend its good offices to seeking a peacefu which desire to attend, shall meet in Geneva on 26 April for the purpose of reaching a peaceful settlement of the Korean question”. The Conference convened as scheduled on 26 April in accordance K with the Berlin communiqué of 18 February 1954 with all eligible countries attending except the Union of South Africa. In our view this Conference was in effect the conference referred to in paragraph 60 of the Korean Armistice Agreement and the General Assembly's resolution of 28 August 1953. The Korean problem was discussed in tha fifteen plenary sessions and one special meeting over a period of seven weeks, from 26 April to 15 June. Pursuant to the Assembly's resolution of 28 August 1953, the Mem- Co bers of the United Nations who participated in the United Nations action in Korea and attended the Geneva Conference believe it appro- priate to inform the United Nations of their efforts to bring about, by negotiation, a peaceful solution of the Korean problem. It is requested that their report on the Conference, and this letter, be circulated to the Members of the United Nations. Copies of the records of the Conference have been transmitted to the United Nations Secretariat, Th th For Australia: Percy SFENDER For Belgium: F. VAN LANGENHOVE b For Canada: Paul MARTIN For Colombia: Francisco URRUTIA For Ethiopia: Z. G. Heywor ME, For France: H. HOPPENOT For Greece: Alexis KYROU he For Luxembourg: J.-P. KREMER For the Netherlands: D. J. von BALLUSECK For New Zealand: L. K. MUNRO 3. For the Philippines: Felixberto M. SERRANO acti For Thailand: Wan WAITHAYA KON For Turkey: Selim SARPER Meli For the United Kingdom of Great Britain colla and Northern Ireland: Anthony NUTTING Con For the United States of America: Henry Cabot LODGE, Jr. ( Thi 1. Our Governments, which participated in the United Nations action in Korea, made every effort at the Korean Political Conference in Geneva to obtain agreement that would lead to the establishment of a unified, independent, and democratic Korea. To this end, our delegations made a number of proposals and suggestions, consistentes with the authority and principles of the United Nations, to achieve our the unification of Korea by peaceful means on a practical and honor able basis. Agreement was sought on the basis of the following tw fundamental principles: (1) The United Nations, under its Charter, is fully and right ' Islam empowered to take collective action to repel aggression, to restore settlement in Korea; and 84 10 reso effo ! tent Solu 1 part }; 1 Supra, doc. 88. KOREA 2697 The Korean Problem at the Geneva Conference, April 26-June 15, 1954 (De- partment of State publication 5609; 1954), p. 97. -8 28 LA 7 n S :) 1 28 ER VE IN IA OT 2) In order to establish a unified, independent and democratic Korea genuinely free elections should be held under United Nations supervision for representatives in a National Assembly, in which epresentation shall be in direct proportion to the indigenous popula- ñ con in all parts of Korea. PS 2. The three Communist delegations rejected these principles. In the first place, they argued that the United Nations, through the collective action taken in Korea, had lost its moral and legal authority to deal with the Korean problem. For example, in a speech to the 2. Conference on 11 May 1954, Mr. Molotov said: "In the situation which has arisen the United Nations has y deprived itself of the possibility of acting as an impartial interna- dtional organ [n] and it can no longer play an objective part in the to settlement of the Korean question. The same viewpoint was expressed on 22 May by Mr. Chou En-lai, ut. who asserted that: the United Nations has been placed in the position of a belligerent in the Korean War and has lost its competence and moral authority to deal impartially with the Korean question”. OT Mr. Nam Il told the Conference on 22 May that: "We fail to understand the statement(s) of some delegates who have called upon the Korean people to respect the United Nations' actions and resolutions on the Korean question.” 2 3. The Governments which participated in the United Nations action in Korea believed that it was essential to declare and adhere to the first of the principles mentioned above in order to uphold the validity of the Charter of the United Nations and the legality of the in collective action undertaken by the United Nations to repel the No Communist aggression and to restore peace and security in Korea. This principle was reaffirmed by the General Assembly which, in a solution of 28 August 1953, expressed satisfaction that "the first pursuant to the call of the United Nations to repel armed ent sgression by collective military measures have been successful" and expressed its firm conviction that". this proof of the effective- 1988 of collective security under the United Nations Charter will contribute to the maintenance of international peace and security”. Cur delegations at the Geneva Conference therefore rejected the con- tention that the United Nations, in taking collective action against begression, had lost its authority 'under the Charter to find a peaceful kolution of the Korean question. We believe that, had we taken any the other position in this matter at Geneva and accepted the repudiation o e o the authority and competence of the United Nations in Korea, DU ER CK RO NO ON ER Jr. DIS ice JU ent 380 or WO 1 * Ibid., p. 117. 2698 AMERICAN FOREIGN POLICY, 1950–1955 pa PI Or was pointed out at Geneva, this form of international supervision would have been identical with that of the neutral nations supervisory this would have gravely undermined the principle of collective in security which is embodied in the Charter of the United Nations 4. Our Governments also strongly believed that the second printe ciple--genuinely free elections—was essential to the achievement of m the objectives of the United Nations in Korea. Free elections are the pr only means by which the Korean people can express their will without fear of coercion; they are, therefore, the essential first step towards the unification of Korea. To ensure that the elections are held under conditions of genuine freedom in Korea, we maintained that they must be conducted under appropriate supervision. In our view, such ! supervision must be impartial and effective and should be under the authority and auspices of the United Nations. 5. The proposals put forward by the three Communist delegations on the subject of elections were, briefly, that: (1) Elections in Korea must be prepared and conducted by an "all-Korean commission” in which North and South Korea would have equal representation and which would function only by agree- ment between the two. (2) International supervision of the elections must be limited to ? “neutral nations supervisory commission”, composed of an equal o number of Communist and non-Communist nations to be designated by the Conference, and operating only by unanimous agreement. 6. In our view, these proposals were unacceptable. They repudi- ated the competence of the United Nations and were inherently unworkable. They failed entirely to provide any guarantee that elections would be carried out in genuine freedom. "They rejected the principle of proportional representation by insisting tħat in the fo so-called "all-Korean commission” the minority of the population who inhabit North Korea should have the same number of repre- sentatives as the overwhelming majority of the population who live in South Korea. Even if the all-Korean commission" could success- fully have been constituted, it could only have functioned to the extent that its North Korean and South Korean members were in complete agreement. There was no provision for resolving points de disagreement. In practice, the Communist members would have re- tained an absolute veto over the conduct of the elections, which ba would have meant that they could never have taken place in freedom, if at all. 7. As for the proposed "Neutral Nations Supervisory Commission" it could only have functioned in the unlikely event that the “all-Korean commission” was able to agree on a plan for the elections . Even then he the equal representation of Communist and non-Communist nations , and the provisions under which decisions could only be taken by unanimous agreement, would have enabled the Communist members fe of the supervisory commission to frustrate the commission's opera- tions and to prevent any effective observation of the elections. As C T 仙​班​如 ​ww仙​地​如 ​of PE of & oi ai a CO DO KOREA 2699 ee- ) 8 conclusion, therefore, that further discussions at the Geneva Con- Communist delegations presented a number of further proposals. ise inherent vice in the proposal becomes the more patent in the light of past experiences when we consider that Communist representatives in bave freely used the veto to frustrate any contemplated action no of matter how reasonable. There was no basis for believing that the the proposed Commission would have been any more effective in practice but than the neutral nations supervisory commission established by the rds Armistice Agreement which, because of Communist obstruction, has der been unable to ensure compliance with the Agreement in North Korea. ley 8. The proposals of the three Communist_delegations indicated ich plainly a refusal to submit the solution of the Korean problem to the he will of the Korean people expressed in honest and free elections, ade- quately and impartially supervised. They sought to obliterate the is distinction between the Government of the Republic of Korea, and the North Korean régime whose forces were declared by the United Nations to have committed aggression in Korea. The Communist in proposals would have served to extend their control over all of Korea id or, at the very least, to perpetuate its division. 9. The three Communist delegations also called for the withdrawal of all foreign forces from Korea before the holding of elections. This proposal would have involved the withdrawal of the United Nations forces before the mission of the United Nations to establish peace and ed security in Korea had been completed, leaving behind them a country still divided, still without a single government, and with no early hope dj- of obtaining one. Furthermore, the proposal amounted to a demand dly aggressor forces in Korea should be placed on a plane of equality with the United Nations forces which are in Korea in accord- ed ance with United Nations resolutions to repel aggression. he 10. Our Governments were all agreed that all United Nations forces should be withdrawn as soon as this could be done without po prejudice to the objectives of the United Nations to restore peace and security in the area. We believed, therefore, that the withdrawal of the United Nations forces from Korea should be completed as soon as these objectives had been achieved and after the establishment of 11. For more than seven weeks every effort was made by our delegations to secure agreement on a basis consistent with the prin- chciples set out in paragraph 1 above. These efforts were in vain. It became clear that serious negotiation was impossible and that the Conference was being exploited by the Communist spokesmen to attack the very basis of the United Nations action in Korea and to attempt to confuse world opinion on the fundamental issues in the Korean question. To the very end, the Communist proposals would S, have made the unification of Korea impossible, except on the basis } of extending Communist control over all of Korea. We came to the ference could hold out no prospect of success. 12. At the final session of the Conference on 15 June, the three 1 designed essentially to blur the issues at stake and to make it appear that the Conference was in complete agreement on that the at on ve S- he in of a unified Korea. 8- 1, } 11 I'S 2 IS 1 These were le 10 re 1 the United Nations, which is acting the part 2700 AMERICAN FOREIGN POLICY, 1950–1955 the objectives it sought in Korea. Nevertheless, it quickly became evident that the Communist Delegations maintained their previous lic position on the points of principle discussed above. They still insisted K on the withdrawal of all foreign forces from Korea before the beginning of the elections, and that these elections should be arranged by an “all Korean Commission" and supervised by a "Neutral Nations Supervisory Commission” in each of which the Communist members would retain a power of veto. They continued to assert (in the words of the Foreign Minister of the Soviet Union on 15 June) that the GE United Nations Organization "has acted in Korea as a belligerent and ... in consequence has no moral right to function as an impartial organization for the solution of the Korean problem”. 1 13. They also claimed that the adoption of their proposals was necessary in order to bind all parties in Korea to maintain peace there. It was pointed out to them that the Korean Armistice Agree- ment already contained formal and exact provisions for the mainte- U nance of the cease-fire in paragraph 62 which lays down that: “The articles and paragraphs of this Armistice Agreement shall remain in effect until expressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful A settlement at a political level between both sides”. 14. In our view the proposals submitted by the three Communist delegations at the final session could have served only to conceal the serious issues of principle which remained unresolved. We considered that it was better to face the facts of our disagreement and that it would be wrong to raise falşe hopes and mislead the peoples of the world into believing there was agreement when in truth there was none. Accordingly, at the final plenary session of 15 June, our Dele f gates and the Delegate of the Republic of Korea made the Declaration by the Sixteen (of which the text is attached), in which we informed the Communist Delegations that we had been compelled, reluctantly and regretfully, to conclude that, so long as they rejected the two fundamental principles which we consider indispensable, further consideration and examination of the Korean question by the Con- ference would serve no useful purpose. 15. The Governments which participated in the United Nations action in Korea deeply regret that the Communist delegations per sisted at Geneva in the same refusal to accept elections impartially supervised which has frustrated the efforts of the United Nations since 1947 to bring about the unification of Korea. Our delegations made it clear that the failure of the Geneva Con- ference to solve the Korean question does not prejudice the armistice 1 The Korean Problem at the Geneva Conference . differs somewhat, reading: “ role of an impartial body with regard to the Korean question. * Not printed as attachment here; see Sixteen-Nation Declaration on Korea Issued at Geneva, June 15, 1954; supra, doc. 90. - M C 1 Я $ 6 p. 179. The translation KOREA 2701 · Ibid., Supplement No. 15. e S in Korea, which remains in effect. We expressed our intent to continue to support the objectives of the United Nations in Korea, in par- ticular that of achieving a unified, independent, and democratic d Korea by peaceful means. It is our hope that, through the acceptance of the fundamental principles set forth in the first paragraph of this report, it may yet prove possible to achieve this objective. D .S $ e t 93. APPROVAL OF REPORT ON THE KOREAN PHASE OF THE GENEVA CONFERENCE ON KOREA AND INDOCHINÅ: Reso- lution 811 (IX) of the United Nations General Assembly, December 11, 1954 1 S e - S 11 it e d t S The General Assembly, Having noted the report of the United Nations Commission for the Unification and Rehabilitation of Korea signed at Seoul, Korea, on 17 August 1954, Having received the report on the Korean Political Conference held in Geneva from 26 April to 15 June 1954, in pursuance of General Assembly resolution 711 (VII) of 28 August 1953, Noting that the negotiations in Geneva have not resulted in agreement on a final settlement of the Korean question in accordance with the United Nations objectives in Korea, Recognizing that these objectives should be achieved by peaceful methods and by constructive efforts on the part of the Governments concerned, Noting that paragraph 62 of the Armistice Agreement of 27 July 1953 provides that the Agreement "shall remain in effect until ex- pressly superseded either by mutually acceptable amendments and additions or by provision in an appropriate agreement for a peaceful settlement at a political level between both sides”, 1. Approves the report on the Korean Political Conference; 2. Reafirms that the objectives of the United Nations remain the achievement by peaceful means of a unified, independent and demo- cratic Korea under a representative form of government and the full restoration of international peace and security in the area; 3. Expresses the hope that it will soon prove possible to make prog- ress towards these objectives; 4. Requests the Secretary-General to place the item on the provi- sional agenda of its tenth session. LU.N. General Assembly, Official Records, Ninth Session, Supplement No. 21 9 (A/2890), p. 5. Supra. 2702 AMERICAN FOREIGN POLICY, 1950-1955 94. CONTINUING CONSIDERATION OF A POLITICAL SETTLE- MENT IN KOREA: Resolution 910 A (X) of the United Nations General Assembly, November 29, 1955 1 1 7 On a REPORT OF THE UNITED NATIONS COMMISSION FOR THE UNIFICATION 5. ] AND REHABILITATION OF KOREA P1 19 The General Assembly, Having noted the report of the United Nations Commission for the Unification and Rehabilitation of Korea signed at Seoul, Koree, 1) Com on 7 September 1955,2 custa Recalling that, in resolution 811 (IX) of 11 December 1954, in Unic approving the report 4 of the fifteen Governments participating in the diffe Geneva Conference on behalf of the United Nations, the General Assembly expressed the hope that it would soon prove possible to persi make progress towards the achievement by peaceful means of a be unified, independent and democratic Korea under a representative Com form of government and of full restoration of international peace to the and security in the area, "341 Noting that paragraph 62 of the Armistice Agreement of 27 July W 1953 provides that the Agreement "shall remain in effect until ex- of ou pressly superseded either by mutually acceptable amendments and over additions or by provision in an appropriate agreement for a peaceful take settlement at a political level between both sides", 1. Reaffirms its intention to continue to seek an early solution of the Korean question in accordance with the objectives of the United Nations; 2. Urges that continuing efforts be made to achieve these objec. 0 tives; 11 3. Requests the Secretary-General to place the Korean question on the provisional agenda of the eleventh session of the General Assembly. T 1 1 U.N. doc. A/RES/326, Nov. 30, 1955. See also Department of State Bulletin, Com Dec. 26, 1955, pp. 1074-1086. 2 U.N. General Assembly, Official Records, Tenth Session, Supplement No. 18: (A/2947). 3 Supra. Supra, doc. 92. tho hes free in 3 $ US teps test deg 10 1 3 tem 3 KOREA 2703 Department of State Bulletin, Aug. 17, 1953, pp. 205-206. $ 1 } freedom after 120 days. This period ends January 22, 1954. Even resolution of December 3, 1952,4 was under discussion. It was made dear to the Communists when armistice negotiations were resumed * Ibid., Nov. 30, 1953, p. 749. 3 Armistice Agreement of July 27, 1953; supra, pp. 724–750. See U.N. Proposals for Solution of Prisoner of War Problem: General As- sembly Res. 610 (VII), Dec. 3, 1952; supra, doc. 62. 1. THE PRISONER OF WAR PROBLEM FOLLOWING THE ARMISTICE, 1953-1955 S. POSSIBLE COMMUNIST DETENTION OF KOREAN WAR PRISONERS: Statement by the Department of State, August 8, 1953 1 r The State Department is gravely concerned by reports that the Communists may not intend to return all of our prisoners now in their eustody. It has long been believed on good authority that the Soviet Union still holds an unknown number of World War II prisoners of ifferent nationalities, and it was with this in mind that we insisted on a clause in the armistice agreement which provided that any U.N. personnel who are said not to desire repatriation must nevertheless be transferred to the custody of the [Neutral Nations) Repatriation Commission where United Nations and U.S. officials will have access to them. This would include any prisoners alleged to have been given " fail sentences." None is exempt. . We must avoid action which might jeopardize the safety or liberty of our prisoners now in Communist hands. The progress of the pris- oner exchange is being watched closely and appropriate action will be taken just as soon as definite facts are established. X. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRIS ONERS OF WAR: Statement by the Secretary of State, November 17, 19532 There has been some inquiry as to the status of prisoners of war * Korea 120 days after they were turned over to the Repatriation Commission. The armistice provisions are clear. All prisoners ho have not chosen repatriation, and as to whom no other disposition as been agreed to by the Political Conference, shall be given their I no Political Conference has been held by that time the prisoners on that date should receive their freedom. Since the beginning of the POW (Prisoner of War] discussion, the S. position has been consistently that POW's must not be forcibly was made clear and accepted by the United Nations when its 1 1 mpatriated or held indefinitely. This in a the spring of 1953. This position was finally accepted by the 2704 AMERICAN FOREIGN POLICY, 1950--1955 re ALL M. 1 in mi 80 四​、如​饥​似 ​19 IS tional Government of the Republic of China. Representatives of Communists in June 1953, although the Communists attempted to insert a provision which would have held the prisoners until final agreement by the Political Conference. The U.N. negotiators mein tained their position that POW's should not be indefinitely held and the Communists finally accepted the U.N. position. The agreement to thus confirms the consistent and firm position of the United States. The relevant portion of paragraph 11 of the Terms of Reference for the Neutral Nations Repatriation Commission,' annexed to the Ar- mistice Agreement, reads: The Neutral Nations Repatriation Commission shall declare the relief from the prisoner of war status to civilian status of any prisoners of war who have not to exercised their right to be repatriated and for whom no other disposition has an been agreed to by the Political Conference within one hundred and twenty (120 ) days after the Neutral Nations Repatriation Commission has assumed their custody. 97. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRIS ONERS OF WAR: Statement by the Commander-in-Chief, United 1 Nations Command, December 23, 1953 2 the The terms of reference for the Neutral Nations Repatriation Com- mission, signed at Panmunjom on June 8 of this year as an annex to the armistice agreement which later halted armed conflict in Korea , resolved an issue which alone had protracted the cease-fire discussions for more than a year. 98. The issue was the right of a Pow (Prisoner of War) who resists 16 patriation to seek asylum and of a detaining power to grant it . This right is based on respect under the law for individual freedom and human dignity. To uphold it the UNC (United Nations Command fought throughout the long and at times frustrating negotiations . Paragraph 11 of the terms of reference provide that at the expiration of 90 days after the transfer of custody of Pow to the Neutral Nations Repatriation Commission, access to captured personnel by representar tives of their original sides shall terminate. That 90-day period of thi explanations comes to an end on December 23. Paragraph 11 provides that as of the end of the day of 22 January Un these men will become entitled to their freedom as civilians. There will no longer be authority for their custody by the Indian troops . let As civilians they are to be enabled to go to any available country of their choice. Public statements made by representatives of the ROK [Republic of Korea] and the National Government of the Republic of China contain open invitations to the nearly 3,000 Korean and more than 14,000 Chinese anti-Communists , respectively its in the south Cri (Custodian Force, India) camp to make their heart Co i Annex to Agreement of July 27, 1953; supra, pp. 743–748. 2 Department of State Bulletin, Jan 18, 1954, p. 90. Supra, pp. 743-748. 1 1 . rec QUI wa anos ant ma for 1 1 1 Fel $ KOREA 2705 a Department of State Bulletin, Jan. 25, 1954, pp. 115-116; see also ibid., So the not heir inalienable right of freedom of choice. Peb. 1, 1954, pp. 152 ff. "Ibid., Jan. 25, 1954, pp. 113-115. 1.to srailable facilities to expedite the movement of the individuals who inal desire to go to those countries. Under paragraph 11 of the terms of ain-Nerence to the NNRC (Neutral Nations Repatriation Commission] and and the Indian Red Cross are to assist any individual who may wish tento apply to go to neutral countries elsewhere in the world. It is regrettable that Communist obstructions have caused disagree- nce ments and disrupted the explanations to nonrepatriate Pow (Prisoners Ar- of War). Despite the fact that agreement was once reached concern- ing the fundamental rights of these thousands of prisoners, the Com- munists have persisted in employing their habitual frustrating tactics to the extent that the work of the NNRC has been interfered with hs and the already difficult job of the Custodial Force, India, greatly 120 complicated. With the expiration of this period of explanations, I desire to express ny profound admiration and respect for the Indian troops. In their unique and sensitive mission these officers and men have demonstrated IS- an almost unprecedented capacity for military firmness and humane ted restraint . Their rigid adherence to mandate imposed upon them by the terms of reference has earned them the plaudits of all fairminded nations of the world and an unshakable confidence in their ability to continue their duty in the same splendid manner until their mission to is completed some 30 days hence. ea, 98. AUTHORITY FOR RELEASE OF NON-REPATRIATE PRIS- re ONERS OF WAR: Letter From the Commander-in-Chief, United his and Nations Command, to the Chairman of the Neutral Nations Re- od patriation Commission, January 16, 1954 I have read your letter of 14 January 4 in which you propose to ons request the United Nations Command to accept the restoration of custody, beginning at 0900 hours, 20 January, of those prisoners of par given over to the Neutral Nations Repatriation Commission by Bry my communication to you of 6 January,5 the position of the United Nations Command was stated clearly. That position has not and will not be changed, since it is founded on both the spirit and the try letter of the terms of reference which embody the factors of humanity the and justice for the prisoners themselves and the recognition of their the 100 It is recognized that Communist intransigence made it impossible ly , for the Neutral Nations Repatriation Commission fully to accomplish te mission under its agreed terms of reference. The United Nations Command in good faith turned over the prisoners of war in its custody of Bl ONS 3 ion ta- of this command. In ere ps . av 8. 'Gen. John E. Hall. 5.Not printed. 415900_57-Vol. 267 2706 AMERICAN FOREIGN POLICY, 1950–1955 1 United Nations Command agreed to the Terms of Reference for the status at 23 January all prisoners of war who have refused repatris tion. Failure of the Neutral Nations Repatriation Commission to fulfill this obligation would be a deliberate avoidance of an important element of the Terms of Reference and the United Nations Command could not concur in an action constituting default by the Neutral to the Neutral Nations Repatriation Commission, with confidence that each prisoner would be given full opportunity to hear explana- tions and to make freely and without coercion his own choice as to his future. The United Nations Command made an earnest effort to explain their rights to repatriation to the prisoners it turned over to custody of the Neutral Nations Repatriation Commission. The di United Nations Command also sought to assist the Neutral Nations u Repatriation Commission in conducting explanations to prisoners of war formerly detained by the United Nations Command. Failure to pr complete explanations to more than a minority of prisoners of war the formerly detained by the United Nations Command can only be Co attributed to the stubborn refusal of the Korean People's Army and Chinese People's Volunteers to continue explanations except under do conditions of their own choosing, which conditions required the use pak of physical force against the prisoners of war. Such use of force is Co contrary to the terms of reference, the Geneva Convention and the universally accepted concepts of human decency and rights. The Ne United Nations Command supports and commends the Neutral du Nations Repatriation Commission and the Custodian Force, Indian, the in their refusal to use force illegally against prisoners of war. les The United Nations side has made every effort to convene the political conference recommended in Paragraph 60, Armistice Agree to ment, and referenced in Paragraph 11, Terms of Reference , Neutral Nations Repatriation Commission, which was to consider within the man specified period of thirty days the disposition of prisoners of war. These efforts have been thwarted by the other side. However, as I made clear in my letter of 6 January, the plain intent of Paragraph 99. 11 of the Terms of Reference is to prevent either party to the agree ment from frustrating the basic purpose of avoiding indefinite captivity for the prisoners. For the United Nations Command now to agree to further and indefinitely prolonged captivity of these prisoners of war would negate the very principle of human rights for which so many men of this command have fought and died. Such unjust and unworthy action Re is intolerable to any free people, and is obviously unthinkable. The the Neutral Nations Repatriation Commission only because they, in cluded a prohibition against enforced repatriation, and made clear provisions for the final release of prisoners of war to civilian status 120 days after being placed in the custody of the Neutral Nations Repatriation Commission, I reiterate the unalterable conviction of the United Nations Com- mand that the Neutral Nations Repatriation Commission has a solemn obligation to fulfill its responsibilities and release to civilisan Nations Repatriation Commission. me | SUT see Sol Un 801 1 ma 3 Sor KOREA 2707 Soviet denial of May 12, see ibid. nice Par Lighth Session, Supplement No. 18 (A/2641). For the report of the U.N. Com- ibid., Supplement No. 19 (A/2642). Department of State Bulletin, May 24, 1954, p. 785. For the text of the The United Nations Command cannot accept custody of these na- prisoners of war in accordance with the terms of your proposal. to However, in view of your stated intention to release unilaterally the ort prisoners of war starting 20 January, the United Nations Command ver must necessarily be prepared to arrange for their accommodation and the disposition. In processing these personnel, after they leave the de- ons militarized zone, it must be clearly understood that we do so out of of regard for humanitarian consideration and in order to insure the to prisoners the fullest possible continued enjoyment of the benefits the agreement was designed to assure to them. The United Nations be Command, in accordance with the agreement on prisoners of war, and wil honor its obligation to treat them as fully entitled to their free- derdom as civilians on 23 January. You are already aware of the detailed use plans for processing which have been made by the United Nations is Command. The return to the United Nations Command of personnel the prior to 2300 1 January can only be regarded as a failure by the The Neutral Nations Repatriation Commission fully to discharge its ral duties, but this failure will in no way, it must be emphasized, affect an, the right of prisoners of war to become civilians at that time regard- less of their physical location. the Accordingly, I have instructed the Commanding General, Eighth ee. United States Army, to adjust his present plans to permit handling ral and processing of personnel beginning 20 January. He will, as å the matter of priority, make the necessary arrangements with you.? ph 99. REPORTS OF UNITED STATES PRISONERS OF WAR ee- ity HELD IN SOVIET CUSTODY: Note From the American Em- bassy at Moscow to the Soviet Ministry of Foreign Affairs, May nd 5, 1954 3 ate his The Embassy of the United States of America presents its compli- onents to the Ministry of Foreign Affairs of the Union of Soviet Socialist the Republics and has the honor to request the Ministry's assistance in be the following matter: in The United States Government has recently received reports which support earlier indications that American prisoners of war who had teen action in Korea have been transported to the Union of Soviet focialist Republics and that they are now in Soviet custody. The United States Government desires to receive urgently all information available to the Soviet Government concerning these American per- sonnel and to arrange their repatriation at the earliest possible time. 18 to er or the reports of the Neutral Nations Repatriation Commission for the DO Genied Sept. 9, 1953-Feb. 21, 1954, see U.N. General Assembly, Official Records, al ar. as 2811 US IS ni- 9 21 Gen. Maxwell D. Taylor. nd 3 2708 AMERICAN FOREIGN POLICY, 1950-1955 1 ID: pre the reason for detention and the time and place of their expected release 100. ACCOUNTING FOR MISSING UNITED NATIONS PERSON. NEL: Statement by the Senior United Nations Representative on the Military Armistice Commission, August 17, 1954 2 On the ninth of September, 1953, we presented to your side a list of the names of United Nations Command personnel who, according Co to our best available information, were prisoners of war held by your des side in the months immediately preceding the end of active hostilities pro in Korea and who were not returned to our side in the programs of to prisoner exchange. As subsequently amended, the list currently in your hands totals 3,405 individuals. The reason that we gave you It these amendments from time to time was because of our sincere desire to provide your side with the most accurate information possible so y that a satisfactory accounting could be made by your side for these e prisoners of war. to Because of the fact that additional information has recently become available which warrants the deletion of a considerable number of names from the list currently in your possession and since further amendments to the original list might create confusion, we have prepared a completely new list for your use. This new list supersedes 10 and replaces all previous information we have presented you on this subject. I now hand you a list containing the names of 2,840 United Nations Command personnel who we are convinced were in your hands and whom we consider as not having been accounted for in a satisfactory manner. The names of persons of Korean nationality are listed in the Korean language, all others are listed in English , The difference between this new list and previous lists furnished amounts to 418 United States personnel, 1 British soldier , and 146 be Republic of Korea personnel. These deletions are largely persons determined to be deceased or, particularly in the case of some of the te Korean persons, found to have been repatriated. ti The United Nations Command is desirous of securing a complete re report as to the current status of each of these persons. If they are currently held in North Korea, Manchuria, China, or elsewhere, the location of the place of custody and the reason therefor is requested . If they are deceased, that information should also be furnished together with any additional details available regarding cause of death and place of burial, including an indication that the remains will be th returned in the exchange program beginning on 1 September 1954 . During the recent negotiations at Geneva it was developed that certain of the prisoners are being held in China. We are particularly interested in obtaining information regarding these individuals. ! Since their captive status resulted from the conflict in Korea, it i appropriate that the necessary exchange of information concerning both the place of detention and reason therefor be conducted here in this commission. It is requested that for each name in this category 80 td C C be furnished to our side. 1 Rear Adm, T. B. Brittain. 3 Department of State Bulletin, Sept. 13, 1954, p. 379. KOREA 2709 York, 1955), pp. 348–352. On ou 388 jer Ve authorities to release these unjustly detained American nationals of Nov. 23, 1954, by the Department of State; ibid., p. 856. Department of State Bulletin, Dec. 6, 1954, pp. 856-857. See also statement N. The families of the personnel in this unaccounted-for category are anxious to reach an early and satisfactory settlement of this entire problem. Accordingly, immediately upon receipt from your side of list complete accounting by name for each of these 2,840 United Nations ing Command personnel, in return and as evidence of our sincerity in desiring to exchange the most complete information available on the ies present status of former prisoners of war, we are prepared to present of to your side an explanation by individual name for the 98,739 personnel in of your side on the list you submitted to our side on 21 September 1953. It is proposed that this exchange of information will be reciprocal ire and simultaneous. Such an exchange of information will contribute so greatly to the successful accomplishment of our mission of negotiations sabere in the Military Armistice Commission. I await your reply as to when you expect to be able to furnish the information we have ne requested and thereby expedite the receipt of the information you of desire regarding your list. les 101. PROTEST OF IMPRISONMENT OF UNITED STATES his PRISONERS OF WAR BY THE CHINESE COMMUNISTS: ed Note From the United States Government to the Chinese Com- munist Authorities (Transmitted by the British Embassy at Peiping), November 26, 1954 1 ty The United States Government vigorously protests the wrongful ed action of the Chinese Communist authorities in sentencing on Novem- 46ber 23rd eleven members of the United States Armed Forces and two ms American civilians employed by the Department of the Army to he terms of imprisonment on political charges which are without founda- tion. These Americans were in planes which were attacked over the to recognized combat zone in Korea, or over international waters, in 18the course of the Chinese Communist aggression against Korea. Their detention is in patent violation of the Korean Armistice Agree- d. The sentencing of the members of the United States Armed Forces to penitentiary terms in these circumstances is grossly contrary to | the substance and spirit of all recognized international standards as to the protection of prisoners of war. The maltreatment of the two civilian American citizens, whose names were willfully and deceit- fully withheld by the Chinese Communist representatives at Geneva last June from the list of American civilians held in Chinese Communist The United States Government calls upon the Chinese Communist ur 8 18 ment. er nd De 5. jails , is equally reprehensible. 11 1 8 1 munist authorities, see Documents non American Foreign Relations, 1964 (New 2710 AMERICAN FOREIGN POLICY, 1950–1955 AUTO 810 ñ ſ forthwith, in accordance with the provisions of the Korean Armistice Agreement and in conformity with the elementary precepts of justice and humanity. The Chinese Communist authorities are under an obligation to redress in so far as possible the wrong they have inflicted on these American nationals and their families. The United States Gover- ment reserves the right to claim compensation as may be determined appropriate, and to demand the punishment of the Chinese Commu- nist officials responsible for the denial of the rights of these persons , The Chinese Communist authorities should bear in mind that the long list of Chinese Communist outrages against American nationals , which the American people have borne with restraint thus far , is significantly extended by the Chinese Communist announcement of November 23rd. Chi Mai Ste DU Kit dre the OU ser 211 an more fee 102. COMMUNIST DETENTION OF UNITED NATIONS PER Go SONNEL: Letter and Explanatory Memorandum From the United me States Representative at the United Nations to the U.N. Secre- tary-General, December 4, 1954 2 TE The Government of the United States of America, as the Unified Command of United Nations forces in Korea, proposes herewith the th inclusion of the following additional item in the agenda of the ninth ab regular session of the General Assembly: “Complaint of detention and imprisonment of United Nations military personnel in violation of the Korean Armistice Agreement". Pursuant to rule 20 of the rules of procedure, an explanatory memorandum is attached. In view of the urgency and importance of this item, I request that a meeting of the General Committee be convened at the earliest possible moment. CA U EXPLANATORY MEMORANDUM COMPLAINT OF DETENTION AND IMPRISONMENT OF UNITED NATIONS MILITARY PERSONNEL IN VIOLATION OF THE KOREAN ARMISTICE CE 1! AGREEMENT A A United States Air Force B-29 type aircraft, on a mission of the United Nations Command in Korea, was attacked fifteen miles south of the Yalu River near the North Korean town of Sonchon and shot down on 12 January 1953. The officers and men of the United States Air Force on the plane were captured. More than a year and a half later, and long after the conclusion of the Korean Årmistice Agreement providing for the release of all captured personnel desir- to P 8 1 Henry Cabot Lodge, Jr. 2 U.N. doc. A/2830, Dec. 4, 1954; see also Department of State Bulletin, Dec. 20, 1954, pp. 931 ff. KOREA 2711 ese m- au- ns + Agreement regarding the repatriation of prisoners of war, Recalling the provisions of article III of the Korean Armistice American airmen, members of the United Nations Command, referred & violation of the Korean Armistice Agreement; og repatriation, eleven officers and men from the above-mentioned ice sitraft were brought before a Chinese Communist military tribunal and sentenced to long terms of imprisonment. This is a clear-cut violation of the Armistice Agreement. to The United States Government first learned of this action by the Chinese Communist authorities through a broadcast of the Peking led ndio on 24 November 1954. Immediately thereafter, the United States Government sought to communicate with the Chinese Com- munist authorities, both directly in Geneva and through the United the Kingdom Government, to protest this serious violation of the Korean als, Armistice Agreement. The Chinese Communist authorities rejected these representations. of The Government and people of the United States are shocked and outraged by the treatment thus accorded to its airmen who were serving the cause of peace under the Charter, and hold these same feelings for the men of other nations who are held prisoner. The B: Governments of other nations having troops in Korea share this feel- leding of indignation at this violation of the Årmistice Agreement. The United States believes this conduct of the Chinese Communist authorities has created a serious situation for the United Nations, which called for the action in Korea to repel Communist aggression, ed and which requested the United States to provide a Unified Com- be mand of United Nations forces in Korea. The United States believes ith the United Nations must now act promptly and decisively to bring about the release of these eleven officers and men and all other captured personnel of the United Nations Command still detained. TT 103. COMMUNIST DETENTION OF UNITED NATIONS PER- SONNEL: Resolution 906 (IX) of the United Nations General at Assembly, December 10, 1954 st Having considered the item proposed by the United States of America as the Unified Command regarding eleven members of the United States armed forces under the United Nations Command captured by Chinese forces when undertaking a mission on 12 January 1953 , at the direction of the United Nations Command. 1. Declares that the detention and imprisonment of the eleven to in document A/2830.2 and the detention of all other captured personnel of the United Nations Command desiring repatriation is 2. Condemns, as contrary to the Korean Armistice Agreement, the General Assembly, Oficial Records, Ninth Session, Supplement No. 21 DS 1} 1 The General Assembly, S 3 (A/2890), p. 56. ο Supra. 2712 AMERICAN FOREIGN POLICY, 1950–1955 b: P UI t t i On Dec. 30, 1954, the Secretary-General reported that following an exchange trial and conviction of prisoners of war illegally detained after 25 fr September 1953; 3. Requests the Secretary-General, in the name of the United pl Nations, to seek the release, in accordance with the Korean Armistice ? Agreement, of these eleven United Nations Command personnel, and all other captured personnel of the United Nations Command still detained; 4. Requests the Secretary-General to make, by the means most appropriate in his judgment, continuing and unremitting efforts to 11 this end and to report progress to all Members on or before 31 December 1954.1 104. COMMUNIST DETENTION OF UNITED NATIONS PER SONNEL: Statement by the Department of State, January 19 , 1955 2 Secretary Dulles, Ambassador Henry Cabot Lodge, Jr., and Assistant Secretary Walter S. Robertson met with the U.N. Secretary- General, Dag Hammarskjold, and U.N. Under Secretary Ahmed S. Bokhari on January 19. They conferred for about an hour and a half. Mr. Hammarskjold gave Secretary Dulles a detailed report of the conversations that he had had in Peiping in pursuance of his mandate from the United Nations : to make continuing and unremitting efforts to effect the release of captured personnel of the U.N. Command detained by the Chinese Communist regime in violation of the terms of the Korean Armistice. The Secretary-General gave a full account of the information and views that had been exchanged at Peiping on the question of the U.N. Command prisoners and expressed the hope that, given restraint on all sides, it would be possible to effect their release. In the meantime he had made inquiries and received assurances regarding the well-being of the prisoners, and he has transmitted this information to the Secretary of State. This will be transmitted in turn to the families by the U.S. Defense Department. Secretary Dulles expressed, on behalf of the President and himself their appreciation of the painstaking efforts which had been made and their hope that the United Nations would persist effectively in the course upon which it had embarked pursuant to the U.N. General Assembly resolution of last December. Secretary Dulles pointed out that there was in the United States a strong sentiment in favor o direct action but that it was the policy of the President for the time being to leave the handling of this matter, insofar as it was covered by the U.N. resolution, to the United Nations itself and to abstain A of cablegrams and conversations with the Chinese Communist Ambassador at See U.N. General Assembly, official Records, Tenth Session, Supplement No. (A/2911), p. 14. Department of State Bulletin, Jan. 31, 1955, pp. 189–190. 8 Supra. 2 KOREA 2713 ice ind till ost Command personnel and all other captured personnel of the United [Footnote in the original document.] from direct intervention which might embarrass the activities and 25 efforts of the United Nations itself. The Secretary did, however, point out that the U.S. Government and indeed the entire American ted people were strongly aroused by the unlawful imprisonment of U.S. citizens and that they awaited with eagerness and anxiety the further developments in this matter. to 105, COMMUNIST DETENTION OF UNITED NATIONS PER- 31 SONNEL: Statement by the Department of State, January 21, 1955 1 R. The Secretary-General of the United Nations was informed during 19. bis Peiping discussions that Chinese Communist authorities might permit relatives to visit those United States personnel who had been convicted and those whose cases were under investigation and that nd they would provide them the necessary entry visas. This morning the Chinese Communists made this announcement. y S. The United States Government canoot, of course, in good conscience lf . encourage those who may wish to go into an area where the normal he protections of an American passport cannot be offered. World public opinion will judge the motives of those who, having it in their power ite and being under an obligation to end promptly the tragic grief they have caused, now visit upon the families of these imprisoned Americans & harrowing dilemma. It is by releasing those they hold that the Chinese Communists can convincingly show concern for the human d sufferings they have caused. N. 106. NEGOTIATIONS FOR RELEASE OF UNITED NATIONS PERSONNEL DETAINED BY THE COMMUNISTS: Report of the U.N. Secretary-General, September 9, 1955 1. The General Assembly, by resolution 906 (IX) of 10 December f 1954, requested the Secretary-General to seek the release, in accord- ence with the Korean Armistice Agreement, of eleven United Nations Nations Command 4 still detained. It further requested the Secre- t tary-General to make, by the means most appropriate in his judg- f ment , continuing and unremitting efforts to this end and to report progress to all Members on or before 31 December 1954. Department of State Bulletin, Jan. 31, 1955, p. 192. For the text of a letter from the Secretary of State to the next of kin of each of the imprisoned personnel , dated Jan. 27, 1955, advising that the Department of State would not issue pass- ports valid for travel to the Chinese mainland, see ibid., Feb. 7, 1955, p. 214. Y.N. doc. A/2954, Sept. 9, 1955. In the debate on this resolution attention was drawn to four jet pilots, serving peoler the United Nations Command, who were known to be detained in China. ms 01 ne ng je 2 ES € 11 e • Supra, doc. 103. 2714 AMERICAN FOREIGN POLICY, 1950–1955 l SI 0] 8 11 2. On 31 December 1954,' I submitted a report informing Members 11. that, following an exchange of communications with the Prime Minister of the State Council and Minister for Foreign Affairs of the People's Republic of China and a meeting in Stockholm with General Keng Piao, Ambassador of the People's Republic of China, arrange. 10 ments were made for the Secretary-General to visit Peking. 3. As stated in my annual report to the General Assembly on the work of the Organization, my visit to Peking was made necessary because of the need to establish a direct contact with the Central People's Government of the People's Republic of China, since this Government was not represented in any organs of the United Nations. The visit, aimed primarily at clarifying the substantive and legal aspects of the matter, established this direct contact on a personal basis. It thus provided possibilities to pursue the discussion con- cerning the problem raised by the detention of the United Nations personnel referred to in the General Assembly resolution. le 4. After my return from Peking I continued, within the framework U of the contact thus established, an exchange of views with Mr. Chou En-lai, Prime Minister and Minister for Foreign Affairs of the People's Republic of China. The contact was maintained mainly through series of communications transmitted by the Swedish Embassy in Peking. I received valuable assistance also from representatives of the Governments of other Member States. 5. A renewed personal contact with a representative of the Central People's Government of the People's Republic of China, Ambassador Keng Piao, was made by me in Stockholm on 23 April 1955. 6. By a letter to me, given to the Swedish Ambassador in Peking in the early afternoon of 29 May 1955 (New York time), Mr. Chou En-lai announced that an investigation of the cases of four detained fliers had been completed and that it had been decided that they should be deported immediately from the territory of the People's Republic of China. The four men arrived in Hong Kong on 31 May 1955. 7. By an oral message to me, given to the Swedish Ambassador in Peking at 1 o'clock in the morning, 1 August 1955 (New York time), and transmitted by him, Mr. Chou En-lai announced that the Central People's Government of the People's Republic of China had decided to release as soon as feasible the eleven American fliers who had been detained and imprisoned, and that an announcement to that effect would be made in Peking at 10 a. m. on 1 August 1955 (New York time). The eleven men årrived in Hong Kong on 4 August 1955. 8. Mr. Chou En-lai has expressed his hope that the contact estab- lished will be continued. In reply I have stated that this hope is shared by me. 1 See U.N. General Assembly, Official Records, Ninth Session, Anneres, Agenda item 72 (A/2891). [Footnote in the original document.] 2 Ibid., Tenth Session, Supplement No. 1 (A72911).:' [Footnote in the original document.] 3 See Department of State Bulletin, June 13, 1955, p. 953. * See ibid., Aug. 15, 1955, p. 262. 1 I KOREA 2715 rs le le a] D- le V 2 is 3. 11 3 l- S u KPA/CPV military units. Their retention after 24 September 1953 Agreement by the KPA/CPV. For the second time, the NNSC Member of a side as authorized in paragraphs 28 and 42F of the Armistice Agreement. For the second time, the Czech and Polish ? Department of State Bulletin, May 3, 1954, pp. 689-691. 3 All brackets inserted in original Bulletin presentation. 1. OPERATION OF THE KOREAN ARMISTICE MACHINERY, 1953–1955 107. COMMUNIST OBSTRUCTION OF INSPECTION ACTIVI- TIES IN KOREA: Letter From the Senior United Nations Repre- sentative on the Military Armistice Commission to the Neutral Nations Supervisory Commission, April 15, 1954 1. For investigation of violations of the Armistice Agreement by the KPA/CPV [Korean People's Army/Chinese People's Volunteers] i side , during the period 29 November 1953 to 9 February 1954, the following facts are presented for your immediate consideration. 2. On 29 November 1953, after the KPA/CPV in a meeting of the MAC [Military Armistice Commission) refused to submit a joint k letter to the NNSC [Neutral Nations Supervisory Commission), the UNC (United Nations Command) unilaterally requested the NNSC to investigate the case of three soldiers apprehended by the UNC on 19 November 1953 in the Joint Security Area. These three soldiers were identified beyond question to be former soldiers of the ROKA f Republic of Korea Army!. The place and date of their capture by the KPA/CPV was firmly established. Although ample evidence 1 was available to verify the fact that these persons were impressed into the KPA/CPV military units, and were retained after 24 Sep- tember 1953, a clear violation of paragraph 51 of the Armistice Agree- ment by the KPA/CPV, the Czech and Polish members of the NNSC refused to participate in any proceedings for the consideration of this critical matter as a violation of the Armistice Agreement. 3. On 18 December 1953, after the KPA/CPV in another meeting of the MAC again refused to submit a joint letter to the NNSC the UNC unilaterally, and for the second time, requested the NNSC to investigate the case of two individuals apprehended by the UNC South of the Southern boundary of the Demilitarized Zone on 10 December 1953. These individuals, as in the case of the three ROKA persons previously cited, were also identified beyond question to be former soldiers of the ROKA who had been impressed into the constituted a second clear violation of paragraph 51 of the Armistice failed to take any action on a unilateral request from the Senior S 0 r members of the NNSC refused to participate in the performance of their solemn obligation under the terms of the Armistice Agreement 4. On 18 January 1954, and again on 26 January 1954, the UNO submitted separate unilateral requests to the NNŠC to investigate 1 Maj. Gen. J. K. Lacey, USAF. 2716 AMERICAN FOREIGN POLICY, 1950–1955 01 m 9.] 82 pi 91 bu b K b T CE letter to the NNSC. The influence that this letter had on the proceed- requests for investigation of violations by submitting unfounded to the UNC requests of 9 February 1954. This letter was received specific military units of the several ROKA persons, who had been impressed into the military service of the KPA/CPV, in order to ascertain whether these and other individuals had also been forcibly detained in the territory under the military control of the KPA/CPV, For the third and fourth time, respectively, the Czech and Polish members of the NNSC again refused to cooperate in the investigation of KPA/CPV violations of the Armistice Agreement. The arguments presented by the members gave every indication of being mere excuses to prevent the NNSC from confirming KPA/CPV violations of the Armistice Agreement in the territory under the military control of the KPA and the CPV. Particularly significant, however, was the fact that the responses of the Polish and Czech members as évidenced by an examination of the minutes of the 89th and 96th meetings of the NNSC, conformed to and appeared to be unduly influenced by the contents of two prior letters of 19 January and 27 January, issued by the Senior Member of the KPÅ and CPV, MAC, as his reply to the UNC unilateral requests submitted to the NNSC on 18 Jan- uary and 26 January, respectively. Substantiation of such influence is found in the following remark made by the Polish member and confirmed by the Czech member, at the 96th meeting of the NNSC: The Polish Delegation also deems it its duty to declare that for the above stated reasons it will not agree-either now or in the future---to a request of one of the sides to conduct any investigation in connection with the issue of retention of the captured personnel of the other side--until settlement or under- standing is reached on the matter by the two opposing sides or by the forth- coming political conference. Such a decision by the Czech and Polish members is considered by the UNC to render the NNSC ineffective for future investigation of any Armistice violations relating to captured ROKA personnel impressed into KPA and CPV military units. 5. Finally, on 9 February, 1954, the UNC unilaterally requested the NNSC to investigate the illegal introduction of combat material into the territory under the military control of the KPA and the CPV, in violation of the Armistice Agreement. Names of places and exact locations were included in this request of the UNC. Before the NNSC had officially announced its decision regarding the UNC request, the Senior Member of the KPA and CPV, MAC, addressed a letter to the Senior Member of the UNC, MAC, denying all the facts presented. Concurrently he forwarded an 'almost identical ings of the NNSC cannot be discounted. 6. In attempting to veil these KPA and CPV violations, the Senior Member of the KPA and CPV, MAC, charged the UNC with viola- tions of the Armistice Agreement, with no foundation in fact. In addition to labeling the UNC charges slanderous fabrication, the Senior Member of the KPA and CPV, MAC, attempted to offset the UNC charges against the UNC. In a letter dated 23 Feb. 1954, the NNSC indicated its inability to carry out its pledged obligations with regard W 8 2 b ī KOREA 2717 to le le le 8 Te of f ( - 19 March 1954. This was the fifth time that the Czech and Polish members of the NNSC refused to participate in the performance of their duties as members of the NNSC, in accordance with the pro- sh visions of the Armistice Agreement. 7. Reliable information available to the UNC shows that the ts KPA and CPV have introduced operating combat aircraft into the es territory under the military control of the KPA and the CPV, and are introducing combat equipment in such a manner as to by-pass- of and evade the NNITs [Neutral Nations Inspection Teams) at the ne ports of entry in the territory under the military control of the KPA d and the CPV, all of which acts are deliberate violations of the Armi- stice Agreement. Although the Senior Member of the UNC, MAC, has requested that investigation of these violations be accomplished d by the NNSC, the Senior Member of the KPA and CPV, MAC, has y stated that no such inspection could ever be permitted since the 1 KPA and CPV have not violated the agreement. The Senior Mem- ber of the KPÅ and CPV, MAC, as the representative of his com- d manders, has clearly violated that portion of para 17 of the Armistice 3: Agreement which states: The Commanders of the opposing sides shall establish within their respective commands all measures and procedures necessary to insure complete compliance with all of the provisions hereof by all elements of their commands. They shall actively cooperate with one another and with the Military Armistice Commission and the Neutral Nations Supervisory Commission in requiring observance of both the letter and the spirit of all of the provisions of this Armistice Agreement T 8. The UNC has made every effort to facilitate the operations of the NNSC in the territory under the military control of the UNC and has el in good faith complied with the letter and spirit of the Armistice Agree- ment. The NNİTs have been given maximum freedom to inspect incoming and outgoing equipment according to the agreement. The 1 NNITs have been given access to documents listing combat materiel and military personnel introduced into and evacuated from the terri- 3 tory under the military control of the UNC. With the aid of these documents they have been able to accomplish their supervisory duties quickly and efficiently. At airfields the teams received information on all arrivals and departures of aircraft including approximate flight e appointment times, type of aircraft, and flight numbers. The teams have been allowed to board cargo aircraft to accomplish their inspec- tions and inspections have been carried out daily. The UNC has always willingly and freely complied with requests of the NNITs for additional information. The UNC, in its desire to carry out both the spirit and letter of the Armistice Agreement, has allowed the above mentioned freedom to the NNITs in spite of the fact that it has been obvious from the first that the Polish and Czech members of the WANITs have been utilizing this very freedom for the purpose of taking advantage of administrative errors and technical discrepancies to charge the UNC with deliberate efforts to violate the Armistice Agree- ment. If the UNC had intended to violate the Armistice Agreement it would have followed the system used in the territory under the military control of the KPA and CPV. In that territory the NNITs have been 1 1 2718 AMERICAN FOREIGN POLICY, 1950–1955 k!! so restricted and handicapped by the established procedures that they have been unable to report or investigate any possible violations of the Armistice. Since the Czech and Polish members of the NNSC have subscribed to and supported the views of the Senior Member, KPA and CPV, MAC, before making proper investigations of violations to the Armistice Agreement, as requested by the Senior Member of the UNC, MAC, it appears clear that the NNSC has been paralyzed to such a degree that it cannot carry out its pledged obligations as out- lined under the terms of the Armistice Agreement. The acceptance of the KPA and CPV views of the letters of 19 January, 27 January, and 12 February, respectively, by the members from Poland and Czecho- slovakia, without consideration of the evidence submitted by the UNC, serves to prevent other investigations for substantiated charges of violations of the Armistice Agreement committed by the KPA and CPV. 9. It is obvious that the exercise of the full responsibilities of the NNSC is confined to the area of the UNC. In the territory under the military control of the KPA and the CPV, the NNSC has been unable to conduct investigations as provided for in the Armistice Agreement . The Czech and Polish members of the NNSC, and the Senior Member of the KPA and the CPV, MAC, have obstructed the work of the NNSC to date, and their recent statements appear to preclude the NNSC from ever performing all of its pledged obligations in the future . In view of the outright repudiation by the KPA and CPV of this por- tion of the Armistice Agreement, and the inability of the NNSC to carry out the obligations charged to it by the same agreement, the UNC considers that its rights as a signatory to the Armistice Agree- ment have been denied it. There is to date no indication that the NNSC either can or will fulfill in the area under the military control of the KPA and CPV, the full obligations which its members undertook by accepting office on the NNSC. Neither has the NNSC acknowl- edged the fact that in prohibiting inspections lawfully requested by the UNC the KPA and CPV have in effect unilaterally abrogated that part of the Armistice Agreement applicable to the functions of the NNSC in the territory under the military control of the KPA and CPV. 108. REQUEST FOR INVESTIGATION OF VIOLATIONS OF THE KOREAN ARMISTICE AGREEMENT: Letter From the Representative of the United Nations Command on the Military Armistice Commission to the Neutral Nations Supervisory Com. mission, February 21, 1955 1 1. The United Nations Command charges that the Korean Peoples Army and Chinese Peoples Volunteers have between the dates of 27 July 1953 and 5 February 1955 introduced into the territory under the military control of their side combat aircraft of the MIG type , -1 Department of State Bulletin, Mar. 14, 1955, pp. 428-429; see also ibid, pp. 426-428. KOREA 2719 was also given to the Swiss Minister in Washington, 1 Department of State Bulletin, Mar. 14, 1955, p. 429. An identical aide-mémoire Ite to to ut- 10- res srms, and ammunition therefor, in excess of combat aircraft of the ter MIG type, arms, and ammunition therefor in the territory under the the military control of the Korean Peoples Army and Chinese Peoples Volunteers side on 27 July 1953, and have failed to report them in PA the prescribed manner and form to the Neutral Nations Supervisory Commission, in violation of paragraph 13d and other provisions of jhe the Armistice Agreement. Furthermore, the United Nations Com- mand reports and charges that the above indicated violations occurred at the air installations at: 40° 09' North, 124° 30' East in the vicinity of of Uiju, 39° 57' North, 125° 13' East in the vicinity of Namsi, 39° 54' nd North, 125° 30' East in the vicinity of Taechon, 39°01' North, 125° 50' East in the vicinity of Pyongyang East (Mirim-Ni), 39° 12' North, he 125° 40' East in the vicinity of Sunan, 39° 24' North, 125° 55' East PA in the vicinity of Pyong-Ni, all in the territory under the military control of the Korean Peoples Army and Chinese Peoples Volunteers side. he 2. Therefore in accordance with the provisions of paragraph 28 of he ple the Armistice Agreement, I, as Senior Member of the United Nations Command component of the Military Armistice Commission, request that the Neutral Nations Supervisory Commission dispatch three he mobile Neutral Nations inspection teams to the places indicated he above, outside the demilitarized zone, to conduct special observations and inspections under the provisions of paragraphs 41, 42c and 42f of the Armistice Agreement of the illegal introduction of combat aircraft to of the MIG type, arms, and ammunition therefor by the Korean Peoples Army and Chinese Peoples Volunteers into the territory under their military control, between the dates 27 July 1953 and 5 February 1955, in excess of those items which were in the territory under the of military control of the Korean Peoples Army and Chinese Peoples k Volunteers on 27 July 1953 in violation of paragraph 13d of the 1 Armistice Agreement, and a failure to report the same to the Neutral Nations Supervisory Commission in accordance with the requirements у of the Armistice Agreement. 3. The United Nations Command is prepared to present photo- graphs and other evidence in support of the above indicated charges. 20. jer e. I- he - 18 @ 109. TERMINATION OF THE ACTIVITIES OF THE NEUTRAL NATIONS SUPERVISORY COMMISSION: Aide-Mémoire From the Department of State to the Swedish Embassy at Washington, March 2, 1955 1 Reference is made to the Aide-Mémoire of the Embassy of Sweden Legation of Switzerland) of January 27, 19552 concerning the desire of the Swedish (Swiss) Government that consideration be given to the termination of the activities of the Neutral Nations Supervisory 2 Not printed. 2720 AMERICAN FOREIGN POLICY, 1950–1955 es on 18 ter Tel Commission, or, failing that, to agreement by the signatories to the Korean Armistice Agreement to a solution comprising a sizeable re- duction of the personnel of the four delegations to the Neutral Nations Supervisory Commission. In replying to these proposals, this Gov- ernment has consulted with its Allies whose forces fought under the United Nations Command to repel the Communist aggression. The Government of the United States appreciates the difficulties Sweden (Switzerland) is encountering in carrying out a task which the Swedish (Swiss) Government had undertaken on the understand- ing that the Commission would last for only a limited time. Furtherm more, it is aware that obstructionist activities on the part of the Communist side have made it impossible for the Neutral Nations Supervisory Commission to fulfill its responsibilities under the Armi- stice Agreement. The Government of the United States, therefore , te agrees with the Government of Sweden (Switzerland) that the Neutral Nations Supervisory Commission should be abolished. for It is understood, however, that the Chinese Communist reply to CH the Swedish Aide-Mémoire rejects the liquidation of the Neutral Nations Supervisory Commission which is the solution preferred by the Government of Sweden (Switzerland), but accepts in concept the less preferred alternative of a reduction in the Neutral Nations Super-yo visory Commission personnel. Despite the current activities under- taken by the Neutral Nations Supervisory Commission at the request of either the United Nations Command side or the Communist side , it is the view of the Government of the United States, primarily be- cause of the consistent history of Communist obstruction, that it is doubtful that any useful purpose would be served by a continuation of the Neutral Nations Supervisory Commission. to The Government of the United States expresses the hope that the Government of Sweden (Switzerland) will conduct its further consul- tations on the problem on an urgent basis and awaits with interest C the results of such consultation. K m粗 ​阴 ​阴​址 ​en DA SU pe 00 110. COMMUNIST VIOLATIONS OF THE KOREAN ARMISTICE AGREEMENT: Statement by the Senior United Nations Com- mand Representative on the Military Armistice Commission,' July 5, 1955 2 an TO $1 C 1 A concept basic to the establishment and maintenance of the Armistice in Korea was that the balance which existed between the military forces of the opposing sides on July 27, 1953, would not be altered thereafter by the opposing commanders through the introdue tion of reinforcing military personnel or combat materiel. Provisions for implementing this basic concept were clearly spelled out in detail in paragraph 13 of the Armistice Agreement. Shortly after the signing of the Armistice it became apparent to 1 Maj. Gen. Harlan C. Parks, USAF. 2 Department of State Bulletin, Aug. 1, 1955, pp. 191–196. KOREA 2721 es IS 0 ie - | aircraft, 1,034 armored vehicles, 194,385 weapons, and 386,828,087 Army and the Chinese People's Volunteers, on the other hand, es- tablished no such system or procedures, failed to use your designated be the United Nations Command that the Korean People's Army and the Chinese People's Volunteers were resorting to every possible subterfuge to avoid compliance with the provisions of paragraphs 13 F) and (d) of the Armistice Agreement. Whereas the United Nations ne Command submitted its first combat materiel and personnel report es prescribed in paragraphs 13 (c) and (d) of the Armistice Agreement on 28 July 1953, the day following the signing of the Armistice, it h was not until 12 September 1953 that your side submitted its first de report of rotation personnel and not until 6 October 1953 that you r submitted your first combat materiel report. Your first personnel de report dated 12 September 1953 instead of reflecting actual arrivals and departures merely listed 964 departures and no arrivals for the - 24-hour period of 15-16 September 1953. Apparently you would have the United Nations Command and Neutral Nations Supervisory al Commission believe that from 28 July to 15 September, with a military force exceeding 1,200,000 men, the majority of whom came from Red China, not one soldier arrived or left Korea during that 7-week period. a Your first combat materiel report of 6 October 1953 reflected an outgoing shipment of four 57 mm. anti-tank guns with 20 rounds of ammunition, and it was not until 9 February 1954 that you submitted your first legitimate combat materiel report reflecting an incoming slipment --covering one 37 mm. AA gun. Again, you would ap- parently have us believe that you could logistically support your buge military force in war-torn and ravaged North Korea for the entire first 6 months of the Armistice without a single incoming ship- That the United Nations Command has continued scrupulously to comply with provisions of 13 (c) and (d) is reflected in the following figures taken from the official records covering the first year of the Armistice. From 27 July 1953, to 31 July 1954, the United Nations Command submitted 370 personnel reports covering 287,343 perma- dent arrivals and 362,122 departures. During this same period the Korean People's Army and the Chinese People's Volunteers side submitted only 42 reports covering the ridiculous figures of 12,748 permanent arrivals and 31,201 departures. The United Nations Command during this period submitted 1,057 combat materiel reports covering the movement of 9,717 combat The Korean People's Army and the Chinese People's Volunteer on the other hand, submitted only 24 combat materiel reports covering the movement' of zero combat aircraft, 14 armored vehicles, 1,848 weapons, and 746,500 rounds of ammunition. The United Nations Command established a system and procedures to insure that all incoming and outgoing combat materiel and personnel se shipped only through designated ports of entry and took neces- sary measures to facilitate free and open inspections of these shipments by the Neutral Nations inspection teams. The Korean People's it V - S ment. 1 e t 1 rounds of ammunition. side, 415900---57--Vol. 26-68 2722 AMERICAN FOREIGN POLICY, 1950–1955 & 1 1 | ܝܚ ܕ܂ C 1 * no Air Force and not one usable airfield. Our side bas presented these official photographs to the Neutral Nations Supervisory Commission Within a few months after the Armistice Agreement was signed our ports of entry, and resorted to every conceivable pretext to cir cumvent the provisions of 13 (c) and (d). Attempts by the Swiss and Swedish members of the Neutral Nations Supervisory Commis . sion to carry out their functions of inspection and observation wer: effectively blocked by the Czechs and Poles. RELATIVE MERITS OF INSPECTION SYSTEMS S The relative merits of the inspection system established in the South as compared with that established in the North was the subject of considerable discussion and deliberation by the Neutral Nations În the 107th plenary session of the Neutral Nations Supervisory i Commission on 23 February 1954, General Wacker, the Senior Swiss Member, made these observations: In the South, rotation takes place every day and every hour in all ports of entry with the exception of one, whereas in the North some spare parts are shipped out once a month through one or two ports of entry and then introduced again a few weeks after. I have never heard anything about rotation of aircraft, armored vehicles, or even complete weapons and ammunition in the North. I think we have the right to ask ourselves how it is possible that an army counting several one hundred thousand soldiers can be logistically supported by the amount of material as shown by the figures which are being submitted to us. in the South the teams control . . . all material being brought into Korea--control which is being carried out, thanks to documents submitted by the local authorities (load manifests, ship manifests) as well as by means of inspections on the spot . Ì emphasize the fact that in the South these documents and inspections concern non-combat material as well as combat material. In contrast to this , we find that in the North not more than two to four inspections of spare parts of wa material have been carried out every month only in the ports of entry of Sinuju and Manpo. General Mohn, the Senior Swedish Member of the Neutral Nations Supervisory Commission, observed that, Gradually the teams in the South secured an insight in the movements of all cargo in their respective ports of entry. The Polish and Czechoslovakian men. bers of the teams were only too eager to inspect all sorts of goods which did not even remotely have any connection with combat material. They were not in the slightest embarrassed by the restrictive interpretation of the armistice agree ment apparently held by their principals in Panmunjom. . . . Well, what happened in the North? Ås we all know, the teams in North Korea had to wait an unusually long time before they found anything to put their teeth in. They wandered about aimlessly in their ports of entry, not knowing exactly what to do. The airfield situation that existed in the territory under your control at the time the Armistice Agreement was signed is well known by your side as well as ours. All airfields under the control of the Korean People's Army and the Chinese People's Volunteers had been under continuous attack and were inoperative. Photographs taken by the United Nations Command on 27 July 1953 prove that on that dada the Korean People's Army and the Chinese People's Volunteers had refuted. OT KOREA 2723 1 Department of State Bulletin, Mar. 14, 1955, pp. 427–428. SWISS (mis- were lored k we veral it of ntrol ities combat aircraft. A letter was dispatched to the Neutral Nations Supervisory Commission outlining our charges and requesting that cordar surveillance detected continuously increasing jet aircraft activity in the territory occupied by the Korean People's Army and the Chinese People's Volunteers side. Such radar detection was imefutable proof of your violation of paragraph 13 (d). On 21 September 1953 this evidence was further confirmed when Senior Lieutenant Ro Kum Suk, a Korean People's Army and the Chinese People's Volunteers pilot officer who deserted from the outh Korean People's Army and the Chinese People's Volunteers side, et of landed at a Republic of Korea airport and surrendered a MIG-15 ions combat aircraft which had been illegally introduced into Korean People's Army and the Chinese People's Volunteers territory in de- sory fiance of paragraph 13 (d) of the Armistice Agreement. This pilot hiss offered irrefutable proof that from 27 July 1953 until 21 September 1953 he was engaged in the air movement of MIG-15 aircraft. These :ntry combat planes were introduced into the territory under the military 1 cul control of your side subsequent to the signing of the Armistice Agree- a ferment and in direct and willful violation thereof. This pilot had personally observed at least 80 combat aircraft that were brought into the territory of your side contrary to paragraph 13 (d). 1 the SERIES OF OFFICIAL PROTESTS Faced by this serious development and possessed with irrefutable spot evidence, the United Nations Command, on 12 October 1953, lodged en its first official protest against the Korean People's Army and the Chinese People's Volunteers for violating the provisions of paragraph nuiju 13 (d) of the Armistice Agreement by the illegal introduction of air- craft into the territory under your control. The United Nations requested the Neutral Nations Supervisory Commission to conduct an investigation on an airfield near Uiju, where such air- craft were definitely known to be located. Despite the attempts of fall Four Czech and Pole members on the Neutral Nations Supervisory Commission to forestall this investigation, the Neutral Nations Supervisory Commission finally agreed to dispatch a mobile inspection team, but due to collusion between the Czech and Pole members of ally the mobile inspection team with the Korean People's Army and the Chinese People's Volunteers military representatives at the scene of the investigation, you were successful in thwarting any realistic in- ol vestigation. Documents requested by the Swiss and Swede members of the team were refused on grounds that they were secret, requests by by Swiss and Swede members to conduct inspections at the railroad station and other shipping points around the Uiju airfield were denied, ne and visual observations of the Uiju airfield were carefully restricted te and controlled to insure that the team would observe no incriminating Based upon new and additional evidence of your continued secret Air Force build-up, on 9 February 1954, the United Nations Command lodged its second" official protest against your illegal introduction of Vår Command Ons eru. not in ree ned out 211 er evidence. ed 30 -1 T 1 I 2724 AMERICAN FOREIGN POLICY, 1950–1955 1如​如​的​姐姐​好似​叫 ​ME Ć AT 91 mi JI M ary 1955 introduced into the territory under the military control of their side Volunteers side on 27 July 1953, and have failed to report them in the prescribed Again the United Nations Command requested a mobile inspection mobile inspection teams be dispatched to conduct special observations , inspections, and investigations at the following airfields: Pyong-Ni Taechon, Pyongyang East, Uiju, Pyongyang Main, Sinuiju Northeast , 90 Wonsan, Saamcham, and Sunan, as well as road and rail by-passes in the vicinity of the ports of entry of Sinuiju, Chongjin and Manpo . Although the Swiss and Swedish members of the Neutral Nations Supervisory Commission were in favor of dispatching the requested mobile inspection teams, the action was blocked by the veto power of your Polish and Czech comrades, and the investigation was thereby prevented. Previously, General Bures, Czechoslovak, on 29 Janu- ary 1954, had summed up the attitudes always taken by the Czech and Polish members in regard to United Nations Command requests for investigations when he said, "All accusations against the Korean People's Army and the Chinese People's Volunteers side are nothing but groundless fabrications. . Later, 10 February 1954, Colo- nel Bibrowski, Polish member, in speaking of a United Nations Com- th mand request for a mobile inspection team, states, “The Polish delega- tion cannot agree to consider such a request and in no case is it ready to comply with it." From the actions of your side and the actions of your unneutral Czech and Pole representation in the Neutral Nations Supervisory Commission on this and the previous United Nations Command protest it became obvious that any realistic neutral inspection of your illegal activities was virtually impossible. Although the United le Nations Command was cognizant throughout the following year of your continued illegal Air Force build-up, it was not until you overtly employed your illegally amassed air power on 5 February 1955 by making an unprovoked attack against United Nations Command air- craft on a routine training mission over international waters that the United Nations Command lodged another protest against your side . In the Military Armistice Commission negotiations on this incident you inadvertently admitted that your own MIG aircraft participated to in this air battle. This admission constituted conclusive corroboration of your illegal introduction of combat aircraft, of not making the proper combat materiel reports and of by-passing the designated ports of be entry, all in violation of the Armistice Agreement. The third official protest against your illegal introduction of combat materiel was therefore made by the United Nations Command on 21 February 1955. Again the complaint was spelled out in detail. The United Nations Command charges that the Korean People's Army and the Chinese People's Volunteers have between the dates of 27 July 1953 and 5 Febru- be combat aircraft of the MIG type, arms, and ammunition therefor in the territory under the military control of the Korean People's Army and the Chinese People's paragraph 13 (d) and other provisions of the Armistice Agreement. 8. 0 3 I 1 Department of State Bulletin, pp. 426-427. KOREA 2725 Ibid., May 30, 1955, p. 891. DIS tu- an 10- M- sde has not yet submitted the report covering the movement of com- EVIDENCE PROVIDED BY DEFECTORS Un Yong, pilot, and Junior Lieutenant Lee In Son, navigator, both members of the Korean People's Armed Forces Air Force, after de- sircraft were known to be based. Again your Czech and Pole cohorts nas, ca the Neutral Nations Supervisory Commission ably represented Ni, pour side and successfully stalled the dispatch of the mobile inspection st. teams for one week, enabling you to fly your MIG's away from the in bases to be investigated and otherwise remove or hide incriminating 20. evidence. That most of your MIG's were flown out was irrefutably established by our radar surveillance. When the mobile inspection ced teams reached your airfields, every effort of the Swiss and Swede of members to make full and impartial investigations was thwarted by the by Cech and Polish members, just as they had thwarted the investigation of Uiju in October 1953. Although the official reports submitted by ch these teams reveal that at least 88 MIG's were observed on those fields, sts the Czechs and Poles vetoed requests by the Swiss and Swedes for available documents which could have established the dates when those mi sincraft were brought into the territory under your control. It is sig- nificant to note that these documents were the same type documents that were freely offered by the United Nations Command side to 28- mobile inspection teams operating in the South. ly On 10 May 1955 again your illegally introduced aircraft made an al uprovoked attack against United Nations Command aircraft on a nutine training mission over international waters. On 13 May 1955 the United Nations Command lodged a strong letter of protest against the Korean People's Army and the Chinese People's Volunteers for of this hostile act and for the fourth time charged your side with il- ed of egally introducing combat aircraft in violation of the Armistice Agreement. ly An analysis of the official reports submitted by the United Nations Command and the Korean People's Army and the Chinese People's e Yolunteers covering combat materiel shipments for the period 28 2 July 1953 to 31 May 1955, reflects the following: The United Nations Command has submitted 1,969 combat ma- ad teriel reports, covering movement of 16,141 combat aircraft, 2,492 mored vehicles, 447,803 weapons, and 608,386,231 rounds of am- of The Korean People's Army and the Chinese People's Volunteers has submitted 162 combat materiel reports, covering the movement at di zero combat aircraft, 245 armored vehicles, 144,808 weapons, and 10,674,619 rounds of ammunition. I repeat, in the first 22 months of the Armistice, despite the fact that you have twice openly employed pour illegally' acquired combat aircraft in large numbers in hostile ed unwarranted attacks against the United Nations Command, your of bat aircraft in or out of Korea. At approximately 1315 hours 21 June 1955. Senior Lieutenant Lee Ir- nt D er munition. he I- le IT ed of 1 ring 1 2726 AMERICAN FOREIGN POLICY, 1950–1955 TE 1 TTO airfields in the territory under your command capable of supporting de fecting from your side and leaving Pyongyang Main airfield, landed at Seoul airbase and surrendered a YAK-18 aircraft to our side. These men have also surrendered themselves and have asked for asylum from the tyranny and abuse they suffered under your control . This has been granted. Moreover, they have offered to make their full contribution toward the defeat of your iniquitous conspiracy. do Your side will recognize their names. They are men who have held positions of high trust and responsibility in your forces. Senior Lieutenant Lee, the pilot, had served 8 years and 6 months in your lis armed forces. He graduated from the Air Academy in Chkalov, U.S. S. R., and the Air Officers' School in Yenchi, Manchuria. Your side has rewarded him with the 3d Class Order of the National Flag Medal, 2d Class Order of the National Flag Medal, 2d Class Freedom and Independence Medal, Air Merit Medal. Senior Lieutenant Lee was a member of the Korean People's Armed Forces Air Force, 858th Independent Night-Bomber Regiment. Junior Lieutenant Lee In Son has served in your forces for 4 years and 9 months. His services have been rewarded by the presentation of the Merit Medal. He was a member of the Korean People's Armed Forces Air Force, 858th Independent Night-Bomber Regiment. Senior Lieutenant Lee, the pilot of the YAK-18 aircraft, was sta- tioned at Pyongyang Main airfield from July 1953 until September 1954 and again from February 1955 until 21 June 1955, the date of his defection. The navigator was at Pyongyang Main from July of 1953 until his defection with Senior Lieutenant Lee on 21 June 1955 . Both men had made frequent and regular flights to other principal bases used by your air forces. Consequently both men were well informed on the airfield development in North Korea, and the strength composition, deployment, and operations of your illegally established bo Air Force. I now present you with the evidence provided freely and voluntarily to our side by these two former members of your Air Force: hr 1. The YAK-18 aircraft which Senior Lieutenant Lee and Junior Lieutenant Lee flew from Pyongyang Main to Seoul on 21 June 1955 bears serial number 8715. The YÅK-18 is fitted with one under wing bomb rack under each wing, and each rack is capable of carrying a 100 kilogram bomb. Senior Lieutenant Lee stated that while stationed at Antung, Manchuria, he flew aircraft of this type in night bombing combat operations from October 1951, to March 1952, and that he has flown 600 hours in this type of aircraft, of which 200 hours were in combat. The YAK-18 in which the defectors came to Seoul is a combat aircraft as defined by the Military Armistice Commission it was brought to Korea in April, 1954, in direct violation of paragraph 13 (d). 2. Although we know, and our photographs taken on 27 July 1953 prove that at the time of the Armistice Agreement there were no stored to full operation and are supporting combat aircraft. Ou chon, Pyongyang East (Mirin-Ni) and Onkong-Ni, have been me itt Tes any WE de SIC . UL CO KOREA 2727 flectors merely served to confirm existing evidence and provide The information provided our side by your two most recent de- another link in the long chain the United Nations Command has constructed to irrefutably prove your illegal Air Force build-up. UT m ee IS OD - er od nar tracks have verified the flying activity at these fields. The le defectors also stated that more fields are being built to support the or growing strength of the Korean People's Armed Forces Air Force. ol . This is further evidence of your expanding Air Force strength. ir 3. The two defectors were stationed at Pyongyang in March, 1955 during the period mobile inspection teams 6, 7, and 8 were conducting ld their investigations. Senior Lieutenant Lee and Junior Lieutenant or Lee provided specific information on steps your side took to remove, ur aiguise and conceal incriminating evidence during the mobile inspec- V, hon team investigations. Among the ruses employed by your side Fere the following: ag A. Your side flew many combat aircraft away from the inspected irfields. th B. Your side hid combat aircraft in ravines in the hills in the vicinity of the airfields and camouflaged them. C. Your side dismantled some of the aircraft and concealed them. D. Your side stationed heavy guards about the hiding places and t's revented inspection of these areas by the mobile inspection teams. it. E. Your side arbitrarily reduced the boundaries of the airfields, thereby restricting the scope of the mobile inspection team inspection. F. Your side prepared false testimony by long, detailed coaching is probable witnesses and by substituting politically indoctrinated 53 higher ranking officers for lower ranking officers by switching insignias. 15. G. Your side delayed the assembly of newly arrived combat aircraft Da! * Techon by leaving them in their crates until the mobile inspection ell leam investigations were completed. Senior Lieutenant Lee, who sh, reads Russian, noticed the wording "Kiev Aircraft Factory" on tags ed attached to one of his unit's combat aircraft. This aircraft's log book showed that the plane left the Russian factory in March 1955. 4. The defectors have also stated that since the signing of the amnistice Agreement the illegal build-up of the Korean People's Armed Forces Air Force has been taking place, so that at the present 35 line there are more than 300 combat aircraft, the majority of which de jet fighters of the MIG-15 type. This has also been confirmed ng our radar and by the incidents where our aircraft have been stacked over international waters by Korean People's Armed Forces ht nd 5. The two defectors confirmed the fact that the MIG-15 jet ghters , which attacked United Nations planes over international paters on the 5th of February, 1955, and on the 10th of May, 1955, w from bases in the territory under the military control of your aide, and that these MIG aircraft belonged to your air forces. Jy Or er- ale Air Force fighters. TS u Bli 53 LIST OF CHARGES 30 n- 2728 AMERICAN FOREIGN POLICY, 1950–1955 1 I have presented to you today the official record of your continuous and numerous violations of paragraph 13 (d), paragraph 17, and other fundamental provisions of the Armistice Agreement, through out the Armistice period. It stands as monumental evidence to the United Nations Command and the free world of your complete insincerity, dishonesty, and utter lack of integrity. The combat forces, and particularly the air forces, that you have built up illegally and covertly since the signing of the Armistice, constitute a grave situation which threatens seriously the very structure and stability of the Armistice itself. The United Nations Command, at this time, lodges the strongest and most serious protest made against your side since the signing of the Armistice and charges that, through your willful, deliberate and illegal build-up of your combat forces, you have: 1. Flagrantly violated every basic provision of the Armistice Agreement, including the spirit and intent of that document. 2. Clearly demonstrated your aggressive intent of acquiring & favorable military position over the forces of the United Nations Command. The United Nations Command demands that: 1. You provide the United Nations Command, without delay, an accurate accounting of all combat materiel and combat aircraft introduced into the territory of your side since the signing of the Armistice. 2. You immediately provide the Neutral Nations Supervisory Commission with corrected combat materiel reports which reflect the mass of combat materiel and hundreds of aircraft you have illegally introduced into Korea. 3. You cease immediately the illegal introduction of additional combat materiel and combat aircraft into the territory of We have listened since last summer to the soothing music of your united Korea, while at the same time contending with your continued peaceful propaganda and your expressions for a free and independent willful and flagrant violations of the Armistice Agreement, your hostile and aggressive actions, and your murderous and inhumane atrocities. The time has come to demand that the powers who are directing your iniquitous activities start trying to reconcile your Dr. Jekyll with your Mr. Hyde. your side. KOREA 2729 tice 38 ONS donment of the fruits of aggression. Department of State Bulletin, June 15, 1953, pp. 835-836. and J. RELATIONS BETWEEN THE UNITED STATES AND THE REPUBLIC OF KOREA RESPECTING the POLITICAL, ECONOMIC, AND MILITARY MAT. TERS, 1953-1955 bat ally lity 111. UNITED STATES POLICY IN KOREA: Letter From the Presi- dent of the United States to the President of the Republic of Korea, June 6, 19531 cate DEAR MR. PRESIDENT: I received on June 2 the cabled text of your communication dated May 30.? I have given it the careful and sympathetic consideration it deserves. The Republic of Korea has engaged all of its resources, human and material , in a struggle which will go down in history as one of the epic struggles of all time. You have dedicated your all without reservation to the principle that human liberty and national liberty must survive against Communist aggression, which tramples upon human dignity and which replaces national sovereignty with a humiliating satellite can status. The principles for which your nation has fought and for which aft the and free nations everywhere. so many of your youth have died are principles which defend free men The United States has stood with you, and with you we have fought one for those principles, as part of the United Nations Command. The your youth and our youth has been poured out on the altar of aly common sacrifice. Thereby we have demonstrated not only our dedi- mal cation to the cause of human freedom and political liberty, but also our dedication to an equally important principle which is that there de cannot be independence without interdependence, and there cannot be human liberty except as men recognize that they are bound together by ties of common destiny. The moment has now come when we must decide whether to carry on by warfare a struggle for the unification of Korea or whether to ne pursue this goal by political and other methods. The enemy has proposed an armistice which involves a clear aban- tory which the Republic administered prior to the aggression, indeed this territory will be somewhat enlarged. The proposed armistice, true to the principle of political asylum, assures that the thousands of North Koreans and Communist Chinese prisoners in our hands, who have seen liberty and who wish to share it, into Communist areas. The principle of political asylum is one which we could not honorably surrender even though we thereby put an blood of OUT ent ned OUT are ur ? Not printed. 2730 AMERICAN FOREIGN POLICY, 1950–1955 SIOL Rei tat lish pec pro OV net to CON course. any such treaty would be made only with the advice and consent 1 For text of the Mutual Defense Treaty between the United States and the earlier end to our own human and material losses. We have suffered together many thousands of casualties in support of this principle . It is my profound conviction that under these circumstances accept- ance of the armistice is required of the United Nations and the Re- public of Korea. We would not be justified in prolonging the war with all the misery that it involves in the hope of achieving, by force, the unification of Korea, gog The unification of Korea is an end to which the United States is committed, not once but many times, through its World War II jus declarations and through its acceptance of the principles enunciated in reference to Korea by the United Nations. Korea is unhappily not M the only country which remains divided after World War II. We remain determined to play our part in achieving the political union of pro all countries so divided. But we do not intend to employ war as an instrument to accomplish the world-wide political settlements to which we are dedicated and which we believe to be just. It was indeed a crime that those who attacked from the North invoked violence to bel unite Korea under their rule. Not only as your official friend but as 8 say personal friend I urge that your country not embark upon a similar . fen. There are three major points I would like to make to you: Wh 1. The United States will not renounce its efforts by all peaceful adi means to effect the unification of Korea. Also as a member of the United Nations we shall seek to assure that the United Nations con- set tinues steadfast in its determination in this respect. In the political the conference which will follow an armistice that will be our central objective. The United States intends to consult with your Govern- ment both before and during such a conference and expects the full of participation of your Government in that conference. be 2. You speak of a mutual defense pact. I am prepared promptly after the conclusion and acceptance of an armistice to negotiate with you a mutual defense treaty along the lines of the treaties heretofore 11: made between the United States and the Republic of the Philippines, and the United States and Australia and New Zealand. You may recall that both of these treaties speak of "the development of a more comprehensive system of regional security in the Pacific area." A security pact between the United States and the Republic of Kores would be a further step in that direction. It would cover the territory Pan now or hereafter brought peacefully under the administration of the ROK. Of course you realize that under our constitutional system, th of the Senate. However, the action which the United States has here- tofore taken, and the great investment of blood and treasure which has thu already been made for the independence of Korea are certainly clear indications of American temper and intentions not to tolerate e repetition of unprovoked aggression. 3. The United States Government, subject to requisite Congres- Republic of Korea of Oct. 1, 1953, see supra, pp. 897-898. 800 vor 1 SD an of ASE be 1 thi 2 KOREA 2731 an to 38 the manner in which the United States and the United Nations can best 1 For the reply (June 19, 1953) of the President of the Republic of Korea to this letter, see Department of State Bulletin, July 6, 1953, pp. 13–14. 3 Department of State Bulletin, Sept. 7, 1953, p. 313. See ibid., Apr. 20, 1953, p. 576. edsional appropriations, will be prepared to continue economic aid to the Republic of Korea which will permit in peace a restoration of its devas- Pt- tated land. Homes must be rebuilt. Industries must be reestab- le lished . Agriculture must be made vigorously productive. ith he The preamble of the Constitution of the United States states the goals of our people, which I believe are equally the goals of the brave is people of Korea, namely "to form a more perfect union, establish II justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty 10t Manifestly, not all of these conditions now prevail in Korea. More- Ve over, in existing circumstances they cannot be achieved either by of prolongation of the present conflict or by reckless adventure with a new one. Only by peaceful means can these things be achieved. With the conclusion of an armistice the United States is prepared ed to join with the Republic of Korea to seek for Korea these ends. We to believe that in Korea there should be a more perfect union and, as I say, we shall seek to achieve that union by all peaceful methods, lar We believe that there should be domestic tranquillity and that can come from the end of fighting. There should be provision for the de- fense of Korea. That will come from the mutual security treaty which we are prepared to make. The general welfare should be ful advanced and that will come from your own peacetime efforts and from he economic assistance to your war-torn land. Finally, a peaceful settlement will afford the best opportunity to bring to your people al the blessings of liberty. ral I assure you, Mr. President, that so far as the United States is ] concerned, it is our desire to go forward in fellowship with the Republic of Korea. Even the thought of a separation at this critical hour would be a tragedy. We must remain united. dly th 112. SUMMARY OF A REPORT OF THE PRESIDENT'S SPECIAL REPRESENTATIVE 2 FOR KOREAN ECONOMIC AFFAIRS, JUNE 15, 1953 (Excerpt) Pursuant to a recommendation of the National Security Council, President Eisenhower on April 9, 1953, appointed Henry J. Tasca as de special representative of the President for Korean Economic Affairs and requested that he head a mission to investigate ways and means of strengthening the Korean economy. The President directed that the mission's recommendations include the amounts and types of U.S. assistance desirable in support of the Korean economy; proposals as to D- 1- re es, ay re A 3 28 I'Y 1, at e- 25 21 a · Henry J. Tasca. he 2732 AMERICAN FOREIGN POLICY, 1950-1955 Sub DOY bet initi 10 10 ty [MUTUAL DEFENSE TREATY BETWEEN THE UNITED STATES 113 most efficient manner possible; and the formulation of measures to be adopted to insure the coordination of all economic programs in Korea. The results of the mission's investigation are embodied in this report , The mission arrived in Korea on April 17, 1953, and headquarters bee were established in Pusan. A series of meetings was held with U.N. the Command agencies in Korea, with the U.N. Korean Reconstruction of Agency, with each of the Ministries of the Republic of Korea, with the chairmen of National Assembly Committees, and with the Korean Chamber of Commerce. Each of the above prepared extensive ma- terial on the Korean economy for consideration by the mission. In addition, the special representative visited most of the important l in industrial plants and agricultural and mining areas in South Korea including Seoul, the capital. In developing its plan the mission has examined in detail the economic support requirements of the Korean defense forces and the consumption requirements of the Republic of Korea (ROK) as well as dor production and investment possibilities and programs in all sectors , sha The report assumed, in this connection, that an armistice would be to negotiated at the beginning of the reconstruction period. The mission's major recommendations are: 1. The United States should institute a new program of defense 441 support, relief, and reconstruction in Korea, of 4 or 5 years' duration , the which it is anticipated will require a substantial amount in external wi assistance. 2. The new program would not replace the U.N. Korean Recon- struction Agency (UNKRA) program but would be coordinated with it , nor would it replace Civilian Relief in Korea (CRIK), the emergency relief program of the Department of the Army in Korea. 3. Funds for the new program should be sought through the Mutual Security Agency (Msa) or its successor. 4. Consistent with the expanded economic aid program, the Rok Government should initiate certain basic changes in its financial th structure, aimed at such goals as balancing the Government budget , establishing and maintaining a uniform exchange rate, strengthening the currency, and making credit controls more effective. 5. Technical and professional skills of the Korean people should be 12 developed as rapidly as possible. 6. A new agreement governing aid from the United States should be negotiated with the ROK Government. th: AND THE REPUBLIC OF KOREA, OCTOBER 1, 1953) · al at COL an wi GT 矿​, 1 Supra, pp. 897-898. 19: 1 KOREA 2733 28.1 as I'S. ES demonstration of our solidarity of purpose. subject by the Secretary of State, see ibid., Jan. 11, 1954, pp. 42–43. 1953; supra, p. 2662. Department of State Bulletin, Aug. 9, 1954, p. 197. 113. REDUCTION OF UNITED STATES FORCES IN KOREA: be Statement by the President, December 26, 1953 1 ort. The fighting in Korea was ended by an armistice which has now ers been in effect for 5 months. We do not need as much ground strength .N. there now as when there was fighting. That is the more true because ion of the capabilities of ROK [Republic of Korea] forces which were the substantially built up during the war. Also our growing national air power possesses greater mobility and greater striking force than ever 18. before. ID Accordingly I have directed that the United States ground forces ant in Korea be progressively reduced as circumstances warrant. As an res initial step, two Army divisions will soon be withdrawn and returned to the United States. While the United States is acting in good faith she to preserve the armistice and accomplish its purposes, we remain alert the to all possibilities. Therefore, I emphasize that the action being taken does not impair our readiness and capacity to react in a way which should deter aggression and, if aggression should nevertheless occur, be to oppose it with even greater effect than heretofore. Recently the United Nations members which had forces in Korea clearly stated that, together, we would be united and prompt to resist any renewal of armed attack. The same statement pointed out that the consequences of such a breach of the armistice would be so grave on, nal that, in all probability, it would not be possible to confine hostilities within the frontiers of Korea." The United States military forces in the Far East will be maintained it, at appropriate levels to take account of the foregoing and to fulfill the commitments which the United States has undertaken in that area, су and which are vital to the security of the United States. These forces the will feature highly mobile naval, air, and amphibious units. Thus, we move forward in pursuance of our broad policy to make evident to all the world that we ourselves have no aggressive inten- -191 tions and that we are resourceful and vigilant to find ways to reduce et, the burdens of armament and to promote a climate of peace. ng be 114. EXCHANGE OF VIEWS WITH RESPECT TO KOREAN DEVELOPMENTS: Joint Statement Issued at Washington by ld the President of the United States and the President of the Republic of Korea, July 30, 1954% We have had a fruitful and cordial exchange of views on a number of matters of mutual concern. These conversations have strengthened the friendship existing between our two countries and are a further Department of State Bulletin, Jan. 4, 1954, p. 14. For a statement on this 198 OD- OK 2734 AMERICAN FOREIGN POLICY, 1950--1955 COL 2 On August 8, 1953, President Rhee and Secretary Dulles agreed to that the United States and the Republic of Korea would again con- sult if the political conference envisaged in the Armistice of July 27, 1953 failed to produce a satisfactory settlement. This conference was held at Geneva from April 26 to June 15, 1954, but at that meeting in the Communists refused to accept any formula for the unification of ap Korea on the basis of genuinely free elections under U.N. supervision and instead continued to press for arrangements which would have off led directly and inevitably to extinguishing the liberties of the Korean people. We reaffirm our intention to move forward, in accordance with the Charter of the United Nations and the resolutions of the General Assembly on Korea, to achieve a unified, democratic, and independent K Korea. In view of the failure of the Conference at Geneva to reach a settlement of the Korean question, we have discussed means for continuing to seek this objective. Our military and economic advisers will continue with more detailed discussions of the questions of common interest which concern them. Of In conclusion, we reiterate our determination to continue to work Re together in close and reciprocal cooperation to attain our common UN objectives regarding Korea. ab och cee COL me est. me 115. UNITED STATES-KOREAN COOPERATION: Agreed Min. ute Between the United States and the Republic of Korea, No- vember 17, 1954 3 ser ap of mi 1 to KO this i It is in the mutual interest of the United States and the Republic Re of Korea to continue the close cooperation which has proved mutually beneficial and has played such an important part in the Free World's struggle against Communist aggression and its determination to KO remain free. Accordingly, It is the intention and policy of the Republic of Korea to: 1. Cooperate with the United States in its efforts to unify Korea , including possible efforts through the United Nations to secure objective; 2. Retain Republic of Korea forces under the operational control of the United Nations Command while that Command has responsi- bilities for the defense of the Republic of Korea, unless after consul- tation it is agreed that our mutual and individual interests would best be served by a change; 3. Accept the force levels and principles set forth in Appendix B' dr 1 See supra, doc. 84. 2 See supra, doc. 92. 3 Department of State Bulletin, Nov. 29, 1954, pp. 810-811; see also ibida pp. 809-810. Initialed at Seoul by Korean Prime Minister Pyun Yang-tai and American Ambassador Ellis 0. Briggs, 4 Not printed. mi of mi SIC at KOREA 2735 1 Brackets inserted in original document. Tas an II, drawings of United States forces by sale of dollars through the Bank red which will permit the maintenance of an effective military program 11- consistent with economic stability and within available resources; 27, 4. Continue to encourage private ownership of investment projects; 5. Cooperate in procedures for administration of United States aid ing funds consistent with United States legislation and the practices applied generally in such programs; ion 6. Take the necessary measures to make the economic program ive effective, including those set forth in Appendix A. Based upon the conditions which the Republic of Korea declares it the will create, it is the intention and policy of the United States to: ral 1. Continue its program of helping to strengthen the Republic of ent Korea politically, economically and militarily, with programmed ich economic aid and direct military assistance furnished during Fiscal for Year 1955 to aggregate up to $700 million. This amount would ex- ced by more than $100 million the amount of assistance previously led contemplated by the United States for Korea in Fiscal Year 1955. Of this total, programmed economic aid, including the CRIK (Civil ork Relief in Koreal 1 carryover and the United States contribution to ON UNKRA (United Nations Korean Reconstruction Agency],' avail- able for obligation in Fiscal Year 1955 would amount to approxi- mately $280 million (actual expenditures in Fiscal Year 1955 are estimated at approximately $250 million); in. 2. Support a strengthened Republic of Korea military establish- ment as outlined in Appendix B, including the development of a re- serve system, in accordance with arrangements to be worked out by appropriate military representatives of the two Governments. 3. Consult fully with appropriate military representatives of the Republic of Korea in the implementation of the program for support hry of the Republic of Korea military establishment a's 4. In the event of an unprovoked attack upon the Republic of Korea to employ, in accordance with its constitutional processes, its military power against the aggressor; 5. Subject to the necessary Congressional authorizations, continue to press forward with the economic program for the rehabilitation of Appendix A: Measures for an Effective Economic Program mol The Republic of Korea will undertake the necessary measures to make the economic program effective, including: 1- £ with respect to exchange rates, the official rate of the Republic of Korea Government and the counterpart rate being 180 to 1, agree- ment to procedures as proposed by the United States for the conver- sion of dollars at a different and realistic exchange rate to cover hwan of Korea, and generally to price aid goods into the Korean economy at a similar rate, thereby providing for the maximum contribution tò fo to Korea. . can 1S st ad 2736 AMERICAN FOREIGN POLICY, 1950–1955 FAS top IMO that mer government should take to speed up the reconstruction and rehabili- the Korean economy and to the Korean budget from the use of these SUPP resources, The operation of existing agreements with respect to hwan drawings by the United States will be suspended so long as the of the foregoing arrangements work out in practice to the mutual satisfaction As of both Governments; the 2. agreement that material for the aid program-not furnished from the United States in kind- will be procured wherever in non- hwa Communist countries goods of the required quality can be obtained exch at the best price (it being the objective to perform the maximum possible procurement in Korea at competitive world prices); 3. provision of adequate information to the appropriate United Kor States representatives concerning Korean plans for the use of their the own foreign exchange; and and 4. a realistic effort to balance its budget and continue to resist inflation (it will be the objective of both Governments to develop the de budget of the Republic of Korea in a manner that will resist inflation). tok T 116. TERMINATION OF COMBATANT ACTIVITIES IN THE AREA OF KOREA AS OF FEBRUARY 1, 1955: Executive Order jecti 10585, January 1, 1955 1 DESIGNATING THE DATE OF TERMINATION OF COMBATANT ACTIV- 118, ITIES IN KOREA AND WATERS ADJACENT THERETO A By virtue of the authority vested in me by section 112 (c)(3) of the Internal Revenue Code of 1954,9 January 31, 1955, as of mid- night thereof, is hereby designated as the date of termination of com- Ei batant activities in the zone comprised of the area described in Execu. Min tive Order No. 10195 of December 20, 1950 (15 F. R. 9177). 117. ECONOMIC AND MILITARY DISCUSSIONS: Joint Com muniqué Issued at Washington by the Governments of the United States and the Republic of Korea, August 15, 1955 * Economic and military discussions between the Government of the Republic of Korea and the Government of the United States which have taken place in Washington for the last several weeks have been concluded. The military discussions covered a wide range of aid and supply Di matters. On the economic side the talks focused on exchange rate problems and related subjects, including discussion of the steps each ar and as fc TI thic 1953 men Unit into will less prich rate. and prod bine enti T Stat 1 20 Fed. Reg. 17. 2 66 A Stat. 3 Supra, p. 2596. Department of State Bulletin, Aug. 29, 1955, p. 356. II IS 4 KOREA 2737 Department of State Bulletin, Aug. 29, 1955, pp. 356–357. to exchange een priced immediately at a rate not less than 50 percent of the official producing projects will be priced at the official rate unless the Com- bined Economic Board recommends a reduction either through differ- ential exchange rates or subsidies. | The official rate will apply to purchases of hwan by the United ese supporting with a stabilized economy as rapidly as possible. There was an extensive exchange of information and a fruitful joint appraisal the (those aspects of the Korean economy which affect its future stability. ion As an outgrowth of these discussions between the two governments, the Republic of Korea announced its intention to establish the rate ned d exchange between the Korean hwan and the U.S. dollar at 500 01. bwan to one U.S. dollar. This rate will be applicable to the foreign led transactions of the Government of the Republic of Korea, to purchases of hwan by the U.S. Forces in Korea, and with certain limited exceptions to U.S. aid furnished in the form of imports into ted Korea. The Government of the United States will cooperate with teir the Government of Korea in its efforts to prevent further inflation and to develop a stabilized economic situation within the limits of sist resources made available for this purpose. the As with other questions related to the United States aid program n). 1 Korea, further consideration will be given in Seoul to those matters that have been discussed here which have continuing interest. The two Governments have welcomed this opportunity to exchange Eiews and reach understandings in a spirit of friendly cooperation on ler & wide range of topics important to the achievement of mutual ob- 118. MONETARY STABILIZATION: Amendment to Appendix A of agreed Minute of November 14, 1954, Between the United States of and the Republic of Korea, August 15, 1955 id- m- Effective August 15, 1955, paragraph 1 of Appendix A of the Agreed Cu- Minute between the Governments of the United States of America tad the Republic of Korea signed November 17, 1954,2 is amended The official exchange rate of 500 hwan to 1 United States dollar m- which is to be established by the Republic of Korea on August 15, ted 1985 as the rate for all foreign exchange transactions of the Govern- ment of the Republic of Korea and its agencies, will be applicable to Enited States aid furnished for the importation of goods and services the sto Korea except the following: (a) coal of United States origin which ich pill be priced during the fiscal year ending June 30, 1956 at a rate not es than 40 percent of the official rate; (b) fertilizer which will be rate, to be increased to the official rate not later than January 1, 1956; ole e investment type commodities for non-revenue producing projects; and (a) relief supplies. Investment type commodities for revenue pectives. IV- 1 us follows: ch ili- Olf- States Forces in Korea. * Supra. 41890057-Vol. 269 2738 AMERICAN FOREIGN POLICY, 1950–1955 The Government of the United States of America will cooperate with the Government of the Republic of Korea in its efforts to develop a stabilized economic situation in Korea within the limits of resources made available for this purpose. In this regard both Governments will pay particular attention to the objectives of expeditious action leading to the speedy implementation of the aid program. Arrangements existing prior to the effective date of this amendment to Appendix A of the Agreed Minute of November 17, 1954 with re- spect to acquisition of hwan by the United States including those ar- rangements authorized by the original paragraph 1 of Appendix A of the said Agreed Minute will be suspended as long as the foregoing arrangements work out in practice to the mutual satisfaction of botá Governments. DI A. 1 1. P C A I Arn safe thre Star 18 elah of t 1 I. 1 1 Cou men Pore 2 3 Council resolution of Feb. 13, 1947. For text of this resolution and earlier docu- ከ re 'U.N. doc. S/C:3/SC.3/23, May 13, 1950. The Commission for Conventional Armaments, responsible to the Security Council, was established by Security ments on the reduction of conventional armaments, see A Decade of Americani Foreign Policy, pp. 1136–1143. ? U.N. doc. S/387/Annex A. erate celop urces ents tion Part XVI ment e ar DISARMAMENT AND THE CONTROL OF ATOMIC ix A ENERGY oing both A. THE PROBLEM OF CONVENTIONAL ARMA- MENTS, 1950 1. BASIC PRINCIPLES OF INTERNATIONAL SAFEGUARDS: Paper Submitted by the United States Delegation to the Working Committee of the United Nations Commission for Conventional Armaments, May 13, 1950 Item 3 of the Plan of Work? of the Commission for Conventional krmaments provides for: "Consideration of practical and effective safeguards by means of an international system of control operating through special organs. (and by other means) to protect complying States against the hazards of violations and evasions." The following $ a general outline of the views of the United States which will be elaborated as the Working Committee proceeds with its consideration 1. The Objective of Safeguards A. To ensure that nations fulfil their responsibilities and obli- gations as prescribed in the treaty for the regulation and reduction of conventional armaments and armed forces, and protect complying States against the hazards of viola- tions and evasions; A. The system of safeguards should be so devised that its operations will be effective, technically feasible and prac- ticable, and will: (a) give warning of the likelihood of violations, 1 of this subject. II. The Nature of Safeguards 2739 , 1950-1955 accompany the inspection group representing the inter- E. The inspection and verification process as applied to each State being inspected. However, the State being inspected should be obliged to appoint a liaison officer to assist and 2740 AMERICAN FOREIGN POLICY, (b) detect promptly the occurrence of violations, (c) minimize interference with and impose minimum bur- dens on the economic and industrial life of the signatory States. III. The Basic Elements Constituting Safeguards A. Accurate and regular reports by all signatory States of such information related to conventional armaments and armed forces as may be required by the treaty, B. Verification of the above-mentioned reports by thorough international inspection procedures, C. Remedial action in the case of violation of the treaty; IV. The International Agency Responsible for Safeguards VI. A. An international agency should be established within the framework of the United Nations, deriving its powers and status from the treaty under which it is established, to super- vise and administer the agreed system of safeguards in con- nection with the regulation and reduction of conventional armaments, B. The international agency should consist of a governing board , an inspection corps and secretariat, C. The governing board should be composed of representatives from each of the States which are members of the Security Council, the nonpermanent membership changing in con- formity with elections to and retirement from the Security Council, D. The inspection corps should be composed of members drawn VII from panels nominated by each participating State. The size and composition of the inspecting teams drawn from this corps and utilized in particular instances should be determined by the governing board, E. Such secretariat as may be needed should be selected by the governing board, F. The decisions made by the international agency should not require unanimity; V. Rights and Duties of the Agency Å. Receiving from each signatory State the reports specified in B. Verification of this information through direct inspections C. Review and interpretation of data derived from reports and inspections, D. Preparation and publication of periodic and special reports to organs of the United Nations and to the signatory States the treaty, agency, DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2741 ber- Pon- F. Individual members and national composition of the inspec- bur- tion teams should be varied periodically, tory G. The international agency and its representatives should have no authority to issue directions to signatory States except as may be provided in the treaty under which it is established, H. Inspection and verification should be conducted on a regular uch basis with reasonable advance notice which should be set ned forth in the treaty. However, special inspections may take place under such circumstances as may be specified in the ugh treaty, 1. Certification to the Security Council and to signatory States of violations or evasions; VI. Rights and Duties of Signatory States the A. Each signatory State should afford duly accredited repre- and sentatives of the agency unimpeded rights of ingress to and egress from, and movement within its territories necessary to inal the performance of their duties; should aid and assist them in the performance of their duties, should provide access to the ard, activities subject to inspection, and should arrange for the full co-operation of national or local authorities or private individuals, rity B. The treaty should set forth the nature and scope of the inspection and verification processes to be followed by the city international agency in order that all participating States may be aware of their rights and obligations; aw VII. Action to be Taken upon the Determination of a Violation The A. The international agency should be responsible for the j rompt referral with certification of facts to the Security be Council and to the signatory States of the agency's findings in respect to violations or evasions of the treaty, the B. Such certification may be accompanied by such recommenda- tions in respect of any violations or evasions cited as the not international agency may deem appropriate, C. Action in respect of any violation or evasion should be primarily the responsibility of the Security Council. The in treaty should provide that, since the purpose of the system of safeguards is to protect complying States against the hazards of violations, failure by the Security Council to correct violations or otherwise enforce the treaty should relieve participating States from their obligations thereunder and permit them such freedom of unilateral or collective action as is consistent with the Charter of the United Nations. Tes on- om ns nd Tts es, ch che ed nd ar 2742 AMERICAN FOREIGN POLICY, 1950-1955 1091 med by the Administration within its defined functions do not require 2. PROPOSED CONVENTIONAL ARMAMENTS ADMINISTRA. TION: Paper Submitted by the United States Delegation to the shor Working Committee of the United Nations Commission for Con ventional Armaments, June 22, 1950 1 adm I. Conventional Armaments Administration (CAA) ber Establishment. A United Nations Conventional Armaments Ad- ministration should be created at the seat of the United Nations to T supervise and administer the general system for the regulation and reduction of conventional armaments and and armed forces. The SUP Administration should derive its powers and status from the treaty or convention setting up the international system for the regulation I and reduction of conventional armaments and armed forces. will Composition. In order that the Conventional Armaments Adminis . acte tration will be broadly representative of the States participating in the system, but limited in size in the interest of efficient operations, it } should be composed of a representative from each of the States which Cor are members of the Security Council, the non-permanent membership changing in conformity with elections to and retirement from the Security Council. ( To facilitate its operations, the Administration should be authorized, in the treaty or convention which creates it, to establish regional branches. Each participating State should be obliged by the treaty or convention to designate a national agency to supervise the execution of its obligations with respect to conventional armaments and to assist the Conventional Armaments Administration in its work , The Administration should be empowered to employ the personnel requisite to carrying out its functions. This personnel should be recruited on the basis of character and technical competence, due allowance being made for equitable geographical distribution. Functions. The Conventional Armaments Administration should AE be responsible for: II. (1) Receiving from each participating State the reports specified in the treaty or convention establishing the system; (2) Verification of this information through investigation and direct inspections; (3) Review and interpretation of data derived from reports and inspections; (4) Preparation of periodic and special reports on conventional Se armaments and armed forces to organs of the United Nations and to the participating States; (5) Immediate certification to the Security Council and to par- ticipating States of violations or evasions. Procedure. The treaty or convention which establishes the system for the regulation of armaments should stipulate that decisions made rec ng tic WT re leg 1 U.N. doc. S/C.3/SC.3/24, June 22, 1950. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2743 s to aty routine. . hip following: Security Council. However, in order to provide the Security Council I'm regulation and reduction of armaments: relationships should be established in the treaty or convention for the RA snimity. Except for this provision and others which may be the slopted in the treaty or convention, the Administration should adopt Con is own rules of procedure. It should also be authorized to issue administrative regulations and to enter into ad hoc agreements neces- sry to the discharge of its responsibilities. İnspections. The Conventional Armaments Administration should be required to conduct such inspections as are necessary to the fulfil- Ad- ment of its functions. The treaty or convention setting up the system should stipulate the and objectives to be achieved by the inspections. There should then be The stipulated the types of inspections to be conducted as a matter of tion It is further considered most desirable that practically all inspections will be scheduled in advance, and that they will be identical in char- nis- peter for Powers of similar strength. the Each individual inspection should be conducted by an inspection it team the size and composition of which should be determined by the lich Conventional Armaments Administration with due regard to the the (1) Each member of the Administration should be entitled, but not ed, required, to have a representative on each inspecting team, nal except where a member of the Administration is itself being the inspected. The State being inspected should be obliged to the appoint a liaison officer to accompany the inspection team; ats (2) Each participating State should nominate as many inspectors Tk. as the Adminstration may require it to furnish, and these nel nominees should form a permanent roster from which inspection be teams should be selected as needed; due Each inspection team should have at its disposal a staff composed ild of personnel of the international secretariat of the Conventional Armaments Administration. II. Relationships of the Conventional Armaments Administration to Organs of the United Nations ect To the Security Council. Since every aspect of the regulation and nd reduction of armaments is associated with the maintenance of inter- peace tional Armaments Administration is to some extent related to the and security, every aspect of the work of the Conven- with a basis for taking appropriate action, the following specific (2) Violations or evasions should be immediately certified to the le Security Council by the Conventional Armaments Administration; (b) The Conventional Armaments Administration should submit to the Security Council regular reports at stated intervals and special in national 21 IS TM re reports as required. 2744 AMERICAN FOREIGN POLICY, 1950–1955 The relation of the Conventional Armaments Administration to the I Military Staff Committee should be defined by the Security Council inst as circumstances require. aut To the General Assembly. Under the Charter (Articles 10-12) the tral General Assembly has broad authority to consider and make recom-com mendations concerning the principles governing disarmament and the men regulation of armaments. In order to assist the Assembly in the 1 exercise of this function, the treaty or convention for the regulation and reduction of armaments should require the Conventional Arma- ments Administration to submit to the General Assembly annual reports and such special reports as the Assembly may from time to time request. To the International Court of Justice. Under the Statute of the Court, cases between States arising out of the treaty or convention for the regulation and reduction of conventional armaments and armed forces would fall within the jurisdiction of the Court when referred to it by the parties or through the operation of a compulsory jurisdic- tion declaration. In addition, the Conventional Armaments Ad- ministration should be empowered, in accordance with the procedure specified in Article 96 of the Charter, to request advisory opinions on legal questions arising within the scope of the Administration's activities. Proceedings before the Court should not delay the taking of measures necessary to conserve international peace and security : B. To the Secretariat. The Conventional Armaments Administration might have an independent secretariat separate from the United Nations Secretariat. " It might, however, utilize the services of the United Nations Secretariat to the extent mutually agreed upon. Reports and other communications from the Administration to organ PE of the United Nations should be transmitted through the Secretary- General. To the Economic and Social Council. Such relationships as may be necessary should be established between the Conventional Armaments Administration and the Economic and Social Council, its commissions and sub-commissions, and related specialized agencies. To the Trusteeship Council. Such relationships as may be necessary should be established between the Conventional Armaments Admin- istration and the Trusteeship Council. With Individual States. The question of the relationship of the Conventional Armaments Administration to each participating State In: will require careful treaty definition, particularly as regards the extent to which the privileges and immunities accorded to the Administration will exempt it from the operation of national laws and the means by de which individual rights and liberties will be protected against possible infringement stemming from inspections. The grant of privileges and immunities to the Ådministration should be based on the principle of minimum interference with the national laws of a State consistent with adequate supervision of the regulation and reduction of arma ments. 1 Article 36 of the Statute; A Decade of American Foreign Policy, p. 147. 2 Supra, p. 157. 3. U GE RE an mi of ar DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2745 of their functions being merged and placed under a new and consolidated dis- mg. e to long on's Committee of Twelve, May 17, 19512 | United Nations efforts should be directed towards the preparation of General Assembly Res. 496(V), Dec. 13, 1950 (U.N. General Assembly, Official and means whereby the work of the Atomic Energy Commission and the Com- Records, Fifth Session, Supplement No. 20 (A/1775), p. 80), to report “on ways mission for Conventional Armaments may be co-ordinated and on the advisability the The Administration should have no authority to issue directions or ancil instructions to any State. The Administration should, however, be authorized to negotiate with each participating State such adminis- thetrative agreements as may be necessary to carry out the treaty or com-convention affecting such State's regulation and reduction of arma- I the ments. The privileges and immunities of the Administration should include: tion (1) The possession of legal personality similar to that enjoyed by the nual United Nations; (2) The right of its accredited representatives to the privileges and facilities of ingress, egress and access into and from the territory the of participating States, including rights of transit for persons tion and equipment across or through such territory; med (3) The right to the use of communication facilities adequate to the rred discharge of its responsibilities; dic- (4) Such exemption from customs and immigration regulations as Ad- may be necessary to effective operations; fure (5) Inviolability of premises, property and archives. cing 1: B. CONSOLIDATION OF THE APPROACH TO DIS- 100 ted ARMAMENT, 1951-1952 the ADS PROPOSED CONSOLIDATION OF THE TWO DISARMA- ry- MENT COMMISSIONS: Address by the President of the United States Before the United Nations General Assembly, October be mts 3. PROPOSED COMMISSION FOR THE CONTROL OF ALL ARMAMENTS AND ARMED FORCES: Working Paper Sub- in- mitted by the United States Delegation to the United Nations the ent The United States believes that comprehensive plans to include the by international control of all armaments and armed forces should be ole developed by the United Nations, and, accordingly, that present le ent U.N. doc. AAC.50/1. The Committee of Twelve was established under 01. 24, 1950] 1 ONS ary ate Introduction OD res 1 Supra, pp. 345-350. 18- armament commission.” 2746 AMERICAN FOREIGN POLICY, 1950–1955 1 1107-1110) and Part II of the Commission's Second Report, Sept. 11, 1947 co-ordinated plans of control which would make possible with appro- priate safeguards the regulations, limitation and balanced reduction of all armaments and armed forces, including internal security and police forces. United Nations efforts in the field of armaments and armed forces have to date been assigned to two separate bodies , namely the United Nations Atomic Energy Commission and the Com- mission for Conventional Armaments. Much useful work has been accomplished by the two Commissions and, in the view of the United States, the appropriate time has now arrived for bringing the respec- tive efforts of the two Commissions into closer co-ordination through the establishment of a single commission. In taking over the functions of the two present Commissions, the new commission would build upon the work already done by them. In particular, the United States believes that the United Nations plan for international control of atomic energy? must continue to serve as the basis for the work of the new commission in the atomic energy phases of its work. Neverthe- less, the commission should be empowered to consider any other pro- posals that would be no less effective than the existing United Nations plan B. A. Organization The United States believes that a new commission whose primary com all task would be the development of plans for the international control the of all armaments and armed forces to be called the Commission for the Control of Armaments and Armed Forces should be established in place of the existing two Commissions in accordance with the fol- lowing terms and provisions: 1. Status. The new commission should be established under and report to the Security Council, which in turn should submit peri- odic progress reports to the General Assembly. 2. Composition. Membership on the new commission should correspond to the membership of the Atomic Energy Commission and the Commission for Conventional Armaments, and hence would consist of the members of the Security Council, plus tio Canada when Canada is not a member of the Security Council. for th 3. Sub-committees. The new commission should be expressly authorized to establish such sub-committees as may be needed DE in order to carry out the tasks assigned to it, recognizing that the differences in the nature of atomic and non-atomic weapons, as well as in the nature of biological and other instrumentalities of th warfare, require the development of varying, but co-ordinated, 1 The "United Nations plan” here referred to consisted of the "General Find ings and Recommendations" incorporated in the First Report of the U.N., Atomie Energy Commission, Dec. 31, 1946 (A Decade of American Foreign Policy, Point (ibid., pp. 1111-1118): 2011 ODE ver COL COL ent DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2747 ren ted EC- 1e- ro- ins international control of all armaments and armed forces. ro- systems of regulation and control, specially adapted to meet ion the problems peculiar to the different types of weapons, or ind instrumentalities. ind 4. Technical advice. Technical advice should be provided as les necessary by experts appointed by the member States to assist im- their representatives. 5. The Secretariat. The Secretariat of the new commission should be provided by the Secretary-General of the United Nations. igh 6. Relationship to other organs of the United Nations. As a sub- ins ordinate organ of the Security Council, the new commission ild should have the normal relationship of such a body to other organs tes of the United Nations. of he 7. Rules of procedure. With appropriate modifications, the rules of procedure of the Atomic Energy Commission would appear to be adequate to serve as the rules of procedure of the new commission. B. Functions 1. The primary task of the new commission should be to prepare comprehensive and co-ordinated plans for the international control of rol el armaments and armed forces, and accordingly, would provide for For the regulation, limitation, and balanced reduction of all armaments ed and armed forces, including internal security and police forces. ol- 2. The new commission should build upon the work already devel- oped by the Atomic Energy Commission and the Commission for Con- Tentional Armaments. The United Nations plan for the international nd ri- control of atomic energy and the prohibition of atomic weapons should continue to serve as the basis for any plan for the control of atomic energy unless and until a better and no less effective system can be 3. The new commission should take into account the inter-relation- ship of control systems and safeguards necessary to assure the regula- tion , limitation, and balanced reduction of all armaments and armed forces , including internal security and police forces, in order to assure ly that the respective systems of control complement each other. 4. The new commission should develop a comprehensive plan for he phasing the implementation of the component systems of control and regulation of all armaments and armed forces. 5. The new commission should formulate a plan for the regulation of d, the international traffic in arms as part of the comprehensive plan for ld devised on US ed as of d- nic 2748 AMERICAN FOREIGN POLICY, 1950–1955 4. ESTABLISHMENT OF THE UNITED NATIONS DISARMA- MENT COMMISSION: Resolution 502 (VI) of the United Nations General Assembly, January 11, 1952 1 fo hi of war, ar SD CH tic tir CO 00 en att se im The General Assembly, Moved by anxiety at the general lack of confidence plaguing the world and leading to the burden of increasing armaments and the fear ; Desiring to lift from the peoples of the world this burden and this fear, and thus to liberate new energies and resources for positive pro- grammes of reconstruction and development, Reaffirming its desire that the United Nations develop an effective collective security system to maintain the peace and that the armed forces and armaments of the world be progressively reduced in accord- ance with the Purposes and Principles of the Charter, Believing that a necessary means to this end is the developinent by the United Nations of comprehensive and co-ordinated plans, under international control, for the regulation, limitation and balanced re- duction of all armed forces and all armaments, for the elimination of all major weapons adaptable to mass destruction, and for the effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only, Recognizing that a genuine system for disarmament must include all kinds of armed forces and armaments, must be accepted by all nations whose military resources are such that their failure to accept would endanger the system, and must include safeguards that will ensure the compliance of all such nations; Noting the recommendation ? of the Committee of Twelve estab- lished by resolution 496 (V)that the General Assembly should es- tablish a new commission to carry forward the tasks originally as- signed to the Atomic Energy Commission and the Commission for Conventional Armaments, 1. Establishes under the Security Council a Disarmament Com- mission. This Commission shall have the same mernbership as the Atomic Energy Commission and the Commission for Conventional Armaments, and shall function under the rules of procedure of the Atomic Energy Commission with such modifications as the Commis. sion shall deem necessary; 2. Dissolves the Atomic Energy Commission and recommends to the Security Council that it dissolve the Commission for Conventional Armaments; 3. Directs the Disarmament Commission to prepare proposals to be embodied in a draft treaty (or treaties) for the regulation, limitation and 1 U.N. General Assembly, Official Records , Sixth Session, Supplement no lo (A/2119), pp. 1-2. This resolution is substantially the same as the draft resolut tion on the same subject proposed by the tanited States , France, and the United Kingdom on Nov. 19, 1951; ibid., Annexes, Agenda Items 66 and 16, p. 3 Resolution of Dec. 13, 1950; ibid., Fifth Session, Supplement No. 20 (A/1275), fo sh 10 : t in wi CO 0 Or pa 胡​丽 ​th lir m fo 5. DIE Ci p. 80. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2749 JAS ear ro- l'e- ses limitation and balanced reduction of all armed forces and all arma- forces and all armaments can be calculated and fixed; concerning the determination of the over-all limits and restrictions (A balanced reduction of all armed forces and all armaments, for the elimination of all major weapons adaptable to mass destruction, and for effective international control of atomic energy to ensure the pro- hibition of atomic weapons and the use of atomic energy for peaceful purposes only. The Commission shall be guided by the following the principles: (a) In a system of guaranteed disarmament there must be pro- his gressive disclosure and verification on a continuing basis of all armed forces—including paramilitary, security and police forces-and all armaments including atomic; ive (6) Such verification must be based on effective international in- led spection to ensure the adequacy and accuracy of the information dis- rd- closed; this inspection to be carried out in accordance with the de- cisions of the international control organ (or organs) to be established; by (c) The Commission shall be ready to consider any proposals or ler plans for control that may be put forward involving either conven- tional armaments or atomic energy. Unless a better or no less effec- of tive system is devised, the United Nations plan for the international ive control of atomic energy and the prohibition of atomic weapons should of continue to serve as the basis for the international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only; (2) There must be an adequate system of safeguards to ensure ob- servance of the disarmament programme, so as to provide for the old prompt detection of violations while at the same time causing the min- mum degree of interference in the internal life of each country; (e) The treaty (or treaties) shall specifically be open to all States b- for signature and ratification or adherence. The treaty (or treaties) shall provide what States must become parties thereto before the treaty or treaties) shall enter into force; or 4. Directs the Commission, when preparing the proposals referred to in the preceding paragraph, to formulate plans for the establishment, within the framework of the Security Council, of an international he organ (or organs) to ensure the implementation of the treaty A! (or treaties). The functions and powers of the control organ (or he organs) shall be defined in the treaty which establishes it; 5. Directs the Commission, in preparing the proposals referred to in paragraph 3 above, to consider from the outset plans for progressive to and continuing disclosure and verification, the implementation of al which is recognized as a first and indispensable step in carrying out the disarmament programme envisaged in the present resolution 6. Directs the Commission, in working out plans for the regulation, (a) To determine how over-all limits and restrictions on all armed 5). negotiation among themselves, under the auspices of the Commission, INS are es- 2S- N- control IS- be nd ments: 20 U ed 2750 AMERICAN FOREIGN POLICY, 1950-1955 UN 1 1 + referred to in sub-paragraph (a) above and the allocation within their respective national military establishments of the permitted national armed forces and armaments; 7. Directs the Commission to commence its work not later than thirty days from the adoption of the present resolution and to report periodically, for information, to the Security Council and to the General Assembly, or to the Members of the United Nations when the General Assembly is not in session. The Commission shall submit its first report not later than 1 June 1952; 8. Declares that a conference of all States should be convened to she consider the proposals for a draft treaty (or treaties) prepared by the Commission as soon as the work of the Commission shall have pro- gressed to a point where in the judgment of the Commission any part of its programme is ready for submission to governments; 9. Requests the Secretary-General to convene such a conference 1 when so advised by the Commission; 10. Requests the Secretary-General to furnish such experts, staff and facilities as the Commission may consider necessary for the effective accomplishment of the purposes of the present resolution. be th 80 911 at iš 3 ar 2 C. WORK OF THE UNITED NATIONS DISARMA- MENT COMMISSION, 1952-1953 PE ai 3. C ali 4 5. DISCLOSURE, VERIFICATION, AND INSPECTION OF ARMA MENTS: Proposal Submitted by the United States Delegation to the United Nations Disarmament Commission, April 5, 1952 1 S P 6 8 10 fo f C INTRODUCTION General Assembly resolution 502 (VI) 2 calling for regulation limitation and balanced reduction of all armed forces and armamente directs that the Disarmament Commission be guided by a number of principles, including the following (paragraph 3): "(a) In a system of guaranteed disarmament there must be progressive disclosure and verification on a continuing basis of all armed forces including para-military, security and police forces and all armaments including atomic; "(6) Such verification must be based on effective international disclosed; this inspection to be carried out in accordance with the decisions of the international control organ (or organs) to be established.” 1 U.N. Disarmament Commission, Oficial Records, Supplement for April , May and June 1952 (DC/C.2/1), pp. 9–18. 2 Supra, doc. 4. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2751 )ro- armaments. jart nce next stage, all States have the opportunity at periodic intervals of heir Paragraph 5 of the resolution reads as follows: nal “5. Directs the Commission, in preparing the proposals referred to in paragraph 3 above, to consider from the outset plans for progressive and continuing disclosure and verification, the imple- han mentation of which is recognized as a first and indispensable step jort in carrying out the disarmament programme envisaged in the the hen present resolution". hall It is therefore apparent that the General Assembly resolution contemplates that the newly created Disarmament Commission I to should as a matter of priority deal with the problem of progressive the and continuing disclosure and verification of armed forces and A. EXTENT OF DISCLOSURE AND VERIFICATION 1. The system of disclosure and verification must be on a continuing taf basis . Disclosure as of a particular date on a "one time basis” and the subsequent verification of such disclosure would not meet the require- ments of a continuing programme for regulation, limitation and balanced reduction of all armed forces. Therefore it is contemplated that the machinery which will be set up should be on a permanent or at least a long-term basis, since the disclosure and verification of armed forces and armaments will be on a continuing basis. A- 2. The disclosure must cover all armed forces of every kind, including para-military, security and police forces, and all armaments, including atomic. 3. The verification of armed forces and armaments must likewise cover all armed forces of every kind, including para-military, security TA and police forces and all armaments, including atomic. 4. The permanent machinery to be established must provide adequate safeguards under a competent international authority having ap- propriate status, rights and powers. B. STAGES OF DISCLOSURE AND VERIFICATION 5. Disclosure and verification must be carried out step by step with appropriate provisions for proceeding to the next step when, and only when, previous steps have been satisfactorily completed. The reasons for proceding by stages are two: be :11 (a) In the existing state of international tensions all States must be protected in the event of a serious violation or collapse of the system of regulation, limitation and balanced reduction of armaments. The 181 existence of stages gives all States the opportunity over a period of time to test the good faith of all other States. The mere agreement che to enter into a system for disclosure and verification would give no be assurance that the parties thereto would actually carry it out in full or at all. With disclosure and verification in several stages and with fach step of one stage completed prior to the commencement of the trile to OD, nts of on 2752 AMERICAN FOREIGN POLICY, 1950-1955 MU 1 Ini PS JUL S ៖ periodic visits of inspection and through reference of statistical checking the good faith of other States through review of the informarec tion theretofore disclosed. (6) It is contemplated that the disclosure and verification would for proceed from the less secret areas, which would be disclosed and verition fied in early stages, to the more secret areas. A phasing of this nature , in addition to furnishing the best test of the good faith of all States , would cause the minimum degree of interference in the internal life of mil each country, since the less sensitive information can in fact be more readily verified, and would, in cases of differences or delays, prevent premature disclosure of information which many States would like reserved until substantial co-operation and good faith have been bal demonstrated. 6. In considering the appropriate number of stages, the United States thi had as its objective the full implementation of the programme of disclosure and verification as rapidly as feasible in the light of the existing state of international tensions. An excessive number of 10 stages, each of which must be completed prior to the commencement sta of the next stage, would unduly delay not only the programme of disclosure and verification but also the entire programme for regula- tion, limitation and balanced reduction of armed forces and arma- Sta ments. With this in mind, the United States concluded and is pro- posing that the number of stages of disclosure and verification should be five-—a figure which represents the minimum number consistent with the considerations set forth in the previous paragraph. In each stage, the disclosure and verification processes will go forward simul- taneously on a wide variety of items in order to accelerate the success- St ful completion of the programme. 7. Annex I sets forth in outline the extent of armed forces and armaments (excluding atomic) to be disclosed in the respective stages 8 and the manner of verification of the information required to be dis- closed. Annex II sets forth the same information with respect to atomic armaments. The proposals with respect to atomic weapons are presented in a separate annex solely in the interest of clarity of presentation. Both the problems involved and the appropriate terminology with respect to atomic weapons differ so greatly from the 11 problems and terminology with respect to other weapons that a single pa annex comprehending both might be confusing. It is contemplated that all stages of disclosure and verification cover both atomic and non-atomic weapons. In other words, the first stage includes the items set forth both in annex I and in annex II for disclosure and verification in that stage, and the same is true as to all succeeding stages. 8. Without commenting in detail at this point on the specific items subject to disclosure and verification in the respective stages, it should the be noted that the armed forces and armaments to be disclosed in the first stage have three general characteristics: (a) They should prove to be the least secret items. b) In the main, they are most susceptible of verification by I 1 Sla & 80 la 8 TE P DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2753 in their production. the system of safeguards which must be established to ensure observ- reduction of armed forces and armaments, so as to provide for the prompt detection of violations while at the same time causing the minimum degree of interference in the internal life of each country. It will not be adequate to provide merely for the verification of dis- ma- records—with the result that verification can take place with the minimum of interference in the internal life of the respective countries. uld Some resort would nevertheless be required to "on-the-spot” inspec- eri- tion, and aerial reconnaissance would be required in all stages to assist ire, in checking the adequacy of the disclosure. (c) At the same time, these items reveal so vast a segment of the of military potential of all States that their disclosure and verification, ore as provided in this stage, in and of itself would act as an indication of ent good faith and would thus greatly facilitate progress towards the ike ultimate goals of the entire programme of regulation, limitation and een balanced reduction of all armed forces and armaments. & The armed forces and armaments to be disclosed in the second, tes third, fourth and fifth stages are progressively more secret and more of diffcult to verify except through on-the-spot" investigations in con- the junction with extensive aerial reconnaissance. of 10. The character of the items to be disclosed and verified in the five ent stages as outlined in annexes I and II can in general be summarized of as follows: 18- Stage I. A quantitative count in the nature of a report on existing strength levels of all armed forces and of the location of installations uld and facilities concerned with armaments of all types, including: atomic. ent ich Stage II. Detailed disclosure of organization of armed forces and of ul- installations and facilities concerned with the basic materials re- quired for production of all armaments, including atomic. Stage III. Detailed disclosure of armaments (except novel arma- nd ments), fissionable material and installations and facilities utilized ges Stage IV. Detailed disclosure of installations and facilities utilized in LIS- to the production of novel armaments, including atomic (armaments ONS not in general use by the end of the Second World War but in of volume production today). ite Stage V. Detailed disclosure of novel armaments, including atomic. he 11. The information to be disclosed and verified in all stages and gle ed particularly in the early stages--is so vast that there appear to be advantages in disclosing material only at the rate at which it can be he processed. Therefore, in general within each stage, disclosure should nd proceed progressively step by step in accordance with an agreed plan from the less sensitive information to that which is more sensitive. ng C. INSPECTION ms ld 2. The system of disclosure and verification is an integral part of hé 18- To- SS- nd by cal 415900_57-Vol. 2- -70 2754 AMERICAN FOREIGN POLICY, 1950–1955 uit inspectors and furnish to them such assistance as they may reasonably 19. The inspectors should report to the Commission any information affirmative vote of any seven members, of such a major violation closed information. In addition, provision must be made for deter- du mining the adequacy of the disclosed information, through broad general powers of "on-the-spot” inspection, through access to stash tistical data permitting independent confirmation of required reports to and through aerial surveys. 20. 13. Extensive aerial reconnaissance is obviously essential to the up verification procedure in order completely to determine the adequacy of of disclosed information. It will be obvious that aerial reconnaissance Ge furnishes the easiest method of determining the existence of large su undisclosed facilities and installations. Aerial survey will be essential in all stages of the disclosure and verification procedure. of 14. It is contemplated that "on-the-spot" inspection will take place th in all stages as a part of the verification procedure. Its use, however , 21 will be less extensive in the first than in the later stages because of st the greater ease of verification, through other methods, of the items pr disclosed in the first stage. It will of course be necessary at each stage to regulate inspection in such a way as to prevent disclosure of information which is to be withheld from disclosure and verification during the particular stage. Certain principles governing limitations tf on the right of "on-the-spot" inspections in early stages are set forth in annexes I and II. 15. Each State at the commencement of each stage should submit to the Commission a general description of the nature and location of facilities falling within the terms of reference for that stage. Access to such locations, reasonably sufficient to verify the information dis- be closed, should be granted to inspectors. Inspection in each stage should proceed in accordance with a previously accepted plan. 16. It is essential to an effective system of verification that the inter national inspectors, in addition to examining declared installations and facilities, be permitted in all stages to have access to the entire national territory in order that the Commission may determine within reasonable limits the accuracy and adequacy of the information dis- closed. Accordingly, each State should be required during each stage of the process of disclosure and verification to permit the inter- national inspectors such freedom of movement and to give them reasonably be required, including the right to inspect physical dimen- sions of all facilities and installations wherever situated. 17. Each State should facilitate the activities of the international fi require. 18. Procedure should be set up in order to permit a determination by the Commission of the necessity for inspection of any facilities on installations, access to which is denied to the inspectors and where in the judgment of the inspectors such inspection is required. indicating a major violation of any provisions of the treaties or armen ments respecting disclosure and verification. In the event of a Comme mission determination confirmed by the Security Council , by the 28 VO le 21] O! 26 2. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2755 e of cess eter during any stage and the failure of the State guilty of violation to road repair the same within a reasonable specified period, other States sta-should be free to suspend the operations of the disclosure and verifica- bortstion system. 20. The first stage of disclosure and verification should commence the upon (a) the entry into force of the treaties dealing with the programme nacy of disclosure and verification and referred to in paragraph 3 of the ance General Assembly resolution, and (b) the establishment, pursuant to arge such treaties, of international machinery responsible for carrying out ntial the programme of disclosure and verification, including the portion of such machinery located within the territory of States adhering to place the programme. ver, 21. Disclosure and verification in all stages subsequent to the first je of stage could commence upon a Commission determination that the iems previous stage has been satisfactorily completed. each D. MISCELLANEOUS tion 22. The United Nations should establish concurrently with and at the cions time of the adoption of the general principles governing this pro- orth gramme the necessary inspection machinery to ensure effective veri- fication of the armed forces and armaments, including those involving mit n of atomic energy, disclosed pursuant to the programme. In establishing this machinery, consideration should be given to its subsequent utili- dis- zation to supervise the programme for the regulation, limitation and balanced reduction of all armaments and armed forces. The ma- chinery recommended in the United Nations Atomic Energy Plan would presumably be utilized in connexion with the disclosure and ter- verification of armaments involving atomic energy. The problem of ntire appropriate United Nations machinery both for purposes of the sys- tem of disclosure and verification and for the regulation, limitation thin dis- and balanced reduction of armed forces and armaments is the subject ter- 23. It is contemplated that the disclosure and verification processes lem respect to all adhering States should begin simultaneously and forward at approximately the same tempo. 1. The draft treaties or agreements bringing into effect the dis- closure and verification system should specifically provide for ad- herence of States in accordance with the principles set forth in the ably paragraph of the preamble and sub-paragraph 3 (e) of General Assembly resolution 502 (VI) of 11 January 1952, the relevant por- tions of which are as follows: i by “Recognizing that a genuine system for disarmament must be accepted by all nations whose military resources are such that their failure to accepi would endanger the system . . "C) The treaty (or treaties) shall specifically be open to all the States for signature and ratification or adherence. The treaty (or tage ions of a separate study each with should go may hen- onal fifth or e in ..^3 tion ree. om tion " See A Decade of American Foreign Policy, pp. 1107–1118. 2756 AMERICAN FOREIGN POLICY, 1950–1955 V treaties) shall provide what States must become parties thereto before the treaty (or treaties) shall enter into force. ANNEX I Proposed stages of disclosure and verification of Armed forces and non-atomic armaments le STAGE I Disclose (a) Over-all manpower strength of regular and reserve military forces and para-military organizations, including training establishments and security and police forces, broken down into each category. DE (6) Location of all operational military installations. Verify (a) By examination and cross-checks of central records to include per 16 sonnel, disbursement, medical and procurement supplemented by access to and spot checks of records at selected installations. (6) By direct examination, location, manpower used, power input and physical dimensions of installations. La (a) and (6): Inspectors will have access to entire national territory to extent necessary to determine that all facilities and installations (0) have been declared. Aerial surveys will be permitted for same pur- pose and to same extent. STAGE II Disclose (a) Organization, composition and disposition of units making up over-all strengths disclosed in stage İ. Di (6) Over-all annual capacity of heavy industry relating to arma- ments to include coal, steel, aluminum and electricity. V Verify (a) By quantitative analysis of records pertaining to personnel , move- ment of units and administrative support supplemented by access to and spot checks of selected units and installations. (b) By cross checks of pertinent statistics and employment records , access to plants, and analysis of operation with respect to ma- terials used. (a) and (6): By aerial survey as stated in stage I. Di STAGE III 2 Disclose (a) Equipment (including reserve equipment of units making up over-all strengths disclosed in stages I and II except units equipped with novel weapons). (6) Production facilities for manufacture of weapons and heavy equip- ment for units making up over-all strengths disclosed in stages I and II (excluding novel weapons), giving location, type and capacity. lai @ PM DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2757 rces ints 1. : by cluding weapon storage sites.) reto Verify (a) By quantitative analysis of records pertaining to table of organi- zation and equipment, and repair and overhaul of equipment sup- plemented by access to and spot checks of selected units and installations. d (6) By inspection of physical dimensions of plants and examination of records pertaining to consumption of power and raw materials, available labour force, and finances, and by access to and spot checks of selected units and installations. (a) and (b): By aerial survey as stated in stage I. STAGE IV Disclose (6) Information as to equipment of units equipped with novel weapons to include biological warfare, chemical warfare, radiological war- fare and atomic weapons. per ) Installations and facilities devoted to manufacture of novel weapons. and Verify (a) By cross checks with stages I and II and quantitative inspection ory of units disclosed. ons) By inspection of physical dimensions of plants and examination of records pertaining to consumption of power and raw materials, available labour force, and finances, and by access to and spot checks of selected units and installations. (a) and (b): By aerial survey as set forth in stage I. up STAGE V (a) Quantities of novel weapons on hand by types. (a) By physical count of stockpiles of finished novel weapons cross checked with information disclosed in stages I, II, III and IV. ds, ANNEX II Proposed stages of disclosure and verification of Atomic armaments STAGE I (a) Location of all installations directly concerned with production of atomic energy, or the product of which is primarily useful in the production of atomic energy. Also manpower employed, physical dimensions, and power input of each installation. Ex- nd to a statement giving the input material, the produce material and process used in each instance. jur- Diadose 218- Verify Te- ess 18- Disclose UP ed FP res 2758 AMERICAN FOREIGN POLICY, 1950–1955 (a) By direct and detailed inspection of all aspects the installations (6) By direct and detailed inspection of fissionable or fusionable Verify (a) By direct examination, location, manpower used, power input and physical dimensions of installation. (Inspectors will have access to entire national territory to the extent necessary to determine through such means as aerial survey, inspection of water and railways and power lines, that all atomic energy installations have been declared.) Dis (6) Uses and functions in so far as revealed by external examination (0 of all structures and unboused equipment. Detailed interior inspection shall take place in subsequent stages, the particular stage in which it will take place depending upon the function of the plant. (Verification of (a) above will be of value as partial | Ve verification of plant use or function.) (6) (a) and (6): By aerial survey in all stages for same purposes and to same extent as permitted with armed forces and non-atomic arma- ments. (See annex I.) STAGE II Di Disclose @ (a) Details of design and operation, including present and past output , of all those installations or parts of installations concerned with V. preparation of atomic energy raw or feed materials (and such auxiliary materials as graphite, heavy water and beryllium), from mines up to but not including reactors, isotope separation plants , and similar nuclear conversion devices used to produce fissionable or fusionable material. 6. Verify (a) By direct and detailed inspection of all aspects the installations and appropriate records. Cross checks with stage I. STAGE III Disclose pr (a) Details of design and operation, including present and past output of all those atomic energy installations, or parts of installations concerned with the conversion of feed materials to fissionable or fusionable materials or with the preparation of radioactive materials in large quantities. (6) Amounts and types of fissionable or fusionable material on hand or in process; amounts and types of radioisotopes on hand or process. (c) General design and operational characteristics of research labora- tories involving reactors operating at a power level of 1 MW or more, including amounts of radioactive, or fissionable or fusion- able materials produced. Verify and appropriate records. "Cross checks with stages I and II , WO 1, re WE as 2. 20 P t 3 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2759 entered into by which all States would reduce their armed forces to cess ave llar 1 &• tions long before an offending State could start a war. material, or radioactive materials, installations for production and thereof, and appropriate records. () By survey of facilities associated with reported reactors, by de- tailed irspection of reactors themselves. and STAGE IV Disclose ion) Details of design and operation, including past and present output rior of all those atomic energy establishments and installations con- cerned with the fabrication of atomic or radioactive weapons from of fissionable or other materials. tial Verify I to (m) By direct and detailed inspection of installations and appropriate records. Cross checks with stages I, II and III. STAGE V Disclose () Location, numbers and types of atomic and radioactive weapons luty on hand. Weapon storage sites. ith om By direct inspection. Cross checks with stages I, II and III its, and (a) above. ble 6. ESSENTIAL PRINCIPLES OF A DISARMAMENT PROGRAM: Proposal Submitted by the United States Delegation to the United Nations Disarmament Commission, April 24, 1952 The Disarmament Commission accepts as a guide for its future work the following principles as the essentials of a disarmament programme: out ns 1. The goal of disarmament is not to regulate but to prevent war by ble relaxing the tensions and fears created by armaments and by making ive war inherently, as it is constitutionally under the Charter, impossible 8 a means of settling disputes between nations. and 2. To achieve this goal, all States must co-operate to establish an open and substantially disarmed world: (a) In which armed forces and armaments will be reduced to such a point and in such a thorough fashion that no State will be in a condi- tion of armed preparedness to start a war, and 0 In which no State will be in a position to undertake prepara- tions for war without other States having knowledge of such prepara- ich Verify Ons 1 III 8- Or n- ms 1. 1. To reach and keep this goal, international agreements must be U.N. Disarmament Commission, Official Records, Supplement for April, May le and June 1962 (DC/C.1/1), pp. 8-9. 2760 AMERICAN FOREIGN POLICY, 1950-1955 8 The objective must be to reduce the possibility and the fear of successful aggression and to avoid levels, and restrict their armaments to types and quantities, necessary for: (a) The maintenance of internal security, b) Fulfillment of obligations of States to maintain peace and security in accordance with the United Nations Charter. 4. Such international agreements must ensure by a comprehensive and co-ordinated programme both: (a) The progressive reduction of armed forces and permitted armaments to fixed maximum levels, radically less than present levels and balanced throughout the process of reduction, thereby eliminating mass armies and preventing any disequilibrium of power dangerous to peace, and (6) The elimination of all instruments adaptable to mass destruc- tion. 5. Such international agreements must provide effective safeguards to ensure that all phases of the disarmament programme are carried out . In particular, the elimination of atomic weapons must be accomplished by an effective system of international control of atomic energy to ensure that atomic energy is used for peaceful purposes only. 6. Such international agreements must provide an effective system of progressive and continuing disclosure and verification of all armed forces and armaments, including atomic, to achieve the open world in which alone there can be effective disarmament. 7. NUMERICAL LIMITATION OF ARMED FORCES: Working Paper Submitted by the Delegations of the United States, the United Kingdom, and France to the United Nations Disarmament Commission, May 28, 19521 The delegations of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which sored the resolution of the General Assembly establishing the Dis armament Commission,2 are today submitting the attached working proposals for the determination of over-all numerical limitations on all armed forces. In fixing numerical limitations on the armed forces of States a number of factors, demographic, geographic, political and economic the need of balanced power-relationships among States must also be taken into account. There is no one automatic formula which can inflexibly be applied in all cases. 1 U.N. Disarmament Commission, Oficial Records, Supplement for April, Maj and June 1952 (DC/10) pp. 1-5. 2 Supra, doc. 4. 1. 1 spoD- 2 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2761 é VON : limitation and balanced reduction of all armed forces and all The proposals suggest that there should be fixed numerical ceilings for China, France, the Union of Soviet Socialist Republics, the United Kingdom and the United States of America. A ceiling between Republics, the United States of America and China, while a ceiling between 700,000 and 800,000 is suggested for the United Kingdom and France. The proposals call for agreed maximum ceilings for all other States having substantial armed forces to be fixed in relation to the ceilings agreed upon for the five powers. Such ceilings should be fixed with a view to avoiding a disequilibrium of power dangerous to international peace and security in any area of the world, thus reducing the danger of war. The ceilings would normally be less than one per cent of the population and should be less than current levels, except in very special circumstances. The proposals envisage substantial and balanced reductions in armed forces. Agreement on such reductions should greatly lessen the likelihood and the fear of successful aggression and should facilitate agreement on other essential parts of a comprehensive disarmament programme, including the elimination of all major weapons adaptable to mass destruction and the effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only. PROPOSALS FOR FIXING NUMERICAL LIMITATIONS OF ALL ARMED FORCES A. Introduction 1. Paragraph 3 of General Assembly resolution 502 (VI) of 11 January 1952: "Directs the Disarmament Commission to prepare proposals to be embodied in a draft treaty (or treaties) for the regulation, limitation and balanced reduction of all armed forces and all armaments, for the elimination of all major weapons adaptable to mass destruction, and for the effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only”. 2. Paragraph 6 of the resolution: "Directs the Commission, in working out plans for the regulation, ) 6 1 1 armaments: e 1 g "(a) To determine how over-all limits and restrictions on all armed forces and all armaments can be calculated and fixed; "(6) To consider methods according to which States can agree by negotiation among themselves, under the auspices of the Com- mission concerning the determination of the over-all limits and restrictions referred to in sub-paragraph (a) above and the alloca- tion within their respective national military establishments of the permitted national armed forces and armaments”. I } 2762 AMERICAN FOREIGN POLICY, 1950–1955 0 St. 1 SI 01 0 m to avoiding a disequilibrium of power dangerous to international peace 3. The present working paper presents a plan for the determination of over-all numerical limitations on the size of the armed forces of States. Obviously some over-all limitations on the size of the armed forces of States are an essential part of any comprehensive plan for the regulation, limitation and balanced reduction of armed forces and armaments. The working paper is not intended to exclude, 6. but to facilitate the development of other essential components which must be included in what the preamble of the General Assembly resolution refers to as "comprehensive and co-ordinated plans, under international control, for the regulation, limitation and balanced reduction of all armed forces and armaments, for the elimination to of all major weapons adaptable to mass destruction, and for the effective control of atomic energy to ensure the prohibition of atomic fic weapons and the use of atomic energy for peaceful purposes" includ- рь ing "safeguards that will ensure the compliance of all ... nations (whose military resources are such that their failure to accept would ite endanger the system)”. Proposals have already been submitted on certain other essential components, i. e., the control of atomic energy and disclosure and verification of all armed forces and armaments. By submitting this working paper and focusing attention on another component we hope to facilitate progress toward an agreed com- prehensive programme. D B. Standards for determining numerical limitations of all armed forces 7. 4. In fixing numerical limitations on the armed forces of States & number of factors, demographic, geographic, political and economic , have to be considered. The Charter responsibilities of States and the need of balanced power-relationships among States must also be taken into account. There is no one automatic formula which can inflexibly be applied in all cases. The objective must be to reduce the possibility and the fear of successful aggression and to avoid a g. disequilibrium of power dangerous to international peace and security.be ta 5. The following working formula is suggested as a basis of discussion (a) There should be fixed numerical ceilings for China, France , 10 the Union of Soviet Socialist Republics, the United Kingdom, and the United States of America which should be worked out with a view of avoiding a disequilibrium of power dangerous to international peace 11 and security among themselves or with other States and thus rem ducing the danger of war. It is tentatively suggested that the max- mum ceilings for the Union of Soviet Socialist Republics, the United States of America and China should be the same and fixed at, say , between 1 million and 1.5 million, and the maximum ceilings for the 1: United Kingdom and France should be the same and fixed at, say, between 700,000 and 800,000. (6) For all other States having substantial armed forces there should be agreed maximum ceilings fixed in relation to the ceilings agreed it upon for the five Powers. Such ceilings should be fixed with a view and security in any area of the world and thus reducing the danger al in re as re ar P1 co OI 11 10 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2763 | armaments, such as the control of atomic energy and the system of cordance with a time schedule prescribed by the international control forces would be contemplated as substantial progress is achieved of war. The ceilings would normally be less than one per cent of the population. Moreover, they should be less than current levels except in very special circumstances. C. Significance of over-all numerical limitations 6. While a nation's armed forces are not the only measure of its armed strength, and other elements of armed strength will have to be con- sidered in any comprehensive programme for the balanced reduction of armed forces and armaments, nevertheless a numerical limitation an armed forces is a major element in any such programme for the following reasons: (a) All armaments programmes depend upon manpower and there- fore must to a greater or less degree be affected by limitations on permitted armed forces. 6) A substantial reduction of armed forces as here suggested in itself would tend to reduce the likelihood of successful aggression. (0) Agreement on a substantial and balanced reduction of armed forces , minimizing the likelihood and fear of successful aggression, should greatly facilitate agreement reducing and restricting the arma- ments supporting these armed forces. D. Implementation of proposals for numerical limitations of all armed forces 1. In determining the numbers in the armed forces, all kinds of armed forces, including para-military and security forces, must be & Adequate provision must be made to ensure that the maximum limitation on armed forces is not circumvented through building up burge forces of trained reserves or militarily trained police. 9. This system must be accepted by all States, whether or not Mem- bers of the United Nations, whose military resources are such that their failure to accept would endanger the system. 10. There should be adequate safeguards throughout the process of reduction to ensure that limitations are put into effect and observed as agreed and that violations can be promptly detected. 11. The implementation of the reductions should be closely related to progress in connexion with other phases of the programme for regulation, limitation and balanced reduction of armed forces and progressive and continuing disclosure and verification. 2. The reduction should be carried through in a manner and in ac- organ and should be completed within the shortest feasible time after 13. In the future, further numerical limitation of permitted armed included. : its commencement. 2764 AMERICAN FOREIGN POLICY, 1950-1955 118 $1 16 ta bi U 0: PI CO Oti M members of the Commission (DC/8). Committee 1 was authorized "Disclosure and verification of all armaments, including atomic 3 U.N. General Assembly, Official Records, Sixth Session, Supplement No. 80 toward the easing of international tensions, and the agreed ceilings would be subject to review at stated intervals. 14. The proposed limitations including their relationship to other components of the programme for regulation, limitation and balanced reduction of armed forces and armaments and the elimination of weapons adaptable to mass destruction--should be comprehended within the treaty or treaties required under paragraph 3 of General Assembly resolution 502 (VI) of 11 January 1952. 8. FIRST REPORT OF THE UNITED NATIONS DISARMAMENT COMMISSION, MAY 29, 1952 1 1. The General Assembly, by resolution 502 (VI) of 11 January 1952, established the Disarmament Commission. In addition, the General Assembly, by resolution 504 (VI) of 19 January 1952, re- ferred to the Commission certain proposals of the USSR, as contained in paragraphs 3 to 7 inclusive, of document A/C.1/698 (DC/2]. 2. The Members of the Disarmament Commission for 1952 are: Brazil, Canada, Chile, China, France, Greece, Netherlands, Pakistan , Turkey, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, and the United States of America. 3. The Commission has held twelve meetings to date, of which the first was held in Paris on 4 February 1952, and the subsequent ones have been held at United Nations Headquarters in New York, 4. At the 2nd meeting of the Commission on 14 March 1952, the representative of the United States submitted a "Proposal for a Plan of work for the Disarmament Commission" (DC/3]. 5. At the 3rd meeting of the Commission on 19 March 1952, the representative of the Union of Soviet Socialist Republics submitted a "Proposal for a plan of work for the Disarmament Commission [DC/4 and DC/4/Corr.1]. 6. At the 7th meeting of the Commission on 26 March 1952, the representative of France submitted a "Proposed program of work for the Disarmament Commission” [DC/5). This proposed programme was adopted by the Commission at its sth meeting on 28 March 1952 7. At the 9th meeting of the Commission on 2 April 1952, at the suggestion of the Chairman, the representative of Chile, the Commis sion established two working committees, each consisting of all the tion of all armaments and armed forces". Committee 2 was author ized to consider paragraph A of the programme of work , to w armaments, and of all armed forces". 1 U.N. doc. DC/11. 2 See supra, doc. 4. 07 9. PE 97 1 g 81 Q1 (A/2119), p. 4. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2765 See supra, doc. 6. 3 obtaining early agreement on these matters among States with and September 1952 (DC/12), pp. 1-3. 8. At the first meeting of Committee 2, on 5 April 1952, the repre- sentative of the United States submitted a working paper entitled "Proposals for progressive and continuing disclosure and verification of armed forces and armaments" (DC/C.2/1).1 9. At the 3rd meeting of Committee 1 on 24 April 1952, the repre- gentative of the United States submitted a proposal entitled "Essen- tial principles for a disarmament programme" (DC/C.1/1].2 10. At the 12th meeting of the Commission on 28 May 1952, the representatives of France, the United Kingdom, and the United States submitted a "Working paper setting forth proposals for fixing numer- ical limitations of all armed forces' (DC/10). 11. The Commission decided at its 12th meeting on 28 May 1952 to submit this first report, in accordance with paragraph 7 of resolu- tion 502 (VI), to the Security Council and to the Members of the United Nations, and to transmit with this report the two resolutions of the General Assembly referred to above, and the records of the proceedings of the Commission and its Committees to date. 12. The discussions in the Commission and its two Committees are continuing and the Commission will, in accordance with paragraph 7 of resolution 502 (VI), submit further reports on its work. 13. The list of the relevant General Assembly resolutions and of the records of the proceedings of the Commission and its Committees is annexed hereto. 9. NUMERICAL LIMITATION OF ARMED FORCES: Supple- mentary Working Paper Submitted by the Delegations of the United States, the United Kingdom, and France to the United Nations Disarmament Commission, August 12, 19526 1. It is contemplated that any agreement for the numerical limita- tion of armed forces would necessarily comprehend: (a) Provisions to ensure that production of armaments and quan- tities of armaments bear a direct relation to the amounts needed for permitted armed forces; (6) Provisions for composition of permitted armed forces and urmaments in order to prevent undue concentration of total permitted armed forces in a manner which might prejudice a balanced reduction; (0) Procedures in conformity with the directive contained in para- taph 6 (b) of General Assembly resolution 502 (VI) of 11 January 1952, for the negotiation within over-all limitations of mutually agreed programmes of armed forces and armaments with a view to UN. Disarmament Commission, Official Records, Supplement for July, August substantial military resources. See supra, doc. 5. 7 See supra, doc. 7. Not reprinted here. ! Supra, doc. 4. 2766 1950-1955 AMERICAN FOREIGN POLICY, 0 IF an CE d ti ta SE Ci ALE Procedures should be worked out to facilitate the development , under the auspices of the Disarmament Commission, of mutually agreed programmes of armed forces and armaments to be compre- hended within the treaty or treaties referred to in General Assembly resolution 502 (VI) of 11 January 1952. 2. One possible procedure, advanced for the purpose of initiating discussions, might be: (a) Upon acceptance of the proposals set forth in Working Paper DC/10 1 with respect to fixing numerical limitation of all armed forces, arrangements might be made for a conference between China, France , Union of Soviet Socialist Republics, United Kingdom and the United States of America with a view to reaching tentative agreement among themselves, by negotiation, on: (1) The distribution by principal categories of the armed forces that they would consider necessary and appropriate to main- tain within the agreed numerical ceilings proposed for their armed forces; (2) The types and quantities of armaments which they would consider necessary and appropriate to support permitted armed forces within the proposed numerical ceilings; (3) The elimination of all armed forces and armaments other than those expressly permitted, it being understood that provision will be made for the elimination of all major weapons adaptable to mass destruction, and for the effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only. The distribution of armed forces within stated categories and the types and volumes of armaments would not necessarily be identic , even for States with substantially equal aggregate military strength , inasmuch as their needs and responsibilities may be different. The objective of the agreements would be to reduce the possibility and fear of aggression and to avoid a disequilibrium of power dangerous to international peace and security. Such agreements would neces- sarily be tentative, as they would have to be reviewed in the light of further tentative agreements to be reached, as indicated in the follow- ing paragraph. (6) When tentative agreement is attained at the conference referred to in paragraph 2 (a), regional conferences might be held, to be attended by all governments and authorities having substantia military forces in the respective regions, for the purpose of reaching similar tentative agreement on: (1) The over-all numerical ceilings for the armed forces of all such governments and authorities, as proposed in paragraph 5 (b) of (2) The distribution of the permitted armed forces within stated categories, ! ta 01 T PI P ak 1 8 8 1 Supra, doc. 7. 0 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2767 and September 1952 (DC/15), pp. 3-4. | balanced reduction of all armed forces and armaments should provide tion, including bacterial, and for the effective international control of 2. Bearing in mind that all Members of the United Nations have LU.N. Disarmament Commission, Official Records, Supplement for July; August (3) The type and volume of armaments necessary and appropriate to support the permitted armed forces, and (4) The elimination of all armed forces and armaments other than those expressly permitted, it being understood that provision will be made for the elimination of all major weapons adaptable to mass destruction, and for the effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only. (c) Thereafter a draft treaty might be worked out, as contemplated in operative paragraph 3 of General Assembly resolution 502 (VI) of 11 January 1952, comprehending and bringing into a balanced relationship all essential components of the programme. 3. The timing and co-ordination of the reductions, prohibitions and eliminations should ensure the balanced reduction of over-all armed strength and should avoid creating or continuing any dis- equilibrium of power dangerous to international peace and security during the period that the reductions, prohibitions and eliminations are being put into effect. In particular, the initial limitations or reduc- tions in armed forces and permitted armaments and the initial steps toward elimination of prohibited armaments should commence at the same time. Subsequent limitations and reductions should be syn- chronized with subsequent progress in elimination of prohibited amaments. An international control authority should be established at the commencement of the programme and it should be in a position to assume progressively its functions in order to ensure the carrying out of such limitations, reductions, curtailments and prohibitions. Thus, when the limitations and reductions in armed forces and per- mitted armaments provided by the treaty or treaties are completed, production of prohibited armaments will have ceased, existing stock- piles of prohibited armaments and facilities for their production will have been disposed of, atomic energy will be utilized for peaceful purposes only, and the international control authority will have assumed its full functions. 10. ELIMINATION OF BACTERIAL WEAPONS: Working Paper Submitted by the United States Delegation to the United Nations Disarmament Commission, September 4, 1952 1 1. A comprehensive programme for the regulation, limitation and for peaceful purposes only. agreed to refrain not only from the use of germ warfare but from the use of atomic 2768 AMERICAN FOREIGN POLICY, 1950–1955 of 01 19 ; a1 use of force of any kind contrary to the law of the Charter, the pro- gramme envisaged in paragraph 1 must be approached from the point of view of preventing war and not from the point of view of regulating the armaments used in war or of codifying the laws of war. The proof gramme as a whole should ensure that armed forces and armaments are reduced to such a point and in such a thorough fashion that: (a) No State will be in a position of armed preparedness to start a war (6) No State shall be in a position to undertake preparations for war without other States having knowledge of such preparations long before the offending State could start a war. 3. Safeguards must be devised to ensure the elimination of bacterial weapons and facilities and appliances for their production and use along with the elimination of all armed forces and armaments not expressly permitted to States to maintain public order and to meet their Charter responsibilities. The principal safeguards to ensure the elimination of bacterial weapons are to be found in an effective and continuous system of disclosure and verification of all armed forces and armaments such as that suggested in the working paper sub- mitted by the representative of the United States on 5 April 1952, th entitled "Proposals for progressive and continuing disclosure and verification of armed forces and armaments" (DC/C.2/1). It is proposed that, at appropriate stages in an effective system of dis- closure and verification," agreed measures should become effective providing for the progressive curtailment of production, the progres- 1. sive dismantling of plants and the progressive destruction of stockpiles of bacterial weapons and related appliances. Under this programme with co-operation in good faith by the principal States concerned, all bacterial weapons and all facilities and appliances connected therewith should be completely eliminated from national armaments and their use prohibited. PA el 11. REGULATION, LIMITATION, AND BALANCED REDUC- TION OF ALL ARMED FORCES AND ALL ARMAMENTS: Resolution 704 (VII) of the United Nations General Assembly, April 8, 1953 el ti ) 81 2 bu t I E The General Assembly, Recognizing that: Under the Charter of the United Nations all States are bound to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered , and to refrain in their international relations from the threat or use of force against the territorial integrity or political independence D I 1 See . 2 U.N. General Assembly, Oficial Records, Seventh Session, Supplement No. 20A (A/2361/Add. 1), p. 3. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2769 of peace, Energy Commission, and the U.S. Mission to the United Nations. Deputy V. S. Representative on the United Nations Disarmament Commission, United States Efforts Toward Disarmament: Report to the President by the January 12, 1953 (Department of State publication 4902; 1953). Letter of trang- mittal not reprinted here. See supra, docs. 5, 6, and 10. of any State, or in any other manner inconsistent with the purposes d the United Nations, The aim of a system of world-wide disarmament is to prevent war and release the world's human and economic resources for the purposes 1. Takes note of the report of the Disarmament Commission; 1 2. Reaffirms General Assembly resolution 502 (VI) of 11 January 1952 ? and requests the Disarmament Commission to continue its work for the development by the United Nations of comprehensive end co-ordinated plans providing for: (8) The regulation, limitation and balanced reduction of all armed forces and armaments; (b) The elimination and prohibition of all major weapons, including bacteriological, adaptable to mass destruction; (c) The effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only; The whole programme to be carried out under effective international control in such a way that no State would have cause to fear that its security was endangered; 3. Requests the Commission to report to the General Assembly and the Security Council no later than 1 September 1953, and hopes that all the members of the Commission will co-operate in efforts to produce constructive proposals likely to facilitate its task. 12. UNITED STATES EFFORTS TOWARD DISARMAMENT: Report to the President by the Depaty United States Representa- tive on the United Nations Disarmament Commission, January 12, In view of your deep and active interest in the development of an effective and comprehensive disarmament program I have thought it would be appropriate for me at this time to make a report to you on the work of the U.N. Disarmament Commission and in particular on the eforts of the United States in close cooperation with other members of the Commission to carry out the mandate of the General Assembly in accordance with the spirit and the principles of the Charter. behalf of the United States in the Commissions are the product of the joint efforts of the State and Defense Departments, the Atomic The Second Report of the Disarmament Commission, Oct. 9, 1952 (U.N. doc. 71 1953 4 DC/20). ? Supra, doc. 4. Benjamin V. Cohen. 415900_-57-Pol. 2 2770 AMERICAN FOREIGN POLICY, 1950–1955 the nat nat The tripartite proposals submitted on behalf of the United States , France, and the United Kingdom represent the joint efforts of all three Governments. The cooperation achieved within our Govern- ment and with friendly governments on the Commission has made it possible for us to supply the ideas and materials with which an effective and comprehensive disarmament program may in the future be wrought. OUR RESPONSIBILITIES UNDER THE CHARTER teg inci It may seem paradoxical to many that we should discuss disarmament I in the United Nations in 1952, when the nations of the world are increasing their armaments at an accelerated pace. not But the United States has made it clear in the discussions of dis-ider armament in the United Nations that the burden of armaments has been thrust upon us and is not of our choosing. We have learned that in an armed world we cannot safely rely on unarmed goodwill." But we have made it clear that we would infinitely prefer a world order in which the energies and resources now diverted to armaments the could be used to advance human dignity and well-being. On November 7, 1951, in an address explaining the proposals of the United States, the United Kingdom, and France for the establish-sat ment of the U.N. Disarmament Commission, you, Mr. President, seti stated: “We are determined to win real peace-peace based on freedom and justice. We will do it the hard way if we must-by going forward , of as we are doing now, to make the free world so strong that no would-be aggressor will dare to break the peace. But we will never give up of trying for another way to peace—the way of reducing the armaments that make aggression possible.” 2 Five months later, on April 2, 1952, General Eisenhower, then Supreme Allied Commander in Europe, in his first report to the NATO countries declared: “Visible and within grasp we have the capability of building such military, economic and moral strength as the Communist world the would never dare to challenge. When that point is reached, the Iron Curtain rulers may finally be willing to participate seriously in dis- armament negotiations. Then we may see fulfilled the universal bu hope expressed in the United Nations Charter to reduce the diversion for armaments of the world's human and economic resources. Our position is clear and unequivocal. Until all nations cooperate in good faith in putting into effect a balanced reduction in armede forces and armaments, we must build up and maintain the armed de strength of the free world to guard and preserve the peace. But we he have shown that we are ready, willing, and eager to work out a com prehensive disarmament program to reduce the danger of war and pro IN not 1 SUC cen VAL of nie 8 C do De 1 See supra, docs. 7 and 9. 2 See Department of State Bulletin, Nov. 19, 1951, pp. 799–803. 3 See ibid., Apr. 14, 1952, pp. 572-579. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2771 j expressly permitted should be eliminated under effective international t or group 5 ance that such weapons will not be available for use. therefore urged in the United Nations that efforts be directed toward 1 | comprehensive disarmament program which will insure that nations ments in types or in volume beyond those required for self-defense and to meet their Charter responsibilities. Forces and weapons not the fear of aggression. That is the duty of all member states under the Charter of the United Nations. Under the Charter, all members have agreed to settle their inter- national disputes by peaceful means in such a manner that inter- sational peace and security and justice are not endangered. Under the Charter all members have agreed to refrain in their international relations from the threat or use of force against the territorial in- tegrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations. The maintenance of large armaments undermines confidence in the fulfillment of the solemn Charter obligations of member states not to use force or the threat of force as an instrument of national or ideological policy. But the use of force or the threat of force in international relations annot be eliminated by unilateral disarmament by any one state of states. All states must cooperate. Åll members of the United Nations have a responsibility to see that force is used only in self-defense and in the service of the Charter and not as an instrument of national or ideological policy. Disarmament must be viewed as a means of carrying out the obli- gations under the Charter not to use force or the threat of force for settling disputes among nations. The objective of a disarmament rogram must be to prevent war, not to regulate the armaments used in war. We have tried to make clear that the United States does not accept war as inevitable; that the job is to reduce the likelihood of war by insuring that no nation possesses the means to commit a secessfui act of armed aggression. The aim is to reduce the likelihood (war by reducing the possibility of war and armed aggression. In its efforts towards disarmament, the United States has con- centrated single-mindedly on the root problem, the prevention of war itself. When men fight to kill it is hard to regulate the manner killing. True humanitarianism as well as realism supports the view that the only practical way to eliminate the horror of war is That of course does not mean that we are uninterested in examining the rules for the conduct of war or in finding better ways to protect trilians and prisoners should war occur. But in developing a dis- ! imament program we must strive not to codify the rules of warfare but to reduce the possibility of war. Responsible statesmen cannot rely upon paper promises which provide no assurances of their observance. We cannot make genuine rogress toward disarmament by piecemeal attempts to forbid the 1 of individual weapons without safeguards designed to give assur- We have manot retain in their military establishment armed forces and arma- 1 - S to elimin:ate war itself. 2772 AMERICAN FOREIGN POLICY, 1950–1955 DO ud DIE ME me FOR in an atmosphere of mutual confidence and good will, agreement on the 1 See statement of June 14, 1946, by the U.S. Representative before the U.X Atomic Energy Commission; A Decade of American Foreign Policy, pp. 1079–1087 2 See U.N. General Assembly Res. 191 (III) of Nov. 4, 1948; ibid., pp. 1122-1123 safeguards sufficient to remove the possibility and fear of prohibited a forces or armaments being available for use. The most solemn promise in the history of international relation- ships is that contained in the Charter against the threat or use of force Ng of any kind in any way in international relations contrary to the pur poses of the Charter. A disarmament program should provide the safeguards necessary to assure that no state will be in a position to 1 break this solemn promise. No lesser promise can be relied upon il ne that most solemn promise is broken. A state which would flout the Charter to make war cannot be relied upon to honor any lesser promise pro as to how it will wage war. LUE This is the framework within which we have undertaken in the Disarmament Commission our Charter responsibility "for formulat- ing . . . plans ... for the establishment of a system for the regula- tion of armaments.' EARLY EFFORTS TOWARD DISARMAMENT At the time the Charter was adopted, Nazi and Japanese aggression had been crushed. We looked forward to a peaceful world. We so the sought to cooperate to relieve the peoples of the world of the fear of war and the burden of armaments. of ti Relying on the good faith of the Soviet Union and its promises to fulfill its Charter and treaty obligations, we demobilized our the armed forces. lor We did even more. Less than a year after the momentous dis pas covery by the United States of the war potential of the atom, we pro- of posed that the United Nations undertake to develop an effective plan for the international control of atomic energy which would insure it is use for peaceful purposes only. Within the same year the United me States presented to the United Nations Atomic Energy Commissionele the basic principles of a constructive plan for the effective international control of this new force which would make possible and encourage in use by all nations for peaceful purposes. These principles with minor modifications were accepted as a working basis by the Genera A Assembiy of the United Nations in the fall of 1946, and a plan based on in these principles received the overwhelming endorsement of the Assen bly in 1948. The plan may not be perfect. Possibly it can be in proved upon. But we can be very proud of the part we have played for in working out the U.N. plan for the control of atomic energy are confident this plan could do the job of controlling effectively to atomic weapon and other related weapons as well, since its conter: plated procedures actually encompass the entire field of atomic energet In 1946, when we first suggested the basic principles of the plan , we had hoped that if general agreement could first be reached on plan for the effective international control of this new force of atome F energy, with its tremendous possibilities for good or for evil, the GO WRI 200 the stre al 901 181 1 1 1 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2773 Governments. The resolutions established a Disarmament Com- Res. 502 (VI); supra, doc. 4. lon mission with a broad mandate to develop comprehensive and Tel the way for fresh efforts to reach realistic agreements, the proposals -be stressed the fact that a genuine system for disarmament must include are compliance by all nations, Assembly passed a resolution 3 based on the proposals of the three See supra, docs. 1 and 2. See supra, pp. 345-350. ther essential parts of a comprehensive disarmament program would Ht be difficult of accomplishment. That was the reason why we AD - thought in the early days of the disarmament discussions in the United ce | Nations it would be better not to merge the discussions of conventional IT maments with the discussions of atomic-energy control. he In the Commission for Conventional Armaments the United States, to France, and the United Kingdom placed great stress on the develop- if ment of a system for the disclosure and verification of armed forces he ud armaments. We believed then, as we believe now, that such ise procedures generate mutual confidence necessary for any program of maranteed disarmament. If disarmament is to be considered seri- he jusly and not merely as an instrument of propaganda, statesmen Besponsible for the peace and security of their countries cannot rely 18- m paper promises to disarm, but must have assured means of know- ing that promises made are kept. Unfortunately our hope that progress in the field of atomic energy old stimulate progress in the field of conventional arms proved ufounded. Progress was stalled at a dead center in both commis- We sons. In the Atomic Energy Commission the Soviet Union rejected of de control features of the plan which had been developed on the basis the U.S. proposals and itself presented no acceptable alternative. tou the Conventional Armaments Commission the Soviet Union rejected red he proposals for a system for the disclosure and verification of armed forces and armaments because it did not include atomic armaments. lis . In an effort to break this deadlock, at the fifth session of the General possembly you, Mr. President, suggested a new approach to the task Jan of disarmament by merging the work of the Atomic Energy Com- its mission and the Commission for Conventional Armaments.? te mall , our hope was that the valuable preliminary work done in both elds could be preserved and that the new framework might be helpful mall a meeting the objections of the Soviet Union. its ith DISARMAMENT RESOLUTION OF JANUARY 11, 1952 19 At the sixth session of the General Assembly, the United Kingdom, france , and the United States joined in proposals to set up a new ed wordinated plans for the regulation, limitation, and balanced reduc- on of all armed forces and armaments including atomic. To pave stions whose military resources are such that their failure to accept endanger the system, and must include safeguards which will in overwhelming vote on January 11, 1952, the sixth General 100 -D1 70. & 7 By - * ' 21) --- 2774 AMERICAN FOREIGN POLICY, 1950–1955 the outset because of the insistence of the Soviet Union that we could ! ma sig Ito imi AN Jec- red of the Soviet Union. It might be illuminating to review the principal and agree on objectives and principles which we believed should We were influenced to present these principles and objectives si mission, composed of the members of the Security Council plus Canada, and directed the Commission to prepare draft proposals to 80 be embodied in a treaty or treaties for submission to a conference of all states, concerning Regulation, limitation, and balanced reduction of all armed forces and all armaments; Elimination of all major weapons adaptable to mass destruction; Effective international control of atomic energy to insure the prohi bition of atomic weapons and the use of atomic energy for peace- ful purposes only, with the present U.N. plan being used as the basis for the Commission's considerations until a better or no less effective plan is devised; Progressive and continuing disclosure and verification of all armed forces and all armaments, including atomic, the implementation of such a scheme being recognized as a first and indispensable step in carrying out the disarmament program; the Methods for fixing over-all limits and restrictions on all armed forces and armaments, and for determining the allocation within their respective military establishments of the permitted national armed forces and armaments; The establishment of an international control organ (or organs) to insure the implementation of the treaty or treaties; and An adequate system of safeguards to insure observance of the disa pre armament program. THE DISARMAMENT COMMISSION pic tec. As a member of the Disarmament Commission, the United States has put forward every effort to carry out the mandate of the General Assembly. The United States, individually and in collaboration with France and the United Kingdom, has placed before the Dis- armament Commission working papers and proposals which w believe provide a working basis and broad outline for a practical and comprehensive disarmament program. In the development and consideration of these proposals we had constructive assistance and cooperation from all members of the Commission with the exception suggestions we made in the Disarmament Commission. Essential Principles for a Disarmament Program On April 24, 1952, the United States introduced a paper setting forth what we considered "Essential Principles for a Disarmament Program”i (DC/20, pp. 83-84). It represented an attempt to clarify comprehensive disarmament program. QIS gra TAS the Un Dis the 1 See supra, doc. 6. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2775 IS 0 of ES e ES 1) es Wted States submitted its paper on "Essential Principles for a condition of armed preparedness to start a war, and make no progress until we took certain decisions on principles. The Soviet representatives had argued in the Commission, as they have upued in past General Assemblies, that the United States was opposed w any general reduction in armed forces and armaments because the United States was unwilling to accept the Soviet proposals that immediate decisions should be taken to reduce by one-third the umed strength of the great powers and to prohibit the use of atomic weapons and other weapons of mass destruction. The record is clear that the United States is dedicated to the goal significantly reducing armaments and effectively eliminating stomic weapons from the world's arsenals. The United States re- jected the Soviet proposals for the same reasons which caused the d General Assembly repeatedly to reject them, because they are not antrived to achieve a balanced reduction in armed strength or to -P provide safeguards which would insure their observance. In fact, they would clearly result in a dangerous imbalance of strength in favor of the Soviet Union and other states having mass armed forces. Te were confident that our statement of principles would clearly d demonstrate that the United States actively favors a truly balanced reduction in over-all armed strength, which would include the elimi- TO Istion of mass armed forces as well as all weapons of mass destruction. What we are opposed to is paper agreements or paper decisions which s provide no tangible safeguards or assurances of their observance. Responsible nations cannot morally or legally bind themselves to disarm on the basis of a decision in principle on the basis of paper promises and without adequate and unequivocal safeguards to pro- tect them from the hazards of violations and evasions. But if there could be agreement in advance on the objectives and principles which govern a comprehensive and coordinated disarmament pro- rap, such agreement should greatly simplify the main and primary agreeing on specific and practical measures for arms reductions ld and eliminations, and concrete and workable safeguards to carry out id these principles and objectives. d With this hope of facilitating the work of the Commission, the For the most part these principles, summarized below, derive from the Charter and the resolutions of the General Assembly. 11. The goal of disarmament is not to regulate the armaments to be used in war, but to prevent war by relaxing the tensions and lears created by armaments and by making war inherently, as it is constitutionally under the Charter, impossible as a means of settling 2. To achieve this goal, all states must cooperate to establish an open and substantially disarmed world (a) in which armed forces and armaments will be reduced to such e point and in such a thorough fashion that no state will be in a es al should un S- task of Il ID al Disarmament Program.” 1g 16 disputes between nations. 8 at M 2776 AMERICAN FOREIGN POLICY, 1950–1955 6. The safeguards provided in these international agreements must include an effective system of progressive and continuing , disclosure and verification of all armed forces and armaments (b) in which no state will be in a position to undertake prepara- tions for war without other states having knowledge of such preparations long before an offending state could start a war. This principle of an open and substantially disarmed world stems from the fourth freedom, freedom from fear, which President Roose- velt proclaimed in 1941. It was President Roosevelt himself who translated freedom from fear in world terms to mean "a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor—anywhere in the world." If we want a disarmed world, we must insist that all states refrain from the use of force or the threat of force as an instrument of na- tional or ideological policy. An effective disarmament program must be conceived with a determination to strengthen the peace and reduce the possibility of war, not as a haggling process to determine the kinds of arms which may be used in the next war or to gain a strategic advantage at the start of the next war or to reduce the costs of pre- paring for war. If we want to make progress towards disarmament , states must come to rely for their strength, as for their welfare, not on the number of battalions or weapons they have ready to unleash on a moment's notice, but on the health, happiness, and economic efficiency of their people in peacetime. The other four principles which we enumerated in our paper refer to the nature of the international agreements necessary to progress toward the disarmament goals mentioned in our first two principles . 3. These international agreements must bind all states to reduce their armed forces to levels and restrict their armaments to types and quantities no more or greater than may be necessary for the maintenance of internal order and the fulfillment of their obliga- tions to maintain peace and security in accordance with the Charter . 4. These international agreements must provide a comprehensive and coordinate disarmament program, balanced throughout the process of reduction so as to avoid any disequilibrium of power dangerous to the peace and envisaging the progressive and colla current elimination of mass armed forces and all instruments adaptable to mass destruction, including atomic and bacteriological 5. These international agreements must provide effective safe- guards to insure that all phases of the disarmament program are carried out. In particular, the elimination of atomic weapons control of atomic energy to insure that atomic energy is used for peaceful purposes only. 1 1 } + . including atomic, to achieve the open world in which alone there can be effective disarmament. 1 Message to Congress of Jan. 6, 1941; A Decade of American Foreign Policy . p. 1. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2777 1 0 e D , e C I to provide that the information disclosed in the atomic field at suc- disclosed in the nonatomic field. We not only outlined the principles and objectives of a compre- hensive disarmament program. We submitted a number of working papers making concrete suggestions as to how they could be carried out in practice. s System of Disclosure and Verification of All Armed Forces and Armaments The General Assembly resolution had directed the Disarmament Commission to consider from the outset plans for progressive dis- 1 closure and verification, the implementation of which was recognized as a first and indispensable step in carrying out the disarmament program envisaged by the resolution. In order to assist the Com- mission in complying with this directive, the United States sub- mitted to the Commission on April 5, 1952, a working paper contain- ing "Proposals for Progressive and Continuing Disclosure and Veri- fication of Armed Forces and Armaments'' (DC/20, pp. 30–42). A system of progressive and continuing disclosure and verification is , as the General Assembly has declared, an essential part of any plan for "guaranteed disarmament.” Such a system is necessary to t provide the basis for effective safeguards and realistic controls to insure that agreed disarmament becomes actual disarmament. C The system of disclosure and verification suggested in the U. S. working paper is continuing, progressive, and complete, and would, r under competent international control, provide advance warning s against violations. The system covers all armed forces and all arma- iments, including atomic from the very start. We suggested that disclosure and verification should be carried out s progressively, step by step. We suggested the system should proceed py stages not because we wanted to proceed at a snail's pace but because we know that in the present state of world tension no state would tear the veil of secrecy from its most carefully guarded security arrangements unless it could be satisfied that all states are proceeding with the same good faith and the same understanding and at the same pace. The concept of stages is introduced not to delay and obstruct, but to facilitate and expedite progress and to establish confidence. Our paper suggested five stages in all , each stage to follow when the previous stage has been satisfactorily completed. This concept of stages was intended to protect all states in the event of a serious violation or collapse of the program by providing a check on the good , believe, should proceed from the less secret to the more secret infor- mation, both to prevent premature disclosure of more secret informa- tion until substantial cooperation and good faith had been demon- strated through the working of the previous stage, and also because the less secret information can be more readily verified. We sought cessive stages should be approximately parallel to the information A e .-----...------- See supra, doc. 5. 2778 AMERICAN FOREIGN POLICY, 1950–1955 We have tried to make the first step in both fields a meaningful stride toward the goal of confidence. The first stage would disclose in breadth, although not in depth, the general contours of the military establishments of all nations. And the first stage includes so much information of a quantitative nature that the disclosures in the atomic field, for example, would give a clear indication of existing atomic strength-our own and that of other countries. That first stage calls for a verified report on the existing strength of all armed forces as well as on the location of installations and facilities required for the production of armaments of all types, including atomic. The success- ful completion of this first stage would do more to inspire international confidence and reduce tensions than any amount of words could ever accomplish. The second stage would provide detailed information on the organ- ization of armed forces and on the installations and facilities supplying the basic materials required to produce all armaments, including atomic. The third stage would give detailed information on arma- ments (except novel armaments which were not in general use by the end of World War II but are in volume production today), as well as detailed disclosure of kinds and amounts of fissionable material, and full data on the operation of installations and facilities which produce armaments and fissionable material. The fourth stage would give information in detail concerning the installations and facilities used to produce novel armaments, including atomic weapons. And the fifth stage would provide detailed disclosure of the novel arma- ments themselves and of atomic weapons. The Soviet representative in the Disarmament Commission refused to give serious attention to our working paper on disclosure and verif- cation and at the same time failed to submit any alternative proposals of his own to carry out the directions of the General Assembly that plans for disclosure and verification be considered from the outset The Soviet representative characterized our effort to develop a work- able system of disclosure and verification as a gigantic intelligence and espionage operation bearing no relation to disarmament. It is true, of course, that states have become so accustomed to living in the dark that they have become suspicious of the light. But it i truly impossible to see how, in our imperfect world, we can make rea progress toward disarmament so long as the Soviet Union is unwilling even to consider means of moving toward agreement on a workable, com- tinuing, progressive process of disclosure and verification. Respor- sible governments cannot be expected to agree to cut down their ow defenses unless through an effective disclosure and verification process they are reliably informed as to where such cuts will in fact leave them in relation to the armed forces of other countries. The Soviet representative on the Commission also criticized ou proposals on the ground that the atomic disclosures were relegated to à remote and indefinite stage. Actually there is a amount of atomic disclosure in the very first stage. But the Sopriet representative seemed more concerned to find reasons for rejectir our proposals than to open up any avenues for possible agreement . considerable DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2779 1 See supra, doc. 7. 2 3 3 ET g 1 le Les facilitate efforts to agree on reducing and restricting the quantities w and types of permitted armaments. piet United Kingdom, and France. As a basis for discussion, it proposed We recognized that there might be differences as to the stages and the speed with which the program passes from one stage to another. We contemplated that as soon as one stage was finished the next would begin. We believed that with genuine cooperation on the part of all states, all the stages could be completed within 2 years. The purpose of providing stages was to facilitate the process by creating confidence. In order that there be mutual confidence, there must be disclosure by degrees so that all nations are free of the fear that one nation is getting more knowledge than another or that the process is 1 in any way inequitable. We tried, in submitting the plan, to make clear that it was a working paper, that we were open to suggestion, and that we wanted to find out what sort of safeguards we could collectively devise. We tried to make it clear that the proposed system of disclosure and verification was not intended to exclude or delay reductions in armed forces and armaments or eliminations of weapons adaptable to mass destruction, but on the contrary was intended to provide the necessary ground work for such reductions and eliminations. 21, Ceilings on All Armed Forces ch id On May 28, 1952, the United States, the United Kingdom, and France submitted to the Disarmament Commission proposals suggest- ing the fixing of numerical limits on all armed forces of all states 8 (DC/20, pp. 125–130). The tripartite working paper of May 28 made clear that we are pre- edpared to grapple earnestly and sincerely not only with the problems of if- safeguards but with substantive measures to secure drastic and als balanced reductions in armed strength. The tripartite working paper of May 28 dealt with one of the et essential parts, in some ways the most important part, of a compre- * hensive disarmament program: the manpower strength of the armed 108 forces A nation's armed forces are not the only measure of its armed in strength. Other elements must be dealt with in any comprehensive i disarmament program. But aggressors are not likely to go to war ed without the armed forces necessary to insure the successful accom- 10 plishment of their aggressive purposes. All armaments depend upon om manpower, and their effectiveness in varying degrees is affected by on the armed forces available to use them. A substantial and balanced wa reduction of armed forces should greatly lessen the likelihood and fear es of war. If even tentative agreement could be reached on the ceilings em to the placed on permitted armed forces, we felt that would greatly i to be the armed forces of the United States, the U.S.S.R., China, the in equal maximum ceilings of between 1,000,000 and 1,500,000 for the 1 18- lat IS 1 2780 AMERICAN FOREIGN POLICY, 1950–1955 9 OF re 00 D an ap that they did not deal with the distribution of the permitted armed United States, the U.S.S.R., and China, and equal maximum ceilings of between 700,000 and 800,000 for the United Kingdom and France. The reductions proposed were substantial and balanced. They sought to avoid a disequilibrium of power dangerous to international peace in the relations of the great powers among themselves or with th other states, and thus to reduce the danger of war. The reductions for the United States and, we assumed, for the U.S.S.R. and China would be well over 50 percent. We felt if that could be secured there would be less likelihood of any powerful country being in a position where others would fear its readiness for war or its capability for a surprise attack. The tripartite working paper also suggested that there should be agreed maximum ceilings for all other states having substantial armed forces which should be fixed in relation to the ceilings agreed th upon for the Five Powers. The ceilings would be fixed in these PE cases also with a view to avoiding a disequilibrium of power dangerous to international peace and security in any area of the world, and thus of reducing the danger of war. We contemplated that the ceiling to would normally be less than 1 percent of the population and would normally be less than the current levels. But we recognized that pre there would be special cases requiring different treatment and that there is no one automatic formula which can be rigidly applied in all cases. The basic objective must be the avoidance of any imbalance of power dangerous to the peace. lim Many of the present difficulties both in Europe and in Asia springpall from an imbalance of armed strength which causes some nations to feel that they live only by leave or grace of their more powerful and none too friendly neighbors. If a balanced reduction of arms is to reduce both the fear and danger of aggression it must take into account the balance of armed strength of the most powerful states not only in relation to one another but also in relation to their The neighbors. The numerical limitations proposed were flexible and were not intended to be final or exhaustive. They were offered not as fixed limitations but as tentative standards to serve as a basis for discussion and negotiation. These proposals stressed one of our fundamental objectives in the disarmament field. We would eliminate as far as possible the danger of resort to war by reducing the practicability of successful aggression . Genuine enforcement of agreed levels of armaments would prevent excessive concentrations of military power which endanger peace and security. We believed our proposals to be eminently fair and deserving study. It was a great disappointment to us that the Soviet repre- sentative in the Disarmament Commission gave them scant considera tion and denounced them as cynical and hypocritical. The Soviet representative also criticized and misrepresented them on the ground agr 000 neg mig per. ten 8 Thi Thi e a 8 11 of regi and reg) Gre sim 1: DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2781 1 See supra, doc. 9. } 1 r 1 1 | ] regional conferences might be held attended by all governments and authorities having substantial military forces in the respective = Great Powers, the regional conference would endeavor to reach regions. In light of the tentative agreement reached by the Five similar tentative agreement on the above-mentioned subjects, in- armaments and the prohibition of weapons of mass destruction. He ignored the fact that our working paper and our statements in the Commission made clear that our paper was intended to deal with only one aspect of a comprehensive disarmament program and that the other essential components which he mentioned were to be dealt with before we concluded our work, But unfortunately the Soviet representative again showed more concern to find reasons for rejecting our proposals than to find possible avenues toward agreement. Distribution of Armed Forces and Limitations on Types and Quantities of Armaments On August 12, 1952, the United States again joined with France and the United Kingdom in submitting a tripartite supplement to the tripartite working paper on ceilings for the armed forces 1 (DC/20, pp. 162-164). In this supplement we proposed to prevent undue concentration of the permitted armed forces in particular categories of service and to limit armaments in types and quantities to those necessary and appropriate to support permitted armed forces. We suggested practical procedures to facilitate the development of mutually agreed programs to accomplish these purposes and to bring all essential 1 components of these programs into balanced relationship. Pe specifically suggested that if our proposals for fixing numerical limitations on all armed forces were accepted and the powers princi- pally concerned were prepared to undertake in good faith serious negotiations looking towards their implementation, arrangements 1 might be made for a conference of the Five Great Powers which are permanent members of the Security Council with a view to reaching tentative agreement among themselves by negotiation on- The distribution by principal categories of the armed forces that they would consider necessary and appropriate to maintain within the agreed ceilings proposed for their armed forces; The types and quantities of armaments which they would consider necessary and appropriate to support permitted armed forces within the proposed numerical ceilings; The eliinination of all armed forces and armaments other than those expressly permitted, it being understood that all major weapons adaptable to mass destruction should be eliminated and atomic energy should be placed under effective international control to insure its use for peaceful purposes only. We further proposed that following a Five Power conference, e S D 1 at il - er I. 11 2.8 of 2782 AMERICAN FOREIGN POLICY, 1950–1955 Inte Com wit Unfortunately, the Soviet representative on the Disarmament cluding agreement on the over-all numerical ceilings for the armed forces of all governments and authorities in the region. We proposed that all these agreements should be incorporated in a T draft treaty comprehending and bringing into balanced relationship effe all essential components of the disarmament program. In our paper we recognized that the needs and responsibilities of T states are different. Considerable flexibility in negotiation would be for necessary to obtain concrete and satisfactory results. The important ther thing is to obtain the greatest practicable reduction in armed forces 8PPD and armaments in order to reduce the danger and fear of war, bearing sbou in mind the necessity of avoiding throughout the process of reduction and any serious imbalance or disequilibrium of power dangerous to inter!! national peace and security in any part of the world. and In order to clarify the concept of balanced relationship between thro the essential components of a comprehensive disarmament program, T the tripartite supplement suggested that the timing and coordination Cone delit of the reductions, prohibitions, and eliminations should insure that there would be balanced reductions of over-all armed strength at all Gent stages throughout the disarmament process until the agreed limits are prop reached. In particular, the initial limitations or reductions in armed T forces and in permitted armaments should commence at the same time as the first steps toward the elimination of prohibited armaments , with synchronization throughout the process. The elimination of prohibited armaments would cover the elimination of all major weapons adaptable to mass destruction, whatever their nature, in cluding the elimination of atomic weapons as the result of an effective with system of international control of atomic energy. In order to oversee the job, the tripartite supplement proposed that an international control authority should be established at the commencement of the prog program, assuming progressively its functions to insure the carrying out of these limitations, reductions, curtailments, and prohibitions This concept of synchronization throughout the disarmament For? process is necessarily stated in general terms, for the details depend our upon working out the specific reduction process in each field. Of jede course the United States, France, and the United Kingdom do not seeks for to gain any advantage, imagined or real, which might give the pre- ponderance of military power to the West at the expense of other inspi 1 powers. The synchronization of the disarmament process must be designed prop to further the concept of balanced reduction which avoids a disequi- librium of power. It applies to atomic weapons, to artillery, to bacteriological weapons, to mass armies. In this context, as throughout the entire program, effective and as a balanced disarmament must be viewed as a means of reducing the danger and fear of war, not as a bargaining process to obtain strategic advantages in event of war. ener the The prest W arm The EXTEI the i that Dise IF (AL missi 28 with the 1123 Commission refused to accept the tripartite working paper supplement, even as a basis of discussion. TA WA DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2783 Disarmament Commission the Soviet Union has refused to explain (A Decade of American Foreign Policy, pp. 1107–1110) and Part II of the Com- mission's Second Report (ibid., pp. 1111-1118). See supra, doc. 4. International Control of Atomic Energy The United States has always considered that a system for the effective international control of atomic energy is an indispensable component of any disarmament program. The United States took a leading part in developing the U.N. plan for the control of atomic energy. That plan was the product of thorough study in the U.N. Atomic Energy Commission. It was approved by an overwhelming vote in the General Assembly. It should be reiterated that the U.N. plan would provide for elimination and prohibition, through effective international control procedures of all the various types of weapons based on the release of atomic energy, and the plan's references to control of atomic energy should be read throughout in that light. The General Assembly at its last session directed the Disarmament Commission to use the U.N. plan as the basis of the Commission's deliberations until a better or no less effective plan is devised. The General Assembly further directed the Commission to consider any proposals regarding atomic-energy control which might be submitted to it.3 The United States has continued to support the U.N. atomic- energy plan as the best plan presently available. But we made it dear in the Disarmament Commission that in no sense do we regard the plan as immutable and incapable of change and improvement. The United States reaffirmed its willingness to examine seriously and with an open mind any proposals for atomic control which might be presented. We did more. In our working paper proposing a continuing and progressive system of disclosure and verification of armed forces and armaments, the United States expressly included atomic armaments. The system of disclosure and verification proposed lays the ground work for continuing inspection. Other elemerts of control are of course very important and necessary in the field, but any plan must a process of continuing inspection. Any international system for the control of atomic energy, whatever its nature, must involve extensive disclosure and verification as part of a process of continuing The Soviet Union has rejected the U.N. atomic-energy plan, but has proposed no acceptable alternative. It has objected particularly to the ownership and other control features of the U.N. plan, contending ) that control should involve only continuing inspection. But in the Parts II C and III of the First Report of the U.N. Atomic Energy Commission 8 See supra, doc, 5. include inspection. ? C t 1123 2784 1950-1955 AMERICAN FOREIGN POLICY, 00 I in re sta sai acceptable to it, and it was unwilling even to consider our suggestions GE for continuing disclosure and verification in the atomic field or any It other field. The concept of disclosure and verification which includes continuing to inspection provides an indispensable first step in laying the ground me work for any control plan in the atomic field. Until the Soviet Union TI is willing to consider this concept little progress can be made toward determining what other elements of control, those contained in the of U.N. plan or others, may be necessary. We are interested in controls not for the sake of controls nor as an end in itself. We are interested It in controls as a necessary means for effectively eliminating atomic AU weapons from national arsenals. Sta Elimination of Weapons Adaptable to Mass Destruction, Including op Bacteriological Weapons The United States made clear in the Disarmament Commission that in its view a comprehensive disarmament program should include not sh only the effective international control of atomic energy to insure the str elimination of atomic weapons and the use of atomic energy for peace-ob ful purposes only but the elimination of all major weapons adaptable to mass destruction, including bacteriological weapons. This position we reiterated in our proposal on essential principles and in both the M tripartite proposal and supplement. Beginning with the very first meeting of the Disarmament Commis- sion in New York the Soviet Union sought to poison the atmosphere the of the Commission and obscure the clear and unequivocal position of the United States on this subject by making false and sensational Co charges that U.S. troops were conducting germ warfare in Korea and bai China. The Soviet Union sought to leave the false impression that the United States was opposing any effort in the United Nations to devise ways and means of eliminating bacteriological weapons as a W. part of a disarmament program. The monstrously false charges regarding the use of germ warfare in ch: Korea and China, which were completely irrelevant to the disarma les ment discussions, were categorically denied by the Unified Command and by the highest U.S. officials. The United States invited the International Committee of the Red Cross to investigate the charges . ab But the North Korean authorities and the Chinese Communist author ities ignored the offer of the International Committee of the Red Cross to make an investigation. When the United States sought to have the Security Council request the Red Cross to make such investigation, th the Soviet Union vetoed the proposal.2 On August 15, 1952, I made in the Disarmament Commission & statement 3 fully explaining the position of the United States.com bacteriological disarmament and in particular on the adequacy of the 1 1 in a l we Gc CO] Vc We VO : Ot NE pri } be PO Co 1 See supra, docs. 6, 7, and 9. 2 See supra, pp. 2668–2669. 3 See Department of State Bulletin, Aug. 25, 1952, pp. 294–297. per DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2785 1 $ 1 1 1 a ܢ e Other Gases, and of Bacteriological Methods of Warfare, June 17, 1925; League of Nations Treaty Series, vol. 94, pp. 65–74. The United States did not ratify this 2 Article XIII of the Annex to the Hague Convention of July 29, 1899, forbade belligerents to employ "poison or poisoned arms". This provision was also incor- porated in article XXIII of the Hague Convention of Oct. 18, 1907; Treaties, Conventions, International Acts, Protocols and Agreements Between the United States of America and Other Powers, 1776-1909, vol. II, William M. Malloy, ed. (Washington, 1910), pp. 2052 and 2285. Geneva protocol as a means of securing bacteriological disarmament. I tried to make clear our conviction that the objectives of the protocol could not be more worthy or laudable, but--and this cannot be repeated too often--that the protocol does not provide security against the manufacture, the stockpiling, and the use of bacteriological weapons. The Soviet representative placed great stress on the Geneva protocol in the Disarmament Commission and it was brought to the attention of the Seventh General Assembly in the item introduced by the Polish s representative which as of this writing has not yet been considered. | It might be useful to repeat here certain portions of my statement of c August 15 to the Disarmament Commission: "It would be a grave mistake to assume that, because the United States has not ratified the Geneva protocol, the United States is opposed to the general objective of the treaty, the effective outlawing of poisonous gas and biological weapons directed against human be- ings. "Our sympathy with the general objective of the Geneva protocol should not blind us to the fact that intervening events have demon- strated the protocol to be inadequate and ineffective to achieve its objective. The hope entertained at the end of World War I that states could rely upon treaty promises and treaty declarations without safeguards to insure their observance has turned out to be illusory. Mussolini was no more deterred from using poisonous gas in Ethiopia in the 1930's by the Geneva protocol, which Italy had accepted, than was Germany deterred from using poisonous gas in World War I by of the Hague conventions, which Germany had accepted “It was shocking to hear the Soviet representative in the Security 1 Council suggest that Hitler was deterred from using poisonous gas and t bacteriological warfare in World War II by the Geneva protocol, when we know that Hitler and his henchmen adhered to no treaty or law of God or of man which they believed they could successfully ignore. Would the Soviet representative have us believe that the men who consigned defenseless women, old men, and little children to the gas chambers would have respected the Geneva protocol, save for their 1 fears of reprisals? Winston Churchill did not think so. Marshal Voroshilov did not think so when he stated on February 22, 1938: Ten years ago or more the Soviet Union signed a convention abolishing the use of poison gas and bacteriological weapons. To that We still adhere but if our enemies use such methods against us I tell pou we are prepared and fully prepared to use them also and to use them against aggressors on their own soil." Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or n .. ------- 0 1 ----------- j protocol. 415900_-57--Vol. 2-72 2786 AMERICAN FOREIGN POLICY, 1950–1955 tha M 1 @ V net for to me In cal reg CL bei TH GE treaty obligations cannot be trusted to keep their paper promises "We have pointed out that the Soviet Union and other states which ratified the Geneva protocol reserved the right to employ poisonous gas and germ warfare in reprisal. We have pointed out that the Soviet Union and other states which have ratified the Geneva protocol have conducted research work and made other preparations for the use of poisonous gas and bacteriological warfare.In view of the proved inadequacies of the Geneva protocol we do not criticize the Soviet Union or other states parties to the protocol for these pre- cautionary measures. "But we do criticize the ... Soviet Union for attacking the United States for taking the same precautionary measures. We do criticize and condemn the . . . Soviet Union for making false charges that the United States is using bacteriological warfare in Korea. We do criticize and condemn the ... Soviet Union for conducting a hate-mongering campaign against the United States, which is, as I have previously stated, sadly reminiscent of Hitler's hate-mongering campaign against the Czechs before Munich. "We do not criticize the humane and worthy objective of the Geneva protocol. But we do not trust the promises of those who foreswear on paper the use of germ warfare save in reprisal and then make deliberate and false charges that others are using germ warfare. We do not trust the paper promises of those who bear false witnesses [sic] against their neighbors. We do not trust the paper promises of those who not hesitate to break their treaty promises when it serves their ideo- logical ends. We have no reason to believe that those who have made deliberately false charges against us would have been loath to make the same false charges against us if we had ratified the Geneva pro- tocol. And that is particularly true when their false charges provide false excuses for breaking their own promises op alleged grounds of reprisals. "Our purpose is not to discredit the worthy objective of the Geneva protocol but to find means adequate and effective to attain its objec- tive. The United States has never used germ warfare. The United States has never used gas warfare save in retaliation in the First World War when it was first used by Germany. In the last World War, President Roosevelt condemned the use of poisonous gas and issued strict orders that it should not be used except in retaliation . The United States has not used gas or germ warfare in Korea. The charges that it has are monstrous falsehoods and those that make them are unwilling to have them investigated by an impartial body The record of the United States is clear and clean, and no state tha keeps its Charter obligations has anything to fear from the United States in this regard. "It is not without significance that in both of the two wars in the Twentieth Century in which poison gas was used, its use was in augurated by states which had bound themselves on paper not to use it. If the history of the last half century teaches us anything i teaches us that aggressor states which start wars in violation of their ter ot TH its th mi de th OREB S 81 P d ( W DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2787 ) ? } 2 ) 3 9 } a States, I have insisted that we must approach the problem of dis- disarmament as a means of preventing war. My Government does not believe that we should interrupt this work to inform any would be aggressor state, which may contemplate using force contrary to its Charter commitments, what kind of force law-abiding states will or will not use to suppress aggression. 1 Res. 377 (V) of the U.N. General Assembly, Nov. 3, 1950; supra, pp. 187-192. those promises stands in the way of their accomplishing their ag- s gressive designs. "If men fight to kill, it is not easy to regulate how they shall kill. Moreover, there is the danger that if we prohibit the use of some weapons, even more hideous weapons may be discovered and used. We want to eliminate, and we have submitted proposals for the elimination of, all weapons which are not expressly permitted as necessary and appropriate to support the limited number of arined forces which may be permitted to states to maintain public order and to meet their Charter obligations. "In civilized communities the deliberate and unprovoked killing of man by man is murder regardless of the kind of weapon used to kill. In a civilized world, deliberate and unprovoked aggression which causes the killing of masses of men should be regarded as mass murder regardless of the kinds of weapons used. That is the theory of the Charter of the United Nations and that is the rule of law which we } here in the Disarmament Commission should seek to implement. That is the way we can best attain the unrealized objective of the Geneva protocol. "All members of the United Nations have agreed to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations. The United States as a member of the United Nations has committed itself, as have all other members, to refrain from not only the use of poisonous gas and the use of germ warfare but the use of force of any kind contrary to the law of the Charter. And by that commitment the United States intends to abide and has a right to expect other of members to abide. The United States condemns not only the use of germ and gas warfare but the use of force of any kind contrary to the "Let it not be said that there is no way to determine when force is d being used contrary to the law of the Charter. If the Security Council does not act, the sentiments of the civilized world can be recorded in | the General Assembly as the Uniting for Peace resolution provides. 1 "We hope here in this Disarmament Commission to agree upon measures of disarmament to reduce the possibility of aggression and make war inherently, as it is constitutionally under the Charter, impossible as a means of settling disputes between nations. That is Shy throughout our discussions, as representative of the United . armament from the point of view of preventing war and not from the point of view of regulating the armaments to be used in war. “My Government hopes we are going to work out here measures of e it it 0 | le ca e law of the Charter. 2 e e 2 a 2788 AMERICAN FOREIGN POLICY, 1950–1955 ano lite arm Sart mas sous arra Veri "I hope my remarks will not be misunderstood. We are issuing no Chi ultimatums. We are making no threats. We will support effective par proposals to eliminate all weapons adaptable to mass destruction, in- cluding atomic, chemical, and biological weapons from national arma- ments. We believe, as the Soviet delegation maintained in 1932, that paramount importance should be attached, 'not to the prohibition of chemical weapons in war time, but to the prohibition of chemical war- prc fare in peace time' and that 'efforts should be directed not so much to the framing of laws and usages of war as to the prohibition of as many for lethal substances and appliances as possible.' dise “Certainly there is no assurance that aggressors, which break their fool Charter obligations not to go to war, will keep their paper promises dies . not to fight with certain weapons if they have them and need them to WHE achieve their evil designs. insu "The task of the Disarmament Commission is, as the United States points out in its proposals setting forth the Essential Principles of a olog Disarmament Program, to devise measures to insure that ‘armed ilan forces and armaments will be reduced to such a point and in such a The thorough fashion that no state will be in a condition of armed prepared- age ness to start a war' and that 'no state will be in a position to undertake preparations for war without other states having knowledge of such effe preparations long before the offending state could start a war. We do not believe that it is the function of the Disarmament Commission to attempt to codify the laws of war. But obviously if it attempted to W do so it would have to deal with the whole range of weapons and methods of warfare to be prescribed, the machinery necessary to secure the observance of the rules, and the matter of sanctions, reprisals , and retaliation in case of violation." It should be emphasized that it was the Soviet Union which in 1928 proposed an additional protocol which would outlaw the methods and appliances utilized to wage poison-gas and bacteriological warfare and the industrial undertakings engaged in the production of the weapons as well as the use of such weapons. It was the Soviet Union itself but If which observed, in the Disarmament Conferences in 1932, that mere legal prohibitions are "inadequate and of merely secondary impor- tance." The Soviet delegate said, at that time, "Consequently efforts should be directed not so much to the framing of laws and usages of war as to the prohibition of as many lethal substances and appliances it th as possible. This is the point of view which the Soviet Union wil continue to represent.. In the U.S. statement of August 15 we outlined a proposal for the elimination of bacteriological weapons and facilities for their produc- rein tion which could be made effective as part of a comprehensive pro gram, a plan which would not merely prohibit the use of bacteriologica weapons but would provide assurance and safeguards that such weap- ons would not be available for use. On September 4, 1952, the prer ata tion prok of I riolo with bact be e and use trea The A the Dise miti acet faile SUPI 1 See supra, doc. 6. T i 18 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2789 See supra, doc. 10. The "Phantom" Proposals of the Soviet Union reintroduced the proposals which the Soviet delegation presented to Disarmament Commission. These same proposals had been sub- mitted by the Soviet Union to previous assemblies, which refused to accept them, and in the Disarmament Commission the Soviet Union failed to elaborate their proposals or to offer any new arguments in The Soviet proposals may be described as “phantom" or "ghost”. ['nited States presented a summary of these proposals as a working paper to the Commission (DC/20, pp. 191--192). The plan we suggested for the elimination of bacteriological weapons and facilities for their production is inseparably connected with an effective and continuous system of disclosure and verification of all armed forces and armaments such as we have proposed. Such a com- prehensive system of disclosure and verification would lay the neces- sary ground work for the elimination of germ weapons and facilities for their use and production, within the framework of a comprehensive disarmament program. It may be true that there are no theoretically foolproof safeguards which would prevent the concoction of some deadly germs in an apothecary's shop in the dark hours of night. But when the United States proposed the establishment of safeguards to insure the elimination of germ warfare along with the elimination of mass armed forces and all weapons adaptable to mass destruction, we sought what is possible and practical, not the impossible. Bacteri- ological weapons to be effective in modern warfare would require more ilan the dropping at random of a few infected spiders, flies, or fleas. They would require industrial establis! irents, facilities for maintaining agents, transport containers, and disseminating appliances Such arrangements and facilities will not readily escape detection under an effective, comprehensive, and continuous system of disclosure and Ferification which the General Assembly las declared to be a necessary prerequisite of any comprel'ensive disarmanent program. We therefore proposed in our working paper of September 4 that at appropriate stages in an effective system of disclosure and verifica- tion agreed measures should become effective providing for the progressive curtailment of production, the progressive dismantling plants, and the progressive destruction of stockpiles of bacte- nological weapons and related appliances. Under this program, , cooperation in good faith by the principal states concerned, all bacteriological weapons and all facilities connected therewith could be eliminated from national armaments and thus not only their use but their very existence prohibited. If we wish to achieve effective disarmament and to reduce the danger and fear of war we must not be content with paper promises not to use weapons of mass destruction. Such promises would only give to treaty-breaking aggressors their choice of weapons. We must see to it that prohibited weapons are not available for use. At the seventh session of the General Assembly the Polish delegation is 1 .:.:.:. of with **********......* ..""...2: ---**immerdisündinum.............. support of them. 1 --- 1 2790 AMERICAN FOREIGN POLICY, 1950–1955 sent that simy men tion that bruit word SO US T 16 clear and obsc the and T expl that meal to explain what the Soviet proposals for strict international control proposals because like ghosts they constantly appear and reappear, , but one can never catch hold of them. They are shadowy and elusive , and it is impossible to state precisely just what they are or are intended to be. They call upon the Five Great Powers to reduce their armed forces within 1 year by one-third and to submit full data on their armaments. They call for immediate adoption of a decision on the unconditional prohibition of atomic weapons and other weapons of mass destruction and the establishment of strict international control over the observance of that decision by all states, with the right of the international control organ to conduct inspection on a continuing basis but not to interfere in the domestic affairs of states. Now inasmuch as no data whatsoever are forthcoming until these decisions are taken, states cannot determine in advance how the reduc- tions which are supposed to be made will leave them in relation to the armed strength of other states. Nor has the Soviet Union ever sought to explain how the simple one-third reduction would be applied to all the complicated components which make up the armed strength of a nation. On their face, the proposals would perpetuate and not remove any imbalance of power which now exists and no machinery is provided for the implementation of even the vague promises called for in the proposals. Since the proposals call for the prohibition of the atomic weapons and other weapons of mass destruction and only a one-third reduction in conventional armaments, the proposals would in fact enormously increase the relative armed strength of states with large mass armies . . The proposals run counter to the basic principles of a balanced reduc- tion in armaments. Certainly the Soviet Union would object if we reversed their proposals and called upon the Soviet Union and all other states to abolish immediately all armed forces and nonatomic armaments, and to reduce existing stocks of atomic weapons by one- third. While the proposals profess to recognize the necessity of an inter- national control organ having some control over their observance , the Soviet Union has refused not only in the Assembly but in the Dis- armament Commission to discuss any concrete measures of interna- tional control. While insisting that a U.N. control organ must not interfere in domestic affairs, the Soviet Union has refused to explain what it means by interference in domestic affairs. It has branded any effort on our part to work out a system of disclosure and verifica- tion as an intelligence and espionage operation, despite the fact that the General Assembly has declared that such a system is a prerequisite to any program of guaranteed disarmament. It was impossible in the Disarmament Commission to prevail upon the Soviet representative PV. At aske and orga right stage Regg the socie stand ment disci At ques sixth Sovi In subs ques deleg atom "The cussi obsci ques meant. defin A Few instances from the record of the proceedings in the Die armament Commission will serve to illustrate the evasiveness of the Soviet representative in giving any explanation of the "phantom" Soviet proposals. On April 4, the representative of France requested the Soviet repre- tions ANSW Ar DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2791 | definite discussion of the clear-cut U.S.S.R. proposals, artificial ques- tions are being asked . sentative to clarify two points. First, the meaning of the proposal that prohibition and establishment of control should come into effect simultaneously-did it mean that prohibition began the day agree- ments were signed, or when the control organ was actually in a posi- tion to operate? And, second, the precise implications of the proposal that the international control organ undertake "continuous inspection" bet "without interference in the domestic affairs of States”-in other words, what constitutes continuous control, and how is it to be limited so as not to interfere in domestic affairs? The Soviet representative replied that the purpose of the questions “is to obscure these concrete proposals, since they are abundantly clear to any objective person who has long been acquainted with them and since there is nothing obscure about them. They can only be obscure to someone who does not wish to understand them, is opposing the reduction of armaments and the prohibition of atomic weapons, and for this purpose is still, as before, finding various pretexts. The Soviet representative then stated that noninterference was self- explanatory-he termed it"a very clear and precise formulation”—and that simultaneous prohibition and control was also self-explanatory, meaning that the two would be introduced simultaneously (DC/C.1/- PT.1, pp. 4, 5, 24, 25, 26). At the meeting on April 9, the representative of the United Kingdom asked if the "decision to announce the prohibition of atomic weapons and the establishment of controls” meant a broad agreement that an organ would be set up, or that a detailed plan for operations, specifying nights and duties of the organ and of states, will have been at that stage accepted by the governments and written into the decision. Regarding the question of interference in domestic affairs, he cited the uniquely restrictive attitude of the U.S.S.R. toward what free societies consider normal practices and asked for a precise under- standing of the Soviet proviso. He asked for an unequivocal state- ment of the Soviet Union's attitude on this point which we could then discuss dispassionately and objectively, At the same meeting the representative of Canada repeated the questions his delegation had asked the Soviet representative at the sixth General Assembly, in order to secure the clarification of the Soviet proposals which had not been furnished at that time. In answering these questions, the Soviet representative repeated in substance Mr. Vyshinsky's reply at the sixth Assembly to the same questions. He said the questions showed "some conspiracy among delegations not willing to discuss the question of the prohibition of atomic weapons and the question of control.” He went on to say, The raising of these questions was in itself a device to avoid dis- cussion of the substance of the U.S.S.R. proposals ... in order to obscure the issue, they bombarded the Soviet Union delegation with questions. That same device is being repeated now. Instead of a He called it playing at questions and And at the same meeting, we ourselves asked the Soviet representa- answers. 2792 AMERICAN FOREIGN POLICY, 1950–1955 DISSE not our tive to state clearly his conception of international control. We asked if the Soviet control proposal contemplated national or international TH ownership of fissionable material, and national or international owner- ship, operation, and management of facilities producing dangerous prop quantities of fissionable material. Would the international control organ have the right to station inspectors continuously at any par- ticular installation? Could inspectors be sent wherever and whenever De the control organ considered it necessary? Could the control organ Powe "interfere” with the freedom of a state so far as might be necessary TH to insure that there was no possible evasion or violation? In reply, the Soviet representative stated it was necessary to agree whic on principles before replying to our questions. As long as we did not from abandon the U.N. plan, there was no point in discussing a system mitte of inspection on a continuing basis. As he said, “This is the funda- signi mental issue, and until we get beyond it there is no point in dis- W cussing details of the how, why, and wherefore. . . . Until we clear sente up this basic question, until we reach agreement on it, there is no exha point in considering the details." Similarly, he insisted there must be agreement on a "decision" to for d prohibit atomic weapons before “discussing details and particular unde points.” (DC/C.1/PV.2, pp. 2, 3, 4, 5, 6, 7, 30, 31, 35, 36.) and On May 8 the representative of France made one more attempt. As He asked for a yes or no answer to the question of whether by "con- addr tinuing inspection" the Soviet representative actually meant that international inspectors could be stationed day and night in all atomic-energy establishments, at all stages of production, so that we achie are assured that at no stage of production can any quantity of fission- only able material, however small, be diverted for the clandestine manu- will facture of bombs. The Soviet representative replied, “When the United States and France . . . are prepared to withdraw this obsolete, unacceptable TI and worthless proposal,” meaning the U.N. plan, “then I shall be prepared to give a concrete explanation of how we think control and continuing inspection should be carried out. As long as our approach obta to the question remains so utterly different, there is no need for me to give any details" (DC/C.1/PV.4, pp. 28, 33). li At the meeting on May 14, the representative of the United King dom tried again, asking the same questions, hoping, convince the Soviet delegation that its position was genuinely obscure . The Soviet representative replied as before. "The details," he said, "can and should only be discussed when we have reached agreement the on the system to be adopted.” Until such time as the U.N. plan is abandoned, he said, “it is futile to discuss the details of a system of whe control on a permanent basis. It would be so much idle talk. That self. is how the matter stands on this question" (DC/C.1/PV.6, pp. 6, 12) There were other attempts by members of the Commission to elicit some reasoned explanation of the Soviet proposals, They were all met the same way. The vague and unexplained slogans constitute the Soviet proposals must be accepted before could be given. evas men men ence way as he said, to the effo: men the Peo new pas: imp lem stal which details any 1 PD. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2793 d The Soviet proposals remain, as they have always been, "phantom" proposals, elusive shadows without substance. S 1 CONCLUSION r n ja 0 0 T til 1. 1 1- will Despite the lack of progress toward agreement among the Great Powers on disarmament, we must not be discouraged. The United States and other members of the Disarmament Com- mission worked hard to secure a better understanding of the problems which must be met if we are to move toward a disarmed world free i from the danger and fear of war. The constructive proposals sub- mitted to the Disarmament Commission during the past year make a significant contribution to the better understanding of these problems. We do not contend that the constructive proposals thus far pre- 1 sented to the Commission would solve all the problems. They were not intended to be final and definitive in terms or complete and exhaustive in details. They were intended only to provide the basis for discussion and to open up avenues by which we might approach understanding and agreement. To keep the road to understanding and agreement open to new approaches, we sought to avoid freezing ow positions or taking inflexible stands. As the Secretary of State of the United States stated in his opening address in the general debate: 1 disarmament cannot be achieved unilaterally. It cannot be achieved by denunciation in a battle of epithets. It can be achieved only by international agreements under effective safeguards which protect law-abiding states from the hazards of violations and evasions." 1 1 The Disarmament Commission cannot force disarmament agree- ments upon recalcitrant states. It cannot bridge deep and funda- d mental differences by linguistic sleight of hand. Excessive zeal to h obtain agreements which gloss over rather than resolve these differ- ences may even increase the tensions and fears which stand in the way of necessary understanding. In the interest of world peace it is important to continue, through the Disarmament Commission and in every other way open to us, efforts to develop a better understanding of the problems of arma- ments, and the significance of disarmament as a means of reducing the danger and fears of war. There is reason to believe that, with the development of better understanding of these problems, the over- whelming common interest of all peoples in peace and the instinct of self-preservation will induce the statesmen of all nations to save their peoples from the horrors of war in the twentieth century. For as new instruments of warfare may be developed which would far sur- pass previous weapons in terms of sheer destructiveness, it becomes imperative that all nations reexamine their self-interest in these prob- fms . All nations have an equal stake in their solution. For at stake is the survival of our common humanity. Address of Oct. 16, 1952; Department of State Bulletin, Oct. 27, 1952. e e e 1 j pp. 639-645. 2794 AMERICAN FOREIGN POLICY, 1950–1955 When 13. NEW IMPETUS FOR DISARMAMENT: Address by the Presi- dent of the United States, April 16, 1953 (Excerpt) 1 see 001 bre Wher thi tio NO Re State and Unit of an addr Da As progress in all these areas strengthens world trust, we could then proceed concurrently with the next great work—the reduction of the burden of armaments now weighing upon the world. To this end we would welcome and enter into the most solemn agreements. These could properly include: 1. The limitation, by absolute numbers or by an agreed interna- tional ratio, of the sizes of the military and security forces of all nations. 2. A commitment by all nations to set an agreed limit upon that proportion of total production of certain strategic materials to be devoted to military purposes. 3. International control of atomic energy to promote its use for peaceful purposes only and to insure the prohibition of atomic weapons, 4. A limitation or prohibition of other categories of weapons of great destructiveness. 5. The enforcement of all these agreed limitations and prohibitions by adequate safeguards, including a practical system of inspection under the United Nations. The details of such disarmament programs are manifestly critical and complex. Neither the United States nor any other nation can properly claim to possess a perfect, immutable formula. But the formula matters less than the faith-the good faith without which no formula can work justly and effectively. na Pr de pe WE tid in to t ity man R 14. ENDORSEMENT OF THE PRESIDENT'S DISARMAMENT PROPOSALS: Resolution of the United States Senate, July 29, 1953 2 Pres Pres Nat requ 1 Gen Whereas the peoples of the earth are plunged into vast armament expenditures which divert much of their effort into the creation of means of mass destruction; and Whereas the American people and the Congress ardently desire peace and the achievement of a system under which armaments , except for the maintenance of domestic and international order , will become unnecessary while at the same time the national security of our own and other nations will be protected; and Department of State Bulletin, Apr. 27, 1953, pp. 601-602. For the completa text of this address, see supra, pp. 65–71. 7 S. Res. 150, 83d Cong., 1st sess. [Unanimously adopted.] the there wer abic men dur 1 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2795 President of the United States and the Secretary of State, and that the * Transmitted by the U. S. Representative at the U. N. to the Secretary- the Department of State sent the resolution to all U. S. diplomatic posts directing abiding interest of the Congress and the Executive Branch of the U. S. Govern- durable peace. See also Department of State Bulletin, Aug. 31, 1953, pp. 299-300. Whereas it is the policy of the Government of the United States to seek the honorable termination of present armed conflicts, and the correction of oppression and injustice and other conditions which breed war; and Whereas progress in these respects would strengthen world trust so that the nations could proceed with the next great work, the reduc- tion of the burden of armaments now weighing upon the world: Now, therefore, be it Resolved, That it continues to be the declared purpose of the United States to seek by all peaceful means the conditions for durable peace and concurrently with progress in this respect to seek, within the United Nations, agreements by all nations for enforceable limitation of armament in accordance with the principles set out in the President's address of April 16, 1953, namely-- (1) the limitation, by absolute numbers or by an agreed inter- national ratio, of the sizes of the military and security forces of all nations; (2) a commitment by all nations to set an agreed limit upon that proportion of total production of certain strategic materials to be devoted to military purposes; (3) international control of atomic energy to promote its use for peaceful purposes only and to insure the prohibition of atomic weapons; (4) a limitation or prohibition of other categories of weapons of great destructiveness; and (5) the enforcement of all these agreed limitations and prohibi- tions by adequate safeguards, including a practical system of inspection under the United Nations; to the end that a greater proportion of the world's productive capac- ity may be used for peaceful purposes and for the well-being of mankind; and be it further Resolved, That copies of this resolution be transmitted to the President make known the sense of this resolution to the United Nations and to the heads of state of the nations of the world with the request that their people be informed of its contents. 1 Supra. here, accredited, and to explain that the resolution was demonstrative of the 2796 AMERICAN FOREIGN POLICY, 1950-1955 15. THIRD REPORT OF THE UNITED NATIONS DISARMA. MENT COMMISSION, AUGUST 20, 1953 1 gran prog B. in th R arm cecu 1. By General Assembly resolution 704 (VII), the Disar mament Commission was requested to report to the General Assembly and Security Council not later than 1 September 1953. 2. The Disarmament Commission has held no meetings since the adoption of the General Assembly resolution mentioned in the pre- ceding paragraph, except for a meeting on 20 August 1953 3. It is hoped that recent international events will create a more propitious atmosphere for the reconsideration of the disarmament question, whose capital importance in conjunction with other queg- tions affecting the maintenance of peace is recognized by all. The Disarmament Commission therefore expects to continue its work and suggests that it present a report to the ninth session of the General Assembly and to the Security Council. Uni graf @ buro nom H of 2 Teso E will lisa wit! by & 16. REGULATION, LIMITATION, AND BALANCED REDUCTION OF ALL ARMED FORCES AND ALL ARMAMENTS: Resolution 715 (VIII) of the United Nations General Assembly, November 28, 1953 3 The General Assembly, Reaffirming the responsibility of the United Nations for consider- ing the problem of disarmament and affirming the need for providing for: (a) The regulation, limitation and balanced reduction of all armed forces and all armaments, (b) The elimination and prohibition of atomic, hydrogen and other types of weapons of mass destruction, (c) The effective international control of atomic energy to ensure the prohibition of atomic weapons and the use of atomic energy for peaceful purposes only, the whole programme to be carried out under effective international control and in such a way that no State would have cause to fear that its security was endangered, Believing that the continued development of weapons of mass de struction such as atomic and hydrogen bombs has given additional urgency to efforts to bring about effectively controlled disarmament throughout the world, as the existence of civilization itself may be at stake, Mindful that progress in the settlement of existing international disputes and the resulting re-establishment of confidence are vital tº the attainment of peace and disarmament and that efforts to reach agreement on a comprehensive and co-ordinated disarmament pro- 1 U.N. doc. DC/32. . 3 U.N. General Assembly Oficial Records, Eighth Session, Supplement No. 1? (A/2630), pp. 3–4. 1. agre plar redu and othe oft 2. trar wit! Crin 3. 4 mer side sem Sec 5 to i tas! to i 6 ity 1 3 Gen the Rece 4 infr DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2797 by all , General Assembly, see the Annual Report of the Secretary-General on the Work of Records, Ninth Session, Supplement No. 1 (A/2663)), pp. 1-4 and 5–7. gramme with adequate safeguards should be made concurrently with progress in the settlement of international disputes, Believing that progress in either field would contribute to progress in the other, Realizing that competition in the development of armaments and armed forces beyond what is necessary for the individual or collective security of Member States in accordance with the Charter of the United Nations is not only economically unsound but is in itself a grave danger to peace, Conscious of the continuing desire of all nations, by lightening the hurden of armaments, to release more of the world's human and eco- nomic resources for peace, Having received the third report of the Disarmament Commission of 20 August 1953,' submitted in accordance with General Assembly resolution 704 (VII) of 8 April 1953,2 Endorsing the Commission's hope that recent international events will create a more propitious atmosphere for reconsideration of the disarmament question, the capital importance of which, in conjunction with other questions affecting the maintenance of peace, is recognized 1. Recognizes the general wish and affirms its earnest desire to reach agreement as early as possible on a comprehensive and coordinated plan, under international control, for the regulation, limitation and reduction of all armed forces and all armaments, for the elimination and prohibition of atomic, hydrogen, bacterial, chemical and all such other weapons of war and mass destruction, and for the attainment of these ends through effective measures; 2. Recognizes that, whatever the weapons used, aggression is con- trary to the conscience and honour of the peoples and incompatible with membership in the United Nations and is the gravest of all crimes against peace and security throughout the world; 3. Takes note of the third report of the Disarmament Commission; 4. Requests the Commission to continue its efforts to reach agree- ment on the problems with which it is concerned, taking into con- sideration proposals made at the eighth session of the General As- sembly, and to report again to the General Assembly and to the Security Council not later than 1 September 1954; 5. Calls on all Member States, and particularly the major Powers, to intensify their efforts to assist the Disarmament Commission in its tasks and to submit to the Commission any proposals which they have to make in the field of disarmament; 6. Suggests that the Disarmament Commission study the desirabil- ity of establishing a sub-committee consisting of representatives of *For a summary of the discussion of disarmament in the Eighth Session of the 4 Supra. ................--.-. Supra, doc. 11. infra, doc, 23. 2798 AMERICAN FOREIGN POLICY, 1950–1955 to thi being Clei 10 YOL the Powers principally involved, which should seek in private an ac- ceptable solution and report to the Disarmament Commission as soon as possible, in order that the Commission may study and report on such a solution to the General Assembly and to the Security Council not later than 1 September 1954; 7. Further suggests to the Disarmament Commission, in order to facilitate the progress of its work, to arrange for the sub-committee , when established, to hold its private meetings as appropriate in the different countries most concerned with the problem, issure invoke dignit Nei recite , ADA appro Assem One W Sion, The citizer parati It! some D. ATOMS FOR PEACE, 1953 legisla. month Ameri Ik 17. ATOMS FOR PEACE: Address by the President of the United dange: States Before the United Nations General Assembly, Decem- that if ber 8, 1953 1 by all Fin MADAME PRESIDENT, MEMBERS OF THE GENERAL ASSEMBLY: even b When Secretary General Hammarskjold's invitation to address this General Assembly reached me in Bermuda, I was just beginning & series of conferences with the Prime Ministers and Foreign Ministers I fe of Great Britain and of France. Our subject was some of the prob- lems that beset our world. 2 During the remainder of the Bermuda Conference, I had constantly The in mind that ahead of me lay a great honor. That honor is mine today as I stand here, privileged to address the General Assembly of the United Nations. At the same time that I appreciate the distinction of addressing signifi . you, I have a sense of exhilaration as I look upon this Assembly. Never before in history has so much hope for so many people been gathered together in a single organization. Your deliberations and decisions during these somber years have already realized part of those hopes. But the great tests and the great accomplishments still lie ahead. j subjec And in the confident expectation of those accomplishments, I would use the office which, for the time being, I hold, to assure you that the Government of the United States will remain steadfast in its support On of this body. This we shall do in the conviction that you will provide explog a great share of the wisdom, the courage, and the faith which can bring 1 Atomic Power for Peace (Department of State publication 5314; 1953). For a detailed chronicle of developments under the President's proposed program, see Atoms for Peace Manual: A Compilation of Oficial Materials on International Doc. No. 55, 84th Cong., 1st sess.). See also Commonwealth of Australia, Depart- ment of External Affairs , Select Documents on International Affairs: Peaceful Uses of Atomic Energy (Canberra, 1955). 2 See the communiqué of Dec. 7, 1953; supra, pp. 1468–1470. to cor the si My Unite I kno THE Sing 12 tes Ato weapo are in Tod wurse DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2799 course, increases daily, exceeds by many times the explosive equivalent --- American people. 1 weapons with which the atomic age dawned, while hydrogen weapons Today, the United States stockpile of atomic weapons, which, of to this world lasting peace for all nations, and happiness and well- being for all men. Clearly, it would not be fitting for me to take this occasion to present to you a unilateral American report on Bermuda. Nevertheless, I assure you that in our deliberations on that lovely island we sought to invoke those same great concepts of universal peace and human dignity which are so cleanly etched in your Charter. Neither would it be a measure of this great opportunity merely to recite, however hopefully, pious platitudes. A DANGER SHARED BY ALL I therefore decided that this occasion warranted my saying to you some of the things that have been on the minds and hearts of my legislative and executive associates and on mine for a great many months—thoughts I had originally planned to say primarily to the I know that the American people share my deep belief that if a danger exists in the world, it is a danger shared by all--and equally that if hope exists in the mind of one nation, that hope should be shared by all . Finally, if there is to be advanced any proposal designed to ease even by the smallest measure the tensions of today's world, what more appropriate audience could there be than the members of the General assembly of the United Nations? I feel impelled to speak today in a language that in a sense is new me which Ì, who have spent so much of my life in the military profes- sion, would have preferred never to use. That new language is the language of atomic warfare. The atomic age has moved forward at such a pace that every etizen of the world should have some comprehension, at least in com- parative terms, of the extent of this development, of the utmost significance to every one of us. Clearly, if the peoples of the world are to conduct an intelligent search for peace, they must be armed with the significant facts of today's existence. My recital of atomic danger and power is necessarily stated in United States terms, for these are the only incontrovertible facts that I know. I need hardly point out to this Assembly, however, that this subject is global, not merely national in character. On July 16, 1945, the United States set off the world's first atomic Since that date in 1945, the United States of America has conducted Atomic bombs today are more than 25 times as powerful as the be in the ranges of millions of tons of TNT equivalent. The FEARFUL POTENTIALS explosion 42 test explosions. 2800 AMERICAN FOREIGN POLICY, 1950–1955 他​他​加​血 ​ind ace hil in str qu The awful arithmetic of the atomic bomb of the total of all bombs and all shells that came from every plane and every gun in every theatre of war in all of the years of World War II. A single air group, whether afloat or land-based, can now deliver to any reachable target a destructive cargo exceeding in power all the bombs that fell on Britain in all of World War II. th In size and variety, the development of atomic weapons has been no less remarkable. The development has been such that atomic weapons th: have virtually achieved conventional status within our armed services . In the United States, the Army, the Navy, the Air Force, and the Marine Corps are all capable of putting this weapon to military use. But the dread secret, and the fearful engines of atomic might, are not ours alone. In the first place, the secret is possessed by our friends and allies , Great Britain and Canada, whose scientific genius made a tremendous contribution to our original discoveries, and the designs of atomic bombs. The secret is also known by the Soviet Union. The Soviet Union has informed us that, over recent years, it has devoted extensive resources to atomic weapons. During this period, the Soviet Union has exploded a series of atomic devices, including at U. least one involving thermo-nuclear reactions. be No MONOPOLY OF ATOMIC POWER If at one time the United States possessed what might have been of called a monopoly of atomic power, that monopoly ceased to exis several years ago. Therefore, although our earlier start has permitted Non us to accumulate what is today a great quantitative advantage, the atomic realities of today comprehend two facts of even greater of significance. the First, the knowledge now possessed by several nations will even- tually be shared by others-possibly all others. 1 Second, even a vast superiority in numbers of weapons, and a con: ] sequent capability of devastating retaliation, is no preventive, of itself be against the fearful material damage and toll of human lives that would ] be inflicted by surprise aggression. bel The free world, at least dimly aware of these facts, has natural dir embarked on a large program of warning and defense systems. That ] program will be accelerated and expanded. But let no one think that the expenditure of vast sums for weapons and systems of defense can guarantee absolute safety for the cities does not permit of any such easy solution. Even against the most powerful defense, an aggressor in possession of the effective minimum number of atomic bombs for a surprise attack could probably places sufficient number of his bombs on the chosen targets to cause bideos damage Should such an atomic attack be launched against the United States, our reactions would be swift and resolute. But for me to that the defense capabilities of the United States are such that they 1 am der ton ste i OVE say Bri of to to DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2801 Il no DONS 7 ices. the . are mic 8 at Britain, and France to negotiate with the Soviet Union the problems and would inflict terrible losses upon an aggressor—for me to say that the rII. retaliation capabilities of the United States are so great that such ir to an aggressor's land would be laid waste all this, while fact, is not the the true expression of the purpose and the hope of the United States. To pause there would be to confirm the hopeless finality of a belief that two atomic colossi are doomed malevolently to eye each other indefinitely across a trembling world. To stop there would be to accept helplessly the probability of civilization destroyed—the anni- hilation of the irreplaceable heritage of mankind handed down to us generation from generation--and the condemnation of mankind to be- gin all over again the age-old struggle upward from savagery toward lies, decency, and right, and justice. dous Surely no sane member of the human race could discover victory in such desolation. Could anyone wish his name to be coupled by history with such human degradation and destruction. Occasional pages of history do record the faces of the “Great De- has strogers" but the whole book of history reveals mankind's never-ending iod . quest for peace, and mankind's God-given capacity to build. It is with the book of history, and not with isolated pages, that the United States will ever wish to be identified. My country wants to be constructive, not destructive. It wants agreements, not wars, anong nations. It wants itself to live in freedom, and in the confi- dence that the people of every other nation enjoy equally the right been of choosing their own way of life. tted | No IDLE WORDS OR SHALLOW VISIONS So my country's purpose is to help us move out of the dark chamber of horrors into the light, to find a way by which the minds of men, the hopes of men, the souls of men everywhere, can move forward peace and happiness and well being. In this quest, I know that we must not lack patience. I know that in a world divided, such as ours today, salvation cannot be attained by one dramatic act. I know that many steps will have to be taken over many months before the world can look at itself one day and truly realize that a new climate of mutually peaceful confidence is abroad in the world. But I know, above all else, that we must start to take these steps- NOW The United States and its allies, Great Britain and France, have over the past months tried to take some of these steps. Let no one say that we shun the conference table. On the record has long stood the request of the United States, Great exist the eater Ten- toward CON- cself ould rally Chat pons cities omb nost mum ces of a divided Germany COUS nited On that record has long stood the request of the same three nations to negotiate an Austrian State Treaty. on the same record still stands the request of the United Nations to negotiate the problems of Korea. Most recently, we have received from the Soviet Union what is in S&T ther 415900-57-Vol. 273 asenta il the shadow limina but through free grant or peaceful negotiation. There is a record, Propos But I do not wish to rest either upon the reiteration of past pro- | The 1 sembly suggested-and I quote-"that the Disarmament Commission 2802 AMERICAN FOREIGN POLICY, 1950–1955 effect an expression of willingness to hold a Four Power Meeting! Along with our allies, Great Britain and France, we were pleased to sudy t see that this note did not contain the unacceptable pre-conditions burate previously put forward. he Ge As you already know from our joint Bermuda communiqué, the Septem United States, Great Britain, and France have agreed promptly to The meet with the Soviet Union. The Government of the United States approaches this conference uch o with hopeful sincerity. We will bend every effort of our minds to the icepta single purpose of emerging from that conference with tangible results toward peace-the only true way of lessening international tension, We We never have, we never will, propose or suggest that the Soviet eption Union surrender what is rightfully theirs. The We will never say that the peoples of Russia are an enemy with whom we have no desire ever to deal or mingle in friendly and fruitful It is relationship. On the contrary, we hope that this Conference may initiate a relationship with the Soviet Union which will eventually bring about a free intermingling of the peoples of the East and of the West—the one sure, human way of developing the understanding required for confident and peaceful relations. Instead of the discontent which is now settling upon Eastern Ger- many, occupied Austria, and the countries of Eastern Europe, we seek a harmonious family of free European nations, with none a threat sentis to the other, and least of all a threat to the peoples of Russia. Beyond the turmoil and strife and misery of Asia, we seek peaceful opportunity for these peoples to develop their natural resources and to elevate their lives. These are not idle words or shallow visions. Behind them lies & story of nations lately come to independence, not as a result of war , already written, of assistance gladly given by nations of the West to needy peoples, and to those suffering the temporary effects of famine , drought, and natural disaster. These are deeds of peace. They speak more loudly than promises sement or protestations of peaceful intent. FOR THE BENEFIT OF MANKIND posals or the restatement of past deeds. The gravity of the time is such that every new avenue of peace, no matter how dimly discernible , should be explored. There is at least one new avenue of peace which has not yet been well explored-an avenue now laid out by the General Assembly of the United Nations, In its resolution of November 18th [28th], 1953, this General As It must military The buildup develop The i no dr DOW with wh mpidly To h from the there al | I the The tributio The 900d fa lith w associat Undo mall in it can 1 1 See the Soviet note of Nov. 26, 1953; Department of State Bulletin, Dec. 24, 1953, pp. 852-854. 2 Communiqué of Dec. 7, 1953; supra, pp. 1468-1470. 1 Supr DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2803 I dumentary prudence, to begin now and continue to make joint con- werly be within the scope of the "private conversations" I have a good faith. Any partner of the United States acting in the same good Undoubtedly initial and early contributions to this plan would be It can be undertaken without the irritations and mutual suspicions tudy the desirability of establishing a sub-committee consisting of rep- esentatives of the Powers principally involved, which should seek in rivate an acceptable solution and report on such a solution to he General Assembly and to the Security Council not later than 1 xptember 1954."1 The United States, heeding the suggestion of the General Assembly I the United Nations, is instantly prepared to meet privately with uch other countries as may be "principally involved”, to seek "an seceptable solution” to the atomic armaments race which over- kadows not only the peace, but the very life, of the world. We shall carry into these private or diplomatic talks a new con- eption. The United States would seek more than the mere reduction or imination of atomic materials for military purposes. It is not enough to take this weapon out of the hands of the soldiers. I must be put into the bands of those who will know how to strip its military casing and adapt it to the arts of peace. The United States knows that if the fearful trend of atomic military buildup can be reversed, this greatest of destructive forces can be developed into a great boon, for the benefit of all mankind. The United States knows that peaceful power from atomic energy sno dream of the future. That capability, already proved, is here- re-today. Who can doubt, if the entire body of the world's sientists and engineers had adequate amounts of fissionable material 1 with which to test and develop their ideas, that this capability would moidly be transformed into universal, efficient, and economic usage. To hasten the day when fear of the atom will begin to disappear wom the minds of people, and the governments of the East and West, here are certain steps that can be taken now. PROPOSAL FOR JOINT ATOMIC CONTRIBUTIONS I therefore make the following proposals: The Governments principally involved, to the extent permitted by materials to an International Atomic Energy Agency. We would pect that such an agency would be set up under the aegis of the The ratios of contributions, the procedures and other details would The United States is prepared to undertake these explorations in sith not However, the proposal has the great virtue that li 1 } 0 United Nations. S referred to earlier. 0 sayciate. 1 mall in quantity. Supra. 2804 AMERICAN FOREIGN POLICY, 1950–1955 help solve the fearful atomic dilemma-to devote its entire heart and 1MY be one. before you and therefore before the world-its determination bid., To the making of these fateful decisions, the United States pledeal other incident to any attempt to set up a completely acceptable system of mind world-wide inspection and control. shall The Atomic Energy Agency could be made responsible for the im- 1 & pounding, storage, and protection of the contributed fissionable and other materials. The ingenuity of our scientists will provide special safe conditions under which such a bank of fissionable material can be DISLY made essentially immune to surprise seizure. The more important responsibility of this Atomic Energy Agency would be to devise methods whereby this fissionable material would be allocated to serve the peaceful pursuits of mankind. Experts would be IEM mobilized to apply atomic energy to the needs of agriculture, medicine A and other peaceful activities. A special purpose would be to provide abundant electrical energy in the power-starved areas of the world . AT Thus the contributing powers would be dedicating some of their strength to serve the needs rather than the fears of mankind. The United States would be more than willing-it would be proud 18. PI to take up with others "principally involved” the development of Me plans whereby such peaceful use of atomic energy would be expedited . dor Of those "principally involved" the Soviet Union must, of course, OUT OF FEAR AND INTO PEACE The I tire vi I would be prepared to submit to the Congress of the United States, and with every expectation of approval, any such plan that would : First-encourage world-wide investigation into the most effective like peacetime uses of fissionable material, and with the certainty that they had all the material needed for the conduct of all experiments that were appropriate; Second-begin to diminish the potential destructive power world's atomic stockpiles; Third-allow all peoples of all nations to see that, in this enlightened bevil age, the great powers of the earth, both of the East and of the West, tives are interested in human aspirations first, rather than in building up A. the armaments of war; Fourthopen up a new channel for peaceful discussion, and initiates at least a new approach to the many difficult problems that must be solved in both private and public conversations, if the world is to shake off the inertia imposed by fear, and is to make positive progresi Against the dark background of the atomic bomb, the United States does not wish merely to present strength, but also the destra and the hope for peace. A Assembly; in the capitals and military headquarters of the work The coming months will be fraught with fateful decisions. In the in the hearts of men everywhere, be they governors or governed , mis they be the decisions which will lead this world out of fear and into peace. 1. The Th of the aegis to re B. toward peace. I. Thu Depe de DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2805 ledge other documents exchanged between the United States and the Soviet Union, Department of State Bulletin, Oct. 4, 1954, pp. 480-482. ibid., pp. 478-489. 1 of mind to find the way by which the miraculous inventiveness of man shall not be dedicated to his death, but consecrated to his life. im- I again thank the delegates for the great honor they have done me, and inviting me to appear before them, and in listening to me so courte- cial mily . Thank you. n be ency d be d be L. NEGOTIATIONS FOR THE ESTABLISHMENT OF cine, A UNITED NATIONS DISARMAMENT AND vide orld. ATOMIC DEVELOPMENT AUTHORITY, 1954 their 1 roud A PROPOSED INTERNATIONAL ATOMIC ENERGY AGENCY: at of Memorandum From the Secretary of State to the Soviet Ambassa- ited dor at Washington, March 19, 1954 urse, OUTLINE OF AN INTERNATIONAL ATOMIC ENERGY AGENCY The United States Government wishes to submit additional tenta- cates tre views amplifying the proposals for an International Atomic Bergy Agency as presented by the President of the United States ective w the United Nations General Assembly on December 8, 1953: 2 that 1 The Objectives of the U.S. Proposals The U.S. proposes that there should be established under the of the regis of the United Nations an International Atomic Energy Agency to receive supplies of nuclear materials from those member nations tened beving stocks of such materials to be used for the following objec- West, tives: ould: zients ig up itiate ist be is to Ogress nited desire A. to encourage world-wide research and development of peaceful uses of atomic energy by assuring that engineers and scientists of the world have sufficient materials to conduct such activi- ties and by fostering the interchange of information. B to furnish nuclear materials to meet the needs of agriculture, medicine, and other peaceful activities including the eventual production of power. 1. The International Atomic Energy Agency A. The Agency would be created by and derive its authority under the terms of a treaty among the participating nations. To the greatest extent practicable, the treaty should define n this world map } d into For the texts ion to rt and 'Supra. 2806 AMERICAN FOREIGN POLICY, 1950–1955 G. Relationship to the United Nations and Other International Bodies—The Agency should submit reports to the UA) Security Council and General Assembly when requested by either of these organs. The Agency should also consult and cooperate with other UN bodies whose work may be related 1. Plant, equipment, and facilities for the receipt, storage, standards and principles which would govern the Agency in the discharge of its functions. B. Membership--all signatory states would be members of the Agency C. Governing Body 1. The highest executive authority in the Agency should be exercised by a Board of Governors, of limited membership representing governments. In determining the com- position of the Board of Governors, it might be desirable II. to take account of geographic distribution and member ship by prospective beneficiaries. It is expected that the principal contributors would be on the Board of Governors. 2. It is suggested that decisions of the Board of Governors generally should be taken by some form of majority vote. Arrangements could be worked out to give the principal contributing countries special voting privileges on certain matters, such as allocations of fissionable material. D. Staff-The Staff of the Agency should be headed by an administrative head or general manager, appointed for fixed term by the Board of Governors and subject to its control, and, of course, include highly qualified scientific and technical personnel. Under the general supervision of the Board, the administrative head should be responsible for the appointment, organization and functioning of the Staff . E. Financing 1. Funds for the central facilities and fixed plant of the Agency and its research projects should be provided through appropriation by the participating states in a cordance with a scale of contributions to be agreed upon, It is suggested that it might be possible to utilize the genera principles governing the scale of contributions by individuel members to the UN. 2. Funds for specific projects submitted by member nations to utilize the materials or services of the Agency should be provided by the recipient country concerned through specific arrangements in each case. F. The administrative headquarters of the Agency could be located at a place mutually agreed upon. to that of the Agency. H. The facilities of the Agency would include: and issuance of nuclear materials. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2807 cy in f the " ld be rship com. rable nber- t the nors. IRON vote. ncipal ertain J 81 for å Eo. its C and of the or the 2. Physical safeguards. 3. Control laboratories for analysis and verification of receipts and inventory control of nuclear materials. 4. Necessary housing for administrative and other activities of the Agency not included in the preceding categories. 5. Those facilities, as might in time be necessary, for such purposes as education and training, research and develop- ment, fuel fabrication and chemical processing. III . Functions of the Agency A. Receipt and Storage of Materials 1. All member nations possessing stocks of normal and en- riched uranium, thorium metal, U-233, U-235, U-238, plutonium and alloys of the foregoing would be expected to make contributions of such material to the Agency. 2. The United States would be prepared to make as a dona- tion, a substantial initial contribution of nuclear materials towards the needs of the Agency. The USSR would make an equivalent donation towards these needs. 3. The Agency would specify the place, method of delivery, and, when appropriate, the form and composition of ma- terials it will receive. The Agency would also verify stated quantities of materials received and would report to the members these amounts. The Agency would be responsible for storing and protecting materials in a way to minimize the likelihood of surprise seizure. B. Allocation of Materials by the Agency 1. The Agency would review proposals submitted by participat- ing members desiring to receive allocations of Agency stocks in the light of uniform and equitable criteria, including: a. The use to which material would be put, including scientific and technical feasibility. b. The adequacy of plans, funds, technical personnel, etc., to assure effective use of the material. C. Adequacy of proposed health and safety measures for handling and storing materials and for operating facilities. d. Equitable distribution of available materials. 2. Title to nuclear materials would initially remain with the Agency, which would determine fair payment to be made for use of materials. 3. In order to insure that adequate health and safety standards were being followed, and in order to assure that allocated fissionable material is being used for the purposes for which it was allocated, the Agency would have the continuing authority to prescribe certain design and operating condi- tions, health and safety regulations, require accountability and operating records, specify disposition of byproduct f the vided 1 8C иров, . nera) ridus! ations ild be rough uld be tional UN ed by t and elated Frage 2808 AMERICAN FOREIGN POLICY, 1950–1955 .... OD fissionable materials and wastes, retain the right of monitor- 19. ing and require progress reports. The Agency would also have authority to verify status of allocated material inven- tories and to verify compliance with the terms of issuance. 4. Information about all transactions entered into by the Agency would be available to all members. tior C. Information and Service Activities of the Agency 1. All member nations possessing information relevant to the 1.. activities of the Agency would be expected to make contribu- este tions from that information to the Agency. Fra 2. In addition to data developed as a result of its own activi- of ties, the Agency would have available: Am a. Data developed by participating countries as a result of 2. the utilization of the materials, information, services, and other assistance of the Agency. 3. b. Data already publicly available in some of the countries . the c. Data developed and previously held by principals or 15, other members and voluntarily contributed to the Agency 20. 3. The Agency would encourage the exchange of scientific and technical information among nations, and be responsible S for making wide dissemination of the data in its possession. 4. The Agency would serve as an intermediary securing the performance of services by one participating country for another. Among the specific activities the Agency might provide would be the following: a. Training and education. b. Services concerned with developing codes for public wo the health and safety in connection with the utilization of fissionable materials. c. Consultative technical services in connection with the establishment and carrying on of programs. d. Processing of nuclear materials (i. e., Chemical separation for and purification, fabrication of fuel elements, etc.). e. Supply of special materials, such as heavy water. f. Design and supply of specialized equipment. g. Special laboratory services such as conduct of experia wb ments and tests. h. Aid in making financial arrangements for the support of appropriate projects. . C 1 27 sub Th W8 ME pre lim ate PO na len 1 2 3 5 6 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2809 en- 3 'les. or 1 U.N. doc. DC/49, Apr. 19, 1954. Department of State Bulletin, Oct. 4, 1954, pp. 484-485. 19. ESTABLISHMENT OF THE UNITED NATIONS DISARMA- tor- MENT COMMISSION SUBCOMMITTEE: Resolution of the also United Nations Disarmament Commission, April 19, 1954 1 e. the The Disarmament Commission, Noting General Assembly resolution 715 (VIII) ? and the resolu- tion on disarmament agreed by the Four Foreign Ministers at Berlin on 18 February 1954, the 1. Decides, pursuant to General Assembly resolution 715 (VIII), to bu- establish a Sub-Committee consisting of representatives of Canada, France, the Union of Soviet Socialist Republics, the United Kingdom ivi- of Great Britain and Northern Ireland and the United States of America; t of 2. Recommends that the Sub-Committee should hold its first meeting ces, on 23 April, and should arrange its own meetings and method of work; 3. Recommends that the Sub-Committee should present a report on the results of its work to the Disarmament Commission not later than 15 July. the 2. PURPOSE OF THE INTERNATIONAL ATOMIC ENERGY tific AGENCY: Note Submitted by the Secretary of State to the ible Soviet Minister for Foreign Affairs at the Geneva Conference the on Korea and Indochina, May 1, 1954 * for ght 1. I have now read the aide-memoire of the Soviet Union of April 278 re the proposal for "an international atomic energy agency" submitted to the Soviet Ambassador in Washington on March 19.8 This aide-memoire criticizes the proposal on the grounds that it blic would not substantially reduce atomic material stockpiles, or control of the making or use of atomic weapons or remove the threat of atomic the 2. These criticisms misconstrue the purpose of the US proposal of March 19. By its terms this proposal was not intended as a measure Gion for the control of atomic weapons or for solving itself the various other problems mentioned in the Soviet note. Its purpose was the more limited one of initiating international cooperation in the field of atomic energy on a basis which would avoid many of the obstacles eri- which have heretofore blocked any agreement. In this way the pro- posal could contribute to improving relations among the cooperating pations and thereby to facilitating solution of the more difficult prob- lem of effective control of atomic energy for military purposes. 3. Accordingly, the US cannot concur in the view of the Soviet See communiqué of Feb. 18, 1954; supra, pp. 2372–2373. ion. war. port 2 Supra, doc. 16. 3 4 • Ibid., pp. 482-484. * Supra, doc. 18. 2810 AMERICAN FOREIGN POLICY, 1950–1955 Union that creation of an international agency to foster the use of atomic materials for peaceful purposes would not be useful in itself. tion , On the contrary, it believes that such an agency could have valuable patie results both in encouraging closer cooperation among the participating end nations and in expediting more extensive use of atomic energy for to po disar purposes beneficial to mankind. The US therefore regrets that the Soviet Union is not willing to explore this matter further at this time. 4. In view of the lack of interest now of the Soviet Union in pursuing this proposal, the US will feel free to examine the creation of such an 3. agency with other nations which might be interested. If the Soviet Disa Union should later decide that it wishes to take part in any such dis- to as cussions, the US will, of course, welcome its participation. 4. 5. The US proposal of March 19 was, of course, not intended as a substitute for an effective system of control of atomic energy for military purposes. The US will continue, as heretofore, to seek means and of achieving such control under reliable and adequate safeguards. artic It is prepared to continue exchanges of views with the Soviet Union 5. for that purpose, and will shortly submit to the Soviet Union com- ments' on its proposal referred to in its aide-memoire of April 27. Carme men resp 6. Dise 21. PROPOSED UNITED NATIONS DISARMAMENT AND ATOMIC DEVELOPMENT AUTHORITY: Working Paper Sub- mitted by the United States Delegation to the United Nations inty Disarmament Commission Subcommittee, May 25, 19542 prop 3 tion 7. mat cha prog bav of a cong Dir 8 con INTRODUCTION 1. The General Assembly resolution 502 (VI) of 11 January 1952 directs the Disarmament Commission to formulate plans for the estab- lishment within the framework of the Security Council of an inter- national control organ (or organs) to ensure the implementation of the treaty (or treaties). Such major aspects of the disarmament pro- grammes as disclosure and verification, limitation and balanced reduc- tion of armed forces and armaments, and the control of atomic energy cannot be implemented until an international control organization with appropriate rights, powers and functions has been established. 2. The broad objectives in establishing control organs are: (i) to provide international control of atomic energy so as to enforce observ- ance of prohibition and elimination of atomic and hydrogen weapons and to ensure use of nuclear materials for peaceful purposes, (ii ) to supervise programmes for limitation and balanced reduction of armed forces and armaments, and prohibition and elimination of major mass destruction weapons; (iii) to supervise the various safeguards necessary for enforcement of the programme, including disclosure and verifica- 2 U.N. Disarmament Commission, oficial Records, Supplement for April, May , infra, and June 1954, pp. 9–14; see also Department of State Bulletin, Aug. 2, 1954, PP. 3 See supra, doc. 4. terr 9 Aut the of Div Auf but Dis 1 bis 177 ff. par DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2811 partments of the Disarmament Division. ne. an S & ins article 42.) im- Authority, he should be allowed sufficient discretion in carrying out Division. The Director-General would be required to refer to the but not routine day-to-day decisions concerning the operations of the Authority charges of violations and other important developments bis duties by assistant directors-general in charge of the principal de- of tion, and (iv) to help develop an open world by assuring each partici- elf. peting State that other States are observing the various agreements ble and by providing knowledge upon which States can take rapid action ing to provide for their security in the event of serious violations of the for disarmament agreement. the UNITED STATES SUGGESTIONS ing 3. The United States suggests the establishment of a United Nations iet Disarmament and Atomic Development Authority (hereafter referred lis- to as the Authority). 4. Under the Authority there would be a Disarmament Division to carry out the responsibilities of the Authority with respect to the for safeguards to ensure enforcement of the programme and the reduction and limitation of all armed forces and non-atomic armaments. (See ds. ion 5. Also under the Authority there would be an Atomic Develop- ment Division to carry out the responsibilities of the Authority with respect to the international development and control of atomic energy. I. ORGANIZATION AND COMPOSITION ND 6. The Authority should be composed in the same manner as the ib- Disarmament Commission. While it is necessary to keep the Author- ity to a reasonably small size for the sake of over-all efficiency, it may prove desirable also to include as members a limited number of addi- tional States. 7. Any State not a member of the Authority would have an auto- matic right to participate, without vote, in Authority discussions of 23 charges of violations by that State of provisions of the disarmament programme treaty. Any State not a member of the Authority would have the right to participate, without vote, in Authority discussions che of any question brought before the Authority whenever the latter considers that the interests of that State are specially affected. A. Disarmament Division 8. The Disarmament Division would be under the supervision and to control of a Director-General, who might be appointed for a fixed 9. While the Director-General would be subject to control by the o the Authority to ensure effective operation of the Disarmament ay 10. The Director-General would be assisted in the performance of ins ab- er- ro- gy Director-General OD ry- term, by the Authority. ons to ass TY ea- Disarmament Division. P. 2812 AMERICAN FOREIGN POLICY, 1950–1955 carri WOU Ator strud Secretariat out 11. The Secretariat of the Disarmament Division would be organions ized into departments, each charged with responsibility for administer Deve ing a principal function of the Division. The Secretariat would also furnish the personnel to perform the necessary staff functions for the staff Authority. 24 12. The Secretariat would furnish the staffs of the inspection groups in each country. Whic 13. The Secretariat should be staffed with international civil serv- Divi ants appointed by the Director-General. The principles governing requ appointment and the international obligation of the persons appointed tions should be similar to those contained in the United Nations Charter. 25 boar Corps of Inspectors 14. The Disarmament Division would include among its personnel , but separate from the Secretariat, a corps of inspectors. The corps would be composed of persons technically qualified for various types 26 of inspections and nominated by the States that are signatories of the and disarmament programme treaty. of ti 15. Individuals would be selected by the Director-General from the corps of inspectors to form the necessary inspection groups, both and resident and transient. The inspection groups would be responsible to the Director-General in their work, and would be given authority to the take specified emergency action upon discovery of violations or infrac- natid tions of the treaty, such action to be subject to review by the Authority. oper 16. Each inspection group would include a national of each of the its d permanent members of the Authority except where the member itself is being inspected, plus nationals of other signatory States. In gen- eral the latter would be selected, subject to their possessing the requisite technical qualifications, on a basis of rotation. 17. Each State being inspected should appoint a liaison officer to accompany each inspection team. 18. În conducting individual inspections, each inspection group facil would be permitted to divide into such sub-groups as might be neces- sary and to assign responsibilities to members of its staff in order to best complete the functions assigned to it. B. Atomic Development Division Board of Governors 19. The Atomic Development Division would be under the super- vision and control of a board of governors. 20. Each permanent member of the Authority would appoint & member of the board. 21. Not less than six nor more than eight additional members of the board would be appointed by the Authority. 22. Appointees would be expected to possess outstanding technical qualifications and would be appointed for a term of five years 23. While the board of governors would be subject to control by the Authority, it should be allowed sufficient discretion in carrying 27 and wve ACCO shar 28 not arm how nece Stat 22 and 3 31 disa app! ensi UPO! tion 3. Pro{ DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2813 - an- the Staf however, the international control agency should interfere as little as | State relationships in the several countries. and submitted to the Authority for final approval. s of disarmament programme treaty. The General Assembly would take | appropriate action, in anticipation of the signing of this treaty, to ensure the establishment and activation of the Authority immediately i by tion of its functions as required. progressive and continuous disclosure and verification of all armed out the terms of the disarmament programme treaty and the instruc- tions of the Authority to ensure effective operation of the Atomic ter- Development Division. also 24. Operations of the Atomic Development Division would be ups carried out by an international staff, the international character of which would be similar to that of the Secretariat of the Disarmament IT- Division, except that, to the greatest extent consistent with the ing requirements of efficiency, inspection, accounting and control, posi- tions in any country would be filled by nationals of that country. 25. The staff would be headed by a manager, appointed by the board subject to the approval of the Authority. The Authority would have the power to remove the manager at any time. nel rps C. Finance pes 26. It would be desirable to consider the finances of the Authority the and its subordinate agencies under three subdivisions: (i) the budget the of the Disarmament Division, (ü) that part of the budget of the oth Atomic Development Division directly concerned with establishing ible and operating atomic facilities (cost of raw materials and plant con- struction, operational costs, etc.), and (iii) that part of the budget of rac- the Atomic Development Division dealing with the necessary inter- ity. national co-ordination and with the administrative costs above the the operational level as well as with research necessary to the discharge of self is duties and ensuring security: 27. The cost of the budget of the Disarmament Division ((i) above) en- the and that part of the budget of the Atomic Development Division covered in (iii) above would be borne by the participating States in sccordance with a scale of contributions based upon principles of cost- r oup facilities (26 (ii ) above) should be met by the benefiting nations and 28. The cost of establishing and operating the various atomic r to hot by general assessments upon the States participating in the dis- humament programme. In carrying out its prescribed functions, necessary with the economic plans and the private, corporate, and 29. The budget of each division would be prepared by the division it & II. RIGHTS, POWERS AND FUNCTIONS OF THE AUTHORITY 30. The Authority would derive its rights and powers from the upon the coming into effect of the treaty and the progressive assump- ying 1. The Authority would be empowered to supervise and control y to to sharing to be agreed upon ces- per- ical 2814 AMERICAN FOREIGN POLICY, 1950–1955 ACCO So as uses Council, to the General Assembly, and to all States in order to permit forces, including para-military, security and police forces and all spr armaments, including atomic. 32. Within the limits of the programmes and phasing as laid down (0) in the disarmament treaty, the Authority would be empowered to requ determine the details of the time and the manner of the reduction of the armed forces and armaments and to supervise such reduction in so farbe re as such details are not fixed by the treaty. The disposition of existing 0 stocks of nuclear fuel would be made by the Authority in accordance timir with the treaty on international control. and 33. The Authority would be empowered to function in accordance 38 with whatever plan may be agreed upon for the control of atomic energy to the extent necessary to ensure effective prohibition of tion, verif nuclear weapons and use of nuclear materials for peaceful purposes only. (0 34. Except for the rule of procedure that decisions made by the safeg Authority within its defined functions would require a determined 16 majority, the Authority would have the right to adopt its own rules respa of procedure, including the method of selecting its president. 35. The Authority would be authorized to hold meetings at such places other than the seat of the Authority as in its judgment would best facilitate its work. 39 36. The Authority would be empowered to issue administrative Divis disar regulations within its field of competence. 37. The Authority would carry out an agreed programme of safe-1 at 40 guards to ensure the observance of the agreements for the regulation , limitation and balanced reduction of all armed forces and all arma- sibili ments. This programme of safeguards would include provision for conn whatever programme of effective disclosure and verification of all ing t armed forces and all armaments may be agreed upon. This function 41 priat would include, among others, the following tasks: (a) Provide guidance and instructions, within the framework of the treaty, for the disclosure programme; (6) Control the receipt of and process the information from each State and, within the framework of the disarmament programme treaty, prescribe the particulars of the information desired from the States; 06 (c) Organize and conduct field inspections and aerial surveys verify information on reported installations and to determine whether to th all installations and facilities have been disclosed; (d) Station personnel permanently in countries adhering to the d programme for the purpose of ensuring continuous verification; (e) Prepare reports of disclosure and verification for the United to al Nations and for the signatory States; (f) In the event of a finding by the Authority of violations, obstrucs ance tions, discrepancies, or pertinenť omissions by a State, call upon such State to remedy forth with the violation or other infraction; in the event of failure within a reasonable time of the offending State to comply fully, report the violation or other infraction to the Security of th in CC estal woul (a time to (c) Stati priat 42 of sa ince respo Disa DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2815 care ) nce mic ses ned . Disarmament Division, subject to appropriate arrangements for co- all appropriate action by the United Nations or by individual States in accordance with the treaty establishing the control organ; (0) Submit such special reports to the Security Council as may be I to requested by any seven members thereof; 1 of th) Submit such special reports to the General Assembly as may far be requested by that body; ing. Determine when each provision of the treaty relating to the nce timing of disclosure and verification and of reductions of armed forces and non-atomic armaments has been completed. 38. The powers of the Authority relating to disclosure and verifica- of tion, of course, would not be limited to the initial disclosure and verification but would continue as permanent powers of the Authority. (a) The Authority would carry out the agreed programme for the safeguards other than disclosure and verification; (6) The Authority should have positive research and developmental ules responsibilities in order to remain in the forefront of atomic knowledge uch so as to render the Authority more effective in promoting the beneficial uses of atomic energy and in eliminating its destructive ones. ould 39. Authorized personnel of the Secretariat of the Disarmament tive Division would have the right, in accordance with the terms of the disarmament treaty, to conduct on-the-spot inspections preparatory afe to and in aid of inspections by formal inspection teams. ion, 40. The Atomic Development Division should have the respon- sibility to determine and report to the Authority any violations in for connexion with the execution of the provisions of the treaty establish- alling the system for the control of atomic energy. 41. The Authority should be empowered to take action as appro- priate short of the imposition of sanctions as provided in Chapter VII of the United Nations Charter, to remedy any violations or infractions of connexion with the enforcement of the provisions of the treaty the C) Calling upon the offending State to remedy within a reasonable time the violations or other infraction; 0) Bringing about the suspension of the supply of nuclear materials 0) Closing of plants utilizing nuclear materials in the offending the State; Eted to all States the violation or other infraction in order to permit appro- 2) Reporting to the Security Council, to the General Assembly and priate action by the United Nations or by individual States in accord- ance with the international convention establishing the control organ. the 42. In connexion with the inspection of items critical to the system safeguards for both atomic development and non-atomic armaments, rity es contrast to the items critical primarily to atomic development, the pesponsibilities of the Authority would in general be exercised by the ma tion -ach would include: ume 5 to cher to the offending State; ruc- uch e to mit 2816 AMERICAN FOREIGN POLICY, 1950–1955 to th di Da P may ordination. The responsibilities of the Authority for such control as might be established over such items would, in general, also be exercised 52 by the Disarmament Division. 43. Any jurisdictional questions arising between the Disarmament ipati Division and the Atomic Development Division would be settled by the Authority. III. RELATIONS TO OTHER UNITED NATIONS ORGANS of cit stem The relations of the Authority to the several organs of the United to th Nations should be clearly established and defined by the treaty terem creating the Authority. and activ To the Security Council 58 44. The Authority would be required to submit such reports as inclu might be requested by any seven members of the Security Council 45. The Authority's findings in respect to violations, evasions, @ discrepancies or pertinent omissions should be referred, as appropriate and with certification of facts, to the Security Council. 46. Findings would be accompanied by such recommendations as equi the Authority might deem appropriate. In this regard, provision 10 would have to be made for specific steps to be taken by the Security , to t Council and/or the General Assembly to bring about rectification of C violations of the disarmament programme treaty. ce To the General Assembly 54 47. The Authority would transmit to the General Assembly periodic I reports and any findings in respect to violations, evasions, discrep- ancies or pertinent omissions which are submitted to the Security part Council. 5. 48. The Authority would be required to submit such reports as to t might be requested by the General Assembly. pro To the International Court of Justice 49. The Authority would be authorized by the General Assembly reas to request of the International Court of Justice advisory opinions und on legal questions arising within the scope of the Authority's activities . Proceedings before the Court, however, would not be permitted to delay the taking of measures necessary to maintain international peace and security. To the United Nations Secretariat 50. The Authority would use the services of the United Nations abl Secretariat to the extent mutually agreed upon. 51. Reports and other communications from the Authority to other to 1 organs of the United Nations would be transmitted through the Secretary-General. OT end viol tres Art be 1 or ) 5 par 5 nat DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2817 as 100 1 IV. RELATIONSHIP TO INDIVIDUAL STATES as ised 52. The question of the relationship of the Authority to the partic- ipating States will require careful treaty definition particularly lent by regarding the extent to which the privileges and immunities accorded w the Authority will exempt it and its personnel from the operation of national laws and the means by which individual rights and liberties el citizens of each State will be protected against possible infringement stemming from inspections. The grant of privileges and immunities ited to the Authority should be based on the principle of minimum inter- aty ferences with the national laws of a State consistent with adequate and expeditious carrying out of the Authority's responsibilities and activities. 53. The privileges and immunities accorded the Authority should include: I. ins, (a) The right of its accredited representatives to the privileges late and facilities of ingress, egress and access into and from the territory of participating States including rights of transit for persons and as equipment over, across and through such territory; 6) The right to use communication facilities to the extent adequate rity to the discharge of its responsibilities; 1 of (C) Such exemption from customs and immigration regulations as may be necessary to effective operations; (d) Inviolability of premises, property and archives. odic 54. Any findings in respect to violations, evasions, discrepancies ep- or pertinent omissions which are submitted to the Security Council ity and to the General Assembly would be transmitted also to the participating States. 55. Provision must be made in a treaty to permit individual States to take necessary steps to protect themselves in conformity with the provisions of the United Nations Charter in the event of serious violations determined by the Authority and not remedied within a bly reasonable time. Such provision would include the right of any State under such circumstances to terminate its obligations under the ies. treaty, to take steps for individual and collective self-defence under to Article 51 of the Charter, and to take such other action as might mal be decided or recommended by the United Nations Security Council or by the United Nations General Assembly. 56. The Authority would be empowered to negotiate with each participating State such administrative agreements as may be desir- able to facilitate the operation of the disarmament programme. hational agency to supervise the execution of its obligations and the to assist the Authority in its work. - as Ons ODS zer 415900_57_-Vol. 2----74 2818 AMERICAN FOREIGN POLICY, 1950–1955 und 22. BASIS FOR AN EFFECTIVE DISARMAMENT PLAN: Memo.the randum From the Department of State to the Soviet Embassy con- at Washington, July 9, 1954 1 of pur The United States has further considered the draft declaration 5. January 30 ? and Aide-Memoire of April 27 3 delivered by the Soviet to Union to the United States. The United States wishes to make the Thi following comments: ato teci I. for 1. The President's speech of December 8, 1953 4 to the United met Nations General Assembly pointed out the dangers of the atomic pro armaments race and stressed the desire of the United States to remove pro: these dangers by any effective method which includes adequate sale pro guards against violations and evasions. The United States would 6 welcome any system of disarmament which would serve to protect US the peoples of the world from the threat of war and relieve them of the pov heavy burden of military defense in a manner consistent with their of a security. 2. The United States is also aware of the difficulties which have gra been experienced since 1946 in trying to negotiate a disarmament plan.age From that date until the present, the United States has persistently we sought, alone and in concert with other nations, to find ways of easing de the burden of armaments and of lessening the threat of war . In the pro United Nations Atomic Energy Commission from 1946 through 1948 , pro in the Commission for Conventional Armaments from 1947 through 1950, in the special meetings of the Six Permanent Members of the ful United Nations Atomic Energy Commission in 1949 and 1950, and ma in the United Nations Disarmament Commission since 1951, the over- whelming majority of nations was able to reach agreement—the Soviet pro Union alone prevented progress. Wh 3. Despite this discouraging record, the President, in his address on December 8, stated that the United States, heeding the resolution of kn November 28, 1953 5 of the General Assembly of the United Nations, obl was "prepared to meet privately with such other countries as may be mo ‘principally involved' to seek an acceptable solution to the atomie nu armaments race which overshadows not only the peace but the very life of the world." II. If 4. In his address, the President also stated that the United States would carry into these talks a new proposal for an international pa atomic energy agency to expedite the use of atomic energy to serve the peaceful pursuits of mankind. In its memorandum of March 19, can to WI ev sud na of 1 Department of State Bulletin, Oct. 4, 1954, pp. 485–486. 2 Ibid., p. 479. 3 Ibid., pp. 482-484. 4 Supra, doc. 17. 5 Supra, dec. 16. 6 Supra, doc. 18. TI DO Op DISARMAMENT AND CONTROL OF ATOMIC ENFÖRGY 2819 . 200- the United States explained in more detail its views on the method for assy converting this conception into a practical reality. The Aide-Memoire of April 27 of the Soviet Union appears to misconstrue completely the purpose of this specific proposal. in of 5. This proposal was intended to make a beginning toward bringing viet to the peoples of the world the peaceful benefits of atomic energy. the This offer by the United States to join with other nations having atomic facilities to furnish fissionable material and atomic energy technology for the common benefit, would provide a new opportunity for international cooperation. Successful cooperation in the imple- nited mentation of the President's proposal would surely result in an im- omic proved atmosphere, which, in turn, could significantly improve the nove prospects for genuine, safeguarded international disarmament. The safe- proposal itself was not put forward as a disarmament plan. ould 6. The Soviet Aide-Memoire of April 27 states in effect that the otect USSR will not cooperate in steps to achieve peaceful benefits of atomic f the power for the world until the United States agrees to a ban on the use their of atomic weapons. The primary reason given for this position is that under the President's United Nations proposal, stockpiles of weapon have grade material could continue to increase after the international olan. agency had been established. Yet the Soviet proposal for a ban on ently weapons' use would not in any way prevent such increases in stockpiles. using Accordingly, the United States cannot agree that the Soviet position the provides a valid objection to proceeding at this time with steps for 1948 , promoting the peaceful uses of atomic energy. 7. The Soviet Union also appears to assume that any form of peace- the ful utilization of atomic energy must necessarily increase stocks of and materials available for military purposes. In reality, however, ways can be devised to safeguard against diversion of materials from power pviet producing reactors. And there are forms of peaceful utilization in which no question of weapon grade material arises. 8. The United States believes that the nations most advanced in on of knowledge regarding the constructive uses of atomic energy have an ions, obligation to make it available, under appropriate conditions, for pro- be moting the welfare of peoples generally. At the present stage of nuclear technology, the United States believes that it is now possible very to make a beginning in this direction. Accordingly, the United States will feel free to go ahead with its proposal with other interested nations, even though the Soviet Union does not wish to pursue it at this time. If at a later time the Soviet Union should decide to take part in any such discussions, the United States will continue to welcome such ough Over- OS OD у onal participation. erre 6 19, III. 9: The Soviet Union refers to its proposal of January 30 for an inter- national agreement calling for unconditional renunciation of the use of atomic, hydrogen and other forms of weapons of mass destruction. The United States has thoroughly and earnestly considered this pro- posal in accordance with its oft-declared policy to examine with an open mind all suggested approaches to the problem of disarmament. 2820 AMERICAN FOREIGN POLICY, 1950–1985 by tha all the solo hisi Bu effe nud bal red the 1 grm Sor ACC gua eXC. In SUC. 10. In the opinion of the United States, any effective plan for dis- armament must provide satisfactory answers to two fundamental questions: a. First, will the plan result in an actual reduction or elimination of national armaments in a manner consistent with the security of each nation? A paper promise not to use weapons will not enable the nations safely to reduce their armaments. The very existence of any weapon poses the possibility of its use, despite promises not to do so, which can be broken without notice. b. Second, will the plan materially reduce or eliminate the danger of aggression and warfare? If any plan would, in fact, tend to increase the danger of resort to war by a potential aggressor , it would not accomplish the basic purpose of disarmament. 11. The Soviet Union's proposal of January 30 fails to meet either of these basic tests, or to offer any hope for beneficial results in the disarmament field: a. It would leave unimpaired existing armaments and continued armament production. This is clear from the terms of the Soviet proposal itself. There would be only an exchange of promises not to make use of weapons which are still retained. There could be no certainty that these assurances would be observed. The maintenance of stocks of weapons and the continued manufacture of weapons would bear ominous witness to the danger that the assurances might be disregarded. b. The danger of aggression and war would not be lessened if the Soviet proposal were put in effect. Indeed, it could be increased, since the deterrent effect upon a potential aggressor of the existence of nuclear weapons would doubtless be lessened if his possible victims had undertaken an obligation not to use them. Such an aggressor might be tempted to initiate an attack in the hope that the ban would prevent or delay the use of such weapons in the defense of his victims. Yet, the aggressor with nuclear weapons would be in a position to repudiate his past assurances and employ nuclear weapons whenever it suited his interests. Thus, such a plan might merely serve to induce aggression and weaken its victims. 12. Not only does the Soviet proposal fail to meet the necessary tests of any effective plan to prevent atomic warfare, but it would in fact harm the chances of adoption of any such effective plan. For surely the Soviet proposal, if it were accepted, would tend to create the deceptive impression that the danger of atomic warfare had some- how been limited and weaken the vigilance of the people regarding i threat which had, if anything, increased. This false sense of security could discourage further efforts to achieve genuine disarmament under effective safeguards, which would actually enhance the security of all, reduce the danger of war, and lighten the heavy burden of armaments. see 1 the pro any Un 23. the anc resi tas Test 2 pro Co 10 mit Uni 1 2 3 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2821 Union of Soviet Socialist Republics, the United Kingdom and the 1 ler he Commission should establish a Sub-Committee which should seek in private an acceptable solution. He proposed that the Sub-Com- mittee should consist of representatives of Canada, France, the IV. is- tal 13. The United States reaffirms, as it did in the resolution adopted by the United Nations General Assembly on November 17, 1950, that, whatever the method used, aggression itself is the gravest of OR of all dangers. Only if there is aggression will the world be exposed to ole the horrors of modern war. ce 14. The signatories of the United Nations Charter have undertaken not solemn assurances not to commit aggression. In conformity with its historic traditions, the United States will never violate that pledge. he But , as indicated, the United States is convinced that the only truly ct, effective way to ensure that aggression will not take place and that nuclear weapons will not be used in war is to adopt a safeguarded, or, balanced system of disarmament. Such a system could materially reduce the chance of successful aggression, and thereby minimize the risk of any aggression at all. 15. The United States continues to believe that a solution of the armaments problem is essential. Despite its inability to accept the ed Soviet proposal, the United States is ready at all times to discuss iet acceptable measures for effective disarmament under proper safe- 100 guards. It is prepared to do so either in the continuation of private be exchanges or in the United Nations Disarmament Commission. the In view of the urgency of disarmament, the United States will welcome such a continuation if the Soviet Union considers it a useful means for seeking a common approach to this problem. 16. The United States also hopes that, in the light of the foregoing, if the Soviet Union will wish to comment further on the concrete ed, proposal submitted by the United States on March 19, 1954. In ce any event the United States is prepared to renew with the Soviet ble Union at any time the talks on the President's proposal. 23. FOURTH REPORT OF THE UNITED NATIONS DISARMA- be MENT COMMISSION, JULY 29, 1954 2 ht 1. Following requests to the Chairman dated 3 April 1954 from the representatives of France (DC/41), the United Kingdom (DC/42) ry and the United States (DC/43), the Disarmament Commission ID resumed its meetings on 9 April 1954 for the consideration of the or tasks of the Commission in accordance with General Assembly ite 2. At the 32nd meeting the representative of the United Kingdom & proposed that, as had been suggested in resolution 715 (VIII), the ity ler re he an at ise dr resolution 715 (VIII). 3 le- ts. 1 Supra, pp. 168–169. ? U. N. doc. DC/55. Supra, doc. 16. 3 &nd Col of a of disarmament, the capital importance of which, in conjunction app: facilitate the continued and fruitful consideration of the question with other questions affecting the maintenance of international 2822 AMERICAN FOREIGN POLICY, 1950–1955 United States. Following the meeting the representative of the 1 United Kingdom submitted a draft resolution (DC/47/Rev.1) em- bodying his proposal. 3. At the 33rd meeting the representative of the Union of Soviet Socialist Republics submitted an amendment (DC/48) which would have added to the membership of the Sub-Committee the People's Republic of China, Czechoslovakia and India. 4. At the 35th meeting the USSR amendment was rejected by 10 (T. votes to one, with one abstention, and the United Kingdom draft resolution was adopted by 9 votes to one, with 2 abstentions. The adopted resolution (DC/49) read as follows: "The Disarmament Commission, "Noting General Assembly resolution 715 (VIII) and the resolu- tion on disarmament agreed by the four Foreign Ministers at 2. Berlin on 18 February 1954, “1. Decides, pursuant to General Assembly resolution 715 (VIII), F to establish a Sub-Committee consisting of representatives of U Canada, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the I United States of America: В "2. Recommends that the Sub-Committee should hold its first meeting on 23 April, and should arrange its own meetings and D method of work; "3. Recommends that the Sub-Committee should present & report on the results of its work to the Disarmament Commission not later than 15 July." 5. Pursuant to the above decision, the Sub-Committee held its B first meeting at United Nations Headquarters in New York on 23 April, considered administrative and procedural arrangements and diss agreed to continue its discussions in London on or about 13 May. 6. The Sub-Committee continued its discussions in Lancaster House in London at nineteen meetings between 13 May and 22 June . On the latter date the Sub-Committee approved its report to the Commission (DC/53). R 7. The Disarmament Commission considered the report of the Sub-Committee at its 36th to 43rd meetings between 20 and 29 July 1954, the verbatim records of which are contained in DC/PV,36- DC/PV.43. 8. By letter dated 22 July to the Chairman (DC/54), the repre; sentative of India requested that the proposals of the Government of India contained in document DC/44 and Corr. 1 be incorporated in the Commission's report. At its 43rd meeting the Commission decided 1. to annex document DC/44 and Corr. 1 to this report. will 9. The Commission expresses the hope that circumstances will 2. peace, is recognized by all. 1 Not reprinted here. end ame R Opel ener peal Ami N they of a the cou prac 1 = (412 ? DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2823 ? U.N. General Assembly, Official Records, Ninth Session, Supplement No. 21 em- riet (VIII). Recalling the initiative of the President of the United States of America, embodied in his address of 8 December 1953,2 will will be established without delay; stion 2. Suggests that, once the Agency is established, it negotiate an appropriate form of agreement with the United Nations; (4/2890), pp. 4-5; see also Department of State Bulletin, Mar. 14, 1955, pp. 444 ff. the 10. This report was approved by the Commission on 29 July 1954 and is hereby submitted to the General Assemby and to the Security Council in accordance with paragraphs 4 and 6 of resolution 715 uld le's F. EFFORTS TOWARD THE PEACEFUL APPLICA- aft TION OF ATOMIC ENERGY AND TOWARD THE The ESTABLISHMENT OF AN INTERNATIONAL CON- TROL AGENCY, 1954-1955 olu- at 24. PROPOSED INTERNATIONAL ATOMIC ENERGY AGENCY II). AND INTERNATIONAL CONFERENCE ON THE PEACE- FUL USES OF ATOMIC ENERGY: Resolution 810 (IX) of the of United Nations General Assembly, December 4, 1954 1 the the The General Assembly, first Believing that the benefits arising from the momentous discovery and of atomic energy should be placed at the service of mankind, Desiring to promote energetically the use of atomic energy to the t & end that it will serve only the peaceful pursuits of mankind and sion umeliorate their living conditions, Recognizing the importance and the urgency of international co- operation in developing and expanding the peaceful uses of atomic its energy to assist in lifting the burdens of hunger, poverty and disease, Believing also that all nations should co-operate in promoting the and dissernination of knowledge in the realm of nuclear technology for A the CONCERNING AN INTERNATIONAL ATOMIC AGENCY the July *.36- they should continue, for the establishment as quickly as possible of an International Atomic Energy Agency to facilitate the use by the entire world of atomic energy for peaceful purposes , and to en- wurage international co-operation in the further development and practical application of atomic energy for the benefit of mankind, 1. Expresses the hope that the International Atomic Energy Agency I 23 peaceful ends, ster une, pre- it of d in ided ition onal ? Supra, doc. 17. CONCERNING THE INTERNATIONAL CONFERENCE ON THE PEACEFUL USES OF ATOMIC ENERGY 18. ME Advisory Committee that, in making plans for the international 8. Requests that the Secretary-General circulate for information 8 2824 AMERICAN FOREIGN POLICY, 1950–1955 3. Transmits to the States participating in the creation of the 25 Agency, for their careful consideration, the record of the discussion of this item at the present session of the General Assembly; 4. Suggests that Members of the United Nations be informed progress is achieved in the establishment of the Agency and that the views of Members which have manifested their interest be fully considered; B In G 1. Declares the interest and concern of the General Assembly in helping in every feasible way to promote the peaceful applications tic of atomic energy; Cc 2. Decides that an international technical conference of Govern- m.ents should be held, under the auspices of the United Nations, to for explore means of developing the peaceful uses of atomic energy through | U. international co-operation and, in particular, to study the develop G ment of atomic power and to consider other technical areas—such as biology, medicine, radiation protection, and fundamental science- Di in which international co-operation might most effectively be accom- plished; 3. Invites all States Members of the United Nations or of the speen cialized agencies to participate in the conference and to include among U. their representatives individual experts competent in the atomie un energy field; 4. Suggests that the international conference should be held no later than August 1955 at a place to be determined by the Secretary- General and by the Advisory Committee provided for in paragraph lai 5 below; Ei 5. Requests the Secretary-General, acting upon the advice of a be small committee composed of representatives of Brazil , Canada pe France, India, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, to issue invitations to this conference, to prepare tid and circulate to all invitees a detailed agenda, and to provide the th necessary staff and services; 6. Suggests to the Secretary-General and the above-mentioned ed conference, they consult with competent specialized agencies , in pa ticular the Food and Agriculture Organization, the World Health Organization, and the United Nations Educational, Scientific and Cultural Organization; 7. Invites the interested specialized agencies to designate person te be to represent them at the conference; to other Governments and specialized agencies participating in the conference. mc ME cel OD te PI se DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2825 See supra, doc. 17. EFUL vern- tributions to all segments of the topical agenda. ference site at Geneva. More than 60 institutions and firms already have signified interest in participating in this U.S. Government 1 Department of State Bulletin, Mar. 14, 1955, p. 444. See Department of State Bulletin, May 3, 1954, pp. 659–662. f the 25. PLANS FOR UNITED STATES PARTICIPATION IN THE ISSION INTERNATIONAL CONFERENCE ON THE PEACEFUL USES OF ATOMIC ENERGY: Joint Announcement by the Department ed as of State and the United States Atomic Energy Commission, that February 23, 1955 1 fully Preliminary plans for participation by the United States in the International Conference on the Peaceful Uses of Atomic Energy at Geneva, Switzerland, August 8–20, 1955, were announced today. The U.S. Government has accepted the invitation to participate in the Conference, which was extended by the United Nations to 84 bly in nations, including 9 from the Soviet bloc. Enclosed with the invita- itions tions were several documents, including the Topical Agenda for the Conference and the Conference Rules of Procedure. Primary responsibility for the technical planning and preparation ns, to for U.S. participation in the Conference has been assigned to the rough U.S. Atomic Energy Commission. The Commission has named Dr. velop | George L. Weil, former Assistant Director of its Reactor Develop- -such ment Division and now a consultant to the Commission, as Technical nce Director for U.S. participation in the international Conference. President Eisenhower's proposal for a worldwide conference to pro- mote the dissemination of new information on peaceful uses of atomic e sper energy was first announced by Chairman Lewis L. Strauss of the mong U.S. Atomic Energy Commission on April 19, 1954. It will be held tomie under the auspices of the United Nations, which authorized the meeting by formal resolution of the U.N. General Assembly on De- etary The Conference is an outgrowth of the atoms-for-peace proposals graph laid before the United Nations on December 8, 1953, by President Eisenhower 5 when he urged that the atomic resources of the world of a be mobilized to apply the benefits of atomic energy to the cause of Inited The Conference will be devoted to the presentation of information Inited on reactor technology; atomic power; radiation protection; applica- repare tons of atomic energy to biology, medicine, and agriculture; and e the the industrial uses of radioisotopes. The Atomic Energy Commission is assembling through key U.S. home educational institutions, industrial establishments, and research cen- tion ters (government and private) technical information in the fields ap- pe propriate to the Conference agenda. It is believed that papers pre- sented by U.S. scientists and engineers will make substantial con- ccom- ld nocember 4, 1954.4 nada, peace. ioned ealth and ISONS ion 8 exhibit. and 2 the } * Res. 8110 (IX), supra. 2826 AMERICAN FOREIGN POLICY, 1950–1955 G 11 P- S CO Si CE b P 3 f 1 2 Made before the Atomic Industrial Forum and the American Nuclear Society at Washington, D. C.; Department of State Bulletin, Oct. 10, 1955, pp. 555-559. In addition to heading the Commission staff assigned to the plan- ning and preparation of the meeting, Dr. Weil will undertake to coordinate the technical participation in the meeting by other inter- ested agencies. Invitations are being issued requesting that abstracts of papers be submitted prior to March 11 for consideration for the U.S. program, which in turn will be submitted to the U.N. Secretary-General Interested individuals should contact their organizations for copies of the Conference topical agenda and rules of procedure. 26. REPORT ON THE INTERNATIONAL CONFERENCE ON THE PEACEFUL USES OF ATOMIC ENERGY: Address by the Chairman of the United States Atomic Energy Commission, September 28, 1955 2 The posture of a nation is a composite of the words of its leaders and the deeds of its people. The Atomic Energy Conference had its origin in President Eisenhower's unforgettable words to the United Nations in December of 1953 when he told of the great promise in store for peoples everywhere if the world's scientists and engineers could be free to devote themselves fully to the benign uses of the atom. Four months later we moved to translate the President's vision into deeds. We proposed a world conference to compare notes on the peaceful atom, for we were convinced that such a conference would give to the peoples of the world a clearer understanding of the para- mount problem of this age-a realization of the blessings denied to all of us by reason of the fact that atomic armament must have first call upon the resources, intellectual and material, of a world precari- ously at peace. The problem is not a new one. As children, we all grew up with the Arabian Night's story of the fisherman who found a bottle in his nets, uncorked it, and released a great cloud which rapidly trans- formed itself into the monstrous and threatening Djinn. The story ended happily, as you recall, by the fisherman's artifice in inducing that unwelcome apparition to return to the bottle and become captive This fable, even to the illustrations of the great mushroom cloud from which the Djinn materialized. is like the situation we face today-how to render atomic energy harmless, how to get it back into its bottle, under control, so we may make it fulfill our wishes for good purposes only The Geneva conference 4 was a step toward that goal, but only a step. The press of the world, which sent some 800 reporters to 1 Lewis L. Strauss. 3 See supra, doc. 17. 4 Held Aug. 8-20, 1955. S once more. 1 1 1 | 1 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2827 . lan- ; to ter- ; be am, ral. pies ON the on, 1 lers lits ited e in eers im3 into Geneva, was enthusiastic and generous in its appraisal of the proceed- ings. They were described as a resounding triumph of "atoms for peace." But this should not conceal for us the fact that the conference was only a preliminary move in a right direction and that succeeding steps will have to be taken if any permanent good is to result. But it was a truly gratifying beginning. The enthusiasm and cooperation which it inspired among the nations, great and small, surpassed the expectations of those whose task it was to set up the conference machinery. They had anticipated that the conference might attract some 400 scientists and that perhaps 300 papers would be submitted. Actually we found that 72 nations were eager to participate and that, not 400 scientists and engineers, but 1,400 would attend. The number of reports and papers submitted was not 300, but nearly four times as many—so many in fact that only a fraction could be presented orally. But most of them, brilliant works, will be published. The day is not yet here for a precise evaluation of these more than 1,100 papers and discussion sessions. However, enough time has perhaps elapsed for a reminiscent look at the conference, to appraise its more obvious and immediate effects and some of the initial benefits gained from it. Within those limits I would like to give you my impressions, admittedly from the viewpoint of a prejudiced observer. First, I might say something about our own participation. Our United States delegation was selected with great care and numbered 384 persons, of whom 239 were scientists and engineers, the remainder being the necessary staff to operate the exhibits, the reactor, and other services, Of the 1,110 papers presented to the conference by all the partici- pating countries, either orally or for inclusion in the published pro- ceedings , approximately one-half-to be precise, 48.2 percent—were submitted by the United States. All our papers had been prepared months in advance and carefully reviewed to make certain that no matters of military significance were compromised. The nations having atomic energy programs of any magnitude had impressive technical exhibits at the conference, but incontestably the star attraction was our operating research reactor, built at our Oak Ridge Laboratory, flown to Geneva, and erected on the grounds of the Palace of Nations. The attractive redwood structure we Tennessee Chalet," and it was visited by more than 63,000 persons put up to house the reactor quickly acquired the nickname of “The during the 2 weeks of the conference. Incidentally, for most of the delegates from other countries, including scientists and engineers come to deliver learned papers on atomic energy, it was their first opportunity to see an actual atomic reactor of any kind, much less to operate its controls as very many of them did. We also had in our main exhibit an outstanding demonstration of what Americans are doing in pure science, industry, medicine, and biology, and more power development. Many of you here tonight contributed Por a list of the U.S. delegation, see The Department of State Bulletin, Aug. the uld ara- to first -ari- 1 zith his IDS- ory ing cive oud ace nto pod ya to iety 559. 8, 1955, p. 243. 2828 AMERICAN FOREIGN POLICY, 1950–1985 0 OL SU 8 m ro P Я 1. ti C t e S 1 to this exhibit and are familiar with it. Some of those exhibits , brought from Geneva, are included in the Trade Fair on exhibition here. At a trade exposition in another section of Geneva, industrial firms of several countries——the Soviets excepted-showed their products to good effect, but we made it clear that we had not come to Geneva to boast of our scientific prowess or, in other words, that we had not entered with the spirit of carrying off all the laurels in a sort of atomic Olympic Games. The Soviet had a large technical exhibit which was chiefly remark- able, from my point of view, for the fact that it was there at all. We have had “atoms for peace” exhibits circulating around the world for more than a year. But, until this conference, we had seen nothing of Russian progress in this field. Therefore, great interest and con- jecture attached itself to anything they proposed to show. Because the rest of the world knew so little of what the Russians were doing with the peaceful atom, it was clear that whatever they exhibite or even reported, would be in the nature of a revelation. Let me at this point say that they did come up with a great deal . There was no evidence, however-photographic or otherwise-to support the statement made by Soviet Official spokesmen a few years back to the effect that, whereas the United States was engrossed with atomic energy to make bombs, they, the Soviets, were using atomic energy to change the courses of rivers and to remove moun- tains. On the other hand, their exhibits in areas of biology, in certain industrial applications, and in general instrumentation were not unimpressive and occasionally not greatly dissimilar from our own. However, it was electrical power generation from atomic energy that attracted particular interest in the Soviet exhibit. They demon- strated a scale model of their 5,000-kilowatt reactor and a motion picture of the reactor itself, well photographed and accompanied by a narration in English. They also indicated that larger power reactors of a different design were planned. We, of course, have had units substantially larger than the Soviet plant operating for a considerable time, and far larger ones are building Soviet written reports to the conference showed careful preparation and a considerable amount of detail. But it became apparent early in the proceedings that, in answering the questions of delegates , they were not prepared to engage in the same degree of frankness as other delegations. The Russian delegation, of whom some 79 were technicians, im- pressed our people as generally competent and, in some instances, as exceptional men. We have no way of knowing whether it was their first team, but as one of our people said, "They were good enough to be a first team." It is the general impression among the members of our delegation that, on the basis of Geneva, we are well ahead of other nations all other nations in both the scope and the state of our technology in using atomic energy for peaceful purposes. This, however, was to be expected since we appear to have a considerably larger program ( 1 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2829 ims cts V& not mic use ing them to possess. -to ew example, foresees the end of her increasingly expensive coal. England, therefore, time is of the essence; she cannot afford to wait for development of the ultimate reactor of maximum efficiency. than any other country and we have been engaged upon it for a longer its, time. ion In this connection it is interesting to note, however, that at least one of the Russian papers presented at the conference bore the date of 1943, indicating that they had been seriously concerned with the subject for a longer time than many of us realize. While what the Russians revealed at Geneva did not contain anything new or startling, it did give some insight into their working methods and into the caliber of their research. On the basis of their rk- mole at Geneva, they appeared stronger in basic research than in its We practical applications. rld The fact that we appear to be ahead in the peaceful applications of ing atomic energy-perhaps by a scant few years-certainly offers no justification for complacency. To the contrary, the situation must On- be regarded as a serious challenge. The Soviets have not outstripped nor equaled us in any peaceful application, but at the same time--and ed, this is important--we did not show anything at Geneva which they cannot have in a few years, given the talent and zeal which we believe al . Too many of us have been thinking of the Russians, either by education or temperament, as not quite equal to us in the technological sed sense. Despite the many things wrong with their political system ing from our point of view, let us not fall into the easy attitude of assum- ing that they cannot compete with us in mastering atomic energy. ain The early date at which they produced nuclear weapons should be a constant reminder of the fallacy and danger of such an attitude on our part . We can never let down our research without letting down our guard at the same moment. Also, the belief that science cannot thrive under conditions designed ion solely to protect the security of data already in hand and deemed important to national defense would seem to be brought into question y & by the degree of Soviet progress. This progress was achieved under tits security provisions which are part of a complete tyranny where com- ble munication is rigidly controlled and the individual has no rights. Since we proceed under the policy of removing information from ion classification as rapidly as possible, the Soviet results present some- Tly thing of a paradox. With respect to power from atomic energy, the Geneva conference made it evident that, while others are engaged in extensive under- takings , our program is presently substantially ahead in extent and in the versatility of its approach. As you know, we are relatively close in the United States to the production of economic, electrical eir energy; Even today, the kilowatts we are producing in our reactors would be economic in some parts of the world. But different countries are taking different paths to power develop- ment, depending upon varying economic factors. England, for For 89 un- not rgᎩ on- Ors ces, as m- as to 100 be am 2830 AMERICAN FOREIGN POLICY, 1950–1955 Imp conference, it is bound to have a profound international political peacetime uses of atomic energy and no spirit of competitive free enterprise. In Russia the whole show is a government monopoly. sta It will be interesting to see how this will affect the search for a more "M economic and efficient power system than the one they exhibited. fer We, in the United States, are fortunate in that we face no urgent pea shortage of conventional fuels. We have time and the opportunity cou to attack the problem from every side and to experiment simul- rol taneously with a whole variety of atomic power systems. That is S exactly what we are doing. Last week the Commission took another Wha step forward and invited proposals from industry and other groups line for the design and construction of small atomic power plants. This and marks the second round of a partnership program designed to speed of t the development of efficient, economic nuclear power. Our first I power demonstration reactor program began, as you know, earlier PO11 of a this year and produced proposals for large plants. American in- dustry is dedicating risk capital in a conservative race to produce the best and most efficient means of atomic power—knowing full well COM that the first plants will not be economic. first bod To sum up, we did not go to this conference in an effort to carry hay away all the honors. If there was some semblance of a contest, in the technical exhibits and in the papers presented, no one lost in this competition. All the nations gained, and the winner was mankind POW at From the viewpoint of our national self-interest, however, the F conference was certainly a victory for fundamental American policy. the We achieved new understanding abroad of our earnest effort to promote a decent and enduring peace. As a people, knowing full well the sincerity of our own desire for peace, we have not always appreciated how the rest of the world regarded us. Sometimes even nations whose safety from aggression expl reali has depended upon our possession of nuclear weapons have shown & judg tendency to view us with suspicion. Too often, in the past , Com- F munist propaganda has had some success in depicting us as war- appe mongers interested in the atom only to make bombs and ready to use them to gain our supposed imperialist aims. This myth was effec- tively demolished at Geneva and without our having to brand it as a myth. Our scientists and engineers who went to Geneva and who unfolded there a factual account of our purpose and efforts to use the atom for man's benefit were ambassadors of peace, plenipotentiary and extraordinary. The conference was convened without any political objective. Nor did it, in its 162 hours of sessions, encounter any political com plications. Under its "ground rules' any discussion of political impe topics or of atomic weapons was out of bounds by common consent , in advance. The fact that no violations of either the letter or the spirit of the conference occurred is one of the principal explanations it in for its success. But notwithstanding the absence of politics from the mm We thin espe We 8 Inte Sovi com prog that half this upor dem Si Coni brig) impact. What were its chief results? It would appear that there were several, both immediate and for the not-distant future: for 11 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2831 for inillions of people all over the world Geneva cast off the mesmerism e .. e LS er IS IS d st er 1- le 1 I demands prompt consideration and more emphasis than I can give Conference on the Peaceful Uses of Atomic Energy, I come to the | brightest, most appealing of all its accomplishments. As our story First, the free world—perhaps even the Soviet-has a new under- standing of the absolute sincerity of our desire to strip the atom of its "military casing." and "adapt it to the arts of peace." The con- ference substantially advanced the President's program of "atoms for at peace.” Any suspicion of our motives, imported to the conference, J could not have survived the 2 weeks of Geneva, and many delegates Folunteered that statement to me in similar words. Second, communication was reestablished between men of science tho for many years had experienced the isolation of finding those lines down. As a result, much cross-fertilization of ideas will occur and that, inevitably, will stimulate new inventions in many phases of the atomic art during the next year or two. Third, there can no longer be any talk of nations which, from the point of view of possessing information for the peaceful applications of atomic energy, are "have not” nations. The smaller nations were impressed by the fact that the development of atomic power is a very complex and expensive undertaking - an undertaking which requires, first of all, a grounding in the basic technology and then a substantial У body of trained scientists and engineers. The notion that all they have to do is place an order for a reactor out of a catalog and be immediately in business to provide electrical energy from atomic power—if such a notion existed-was, or should have been, dispelled Fourth, we gained much information of value to ourselves from the conference. One byproduct, I believe, was a rebirth of humility. We learned not to underrate the competence of others and to cease to think of ourselves those of us, that is, who were so inclined as especially and exclusively gifted with imagination and ability in exploring the possibilities of the new worlds that lie ahead. This realization could save us in the future from some grievous error of Fifth, all of us were impressed by the disturbing fact that Russia appears to be training scientists and engineers at a faster rate than We are. Mr. Allen Dulles, the distinguished Director of our Central Intelligence Agency, has publicly stated that, between 1950 and 1960, Soviet Russia will have graduated 1,200,000 scientists and engineers , compared with about 900,000 in the United States in our present y program. Those figures would not be so important did we not know that our own colleges and universities are turning out only about half the number of engineers we require today. Unless corrected, à generation hence, will become a national calamity, al imperiling our security and freedom in an age of expanding dependence ity pon science and technology. This is a most serious subject and n 1s he at Geneva. V. te OL d n 8 judgment. * * * ೬ ಪ 10 le e. n- this situation, le AS it in this general report. ne Sixth and finally, in this listing of the results of the world's first al re 2832 AMERICAN FOREIGN POLICY, 1950-1955 man. asny genc MIDIS bearing United Nations General Assembly on September 23, 1954 % stated butio of the bomb. No other event that has occurred has done so much toward taking the horror—the terror-out of the atom. De The first decade of man's mastery of the atom, in its actual applica- thos tion, began on an early morning in July of 1945 in a blinding flash zoril over the sands of Alamogordo. The monstrous Djinn had been pret released from the bottle. The second decade of the atom may be some said to have begun in Geneva, 10 years later, but this time it emerged, Katie not as a terrifying monster, but as the powerful, obedient servant of sol Wider horizons of grander view were opened. To many, it le must have seemed that, overnight, the atom had been transformed Th from a thing of fear and terror to a promise of great blessing. History may record that in Geneva, at the opening of this second time decade of the atom, mankind's stake in peace was lifted out of the the paralysis of fear to a vision so compelling as to render unthinkablerme the very notion of another major war. If the conference produced upo such a vision, it made a good and auspicious beginning. We must under not allow that vision to fadereither for us or for other men. prble 27. SUMMARY OF ATOMIC ENERGY NEGOTIATIONS: Report to the President by the United States Representative for Inter- national Atomic Energy Negotiations,' November 30, 1955 (Excerpt) The following is a progress report of my activities for the year during which I have served. I. Discussions Abroad In December 1954, at the suggestion of the Joint Atomic Energy Committee of the Congress, I joined certain of its members in visiting a number of European countries to determine the international re- sponse to our "Atoms for Peace” program. In Turkey, Greece, Italy , Spain, Portugal, France, and Switzerland, I consulted the individuals in government and in business chiefly concerned with atomic energy programs. It was apparent that the prospective demand for power intern in all these countries far exceeded their conventional fuel resources and that all of them would seek as rapidly as possible to develop atomic power programs. It was clear that they wished to cooperate and exchange information immediately with the United States They preferred not to wait for the creation of an International Agency. We II. Negotiations for an International Atomic Energy Agency The Secretary of State in his opening statement to the Ninth set i and t. carrie mann Am ment functi Luv | day-te There broad cenc the G Gover timp a two The comp S possi ] of Go RE 1 Morehead Patterson. 2 Department of State Bulletin, Jan. 2, 1956, pp. 5–7. 3 For the full text of this statement, see supra, pp. 92–100. FC Det. 2 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2833 Oct. 24, 1955, pp. 666-672. en (international situation. It is clear that for a number of years the lof Governors dependent upon the size of contributions. ? For the text of the draft Statute, see the Department of State Bulletinha Res. 810 (IX) of Dec. 4, 1954; supra, doc. 24. ch had the U.S. efforts "have been and will be directed primarily toward he following ends: 1) The creation of an International Agency those initial membership will include nations from all regions of the sh forld . It is hoped that such an Agency will start its work as early as ed year.” The view of the United States that the Agency should ve into being as soon as possible became the view of the United dations when the General Assembly by_a unanimous vote passed a of solution expressing "the hope that the International Atomic Energy it deney will be established without delay.” 1 ed This raised a basic issue-how it would be possible to solve the 2017 complicated problems and troublesome details and at the same nd fine establish an Agency at an early date. It was my conclusion that the file draft Statute of the Agency should be a broad constitutional ble amework--a statement of general principles rather than a point- ed w-point revelation of details--which would leave the Agency free ust v develop primarily as an operating Agency after its creation. The gency should be led and operated by experts in the field and ad- ministrators qualified to meet and cope with the uncharted and evolving roblems which will have to be solved. I proceeded on this basis, earing constantly in mind the examples of the International Bank sort and the International Monetary Fund as organizations which have tried out great responsibilities in a businesslike and successful Among the problems which could be dealt with after the establish- ment of the Agency were the location of its headquarters and the functions it would assume under its broad grant of authority. It was clear that the membership as a whole could not deal with the sy-to-day technical problems which would confront the Agency. Therefore, we provided in the Statute for a Board of Governors with road authority to make most of the necessary decisions for the gency . The membership as a whole described in the Statute as me General Conference maintains its control over the Board of Governors through election of a number of its members and through aly, complete control over the purse. The budget must be approved by a two-thirds vote of the General Conference. The provisions of the Statute dealing with composition and selection the Board of Governors were designed to reflect the realities of the gency will secure its fissionable materials, its source materials and its de la sbnical skill troms aisserya Soama number of States. It would be tes urealisite to disregard this situation in developing a formula for composition and selection of the Board of Governors of the Agency. * Ne studied a number of methods of meeting this situation. One esibility was to provide a system of weighted voting in the Board This was er- manner, pt) Tear ing l'e- nals TET wer ces ted wtions. 415900_-57-Vol. 275 2834 AMERICAN FOREIGN POLICY, 1950–1955 ox to St De of to to Will Many comments have been received either through communications stu lationship of the Agency to the United Nations; c) procedures for / Another possible method of meeting this situation was to provide that certain countries with the most advanced atomic energy pro- grams should be permanent members of the Board of Governors . This did not seem desirable for two reasons: Over a period of years quite a number of additional States are likely to develop important atomic energy programs. Furthermore the possibility exists that a State designated as a permanent member would fail to make a sub- stantial contribution to the Agency The formula which we developed, while it necessarily could not fully satisfy everyone, seems to me a sound one. It places appro- priate emphasis upon contributions of fissionable materials , of technical M skills, and of source materials. It contemplates extensive changes in the composition of the Board as other States developed their resources of uranium and thorium and their atomic energy programs . US It provides substantial representation for countries which would be in a position to contribute neither fissionable materials nor source materials nor technical skills. ber I have gone into some detail in connection with this provision of the for Statute since it was far the most difficult problem which faced the negotiating group. Generally as the negotiating group clarified the problems and visualized in detail how the Agency would operate, solutions of other alo problems suggested themselves. Procedurally the negotiations developed somewhat as follows: Te The United States prepared a first draft of the Statute taking into consideration suggestions received from other negotiating States and also from the United Nations General Assembly debates. This draft was then submitted to the negotiating States on March 29, 1955 . During April and May the United States discussed this draft with all the negotiating States and also received further comments from in terested agencies of the United States Government which had not the participated in the original drafting. After a thorough discussion, it developed that there was sufficient sat unanimity among all negotiating States so that substantially all of enge the suggested changes could be reconciled and incorporated into me new draft of the Statute. This new draft was transmitted to the Soviet Union on a confidential basis on July 29, 1955, and its cominents we were requested. It was distributed by the United States on behali of the negotiating States also on a confidential basis to all eighty-fou bar States Members of the United Nations or of the specialized agencies per on August 22, 1955. Comments on the Statute were requested from ext all States. to the State Department or through statements made in the recent debate on this subject in the Tenth General Assembly. These com ments indicate that differences in viewpoint as disclosed to date at mainly concentrated on a few points such as: a) composition manner of selection of the Board of Governors of the Agency; b) ne see USE ma III 195 im and the 1 2 3 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2835 d the encies particularly through distribution of radio-isotopes, through furnishing zations students in the United States. This cooperation involving exchange the installation of research reactors abroad. These research reactors 1 See Department of State Bulletin, Nov. 14, 1955, p. 798. 2 Res. 912 (X) of Dec. 3, 1955; infra. ovide approval of the budget and prorating among States of operating pro- expenses. nors. The United States and the other negotiating States have sought years give full consideration to the viewpoints expressed by all of the rtant States. It would not, however, be feasible to include within the at & negotiating group all States which have made comments. A group sub- of that size could not effectively work out the technical details of a Statute. Also a detailed discussion of the Statute in the General 1 not Assembly was undesirable at this stage. ppro- On October 21, the United States called for an Operating Level inical Meeting to consider further the draft Statute. The United States , anges their asked the Soviet Union, Czechoslovakia, India, and Brazil in addition to the original negotiating group to participate in this Meeting. The rams. be in USSR on October 1 had suggested such a meeting with the USSR and Czechoslovakia added to the original eight negotiating States. ource Thus the phase of the negotiations which I have conducted has now of the been merged with the negotiations with the USSR, heretofore reserved for the attention of the Secretary of State. The new group will seek to reconcile differences of viewpoint and to produce a Statute which will be acceptable to as many States as possible. On other many fundamental matters all States are thinking basically along the same lines. The differences of viewpoint, while substantial, lows: seem capable of reconciliation. The unanimous approval by the Tenth General Assembly of the resolution dealing with the peaceful uses of the atom 2 highlights the great progress that has already been made. 1956. III . Bilateral Agreements for Cooperation with The informal discussions among the eight States participating in not the drafting of a Statute for an International Agency had by December 1954 revealed that the drafting of a Statute of an International Agency icient satisfactory even to the eight States initially participating in the all of negotiations, would in itself be a considerable task. To secure the nto 8 views of all other States would certainly take a year. Therefore the immediate achievements in advancing the Atoms-for-Peace program ments were more likely to result from bilateral agreements for cooperation. The United States Atomic Energy Commission had already em- -four barked upon extensive programs to share the benefits of the atom from extensive libraries of unclassified information to countries in all areas of the world and through extensive programs for training foreign without formal agreements for cooperation. A further approach promising immediate results was a program for and into States This min- behalf 3 recent Coni- te are n and b) re- es for * See infra, doc. 36. 2836 AMERICAN FOREIGN POLICY, 1950–1955 4 . 6. 10. 11, 12. would furnish training in the type of problems that would be en- countered on a larger scale in the operation of power reactors. In addition, these research reactors would permit production abroad of a number of useful isotopes. In order for countries to receive from the United States the atomic fuel necessary for the operation of the research reactors, it is necessary 2 for them to enter into Agreements for Cooperation as provided by 3. Article 123 of the Atomic Energy Act of 1954. The discussions with several States which had already expressed an interest in such reactors disclosed that conditions and requirements in most countries 7. were sufficiently similar so that a standard form of agreement could be & prepared. Accordingly, the Department of State and the Atomic Energy Commission developed such an agreement which was first made available on March 22, 1955. It was necessary that the Agreements for Cooperation be negotiated and initialed by approximately June 15 lest the adjournment of 13. Congress in early August might make compliance with the thirty day 16 waiting provision of Article 123 of the Atomic Energy Act of 1954 %. impossible until February of next year. The Missions in Washington of thirty-four States were contacted and twenty-four such Bilateral 2. Agreements were initialed. Nineteen of these Agreements were 21. initialed in time to become effective prior to the adjournment of Congress. (Annex I) IV. Geneva Technical Conference I attended the UN Technical Conference in Geneva from August 7 27 to August 20, accompanied by my Special Assistant. We discussed informally problems relating to the International Atomic Energy Agency with a large number of delegations. 28 ANNEX I P Missions Contacted N E 1. Argentina 18. Italy G 2. Australia 19. Japan 3. Austria 20. Korea 4. Brazil 21. Lebanon 1 5. Burma 22. Mexico 6. Chile 23. Netherlands 7. China 24. New Zealand 8. Colombia 25. Pakistan 9. Denmark 26. Peru 10. Egypt 27. Philippines 11. Finland 28. Portugal 12. France 29. Spain 13. Greece 30. Switzerland 14. India 31. Thailand 15. Indonesia 32. Turkey 16. Ireland 33. Union of South Africa 17. Israel 34. Venezuela $ ato! I end amo I' enla agre prio the Uni 1 Act of Aug. 30, 1954; infra, doc. 37. (AK 2 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2837 of a 1 1 - - - - - 1 1 - - - - 1 - - 1 - - - 1954 | 17. Peru.. - - - atomic energy for peaceful purposes, ameliorate their living conditions, | enlarged to include all bilateral agreements initialed or signed in 1955. | agreements with Belgium, Canada, and the United Kingdom were not initialed | prior to signature. All agreements entered into force on date of signature with | United Kingdom, Canada, and Belgium, July 21, 1955. the following exceptions: Netherlands, Dec. 30, 1955; Japan, Dec. 27, 1955; ? U.N. General Assembly, Official Records, Tenth Session, Supplement No. 19 BILATERAL AGREEMENTS FOR COOPERATION INITIALED OR SIGNED 1 en- In Country Date Initialed Date Signed TIAS mic 1. Argentina June 7, 1955 July 29, 1955 3299 sary 2. Belgium June 15, 1955 3301 by 1 3. Brazil. May 31, 1955 Aug. 3, 1955 3303 ions 4. Canada. June 15, 1955 3304 3. Chile. such June 20, 1955 3306 Aug. 8, 1955 6. China. June 14, 1955 July 18, 1955 3307 ries 7. Colombia. May 31, 1955 July 19, 1955 3308 d be 8. Denmark June 10, 1955 July 25, 1955 3309 imic 9. Greece. June 22, 1955 Aug. 4, 1955 3310 first 10. Israel. June 3, 1955 July 12, 1955 3311 11. Italy June 7, 1955 July 28, 1955 3312 12. Japan. June 21, 1955 Nov. 14, 1955 3465 ated 13. Korea- July 1, 1955 Feb. 3, 1956 3490 t of 14. Lebanon June 2, 1955 July 18, 1955 3313 15. Netherlands. day June 14, 1955 | July 18, 1955 3461 16. Pakistan. June 15, 1955 Aug. 11, 1955 3315 . July 1, 1955 Jan. 25, 1956 3483 gton ( 18. Philippines June 14, 1955 July 27, 1955 3316 teral 19. Portugal..-- June 14, 1955 July 21, 1955 3317 20. Spain. were June 7, 1955 July 19, 1955 3318 21, Sweden July 1, 1955 Jan. 13, 1956 3477 22. Switzerland.. June 10, 1955 July 18, 1955 3319 July 11, 1955 Mar. 13, 1956 3522 May 3, 1955 June 10, 1955 3320 June 15, 1955 3321 June 24, 1955 Jan, 13, 1956 3476 June 14, 1955 July 21, 1955 3323 issed ergy 28. ADDITIONAL INTERNATIONAL CONFERENCES ON THE PEACEFUL USES OF ATOMIC ENERGY AND CONTINUED NEGOTIATIONS FOR AN INTERNATIONAL ATOMIC EN- ERGY AGENCY: Resolution 912 (X) of the United Nations General Assembly, December 3, 1955 2 Desiring that mankind should be enabled to make the fullest use of end that it will serve only the peaceful pursuits of mankind and This table, based on a list in Mr. Patterson's report, has been revised and The it of - - 1 - - 23. Thailand... 24, Turkey 25. United Kingdom. 26. Uruguay -- ist 7 27. Venezuela--- - 1 1 1 The General Assembly (A/3116), pp. 4-5. 2838 AMERICAN FOREIGN POLICY, 1950-1955 gi pa Ass pre the mer the present resolution and in consultation with the appropriate special invitations to the conference in accordance with paragraphs 3 and Recognizing the deep interest of all Members of the United Nations in achieving these ends, G Recalling its resolution 810 (IX) of 4 December 1954 ' concerning international co-operation in developing the peaceful uses of atomic energy, and recognizing that, in accordance with that resolution, sig. nificant progress is being made in promoting international co-operation for this purpose, Having considered the report (A/2967) of the Secretary-General , submitted pursuant to paragraph 8 of section B of the above-men- tioned resolution, on the International Conference on the Peaceful Uses of Atomic Energy held in Geneva from 8 to 20 August 1955, Recognizing the necessity of ensuring that the facilities of the International Atomic Energy Agency and such fissionable material as may be placed at its disposal are not used for, or diverted to, other than peaceful purposes, GODE Believing that continuing international co-operation is essential Ato for further developing and expanding the peaceful uses of atomic Go- energy, 2 A CONCERNING INTERNATIONAL CONFERENCES ON THE PEACEFUL USES OF ATOMIC ENERGY Age 1. Expresses its satisfaction with the proceedings of the International 3 Conference on the Peaceful Uses of Atomic Energy convened in 1 accordance with General Assembly resolution 810 (IX), and com: Rep mends the participants therein for the high scientific quality of the pom papers and discussions, and for the spirit of co-operation which pre- lte vailed at the Conference; 2. Notes the impressive results achieved by the Conference in the facilitating the free flow of scientific knowledge relating to the produc Gen tion and peaceful uses of atomic energy and in laying a foundation Com for the fuller exchange of information on the development of atomic energy for the aims of human welfare; 3. Expresses its appreciation of the work of the Secretary-General and of the Advisory Committee established under paragraph 5 of section B of resolution 810 (IX) in preparing and Conference; 4. Recommends that a second international conference for the ol exchange of technical information regarding the peaceful uses atomic energy should be held under the auspices of the United Nations in two to three years time; 5. Requests the Secretary-General , acting upon the advice of the Advisory Committee referred to in paragraph 7 of section A of the peri of section B of resolution 810 (IX), to prepare and circulate an and to provide the necessary staff and services; 4 pres 5. reso ganizing th tion cont 6. Arse 7. esta agends 11 Pp. and 1 Supra, doc, 24. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2839 || periodical devoted to the peaceful uses of atomic energy. CONCERNING AN INTERNATIONAL ATOMIC ENERGY AGENCY 1 Committee referred to in paragraph. 7 of Section A of the present established, consider the desirability of arranging for an international | pp. 666-672. The text was circulated by the U.S. to other members of the U.N. and the specialized agencies on Aug. 22, 1955. 6. Invites the specialized agencies to consult with the Secretary- General and the Advisory Committee with a view to ensuring proper co-ordination between the conference referred to in paragraph 4 above and such technical conferences as they or their affiliated non- governmental scientific organizations may convene on the more specialized aspects of the peaceful uses of atomic energy; 7. Decides to continue the Advisory Committee established under paragraph 5 of section B of resolution 810 (IX) in order that it may assist the Secretary-General in carrying out the provisions of the present resolution. B 1. Notes with satisfaction that substantial progress has been made toward negotiation of a draft statute establishing an International Atomic Energy Agency and that this draft has been circulated to Governments for their consideration and comment; 2. Welcomes the announced intention of Governments sponsoring the Agency to invite all States Members of the United Nations or members of the specialized agencies to participate in a conference on the final text of the statute of the International Atomic Energy Agency: 3. Further welcomes the extension of invitations to the Governments of Brazil, Czechoslovakia, India and the Union of Soviet Socialist Republics to participate, as Governments concerned, with the present sponsoring Governments in negotiations on the draft statute of the International Atomic Energy Agency; 4. Recommends that the Governments concerned take into account the views expressed on the Agency during the present session of the General Assembly, as well as the comments transmitted directly by Governments, and that they take all possible measures to establish the Agency without delay, bearing in mind the provisions of the 5. Requests the Secretary-General, in consultation with the Advisory tional Atomic Energy Agency to the United Nations, and to transmit conference referred to in paragraph 2 of section B above is convened; 1.8Requests the Governments concerned to report to the General as appropriate; 7. Suggests that the International Atomic Energy Agency, when present resolution: 1 S Assembly So 1 } e. Per text of Draft Statute, see Department of State Bulletin, Oct. 24, 1955, 2840 AMERICAN FOREIGN POLICY, 1950–1955 par regu 3. 19D07 data CODICE mber Japa (d) To review and collate national reports, referred to in sub- or earlier if the assembled facts warrant, a summary of the reports environment together with the evaluations provided for in sub- 29. EFFECTS OF IONIZING RADIATION: Resolution 913 (8) of the United Nations General Assembly, December 3, 1955 doc The General Assembly, for Recognizing the importance of, and the widespread attention being Nata given to, problems relating to the effects of ionizing radiation upon man and his environment, 3. Believing that the widest distribution should be given to all available app scientific data on the short-term and long-term effects upon man and prov his environment of ionizing radiation, including radiation levels and 4 radio-active "fallout", Noting that studies of this problem are being conducted in various dio countries, Believing that the peoples of the world should be more fully informed 5. on this subject, 1. Establishes a scientific Committee consisting of Argentina , Australia, Belgium, Brazil, Canada, Czechoslovakia, Egypt, France , 6. India, Japan, Mexico, Sweden, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, and requests the Governments of these 7. countries each to designate one scientist, with alternates and con- sultants as appropriate, to be its representative on this Committee; 2. Requests the Committee: (a) To receive and assemble in an appropriate and useful form the following radiological information furnished by States Members of G. O the United Nations or members of the specialized agencies: (i) reports on observed levels of ionizing radiation and radio- activity in the environment; (ii) reports on scientific observations and experiments relevant to the effects of ionizing radiation upon man and his environ). A ment already under way or later undertaken by national Pro scientific bodies or by authorities of national Governments ; Co. (6) To recommend uniform standards with respect to procedures for sample collection and instrumentation, and radiation counting It is procedures to be used in analyses of samples; (C) To compile and assemble in an integrated manner the variou reports, referred to in sub-paragraph (a) (1) above, on observed radiological levels; paragraph (a) (i) above, evaluating each report to determine is usefulness for the purposes of the Committee; (e) To make yearly progress reports and to develop by 1 July 1958 appr ceedi M Dis cover tive ( tific imit: Afi lisasi Then that guari Tarn mutu 1 U.N. General Assembly, Official Records, Tenth Session, Supplement Ne. A ID (A/3116), p. 5. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2841 Department of State Bulletin, Aug. 1, 1955, pp. 173-174. i ordination; limitation and control and reduction of armament. After our victory as allies in World War II, my country rapidly disarmed. Within a few years our armament was at a very that we had disarmed too much. rearm and to associate with others in a partnership for peace and for paragraph (d) above and indications of research projects which might mquire further study; iTo transmit from time to time, as it deems appropriate, the documents and evaluations referred to above to the Secretary-General for publication and dissemination to States Members of the United Nations or members of the specialized agencies; 3. Requests the Secretary-General to provide the Committee with appropriate assistance in organizing and carrying on its work, and to provide a secretary of the Committee; 4. Calls upon all concerned to co-operate in making available rports and studies relating to the short-term and long-term effects ionizing radiation upon man and his environment and radiological data collected by them; 3. Requests the specialized agencies to concert with the Committee oncerning any work they may be doing or contemplating within the sphere of the Committee's terms of reference to assure proper co- 1.6 . Requests the Secretary-General to invite the Government of dapan to nominate a scientist, with alternatives and consultants as spropriate, to be its representative on the Committee; 7. Decides to transmit to the Committee the records of the pro- dedings of the General Assembly on the present item. G. CONSIDERATION OF METHODS OF DISARMA- MENT INSPECTION, 1955 M. AERIAL INSPECTION OF MILITARY INSTALLATIONS: Proposal by the President of the United States at the Geneva Conference of Heads of Government, July 21, 1955 1 Disarmament is one of the most important subjects on our agenda. is also extremely difficult. In recent years the scientists have dis- dovered methods of making weapons many, many times more destruc- ve of opposing armed forces but also of homes and industries and hresthan ever known or even imagined before. These same scien- the discoveries have made much more complex the problems of 1 1 } S low . peace we needed greater strength. Therefore we proceeded to mutual security. 2842 AMERICAN FOREIGN POLICY, 1950–1955 819 1 pun 0 m The American people are determined to maintain and, if necessary, bars increase this armed strength for as long a period as is necessary to the safeguard peace and to maintain our security. of But we know that a mutually dependable system for less armament both on the part of all nations would be a better way to safeguard peace tries and to maintain our security. do g It would ease the fears of war in the anxious hearts of people every- and where. It would lighten the burdens upon the backs of the people . It would make it possible for every nation, great and small , developed US and less developed, to advance the standards of living of its people , I to attain better food and clothing and shelter, more of education and larger enjoyment of life. Thes Therefore the United States Government is prepared to enter into a sound and reliable agreement making possible the reduction of arma- TA ment. I have directed that an intensive and thorough study of this lisho subject be made within our own Government. From these studies, the which are continuing, a very important principle is emerging to which each I referred in my opening statement on Monday. NO phy ADEQUATE INSPECTION AND REPORTING ESSENTIAL maka No sound and reliable agreement can be made unless it is completely to st covered by an inspection and reporting system adequate to support every portion of the agreement. The lessons of history teach us that disarmament agreements without adequate reciprocal inspection in- crease the dangers of war and do not brighten the prospects of peace , Thus it is my view that the priority attention of our combined study effect of disarmament should be upon the subject of inspection and reporting , Questions suggest themselves. How effective an inspection system can be designed which would No be mutually and reciprocally acceptable within our countries and the other nations of the world? How would such a system operate? What could it accomplish? Is certainty against surprise aggression tions attainable by inspection? Could violations be discovered promptly such and effectively counteracted? other We have not as yet been able to discover any scientific or inspection method which would make certain of the elimination of nuclear weapons. So far as we are aware no other nation has made such a discovery. Our study of this problem is continuing. We the s have not as yet been able to discover any accounting or other inspec tion method of being certain of the true budgetary facts of total expenditures for armament. Our study of this problem is continuing . We by no means exclude the possibility of finding useful checks in these fields. As you can see from these statements, it is our impression that many past proposals of disarmament are more sweeping than can be insured by effective inspection. Gentlemen, since I have been working on this memorandum to present to this conference, I have been searching my heart and mind great Liker prop tion. on D and TI relia] PROV of SU whic TE nity Prac suit o of th only teste 1 Statement of July 18, 1955; supra, pp. 2009–2012. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2843 Practical progress to lasting peace is his fondest hope. being, and freedom for the people of the world can be achieved, but for something that I could say here that could convince everyone of the great sincerity of the United States in approaching this problem disarmament. I should address myself for a moment principally to the delegates from the Soviet Union, because our two great coun- tries admittedly possess new and terrible weapons in quantities which d give rise in other parts of the world, or reciprocally, to the fears and dangers of surprise attack. U.S. PROPOSAL I propose, therefore, that we take a practical step, that we begin an arrangement, very quickly, as between ourselves-immediately. These steps would include: To give to each other a complete blueprint of our military estab- lishments, from beginning to end, from one end of our countries to the other; lay out the establishments and provide the blueprints to ach other. Next, to provide within our countries facilities for aerial photogra- ply to the other country--we to provide you the facilities within our wuntry, ample facilities for aerial reconnaissance, where you can make all the pictures you choose and take them to your own country to study; you to provide exactly the same facilities for us and we to make these examinations, and by this step to convince the world that we are providing as between ourselves against the possibility of great surprise attack, thus lessening danger and relaxing tension. Likewise we will make more easily attainable a comprehensive and eflective system of inspection and disarmament, because what I propose, I assure you, would be but a beginning. Now from my statements I believe you will anticipate my sugges- tion. It is that we instruct our representatives in the Subcommittee on Disarmament in discharge of their mandate from the United Na- taas to give priority effort to the study of inspection and reporting. Such a study could well include a step-by-step testing of inspection and reporting methods. The United States is ready to proceed in the study and testing of a reliable system of inspections and reporting and, when that system is proved, then to reduce armaments with aſ others to the extent that system will provide assured results. The successful working out of such a system would do much to develop the mutual confidence which will open wide the avenues of progress for all our peoples. The quest for peace is the statesman's most exacting duty. Secu- my of the nation entrusted to his care is his greatest responsibility. Ỹet in pur- the people's security. A sound peace-with security, justice, well- tested road. 2844 AMERICAN FOREIGN POLICY, 1950–1955 3. Театр Nati 31. SYSTEM OF INSPECTION: Letter From the President of the United States to the Chairman of the Council of Ministers of the Soviet Union, October 11, 1955 1 DEAR MR. CHAIRMAN: I wish to thank you for your letter of September 19, 1955 ? about my Geneva proposal of July 21 3 that we exchange information about military establishments and permit reciprocal aerial inspection over our two countries. You raise a good many questions, and I shall not be able to reply to them until the doctors let me do more than at present. In any event, a full reply calls for preliminary work by my advisers and this is actively under way. Let me now say, however, that I am encouraged that you are giving such full consideration to my Geneva proposal. I hope that we can agree on it, not as a cure-all, but, as I said at Geneva, to show a spirit of non-aggressiveness on both sides and so to create a fresh atmosphere which would dispel much of the present fear and suspicion. This, of itself, would be worthwhile. It would, I believe, make it more pos- sible to make progress in terms of comprehensive plans for inspection, controls and reductions of armament, which will satisfy the high hopes of our peoples, and indeed of all the world. I have not forgotten your proposal having to do with stationing inspection teams at key points in our countries," and if you feel this would help to create the better spirit I refer to, we could accept that too. bo and C 0&010 deve gre d S the conti le Datic clan thera (f) appr migh mak ofnu Iki 4. 32. FURTHER STUDY OF THE PROBLEM OF DISARMAMENT: Drehe Proposal Submitted by the Governments of the United States, PERC the United Kingdom, and France at the Geneva Meeting of Foreignhuma Ministers, November 10, 1955 5. 5 arma fear 1 6. state 2 to he 6 The four Ministers of Foreign Affairs 1. Note that their representatives on the subcommittee of the pher United Nations Disarmament Commission, in the pursuit of their efforts to establish a satisfactory system of disarmament, have fol- lowed the directive given by the four Heads of Government at Geneva on July 27, 1955; 2. Take note of the work the subcommittee has accomplished in sleg the spirit of the conference of the Heads of Government during its Presi meetings in New York from August 29 to October 7, 1955, and express stab their appreciation to the subcommittee for its efforts; Department of State Bulletin, Oct. 24, 1955, pp. 643–644. 2 Ibid., pp. 644-647. See the Soviet proposal of May 10, 1955; Department of State Bulletin , May 30, 1955, pp. 904–905. October 27-November 16, 1955 (Department of State publication 6156; 1950 5*Ibid., Nov 21, 1955, pp. 831–832; The Geneva Meeting of Foreign Ministers pp. 199–201. British Foreign Secretary Macmillan submitted the proposal oz behalf of the United States, the United Kingdom, and France. 6 Supra, pp. 2015–2016. of th July 1 b Hon 3 Supra. AS BU on Ji Se DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2845 | blueprints and aerial inspection on the basis of the proposal of the | President of the United States of July 21, 1955,' and (ii) A plan for establishing control posts at key points, as suggested in the proposals suggested in the proposals made by the Prime Minister of France n July 22, 1955,3 and (ii) To study how best to gain practical ex- The Geneva Conference of Heads of Government, pp. 55–56. See the French memorandum of July 21, 1955; ibid., pp. 60–62. 3. Express their agreement on the following: (a) The renunciation of the use of nuclear weapons and all other Teapons in any manner inconsistent with the Charter of the United Nations, (b) The need to arrive at limitations and reductions of armaments und of armed forces, (c) The need to devote to the peaceful economic development of nations, for raising their well being, as well as for assistance to less developed countries, the material resources that would be released by greements in the disarmament field, (d) The fact that an effective system of inspection and control is the keystone of any disarmament program, and, consequently, the need to establish an organ responsible for the inspection and control of agreed measures of disarmament under effective safeguards, 6) The fact that there are possibilities beyond the reach of inter- national control for evading this control and for organizing the dandestine manufacture of atomic and hydrogen weapons even there is a formal agreement on international control, (1) The need for continued scientific search by each state, with appropriate consultation between governments, for methods which might be derived from evolving scientific knowledge that would neke possible a thoroughly effective inspection and control system Anuclear weapons material as part of a disarmament program covering 4. Declare their intent to continue to seek agreements on a com- prehensive program for disarmament which will promote international peace and security with the least diversion for armament of the world's buman and economic resources; 5. Recognize that inspection, control, limitation and reduction of armaments can best be achieved in an atmosphere which is free of 6. Propose accordingly that, as a contribution to such an atmos- phere and as a prelude to a general disarmament programme, the 2) Should agree promptly to put into early operation, in order o help prevent a surprise attack: (i) A plan for exchange of military of U. S. (b) should also agree: (i) To arrange for the exchange and publica- 1 of information regarding military expenditures and budgets, all kinds of armaments; lear and suspicion; states concerned: . July 21, 1955, ...............; i..... . 2846 AMERICAN FOREIGN POLICY, 1950–1955 2. CIC NYOL bord Sovie world. The people everywhere felt instinctively that his proposal, betwe *3 See Mr. Molotov's statement of Nov. 10, 1955; The Geneva Meeting of Foreigi perience regarding the problems of inspection and control , as sug- gested by the Prime Minister of the United Kingdom on July 21, 1955.1 Stat or ti 7. Direct their representatives on the United Nations Disarma- ment Commission to request that its subcommittee be reconvened DATE at an early date and continue to seek an acceptable solution to the Cert problem of disarmament. mei kuma ant 33. RECIPROCAL INSPECTION AND SUPERVISION: Statement mith by the Secretary of State at the Geneva Meeting of Foreign Min- Th isters, November 11, 1955 2 I shall speak first with reference to the statements of the Soviet begin delegation 3 regarding President Eisenhower's 'proposal for an ex-sove change of military blueprints and reciprocal aerial reconnaissance.no The Soviet delegation says that "no doubt President Eisenhowerin was guided by the best of intentions." 5 But the Soviet delegations concludes that, whereas President Eisenhower thought and said that the his proposal would lessen danger and relax tension, the Soviet Union State has come to the conclusion that it would work in exactly the opposite tone way and would increase danger and tension. In essence, the Soviet Union says that, although President Eisenbasis hower has good intentions, he has bad judgment regarding these overs matters of war and peace. With this conclusion we cannot agree, Of and we believe that most of the world will also not agree. It is here not easy to disparage the judgment of one who won worldwide sid , renown as the military leader of the great coalition which won Bu victory in the West for freedom. When President Eisenhower made his proposal to Chairman rouk Bulganin, it was greeted with a wave of acclaim throughout the whole sobie if accepted, would, for all practical purposes, mean an ending of the com danger of war between our two countries. I believe that the instinct of the people of the world was right, the I do not think that they will be convinced to the contrary by the 3. arguments which Mr. Molotov yesterday put forward. I shall take up these arguments one by one and comment on them. 1. It is said that the link between the Eisenhower proposal and disarmament is not clear. But, in fact, the proposal was made as a prelude to a program for a mutually dependable system for less armament. 1 The Geneva Conference of Heads of Government, p. 59. ] 2 Department of State Bulletin, Nov. 28, 1955, pp. 872–875; see also ibili post pp. 875–876. 1955), pp. 177 ff. 4 Proposal of July 21, 1955; supra, doc. 30. 5 The Geneva Meeting of Foreign Ministers, p. 181. the decisi It S expei It plane WU parec refus diver 4. junct St DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2847 1 Statement of July 21, 1955; supra, doc. 30. to- 1 rer end war to purposes of peace. The United States, I may say, is pre- meluse to embark on a great project for peace because it required a diversion of resources from war. srid., not provide for “the setting up of control posts at ports, Junctions, and so forth. I am surprised to hear this argument 2. The Soviet delegation points out that the Eisenhower proposal 1, alers solely to the territory of the Soviet Union and of the United Mates and would not cover the forces of these two countries elsewhere, or the forces of our Allies. It is quite true that both the Soviet Union and the United States ed we substantial military forces beyond their sovereign border. he Certainly, the Government of the Soviet Union will not deny that it maintains substantial forces in East Germany, Poland, Hungary, Sumania, and other places and locations. However, the most impor- mat forces of both the Soviet Union and the United States are located nt rithin their sovereign borders. The overwhelming portion of the forces that would be inevitably arolved in an attack are located in both instances within the sovereign orders. This, then, is the place to begin. It is the place where a iet teginning can be made promptly because it would not require the x= vereign decision of many nations or raise the problems involved in e. egotiating agreements with some 40 to 50 other countries. The Governments of France and the United Kingdom have already on ssociated themselves with the Eisenhower proposal. Furthermore, at ithe Eisenhower proposal is accepted by the Soviet Union, the United on Sates would be prepared to proceed promptly, so far as it is concerned, ite o negotiate both with other sovereign states involved and with the Soviet Union for the appropriate extension on a reciprocal, equitable 20-asis of the Eisenhower proposal and the Bulganin control posts to ese merseas bases, and to the forces of other countries. een Of course, President Eisenhower realized that what he proposed is dere last July was only a beginning. I recall his exact words. He de said , "What propose, I assure you would be but a beginning.” 1 The But it is the beginning, the initial breakthrough, that is often decisive. As President Eisenhower emphasized, the spirit of peace can rould more surely reign and further disarmament more surely be ole selieved if mutual understanding and reciprocal openness existed as sal , between the two countries which have the greatest stockpiles of It is that moral aspect of President Eisenhower's proposal which ht . the Soviet Union seems entirely to have missed. the 2. In the third place, objection is made to what is called “enormous ake mpenditures” which would be required to carry out aerial photography, It is quite true that there would be considerable expense and that planes and technical facilities might have to be diverted from purposes , I , railway the atomic weapons. S & less " gign 156; 2848 , AMERICAN FOREIGN POLICY, 1950-1955 mai weg SOFT 01 made after Chairman Bulganin has received President Eisenhower's mai letter of October 11, in which President Eisenhower said: Ide I have not forgotten your proposal having to do with stationing inspection teams at key points in our countries, and if you feel this would help to create the better spirit I refer to, we could accept that too. prog ato 5. Finally, it is argued that the Eisenhower plan would increase the plec risk of war because it would give countries information about the I. military installations of each other and thus enable an aggressor touc make a more effective surprise attack. prej I know that the Soviet Union has ample information about the United States and about our military and industrial dispositions . T And the United States is not totally ignorant of the Soviet Union , the Both of us, I surmise, know enough to attack. What is lacking is ator the deterrent to attack which would come if preparations for attack the can be detected so that the aggressor does not have the benefit of T surprise. plat That is the way in which the Eisenhower proposal would work I powerfully for peace. be SOVIET POSITION ON AERIAL PHOTOGRAPHY full We do not ignore the fact that the Soviet Union, although rejecting I President Eisenhower's proposal, as he made it, indicates that it would accept a concept of aerial photography as one of the forms of control to be considered, as the Soviet Union puts it, "at the con- cluding stage of the implementation of measures to reduce armaments nati and prohibit atomic weapons." We accept this statement of the Soviet Union as a welcome advance Uni over prior Soviet positions. We are, nevertheless, grievously dis- appointed that the Soviet Union now rejects President Eisenhower's for proposal as a beginning step to lessen tension between our countries the and open the path to further steps for inspection and control , and to reduction of armament based thereon. Perhaps, however, the Soviet delegation's statement of yesterday Un does not represent the last word of the Soviet Union. I recall the initial negative reaction of the Soviet Union toward wa President Eisenhower's atoms-for-peace proposal made in December 1953 before the United Nations. I also remember that by July 1955 the Soviet Union had come to accept in principle that proposal I still hope that there will be a similar evolution of Soviet thinking with reference to President Eisenhower's proposal for exchanges Un blueprints and reciprocal aerial photography, although I hope that the time lapse will be shorter because time presses. SOVIETS' ATOMIC PROPOSALS I turn now to the proposal introduced yesterday by the Soviet delegation on this topic of disarmament, a proposal which in the 1 Supra, doc. 31. 2 The Geneva Meeting of Foreign Ministers, p. 183. 3 Ibid., pp. 184-186. * 2 Un NE ina ass rea 1 this gen SUC. ven 1 Ma DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2849 gen weapons, even if there is a formal agieement on international control. In such a situation the security of the states signatory to the international con- vention cannot be guaranteed, since the possibility would be open to a potential For the full text of the Soviet proposals, see Department of State Bulletin, May 30, 1955, pp. 900-905. ion the weapons. ns. ick ar's main is a duplication of prior proposals made on various occasions. I deal with this proposal myself only in so far as it deals with atomic matters. There are four items with reference to atomic matters. One is that was one of the first measures for the execution of the the program for the reduction of armaments and the prohibition of stomic weapons, states processing atomic and hydrogen weapons the pledge themselves to discontinue tests of these weapons. the Let me say that, if agreement can be reached to eliminate or limit to nuclear weapons under proper safeguards, the United States would be prepared to agree to corresponding restrictions on the testing of such Then there are two rather similar items, one of which suggests that on. the four powers would pledge themselves "not to be the first to use Istomic and hydrogen weapons," and the other of which suggests that they should "pledge themselves not to use nuclear weapons.” of These suggestions are subject to the grave defect that they contem- plate only promises. ork It is basic in the United States policy not to allow its security to be dependent upon promises and agreements which may prove illu- sory. We had this week a grave disillusionment when we sought fulfillment of the Soviet agreement that Germany should be reunified ing by free elections. it It can hardly be expected that the United States would depend of upon pledges which cannot be relied upon and for the performance of which no dependable controls are provided. We further point out that if a war begins it will be because some nation has violated the solemn pledge contained in the charter of the United Nations, and found in many other international agreements, dis- to refrain in their international relations from the threat or use of er's any manner inconsistent with the charter. If a nation breaks cies that pledge, how can we assume that it will live up to its pledge not end use atomic weapons, or not to be the first to use them? The United States has agreed not to use force against the Soviet Union lay in violation of the charter of the United Nations. But if the Soviet Union does not believe that we shall live by that pledge, why does it ard want more pledges? And vice versa? ber FOR "ATMOSPHERE OF TRUST" ing be o imated, I call attention to the powerful statement made by the Soviet of Union in its May 10 proposals, wed the effect that there can be no assurance of the elimination of atomic weapons. I should like to There are possibilities beyond the reach of international control for evading bis control and for organizing the clandestine manufacture of atomic and hydro nts ace force in to NEED 955 With read from that statement: riet the 415900--57-Vol. 2-76 2850 AMERICAN FOREIGN POLICY, 1950–1955 34. 0 t 1 gt em for ford veg mit pui aggressor to accumulate stocks of atomic and hydrogen weapons for a surprise atomic attack on peace-loving states. Until an atmosphere of trust has been created in relations between states, any agreement on the institution of international control can only serve to lull the vigilance of the peoples. It will create a false sense of security, while in reality there will be a danger of the production of atomic and hydrogen weapons and hence the threat of surprise attack and the unleashing of an atomic war with all its appalling consequences for the people. It is the danger so graphically portrayed by the Soviet Union that creates the problem with which we are all wrestling. It will, we assume, come again before the United Nations disarmament sub- committee. We here are obviously unable to solve that problem, nor are we prepared to anticipate what will be the conclusions of the scientific experts who are dealing with the matter, It will be recalled that in the proposal which the three Western powers submitted yesterday' we called for "continued scientific search by each state, with appropriate consultation between govern- ments, for methods which might be derived from evolving scientific knowledge that would make possible a thoroughly effective inspection and control system of nuclear weapons material as part of a dis- armament program covering all kinds of armaments.” It cannot reasonably be expected that we here shall agree to an elimination of nuclear weapons in the face of the difficulties and dangers to which the Soviet Union has itself directed our attention and which create a situation such that in the words of the Soviet Union--we cannot be assured "until an atmosphere of trust has been created in relations between states." We can only regret that at this conference the position of the Soviet Union has brought no progress, but retrogression, as regards "an atmosphere of trust.” It is more than ever inevitable that the United States should adhere closely to the position which President Eisenhower set forth in his address of July 25, 1955: In the matter of disarmament, the American Government believes that an effective disarmament system can be reached only if at its base there is an effective reciprocal inspection and overall supervision system, one in which we can have confidence and each side can know that the other side is carrying out its com- mitments. I have given the reasons why the United States cannot entertain disarmament proposals from the Soviet Union which are predicated upon mutual trust and confidence, which does not now exist. We urge that the Soviet Union realistically accept that fact and that through the United Nations disarmament subcommittee we develop as rapidly and as fully as possible an effective reciprocal inspection and overall supervision system. Then we would, indeed, have a basis for the reduction of armaments which we all want and which would enable the resources of the world more fully to be dedicated to the welfare of mankind. the ani of ful Th fea prc SUC fou ant at 2 the ther 1 C01 ng of On the ро 1 1 Supra. 2 For the full text of this address, see supra, pp. 111-114. (A DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2851 se iy he ty id ill ve b- nh, le S- the Disarmament Commission, Noting that agreement has not yet been reached on the rights, powers and functions of a control system, which is the keystone of (A/3116), pp. 5-6. a Ibid., Ninth Session, Supplement No. 21 (A/2890), pp. 3-4. 34. PROPOSAL FOR CONCLUSION OF AN INTERNATIONAL CONVENTION (TREATY) ON THE REDUCTION OF ARMA- MENTS AND THE PROHIBITION OF ATOMIC, HYDROGEN AND OTHER WEAPONS OF MASS DESTRUCTION: Resolu- tion 914 (X) of the United Nations General Assembly, December 16, 1955 1 at The General Assembly, Recalling its resolution 808 (IX) of 4 November 1954,2 which estab- lished the conclusion that a further effort should be made to reach agreement on comprehensive and co-ordinated proposals to be embodied in a draft international disarmament convention providing for: ' ic (a) The regulation, limitation and major reduction of all armed 1- forces and all conventional armaments, ic (6) The total prohibition of the use and manufacture of nuclear 1 weapons and weapons of mass destruction of every type, together with the conversion of existing stocks of nuclear weapons for peaceful purposes in © The establishment of effective international control, through a Id control organ with rights, powers and functions adequate to guarantee the effective observance of the agreed reductions of all armaments and armed forces and the prohibition of nuclear and other weapons of mass destruction, and to ensure the use of atomic energy for ful purposes only, $ The whole programme to be such that no State would have cause to re fear that its security was endangered, 0 of Expressing the hope that efforts to relax international tensions, to promote mutual confidence and to develop co-operation among States, such as the Geneva Conference of the Heads of Government of the four Powers, the Bandung Conference of Asian and African countries and the United Nations tenth anniversary commemorative meeting at San Francisco, will prove effective in promoting world peace, Desirous of contributing to the lowering of international tensions, the strengthening of confidence between States, the removal of the A threat of war and the reduction of the burden of armaments, Convinced therefore of the need to continue to seek agreement on a comprehensive programme for disarmament which will promote inter- peace and security with the least diversion for armaments d. of the world's human and economic resources, Welcoming the progress which has been made towards agreement en objectives during the meetings in 1955 of the Sub-Committee of 1 et n peace- LIS 1 je je 1- e national S e 1 2852 AMERICAN FOREIGN POLICY, 1950–1955 Com objec 6. infor whic SIOR MISS! tion 1 1 H. I 3. 2 Fi any disarmament agreement, nor on other essential matters set out in General Assembly resolution 808 (IX), Noting also that special technical difficulties have arisen in regard to the detection and control of nuclear weapons material, Recognizing further that inspection and control of disarmament can best be achieved in an atmosphere which is free of fear and suspicion, 1. Urges that the States concerned and particularly those on the Sub-Committee of the Disarmament Commission: (a) Should continue their endeavours to reach agreement on a com- prehensive disarmament plan in accordance with the goals set out in General Assembly resolution 808 (IX); (6) Should, as initial steps, give priority to early agreement on and implementation of: (i) Such confidence-building measures as the plan of Mr. Eisen- hower, President of the United States of America, for ex- changing military blueprints and mutual aerial inspection, and the plan of Mr. Bulganin, Prime Minister of the Union of Soviet Socialist Republics, for establishing control posts at strategic centres; (ü) All such measures of adequately safeguarded disarmament as are now feasible; 2. Suggests that account should also be taken of the proposals of the Prime Minister of France for exchanging and publishing informa- tion regarding military expenditures and budgets, of the Prime Min- ister of the United Kingdom of Great Britain and Northern Ireland for seeking practical experience in the problems of inspection and con- trol, and of the Government of India regarding the suspension of experimental explosions of nuclear weapons and an "armaments truce"; 3. Calls upon the States concerned, and especially those on the Sub-Committee of the Disarmament Commission, to study the pro- posal of the Prime Minister of France for the allocation of funds resulting from disarmament for improving the standards of living throughout the world and, in particular, in the less-developed coun- tries; 4. Recommends further that scientific search should be continued by each State, with appropriate consultation between Governments , for methods that would make possible thoroughly effective inspection and control of nuclear weapons material, having as its aim to facilitate the solution of the problem of comprehensive disarmament; 5. Suggests that the Disarmament Commission reconvene its Sub- Unit AppE 1946 prop II 5 ON trer befo eve ove this spel chil Cru ano long pp. 55–56. , , doc. 2 See Soviet proposal of July 21, 1965; The Geneva Conference of Heads all Government, July 18-23, 1955 (Department of State publication 6046; 1955), Proposal of July 21, 1955; ibid., pp. 60–62. 4 Ibid., p. 59. 5 Ibid., pp. 60–62. 3 1 2. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2853 in le 1- X- 1 overshadowed its potential for good. In the minds of most people crucial importance in international relations. The common defense Moreover, this Nation's monopoly of atomic weapons was of longed by the most stringent security safeguards. H. Doc. No. 328, 83d Cong., 2d sess. ? Act of Aug. 1, 1946; 60 Stat. 755. Committee and that both pursue their efforts to attain the above sbjectives; rd į. Decides to transmit to the Disarmament Commission, for its information, the records of the meetings of the First Committee at rhich the disarmament problem was discussed during the tenth ses- n, sion of the General Assembly, and requests the Disarmament Com- mission and the Sub-Committee to give careful and early considera- tion to the views expressed in those documents. 0- in id I. SHARING OF UNITED STATES ATOMIC ENERGY INFORMATION, 1954–1955 35. REVISION OF THE ATOMIC ENERGY ACT OF 1946: Message From the President to the Congress, February 17, 1954 1 To the Congress of the United States: it For the purpose of strengthening the defense and economy of the United States and of the free world, I recommend that the Congress spprove a number of amendments to the Atomic Energy Act of of 1946.? These amendments would accomplish this purpose, with proper security safeguards, through the following means: First, widened cooperation with our allies in certain atomic energy matters; of Second, improved procedures for the control and dissemina- tion of atomic energy information; and, Third, encouragement of broadened participation in the de- velopment of peacetime uses of atomic energy in the United & In 1946, when the Atomic Energy Act was written, the world was on the threshold of the atomic era. A new and elemental source of tremendous energy had been unlocked by the United States the year before. To harness its power in peaceful and productive service was even then our hope and our goal, but its awesome destructiveness spelled the erasure of cities and the mass death of men, women, and in ts 2- d OS States. - S NUCLEAR PROGRESS I e children. f 2854 AMERICAN FOREIGN POLICY, 1950–1955 In this atmosphere the Atomic Energy Act was written. Well suited to conditions then existing, the act in the main is still adequate to the Nation's needs. Since 1946, however, there has been great progress in nuclear science and technology. Generations of normal scientific development have been compressed into less than a decade. Each successive year has seen technological advances in atomic energy exceeding even pro- gressive estimates. The anticipations of 1946, when Government policy was established and the Atomic Energy Act was written, have been far outdistanced. One popular assumption of 1946—that the United States could maintain its monopoly in atomic weapons for an appreciable time- was quickly proved invalid. That monopoly disappeared in 1949 , only 3 years after the Atomic Energy Act was enacted. But to counterbalance that debit on the atomic ledger there have been mighty increases in our assets. A wide variety of atomic weapons—considered in 1946 to be mere possibilities of a distant future-have today achieved conventional status in the arsenals of our Armed Forces. The thermonuclear weapon, nonexistent 8 years ago, today dwarfs in destructive power all atomic weapons. The practicability of constructing a submarine with atomic propulsion was questionable in 1946; 3 weeks ago the launching of the U. S. S. Nautilus made it certain that the use of atomic energy for ship propulsion will ultimately become widespread . In 1946, too, economic industrial power from atomic energy sources seemed very remote; today, it is clearly in sight-largely a matter of further research and development, and the establishment of conditions in which the spirit of enterprise can flourish. Obviously, such developments as these within so short a should have had a profound influence on the Nation's atomic energy policy. But in a number of respects our atomic energy law is still designed to fit the conditions of 1946. Many statutory restrictions, based on such actual facts of 1946 as the American monopoly of atomic weapons and limited application of atomic energy in civilian and military fields, are inconsistent with the nuclear realities of 1954. Furthermore, these restrictions impede the proper exploitation of nuclear energy for the benefit of the American people and of our friends throughout the free world. An objective assessment of these varied factors leads clearly to these conclusions: In respect to defense considerations, our atomic effective ness will be increased if certain limited information on the use of atomic weapons can be imparted more readily to nations allied with us in common defense. In respect to peacefuì applications of atomi energy, these can be developed more rapidly and their benefits more widely realized through broadened cooperation with friendly nations and through greater participation by American industry. By enhanc ing our military effectiveness, we strengthen our efforts to deter as gression; by enlarging opportunities for peacetime development, we acceleratè our own progress and strengthen the free world. Section 1 of the Atomic Energy Act of 1946 wisely recognizes the period S I 1 1 e 8 T 8 t f سه نهه ه 8 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2855 1 Act of Oct. 30, 1951; 65 Stat. 692. ence COOPERATION WITH OTHER NATIONS nave has pro- ment have Ower arine the velopment, production of fissionable materials, and related research ditions, may be better used to our national advantage. friendly nations. Such cooperation requires the exchange of certain Ir " Well need for future revisions of the law. In its spirit, and in consideration uate of matters of the utmost importance to the Nation's defense and wel- fare, I recommend that the Congress approve a number of amend- ments to the Atomic Energy Act. In this atomic era the growth of international cooperation for the defense of the free world is the most heartening development on the world political scene. The United States is allied with many friends in measures to deter aggression and, where necessary, to defeat the ould aggressor. The agreements binding ourselves and our friends in com- ne- mon defense constitute a warning to any potential aggressor that his 949, it to punishment will be swift and his defeat inevitable. These powerful ghty influences for peace must be made as strong and convincing as possible. Most of our friends among the nations have had little opportunity to inform themselves on the employment of atomic weapons. Under mere ional present law we cannot give them tactical information essential to their clear effective participation with us in combined military operations and planning, and to their own defense against atomic attack. Our own security will increase as our allies gain information con- cerning the use of and the defense against atomic weapons. Some of our allies, in fact, are now producing fissionable materials or weapons, read. supporting effective atomic energy research and developing peacetime uses for atomic power. But all of them should become better informed er of in the problems of atomic warfare and, therefore, better prepared to tions meet the contingency of such warfare. In order for the free world to be an effective defense unit, it must be geared to the atomic facts of urge, therefore, that authority be provided to exchange with nations participating in defensive arrangements with the United States such tactical information as is essential to the development of defense 46 as plans and to the training of personnel for atomic warfare. Amend- ments to the definition of restricted data" recommended later in this will also contribute to needed administrative flexibility in the exchange of information with such nations concerning the use of To meet a specific defense need existing in 1951, the Congress approved a carefully limited procedure for the communication of information on the processing of atomic raw materials , reactor de- and development. These limitations should now be modified so that the authority to communicate information, adjusted to present con- Amendments are required for effective United States cooperation with and energy also the release of fissionable materials in amounts adequate for indus- Se of urces this era. I eriod nergy stil on of h the message e the atomic weapons. rican these ctive se of with tomic more tions hanc t, we s the 2856 AMERICAN FOREIGN POLICY, 1950–1955 S SE P C 8 1 de If SO В d SE ] la PE to PE ofi SU OD W SUE trial and research use. I therefore recommend that the Atomic Energy Act be amended to authorize such cooperation. Such amendments should prescribe that before the conclusion of any arrangements for the transfer of fissionable material to a foreign nation, assurances must be provided against its use by the recipient nation for military purposes . Sharing certain information with other nations involves risks that must be weighed, in each instance, against the net advantages to the United States. In each case we must be guided by such considera- tions as: The sensitivity and importance of the data, the specific uses to which the information will be put, the security standards of the cooperating nation, its role in the common defense of the free world, and the contributions it has made and can make to the mutual security effort. Such considerations apply to the exchange or com- munication of information on general-defense planning and the em- ployment of conventional weapons as well as to the information that could be exchanged pursuant to these recommendations. These recommendations are apart from my proposal to seek & new basis for international cooperation in the field of atomic energy as outlined in my address before the General Assembly of the United Nations last December.1 Consideration of additional legislation which may be needed to implement that proposal should await the development of areas of agreement as a result of our discussions with other nations. In a related area, present law prevents United States citizens or corporations from engaging directly or indirectly in the production of fissionable material outside the United States, except upon determina- tion by the President that the proposed activity will not adversely affect the common defense and security. Matters that have arisen under this provision have been ordinary business or commercial activities which nevertheless fall within the broad statutory prohibition because they might contribute in some degree, however minor, to foreign atomic-energy programs. The President'should be enabled to authorize the Atomic Energy Commission to make future determina- tions of this nature. This amendment is related also to the above amendment concerning the exchange of information with other countries, as arrangements for authorized exchanges of information with friendly foreign governments may involve participation American citizens or firms in work in foreign countries. The propose amendment would permit the Atomic Energy Commission also to authorize such participation. All of these proposed amendments should make it clear that the authority granted must be exercised only in accordance with conditions prescribed by the President to protect the common defense and security. PROTECTION OF ATOMIC-ENERGY INFORMATION A special category of "restricted data,” so defined as to include virtually all atomic-energy data of security significance, is now established by law. "Restricted data' are protected in the law by VO m th ty fr by m al by &C ar or of SO th th tr en i Supra, pp. 2798–2805. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2857 its For st ES at be 9- fic of ee al 1- 71- at 21 as ed ON he th unnecessary expense in time and money. I, therefore, recommend tractors and licensees to afford access to restricted data" to personnel special espionage provisions, provisions relating to the control, dis- semination, and declassification of such data, and by requirements for personnel security clearances. Personnel security.—The provisions of the act relating to security clearances of personnel need improvement in several respects. The act does not recognize degrees of sensitivity of "restricted data." The same clearance requirements apply to any type of "restricted data," whether it be access by the unskilled construction laborer to "restricted data" of only marginal security significance, or access by a scientist to the heart of atomic weapons information. The Atomic Energy Commission lacks sufficient latitude under present law to determine the extent of personnel investigation needed for adequate security. Many costly background investigations required by present law are unnecessary. The Atomic Energy Commission should be permitted to relate the scope of investigation required under the act to the significance of the access to "restricted data" which will be permitted. This amendment is especially pertinent to the proposed broadening of private participation in the development of atomic power. While such private participants will require access to "restricted data' on reactor technology, full investigations of all their employees who will have such access are not warranted because much of the data involved will not have significant security importance. Moreover, such investigations would impede and discourage the desired partic- ipation and would be unnecessarily costly both to Government and to industry. Where access to more sensitive "restricted data” is in- volved, the Commission must, of course, require full investigations. Another security clearance problem relates to personnel of Depart- ment of Defense agencies and to the personnel of contractors with those agencies. The Atomic Energy Commission may now disclose "restricted data” to such of these personnel as have security clearances from the Department of Defense. The “restricted data” so disclosed by the Commission are thereafter protected in accordance with Depart- ment of Defense security regulations. And yet, contractors of the Commission are precluded by law from granting the same personnel access to the same "restricted data” until they have had AEC clear- ances , based on investigations by the Federal Bureau of Investigation or the Civil Service Commission. As applications of atomic energy become increasingly widespread within the armed services, the necessity increases for communication he of "restricted data” between AEC contractors and participants in nd related Department of Defense programs. The present fact that personnel engaged in military programs who have military clearances must be denied access to restricted data” by AEC contractor per- sonnel impedes cooperation between the Department of Defense and de the Atomic Energy Commission in areas of mutual interest and causes Or of 18- ly 41 al On to to 14- ve ter OD ed to 15 OTT b5 2858 AMERICAN FOREIGN POLICY, 1950–1955 Dee to wit are rea Th. can In to nea nai tha seli their work and who possess the proper military security clearances. The definition of "restricted data". -(1) A large body of "restricted data" under present law relates primarily to military utilization of atomic weapons. The responsibility for the control of much of this weapons information logically should rest with the Department of Defense rather than with the Commission. Many administrative difficulties that are produced by a dual system of security would be eliminated by the removal of this weapons information from the "restricted data” category and its subsequent protection by the Department of Defense in the same manner and under the same safe- guards as other military secrets. This method of handling weapons information is not possible under present law. "Restricted data can be removed from the statutory restricted data" category only by declassification, upon a determina- tion by the Atomic Energy Commission that the publication of such data would not adversely affect the common defense and security. Declassification obviously is not the remedy. The remedy lies in reliance upon the standard security measures of the user, the Department of Defense. I recommend, therefore, that the statutory definition of "restricted data" be amended to exclude information concerning the utilization of atomic weapons, as distinguished from information on their theory, design, and manufacture. (2) In addition to information which falls wholly within the utiliza- tion category, there is information which concerns primarily the utiliza- tion of weapons but which pertains also to their design and manufac- ture. In order to avoid difficulties in this marginal zone, I recommend legislation which also would authorize removal of such information from the "restricted data” category. This would be done only when the Commission and the Department of Defense jointly determine that it relates primarily to military utilization of atomic weapons and that it can be adequately safeguarded as classified defense information under the Espionage Act and other applicable law. (3) Consistent with these changes, I recommend that the Depart- ment of Defense join with the Atomic Energy Commission in any classification of "restricted data” which relate primarily to military utilization of atomic weapons and which can be published without endangering the national security. Thus, the Department of Defense will have an appropriate voice in the protection and declassification of such “restricted data" and the responsibilities of the Commission will be clarified with respect to all other "restricted data." ma der the PO pra Th the me nif En de- DOMESTIC DEVELOPMENT OF ATOMIC ENERGY What was only a hope and a distant goal in 1946--the beneficent use of atomic energy in human service--can soon be a reality. Before our scientists and engineers lie rich possibilities in the harnessing of atomic power. The Federal Government can pioneer in its develop ment. But, in this undertaking, the enterprise, initiative, and com. petitive spirit of individuals and groups within our free economy are 1 See acts of June 15, 1917 (40 Stat. 217-219); June 25, 1948 (62 Stat. 736–738); and Oct. 31, 1951 (65 Stat. 719–720). act DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2859 f f 2 I I 1 . S e 0 1 needed to assure the greatest efficiency and progress at the least cost to the public. Industry's interest in this field is already evident. In collaboration with the Atomic Energy Commission a number of private corporations are now conducting studies, largely at their own expense, of the various reactor types which might be developed to produce economic power. There are indications that they would increase their efforts signifi- cantly if the way were open for private investment in such reactors. In amending the law to permit such investment, care must be taken to encourage the development of this new industry in a manner as nearly normal as possible, with careful regulation to protect the national security and the public health and safety. It is essential that this program so proceed that this new industry will develop self-reliance and self-sufficiency. The creation of opportunities for broadened industrial participation may permit the Government to reduce its own reactor research and development after private industrial activity is well established. For the present, in addition to contributing toward the advancement of power-reactor technology, the Government will continue to speed progress in the related technology of military propulsion reactors. The present complementary efforts of industry and Government will therefore continue, and industry should be encouraged by the enact- ment of appropriate legislation to assume a substantially more sig- nificant role. To this end, I recommend amendments to the Atomic Energy Act which would- 1. Relax statutory restrictions against ownership or lease of fissionable material and of facilities capable of producing fission- able material. 2. Permit private manufacture, ownership, and operation of atomic reactors and related activities, subject to necessary safe- guards and under licensing systems administered by the Atomic Energy Commission. 3. Authorize the Commission to establish minimum safety and security regulations to govern the use and possession of fissionable 4. Permit the Commission to supply licensees special materials and services needed in the initial stages of the new industry at prices estimated to compensate the Government adequately for the value of the materials and services and the expense to the Government in making them available. 5. Liberalize the patent provisions of the Atomic Energy Act, principally by expanding the area in which private patents can be obtained to include the production as well as utilization of fissionable material, while continuing for a limited period the authority to require a patent owner to license others to use an invention essential to the peacetime applications of atomic d 11 n ce d m material. y it se m D It 8 of 7 energy ce 2); Until industrial participation in the utilization of atomic energy acquires a broader base, considerations of fairness require some 2860 AMERICAN FOREIGN POLICY, 1950-1955 Same scien resea & Feat no lo magi Since the isotopes of an element are similar in chemical behavior, their separation mechanism to assure that the limited number of companies which, as TE Government contractors now have access to the program, cannot build a patent monopoly which would exclude others desiring to enter the The field. I hope that participation in the development of atomic power state will have broadened sufficiently in the next 5 years to remove the resul need for such provisions. In order to encourage the greatest possible progress in domestic application of atomic energy, flexibility is necessary in licensing and indus regulatory provisions of the legislation. Until further experience St with this new industry has been gained, it would be unwise to try to prod anticipate by law all of the many problems that are certain to arise. Hill Just as the basic Atomic Energy Act recognized by its own terms that for a it was experimental in a number of respects, so these amendments A1 will be subject to continuing future change and refinement. pre- The destiny of all nations during the 20th century will turn in large of st measure upon the nature and the pace of atomic energy development very here and abroad. The revisions to the Atomic Energy Act herein recommended will help make it possible for American atomic energy Wort development, public and private, to play a full and effective part in leading mankind into a new era of progress and peace. 36. STABLE ISOTOPES AVAILABLE FOR FOREIGN DISTRIBU- TION: Statement Issued to the Press by the United States St Atomic Energy Commission, July 1, 1954 1 not ! fessi Stable isotopes produced in facilities of the U. S. Atomic Energy used Commission will be available for foreign distribution under a program Deus announced today by the Commission.? Radioisotopes have been sold to foreign users by the Commission since 1947, but stable isotopes generally have been available only to users within the United States. About 175 stable isotopes nearly 50 elements are produced by the AEC. Stable isotopes , 37, like radioisotopes, are valuable tools for basic research in various scientific fields. A total of 48 foreign countries has been authorized to receive radioisotopes produced in the United States, and approximately State 2,500 foreign shipments of radioisotopes have been made. Foreign of 1 requests for stable isotopes will be forwarded to the Commission through the official representatives of foreign nations for radioisotope procurement. ses | Atomic Energy Commission press release 547, July 1, 1954. 2 Most elements have several forms, similar in chemical behavior but differing in atomic weight. These are the isotopes of the element. More than 1,000 to b isotopes occur naturally or have been artifically produced. Some are radioactive, These usually are called radioisotopes. Others are non-radioactive , or stable. from each other requires special processes. (Footnote in original.] Energy Commission on July 16, 1951; Department of State Bulletin, July 30, 1951, pp. 181–182. has in qu isoto biolo temy BA "CE tion 16 ment 2 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2861 2 Act of Aug. 1, 1946; 60 Stat. 755. S e le e for a similar purpose, S It ni I "CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE to be the policy of the United States that, ment of State Bulletin, Sept. 13, 1954, pp. 365-366. The terms and conditions for obtaining stable isotopes will be the d xme as those which now apply to foreign requests for radioisotopes. The applicant must agree to use the isotope only for the purpose r stated in the application, and also must agree to report research results to the AEC. Foreign countries may obtain isotopes for scientific research, medical research, industrial isotopes for scientific c research, medical research, industrial research, medical therapy and d industrial utilization. Stable isotopes will be sold at prices which will recover full costs of 0 production. The quantity of a stable isotope approved for export 2. will be limited to the amount generally provided to a domestic user Although some stable isotopes have been produced since the 1930's, pre-World War II techniques for the concentration and separation e of stable isotopes were impracticable for most elements, and only Fery minute quantities of pure separated isotopes could be obtained. Electromagnetic separation was one of the methods used during World War II to separate the uranium-235 isotope, needed for atomic weapons, from the more common uranium-238 isotope. This method no longer is used for uranium separation. However, part of the electro- magnetic separation plant at the Oak Ridge National Laboratory has been utilized for the production of stable isotopes for research, in quantities much greater than were available before. Most stable isotopes now are produced by electromagnetic separation. Stable isotopes have various research uses. Some elements do not have radioisotopes with half-lives long enough to make their use feasible in experiments. Stable isotopes of these elements can be used in tracer experiments. Boron–10 is useful as a neutron detector. » Deuterium, the stable heavy isotope of hydrogen, has been utilized in biological and chemical studies." Helium 3 is important in low- teraperature studies. of 5, 37. ATOMIC ENERGY ACT OF 1954: Public Law 703 (83d Con- gress, 2d Session), August 30, 1954 (Excerpts) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Atomic Energy Act of 1946, as amended, is amended to read as follows: "SECTION 1. DECLARATION.- Atomic energy is capable of applica- as well as military purposes. It is therefore declared "a. the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the 108 Stat. 919. For statement of the President on signing the act, see Depart- 1 -T ES he 71 1 8 So tion for peaceful 2 2 D C 2, 2862 AMERICAN FOREIGN POLICY, 1950-1955 1 1 S "a. a program of conducting, assisting, and fostering research general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and “b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise. "Sec. 2. FINDINGS.-- The Congress of the United States hereby makes the following findings concerning the development, use, and control of atomic energy: "a. The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security. “b. In permitting the property of the United States to be used by others, such use must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public. "c. The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated in the national interest. "S “d. The processing and utilization of source, byproduct, and special nuclear material must be regulated in the national interest and in order to provide for the common defense and security and to protect used "a. the health and safety of the public. "e. Source and special nuclear material, production facilities, and brane utilization facilities are affected with the public interest, and regulation lative by the United States of the production and utilization of atomic missi energy and of the facilities used in connection therewith is necessary judic in the national interest to assure the common defense and security "b and to protect the health and safety of the public. "f. The necessity for protection against possible interstate damage occurring from the operation of facilities for the production or utiliza perm tion of source or special nuclear material places the operation of those san "C facilities in interstate commerce for the purposes of this Act. "g. Funds of the United States may be provided for the develop- "d ment and use of atomic energy under conditions which will provide for the common defense and security and promote the general welfare “h. It is essential to the common defense and security that title to devic all special nuclear material be in the United States while such special nuclear material is within the United States. "e “Sec. 3. PURPOSE.— It is the purpose of this Act to effectuate the (exce policies set forth above by providing for- if industrial progress; "b. a program for the dissemination of unclassified scientific and technical information and for the control, dissemination, and defen declassification of Restricted Data, subject to appropriate safe- guards, so as to encourage scientific and industrial progress; come with the C energ devid ment expo: utiliz " cater DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2863 1 3 1 2 device (where such means is a separable and divisible part of the d utilizing special nuclear material. | defense and security of the United States. category determined by any Government agency authorized to classify "c. & program for Government control of the possession, use, and production of atomic energy and special nuclear material so directed as to make the maximum contribution to the common defense and security and the national welfare; "d. a program to encourage widespread participation in the de- velopment and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; "e. å program of international cooperation to promote the common defense and security and to make available to cooperating nations the benefits of peaceful applications of atomic energy as widely as expanding technology and considerations of the common defense and security will permit; and "f. a program of administration which will be consistent with the foregoing policies and programs, with international arrange- ments, and with agreements for cooperation, which will enable the Congress to be currently informed so as to take further legislative action as may be appropriate. "CHAPTER 2. DEFINITIONS "Sec. 11. DEFINITIONS.—The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this Act: ". The term 'agency of the United States' means the executive branch of the United States, or any Government agency, or the legis- lative branch of the United States, or any agency, committee, com- e mission, office, or other establishment in the legislative branch, or the I judicial branch of the United States, or any office, agency, committee, 7 commission, or other establishment in the judicial branch. “h. The term “agreement for cooperation means any agreement with another nation or regional defense organization, authorized or permitted by sections 54, 57, 64, 82, 103, 104, or 144, and made pur- "e. The term 'atomic energy' means all forms of energy released in the course of nuclear fission or nuclear transformation. "d. The term 'atomic weapon' means any device utilizing atomic energy, exclusive of the means for transporting or propelling the ment of, a weapon, a weapon prototype, or a weapon test device. 16. The term byproduct material means any radioactive material lexcept special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or 1. The term "Commission means the Atomic Energy Commission. 3. The term 'common defense and security' means the common 1 e e suant to section 123. r 0 1 8 C d 2864 AMERICAN FOREIGN POLICY, 1950–1955 seci oth Pro one in DUI mat SOWI exce man sign, manufacture, or utilization of atomic weapons; (2) the produc- information, as being information respecting, relating to, or affecting alas the national defense. "i. The term 'design' means (1) specifications, plans, drawings , blueprints, and other items of like nature; (2) the information con- tained therein; or (3) the research and development data pertinent to the information contained therein. "j. The term 'Government agency' means any executive depart-Con ment, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instru- mentality of the United States, or any board, bureau, division, service , office, officer, authority, administration, or other establishment in the 61, executive branch of the Government. “k. The term 'international arrangement' means any international the agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does inch not include any agreement for cooperation. Can "1. The term Joint Committee' means the Joint Committee on Atomic Energy. sm. The term 'operator' means any individual who manipulates expe the controls of a utilization or production facility. to b. "n. The term 'person' means (1) any individual, corporation, part- nership, firm, association, trust, estate, public or private institution , adap group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. "0. The term produce, when used in relation to special nuclear material, means (i) to manufacture, make, produce, or refine special nuclear material; (2) to separate special nuclear material from other 80 A substances in which such material may be contained; or (3) to make or to produce new special nuclear material. "p. The term 'production facility' means (1). any equipment or device determined by rule of the Commission to be capable of the pro- duction of special nuclear material in such quantity as to be of signifi- cance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important com ponent part especially designed for such 'equipment or device as de termined by the Commission. "q. The term research and development means (1) theoretical anes analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration pur poses, including the experimental production and testing of models , devices, equipment, materials, and processes. ar. "The term "Restricted Data' means all data concerning (1) de- material in the production of energy, but shall not include data de signi to a Com deter "S bers dent ther Choi Com Chaj man the i auth one vote the : Com pers the and Com 1 while DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2865 r ' e S n S | Commission as Acting Chairman to act in the place and stead of the | authority in all decisions and actions of the Commission and shall have Commission in its relations with the Congress, Government agencies, the faithful execution of the policies and decisions of the Commission, | and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission sholl have an official seal which shall be judicially noticed. I classified or removed from the Restricted Data category pursuant to section 142. ly 13. The term 'source material' means (1) uranium, thorium, or any üher material which is determined by the Commission pursuant to the t provisions of section 61 to be source material; or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time. 44. The term 'special nuclear material' means (1) plutonium, ura- zium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission pursuant to the provisions of section s1, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of 11 the foregoing, but does not include source material. "u. The term 'United States', when used in a geographical sense, includes all Territories and possessions of the United States, and the Canal Zone. "y. The term 'utilization facility' means (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such . manner as to affect the health and safety of the public, or peculiarly 1: adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as T to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as E, determined by the Commission. "CHAPTER 3. ORGANIZATION "Sec. 21. ATOMIC ENERGY COMMISSION.-There is hereby established an Atomic Energy Commission, which shall be composed of five mem- bers , each of whom shall be a citizen of the United States. The Presi- dent shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designato any other member of the Chairman during his absence. The Chairman (or the Acting Chair- man in the absence of the Chairman) shall preside at all meetings of the Cominission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Com- of bission , including the Chairman, shall have equal responsibility and one vote. Action of the Commission shall be determined by a majority $ mote of the members present. The Chairman (or Aeting Chairman in the absence of the Chairman) shall be the official spokesman of the persons , or the public, and, on behalf of the Commission, shall see to OI LI ol er ke DI 10 2- O" re T- i f EI e 415900-57--Vol. 2,77 2866 1950-1955 AMERICAN FOREIGN POLICY, { Sections 22-28 deal with Members, Office, General Manager, Divisions and Offices, General Advisory Committee, Military Liaison Committee, suth and Appointment of Army, Navy, or Air Force Officers.] siich as it "CHAPTER 4. RESEARCH Com discr "SEC. 31. RESEARCH ASSISTANCE.- studi "a. The Commission is directed to exercise its powers in such man- ner as to insure the continued conduct of research and development activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangementsBS- (including contracts, agreements, and loans) for the conduct of research and development activities relating to- “(1) nuclear processes; “(2) the theory and production of atomic energy, including processes, materials, and devices related to such production; "(3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; "(4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purs: poses, including industrial uses, the generation of usable energy, tion and the demonstration of the practical value of utilization or pro-ind duction facilities for industrial or commercial purposes; and "(5) the protection of health and the promotion of safety during research and production activities. "S b. The Commission may (1) make arrangements pursuant to this duet section, without regard to the provisions of section 3709 of the Revised utiliz Statutes, as amended, upon certification by the Commission that such the action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonas ably practicable; (2) make partial and advance payments under such as ele arrangements; and (3) make available for use in connection therewith priat such of its equipment and facilities as it may deem desirable. "C. The arrangements made pursuant to this section shall contain publ such provisions (i) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection bodi of work performed thereunder, as the Commission may determine . No such arrangement shall contain any provisions or conditions which eber prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law. "SEC. 32. RESEARCH BY THE COMMISSION.–The Commission is authorized and directed to conduct, through it own facilities, activities and studies of the types specified in section 31. "Sec. 33. RESEARCH FOR OTHERS.-Where the Commission finds private facilities or laboratories are inadequate to the purpose, if I Facil to P of st auth the men Com "S dete mat nuc 1 41 U.S.C. $5. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2867 AS TIES. 19 ve is determine from time to time that other material is special nuclear | material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Com- 28 authorized to conduct for other persons, through its own facilities, y such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of such activities and studies. e- at "CHAPTER 5. PRODUCTION OF SPECIAL NUCLEAR MATERIAL id Id "Sec. 41. OWNERSHIP AND OPERATION OF PRODUCTION FACILI- ts of "a. OWNERSHIP OF PRODUCTION FACILITIES.—The Commissioni, as agent of and on behalf of the United States, shall be the exclu- sive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activi- ties in the fields specified in section 31, and do not, in the opinion of the Commission, have a potential production rate adequate to LY enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; or (2) are licensed by the Commis- sion pursuant to section 103 or 104. (Subsections b. and c. deal with operation of the commission's produc- yution facilities and operation of other production facilities. Sections 42 05 and 43 deal with Irradiation of Materials and Acquisition of Production ty "Sec. 44. DISPOSITION OF ENERGY.—If energy is produced at pro- is duction facilities of the Commission or is produced in experimental ed utilization facilities of the Commission, such energy may be used by ch the Commission, or transferred to other Government agencies, or sold s, i publicly, cooperatively, or privately owned utilities or users at I reasonable and nondiscriminatory prices. If the energy produced ch s electric energy, the price shall be subject to regulation by the appro- the priate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give preference and priority to in public bodies and cooperatives or to privately owned utilities provid- oping electric utility services to high cost areas not being served by public bodies or cooperatives. Nothing in this Act shall be construed to authorize the Commission to engage in the sale or distribution of energy for commercial use except such energy as may be produced by pt the Commission incident to the operation of research and develop- ment facilities of the Commission, or of production facilities of the "CHAPTER 6. SPECIAL NUCLEAR MATERIAL "Sec. 51. SPECIAL NUCLEAR MATERIAL.-The Commission may or T- Facilities.] OB Le. Commission. IS 25 2868 AMERICAN FOREIGN POLICY, 1950–1955 DIE which such nation is a party and which is made in accordance with “SEC. 55. ACQUISITION.- The Commission is authorized to purchase or otherwise acquire any special nuclear material or any interest therein outside the United States without regard to the provisions of section mission must find that such material is capable of releasing substan 37 tial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the de common defense and security, and the President must have expresslytis assented in writing to the determination. The Commission's deter- mination, together with the assent of the President, shall be submitted to the Joint Committee and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days) before the determination of the Commission may become effective: Provided, however, That the Joint Committee, after having received such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period. "SEC. 52. GOVERNMENT OWNERSHIP OF ALL SPECIAL NUCLEAR MATERIAL.--All rights, title, and interest in or to any special nuclear material within or under the jurisdiction of the United States, now or hereafter produced, shall be the property of the United States and shall be administered and controlled by the Commission as agent of and on behalf of the United States by virtue of this Act. Any person owning any interest in any special nuclear material at the time when such material is hereafter determined to be a special nuclear material shall be paid just compensation therefor. Any person who lawfully produces any special nuclear material, except pursuant to a contract with the Commission under the provisions of section 31 or 41, shall be paid a fair price, determined pursuant to section 56, for producing such material. "SEC. 53. DOMESTIC DISTRIBUTION OF SPECIAL NUCLEAR MATE- [Subsections a.-e. deal with licenses, charges, and license conditions. ) "f. The Commission is directed to distribute within the United States sufficient special nuclear material to permit the conduct of widespread independent research and development activities to the maximum extent practicable and within the limitations set by the President pursuant to section 41. In the event that applications for special nuclear material exceed the amount available for distribution, preference shall be given to those activities which are most likely , in the opinion of the Commission, to contribute to basic research, to the development of peacetime uses of atomic energy, or to the economie and military strength of the Nation. "SEC. 54. FOREIGN DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL: The Commission is authorized to cooperate with any nation by die tributing special nuclear material and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation . " section 123. mat RIAL, from thos such essel that inter have miss shall shall days in se the howe 141 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2869 0 ce e e 1 ne R er OI d DI 1 II al V interest of the common defense and security, and the President must I have expressly assented in writing to the determination. The Com- shell elapse while Congress is in session in computing such thirty days, there shall be excluded the days on which either House is not the determination of the Commission may become effective: Provided, however, that the Joint Committee, after having received such deter- 3709 of the Revised Statutes,' as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that adver- tising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. d Section 56 deals with Fair Price.] SEC. 57. PROHIBITION.- "2. It shall be unlawful for any person to- "(1) possess or transfer any special nuclear material which is the property of the United States except as authorized by the у Commission pursuant to subsection 53 a.; "(2) transfer or receive any special nuclear material in inter- state commerce except as authorized by the Commission pursuant to subsection 53 a., or export from or import into the United States any special nuclear material, and "(3) directly or indirectly engage in the production of any special nuclear material outside of the United States except (A) under an agreement for cooperation made pursuant to section 123, or (B) upon authorization by the Commission after a determina- tion that such activity will not be inimical to the interest of the United States. "b. The Commission shall not distribute any special nuclear material "(1) to any person for a use which is not under the jurisdiction ng of the United States except pursuant to the provisions of section (2) to any person within the United States, if the Commission finds that the distribution of such special nuclear material to such 8. person would be inimical to the common defense and security. ed “CHAPTER 7. SOURCE MATERIAL of "Sec . 61. SOURCE MATERIAL.-The Commission may determine from time to time that other material is source material in addition to those specified in the definition of source material. Before making such determination, the Commission must find that such material is ly , efsential to the production of special nuclear material and must find he that the determination that such material is source material is in the shall be submitted to the Joint Committee and a period of thirty days th 1 session because of an adjournment of more than three days) before ct 54; or E- he he or BIC S JS. jar to 25€ 102 141 U.S.C. $5. 211 2870 AMERICAN FOREIGN POLICY, 1950–1955 Wea ever, tic mination, may by resolution in writing waive the conditions of or all or any portion of such thirty-day period. "SEC. 62. LICENSE FOR TRANSFERS REQUIRED.-Unless authorized by a general or specific license issued by the Commission, which the Commission is hereby authorized to issue, no person may transfer or receive in interstate commerce, transfer, deliver, receive possession of or title to, or import into or export from the United States any source material after removal from its place of deposit in nature, except that licenses shall not be required for quantities of source material which , in the opinion of the Commission, are unimportant. [Section 63 deals with Domestic Distribution of Source Material.) "SEC. 64. FOREIGN DISTRIBUTION OF SOURCE MATERIAL.- The (1) Commission is authorized to cooperate with any nation by distribut- wea ing source material and to distribute source material pursuant to the sary terms of an agreement for cooperation to which such nation is a party part and which is made in accordance with section 123. The Commission is also authorized to distribute source material outside of the United States upon a determination by the Commission that such activity of SE will not be inimical to the interests of the United States. of su [Sections 65-69 deal with Reporting, Acquisition, Operations on Lands Belonging to the United States, Public Lands, and Prohibition.) dans "CHAPTER 8. BYPRODUCT MATERIAL Section 81 deals with Domestic Distribution.] "Sec. 82. FOREIGN DISTRIBUTION OF BYPRODUCT MATERIAL.- "a. The Commission is authorized to cooperate with any nation by distributing byproduct material, and to distribute byproducts material, pursuant to the terms of an agreement for cooperation to Valu which such nation is party and which is made in accordance with section 123. “b. The Commission is also authorized to distribute byproduct MEN material to any person outside the United States upon application : " therefor by such person and demand such charge for such material ng as would be charged for the material if it were distributed within the issui United States: Provided, however, That the Commission shall not smo distribute any such material to any person under this section if, in its speci opinion, such distribution would be inimical to the common defense the and security: And provided further, That the Commission may require such reports regarding the use of material distributed pur prot . q suant to the provisions of this section as it deems necessary "c. The Commission is authorized to license others to distribute byproduct material to any person outside the United States under the cond same conditions, except as to charges, as would be applicable if the strat material were distributed by the Commission, trans exce Prov mod "S unde ing i mert miss term unde prot DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2871 le OT le t- he protect the health and safety of the public. stration of the practical value of such facilities for industrial or com- mercial purposes. In issuing licenses under this subsection, the Com- mission shall impose the minimum amount of such regulations and under this Act to promote the common defense and security and to terms of license as will permit the Commission to fulfill its obligations protect the health and safety of the public and will be compatible with DI "CHAPTER 9. MILITARY APPLICATION OF ATOMIC ENERGY d "SEC. 91. AUTHORITY. "a. The Commission is authorized to— of "(1) conduct experiments and do research and development ce work in the military application of atomic energy; and at "(2) engage in the production of atomic weapons, or atomic 0, weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the Presi- dent of the United States has been obtained, which consent and direction shall be obtained at least once each year. "b. The President from time to time may direct the Commission 1) to deliver such quantities of special nuclear material or atomic Feapons to the Department of Defense for such use as he deems neces- sary in the interest of national defense, or (2) to authorize the De- wy partment of Defense to manufacture, produce, or acquire any atomic OI ad weapon or utilization facility for military purposes: Provided, how- eter, That such authorization shall not extend to the production ty of special nuclear material other than that incidental to the operation of such utilization facilities. "SEC. 92. PROHIBITION.-It shall be unlawful for any person to or transfer or receive in interstate commerce, manufacture, produce, transfer , acquire, possess, import, or export any atomic weapon, except as may be authorized by the Commission pursuant to the provisions of section 91. Nothing in this section shall be deemed to modify the provisions of subsection 31 a. or section 101. "CHAPTER 10. ATOMIC ENERGY LICENSES ICO Sections 101-103 deal with License Required, Finding of Practical to Value, and Commercial Licenses.] th "Sec. 104. MEDICAL THERAPY AND RESEARCH AND DEVELOP- act WENT, ". The Commission is authorized to issue licenses to persons apply- ial ing therefor for utilization facilities for use in medical therapy. In he assuing such licenses the Commission is directed to permit the widest tot amount of effective medical therapy possible with the amount of its special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations sy under this Act to promote the common defense and security and to 16. The Commission is authorized to issue licenses to persons apply- eta e therefor for utilization and production facilities involved in the e nduct of research and development activities leading to the demon- che on OH on se Ir- 2872 AMERICAN FOREIGN POLICY, 1950-1955 VK du Da sh MI m m thi m 54 the regulations and terms of license which would apply in the event that a commercial license were later to be issued pursuant to section 103 for that type of facility. In issuing such licenses, priority shall be given to those activities which will, in the opinion of the Commission, lead to major advances in the application of atomic energy for indus- trial or commercial purposes. "c. The Commission is authorized to issue licenses to persons apply- ing therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 and which are not facilities of the type specified in sub- section 104 b. The Commission is directed to impose only such mini- mum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. "d. No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123 or except under the provisions of section 109. No license may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public. [Sections 105-107 deal with Antitrust Provisions, Classes of Facilities, and Operators' Licenses.] "SEC. 108. WAR OR NATIONAL EMERGENCY.-Whenever the Con- gress declares that a state of war or national emergency exists, the Commission is authorized to suspend any licenses granted under this Act if in its judgment such action is necessary to the common defense and security. The Commission is authorized during such period, if the Commission finds it necessary to the common defense and security , to order the recapture of any special nuclear material distributed under the provisions of subsection 53 a., or to order the operation of any facility licensed under section 103 or 104, and is authorized to order the entry into any plant or facility in order to recapture such material, of to operate such facility. Just compensation shall be paid for an damages caused by the recapture of any special nuclear material or by the operation of any such facility. [Sections 109–110 deal with Component Parts of Facilities and E- clusions. 0 120 DU 14 SU W DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2873 int on be )n, IS- to ase ion that group of nations pursuant to sections 54, 57, 64, 82, 103, 104, or applications of atomic energy and he may thereafter cooperate with suant to an agreement for cooperation entered into in accordance "CHAPTER 11. INTERNATIONAL ACTIVITIES "SEC. 121. EFFECT OF INTERNATIONAL ARRANGEMENTS. —Any pro- vision of this Act or any action of the Commission to the extent and during the time that it conflicts with the provisions of any inter- national arrangement made after the date of enactment of this Act 15- shall be deemed to be of no force or effect. "SEC. 122. POLICIES CONTAINED IN INTERNATIONAL ARRANGE- he led MENTS.-- In the performance of its functions under this Act, the Com- mission shall give maximum effect to the policies contained in any 1b- international arrangement made after the date of enactment of ni- this Act. ids to "SEC. 123. COOPERATION WITH OTHER NATIONS.-No cooperation with 1tb any nation or regional defense organization pursuant to sections ad 54, 57, 64, 82, 103, 104, or 144 shall be undertaken until- "a the Commission or, in the case of those agreements for coop- for eration arranged pursuant to subsection 144 b., the Department of sed Defense has submitted to the President the proposed agreement ies for cooperation, together with its recommendation thereon, which to proposed agreement shall include (1) the terms, conditions, dura- tion, nature, and scope of the cooperation; (2) a guaranty by the cooperating party that security safeguards and standards as set Bed forth in the agreement for cooperation will be maintained; (3) a INT guaranty by the cooperating party that any material to be trans- tes ferred pursuant to such agreement will not be used for atomic ach weapons, or for research on or development of atomic weapons, or for any other military purpose; and (4) a guaranty by the cooper- ating party that any material or any Restricted Dată to be trans- ferred pursuant to the agreement for cooperation will not be des, transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement for cooperation; the “b. the President has approved and authorized the execution of his the proposed agreement for cooperation, and has made a deter- mination in writing that the performance of the proposed agree- i ment will promote and will not constitute an unreasonable risk ty to the common defense and security; and der "c. the proposed agreement for cooperation, together with the approval and the determination of the President, has been sub- mitted to the Joint Committee and a period of thirty days has elapsed while Congress is in session in computing such thirty days , there shall be excluded the days on which either House is not in session because of an adjournment of more than three days) “Sec. 124. INTERNATIONAL ATOMIC Pool.-The President is author- ized to enter into an international arrangement with a group of nations providing for international cooperation in the nonmilitary 144.a.: Provided, however, That the cooperation is undertaken pur- to on- Ase шу the DT OT* Fs with section 123. 2874 -AMERICAN FOREIGN POLICY, 1950–1955 gory othe gent secti and IS lic anot On- Pro- MUI ato tak ARCO "CHAPTER 12. CONTROL OF INFORMATION “Sec. 141. POLICY.—It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Con- sistent with such policy, the Commission shall be guided by the fol- lowing principles: "a. Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been estab- lished by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by section 144; and “b. The dissemination of scientific and technical information relat- ing to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the fund of technical information. “SEC. 142. CLASSIFICATION AND DECLASSIFICATION OF RESTRICTED DATA. "a. The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published with- out undue risk to the common defense and security and shall there- upon cause such data to be declassified and removed from the category of Restricted Data. “b. The Commission shall maintain a continuous review of Re- stricted Data and of any Classification Guides issued for the guid- ance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security. "c. In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President. "d. 'The Commission shall remove from the Restricted Data cate- gory such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or otherwise made available to any nation or regional defense organization, while such data remains defense information, except pursuant to an agreement for cooperation entered into in accordance with subsection 144 b. "e. The Commission shall remove from the Restricted Data cate- exis the witi par Res Whi Un tial Pro cat ato ing in g01 me COI ate 1 DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2875 0 1 gury such information concerning the atomic energy programs of other nations as the Commission and the Director of Central Intelli- gence jointly determine to be necessary to carry out the provisions of section 102 (d) of the National Security Act of 1947, as amended, and can be adequately safeguarded as defense information. (Section 143 deals with Department of Defense Participation.] "Sec. 144. INTERNATIONAL COOPERATION.- "a. The President may authorize the Commission to cooperate with another nation and to communicate to that nation Restricted Data t e 1 01_ ) 1 ) D 11 1 S P . "(1) refining, purification, and subsequent treatment of source material; "(2) reactor development; "(3) production of special nuclear material; "(4) health and safety; "(5) industrial and other applications of atomic energy for peaceful purposes; and "(6) research and development relating to the foregoing: Provided, however, That no such cooperation shall involve the com- munication of Restricted Data relating to the design or fabrication of atomic weapons: And provided further, That the cooperation is under- taken pursuant to an agreement for cooperation entered into in accord- ance with section 123, or is undertaken pursuant to an agreement existing on the effective date of this Act. “b. The President may authorize the Department of Defense, with the assistance of the Commission, to cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data as is necessary to - "(1) the development of defense plans; "(2) the training of personnel in the employment of and defense against atomic weapons; and "(3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons, while such other nation or organization is participating with the United States pursuant to an international arrangement by substan- tial and material contributions to the mutual defense and security: Provided, however, That no such cooperation shall involve communi cation of Restricted Data relating to the design or fabrication of weapons except with regard to external characteristics, includ- ng size , weight, and shape, yields and effects, and systems employed or use thereof but not including any data in these cate- gories unless in the joint judgment of the Commission and the Depart- ment of Defense such data will not reveal important information concerning the design or fabrication of the nuclear components of an weapon: And provided further, That the cooperation is under- e in the delivery atomic 1 61 Stat. 498; 50 U.S.C. $ 403 (d). 2876 AMERICAN FOREIGN POLICY, 1950-1955 or res lills, ment ment. Department of Defense shall keep the Joint Committee fully and cur- taken pursuant to an agreement entered into in accordance with section 123. Defen atomi [Sections 145-146 deal with Restrictions and General Provisions.) tion 1 "CHAPTER 13. PATENTS AND INVENTIONS [Sections 151-160 deal with Military Utilization; Inventions Con- ceived During Commission Contracts; Nonmilitary Utilization; In- Como junctions; Prior Art; Commission Patent Licenses; Compensation, of the Awards, and Royalties; Monopolistic Use of Patents; Federally Financed mem Research; and Saving Clause. Repr “CHAPTER 14. GENERAL AUTHORITY or ot the j [Sections 161-169 deal with General Provisions, Contracts, Advisory Point Committees, Electric Utility Contracts, Contract Practices, Comptroller Com General Audit, Claim Settlements, Payments in Lieu of Taxes, and No Subsidy.] (SE Class "CHAPTER 15. COMPENSATION FOR PRIVATE PROPERTY ACQUIRED ISE [Sections 171-174 deal with Just_Compensation, Condemnation of Real Property, Patent Application Disclosures, and Attorney General Approval of Title.] Dheel "CHAPTER 16. JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE [Sections 181-189 deal with General, License Applications, Terms of Licenses, Inalienability of Licenses, Construction Permits, Revocation, Modification of Licensé, Continued Operation of Facilities, and Hearings and Judicial Review.] “CHAPTER 17. JOINT COMMITTEE ON ATOMIC ENERGY "SEC. 201. MEMBERSHIP.—There is hereby established a Joint Com- mittee on Atomic Energy to be composed of nine Members of the Senate to be appointed by the President of the Senate, and nine Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance not more than five Members shall be members of the same political party. "SEC. 202. AUTHOPITY AND DUTY.—The Joint Committee shall make continuing studies of the activities of the Atomic Energy Com- mission and of problems relating to the development, use, and control of atomic energy. During the first sixty days of each session of the Congress, the Joint Committee shall conduct hearings in either open or executive session for the purpose of receiving information concern- ing the development, growth, and state of the atomic energy industry . The Commission shall keep the Joint Committee fully and currently informed with respect to all of the Commission's activities. The Sectio Data: Injur IS Prop Appl depa Af 38. me UI TH erum Irela RE they RE the e e IT with DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2877 Recognizing that their common interests will be advanced by 0 United Kingdom, June 15, 1955 1 they be prepared to meet the contingencies of atomic warfare, Recognizing that their mutual security and defense requires that - the exchange of information pertinent thereto, 1 TIAS 3322 (6 UST 2721); entered into force July 21, 1955. Similar agreement with Canada on the same date, TIAS 3305 (6 UST 2607). h Defense relating to the development, utilization, or application of stomic energy. Any Government agency shall furnish any informa- tion requested by the Joint Committee with respect to the activities or responsibilities of that agency in the field of atomic energy. All bills , resolutions, and other matters in the Senate or the House of Rep- resentatives relating primarily to the Commission or to the develop- ment, use, or control of atomic energy shall be referred to the Joint Committee. The members of the Joint Committee who are Members ( the Senate shall from time to time report to the Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from time to time report to the House, by bill er otherwise, their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the Joint Committee or otherwise within the jurisdiction of the Joint Committee. (Sections 203–207 deal with Chairman, Powers, Staff and Assistance, Classification of Information, and Records.] “CHAPTER 18. ENFORCEMENT Sections 221–231 deal with General Provisions, Violation of Specific Sections, Violation of Sections Generally, Communication of Restricted hata, Receipt of Restricted Data, Tampering with Restricted Data, Disclosure of Restricted Data, Statute of Limitations, Other Laws, 3 Injunction Proceedings, and Contempt Proceedings.] "CHAPTER 19. MISCELLANEOUS ES (Sections 241, 251, 261, 271–273, 281, and 291 deal with Transfer of Property, Report to Congress, Appropriations, Agency Jurisdiction, Applicability of Federal Power Act, Licensing of Government Agencies, Separability, and Short Title.] Approved August 30, 1954, 9:44 a. m., E.D.T. 38. ATOMIC INFORMATION FOR MUTUAL DEFENSE: Agree- ment Between the Governments of the United States and the The Government of the United States of America and the Gov- . rament of the United Kingdom of Great Britain and Northern $ 7 2 2 e Ireland, 2878 AMERICAN FOREIGN POLICY, 1950–1955 Sec ford 2 mer 3 sem acce ont pursuant to this Agreement lower than those set forth in the applicable Believing that the exchange of such information can be under- taken without threat to the security of either country, and Taking into consideration the United States Atomic Energy Act of 1954, which was prepared with these purposes in mind, Agree as follows: &gr ARTICLE I two 3. 1. While the United States and the United Kingdom are par- Dot ticipating in international arrangements for their mutual defense pers and security and making substantial and material contribution the thereto, each Government will from time to time make available the to the other Government atomic information which the Govern- to to ment making such information available deems necessary to: (a) the development of defense plans; b) the training of personnel in the employment of and defense against atomic weapons; and (c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons. A. (a 2. Atomic information which is transferred by either Govern- ment pursuant to this Agreement shall be used by the other Gov- ernment exclusively for the preparation and implementation of defense plans in the mutual interests of the two countries. ARTICLE II 1. All transfers of atomic information to the United Kingdom by the United States pursuant to this Agreement will be made in compliance with the provisions of the United States Atomic Energy Act of 1954 and any subsequent applicable United States legislation , All transfers of atomic information to the United States by the United Kingdom pursuant to this Agreement will be made in compliance with the United Kingdom Official Secrets Acts, 1911-1939, and the United Kingdom Atomic Energy Act of 1946. 2. Under this Agreement there will be no transfers by the United States or the United Kingdom of atomic weapons or special nuclear material, as these terms are defined in Section 11 d. and Section 11 t. of the United States Atomic Energy Act of 1954. ARTICLE III 1. Atomic information made available pursuant to this Agree ment shall be accorded full security protection under applicable infor security arrangements between the United States and the United zatie Kingdom and applicable national legislation and regulations of the two countries. In no case shall either Government maintain security standards for safeguarding atomic information made available $ b NO to co Wing deler infor this. lativ tion TI Gov. 1 Act of Aug. 30, 1954; supra. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2879 Government shall receive from the other Government written notifica- 1 information made available by the other Government pursuant to information has been made available to that nation or regional organ- ization by the other Government in accordance with its own legis- lative requirements and except to the extent that such communica- This Agreement shall enter into force on the date on which each security arrangements in effect on the date this Agreement comes into force. 2. Atomic information which is exchanged pursuant to this Agree- ment will be made available through channels existing or hereafter greed for the exchange of classified defense information between the two Governments, 3. Atomic information received pursuant to this Agreement shall not be transferred by the recipient Government to any unauthorized person or, except as provided in Article V of this Agreement, beyond the jurisdiction of that Government. Each Government may stipulate the degree to which any of the categories of information made available to the other Government pursuant to this Agreement may be dis- seminated, may specify the categories of persons who may have Bocess to such information, and may impose such other restrictions on the dissemination of such information as it deems necessary, ARTICLE IV As used in this Agreement, "atomic information" means: (a) so far as concerns the information provided by the United States, Restricted Data, as defined in Section 11 r. of the f United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the provisions of Section 144 b. of that Act, and information relating primarily to the military utilization of atomic weapons which has been removed from the Restricted Data category in accordance with the provisions of Section 142 d. of the United States Atomic Energy Act of 1 1954; I (b) so far as concerns the information provided by the United Kingdom, information exchanged under this Agreement which 1 is either classified atomic energy information or other United h Kingdom defense information which it is decided to transfer to d the United States in pursuance of Article I of this Agreement. ARTICLE V Nothing herein shall be interpreted or operate as a bar or restriction to consultation and cooperation by the United States or the United Kingdom with other nations or regional organizations in any fields of defense. Neither Government, however, shall communicate atomic this Agreement to any nation or regional organization unless the same tion is expressly authorized by such other Government. ARTICLE VI 1 I be ho Le d 1) le e 2880 AMERICAN FOREIGN POLICY, 1950-1955 Haton 1 w this Treat tion W 1 TI AS 3521 (7 UST 397); entered into force Mar. 29, 1956. The agreement tion that it has complied with all statutory and constitutional require the I ments for the entry into force of such an Agreement, and shall remain com t in effect until terminated by mutual agreement of both Governments. Secti DONE at Washington this Fifteenth day of June 1955 in two 3. A original texts. the upplica . till be 39. ATOMIC INFORMATION FOR MUTUAL DEFENSE: Agree intes ment Between the United States and the Other Parties to the North Nates Atlantic Treaty, June 22, 1955 PREAMBLE The Parties to the North Atlantic Treaty, signed at Washington 1. A on 4th April, 1949, Recognising that their mutual security and defence requires that they be prepared to meet the contingencies of atomic warfare, and North Recognising that their common interests will be advanced by 2.0 making available to the North Atlantic Treaty Organization infor- mation pertinent thereto, and orgina Taking into consideration the United States Atomic Energy Act author of 1954, which was prepared with these purposes in mind, Acting on their own behalf and on behalf of the North Atlantic Treaty Organization, Agree as follows: 1. While the North Atlantic Treaty Organization continues to make substantial and material contributions to the common defence efforts, the United States will from time to time make available to the North Atlantic Treaty Organization, including its civil and mili- tary agencies and commands, atomic information wbich the Govern. ment of the United States of America deems necessary to: (a) the development of defence plans; (b) the training of personnel in the employment of and defence against atomic weapons; and (c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons. 2. As used in this Agreement so far as concerns information provided in effe by the United States, “atomic information" means Restricted Date, as defined in Section 11 r of the United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the pro- 1. visions of Section 144 b of that Act, and information relating primarily Organi tion re Inform Organi that o may st ARTICLE I made of pers such 0 becess 1. under and P lations the sa the pe the U shall di No 2.' fense, Apr. 2, -1955 (Department of State Bulletin, Apr. 25, 1955, pp. 686-687); the President approved the agreement in his letter to the chairman of the Joint Committee on Atomic Energy, Apr. 13, 1955 (ibid., p. 686). 2 Supra, doc. 37. INo DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2881 pin Not reprinted here. 1 ARTICLE II the United States of America pursuant to Article I of this Agreement North Atlantic Treaty Organization defence plans. in the military utilisation of atomic weapons which has been removed irm the Restricted Data category in accordance with the provisions Section 142 d of the United States Atomic Energy Act of 1954. 3. All transfers by the Government of the United States of America tatomic information will be made in compliance with the provisions the United States Atomic Energy Act of 1954, and subsequent pplicable United States legislation. Under this Agreement there fill be no transfers of atomic weapons or special nuclear material, as these terms are defined in Section 11 d and Section 11 t of the United iates Atomic Energy Act of 1954. (The Sections of the United šates Atomic Energy Act of 1954 referred to in paragraphs 2 and 3 il this Article are attached). 1. Atomic information which is transferred to the North Atlantic Theaty Organization will be made available through the channels mw existing for providing classified military information to the orth Atlantic Treaty Organization. 2. Only those persons within the North Atlantic Treaty Organiza- im whose duties require access to atomic information may be the wiginal recipients of such information. Atomic information will be authorised for dissemination within the North Atlantic Treaty srganization only to persons whose North Atlantic Treaty Organiza- ton responsibilities require them to have access to such information. hformation will not be transferred by the North Atlantic Treaty Organization to unauthorised persons or beyond the jurisdiction of thet Organization. The Government of the United States of America made available by it may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of information as it deems 1. Atomic information will be accorded full security protection under applicable North Atlantic Treaty Organization regulations and procedures, and where applicable, national legislation and regu- akions . In no case will recipients maintain security standards for be safeguarding of atomic information lower than those set forth in the pertinent North Atlantic Treaty Organization security regulations effect on the date this Agreement comes into force. 1. Atomic information which is transferred by the Government of necessary ARTICLE III ARTICLE IV 1 41590057--Vol. 2-78 2882 AMERICAN FOREIGN POLICY, 1950–1955 render reports to the Government of the United States of America Sex of the use which has been made of the information. These reports RE will contain pertinent information requested by the Government of Am the United States of America and will in particular contain a list of the persons possessing certain categories of information, in accordance Se with the provisions of paragraph 2 of Article II, and a list of the docu- oft ments which have been transferred. ll. ( 1. The Parties to the North Atlantic Treaty, other than the United States, will to the extent that they deem necessary, make available to the North Atlantic Treaty Organization information in the same categories as may be made available by the United States under for Article I of this Agreement. Any such information will be supplied on the same or similar conditions as those which apply under this the Agreement with respect to the United States. ARTICLE V and ARTICLE VI Va. of 1 1. The Agreement shall enter into force upon notification to the ser United States by all Parties to the North Atlantic Treaty that they dg are bound by the terms of the Agreement. 2. If any other State becomes a Party to the North Atlantic Treaty qui no information made available to the North Atlantic Treaty Organizares tion under this Agreement will be provided to any person who is : national of, or who is employed by, the new Party to the North Atlantic Treaty until the new Party has notified the Government of me the United States of America that it is bound by the terms of this Agreement, and upon such notification, this Agreement will enter into force for the new Party. 3. The Government of the United States of America will inform to all Parties to the North Atlantic Treaty of the entry into force of this Agreement under paragraph 1 of this Article and of each notifica- tion received under paragraph 2 of this Article. 4. This Agreement shall be valid as long as the North Atlantic les Treaty is in force. In witness whereof the undersigned Representatives have signed the present Agreement on behalf of their respective States, member of the North Atlantic Treaty Organization, and on bebalf of the North Atlantic Treaty Organization. Done at Paris this 22nd day of June 1955, in the English French languages, both texts being equally authoritative, in a single original which shall be deposited in the Archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the signatory and acceding states. COU IT Ch and US Ju 6 18 int wi JU ag a DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2883 Netherlands, July 18, 1955 (entered into force Dec. 30, 1955) (TIAS 3461; 6 UST 6097); Pakistan, Aug. 11, 1955 (TIAS 3315; 6 UST 2665); Philippines, erica SECTIONS OF THE UNITED STATES ATOMIC ENERGY ACT OF 1954 ports REFERRED TO IN THE AGREEMENT FOR CO-OPERATION REGARDING nt of ATOMIC INFORMATION ist of lanco (Sections 113, 11r, 117, 142d, and 1446; not reproduced here, see text locus of the Act, supra.] 40. CIVIL USES OF ATOMIC ENERGY: Agreement Between the Governments of the United States and the Turkish Republic, nited June 10, 1955 1 lable затв Whereas the peaceful uses of atomic energy hold great promise nder for all mankind; and Whereas the Government of the United States of America and this the Government of the Turkish Republic desire to cooperate with each other in the development of such peaceful uses of atomic energy; and Whereas there is well advanced the design and development of the several types of research reactors (as defined in Article Å of this they Agreement); and Whereas research reactors are useful in the production of research eaty quantities of radioisotopes, in medical therapy and in numerous other nize research activities and at the same time are a means of affording is a valuable training and experience in nuclear science and engineering orth useful in the development of other peaceful uses of atomic energy at of including civilian nuclear power; and this Whereas the Government of the Turkish Republic desires to pursue into a research and development program looking toward the realization of the peaceful and humanitarian uses of atomic energy and desires tomto obtain assistance from the Government of the United States of TIAS 3320 (6 UST 2703); entered into force on date of signature. The agreement with Turkey is usually considered the "Master" agreement, being the first concluded under the "Atoms for Peace” program. As of the end of calendar Pear 1955 the United States had signed similar agreements with the following muntries on the dates indicated: Argentina, July 29, 1955 (TIAS 3299; 6 UST 1937); Belgium, July 21, 1955 (TIAS 3301; 6 UST 2551); Brazil, Aug.' 3, 1955 Chile, Aug. 8, 1955 (TIAS 3306; 6 UST 2611); China, July 18, 1955 (TIAS 3307 the i UST 2617); Colombia, July 19, 1955 (TÍÁS 3308; 6 UST 2623), Denmark, UST 2635); Israel, July 12, 1955 (TIAS 3311; 6 UŚT 2641) Italy, July 28, 1955 (TTAS 3312; 6 UST 2647); Japan, Nov. 14, 1955 (entered into force Dec. 27, 1955) TITAS 3465; 6 UST 6119); "Lebanon, July 18, 1955 (TIAS 3313; 6 UST 2653); the GUST 2677); Spain, July 19, 1955 TIAS 3318; & UST 2689); Switzerland, July into force July 21 , 1955) TIAS 3321; 6 UST 2009); supplemental agreement prilike the United Kingdom, Nov. 3, 1955 (TIAS 3359; 6'ÚST 3079); and Venezuela, dely 21, 1955 (TIAS:3:23; 6' UST 27255. TExcept where otherwise indicated, these agreements entered into force on the date of signature. ce of fica- antic gned bers and ngle hent ited 2884 AMERICAN FOREIGN POLICY, 1950–1955 Inr ma- res be me America and United States industry with respect to this program; and the Whereas the Government of the United States of America, repre- sented by the United States Atomic Energy Commission (hereinafter Ar referred to as the "Commission"), desires to assist the Government of the Turkish Republic in such a program; The Parties therefore agree as follows: ARTICLE I tbe Subject to the limitations of Article V, the parties bereto will ара exchange information in the following fields: per spe A. Design, construction and operation of research reactors and their use as research, development, and engineering tools and in medical therapy. B. Health and safety problems related to the operation and use of research reactors. C. The use of radioactive isotopes in physical and biological research, medical therapy, agriculture, and industry. TI ARTICLE II zat A. The Commission will lease to the Government of the Turkish of a Republic uranium enriched in the isotope U-235, subject to the terms and conditions provided herein, as may be required as initial and re- tra: placement fuel in the operation of research reactors which the Govern- ment of the Turkish Republic, in consultation with the Commission, decides to construct and as required in agreed experiments re- lated thereto. Also, the Commission will lease to the Government of the Turkish Republic uranium enriched in the isotope U-235 , subject to the terms and conditions provided herein, as may be re- quired as initial and replacement fuel in the operation of such research reactors as the Government of the Turkish Republic may, in con. sultation with the Commission, decide to authorize private individuals or private organizations under its jurisdiction to construct and operate , provided the Government of the Turkish Republic shall at all times maintain sufficient control of the material and the operation of the } reactor to enable the Government of the Turkish Republic to comply with the provisions of this Agreement and the applicable provisions of the lease arrangement. B. The quantity of uranium enriched in the isotope U-235 trans- ferred by the Commission into the custody of the Government of the Turkish Republic shall not at any time be in excess of six (6) kilograms Da of contained U-235 in uranium enriched up to a maximum of twenty percent (20%) U-235, unless the Commission shall specify that greater quantity of such material may be transferred under this Agree- ment to the Government of the Turkish Republic or authorized per- sons under its jurisdiction. C. When any fuel elements containing U-235 leased by the Com- mission require replacement, they shall be returned to the Commis sion and, except as may be agreed, the form and content of the &NC and ern and and seri the trai ing A SUCI rich user mel DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2885 re- ter ent in ise riched in the isotope U-235 leased from the Commission shall be used solely for the purposes agreed in accordance with this Agree- irradiated fuel elements shall not be altered after their removal from cm; the reactor and prior to delivery to the Commission. D. The lease of uranium enriched in the isotope U-235 under this Article shall be on such terms and conditions as may be mutually agreed and under the conditions stated in Articles VI and VII. ARTICLE III Subject to the availability of supply and as may be mutually agreed, the Commission will sell or lease through such means as it deems rill appropriate, to the Government of the Turkish Republic or authorized persons under its jurisdiction such reactor materials, other than special nuclear materials, as are not obtainable on the commercial nd market and which are required in the construction and operation of research reactors in Turkey. The sale or lease of these materials shall be on such terms as may be agreed. ARTICLE IV mal It is contemplated that, as provided in this Article, private indi- viduals and private organizations in either the United States or Turkey may deal directly with private individuals and private organi- zations in the other country. Accordingly, with respect to the subjects ish of agreed exchange of information as provided in Article I, the Govern- ment of the United States will permit persons under its jurisdiction to transfer and export materials, including equipment and devices, to, and perform services for, the Government of the Turkish Republic on, and such persons under its jurisdiction as are authorized by the Gov- ernment of the Turkish Republic to receive and possess such materials nt and utilize such services, subject to: 5, A. Limitations in Article V. ch B. Applicable laws, regulations and license requirements of the Government of the United States, and the Government of the e, ARTICLE V le Restricted Data shall not be communicated under this Agreement IT and no materials or equipment and devices shall be transferred and no of services shall be furnished under this Agreement to the Government of the Turkish Republic or authorized persons under its jurisdiction if the transfer of any such materials or equipment and devices or the furnish- me of any such services involves the communication of Restricted ARTICLE VI 1. The Government of the Turkish Republic agrees to maintain she safeguards as are necessary to assure that the uranium en- ment and to assure the safekeeping of this material. US re- -11- - 11- Is Turkish Republic. 3. S- je IS Data. V ܝܨ ܒܘ le ga le 2886 AMERICAN FOREIGN POLICY, 1950-1955 DIE one mig I At the expiration of this Agreement or any extension thered mission at a site in the United States designated by the Commissie B. The Government of the Turkish Republic agrees to maintain such safeguards as are necessary to assure that all other reactor materials, including equipment and devices, purchased in the United Le States of America under this Agreement by the Government of the Turkish Republic or authorized persons under its jurisdiction, shall be used solely for the design, construction, and operation of research reactors which the Government of the Turkish Republic decides to construct and operate and for research in connection therewith, excepten as may otherwise be agreed. ing C. În regard to research reactors constructed pursuant to this from Agreement the Government of the Turkish Republic agrees to mai- tain records relating to power levels of operation and burnup of reactor fuels and to make annual reports to the Commission on these subjects If the Commission requests, the Government of the Turkish Republic will permit Commission representatives to observe from time to time the condition and use of any leased material and to observe the per- formance of the reactor in which the material is used. ARTICLE VII Guaranties Prescribed by the U.S. Atomic Energy Act of 1954 The Government of the Turkish Republic guaranties that: pro A. Safeguards provided in Article VI shall be maintained dev B. No material, including equipment and devices, transferred to the Government of the Turkish Republic or authorized person der: under its jurisdiction, pursuant to this Agreement, by lease, seal tion or otherwise will be used for atomic weapons or for research oz er I development of atomic weapons or for any other military purposes and that no such material, including equipment and devices , will be transferred to unauthorized persons or beyond the jurisdiction the Government of the Turkish Republic except as the Commission. I may agree to such transfer to another nation and then only if in the me opinion of the Commission such transfer falls within the scope o! | I agreement for cooperation between the United States and the other nation. ARTICLE VIII This Agreement shall enter into force on June 10, 1955 and te main in force until June 9, 1965, inclusively, and shall be subjek to renewal as may be mutually agreed. States all fuel elements containing reactor fuels leased by the Cam mission and any other fuel materiál leased by the Commission . Sud fuel elements and such fuel materials shall be delivered to the Chur anc par ANO BUC Sta . 1 Act of Aug. 30, 1954; supra, doc. 37. DISARMAMENT AND CONTROL OF ATOMIC ENERGY 2887 o time Lintain the expense of the Government of the Turkish Republic, and such eactor delivery shall be made under appropriate safeguards against radiation United hazards while in transit. of the shal ARTICLE IX , search It is the hope and expectation of the parties that this initial Agree- des te ment for Cooperation will lead to consideration of further cooperation except extending to the design, construction, and operation of power produc- ng reactors. Accordingly, the parties will consult with each other from time to time concerning the feasibility of an additional agreement main- mall for cooperation with respect to the production of power from atomic reactor energy in Turkey . bjects . epublic ARTICLE X For purposes of this Agreement: de per- "Commission" means the United States Atomic Energy Com- mission or its duly authorized representatives. B. “Equipment and devices” means any instrument or apparatus, and includes research reactors, as defined herein, and their component parts. C. “Research reactor” means a reactor which is designed for the production of neutrons and other radiations for general research and development purposes, medical therapy, or training in nuclear science and engineering. The term does not cover power reactors, power Derse demonstration reactors, or reactors designed primarily for the produc- tion of special nuclear materials. D. The terms "Restricted Data", "atomic weapon", and "special por unclear material ” are used in this Agreement as defined in the United will States Atomic Energy Act of 1954. nisionIn WITNESS WHEREOF, the parties hereto have caused this Agree- in the ment to be executed pursuant to duly constituted authority. 3 of Al Done at Washington in duplicate this tenth day of June, 1955. 1 red to On 07 cion 3 other 2nd me subjek thered United * Com Such e Com missie 010 do pea as mi to res 1 an reo Nov. 24, 1950, the President requested the Advisory Board on International Development (Mr. Nelson Rockefeller, chairman) to "address itself specifically You will wish to formulate your recommendations in light of the Gray Report's The Advisory Board had been created under the “Act for International Develop Four of the President's Inaugural Address, Jan. 20, 1949 (see A Decade of American Foreign Policy, pp. 1366–1367). The "recommendations of the Board appear Part XVII pr of TE FOREIGN ECONOMIC POLICIES—TRADE AND TARIFFS an list Pri [REPORT TO THE PRESIDENT BY HIS SPECIAL ASSISTANT art ON FOREIGN ECONOMIC POLICIES (GRAY REPORT), NO- COC VEMBER 10, 1950] of the [REPORT TO THE PRESIDENT BY THE INTERNATIONAL DE VELOPMENT ADVISORY BOARD (ROCKEFELLER REPORT), lik MARCH 7, 1951] 2 bu 1. TRADE AGREEMENTS EXTENSION ACT OF 1951: Public Law agt 50 (82d Congress, 1st Session), June 16, 1951 % rep Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited Co the as the "Trade Agreements Extension Act of 1951”. to 1 Report to the President on Foreign Economic Policies, Washington, D.C. Government Printing Office, 1950. On Mar. 31, 1950, the President requested of Mr. Gordon Gray as his special assistant to study the whole complex of United is States foreign economic relations and to develop appropriate recommendations designed to "assure ourselves that our policies are those which will serve best to an reinforce our economic strength and that of the other free nations of the world For "Summary and Recommendations," see ibid., pp. 1-18; for "Analysis of the Gray Report, operation of the Senate Appropriations Committee, 82d Cong., 1st sess. (Sulk committee Print). · Partners in Progress: A Report to the President by the International Development of Advisory Board, Washington, D.C., Government Printing Office, 1951., and effectiveness the broad objectives and policies of the Point Four programmer comprehensive analysis of our entire foreign economic policy" (ibid., pp: Or sul ma IN an SOL sec int mc ad or Point 1 in italics under the appropriate topical headings of the Report. 3 65 Stat. 72. 2 2888 FOREIGN ECONOMIC POLICIES 2889 1 Act of June 17, 1930; 46 Stat. 590. 1 modification of duties or other import restrictions, the imposition of additional import restrictions, or the continuance of existing customs Sec. 2. The period during which the President is authorized to enter into foreign-trade agreements under section 350 of the Tariff Act of 1930,' as amended and extended is hereby extended for a further period of two years from June 12, 1951. Sec. 3. (a) Before entering into negotiations concerning any proposed foreign trade agreement under section 350 of the Tariff Act of 1930, as amended, the President shall furnish the United States Tariff Commission (hereinafter in this Act referred to as the “Com- mission") with a list of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continu- ance of existing customs or excise treatment. Upon receipt of such list the Commission shall make an investigation and report to the President the findings of the Commission with respect to each such ANT article as to (1) the limit to which such modification, imposition, or NO- continuance may be extended in order to carry out the purpose of such section 350 without causing or threatening serious injury to the domestic industry producing like or directly competitive articles; DE and (2) if increases in duties or additional import restrictions are RT), required to avoid serious injury to the domestic industry producing like or directly competitive articles the minimum increases in duties or additional import restrictions required. Such report shall be made by the Commission to the President not later than 120 days after Law receipt of such list by the Commission. No such foreign trade Agreement shall be entered into until the Commission has made its report to the President or until the expiration of the 120-day period. nited (b) In the course of any investigation pursuant to this section the Commission shall hold hearings and give reasonable public notice thereof, and shall afford reasonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. (C) Section 4 of the Act entitled “An Act to amend the Tariff Act , approved June 12, 1934, as amended (19 U.S. C., sec. 1354), is hereby amended by striking out the matter following the semicolon est to and inserting in lieu thereof the following: "and before concluding por such agreement the President shall request the Tariff Commission to make the investigation and report provided for by section 3 of the Trade Agreements Extension Act of 1951, and shall seek information and advice with respect to such agreement from the Departments of State, Agriculture, Commerce, and Defense, and from such other sources as he may deem appropriate. SEC. 4. (a) Within thirty days after any trade agreement under section 350 of the Tariff Act of 1930, as amended, has been entered mto which, when effective, will (1) require or make appropriate any cited ex D.C. iested Tnited of 1930" ations ic Co Sub pment On tional fically patch port's 7-90). velor Point prior will exceed the limit to which such modification, imposition, or con- tinuance may be extended without causing or threatening serious ppear ? 48 Stat. 943, 2890 AMERICAN FOREIGN POLICY, 1950–1955 we mer either House of Congress, upon resolution of either the Committee on injury to the domestic industry producing like or directly competitive articles as found and reported by the Tariff Commission under section 3, or (2) fail to require or make appropriate the minimum increase in duty or additional import restrictions required to avoid such injury , pro the President shall transmit to Congress a copy of such agreement together with a message accurately identifying the article with respecte to which such limits or minimum requirements are not complied with , the and stating his reasons for the action taken with respect to such article. If either the Senate or the House of Representatives, or both, due are not in session at the time of such transmission, such agreement and I message shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, or both, as the case may be . by (b) Promptly after the President has transmitted such foreign the trade agreement to Congress the Commission shall deposit with the Committee on Ways and Means of the House of Representatives , and noti the Committee on Finance of the Senate, a copy of the portions of its part report to the President dealing with the articles with respect to which heat such limits or minimum requirements are not complied with. S Sec. 5. As soon as practicable, the President shall take such action and as is necessary to suspend, withdraw or prevent the application of any, reduction in any rate of duty, or binding of any existing customs or excise treatment, or other concession contained in any trade agreement qua entered into under authority of section 350 of the Tariff Act of 1930, as I amended and extended, to imports from the Union of Soviet Socialist pro Republics and to imports from any nation or area dominated or con- olled by the foreign government or foreign organization controlling the the world Communist movement. Sec. 6. (a) No reduction in any rate of duty, or binding of any existing customs or excise treatment, or other concession Hereafter set proclaimed under section 350 of the Tariff Act of 1930, as amended, in shall be permitted to continue in effect when the product on which the ho concession has been granted is, as a result, in whole or in part, of the tior duty or other customs treatment reflecting such concession, being imported into the United States in such increased quantities, either actual or relative, as to cause or threaten serious injury to the domestic com industry producing like or directly competitive products. pro (b) The President, as soon as practicable, shall take such action sale as may be necessary to bring trade agreements heretofore entered into pro under section 350 of the Tariff Act of 1930, as amended, into con- formity with the policy established in subsection (a) of this section On or before January 10, 1952, and every six months thereafter, the gat President shall report to the Congress on the action taken by him the tio under this subsection. SEC. 7. (a) Upon the request of the President, upon resolution of to House of Representatives, upon its own motion, or upon application 42 and 54 (83d Cong., 1st sess.), and Department of State Bulletin, July 20, 1958 , For reports of July 10, 1952, Jan. 10, 1953, and July 9, 1953, see H. Door mod Deco 800) ( Tai tio 1 dus da sei or p. 92. FOREIGN ECONOMIC POLICIES 2891 dustry. If the President does not take such action within sixty days he shall immediately submit a report to the Committee on Ways Senate stating why he has not made such adjustments or modifications, ive Jol any interested party, the United States Tariff Commission shall ion promptly make an investigation and make a report thereon not later than one year after the application is made to determine whether any ry, product upon which a concession has been granted under a trade ent agreement is, as a result, in whole or in part, of the duty or other ect customs treatment reflecting such concession, being imported into th , the United States in such increased quantities, either actual or relative, ach a to cause or threaten serious injury to the domestic industry pro- th, ducing like or directly competitive products. ind In the course of any such investigation, whenever it finds evidence erk of serious injury or threat of serious injury or whenever so directed by resolution of either the Committee on Finance of the Senate or ign the Committee on Ways and Means of the House of Representatives, the the Tariff Commission shall hold hearings giving reasonable public and notice thereof and shall afford reasonable opportunity for interested its parties to be present, to produce evidence, and to be heard at such ich hearings. Should the Tariff Commission find, as the result of its investigation ion and hearings, that a product on which a concession has been granted ny 1, as a result, in whole or in part, of the duty or other customs treat- or ment reflecting such concession, being imported in such increased ent quantities, either actual or relative, as to cause or threaten serious as wjury to the domestic industry producing like or directly competitive list products, it shall recommend to the President the withdrawal or on modification of the concession, its suspension in whole or in part, or ing the establishment of import quotas, to the extent and for the time necessary to prevent or remedy such injury. Within sixty days, or Dy sooner if the President has taken action under subsection (c) of this ter section, the Tariff Commission shall transmit to the Committee on ed di finance of the Senate and the Committee on Ways and Means of the the house of Representatives an exact copy of its report and recommenda- che tions to the President. ng b) In arriving at a determination in the foregoing procedure the mer Tariff Commission, without excluding other factors, shall take into tie consideration a downward trend of production, employment, prices, profits , or wages in the domestic industry concerned, or a decline in on sales , an increase in imports, either actual or relative to domestic to production, a higher or growing inventory, or a decline in the propor- on- tion of the domestic market supplied by domestic producers. C) Upon receipt of the Tariff Commission's report of its investi- he sation and hearings, the President may make such adjustments in the rates of duty, impose such quotas, or make such other modifica- tions as are found and reported by the Commission to be necessary prevent or remedy serious injury to the respective domestic in- and Means of the House and to the Committee on Finance of the D. im of to 011 he ON os 33 or imposed such quotas. 2892 1950-1955 AMERICAN FOREIGN POLICY, CO SEC (d) When in the judgment of the Tariff Commission no sufficient REI reason exists for a recommendation to the President that a concession should be withdrawn or modified or a quota established, it shall make and publish a report stating its findings and conclusions. SEC. 8. (a) In any case where the Secretary of Agriculture deter- mines and reports to the President and to the Tariff Commission with RED BE regard to any agricultural commodity that due to the perishability of the commodity a condition exists requiring emergency treatment , 24 the Tariff Commission shall make an immediate investigation under the provisions of section 22 of the Agricultural Adjustment Act, as 2T amended,' or under the provisions of section 7 of this Act to determine the facts and make recommendations to the President for such relief under those provisions as may be appropriate. The President may B. take immediate action however, without awaiting the recommenda- State tions of the Tariff Commission if in his judgment the emergency as th requires such action. In any case the report and findings of the Tariff Commission and the decision of the President shall be made at the earliest possible date and in any event not more than 25 cal- endar days after the submission of the case to the Tariff Commission. (b) Subsection (f) of section 22 of the Agricultural Adjustment T Act, as amended, is hereby amended to read as follows: "(f) No trade agreement or other international agreement hereto- & lor fore or hereafter entered into by the United States shall be applied in a manner inconsistent with the requirements of this section. SEC. 9. (a) The second sentence of section 2 (a) of the Act entitled T “An Act to amend the Tariff Act of 1930”, approved June 12, 1934, Agr as amended, is amended by striking out the word "sections" and insert- ing in lieu' thereof the word "section" and by striking out "and 516 (b)”. (b) Subsection (c) of section 17 of the Customs Administrative Act of 1938, as amended, is hereby repealed. SEC. 10. The enactment of this Act shall not be construed to deter-mad mine or indicate the approval or disapproval by the Congress of the Executive Agreement known as the General Agreement on Tarifs and Trade 3 Sec. 11. The President shall, as soon as practicable, take such meas- ures as may be necessary to prevent the importation of ermine , fox , kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed upon or undressed, which are the product of the Union of Soviet Socialist Republics or of Communist China. fore SEC ame mor the 1 dom Come Tech men Com 2 1 Act of July 3, 1948; 62 Stat. 1247. 2 Act of June 25, 1938; 52 Stat. 1077. 3 Agreement of Oct. 30, 1947; 61 Stat., pts. 5 and 6. the Prin viso take larte amc spec 1956 ager 104 436- j FOREIGN ECONOMIC POLICIES 2893 + Act of June 17, 1930; 46 Stat. 590. 1 Commodities; vol. III, The Outlook for Energy Sources; vol. IV, The Promise of ment Printing Office, 1952). Mr. William S. Paley served as chairman of this | letin, July 14, 1952, pp. 55-60. Commission. "Digest of Volume I” may be found in Department of State Bul- | Printing Office, 1953. The President requested the members of the Public Ad- take an investigation of the foreign trade policies of the United States, particu- visory Board for Mutual Security (Mr. Daniel Bell, acting chairman) to "under- special reference to the expiration of the Reciprocal Trade Agreements Act in | agencies in the trade field” (Department of State Bulletin, July 21, 1952, pp. 104–105). A summary of the Bell report appears ibid., Mar. 23, 1953, pp. ent REPORT OF THE PRESIDENT'S MATERIALS POLICY sion | COMMISSION (PALEY REPORT), JUNE 1952] ake ter- rith REPORT TO THE PRESIDENT BY THE PUBLIC ADVISORY lity BOARD FOR MUTUAL SECURITY (BELL REPORT), FEBRUARY ent, 24, 1953] ? der as 2 TRADE AGREEMENTS EXTENSION ACT OF 1953: Public Law line 215 (83d Congress, 1st Session), August 7, 1953 3 liel 18y da- Be it enacted by the Senate and House of Representatives of the United kates of America in Congress assembled, That this Act may be cited ncy the as the "Trade Agreements Extension Act of 1953”. ade TITLE -FOREIGN-TRADE AGREEMENTS cal- ion. SEC. 101. EXTENSION OF AUTHORITY. ent The period during which the President is authorized to enter into foreign-trade agreements under section 350 of the Tariff Act of 1930, eto s amended and extended 4 (19 U.S. C., sec. 1351), is hereby extended lied for a further period of one year from June 12, 1953. SEC . 102. TIME FOR CERTAIN REPORTS BY TARIFF COMMISSION. cled The first paragraph of subsection (a) of section 7 of the Trade 134, Agreements Extension Act of 1951 5 (19'U.S. C., sec. 1364) is hereby erto amended by striking out one year and inserting in lieu thereof "nine and months”. In the case of any application made under such first para- graph before the date of the enactment of this Act, the United States Live Tariff Commission shall make its report not later than whichever of the following is the earlier: (1) one year after the application was fer- made, or (2) nine months after the date of the enactment of this Act. the iffs ' Report of the President's Materials Policy Commission, Resources for Free dom: vol. I, Foundations for Growth and Security; vol. II, The Outlook for Key OX list the Public Advisory Board for "Mutual Security, Washington, D. c., Government larly as they affect our efforts . to achieve economic strength and solvency I think you should examine our tariff policy, with I would also like to have your views on the role of international cas- sed among the free nations. . 1953. 436-438. 367 Stat. 472. * Supra, doc. 1. 2894 AMERICAN FOREIGN POLICY, 1950–1955 as 10 as no I SU SEC. 103. GENERAL AGREEMENT ON TARIFFS AND TRADE NOT AFFECTED. The enactment of this Act shall not be construed to determine or indicate the approval or disapproval by the Congress of the Executive Agreement known as the General Agreement on Tariffs and Trade. SEC. 104. EMERGENCY ACTION UNDER SECTION 22 OF THE AGRI. CULTURAL ADJUSTMENT ACT. Section 8 of the Trade Agreements Extension Act of 1951 (Public Law 50, Eighty-second Congress, first session) is hereby amended by SEC. adding a new subsection (c) at the end thereof, reading as follows: "(c) Subsection (b) of section 22 of the Agriculture Adjustment Act, TI as amended, is amended by adding at the end thereof the following : " 'In any case where the Secretary of Agriculture determines and reports to the President with regard to any article or articles that & C. condition exists requiring emergency treatment, the President may take immediate action under this section without awaiting the recom- pse mendations of the Tariff Commission, such action to continue in effect pending the report and recommendations of the Tariff Com- mission and action thereon by the President.'" TITLE II-UNITED STATES TARIFF COMMISSION SEC. 201. EFFECT OF DIVIDED VOTE IN CERTAIN CASES. Section 330 of the Tariff Act of 1930, as amended, is hereby amended polit . by adding a new subsection (d) reading as follows: "(d) EFFECT OF DIVIDED VOTE IN CERTAIN CASES.- “(1) Whenever, in any case calling for findings of the Com- mission in connection with any authority conferred upon the sec. President by law to make changes in import restrictions, a major- |, T ity of the commissioners voting are unable to agree upon findings shall or recommendations, the findings (and recommendations, if any) man unanimously agreed upon by one-half of the number of commis- sioners voting may be considered by the President as the findings and recommendations of the Commission: Provided, That if the Men commissioners voting are divided into two equal groups each of which is unanimously agreed upon findings (and recommenda; tions, if any) the findings (and recommendations, if any) of la either group may be considered by the President as the findings bers (and recommendations, if any) of the Commission. In any case . of a divided vote referred to in this paragraph the Commission stal shall transmit to the President the findings and recommendapens tions, if any) of each group within the Commission with respect to the matter in question. A "(2) Whenever, in any case in which the Commission is author ized to make an investigation upon its own motion, upon.com plaint, or upon application of any interested party, one-half of Bot the number of commissioners voting agree that the investigation in should be made, such investigation shall thereupon be carried the le out in accordance with the statutory authority covering the matter 1 Agreement of Oct. 30, 1947; 61 Stat., pts. 5 and 6. 2 Act of July 3, 1948; 62 Stat. 1247. II SU be fr SEC. N SEC. the the shal I! FOREIGN ECONOMIC POLICIES 2895 The Commission made its report in January 1954; see infra, doc. 3. Or ive 1 RI- 11) - travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. ОТ in question. Whenever the Commission is authorized to hold hearings in the course of any investigation and one-half of the number of commissioners voting agree that hearings should be held, such hearings shall thereupon be held in accordance with the statutory authority covering the matter in question." TITLE III-ESTABLISHMENT OF COMMISSION ON ylic FOREIGN ECONOMIC POLICY 1 by SEC. 301. ESTABLISHMENT OF THE COMMISSION. .ct, There is hereby established a bipartisan commission to be known w the Commission on Foreign Economic Policy in this title referred ng: ind to as the "Commission”). t & SEC. 302. MEMBERSHIP OF THE COMMISSION. tøy (a) NUMBER AND APPOINTMENT.—The Commission shall be com- m- posed of seventeen members as follows: (1) Seven appointed by the President of the United States; (2) Five appointed from the Senate by the Vice President of the United States; and (3) Five appointed from the House of Representatives by the Speaker of the House of Representatives. (b) POLITICAL AFFILIATION.- Of the first class of members specified led in subsection (a), no more than four members shall be from the same political party. Of the second and third classes of members specified in subsection (a), no more than three members from each class shall be from the same political party. the SEC. 303. ORGANIZATION OF THE COMMISSION. The President shall designate the member of the Commission who og skall be the Chairman, and the member who shall be the Vice Chair- 25] ngs the Nine members of the Commission (including at least five who are of Members of Congress) shall constitute a quorum. ga- SEC. 305. COMPENSATION OF MEMBERS OF THE COMMISSION: of (8) MEMBERS OF CONGRESS.-Members of Congress who are mem- bers of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary ex- de penses incurred by them in the performance of the duties vested in (b) MEMBERS FROM THE EXECUTIVE Branch. The members of the Commission who are in the executive branch of the Government m- shell each receive the compensation which he would receive if he were pot a member of the Commission, but they shall be reimbursed for m- 01- man BIS- SEC. 304. QUORUM. nigs ase 100 ect the Commission 01- ied ter 2896 AMERICAN FOREIGN POLICY, 1950-1955 MISS 3 Act of Oct. 6, 1949; A Decade of American Foreign Policy, pp. 1356-1364. shall receive not to exceed $75 per diem when engaged in the per- eign formance of duties vested in the Commission, plus reimbursement for use travel, subsistence, and other necessary expenses incurred by them in to the performance of such duties. Ox- SEC. 306. STAFF OF THE COMMISSION. (a) APPOINTMENT OF PERSONNEL.—The Commission may appoint land such personnel as it deems advisable, without regard to the civil- service laws, and shall fix the compensation of such personnel in accordance with the Classification Act of 1949, as amended. The Commission may procure temporary and intermittent services in ac- cordance with section 15 of the Act of August 2, 1946 ? (5 U. S.C., sec. 55a), but at rates not to exceed $75 per diem for individuals. The Commission may reimburse employees, experts, and consultants for travel, subsistence, and other necessary expenses incurred by them in the performance of their official duties and make reasonable advances to such persons for such purposes. (b) CERTAIN Laws Not To APPLY.-Except for members of the Commission appointed by the Vice President or the Speaker of the House, and except for any member of the Commission who may be appointed by the President from the executive branch of the Govern- ment, service of an individual as a member of the Commission, employ- ment of an individual pursuant to the first sentence of subsection (8), and service by a person pursuant to the second sentence of subsec- tion (a), shall not be considered as service or employment bringing such person within the provisions of section 281, 283, or 284, or 1914 of title 18 of the United States Code, or section 412 of the Mutual Defense Assistance Act of 1949, as amended (22 U.S.C., sec. 1584), or section 190 of the Revised Statutes (5 U. S. C., sec. 99). SEC. 307. EXPENSES OF THE COMMISSION. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, so much as may be necessary to carry out the provisions of this title. SEC. 308. REPORT-EXPIRATION OF THE COMMISSION. (a) REPORT.-Within sixty days after the second regular session of the Eighty-third Congress is convened, the Commission shall make & report of its findings and recommendations to the President and to the Congress. (b) EXPIRATION OF THE COMMISSION.—Ninety days after the sub- mission to the Congress of the report provided for in subsection (9 ) of this section, the Commission shall cease to exist. SEC. 309. DUTIES OF THE COMMISSION. (a) IN GENERAL.- The Commission is directed to examine, study and report on the subjects of international trade and its enlargement consistent with a sound domestic economy, our foreign economie policy, and the trade aspects of our national security and total for- 1 Act of Oct. 28, 1949; 63 Stat. 954. 2 60 Stat. 806-812. I * 1 FOREIGN. ECONOMIC POLICIES 2897 nt es 1. inflationary policies, currency devaluations, exchange controls and regulation of exports and imports, preferential tariff systems, r- sign policy; and to recommend appropriate policies, measures, and or ractices. in 'b) CERTAIN OF THE MATTERS TO BE CONSIDERED AND REPORTED 0x — Without limiting the general scope of the direction to the Com- mission contained in subsection (a), the Commission shall consider, and shall report on, the following matters: il- (1) (A) Applicable provisions of the Constitution of the United in States; he (B) Laws, regulations, and practices of the United States relating to international trade, including such matters as tariffs, customs, customs administration, trade agreements, peril point ls. and escape procedures, opinions and decisions thereon of the its United States Tariff Commission and the President, import and export quotas, monetary licenses, countervailing duties, and pro- curement preferences; (C) Departments, agencies, boards, commissions, bureaus, and he other instrumentalities of the United States having jurisdiction he over, or dealing with, these matters; be (D) Laws, regulations, and practices and official instrumen- talities of other nations concerned with similar subject matters; V. (E) Pertinent statistics on international trade; and (F) Balance of payments, nation by nation; and the causes and effects of, and proposed remedies for, excessive imbalances. ng (2) Relationship of our foreign economic policies to, and their 14 influences on, our total foreign policy; and the proper relation- jal ship of each to the other. 4). (3) Effect of our foreign aid and military defense programs on international trade and international balance of payments. (4) Foreign markets of trading nations---extent and nature; in and the effect thereon of wars, other emergencies, technological advances, international relations, and other pertinent factors. TY (5) International instrumentalities, organizations, and agree- ments and practices affecting trade, such as the General Agree- ment on Tariffs and Trade, Customs Unions, Organization for of European Economic Cooperation, International Wheat Agree- ment, cartels, European Payments Union, European Coal and Steel Community, and International Monetary Fund. (6) Foreign investment capital and the flow of investment b- capital between nations need thereof---restrictions thereon-in- (8) ducements necessary to encourage role of the Export-Import Bank and of the International Bank for Reconstruction and (7) Effects on international trade of factors such as costs of pro- duction and pricing, labor practices and standards, general living standards, currency'manipulation, inconvertible currencies, official tiple currencies, bilateral trade agreements, barter arrangements, customs procedures, marking and transit problems, concealed 2C- .. 28 to Development. ly , ent IC OT 1. 415900_57---Vol. 2 -79 2898 AMERICAN FOREIGN POLICY, 1950–1955 IN 00 OCE een See to cres tha Whe Richard M. Simpson, John M. Vorys, Jere Cooper, and Laurie C. Battle, and David J. McDonald, Cola G. Parker, Jesse W. Tapp, John Hay Whitney, and most-favored nation treatment, government monopolies, state de controlled economies, state trading, and state-subsidized trading (8) Effect of existing and proposed trade policies on the pro- motion of peace and security and the betterment of political , i social, and economic life, domestic and foreign. SEC. 310. POWERS OF THE COMMISSION. of (a) HEARINGS AND SESSIONS.—The Commission or, on the authoriza- tion of the Commission, any subcommittee or member thereof, shall have power to hold hearings and to sit and act at such times and places, within the United States or elsewhere, to take such testimony, and to make such lawful expenditures, as the Commission or such citii subcommittee or member may deem advisable. (b) OBTAINING OFFICIAL DATA.—The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this title; and each such department, agency, and instrumentality is authorized to furnish such information to the Com- of mission, upon request made by the Chairman or by the Vice Chairman when acting as Chairman. [CUSTOMS SIMPLIFICATION ACT OF 1953: Public Law 243 (83d Congress, 1st Session), August 8, 1953) T fun 1 3. REPORT BY THE COMMISSION ON FOREIGN ECONOMIC POLICY (RANDALL REPORT), JANUARY 23, 1954 (Excerpts) köre 2 3 INTRODUCTION As directed by the Act of Congress under which our work has been stał undertaken, and guided by a sense of heavy responsibility, the memo faithfully to re-examine the international relationships of the Uniteddon States in the economic field, as they bear upon the soundness of our domestic economy and the security of our citizens. Dominating our thinking throughout, has been the sobering reali e zation that the policies pursued and the actions taken by the United nudi States in respect to foreign economic policy profoundly influence the pain 1 67 Stat. 507. 2 H. Doc, 290, 83d Cong., 2d sess. Individual statements, as well as minority report 'of Representatives Daniel A. Reed and Richard M. Simpsons following members: Clarence Be kandall (Chairman), Lamar Fleming, Jr. (Vire Bush, Walter F. George, and Harry F. Byrd, Representatives Daniel A. Rees T 8 The Trade Agreements Extension Act of 1953; supra. 1 cicio free = OUT of n duc the mus inte inst B tice ard FOREIGN ECONOMIC POLICIES 2899 The larger interests of all our people must at all times be our stand- va- om- stabilizing influence of free markets. uited ndustry, and agriculture, must all be respected. Where changes are duction, and distress to individual citizens. I the intelligently toward those known objectives. We must avoid the instability of the improvised. Boldness will be required. We have outgrown some former prac- ute destinies of all of the peoples of the world. Our Nation bears an ngwesome responsibility of world leadership. Though not of our seek- rong , it is one that we may be fated to bear for a long time to come. call we bear it with understanding, courage, and honor, we can make incalculable contributions to the cause of peace and the advancement of human welfare. In our discharge of this responsibility, we shall find at times that al our views will differ from those held by other free peoples. On such and occasions we must display forebearance, but never falter in the high quality of our leadership. ny, uch Nor can we forget that the security and well-being of our own citizens ace constantly at stake as we take significant steps in foreign i to economic policy, though the effects of such decisions may at times lity seem remote to the individual, or difficult of evaluation. out The responsibility which rests upon the President and the Congress and to make wise decisions, and to take them promptly, is grave indeed. How then shall our Government determine what is wise in the field mand foreign economic policy? Ours is clearly one of the most dynamic, the most resilient, the most creative economies in the world. Never has it seemed more powerful doan it is today. What, therefore, could be wiser than to determine 83d what are the sources of that strength, and then to build upon these as we play our part in the international economy? The strength of our domestic economy requires adherence to three 1. The freest possible opportunity for the development of individ- NIC ual talents and initiative in the utilization of private resources and ts) trough the free association of workers. 2. The maintenance of vigorous, but fair, competition, 3. The maintenance of a broad free market for goods and services. Our primary reliance should therefore be upon the incentives of the the enterprise system, the stimulating effects of competition, and the In moving toward a fresh release of these expapsive forces, here and ited abroad abroad, we must not expect to repeal history. The present fabric of our laws, the obligations which we have assumed under the necessities of national defense, the customs and traditions of our people, the basic eali protective standards of our laws that safeguard wages, commerce, the required they must be embarked upon gradually, with every precau- tion possible taken to avoid dislocations in our present systems of pro- Changes when made must take us toward recognizable goals. We aust know what we are seeking to achieve and advance steadily and fundamental principles: Deen len- ored 3 the pson, ( Scott Reed tices. 800 8.00 Į ard of conduct. 2900 AMERICAN FOREIGN POLICY, 1950–1955 hos meleg wont Onga FLY of m with TH in its 11 Ishii be me throu But plish can be Owins cial situation in most of the countries has much improved and inflation pilin Responsible behavior on our part, moreover, requires that we recog- nize our own limitations and restrict our commitments to our capa- bilities. Our first obligation to the world, as well as to ourselves, is to keep the United States strong. Only from that firm base shall we be able intelligently and worthily to measure up to our great responsi- bility in world leadership. That from our own resources we have already poured out vast sums to help reconstruct a war-torn world, and to further our own security, is common knowledge. But the extent to which there still exists a serious distortion in our economic relationships with the rest of the world is not so clearly understood. Basic, therefore, to any survey of our foreign economic problems is an analysis of the so-called dollar gap. THE POSTWAR DOLLAR PROBLEM In 10 & I During the period 1946 through 1953, the United States transferred to the rest of the world through gifts and loans $33 billion of goods for and services, exclusive of military items. This total was equal to eat relati more than one-fourth of all American exports. The fact that after meer so large a program of assistance, carried out over so long a period, Suro the rest of the world still finds it necessary to maintain drastic restric- tions on trade and payment, directed particularly against this country, indicates strikingly the gravity of the world's dollar problem. The average world dollar deficit of $4 billion a year covers up large and significant fluctuations as well as a declining trend. In 1947, need before the Marshall plan began, the deficit reached a peak of $11 billion, which was reduced by almost one-half in the first 2 years of the Marshall plan. The first impact of the Korean war was greatly prob ) to reduce the deficit, to somewhat more than $1 billion in 1950, owing largely to our heavy buying of raw materials and other goods and prob services from abroad. But in 1951 the pendulum swung the other way, Ot as the European countries felt the impact of the previous great rise of raw material prices as compared with the pre-Korean level, while rester the raw materials exporting countries, once the buying rush had sub- svod sided, felt the effects of the shrinkage in the volume and value of their sale exports. In the past two years there has again been a marked improve- ment. For the first time since the war our foreign trade, exclusive of military exports, has come into balance; and foreign gold and dollar os reserves have increased at a rate that is currently running at well over $2 billion per year. Of major importance for this report is the interpretation of this current improvement. There is a disposition in some quarters conclude that the world's dollar problem has at length been solved. puce This conclusion gains plausibility from the fact that, with some in a high portant exceptions, the Western European countries have been making much above prewar; foreign trade, both within Western Europe and was substantial economic progress. Their industrial production is not with the outside world, is also much above prewar; the internal finance prew mals tries futur this 1 to CO shoul the ative { dre tract this { to TI t thesi FOREIGN: ECONOMIC POLICIES 2901 ఉం 9- to ve si- IS & le as to er od traordinary expenditures consist of disbursements by our military OB Piling. If economic aid is also included, the total of extraordinary has been checked; direct internal controls have been removed or mlaxed and, again with some exceptions, general monetary and fiscal ontrols have been more effectively applied. Finally, through the Organization for European Economic Cooperation, significant head- may has been made toward liberalizing trade and widening the area of multilateral trade and payment, both within Western Europe and with its overseas trading areas. This is an impressive record, and this Commission feels confidence you its conclusion that genuine progress has been made toward estab- ishing the conditions in which multilateral trade and payment may be made worldwide, and the dollar deficit removed, not primarily trough trade and payment restrictions but in a relatively free market. But it is the Commission's view that much yet remains to be accom- plished before a dependable and durable solution of the dollar problem an be achieved. In interpreting the current improvement, account must be taken ed Ha number of facts. It has been accompanied by a favorable change ds bor Western Europe in the terms of trade"-a decline of import prices relative to export prices---due largely to the decline of raw materials rices from the high level created by the outbreak of the Korean war. d. Burope's terms of trade have worsened since before World War II owing, basically, to the large growth of world industrial output since V, prewar and to the relatively small growth of production of raw mate- nals and food, due in part to the urge of the primary producing coun- tries to industrialize and diversify their economies. Looking to the 7, future , there will be a major problem of developing the raw materials 11 the continuing industrial expansion; and though in the end of may prove one of the main ways of achieving a solution of the is problem of world trade imbalance, it suggests also that for a long time ng to come the terms of trade may continue to be one of the chief problems. Here, clearly, is an area of international policy which sy should command' our most serious attention. Other uncertainties arise from the fact that, owing to the direct ile restriction abroad of dollar imports, the potential demand for dollar ub- goods and services, in a free market and with convertible currencies, ir could substantially exceed the present restricted demand. There is the further fact that the recent high level of American imports, rel- ative to earlier years, has been closely linked with the high level of our gross national product. Experience has shown that our imports are very sensitive to our level of national income, and that any con- traction here has a multiplied effect in reducing foreign exports to his There is, furthermore, an element of illusion in the present ap- ed . parent balanced position of our trade (apart from military exports), A that large "extraordinary" dollar expenditures are still being made ng y the United States in Other countries. As of the end of 1953 Were running at an annual rate of about $3 billion. These ex- sad civilian establishments abroad, offshore procurement, and stock- ge needed by this nd ise ve ar er this country. to Hi- ONE 1.- 2902 AMERICAN FOREIGN POLICY, 1950-1955 ser an 00 De From the end of the war through June 1953, United States expendia tures in the form of grants and loans to other countries amounted expenditures, as of the end of 1953, was running at about the rate of $5 billion per year. Against this total should be credited the cur- rent increase of foreign gold and dollar reserves which is running at a rate of over $2 billion per year. There is thus a concealed dollar gap of some $2 billion to $3 billion annually, which would be increased no if there were a change in the economic situation, such as a recession here or a deterioration in Western Europe's terms of trade. On the ? other hand, it should be recognized that major parts of our "extraor- dinary” expenditures abroad are connected with our defense effort, 27 and that the Western European countries' own defense programs affect adversely their trade position, by increasing their essential im- ports and by absorbing resources that would otherwise be available su for expanding their exports. 8b Surveying the postwar experience as a whole, the Commission be lieves, as already stated, that much remains to be done to achieve a of dependable international balance. It believes that the problem must op be attacked on many fronts and that too much dependence should not be placed on any one line of attack. There is no single or simple 19. solution. The final solution will probably depend even more upon the efforts of other countries than upon our own. It will involve po their continuing internal efforts to achieve sound and strong econ- omies and their external efforts to correct their international im- balance. pr ho This report, however, is primarily concerned with the steps that this country can take toward solving the world's, dollar problem, steps that will be consistent with our own political, economic, and fu security interests. Or, to employ the language of the statute under me which this Commission was organized, this report must deal with the enlargement of international trade in a manner consistent with a sound domestic economy. Shule FOREIGN AID AND TECHNICAL ASSISTANCE The dollar problem has its source in basic maladjustments within be the international economy that were caused by World War II and the following political disturbances. Our large foreign aid pro po grams, which were directed toward the rapid restoration of economie and political stability within the free world, and the rebuilding of the military strength of our allies, dealt with these maladjustments on an emergency basis only. That period has passed. The fundamental causes of the worlds economic problems must now be analyzed, and solutions sought in ei the fields of investment, trade, and foreign exchange policies, Before these other fields can be surveyed intelligently, however our foreign aid must be reviewed, and its future role determined. th ECONOMIC AND MILITARY AID an un Set eri FOREIGN ECONOMIC POLICIES 2903 appears on page 7 of the report is not reprinted here. aor- 1 ams e of returns. Of this, $33 billion was economic aid and $8.7 billion mili- cur- tary aid. In addition, on June 30, 1953, $7.9 billion of mutual ning security funds had been obligated but not spent, and $0.9 billion of ollar Export-Import Bank funds were committed to various countries but used not disbursed. Since fiscal 1949 economic aid has been declining, sion and since fiscal 1951 military aid has been increasing. A further the 87.3 billion has been made available for all purposes for fiscal 1954, of which $5.3 billion or 73 percent is military aid, and $2 billion or ort , 27 percent is economic aid. (See table.) Had such aid not been given, friendly countries would have been im- forced to restrict their purchases of American goods and services to able such a degree that economic and political chaos might well have ensued abroad. With the additional resources which American aid placed be at their disposal, they were able to maintain politically tolerable levels of consumption; to carry out programs of reconstruction and devel- nustopment needed to restore their overall levels of production, and grad- ould ually to reduce their dependence on our assistance; and after June nple 1950, to speed up their rearmament programs in the interests of the upon common defense of the free world. In many countries the most im- olve portant economic objectives for which American economic aid has been extended in the past have been achieved, or nearly so. im- The Commission is reluctant to make suggestions that would affect programs now in operation, or commitments already made. We note, that however, that the $7.3 billion available now for present programs lem, and commitments will be spent over a period of years. In planning and future programs based on future appropriations the following com- underments and recommendations are offered. the pe & con- th & . The Commission recommends that economic aid on a grant basis should be terminated as soon as possible. No further aid is justified unless it contributes to the security of the United States. Our security involves defense against communist aggression or infiltration this here and all over the free world. The greatest expenditures are now and for military defense, but our security must take into account many pro political and economic considerations. The security of the United States is bound up with that of the free world. omic g of ents Ver The United States is now giving economic aid to several countries ods which do not have the economic capacity to maintain the military ti | effort that is deemed essential by the NATO Council and by our Gov- emment to deter aggression. Among these countries are Greece, Turkey , Spain, and Yugoslavia in Europe, and Indochina and For- mosa in the Far East. It is also extending very large scale economic aid to France to enable France to increase its military effort to bring the war in Indochina to a successful conclusion, and small amounts to the United Kingdom, Italy, and Germany (Berlin) for special op the table entitled “Foreign Aid Made Available for Fiscal Year 1954” which ndi ated ther 2904 AMERICAN FOREIGN POLICY, 1950-1955 0 CE ni b. 8 li A maintain military forces or to conduct military operations connected purposes. This aid has been given the new name of "defense sup- port” or “mutual defense financing.” The distinction between mili- tary and economic aid is blurred by the use of such terms in a way which the Commission believes is undesirable. Though "defense support” is defended first and foremost as a means of preventing an undesirable reduction in the defense effort, it also serves all the eco- nomic ends which have been advanced in justification of economic aid in the past. It is a form of economic aid and should be so denominated. General support is also being given to the economies of our Euro- pean allies, including the United Kingdom, through offshore procure- ment--that is, the purchase of military items in a foreign country for transfer to the same country or to other foreign countries as military aid. The Commission recognizes that, from an economic point of view, offshore procurement has certain advantages as compared to grant aid such as was given under the European Recovery Program. If so administered as to encourage an increase of productive capacity on a competitive basis, it may be a step toward a solution of Europe's remaining dollar problem. The primary purpose of offshore procure- ment, however, is military. For the military purpose of offshore procurement to be served effectively, the Commission recommends that contracts for the production of military equipment be placed abroad on the basis of the considerations of cost, availability, and quality of the items purchased that govern effective procurement policy at home, or on broad strategic judgments concerning the character and location of the military production base on which the success of the joint defense effort st depends. The offshore procurement program should not be used as a form of general economic aid. Our foreign aid programs up to the present have been carried on by a combination of grants, loans, and guaranties, with overwhelming 20 emphasis on grants which have been decreasing for economic purposes the and increasing for military purposes. At present, as the need for te economic aid for postwar recovery disappears, demands are increas- ing for general economic aid unconnected with recovery from waren or preparation for defense. Underdeveloped areas are claiming & right to economic aid from the United States, in proposals in the it United Nations and the Interparliamentary Union. We recognize no such right. In Europe, with the exceptions previously mentioned, there now ap- pears to be no need for further economic aid in the form of grants.az This is a source of satisfaction to our European allies who are es anxious as we are to terminate the giver and receiver relationship, In other sections of this report the Commission recommends steps br that should be taken to assist underdeveloped countries in obtaining of an adequate flow of capital from the United States without resort tº grants-in-aid. In cases where our security is importantly involved the Commission believes that moderate grants-in-aid may serve the national interest of the United States. The Commission recommends further that where support is needed to NO th 81 21 tr FOREIGN ECONOMIC POLICIES 2905 trade and investment dealt with elsewhere in this report. ense an 1ro- ure- am ure- Program and the small program of the Organization of American States, unts approached than through bilaterial programs. however, that no country should contribute as much as 60 percent that some expansion of this program would be desirable, but that the United States percentage share in the cost should be reduced. ected acting communist influence, and in helping to solve the problems of sup with our own security beyond the economic capacity of a country to nili sustain, grants should be made, not loans. way In other cases where substantial economic aid is necessary in the interest of the United States but cannot be obtained from private or international sources, loans should be made, not granis. eco- aid ted. TECHNICAL ASSISTANCE The Commission does not include within economic aid what is often · for called "technical assistance. tary The United States is now engaged in bilateral programs of tech- t of nical cooperation in 38 countries for which about $120 million has I to been made available this year. These programs are undertaken only at the request of the host government. They are operated on a share- city the-cost basis and they are intended eventually to be taken over com- pe's pletely by the host governments. The United States also participates in the United Nations Expanded Program of Technical Assistance, home operating on a budget of about $21 million to which it contributes that about 60 percent, and in the smaller program of the Organization of lom American States. - the All these are essentially programs of education and training in the knowledge and techniques required for economic development, the including the administrative skills needed to create and manage in- fort stitutions which are indispensable for such development. a by The Commission recommends that within the limits imposed by ning congressional appropriations, the need for selecting only sound projects, the availability of trained technicians, and good administration, the for technical cooperation program be pressed forward vigorously. It need not and should not become a "big money" program and should not involve wa capital investments. The Commission also recommends that the United States continue the its support of the United Nations Expanded Technical Assistance through which the technical skills of many countries can be better mobilized ap- and some dependent area and regional problems can be more effectively The Commission attaches special importance to the strengthening of the technical assistance work of the United Nations. It believes, ning The Commission wishes to stress the great potential importance of the technical assistance programs in contributing to improved stand- dards of living in countries with half the world population, in counter- mon 18 @ oses eas- ga e no e as 1. teps US ved, the 2906 AMERICAN FOREIGN POLICY, 1950–1955 an ACH | p82 All American military, economic, and technical aid to other coun- tries is rooted in the national interest of the United States. Such aid is acceptable to other countries only if it also serves their national interests. The fundamental basis on which all foreign aid operations should rest, therefore, is mutual interest. Mutual interest cannot be created by pressure and can be destroyed by coercion. Foreign aid , therefore, should not become an instrument of coercion, and the fix- ing of conditions on which it is extended should be limited by this principle. TH the 800 " Men UNITED STATES FOREIGN INVESTMENT CAF ent . 181 CAT har 800 wit . ear mer acc reg Sta pol pos of NY Vat In considering the enlargement of international trade in a manner consistent with a sound domestic economy, and our foreign economic policy, no subject could be more urgent than an examination of the problems having to do with the flow of investment capital to those areas in the free world where it is most needed. Fortunately, the economic welfare of the United States would itself be directly promoted by an increased movement abroad of sound in- vestment by United States nationals and corporations. Such a flow, if well conceived and directed, would not only contribute to an increase in international trade, but would assist in the maintenance of high levels of economic activity and employment within our own country. It can increase our national income by taking advantage of opportuni- ties for more profitable investment. It can aid in the development abroad of primary resources to meet the ever-increasing civilian and defense needs of the United States and the free world. And, since private United States investment usually carries with it management and technical skills, it can contribute strongly to the economic devel- opment of foreign countries. Such an increased flow of private investment abroad can also assist in attaining United States foreign policy objectives through strength- ening the economy of the free world, and can reduce the burden of military aid by increasing productivity abroad. During the period 1948-52, United States private long-term invest ment abroad increased at an average annual rate of $1.5 billion. Of this total, additions to holdings of foreign securities by private indi- viduals and financial institutions accounted for only $200 million per year, mostly in investments in Canada or in securities of the Inter- national Bank for Reconstruction and Development. The remaining $1.3 billion per year was about equally divided between net new direct investments abroad of American corporations and reinvestment of earnings from their foreign operations. foreign Yoans outstanding increased at an average annual rate of During the same period, the value of United States Government $500 million. Repayments on old loans now nearly equal new lending. Disbursements by the International Bank averaged $139 million per year during the period. United States investment abroad has not increased as rapidly inta mu of 1 Use ti its mi shu rig Soi ne FOREIGN ECONOMIC POLICIES 2907 ns .X- JIS ler ise like-minded countries, and gradually be extended as additional coun- tries become convinced of the desirability of a friendly attitude toward trust laws to operations abroad. United States antitrust policies One uncertainty relates to the application of United States anti- right of each country to regulate trade within its own borders. At the same time it should be made clear that foreign laws or established busi- n- anticipated at the end of the war, and the United States has not ch achieved all of the benefits which might have resulted from an ex- lazł panded volume of wise foreign investment. ot Tue CONDITIONS CONDUCIVE TO PRIVATE INVESTMENT ABROAD de The small flow of private investment abroad may be attributed to the concern of potential investors over the general political, economic, ad military uncertainties abroad, as well as over other aspects of the "climate” for investment in particular countries. Many of the deter- rents can be overcome only gradually. Countries desiring to attract capital must provide a secure legal status for private capital and enterprise, domestic as well as foreign. United States investors can bardly be expected to venture into countries and fields which local capital and enterprise consider unattractive or insecure. On the other he land, United States investors will venture into areas of political and economic stability which provide fair and equitable treatment and with it an opportunity for reasonable profit and assurance of remitting elf earnings. There are various types of action which the United States Govern- m- W, ment can take to encourage the flow of private investment abroad. The Government can and should give full diplomatic support to the se gh cceptance and understanding abroad of the principles underlying the creation of a climate conducive to private foreign investment. : This requires better coordination of policy and action by the various United 01- ent States agencies and representatives in the field of foreign economic nd policy, and, in particular, a clear formulation of the Government's ice position with respect to private investment abroad, stressing support ent of the private enterprise system and the interests of United States el- some extent the general climate and legal environment for pri- ist pate investment may also be improved through the negotiation of ch- international treaties relating to foreign investment. Although it of must be recognized that such treaties more often record the existence of a favorable climate than create it, the discussions which take place st- in the attempt of two governments to reach agreement may in them- Of selves be beneficial. The United States Government shoulo di- me the treaty approach to establish common rules on the fair treatment Der of foreign investment. Negotiations should be undertaken first with er- ng of The United States Government also can remove uncertainties in own policies which affect foreign investment. investors. TO private enterprise. eet of og on &S con or eri ISE INC for rate tax rate by at least 14 percentage points on income from investment the taxes of a corporation previously paying taxes at a 52 percent inte 2908 AMERICAN FOREIGN POLICY, 1950–1955 arrangements will limit the willingness of United States businessmen to 70t invest abroad and will reduce the benefits of investment from abroad to the economies of the host countries. of Another source of uncertainty which affects the willingness of for- eign countries to accept private capital from abroad relates to United'in States policy in the field of public financing. The United States Government should make clear that primary reliance must be placed on private investment to undertake the job of assisting in economic devel- opment abroad. It should point out that United States resources for public loans are limited and inadequate in relation to total investment needs, and that public lending or other forms of public financing will not be a substitute for private investment. abi In addition to these general activities in the field of diplomatic me and foreign policy, there are two specific areas in which the Govern of ment can take action to encourage the flow of private investment it i abroad. It can provide an inducement to foreign investment by for removing certain United States tax burdens and inequities . It mitigate, or remove, certain risks peculiar to foreign investment by providing Government guaranties or insurance not available from ti commercial sources. less UNITED STATES TAXATION AND INVESTMENT ABROAD The nature of United States taxation of income earned outside the pain country is an important determinant of the flow of United States (2) private investment abroad. At present, income from foreign invest- 1 ments is taxed at the same rates as income from investments within the United States. An attempt is made to avoid double taxation by them full allowing the taxpayer to credit certain of his foreign taxes against his domestic tax bill. However, the existing restrictions on the use of the foreign tax credit may prevent the taxpayer from offsetting in ful the appropriate foreign taxes which he has paid. As a result of this system of taxation the United States investor abroad is placed at a disadvantage in competition with international investors from other nations which levy little or no tax on income earned abroad. Furthermore, United States tax policy serves to offset any tax reductions by which foreign governments might seek to attract investment from the United States. United States tax laws may even result in pressure on foreign governments to adopt income taxes or to increase their income tax rates. A study of these considerations leads the Commission to recommend three revisions in the Revenue Code. (1) RATE REDUCTION The Commission recommends that there be a reduction in the foreign country are not in excess of the reduced United States rates , abr tax mer lp cory Thi if & fore The dial Thi thre hold time cour FOREIGN ECONOMIC POLICIES 2909 I' 1 2 if satisfactory administrative standards can be devised for dealing with I holder the credit for foreign taxes available to individual investors. rivent trusts, not only to receive, but to pass on to the individual share- taces in lieu of a tax on income. country have a general income tax to which the investor would be subject in the absence of a special provision applicable to him has clearly been rate would be reduced to 38 percent on income from investment in that country. The existing reduction in the taxation of the income of & Western Hemisphere Trade Corporation amounts to 14 per- centage points, but this reduction is now too limited in some respects !! and too broad in others. The Commission recommends that the lower corporate tax rate be made to apply to investment income from all vreas abroad; but the reduced rate should not apply to income from exports which do not involve the risks of investment abroad. The Commission believes that in many instances investments abroad by United States citizens and investment trusts also deserve encouragement. Such investors now pay the full United States rates of tax on income from investments in those same countries in which it is recommended that investment be encouraged by a tax reduction for United States corporations. The Commission recognizes that it is a far more difficult task of tax legislation to draft equitable tax incentives to apply to individuals, with their varying tax rates, than it is to provide fair tax incentives to corporate investors. Nonethe- less the Commission recommends that the Congress seek to provide to individuals who invest abroad-by means of a rate reduction, a foreign tur credit, or some other device-preferential tax treatment . . . com- parable to that already recommended for corporate investors. (2) REMOVAL OF CERTAIN RESTRICTIONS ON FOREIGN TAX CREDITS. The Commission recommends that the Congress remove several restric- tions which now prevent a person who invests abroad from offsetting in fall against his domestic tax the appropriate foreign taxes. Investment abroad is discouraged since these restrictions impose a higher total tax on income from foreign investments than on income from invest- ment at home. (2) Under present law a United States corporation owning 10 percent more of the voting stock of a foreign corporation may credit against ida United States tax on the dividends received from the foreign corporation 4 proportionate share of the foreign income taxes paid by the foreign corporation on the earnings from which the dividend was distributed. This 10 percent ownership requirement should be reduced or eliminated foreign taxes which are imposed directly on his income from abroad. The individual investor can, for example, credit the 15 percent Cana- dian withholding tax on dividends paid to a United States investor. This credit is lost , however, when the United States citizen invests an investment trust. Provision should be made for the invest- through 2910 AMERICAN FOREIGN POLICY, 1950-1955 of exchange. be given a further period of trial and that during this period 概 ​w re de Sta len pa pos are 2 : tec COU COU The Commission considers that the present experimental program vestors have suggested that the program would be more conducive to additional investment abroad if it were extended in some areas all for Government insurance. The Commission therefore recommend that the program of guaranties against expropriation or inconvertibili too restrictive. The interpretation of what taxes are in lieu of income taxes should be liberalized in this and other respects. (c) The Commission recommends further that the "over-all" limitation on foreign tax credits be eliminated. This limitation requires losses in one foreign country to be set off against income from another in determining the total of foreign income which can justify & tar credit. This limitation, by reducing the foreign tax credit, deprives the taxpayer of the full tax benefit of foreign losses so long as he has offsetting foreign income. The limitation is a serious deterrent to the commencement of operations in a new foreign country by å tax- payer having profitable operations in other foreign countries. (3) THE CHOICE OF FORM OF INVESTMENT ABROAD. In the view of the Commission, United States tax law should not penalize investors for adopting the form of organization dictated by local Ste laws or business conditions abroad. In order to reduce the possibility tha of such penalties the Commission recommends that a United States has corporation be allowed the option of treating any direct foreign investment either as a branch or a subsidiary for United States tax purposes , regard of less of which of the two forms of organization is actually chosen for operations abroad. The choice of treatment for tax purposes should be binding, however, until for good cause the United States Treasury allows lese a change. fing the GOVERNMENT GUARANTY OF PRIVATE INVESTMENT ABROAD pri tri] For the last few years the United States Government has offered to guarantee approved United States private investments in certain countries, mainly in Europe, against loss from exchange inconver- tibility or expropriation. This guaranty, or insurance, program was introduced in the hope that it would reduce the need for foreign aid expenditures. To date the program has not greatly stimulated pri vate investment abroad. Coverage has been given to only $41 million per of new investment. Thus far the Government has not been required to pay out on any policy and nearly $1 million has been earned in the form of fees. has not proved itself. On the other hand, a number of potential in vestors continue to show interest in the guaranty device. Many I to cover the risks of war, revolution, and insurrection. To the Comu mission, such risks actually seem to be the most appropriate risks and SUG ves ent the em pri TOT RO 1 Sta 2 ani Ur Th Or in Co na thi Ba be FOREIGN ECONOMIC POLICIES 2911 between the two banks. SO 11 U 0 X S S 0 it Y IS it Bank. This machinery should be employed to resolve any issues guaranty coverage on a discretionary basis be authorized for the risks of war , revolution, and insurrection on new investments abroad. THE ROLE OF PUBLIC LENDING Although the United States Government should place primary reliance on private enterprise and investment to assist in economic development abroad, there are special circumstances in which United States economic and foreign policy objectives can be served by public lending. Loans by the Export-Import Bank have been made to ex- pand the foreign production of raw materials needed for defense pur- poses. In order to achieve vital foreign policy objectives in certain areas, the Export-Import Bank has made loans for such purposes as reconstruction of earthquake damage in Ecuador, and for helping countries to adjust to political developments favorable to United States interests, as exemplified by the loan to Yugoslavia following that country's break with the U.S. S. R. The Export-Import Bank has also made loans for the general economic development of foreign countries where such loans supported the special national interests of the United States. The expansion of basic facilities, such as transportation, harbors, and irrigation, is frequently essential for a balanced growth of the less developed countries, most of which lack the capital required to finance projects of this type. Loans by the Export-Import Bank and the International Bank for Reconstruction and Development to finance such basic facilities are often a necessary condition for increased private foreign investment in raw materials, manufacturing, and dis- ed tribution--fields which are more attractive to private foreign in- vestors. Wherever possible, such loans should be made to private enterprise abroad, and foreign public lending should not encourage the displacement of private by public operations. It should also be emphasized that public lending should not compete with, or displace, private foreign investment, including private loans to foreign bor- rowers, and this principle should be made abundantly clear to pros- pective borrowers. ROLES OF THE INTERNATIONAL BANK AND THE EXPORT-IMPORT BANK The Export-Import Bank is essentially an instrument of United States foreign policy. The International Bank for Reconstruction and Development, on the other hand, promotes the interests of the United States broadly in the field of foreign economic development. The record does not indicate that there has been harmful competition or duplication in the operations of the two banks. The Congress, in the Bretton Woods Act of 1945, established the National Advisory Council on International Monetary and Financial Problems to coordi- late the policies of the Export-Import Bank with the activities of the United States representatives on the board of the International I US ES id 1 11 ed 11 1 1 FC IS 1 of 2912 AMERICAN FOREIGN POLICY, 1950-1955 into past few years. Any sharp decline in the total flow of investment The International Bank has demonstrated its capacity to apply pert banking principles in the field of public lending, and plays a useful lil the role in the achievement of the vital objectives of increasing trade and saves raising living standards in the free world. On the other hand, the write national interests of the United States may require the making of kun certain loans by the Export-Import Bank, which the International strict Bank will not make because of its charter limitations or for other reasons. For example, the Export-Import Bank can make loans to private United States or foreign investors operating abroad without PF a foreign government guaranty; the International Bank can make loans only to member governments or to residents of member countries with the guaranty of the member government. While it is believed that the Export-Import Bank should continue to make loans which are in the special interest of the United States, the Bank For should not use its own funds for loans which do not meet reasonable incon standards of bankability: In general, loans which do not meet reason impo able financial standards are likely to create serious administrative prod difficulties by setting up dual standards for the treatment of inter-rel national obligations. Nevertheless, in cases where there is an urgent keen political need for foreign financial assistance to a country whose mimi Capacity to service additional loans is doubtful, and where such as- sistance is deemed by the Congress to be more appropriate on a loan Es rather than a grant basis, special funds should be authorized for such produ purposes. FOREIGN INVESTMENT AND ECONOMIC STABILITY United States investment abroad, public and private, provides ad additional markets for United States exports. The financing of ex- ports by public loans has been, and can be, helpful, not only in main- taining domestic production and employment when domestic demand hete falls off, but also in assisting foreign countries in procuring the United States goods necessary to their growth. The financing of exports by short-term loans from the Export-Import Bank may provide a stimu- lus to exports. Long-term loans for carefully selected development projects not only will increase United States exports, but are also likely to create a better international balance by assisting foreign countries in expanding their capacity to export to the United States and to third countries. International balance may also be affected by the pattern of total United States (apital outflow. Because of the large United States Government loans made immediately following World War II, repay, ments on old loans from this source are now running at a rate of about $400 million annually, plus another $230 million in interest payments . United States Government lending is now little more than sufficient to offset the repayment of principal on old loans. Direct private investment, on the other hand, has been reasonably stable over abroad would create severe problems of adjustment in American er TEATS one-f expor fruits tesen It uct e TOI limit aide the ture to ta Unite woul CONCE of re of ou evide Wise that and the FOREIGN ECONOMIC POLICIES 2913 and cotton during 1952–53. r ) t 3 United States farm products into world markets. would adversely affect not only those segments of agriculture directly 1 of our farm economy. The prospect of such repercussions is already evident in the shift of wheat and cotton acreages to other farm enter- that has been ordered, partly in view of the decline in exports of wheat port industries and in the development programs of the other nations 1 lil the free world. Moreover, a rapid fall in United States foreign 1 nvestment, such as occurred during the period 1928–33, would in- e ritably put a strain on the balance of payments position of other entries and might lead to a tightening of trade and exchange re- I strictions or defaults on foreign obligations. PROBLEMS OF AGRICULTURE AND RAW MATERIALS IMPORTANCE OF INTERNATIONAL TRADE TO AGRICULTURE Foreign handicaps to the free flow of international trade such as nonvertible currencies, exchange controls, import quotas, and special import licenses exert a depressing influence upon the exports of farm products from the United States, especially when such products are srailable from nondollar areas. American farmers therefore have a t keen interest in measures which will reduce or eliminate such dis- amination against the free movement of United States farm products into world markets. 1 Export markets are of vital importance for our great staple farm inducts such as cotton, wheat, tobacco, rice, and soybeans. In recent rekrs one-third of our wheat, 40 percent of our cotton and rice, and one-fourth of our tobacco and soybeans have been exported. Such sport markets are also important to the producers of fresh and dried buits , dry beans and peas, condensed, evaporated, and dried milk, and a considerable list of other products. In all, farm products rep- resenting about 30 percent of the value of farm marketings in 1952 were dependent to a highly important degree upon export markets. It would be unrealistic to expect the total volume of our farm prod- let exports to continue at the level attained during the period of post- ar reconstruction, when foreign supplies of such products were as a result of the war and when large United States foreign were financing a large fraction of such exports from the United States. In order to minimize the repercussions on agricul- ture of any inevitable decline in farm exports, however, it is important to take such steps as can be taken to maximize a continuing flow of resources from these to other farm enterprises, other segments 3 t limited aid expenditures 3 of , 415900__57_-vol. 2-80 2914 AMERICAN FOREIGN POLICY, 1950–1955 à C at prices above world levels, can and do lead to retaliatory measures pose of protecting domestic price-fixing programs on such products 1 For the full text of the International Wheat Agreement, open for signature CONFLICT BETWEEN FARM POLICIES AND ENLARGEMENT OF INTERNATIONAL TRADE In the opinion of the Commission, it is necessary to harmonize ov agricultural and foreign economic policies without sacrificing the sound objectives of either. The inherent conflict is not between foreign trade policy and farm policy as such, but rather between foreign trade policy and the means by which an important phase of our farm policy is being implemented To put the matter boldly, it is necessary to emphasize that inflexible price-support programs which hold domestic prices above world prices become price-fixing programs and result in accumulations of surpluses that would otherwise have moved into consumption here or abroad To maintain such price-fixing programs it may become necessary for the United States to apply trade restrictions of various kinds, includ . ing import quotas, to keep down foreign importations. To more high-priced surpluses into export markets it may seem necessary to use export subsidies or dumping procedures that, if practiced with respect to imports into this country, would involve the application of our antidumping and countervailing-duty laws. Price-fixing , per ticularly with reference to commodities moving in international trade , is inherently incompatible with a pattern of private trade, free enter prise, and nondiscriminatory commerce among nations. The International Wheat Agreement has contributed little to the solution of wheat problems of the United States and the world st large. Its chief significance has been to accord official sanction, en the part of the participating nations, to United States export dization of the United States quota when nonquota export prices went at or above the agreed maximum. At heavy expense to the Unite States Treasury, this has contributed to the persistence of excessita domestic support prices, which have given undue stimulus to whes production here and abroad, and has tended to obstruct, rather than to facilitate, normal readjustments in United States agriculture, and to lead to abnormal accumulation of stocks of wheat. In the current b season, when export prices are below the agreed maximum, the im porting countries are relieved of their obligation to purchase when unless the prices drop below the agreed minimum level. Furthermore , the most important importing country is no longer a party to the agreement. Under these circumstances the significance of the agrea " ment in relation to our wheat export problem is relatively slight . Restrictions on our imports of certain farm products , for the pure Apr. 13–27, 1953, see TIAS 2799 (4 UST 944). I C 1 subsi- Het 0 i S C V n u d 17 S n S 1) V а t ti 2 to FORÉIGN ECONOMIC POLICIES 2915 found leans nted. xible rices I for clud. termination in 1956. be given consideration. which hurt other segments of agriculture which are dependent upon export outlets and a favorable climate for foreign trade. If to a scheme of fixed prices in agriculture are added the inevitable implementing devices of production quotas, import controls, and ex- farm port subsidies, the ability of agriculture to play a continuing dynamic role in expanding international trade will be largely lost. This would be a serious loss, not only to agriculture, but to our entire economy and to the productivity of the free world. Furthermore, the reper- cussions from the standpoint of the trading policies of our friends and allies of the free world would be to the detriment of all concerned. luses road. STEPS TOWARD RECONCILIATION OF FARM AND TRADE POLICIES The first step toward policy reconciliation in the fields of foreign more economic and domestic agricultural policies must of necessity be a ng to delineation by the Congress and the administrative agencies con- with cerned of a consistent pattern of policies and procedures which will ation permit the achievement of the objectives of both our agricultural and por our foreign economic policies. The transition to this new pattern rade will require time, particularly in view of the existing accumulations nter in actual or potential government ownership) of substantial quan- tities of several farm products for which foreign markets are urgently o the needed in the not too distant future. The potential international ad al complications which keep arising over import quotas or embargoes, 2, o import fees additional to tariff rates, and export subsidies on a small ubsi- or large scale, undertaken in consequence of domestic agricultural were programs, bid fair to reach an unprecedented peak in the fiscal year nited 1954, as large stocks of farm products are being acquired. The tran- Esive sitional problems are difficult but not insoluble. heat During the transitional period it will be necessary to take every pre- thai caution to avoid steps which may lead toward an increase in actual or virtual state trading, lest a pattern of such conduct, seemingly forced ment by the circumstances of the moment, becomes established as per- manent policy. Also, if we are to succeed in moving toward a lessened use of such devices as export subsidies and import quotas, it would be desirable to continue the policy and extend the practice of consulting the with interested and affected countries, for the purpose of seeing that such actions of this character as may be required by present law be modified to the extent necessary to ensure that we do not provoke a self-defeating chain of offsetting actions by other countries The International Wheat Council may constitute a useful body for international consultations on current wheat problems, although this value is limited by the absence of certain nations that are important as importing or exporting countries. The Commission recommends that during the life of the 1953 International Wheat Agreement its opera- tion be kept under critical review, that efforts be made to make the organi- zation contribute its maximum to solving pressing problems, and that its ini- hest ore Tel. icts TAS 2916 AMERICAN FOREIGN POLICY, 1950-1955 desired too in the industrialized countries which import raw materials and such variations are affected by changes in the general economy Prices inevitably fluctuate with variations in supply and demand; In particular, the demand for primary products in international trade is affected by business conditions in the industrialized countries which import them. Because of its sheer economic weight, the American economy exercises a particularly great influence on raw material Proposals have been made to solve the problem of price instability by intergovernmental commodity agreements, involving experi di quotas, import quotas, price limits, reserve stocks, price stabilizata bination of such devices. The Commission does not believe that are purchases and sales (buffer stocks), production controls, or some con In the application of import restrictions on farm products , the level of those restrictions should be set with full regard for the effects on oversas buying power and the possibility that such restrictions may lead to retali. tion and may be self-defeating. The temptation to resort to short-run expedients as easy remedies is great, and, in fact, a number of interim measures must be used. But it is important to agriculture, and to the national interest, that these interim measures be consistent with the long-term objective, and that they hasten rather than hinder the achievement of this goal. The Commission believes that a dynamic foreign economic policy as it relates to agriculture cannot be built out of a maze of restrictive den such as inflexible price-support programs which result in fixed prices , open or concealed export subsidies, import quotas at home and abroad , excessive use of tariffs here and abroad, exchange restrictions, and stak trading. If we are to have a foreign economic policy which will make best contribution to the strengthening of our long-term development e foreign markets for farmers, we must move as rapidly as feasible tourant the elimination of such devices as a part of, or supplement to, ou on agricultural policy. INSTABILITY OF RAW MATERIALS PRICES Fluctuations in prices have particularly serious effects upon com tries whose economies depend predominantly upon production and export of primary products. Extreme fluctuations not only indur distortions in the economic development of these countries; they some times shock their economies to an extent that throws great strain upon ? their social and political fabrics. Moreover, memories of collapses i primary products prices and fears of a recurrence tend to stimulake overrapid industrialization, designed to reduce their dependence upa the sale of primary products. For these reasons, greater stability of prices is one of the price desires in the raw materials exporting countries; and of course and foodstuffs. prices. a d 6 6 S 2 it 8 u à 1] ......) FOREIGN ECONOMIC POLICIES 2917 talia + vel of sive resort to commodity agreements will solve the problem of price instability; and it believes that such agreements introduce rigidities and restraints that impair the elasticity of economic adjustment and the freedom of individual initiative, which are fundamental to economic progress. Moreover, the types of intergovernmental commodity agreements thus far tried or proposed for the purpose of stabilizing prices involve commitments which could lead, if extensively employed, to very great outlays of United States Government funds in certain thes contingencies , of indeterminable amounts. The Commission finds the same objections to the proposals for unilateral buffer stock action by the United States to stabilize world prices of raw 2 x materials and foodstuffs. Experience with the costs of efforts to menica stabilize certain commodity prices within the United States are an price indication of the indeterminability of the costs of similar programs on a worldwide scale. Aside from other causes, price instabilities are caused or aggravated in some instances by actions of governments. These include restric- tions upon imports, exports, and foreign exchange; national com- nuen modity controls; accumulations and liquidations of commodities by governments; and finally wars. The Commission believes that the constructive contributions that the United States Government can make toward greater stability of world (1) measures tending to relax or remove impediments to United States foreign trade and to encourage other countries to move in the same Coun- direction; (2) a policy of encouragement of diversification of the economies of the duce countries now excessively dependent upon a small number of products, and of encouragement of the governments of those countries to pursue upon policies likely to attract foreign investors to participate in the works of as in (3) avoidance of actions incidental to our own commodity control and 21p0n stockpile programs that would have avoidably disruptive effects upon (4) continued consultation and cooperation with other. nations to itd improve knowledge of world supply and demand for materials and food- prisk stuffs , and to explore possible means of lessening instability; and 5) policies which will temper the fluctuations of our domestic economy, and which ecert great influence upon the course of world prices. own prices are: diversification; world prices; om. rade hich 7081 rak nilit UNITED STATES DEPENDENCE ON IMPORTED MATERIALS Since the beginning of World War II, the United States has become a consumer of more raw materials than it produces. This makes us dependent on materials imported from foreign sources and upon the availability, accessibility, and reasonable cost of the materials pro- duced. This dependence' will increase with growth in population, with increase in per capita consumption of end products, and with inven- port tion on ten 2918 AMERICAN FOREIGN POLICY, 1950-1955 vit by unpredictable or capricious levies on exports or production by the Star countries of origin. Also our tariff policy toward the needed materials with should be such as to offer them reasonably easy access to the United rela not only a compelling necessity for the United States and free nations 5 ye Intensified development of foreign sources of deficit materials is inc ductivity in the countries where the development takes place, and of improving their opportunities of employment, standards of living tion of new useful products to open new avenues of demand. The population factor alone will add 25 percent to our needs if it con- pounds at the rate of 1.5 percent annually for 15 years. Forecast T of the further additions through expansion of per capita consumption and through new invention would be guesswork; but those who review in the experience of the last half century cannot weigh them lightly . lore We depend on foreign sources today for over 30 percent of our Sta requirements of copper, lead, and zinc; over 50 percent of our require sou ments of tungsten, bauxite, and antimony; over 75 percent of our vol requirements of chrome and manganese; practically all of our nickel the requirements; and all our requirements of tin, natural rubber, and exta jute. ard The Western European countries and Japan depend more heavily war than we do on imported materials, and the needs for raw materials in T other countries are growing steadily with the progress of industriali dict zation which is in evidence in most parts of the world. In all these ma countries, growth of population and the demands for ever higher of 1 standards of living indicate progressively expanding requirements for case raw materials, although at rates of expansion varying with the corne cumstances of each country. Their dependence on the development ple of new foreign sources of raw materials will increase with ours , from dist year to year and from generation to generation. To some extent, this need for development of foreign sources materials may be mitigated by discoveries of new sources in the United move States. To some extent, it can be lessened by intensified exploitation pero of high-cost United States sources. The latter course, however, would Ite ada involve quickened depletion of some of them and high costs of mate- rials to our industry and of the products to our consumers . For many materials, the only practical sources are outside our borders . In most on a fir of the countries where these sources are situated, local capital is not adequate to finance their development. The Commission believes that the most effective contribution which mean the United States Government can make to the development of the foreign sources of raw materials in which we and the free nations generally ang deficient, is to follow policies favorable toward private investment abroad (as recommended earlier in this report), and to advocate among nations adherence to principles and praciices hospitable to foreign investors an I conducive to thrift and investment by their own nationals. One principle in particular must be stressed: Investors in the development of sources of needed materials must be assured against frustration of their ventures be States market. generally; it also is a promising means of enlarging wealth and parent to t cost The to in r wer to 0 disr Wai 1 1 and capacities to buy from abroad. FOREIGN ECONOMIC POLICIES 2919 he 1- to On se er 71 States, has had no experience for any considerable period of time SECURITY CONSIDERATIONS The purely economic considerations, however, must be reconciled with considerations of military preparedness, where the two are not in harmony. A prime military consideration in the selection of foreign sources of materials is availability of the materials for United States and allied use under conditions of war. The preference among sources is governed by the degree of friendliness of the nations in- volved, their exposure to enemy action, and the length and safety of the transportation routes. In the case of critical materials which are d extremely scarce, or whose sources in event of war would be in jeop- ardy or at the other end of a long or dangerous ocean route, assured J wartime availability depends upon stockpiling. The argument is often made that military considerations should in dictate a preference for higher cost domestic sources of materials that may be needed in time of war, and that the maintenance of these lines of production here should be assured by effective tariffs. In some cases, such protection may enlarge our available supplies by expand- ing our production base, whereas in others it may exhaust the sup- nt plies that remain. Acceptance of this principle could lead to extreme distortions of the costs to our industry and consumers, with detriment to the international competitive situation of industry and the living costs of consumers incommensurate with the military considerations d involved. It could lead also to burdens upon the entire American people incommensurate with the benefits to small numbers of them. d It could bring about uneconomical substitutions of other things less adapted to the same use for the things whose costs it would inflate. The Commission recommends that tariffs or other import restrictions on raw materials should be determined on economic grounds. Upon a finding by the Executive that it is necessary on solely military grounds to assure a strictly domestic source of supply, the Commission recom- mends that the purpose should be accomplished by other means, the cost of which should be borne in the defense budget. 1 TARIFFS AND TRADE POLICY In our consideration of the broad subject of tariffs and trade policies in relation to international trade, our starting point of course must our present tariff structure. The world, including the United relatively normal. The Trade Agreements Act I was enacted while we were in the middle of a depression. Many bilateral trade agreements involving many reductions in our duties. were made during the first 5 years the act was in effect, but there had been limited opportunity to observe their effect before our trade, already distorted, was further disrupted by the outbreak of war. Since the termination of World War II the patterns of both our exports and our imports have been 'Act of June 12, 1934; 48 Stat. 943–945. 2920 AMERICAN FOREIGN POLICY, 1950–1955 of payment imbalances than the rigidities maintained by other R$ ON re: as reserves. CO g୦ the evidence examined by this Commission, that although many United and cumbersome, many other United States tariffs are low and more clear by any test that can be devised that the United States is no We fully recognize the dangers of using averages, yet it seems per longer among the higher tariff countries of the world. Taken by i e abnormal. There was an unusually large demand for our exports tic both for consumption and for rebuilding a war-torn world, and und interruption in the growth of our imports, arising out of the same ri causes. The Korean War resulted in a further distortion. Resulting ti imbalances were financed largely through our foreign loan and' grautica programs. During this period we continued to make further agre- ments involving still greater reductions in our tariffs. Now, we find ourselves facing demands for further opening of ou markets at a time when our commercial exports are in approximate in balance with the highest level of imports ever reached, while the world m as a whole has considerably rebuilt its holdings of gold and dolleres We are fully aware of the arguments for free trade. It is sufficient co to say that, in our opinion, free trade is not possible under the condi- tions facing the United States today. Even in moving toward greater by freedom of trade we must consider all of the rigidities, both here and elsewhere, which negate some of the premises upon which tra arguments for free trade rest. We must take into account that while de the United States employs impediments to trade, primarily through tariffs and in only limited fields through quotas, other countries also employ these devices. Beyond this, they employ the quota procedere que the far beyond our use, and against other countries as well as against us and also employ exchange controls and many other devices not used here. The record clearly indicates that, from a psychological and econo nomic point of view, United States policies in fields connected with step the tariff have come to be regarded as of key importance by boti the American and the foreign public. We believe this is an orer emphasis, for it must not be assumed that any measures which the can United States might take in the fields of customs administration are tariff policy, taken by themselves, could provide the full answer i the problem of imbalance described earlier in this report. Any adequate program requires appropriate policies on a front, in foreign countries as well as here, including but not limited 40 to policies with respect to convertibility and investment. Nor shoui en tariffs and customs procedures, relative to the many impediments ng which exist in the world to the international movement of goods and to the most effective application of capital and labor. It is cleaning than half our imports enter free of duty. C01 WY EE mo are S01 ma broad all exy eli are pos ani wit Pri in 1 FOREIGN ECONOMIC POLICIES 2921 81 reto Our LUS , sed orks tions. Restrictions on import and export trade, in turn, are probably no more important than, and in a measure are bound up with, the Sme rigidities maintained inside foreign economies through cartel restric- tingtions, the immobility of labor, and ingrained resistance to technolog- Butical change; and the rigidities maintained inside the American econ- omy through farm price-support programs, minimum wage legislation, resale price maintenance laws, and the like. The fact is that we have moved far from a world in which complete ste international specialization of labor is possible. Some of the rigidities vild mentioned above are here to stay. Other rigidities, such as those nec- Dar essary for the defense of the free world, cannot be eliminated as long as the threat of communist aggression continues. This means that completely free trade is not feasible. Yet the nations of the free world would be stronger and more ent cohesive if many of the existing barriers to the exchange of their di goods were reduced, if unnecessary uncertainties and delays created ater by such barriers were eliminated, and if adequate international ar- mere rangements for discussing and finding solutions to their common the trade problems were developed and maintained. The measures bile described below are aimed at contributing to these broad objectives. ugh The Buy American Act 1 and legislative provisions of other acts containing the Buy American principle should be amended to give more authority to the President to exempt from the provisions of such legislation the bidders from other nations that treat our bidders on an equal basis with their own nationals. Pending such amendment, the President by Executive Order should direct procurement agencies in the public interest to consider foreign bids which satisfy all other considerations on sub- instantially the same price basis as domestic bids. The Buy American Act was enacted in 1933 as an antidepression care measure. It requires Government procurement agencies in effect to be give a preference to domestic suppliers, except where such suppliers and are quoting prices substantially higher than those quoted from foreign to sources. It embodies a philosophy and a practice which exists in many industrial nations of the free world and which is costly to them our Government procurement alone is of an order some 40 times its dollar volume in 1933. We are fully aware of sentiment ed everywhere that governments should buy from those who pay their $ expenses. While we do not believe that foreign producers have any inherent right to supply our Government, we believe that in the total di national interest the United States could well lead the way toward the elimination of such preferences on a reciprocal basis. Congress should direct the President to have the Tariff Commission undertake a study of the tariff schedules immediately, with the stated pur- pose of framing proposals for the simplification of commodity definitions and rate structures: this study should be completed within a definite time period and the Tariff Commission should be provided during this period with an appropriately enlarged staff. Congress should empower the on the basis of such recommendations, to proclaim such changes in commodity definitions and changes in rates as he determines to be " Title III of the act of Mar. 3, 1933; 47 Stat. 1520-1521. CO• oth all. Today s DB ed IT Ta C S DO President, 2922 AMERICAN FOREIGN POLICY, 1950–1955 pending investigation of suspected dumping; and at the same ti 2 f n Secretary of the Treasury to insure the greatest possible speed of 6. The first report should also set forth progress made through read administrative action in simplifying customs procedures, inamis measures taken in accordance with the Customs Simplification. of determining, in accordance with the provisions of existing law, " In connection with the application of antidumping duties, the tot an industry in the United States is being or is likely to be injured. by foreign dumping, should be transferred from the Department of Treasury to the Tariff Commission. The Department of the Treasure should be directed to study and report to the Congress on any statuto amendments which may be needed to permit the continuance of skipanes appropriate, provided that such changes do not materially alter the total of duties collected pursuant to any group of rates affected by such sựmai. fying changes when calculated on imports in a specified base period . The Department of the Treasury should formulate proposals desigual to simplify the problem of classifying articles not enumerated in any tariff schedules. To that end, consideration should be given to d'ini nating the multiple and conflicting standards which now apply in the classification of such articles, such as "similitude" and "componenty chief value," and developing a single standard of classifications for widest practicable application. The Senate should promptly consider H. R. 6584 now before i which would amend and improve the customs valuation provision our law by eliminating so-called “foreign value” as a basis of valways and by other simplifying changes. In addition, the Department of the Treasury should be directed to make a study and report to the Congres on the feasibility and effect of making greater use of the actual inse price of imported goods for valuation purposes in transactions between buyer and a seller who are independent of each other. In that connectin it should also consider and report upon the feasibility of making met efficient use of the "antidumping” law. The Department of the Treasury should be directed to make a cui tinuing study of difficulties and delays in customs administration or to report the results of its studies each year to the Congress, together wat Oj any proposals for legislative action. le cate those detailed administrative provisions of the tariff laws and a. The first of the regular reports herein recommended should tad should be modified so that adequate discretion can be granted his efficiency of administration in the operation of customs. A of 1953.2 th ti - 8 I t f 0 TI WA 01 mi tr au TE T be 1 This measure did not reach the Senate floor. 2 Act of Aug. 8, 1953; 67 Stat. 507-521. : FOREIGN ECONOMIC POLICIES 2923 -1 W re it ons quatiuni -POST 3 years, with such safeguards as experience then indicates to be necessary. told should report on any measures needed to effect speedier and more efficient imph operation of antidumping provisions in proper cases. The President should study appropriate methods to assure that siyah American industry is not injured by embargoes upon or other impedi- ments to exports of raw materials to the United States for use in processing dan here. In this connection, he should direct the Department of the Treasury in the to review the effectiveness of existing countervailing-duty provisions of ents the law, should consider any alternative measures which may be available for the for achieving this purpose, and if necessary should make appropriate recommendations to the Congress. Our policy of nondiscrimination in trade matters, as reflected in our unconditional most-favored-nation policy, should not be changed. The United States should continue its traditional policy of nondis- of crimination in its trade relations with other free nations. Only the sunconditional most-favored-nation doctrine is consistent with this policy. If the United States were to give preferential trade treat- en ment to certain countries, such action would itself constitute discrimi- nation and be inconsistent with the position of the United States in Then the free world. Our present unconditional policy has been in effect Its reversal now would probably defeat our efforts to induce other countries to eliminate preferential arrangements that discriminate against us. The organizational provisions of the General Agreement on Tariffs and Trade should be renegotiated with a view to confining the functions of the contracting parties to sponsoring multilateral trade negotiations, recommending broad trade policies for individual consideration by the legislative or other appropriate authorities in the various countries, and providing a forum for consultation regarding trade disputes. The organizational provisions renegotiated in accordance with this recom- mendation should be submitted to the Congress for approval either as a treaty or by joint resolution. The President's power to negotiate trade agreements under the Trade Agreements Act and to place them in force should be extended for not less than 3 years, with appropriate safeguards. Such a period should give time for considering the effects of the recommendations for action here and of the actions taken abroad to restore multilateral trade and payments es in the past, and for Congress to give adequate consideration to the renegotiated organizational provisions of the General Agreement on Tarifs and Trade, as recommended above. Consideration should then given to extending the Trade Agreements Act for a longer period than lection for 30 years. 700X and n prith Catalin whid teced ild 2 lat lighed oft asun hutan NE DET See infra, docs. 7 and 8. 2 See the Trade Agreements Extension Act of 1955; infra, doc. 9.1 2924 AMERICAN FOREIGN POLICY, 1950–1955 negotiations undertaken, changes made in tarif rates, and reciprocal The escape clause and the peril point provisions should be retained. However, the statute should be amended expressly to spell out the fast powers to negotiate trade agreements have created an aura of instabil- ity in our trade policy which it would be desirable to avoid for the future. However, any permanent or long-term delegation of tariff- changing power by the Congress, while including limitations on maxi- mum permissible changes, must also be accompanied by adequate standards, more specific than those which have accompanied the earlier delegations of such power for limited periods of time. The President should be delegated broad powers under the Trade Agret- ments Act to enter into multilateral negotiations looking toward a redue- tion of tarif rates on a gradual basis. The President's power to increase rates should not thereby be curtailed. The President should be authorized for the 3 years following the renewal of the act to reduce tariff rates to the following extent: a. Pursuant to multilateral trade agreement negotiation, the Presi- dent should be authorized to reduce existing tarif rates by not more than 5 percent of present rates in each of the first 3 years of the new act . b. On the basis of information provided by the Tariff Commission, the President should be authorized, with or without receiving reciprocal concessions, to reduce tariffs by not more than one-half of rates in effect January 1, 1945, on products which are not being imported or which are being imported in negligible volume. Any such reductions should be made in steps spread over a period of 3 years, c. The President should be authorized to reduce to 50 percent ad valorem, or its equivalent, any rate in excess of that ceiling, except that any such reduction should take place by stages over a period of 3 years . d. Reductions in rates pursuant to the foregoing should not be cumu- lative as to any commodity. ę. In the exercise of these powers, the existing prenegotiation pro- cedures, including public notice and hearings before the Tariff Com; mission and before an interdepartmental committee, should be followed and peril point determinations should be made. Moreover, visions of the escape clause should apply to tariff reductions made under this authority. In "extending the tariff-negotiating authority of the President, the Con- gress should direct that in future negotiations subdivisions of classifica tion categories which would give rise to new confusion or controversy over classification be avoided to the maximum extent possible. The President should make an annual report to the Congress on the operation of the trade agreements program including information on new سر $ 11 the pro- b 9 8 C S O C f FOREIGN ECONOMIC POLICIES 2925 2 See supra, pp. 1989-1993 and infra, pp. 3101-3105. 1 See supra, pp. 26142615 and 2622-2626. 1 visions whenever he finds that the national interest of the United States le requires it. il- er 1. To date, the escape clause has been applied by the President with respect to only 3 products, despite the fact that there have been over te 50 applications for the use of that clause in the past 5 years. There is no similar body of experience as yet with respect to the application of the peril point provisions. The application of these provisions on the basis of the national interest should provide adequate reassurance as to the stability of United States trade policy. The same standards of sanitation and health should be applied to im- ported as to domestic goods. Plant and animal quarantine provisions & should be maintained. The desirability of consulting with other coun- tries, with a view to creating greater understanding abroad of the standards We being enforced by the United States, should be studied. C. % Il RELATED PROBLEMS OF TRADE ADJUSTMENT 1, 1 21 While the major solutions to trade and payments imbalance must be found in the fields of foreign investment, currency convertibility, and trade policy discussed elsewhere in this report, important con- tributions can be made in other fields. Contributions can be made in Eest-West trade, in shipping, and by tourism, each of which will now ch be discussed. at S. 1. )- 7- d )- ET 1 EAST-WEST TRADE On the problem of what the United States should do toward the growing desire of some Western European nations who are our allies to trade with the countries involved in the Communist bloc, two points seem entirely clear. First, the present ban on exports by the United States to Communist China and North Korea and our efforts to secure similar action by others must continue until the present threats to our security and that of other free nations in those areas have been removed. Secondly , our present efforts to prevent exports to the European-Soviet bloc that might contribute to its military strength must continue until genuine peace is assured.? But over and above these two categories of shipments there lies a possible area of trade between the East and the West in Europe in commodities which do not strengthen the forces of military aggres- sion , & trade from which net advantage might accrue to the West. It is this area of commerce that presents the dilemma to the United For many generations there has existed a broad historic pattern of trade in Central Europe that served to support the economies of countries that are now our allies. These nations traditionally drew from the Soviet Union, Poland, East Germany, and the lower Danube l States. 2926 AMERICAN FOREIGN POLICY, 1950-1955 foreign maritime nations of their dollar earnings from shipping services. - allocated to special reserves for ship building by companies receiving ices of the merchant ships of our allies were available to us through carriage of United States foreign commerce is an important source of The Commission recommends that the determination of the active merchant. fleet requirements of the United States for the purposes of the Merchant Marine Shipping Act of 1936 take account of the availability of foreign vessels and of the importance to the balance of payments of valley, foodstuffs, feeds, fuels, and raw materials. They sold in return the products of their factories. Since the unmasking of the Soviet designs against western civi- lization, in conjunction with other free nations we have sought to restrict that trade. This weakened the economies of friendly coun- tries and incre?:sed their need for our aid. When we terminate that aid there is grave question as to whether we should attempt longer to prevent such friendly nations from avail- ing themselves of their normal and historic trade pattern. It may well be, moreover, that more trade in goods for peaceful purposes would in itself serve to penetrate the Iron Curtain and advance the day when normal relationships with the peoples of East- ern Europe may be resumed. The Commission therefore recommends that, so far as it can be done without jeopardizing military security, and subject to the embargo on Communist China and North Korea, the United States acquiesce in more trade in peaceful goods between Western Europe and the Soviet bloc. MERCHANT MARINE POLICY The Merchant Marine Shipping Act of 1936 ? declared it to be necessary "for the national defense and development of its foreign and domestic commerce that the United States shall have a merchant marine (a) sufficient to carry its domestic waterborne commerce and a substantial portion of the waterborne export and import foreign commerce of the United States and to provide shipping services on all routes essential for maintaining the flow of such domestic and foreign waterborne commerce at all times, (6) capable of serving as a naval and military auxiliary in time of war or national emergency, ... The act provided for construction-differential subsidies to compensate American owners for the excess of the cost of building ships in the United States over the cost of building them abroad, for operating subsidies for ships employed in regular liner routes between the United States and other countries, upon approval of the Maritime Administration, and for exemption from income tax of earning the operating subsidies. A large part of the foreign commerce of the United States always has becn carried in foreign vessels. During World War II, the serr dollar earnings to the foreign maritime nations. C 1 8 a t t 8 @ 8 C t g t D C 1 Act of June 29, 1936; 49 Stat. 1985–2017. FOREIGN ECONOMIC POLICIES 2927 D- er 2x ne On De disarrangement of the triangular pattern of world trademas between and productivity and real income. Because of these structural develop rn It recommends that such requirements be determined by a high-level interdepartmental committee within the United States Government, based Ti- upon these considerations as well as those enumerated in the act. to The Commission recommends that the statutory provisions requiring Use of United States vessels for shipments financed by loans or grants 1 of the United States Government and its agencies be repealed and that support sufficient to maintain a merchant marine adequate to our national ul requirements be provided by direct means, such as those provided for od under the Merchant Marine Shipping Act of 1936. it- TOURISM The Commission recommends consideration of means of facilitating the issuance of passports and visas to tourists, and close cooperation with foreign governments through our missions abroad to insure ease of entry and adequacy of accommodation for travelers abroad. The duty-free allowance for tourists which, in effect, now amounts to $500 exercisable once every 6 months, should be increased to $1,000. The President nd should direct the appropriate departments of the Government to encourage rt the promotion of tourism. nd CURRENCY CONVERTIBILITY There have been two schools of thought concerning the restoration currency convertibility. One school regards the restoration of onvertibility as mainly a matter of curbing inflation abroad. It te regards the war-induced disturbances in production and trade as de temporary phenomena which have now been surmounted. By this ng reasoning, all that remains for the introduction of convertibility is De appropriate monetary-fiscal and exchange rate policies. Another school of thought regards the problem as much more com- ES plicated . While agreeing that the curbing of inflation and the fixing of appropriate exchange rates are essential for convertibility, it orgues that such measures may not be enough. It lays emphasis upon the structural, longer run nature of many of the war-induced dis- tortions in production and trade, and upon even deeper seated changes ch apparent before the war. Without repeating what was said earlier in this report about the dollar problem, other factors that of should be mentioned are the loss of Europe's overseas investments, the the world economy, which has intensified the effects abroad of short- nian economic fluctuations here, and the longer run disparities in ments, this school of thought takes a more cautious attitude toward gn a11 gn nd of de eg 7S already de S. ? convertibility. 2928 AMERICAN FOREIGN POLICY, 1950–1955 One further important question is the effect of sterling (and otherb by the European Payments Union Managing Board, the Board has been requested by the OEEC Council to report again in March 1954 en on the question of compatibility of currency convertibility (partico- larly sterling) and the continued functioning of the European Par The Commission adheres to this latter view. It recognizes, how- ever, that there is an important difference between establishing out- right convertibility of currencies and taking gradual and prudent steps in that direction; and it recognizes also that the general eco- nomic conditions prerequisite to currency convertibility are more nearly in prospect today than at any previous time since the war , The Commission believes that the decisions, the methods, the time table, and the responsibility for introducing currency convertibility should rest on the countries concerned. It recognizes, however, that currency con- vertibility must be examined in the light of the policies pursued by other countries, particularly the United States, and it believes that the recom- mendations in the preceding sections of this report, if carried out, would encourage and assist foreign countries in removing restrictions on trade and payments as rapidly as prudence permits. In the light of these considerations, the Commission wishes to make some general observations regarding currency convertibility. The Commission believes that convertible currencies constitute an indispensa- ble condition for the attainment of world-wide multilateral trade and the maintenance of balanced trade in a relatively free market. It would deplore a merely formal convertibility maintained through trade restric tións. It believes that the removal of restrictions upon payment and upon trade should go hand in hand. It favors gradual but positive progress toward currency convertibility. .. The Commission does not favor a “dash” for convertibility, or letting the currency "find its own level,” since such a method presents the danger of a vicious circle of inflation, and would require larger reserves than may be available to prevent currency depreciation from getting out of hand. It is, however, sympathetic to the concept of a “floating rate," which provides alternative methods of meeting trade b and speculative pressures. Whether a country is strong enough , externally and internally, to administer such a system effectively involves a judgment which only the country in question could itself b responsibly make. The Commission does, however, wish to emphasize its view that strong internal economy, willing and able to control its money suppie and its budget as safeguards against inflation, sufficiently mobile to make the best use of its resources, and able and willing to save in order to increase its productivity and improve its competitive positior in world markets, is a prerequisite to convertibility; and that the attau ment over time of these conditions should be the guide as to how d. rapidly full convertibility could safely be approached. Union. As the matter now stands after more than a year s t a U 81 f of study CI C FOREIGN ECONOMIC POLICIES 2929 7 28 H 1 6. ON SS Reserve System explore with foreign central banks the possibilities of believes that this method is superior to any other which might be it effectively, than a formal grant of credit by our Treasury. See supra, pp. 1012-1037. ments Union. The Commission's view is that the European Pay- ments Union, by its own testimony, has always been regarded as a temporary mechanism with limited objectives—an intra-European multilateral system of trade and payments (including overseas areas). But the Union has achieved an impressive measure of success-above all , it has shown that freeing trade and freeing payment go hand in hand and the Commission feels it should not sponsor any measures that might wreck the Union before there is something better to put in its place. This is a problem for the OEEC countries to work out among themselves, provided their solution does not impede the attainment of a global multilateral system of trade and payments. d Last and most important is the question of adequacy of reserves. l It must always be borne in mind that sterling is a key currency, i. e., & currency used to finance the trade of third countries. Even now sterling finances about 40 percent of the total trade of the world, and if made convertible it would be exposed to trade, financial, and speculative pressures to a far greater extent than any other European ed currency. This is indeed why, in proper circumstances, we want sterling to become convertible, in the interests of freer trade and payment in a worldwide multilateral system. To the extent that some other of the major trading countries might be able to make their currencies convertible simultaneously with sterling, the pressure upon sterling might be eased. The Commission believes, however, that to restore full confidence in sterling, Britain's reserves must be strength- ened. After serious consideration, and after study of the testimony of ts highly qualified and closely interested witnesses both here and abroad, er the Commission's view is that for the purposes of a gradual and con- m trolled approach to full convertibility (except for special safeguards against capital transfers and the control of previously accumulated te balances) adequate reserves could be found through a much more active be utilization than heretofore of the International Monetary Fund's hold- 4ings of gold and convertible currencies which now amount to $3.3 billion. 1 To this end, the Commission favors also any reasonable relaxations by the Fund that might be required, such as a relaxation of the time schedule for utilization of quotas and the provision for maintaining to As a second means of strengthening foreign reserves and of providing foreign exchange support operations to assist in the gradual attainment of general convertibility, the Commission recommends that the Federal standby credits or line of credit arrangements. There is ample prece- dent for such arrangements in the interwar period; and the Commission cause it would avoid an increase in the public debt and because it could be handled more flexibly and informally, and therefore more -81 OT A 8 Is fixed parities. OT 11 1 s S lo 1 415900_-57--Vol. 2481 2930 AMERICAN FOREIGN POLICY, 1950–1955 9 IE IE SI m tr ad ai and profitable and equitable for all, the highest possible level of trade and the most efficient use of capital and resources. That this would also strengthen our military allies adds urgency. Their strength is of pie Great mutual advantages to buyer and seller, to producer and con sumer, to investor and to the community where investment is made Department of State Bulletin, Apr. 19, 1954, pp. 602-607; H. Doc. No. 364 % The Commission was established under the provisions of Title III of the 4 Statement by the President before the organization meeting of the commission, CONCLUSION In closing this report and in submitting the foregoing conclusions and recommendations to the President and the Congress, the Commis- sion wishes to stress the importance of consistency and continuity with respect to our foreign economic policy. Our position of leadership th in the world requires that we make clear to other countries the prin- 01 ciples upon which our policy is based, and that thereafter we seek to maintain stability in our policy in order that the mutual confidence ta so urgently required in the field of international trade may be ad vanced. This stability requires high level coordination of policy within the executive branch of the Government, and consistency of action within the legislative branch. 4. RECOMMENDATIONS CONCERNING UNITED STATES O FOREIGN ECONOMIC POLICY: Message by the President to T the Congress, March 30, 1954 1 d be I submit herewith for the consideration of the Congress recom- mendations concerning the foreign economic policy of the United States. Due to the urgency and significance of our problems in this area, fu I'previously recommended, and the Congress approved, the establisb- ment of the Commission on Foreign Economic Policy. Its member- ship, consisting of seventeen elected officials and private citizens, was drawn from all parts of the country and represented diverse points of th view. The Commission's report, prepared in the American tradition of full debate and vigorous dissent, has been carefully reviewed by the various Executive Departments of the Government and forms the basis for the program I submit in this message. Before the Commission began its deliberations I said to its members “I commend to you an attitude both realistic and bold. Above all , I urge you to follow one guiding principle: What is best in the 13 The national interest in the field of foreign economic policy is clear fo It is to obtain, in a manner that is consistent with our national security di fr critical importance to the security of our country. yi 83d sess. th hi Trade Agreements Extension Act of 1953; supra, doc. 2. 3 Supra. it Sept. 22, 1953; Department of State Bulletin, Oct. 5, 1953, p. 450. W th 0i 18 th 01 ai 1 it FOREIGN ECONOMIC POLICIES 2931 ms 16 ith all to 208 ed ICT TES to mi- ted €8, sh full er- accrue from high levels of trade and investment. They accrue no less in trade from nation to nation than in trade from community to com- munity within a single country. The internal strength of the Amer- ican economy has evolved from such a system of mutual advantage. In the press of other problems and in the haste to meet emergencies, this Nation—and many other nations of the free world—have all too often lost sight of this central fact. Worldwide depression and wars, inflation and resultant economic dislocations, have left a sorry heri- tage: a patchwork of temporary expedients and a host of restrictions, rigidities, interferences, and barriers which seriously inhibit the expan- sion of international trade. Thus are impeded the very forces which make for increased production, employment, and incomes. The tasks of repairing the physical damage caused by the catas- trophe of war have been substantially achieved. The creation of an adequate system of defense for the free world is well advanced. Most of the countries which suffered the ravages of war have made remark- able headway toward financial stability and increased production. Their own efforts have been greatly aided by our assistance, and yet, despite this recovery, we and other free nations are still severely limited by the persistence of uneconomic, manmade barriers to mutual trade and the flow of funds among us. Together we and our friends abroad must work at the task of lower- ing the unjustifiable barriers-not all at once but gradually and with regard for our own interests. In this effort, the United States must take the initiative and, in doing so, make clear to the rest of the world that we expect them to follow our lead. Many foreign restrictions have been imposed as a consequence of the so-called "dollar gap.” This phrase has become the symbol of the failure of the free world to find a lasting solution to the imbalance of international payments. We should no longer fill it by major grants to enable other nations to secure what they need but cannot buy. Our aim must not be to fill the dollar gap, but rather to help close it. Our best interest dictates that the dollar gap be closed by raising the level of trade and investment. The United States stands ready and able to produce and sell more than the rest of the world can buy from us. The inability of many foreign countries to buy our goods in the volume we would like to seil does not arise from any lack of desire for these goods. Such is far from the case. Instead it arises out of an inability of these nations to pay-in dollars for the volume we have to sell. Dollar grants are no lasting solution to this impasse. The solution is a higher level of two-way trade. Thus we can sell and receive payment for our exports and have an increasing volume of investment abroad to assist economic development overseas and Greater freedom from restrictions and controls and the increased efficiencies which arise from expanding markets and the freer play of economic forces are essential to the attainment of this Failure so to move will directly threaten our domestic economy, for it will doom our efforts to find ways by which others, through their own TAS 8 of 100 the the DS, all, A1 ity vo de ild jo ON- den yield returns to us. 360 the higher trade level. 101, 2932 AMERICAN FOREIGN POLICY, 1950-1955 IM 90 COU b. Reduction, by not more than one-half over a 3-year period, ol ! tariffs in effect on January 1, 1945, on products which are not being imported or which are being imported only in negligible c. Reduction, over a 3-year period, pursuant to trade agreeme negotiation, to 50 percent ad valorem, or its equivalent of a I have approved these recommendations of the Commission and urge their adoption by the Congress. I may also recommend specs provisions for negotiation with Japan in view of the economic pret 2 See the announcement by the Department of State concerning special trade negotiations with Japan, Nov. 12, 1954; Department of State Bulletin, Nor. A/ efforts, can buy our goods. The only practicable alternative is to reduce exports. Our farms would have to sell less, since the product of 40 million acres, amounting to 10 to 12 percent of our agriculture would have to find their market outside our own country. Moreover, re if their export markets were curtailed, American factories now selling their products throughout the world' would have to reduce employ" be ment. It is a very important fact that over 4 million American P workers depend on international trade for their employment. Beyond our economic interest, the solidarity of the free world and sh the capacity of the free world to deal with those who would destroy it in are threatened by continued unbalanced trade relationships—the inability of nations to sell as much as they desire to buy. By moving boldly to correct the present imbalance, we shall support and increase te the level of our exports of both manufactured and agricultural prod. ucts. We shall, at the same time, increase the economic strength d Ta our allies. Thus shall we enhance our own military security of Tec strengthening our friends abroad. Thus shall we assure those source gic of imports that supplement our domestic production and are vitel i 1 our defense. Thus shall we raise our standard of living and aid in the Un development of a better world for all of us and our children. TARIFFS the I am convinced that the gradual and selective revision of our tarifs sta through the tested method of negotiation with other nations, is an nat essential ingredient of the continuing growth of our domestic economy LA! An expression of our willingness to negotiate further will offer neede leadership toward the reduction of trade and payments barriers the Ag ? limit markets for our goods throughout the world. abr The Commission on Foreign Economic Policy recommended a thre TH year extension of the Trade Agreements Act with amendments i authorize: a. Reduction, pursuant to trade agreement negotiation, of existia tariff rates on commodities selected for such negotiations by mal more than 5 percent of present rates in each of the 3 years of di new act; 1 ; and got rate in excess of 50 percent ad valorem, or its equivalent : I lems of that country.? Extension 1955, co ind me. IT: out tha VOI đ , side yar trai Ist pro mel 1954, pp. 767–771. FOREIGN ECONOMIC POLICIES 2933 See Agreement on the Organization for Trade Cooperation; infra, doc. 8. rer ing sideration by the legislative or other appropriate authorities in the various countries, and providing a forum for consultation regarding I shall act promptly upon this recommendation. At the same time, I shall suggest to other contracting parties revisions of the substantive provisions of the agreement to provide a simpler, stronger instru- went contributing more effectively to the development of a workable to The foregoing authority does not contemplate across-the-board cits tariff reductions. The peril point and escape clause procedures ing would, of course, be preserved, and the three proposed types of rate e reduction would not be cumulative. Tariff reductions would be ing made selectively on specific commodities, and only after notice and 07. hearings in accordance with past practice. This would represent our a part in the gradual and careful approach to the whole problem of improved trade which the world so urgently needs. No sudden, and sharp , or widespread adjustments within our economy would be pit involved. These escape clause and peril point provisions of our tariff legis- lation are designed to mitigate injury to our domestic producers from se tariff reductions. Whenever recourse is had to these provisions, ed I shall carefully consider the findings and recommendations of the na Tariff Commission. My responsibilities for the welfare of the Nation by require that I continue to base my decisions at times on broader e grounds than the Tariff Commission is empowered to consider. to The Commission on Foreign Economic Policy supports this position. the I have approved the Commission's recommendations that the United States withhold reductions in tariffs on products made by workers receiving wages which are substandard in the exporting country. This policy shall be placed in effect. I have also approved the Commission's recommendations concerning raising of labor stendards through consultative procedures and cooperation in inter- national conferences such as those sponsored by the International Labor Organization. that These recommendations for renewal and amendment of the Trade Agreements Act are based on the plain truth that if we wish to sell sbroad we must buy abroad. M THE GENERAL AGREEMENT ON TARIFFS AND TRADE Since 1948, virtually all the major trading nations of the world, including the United States, have become parties to a General Agree- the ment on Tariffs and Trade. This agreement has been the principal arrangement by which we in the United States have sought to carry out the provisions and purposes of the Trade Agreements Act. The Commission on Foreign Economic Policy has recommended that the United States renegotiate the organizational provisions of agreement, so that the contracting parties acting collectively would confine 'their functions to sponsoring multilateral trade ne- kotiations, recommending broad trade policies for individual con- 81 my ret DO BOL Will zen! 80 and trade disputes. cial robo no 2934 AMERICAN FOREIGN POLICY, 1950–1955 It also could help maintain a high level of economic activity and To provide an improved basis for customs valuations I urge adoption An increased flow of United States investment abroad could cor- tribute significantly to the needed expansion of international trade 1 See the President's letter to the chairman of the United States delegation so j me the Ninth Session of the Contracting Parties to GATT; Department of State system of world trade. When the organizational provisions of the agreement have been renegotiated, they will be submitted to the Congress for its approval.? CUSTOMS ADMINISTRATION AND PROCEDURE The problems of tariff classification, of proper valuation of imported articles and of procedures for administering the customs are complex and perplexing. Over the years these problems have grown to the point where they now constitute an unwarranted and unintended burden on trade. The United States may be no worse in this regard than many other nations, but good business practice alone is sufficient to require: a. Simplification of commodity definitions, classifications, and rate structure; b. Improvement in the methods of valuation of imports; and Establishment of more efficient procedures for customs administration. To this end I shall propose legislation providing for the simplif- cation of the commodity definitions and rate structures in the Tarif Act, after a study by the Tariff Commission, and subject to appro priate standards to be established by the Congress. Such legislation should also provide for a better method of classification of articles not enumerated in the tariff schedules, and for sucb improvement in the statutes governing the administration of customs procedures as can be made at this time. In this connection I am directing the Depart- tro ment of the Treasury to keep customs procedures under continuous review and to report to the Congress annually on the difficulties ad delays in processing goods through Customs, together with recommer- dations for action to eliminate such obstructions. I further recom mend that the antidumping law and procedures under it be change so far as necessary to permit speedier and more efficient disposal din cases and to prevent undue interference with trade during i Ivestiga tion of suspected dumping. fir of the Treasury's valuation proposals. These are embodied H. R. 6584, which has already been passed by the House Representatives.3 C. 91 tr fo PI DI in of @3:57 UNITED STATES INVESTMENT ABROAD tic ar: to eci 1 9 2 See General Agreement on Tariffs and Trade, Oct. 30, 1947, the Ninth Session of the Contracting Parties, "Mar. 10, 1955; infra, doc. 7. inj 3 Measure did not reach Senate floor. FOREIGN ECONOMIC POLICIES 2935 Recommendation not incorporated in the Mutual Security Act of 1954; see EX 21 778 arrangements will limit the willingness of United States businessmen to invest abroad and will reduce the benefits of such investment to the economies of the host countries. o employment in the United States. Further, such investment con- tributes to the development abroad of primary resources needed to meet our own ever-increasing needs even while it helps to strengthen the economies of foreign countries. In view of the great importance of private investment to our foreign economic policy, I emphasize the d necessity for passage of the administration tax bill' already recom- mended to you and already advanced in your considerations which provides for: d . Taxation of business income from foreign subsidiaries or from segregated foreign branches which operate and elect to be taxed as subsidiaries at a rate 14 percentage points lower than the regular corporate rate; d b. Broadening the definition of foreign taxes which may be credited against the United States income tax to include any tax, which is the principal form of taxation on business in a country, except turnover, general sales taxes or excise, and social security taxes; c. Removing of the overall limitation on foreign tax credits; and d. Permitting regulated investment companies concentrating on f foreign investment to pass on to their stockholders the credit for TA foreign taxes which would be available on direct investment. Further to encourage the flow of private investment abroad, we shall give full diplomatic support, through our activities here and through our missions and representatives in the field, to the acceptance and understanding by other nations of the prerequisites for the at- traction of private foreign investment. We shall continue to use the treaty approach to establish common rules for the fair treatment of In connection with legislation authorizing the mutual security program, I suggest that the Congress consider the desirability of broadening the existing authority to guarantee against losses on new investment abroad, so as to cover losses caused by war, revolution, The Commission has pointed out that uncertainty as to the appli- catioa of United States antitrust laws to the operations of American firms abroad is a deterrent to foreign investment. It recommended that our antitrust laws be restated in a manner which would clearly acknowledge the right of each country to regulate trade within its own borders. At the same time, the Commission insisted that it should be made clear that foreign laws or established business prac- tices which encourage restrictive price, production, or marketing 21 ot he 21 at 118 foreign investment. 11. D ed and insurrection. go 2 31 D lo id si mendation in connection with its current study of the antitrust laws. See Internal Revenue Code of 1954 (PL 591, 83d Cong., 2d sess.); 68A Stat. 8 infra, pp. 3105-3140. 2936 AMERICAN FOREIGN POLICY, 1950–1955 seas production by our citizens and the nationals of other countries. materials required for military purposes should be assured by direct BUY AMERICAN LEGISLATION At present certain of our laws require that, in specified Federal or federally financed procurement, preference be given to domestic firms over foreign bidders. Except where considerations of national se- curity, persistent and substantial unemployment, or encouragement of small business require otherwise, I agree with the Commission that it is improper policy, unbusinesslike procedure, and unfair to the taxpayer for the Government to pay a premium on its purchases. I request, therefore, that legislative authority be provided to exempt from the provisions of this legislation the bidders from nations that treat our bidders on an equal basis with their own nationals.? Meanwhile, the executive branch is clarifying the application of these preference principles to Government procurement. It will limit the price differential favoring domestic producers over foreign bidders to a reasonable percent, dependent upon the circumstances over and above whatever tariffs may apply. Discretionary authority, how- ever, must be continued to permit special consideration in Government procurement for the requirements of national security, for the problems of small business, and of areas where persistent and substantial un- employment exists. RAW MATERIALS This country is blessed with abundant mineral resources, but we must make the most of them if we are to satisfy the ever-increasing appetite of an expanding economy and at the same time maintain an adequate defense posture. We must recognize, however, that it is not possible for this Nation, or any other nation, to produce enough of every metal and mineral needed by modern industry. These materials are not evenly distributed throughout the world. We have to depend on one another. Our foreign economic policies, therefore, must en courage the relatively easy flow of these materials in international trade. The Commission has made two sets of recommendations which | believe will materially assist in achieving an orderly expansion of mineral production both here and abroad. The first is that the United States Government should make a con structive contribution toward greater stability of world prices of raw materials by moderating or relaxing impediments to international trade, by encouraging diversification of foreign economies, by avoiding procurement practices which disturb world prices, by consultation with other nations, and by tempering the fluctuations in our 04 economy. The second calls for increased encouragement of investment in over I heartily endorse these recommendations. The Commission also recommended that domestic sources for rear t t 1 I 1 No legislation submitted. 2 See Ex. Or. 10582, Dec. 17, 1954. FOREIGN ECONOMIC POLICIES 2937 3 1 j Its membership consisted of the Secretary of the Interior (Chairman), the Secre- Defense Mobilization. The Secretary of the Treasury and the Director of the Department of State Bulletin, Dec. 27, 1954, pp. 988–990. PL 781, 83d Cong., 2d sess., Aug. 26 and Sept. 3, 1954; 68 Stat. 832 and 1267). means and not by tariffs and import quotas. I believe that normally this is sound. However, I have appointed a special Cabinet committee which is now surveying the whole field of our minerals policy and have drawn their attention to these recommendations, AGRICULTURE Perhaps no sector of our economy has a greater stake in foreign trade than American agriculture. In recent years, for example, one-third of our wheat, forty percent of our cotton and rice, and one-fourth of our tobacco and soybeans have been exported. It is highly important to maintain foreign markets for our agricultural products. Any program designed to serve the interests of American agriculture must take due account of the necessity for export markets. Put in the words of the Commission, "It is necessary to harmonize our agricul- tural and foreign economic policies without sacrificing the sound objec- tives of either." I am convinced such reconciliation is possible. Ac- ceptance of the recommendations in my agricultural message of Jan- uary 11 will, I feel certain, help accomplish this objective.? MERCHANT MARINE With respect to our ocean shipping, we must have a merchant ma- rine adequate to our defense requirements. I subscribe to the prin- ciple that such support of our merchant fleet as is required for that purpose should be provided by direct means to the greatest possible extent. Such a policy, however, requires a careful analysis of the means available for providing direct support, its possible effects on foreign flag vessel carryings, and its total costs before a specific pro- gram can be recommended. The Department of Commerce has already studied this problem at length . Its findings will be further reviewed within the Executive Branch in order to develop specific recommendations to transmit to the next session of the Congress, in addition to the proposals submitted by the Executive Branch that are now before the Congress.3 INTERNATIONAL TRAVEL International travel has cultural and social importance in the free world. It also has economic significance. Foreign travel by Amer- icans is a substantial source of dollars for many countries, enabling them to pay for what we sell them. The Cabinet Committee on Mineral Policy was appointed, Oct. 26, 1953. report to the President, Dec. 11 , 1954. For a summary of its findings, see the H. Doc. 292, 83d Cong., 2d sess. See the two'amendments to the Merchant Marine Act of 1936 (PL 664 and 2938 AMERICAN FOREIGN POLICY, 1950–1955 CO PI ra re ga WO nomically sound, are within the capacity of the prospective borrowe I approve the recommendations of the Commission on Foreign Economic Policy that the United States participation in technical While the promotion of tourism is primarily a responsibility of the countries which welcome visitors, and is a function for private enter- prise, there are some specific governmental actions which can be help- ful. For example, there is H.R. 8352 ' which increases the duty-free de allowance for tourists from $500 to $1,000, exercisable every 6 months in I recommend its passage. From time to time I may have other recom- of mendations for legislative action to stimulate travel. to Meanwhile, in the executive branch, I shall instruct the appropriate agencies and departments, at home and abroad, to consider how they he can facilitate international travel. They will be asked to take action to simplify governmental procedures relating to customs, visas, pas le ports, exchange or monetary restrictions and other regulations that gr sometimes barass the traveler. ECONOMIC AID AND TECHNICAL ASSISTANCE Assistance extended in the past by the United States to other free for nations has played an effective part in strengthening the national se curity, developing important resources, and opening up significant be opportunities, for ourselves and for others. It has also carried with it, in many instances, particularly in technical cooperation and famine re relief, a deep humanitarian response by our people. However , eco be nomic aid cannot be continued indefinitely." We must distinguish 4 between an emergency and a chronic malady, between a special case and a general rule. I subscribe, therefore, to the principle that economic aid on a grant ca basis should be terminated as soon as possible consistent with our of national interest. In cases where support is needed to establish and C equip military forces of other governments in the interest of our mutual defense, and where this is beyond the economic capacity of another country, our aid should be in the form of grants. As recog nized by the Commission, there may be some cases in which modest amounts of grant aid to underdeveloped countries will importantly serve the interest of security. I further agree that in other situations where the interest of the United States requires that dollars not otherwise available to a country should be provided, such support to the maximum extent appropriate should be in the form of loans rather than grants. In extending such loans, we must be careful not to interfere with the normal lending activities and standards of the Export-Import Bank. The International Bank is the primary institution for the public financing of economic development. The Export-Import Bank th will consider on their merits applications for the financing of developm ment projects, which are not being made by the International Bank , and which are in the special interest of the United States , are ecer to repay and within the prudent loaning capacity of the bank OL CO in re en re th be of ar ar Jar 1 Did not become law. FOREIGN ECONOMIC POLICIES 2939 3 See supra, pp. 2622-2626. r- ie $. investment but should be so administered as to fit into the programs 1 See the Mutual Security Act of 1954; infra, pp. 3105-3140. ? Act of Oct. 26, 1951; infra, pp. 3101-3105. ne cooperation programs should be pressed forward vigorously. Such programs should concentrate on providing experts and know-how De rather than large funds or shipments of goods except for necessary * demonstration equipment. They should not provide capital for of development of the assisted countries and they should be related to any private or public investment likely to be forthcoming Review of the requirements for the Mutual Security Program has been conducted with these principles in mind and substantial I reductions in grant aid have been made by this administration. The legislation which I shall later propose for the Mutual Security Pro- gram will reflect these principles. EAST WEST TRADE In viewing the problems of other nations of the free world, we are forced to recognize that the economies of some of them have been weakened by the disruption of the broad historic pattern of trade t between East and West. h Curtailment of our aid programs will increase the pressures for e resumption of such trade. A greater exchange of peaceful goods between East and West—that is, goods not covered by the Battle Act? nor otherwise considered strategic so far as it can be achieved without jeopardizing national security, and subject to our embargo on Communist China and North Korea, should not cause us undue concern. I shall, of course, take appropriate action to ensure that our security is fully safeguarded. it 1 B8 1 d CONVERTIBILITY of 18 encouragement. t 0 $ The Commission rightly regards positive progress toward currency convertibility as an indispensable condition for a freer and healthier international trade. Steps toward enabling holders of foreign cur- rencies to convert them freely into other currencies deserve our The Commission has correctly observed that the initiative and responsibility for introducing currency convertibility must rest with the countries concerned. I am happy to say that such initiative is being taken. The British and other members of the Commonwealth of Nations have met twice, in London and in Sydney, to consider plans for convertibility of the pound sterling." The United Kingdom and other important nations of Europe have discussed their aims with us. Individually they are taking constructive steps affecting dlheir own currencies. In addition, discussions among them which are now under way in connection with the renewal of the European h - Jan. 8-14, 1954. 2940 AMERICAN FOREIGN POLICY, 1950-1955 m 0 LE di ing world markets; for our security we require that our allies become economically strong. Expanding trade is the only adequate solutia 1 The May 5–6, 1954, session of the Ministerial Council of the OEEC extended Payments Union 1 are being largely influenced by their desire to pre pare the way for convertibility . I have approved the Commission's recommendations for coopers. tion in strengthening the gold and dollar reserves of countries which have prepared themselves for convertibility by sound internal and external policies. These recommendations do not call for new action by the Congress. Authority and procedures for this purpose already exist. The United States will support the use of the resources of the International Monetary Fund as a bulwark to strengthen the cur rencies of countries which undertake convertibility. In addition, a study is now being made, as suggested by the Commission, of the possibility of standby credits from the Federal Reserve System. CONCLUSION fa What I have outlined to you is a minimum program which should b be judged as a whole. Its various parts are interrelated; each require the other. Conceived as a whole, this program consists of four major partes Aid--which we wish to curtail; Investment-which we wish to encourage; Convertibility which we wish to facilitate; and Trade-which we wish to expand. I consider it essential that we achieve each of these objectives, which we must clearly understand are closely interlocked: As we curtail ou aid, we must help to close the dollar gap by expanding our foreign iz vestment and trade. This expansion will be facilitated by a return fo to convertibility of foreign currencies. The return by our friends abroad to convertibility will be encouraged if our trade policy lesdi them to expect expansion of our foreign trade and investment . Unless we are prepared to adopt the policies I have recommende to expand export and import trade and increase the flow of our capital into foreign investment, our friends abroad may be discouraged in their effort to reestablish a free market for their currencies. If we film in our trade policy, we may fail in all. Our domestic employment, ou standard of living, our security, and the solidarity of the free world all are involved. For our own economic growth we must have continuously expand for these two pressing problems confronting our country. the life of the EPU to June 30, 1955. ag ca CU MI to Z! mi 1 2 the 1 4 of 1 FOREIGN ECONOMIC POLICIES 2941 218. ur Mutual Security Legislation and Related Documents, compilation prepared by tion, Dec. 29, 1955, pp. 113-118. of the Mutual Security Act of 1954, as amended (infra, p. 3129). pre- 5. AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954, AS AMENDED IN 1955: Public Law 480 (83d Congress, 2d Session), July 10, 1954; Amended by Public Laws 25 lich and 387 (84th Congress, 1st Session), April 25 and August 12, 19553 and JOn AN ACT To increase the consumption of United States agricultural commodities ady in foreign countries, to improve the foreign relations of the United States, and the for other purposes. Be it enacted by the Senate and House of Representatives of the United cm, States of America in Congress assembled, That this Act may be cited as the the “Agricultural Trade Development and Assistance Act of 1954.” Sec. 2. It is hereby declared to be the policy of Congress to expand international trade among the United States and friendly nations, to ould facilitate the convertibility of currency, to promote the economic sta- bility of American agriculture and the national welfare, to make maxi- ires mum efficient use of surplus agricultural commodities in furtherance rts : of the foreign policy of the United States, and to stimulate and facili- tate the expansion of foreign trade in agricultural commodities pro- duced in the United States by providing a means whereby surplus agricultural commodities in excess of the usual marketings of such commodities may be sold through private trade channels, and foreign currencies accepted in payment therefor. It is further the policy to use foreign currencies which accrue to the United States under this 2.cAct to expand international trade, to encourage economic develop- om ment , to purchase strategic materials, to pay United States obligations abroad, to promote collective strength, and to foster in other ways the un foreign policy of the United States. TITLE I-SALES FOR FOREIGN CURRENCY SEC. 101. In furtherance of this policy, the President is authorized to negotiate and carry out agreements with friendly nations or organi- zations of friendly nations to provide for the sale of surplus agricul- tural commodities for foreign currencies. In negotiating such agree- ments the President shall- (a) take reasonable precautions to safeguard usual marketings of the United States and to assure that sales under this Act will not unduly disrupt world prices of agricultural commodities; (b) take appropriate steps to assure that private trade channels are used to the maximum extent practicable both with respect to sales from privately owned stocks and from stocks owned by the Commodity Crediť Corporation; (c) give special consideration to utilizing the authority and funds provided by this Act, in order to develop and expand con- nds ade ded its | i fail OU! a ndo me 201 ded 168 Stat. 454. : 69 Stat. 44 and 721. 3 2942 AMERICAN FOREIGN POLICY, 1950–1955 2 ( hereunder, the Commodity Credit Corporation, in accordance with regulations make available for sale hereunder at such points in the United States as the issued by the President pursuant to subsection (b) of this section, (1) shall President may direct surplus agricultural commodities heretofore or hereafter acquired by the Corporation in the administration of its price support opera- tions, and (2) shall make funds available to finance the sale and exportation of surplus agricultural commodities from stocks owned by the Corporation or pledged or mortgaged as security for price support loans or from stocks privately owned if the Corporation is not in a position to supply the com modity from its owned stocks: Provided, That to facilitate the use of private commodity, may finance the sale and exportation of privately owned stocks if the Corporation's stocks are reduced through arrangements whereby the private exporter acquires the same commodity of comparable value of modities to private exporters under such arrangements Commodity Credit quantity from the Commodity Credit Corporation. In supplying car Corporation shall not be subject to the sales price restriction in section 407 tinuous market demand abroad for agricultural commodities with appropriate emphasis on underdeveloped and new market areas; (d) seek and secure commitments from participating countries that will prevent resale or transshipment to other countries , or use for other than domestic purposes, of surplus agricultural com- modities purchased under this Act, without specific approval of the President; and (e) afford any friendly nation the maximum opportunity to purchase surplus agricultural commodities from the United States, taking into consideration the opportunities to achieve the declared policy of this Act and to make effective use of the foreign currencies received to carry out the purposes of this Act. SEC. 102. (a) For the purpose of carrying out agreements concluded by the President hereunder, the Commodity Credit Corporation , in accordance with regulations issued by the President pursuant to sub- section (b) of this section, (1) shall make available for sale hereunder to domestic exporters surplus agricultural commodities heretofore or hereafter acquired by the Corporation in the administration of its price-support operations, and (2) shall make funds available to finance the sale and exportation of surplus agricultural commodities, whether from private stocks or from stocks of the Commodity Credit Corpore tion." In supplying such commodities to exporters under this sub- section the Commodity Credit Corporation shall not be subject to the sales price restrictions in section 407 of the Agricultural Act of 1949,'s amended. The commodity set-aside established for any commoditi under section 101 of the Agricultural Act of 1954 (68 Stat. 897) shal be reduced by a quantity equal to the quantity of such commodity financed hereunder which is exported from private stocks. (b) In order to facilitate and maximize the use of private channel of trade in carrying out agreements entered into pursuant to this day 1 Act of Oct. 31, 1949; 63 Stat. 1051. 2 This subsection was revised by PL 25, 84th Cong., 1st sess. (69 Stat. 4 approved Apr. 25, 1955. It formerly read as follows: "For the purpose of carrying out agreements concluded by the President Corporationeven though of the Agricultural Act of 1949, as amended." ( t I t FOREIGN ECONOMIC POLICIES 2943 OT 90 OT zce ТЯ. 84th Cong., 1st sess. (69 Stat. 721), approved Aug. 12, 1955. * Act of July 23, 1946; 60 Stat. 596. es, the President may, under such regulations and subject to such safe- ket guards as he deems appropriate, provide for the issuance of letters of commitment against funds or guarantees of funds supplied by the ies Commodity Credit Corporation and for this purpose accounts may be of established on the books of any department, agency, or establishment m of the Government, or on terms and conditions approved by the of Secretary of the Treasury in banking institutions in the United States. Such letters of commitment, when issued, shall constitute obligations to of the United States and moneys due or to become due thereunder shall ed be assignable under the Assignment of Claims Act of 1940. Expend- heitures of funds which have been made available through accounts so established shall be accounted for on standard documentation required for expenditures of Government funds. led SEC. 103. (a) For the purpose of making payment to the Com- i modity Credit Corporation to the extent the Commodity Credit bal Corporation is not reimbursed under section 105 for commodities to disposed of and costs incurred under titles I and II of this Act, there are hereby authorized to be appropriated such sums as are equal to (1) the Corporation's investment in commodities made available for export under this title and title II of this Act, including processing, Det packaging, transportation, and handling costs, and (2) all costs incurred by the Corporation in making funds available to finance the ob exportation of surplus agricultural commodities pursuant to this title. be Any funds or other assets available to the Commodity Credit Corpora- Castion may be used in advance of such appropriation or payments, for 1 carrying out the purposes of this Act. (b) Transactions shall not be carried out under this title which will it call for appropriations to reimburse the Commodity Credit Corpora- tion, pursuant to subsection (a) of this section, in amounts in excess of els $1,500,000,000. This limitation shall not be apportioned by year or by country, but shall be considered as an objective as well as a limita- tion, to be reached as rapidly as possible so long as the purposes of this Act can be achieved within the safeguards established.? Sec . 104. Notwithstanding section 1415 of the Supplemental Appropriation Act, 1953, or any other provision of law, the President il may use or enter into agreements with friendly nations or organiza- tions of nations to use the foreign currencies which accrue under this title for one or more of the following purposes: (a) To help develop new markets for United States agricultural commodities on a mutually benefiting basis; (b) To purchase or contract to purchase strategic and critical materials, within the applicable terms of the Strategic and Critical Materials Stockpile Act, for a supplemental United States stock- pile of such materials as the President may determine from time to time under contracts, including advance payment contracts, for supply extending over periods up to ten years. All strategic and Act of Oct. 9, 1940; 54 Stat. 1029. The figure “$1,500,000,000", and the second sentence were added by PL 387, The figure all the ter =18 701 oks ate Die dit 2944 AMERICAN FOREIGN POLICY, 1950–1955 is 01 d CC tr to 81 im th pl th th 8S Agriculture. The Secretary of Agriculture is also authorized to deter- critical materials acquired under authority of this title shall be placed in the above named supplemental stockpile and may be additional to the amounts acquired under authority of the Strategic and Critical Materials Stockpile Act. Materials so acquired shall be released from the supplemental stockpile only under the provisions of section 3 of the Strategic and Critical Materials Stockpile Act; (c) To procure military equipment, materials, facilities, and services for the common defense; (d) For financing the purchase of goods or services for other friendly countries; (e) For promoting balanced economic development and trade among nations; (f) To pay United States obligations abroad; (g) For loans to promote multilateral trade and economic de velopment, made through established banking facilities of the friendly nation from which the foreign currency was obtained or in any other manner which the President may deem to be appro- priate. Strategic materials, services, or foreign currencies may be accepted in payment of such loans; (h) For the financing of international educational exchange activities under the programs authorized by section 32 (b) (2) of the Surplus Property Act of 1944, as amended (50 U.S.C. App. 1641 (b)). Provided, however, That section 1415 of the Supplemental Appropria- tion Act, 1953, shall apply to all foreign currencies used for grants under subsections (d) and (e) and for payment of United States obliga- tions involving grants under subsection (f) and to not less than 10 per centum of the foreign currencies which accrue under this title: Provided, however, That the President is authorized to waive such applicability of section 1415 in any case where he determines that it would be inappropriate or inconsistent with the purposes of this title . Sec. 105. Foreign currencies received pursuant to this title shall be deposited in a special account to the credit of the United States and shall be used only pursuant to section 104 of this title, and any de- partment or agency of the government using any of such currencies for a purpose for which funds have been appropriated shall reimburse the Commodity Credit Corporation in an amount equivalent to the dollar value of the currencies used. Sec. 106. As used in this Act, *"surplus agricultural commodity " shall mean any agricultural commodity or product thereof, class , kind type, or other specification thereof, produced in the United States , either privately or publicly owned, which is or may be reasonably expected to be in excess of domestic requirements, adequate carryovery and anticipated exports for dollars, as determined by the Secretary of mine the nations with whom agreements shall be negotiated, and to determine the commodities and quantities thereof which may PE C sed red OTO 18 the be Cd em Pr no 1 1 ini ing SUI of ! au ad 1 api 1 Act of Oct. 3, 1944; 58 Stat. 765. 2 Act of July 15, 1952; 66 Stat. 637. FOREIGN ECONOMIC POLICIES 2945 authority of this title after June 30, 1957. adding at the end thereof the following: "Notwithstanding the fore.. included in the negotiations with each country after advising with other agencies of Government affected and within broad policies laid down by the President for implementing this Act. Sec. 107. As used in this Act, "friendly nation" means any country other than (1) the U. S. S. R., or (2) any nation or area dominated or controlled by the foreign government or foreign organization con- trolling the world Communist movement. Sec. 108. The President shall make a report to Congress with respect to the activities carried on under this Act at least once each six months and at such other times as may be appropriate and such reports shall include the dollar value, at the exchange rates in effect at the time of the sale, of the foreign currency for which commodities exported pursuant to section 102 (a) hereof are sold. Sec. 109. No transactions shall be undertaken under authority of this title after June 30, 1957, except as required pursuant to agreements theretofore entered into pursuant to this title. TITLE II—FAMINE RELIEF AND OTHER ASSISTANCE Sec. 201. In order to enable the President to furnish emergency assistance on behalf of the people of the United States to friendly peoples in meeting famine or other urgent relief requirements, the Commodity Credit Corporation shall make available to the President out of its stocks such surplus agricultural commodities (as defined in section 106 of title I) f. o. b. vessels in United States ports, as he may request, for transfer (1) to any nation friendly to the United States in order to meet famine or other urgent relief requirements of such nation, and (2) to friendly but needy populations without regard to the friendliness of their government. Sec. 202. The President may authorize the transfer on a grant basis of surplus agricultural commodities from Commodity Credit Corporation stocks to assist programs undertaken with friendly gov- emments or through voluntary relief agencies: Provided, That the President shall take reasonable precaution that such transfers will not displace or interfere with sales which might otherwise be made. Sec . 203. Not more than $300,000,000 (including the Corporation's investment in the commodities shall be expended for all transfers, including delivery on board vessels in United States ports, under this title. The President may make such transfers through such agencies including intergovernmental organizations, in such manner, and upon such terms and conditions as he deems appropriate; he shal make use of the facilities of voluntary relief agencies to the extent practicable. Sec. 204. No programs of assistance shall be undertaken under the TITLE III GENERAL PROVISIONS Sec . 301. Section 407 of the Agricultural Act of 1949 is amended by This sentence was added by PL 387, 84th Cong., 1st sess. (69 Stat. 721), approved Aug. 12, 1955. 415900--07--Vol. 2 -82 2946 AMERICAN FOREIGN POLICY, 1950-1955 the case of (3) and (4) above the Secretary shall obtain such assurance Secretary may from time to time estimate and announce the quantity order to facilitate the appropriate disposal of such commodities, the going, the Corporation, on such terms and conditions as the Secretary may deem in the public interest, shall make available any farm commodity or product thereof owned or controlled by it for use in relieving distress (1) in any area in the United States declared by the President to be an acute distress area because of unemployment or other economic cause if the President finds that such use will not displace or interfere with normal marketing of agricultural commodi- ties and (2) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended (42 U.S. C. 1855). Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making such commodity available beyond the cost of the commodities to the Corporation in store and the handling and transportation costs in making delivery of the com- modity to designated agencies at one or more central locations in each State." SEC. 302. Section 416 of the Agricultural Act of 1949 is amended to read as follows: “SEC. 416. In order to prevent the waste of commodities acquired through price-support operations by the Commodity Credit Corpora- tion before they can be disposed of in normal domestic channels with- out impairment of the price-support program or sold abroad at com- petitive world prices, the Commodity Credit Corporation is author- ized, on such terms and under such regulations as the Secretary maj deem in the public interest: (1) upon application, to make such com- modities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as author- ized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State , Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served; and (9.to donate any such food commodities in excess of anticipated disposition under (1), (2), and (3) above to nonprofit voluntary agencies regis tered with the Committee on Voluntary Foreign Aid of the Foreign Operations Administration or other appropriate department or agence of the Federal Government and intergovernmental organizations for use in the assistance of needy persons outside the United States. To as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In 1 11 distribution under (3) and (4) above. The Commodity Credit Com poration may pay, with respect to commodities disposed of under this 1 Act of Sept. 30, 1950; 64 Stat. 1109. FOREIGN ECONOMIC POLICIES 2947 section, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency, in the case of commodi- ties made available for use within the United States, or their delivery free alongside ship or free on board export carrier at point of export, in the case of commodities made available for use outside the United States. For the purpose of this section the terms 'State' and 'United States' include the District of Columbia and any Territory or posses- sion of the United States." Sec. 303. Whenever the Secretary has reason to believe that, in addition to other authorized methods and means of disposing of agricultural commodities owned by the Commodity Credit Corpo- ration, there may be opportunity to protect the funds and assets of the Commodity Credit Corporation by barter or exchange of such agricultural commodities for (a) strategic materials entailing less risk of loss through deterioration or substantially less storage charges, or (b) materials, goods or equipment required in connection with foreign economic and military aid and assistance programs, or (c) materials or equipment required in substantial quantities for offshore construc- tion programs, he is hereby directed to use every practicable means, in cooperation with other Government agencies, to arrange and make, through private trade channels, such barters or exchanges or to utilize the authority conferred on him by section 4 (h) of the Commodity Credit Corporation Charter Act, as amended, to make such barters or exchanges. Agencies of the United States Government procuring materials, goods or equipment are hereby directed to cooperate with the Secretary in the disposal of surplus agricultural commodities by means of barter or exchange. Strategic materials so acquired by the Commodity Credit Corporation shall be considered as assets of the Corporation and other agencies of the Government, in purchasing strategic materials, shall purchase such materials from Commodity Credit Corporation inventories to the extent available in fulfillment of their requirements. The Secretary is also directed to assist, through such means as are available to him, farmers' cooperatives in effecting exchange of agricultural commodities in their possession for strategic Sec. 304. The President shall exercise the authority contained herein (1) to assist friendly nations to be independent of trade with the V. S. S. R. or nations dominated or controlled by the U. S. S. R. for food, raw materials and markets, and (2) to assure that agricultural commodities sold or transferred hereunder do not result in increased availability of those or like commodities to unfriendly nations. SEC. 305. All Commodity Credit Corporation stocks disposed of under title II of this Act and section 416 of the Agricultural Act of 1949 , as amended, shall be clearly identified by, as far as practical, appropriate marking on each package or container as being furnished by the people of the United States of America. Act of June 29, 1948: 62 Stat. 1070. * See sec. 302 of this act. such materials. : 2948 AMERICAN FOREIGN POLICY, 1950–1955 . 1 1 the free world. This free-world alliance will be most firmly cemented 6. FOREIGN ECONOMIC POLICY: Message by the President to the Congress, January 10, 1955 1 The Nation's enlightened self-interest and sense of responsibility as a leader among the free nations require a foreign economic program that will stimulate economic growth in the free world through enlarging opportunities for the fuller operation of the forces of free enterprise and competitive markets. Our own self-interest requires such a pro- gram because (1) economic strength among our allies is essential to our security; (2) economic growth in underdeveloped areas is necessary to lessen international instability growing out of the vulnerability of such areas to Communist penetration and subversion; and (3) an increasing volume of world production and trade will help assure our own economic growth and a rising standard of living among our own people. In the worldwide struggle between the forces of freedom and those of communism, we have wisely recognized that the security of each nation in the free world is dependent upon the security of all other nations in the free world. The measure of that security in turn is dependent upon the economic strength of all free nations, for without economic strength they cannot support the military establishments that are necessary to deter Communist armed aggression. Economic strength is indispensable, as well, in securing themselves against internal Communist subversion. For every country in the free world, economic strength is dependent upon high levels of economic activity internally and high levels of international trade. No nation can be economically self-sufficient Nations must buy from other nations, and in order to pay for what they buy they must sell. It is essential for the security of the United States and the rest of the free world that the United States take the leadership in promoting the achievement of those high levels of trade that will bring to all the economic strength upon which the freedom and security of all depends. Those high levels of trade can be pro- moted by the specific measures with respect to trade barriers recom- mended in this message, by the greater flow of capital among nations of the free world, by convertibility of currencies, by an expanded interchange of technical counsel, and by an increase in international travel. From the military standpoint, our national strength has been augmented by the overall military'alliance of the nations constituting when its association is based on flourishing mutual trade as well as common ideals, interests, and aspirations. Mutually advantageous trade relationships are not only profitable, but they are also more binding and more enduring than costly grants and other forms of aid . advantageous trade and the flow of investment are preventing the 1 Department of State publication 5733; 1955. 1 FOREIGN ECONOMIC POLICIES 2949 barriers. The instrument of cooperation is the General Agreement on nations of the free world from achieving their full economic potential. International trade and investment are not making their full contribu- tion to production, employment, and income. Over a large area of the world currencies are not yet convertible. We and our friends abroad must together undertake the lowering of the unjustifiable barriers to trade and investment, and we must do it on a mutual basis so that the benefits may be shared by all. Such action will add strength to our own domestic economy and help assure a rising standard of living among our people by opening new markets for our farms and factories and mines. The program that I am here recommending is moderate, gradual, and reciprocal. Radical or sudden tariff reductions would not be to the interest of the United States and would not accomplish the goal we seek. A moderate program, however, can add immeasurably to the security and well-being of the United States and the rest of the free world. TRADE AGREEMENT AUTHORITY I request a 3-year extension of Presidential authority to negotiate tariff reductions with other nations on a gradual, selective, and recipro- cal basis. This authority would permit negotiations for reductions in those barriers that now limit the markets for our goods throughout the world. I shall ask all nations with whom we trade to take similar steps in their relations with each other. The 3-year extension of the Trade Agreements Act should authorize, subject to the present peril and escape clause provisions: 1. Reduction, through multilateral and reciprocal negotiations, of tariff rates on selected commodities by not more than 5 percent per 2. Reduction, through multilateral and reciprocal negotiations, of any tariff rates in excess of 50 percent to that level over a 3-year 3. Reduction, by not more than one-half over a 3-year period, of tariff rates in effect on January 1, 1945, on articles which are not now being imported or which are being imported only in negligible quan- For approximately 7 years the United States has cooperated with all the major trading nations of the free world in an effort to reduce trade sought to carry out the provisions and purpose of the Trade Agree- The United States and 33 other trading countries are now reviewing the provisions of the agreement for the purpose of making it a simpler and more effective instrument for the development of a sound system of world trade. When the current negotiations on the revision of the See the Trade Agreements Extension Act of 1955; infra, doc. 9. year for 3 years; period; and tities. THE GENERAL AGREEMENT ON TARIFFS AND TRADE ments Act. 2950 AMERICAN FOREIGN POLICY, 1950–1955 organizational provisions of the General Agreement are satisfactorily completed, the results will be submitted to the Congress for its approval.1 11 CUSTOMS ADMINISTRATION AND PROCEDURE Considerable progress has been made in freeing imports from un- necessary customs administrative burdens. Still more, however, needs to be done in the three areas I mentioned in my message last year: (1) the simplification of commodity definitions, classification ; and rate structures; (2) improvement in standards for the valuation of imports; and (3) further improvement of procedures for customs administration. An important step toward simplification of the tariff structure was taken by the Congress last year with the passage of the Customs Simplification Act, which directs the Tariff Commission to study the difficulties of commodity classification of imports. The interim report of the Tariff Commission to be made by next March 15 should help enable the Congress to determine whether further legislative steps should then be taken or should await submission of the final report. The uncertainties and confusion arising from the complex system of valuation on imported articles cause unwarranted delays in the determination of customs duties. I urge the Congress to give favor- able consideration to legislation 2 for remedying this situation. The improvement of customs administration requires continuous effort, as the Congress recognized by enacting the Customs Simplifi- cation Acts of 1953 and 1954. The Treasury Department in its annual report to the Congress will review the remaining reasons for delay or difficulty in processing imported articles through customs and will propose still further technical amendments to simplify cus- toms procedures. 1 UNITED STATES INVESTMENT ABROAD B ko t The whole free world needs capital; America is its largest source, In that light, the flow of capital abroad from our country must stimulated and in such a manner that it results in investment largely by individuals or private enterprises rather than by government , An increased flow of United States private investment funds abroad especially to the underdeveloped areas, could contribute much to the expansion of two-way international trade. The underdeveloped countries would thus be enabled more easily to acquire the capital equipment so badly needed by them to achieve sound economie growth and higher living standards. This would do much to offset the false but alluring promises of the Communists. To facilitate the investment of capital abroad, I recommend enact- ment of legislation providing for taxation of business income from foreign subsidiaries or branches at a rate 14 percentage points lower than the corporate rate on domestic income, and a deferral of tax op 1 See infra. * H. Res. 6040 passed the House of Representatives during the 84th Cong. 1st sess. Not enacted. A d ag Is 8. 8 FOREIGN ECONOMIC POLICIES 2951 84th Cong., 1st sess. An analysis of the articles is printed in H. Rept. No. 505, deposited with the International Bank on Dec. 5, 1955. For “Articles of Agree- as Approved for Submission to Governments, by the Executive Directors of the International Bank for Reconstruction and Development,” see H. Doc. No. 152, income of foreign branches until it is removed from the country where it is earned.1 I propose also to explore the further use of tax treaties with the pos- sible recognition of tax concessions made to foreign capital by other countries. Under proper safeguards, credit could be given for foreign income taxes which are waived for an initial limited period, as we now grant credit for taxes which are imposed. This would give maximum effectiveness to foreign tax laws designed to encourage new enterprises. As a further step to stimulate investment abroad, I recommend approval by the Congress at the appropriate time of membership in the proposed International Finance Corporation, which will be affiliated with the International Bank for Reconstruction and Develop- ment. This corporation will be designed to increase private invest- ment in less developed countries by making loans without Govern- ment guaranties. Although the corporation will not purchase stock, it will provide venture capital through investing in debentures and similar obligations. Its operation will cover a field not dealt with by an existing institution. The executive branch will continue through our diplomatic repre- sentatives abroad to encourage a climate favorable to the private enterprise concept in investment. We shall continue to seek other new ways to enlarge the outward It must be recognized, however, that when American private capital moves abroad, it properly expects to bring home its fair reward. This can only be accomplished in the last analysis by our willingness to purchase more goods and services from abroad in order to provide the dollars for these growing remittances. This fact is a further compelling reason for a fair and forward-looking trade policy on our part. TECHNICAL COOPERATION The United States has a vast store of practical and scientific know- how that is needed in the under-developed areas of the world. The United States has a responsibility to make it available. Its flow for peaceful purposes must remain unfettered. United States participation in technical cooperation programs should be carried forward. These programs should be concerned with know-how rather than large funds. In my budget message next week I shall recommend that the Congress make available the funds required to support the multilateral technical cooperation programs of the H. Res. 7725, not acted upon, 84th Cong., 1st sess. See International Finance Corporation Act (PL 350, 84th Cong., 1st sess., dug. 11, 1955; 69 Stat. 669). The United States instrument of acceptance was flow of capital. 84th Cong., 1st sess. 2952 AMERICAN FOREIGN POLICY, 1950–1955 2 TRADE FAIRS & The first fair in which the United States presented a central exhibit is that at Bangkok, which opened December 7, 1954. Adil our exhibit was awarded first prize. Over 100 American companies I shall ask the Congress for funds to continue this program.: Convertibility of currencies is required for the development of 8! steadily rising volume of world trade and investment. The achiere 1 See sec. 30b of the Mutual Security Act of 1954 as amended; infra, p. 3118. 3 No specific legislation was requested in 1955. The program was financat United Nations. The bilateral programs of the United States should be pressed vigorously. INTERNATIONAL TRAVEL The United States remains committed to the objective of freedom of travel throughout the world. Encouragement given to travel abroad is extremely important, both for its cultural and social impor- tance in the free world and for its economic benefits. Travel abroad by Americans provides an important source of dollars for many countries. The executive branch shall continue to look for ways of facilitating international travel and shall continue to cooperate with private travel agencies. One legislative action that would be beneficial in this field is the increase of the present duty-free allowances for tourists from $500 to $1,000 exercisable every 6 months. I recommend the passage of such legislation. International trade fairs have been of major importance to foreign countries for many years, and most of the trading nations have strengthened the promotional aspects of their industrial displays in many fairs with a central exhibit designed to emphasize the industrial progress and achievement of the nation. Soviet and satellite exhibits, for example, have been costly, wel planned, and housed in expensive structures designed to convey the impression that the U.S.S.R. is producing on a large scale for peace and is creating a paradise for workers. The United States, which has a larger volume of international trade than any other nation, until recently has been conspicuous by is absence at these trade fairs. American visitors and participants here pointed out the failure of their Government to tell adequately the ? story of our free enterprise system and to provide effective inter national trade promotion cooperation. As a result, I have undertaken an international trade fair program under the direction of the Department of Commerce. Since the inauguration of this program in August, participation has been author ized in 11 fairs to be held before June 30. Sixteen additional fais are being considered for exhibition purposes in the latter part of the year. f supplied items for inclusion in it. CONVERTIBILITY 2 Res. 1795, 84th Cong., 1st Not enacted. from the President's emergency funds. R C 8 V ប f 1 in FOREIGN ECONOMIC POLICIES 2953 the Agreement on the Organization for Trade Cooperation (Geneva, The Contracting Documents, vol. I (Revised), Texts of the General Agreement, as Amended, and of GATT was negotiated by 23 nations, signed at Geneva on Oct. 30, 1947, and, Parties to the General Agreement on Tariffs and Trade, April 1955), pp. 7-74. increased to 35 by the end of calendar year 1955. Rounds of multilateral tariff 1948 (see TIAS 1700; 61 Stat., pts. 5 and 6). Adherents to the agreement had esment of convertibility has not been possible in the postwar period due to dislocations caused by the war, inflation, and other domestic economic difficulties in many countries, which have contributed to an imbalance in international trade and payments. However, steady progress, particularly by Western European countries, is being made ed toward our mutual objective of restoring currency convertibility. The foreign economic program proposed here will make an important o contribution to the achievement of convertibility. AGRICULTURE of th No single group within America has a greater stake in a healthy and expanding foreign trade than the farmers. One-fourth to one-third of some major crops, such as wheat, cotton, and tobacco, must find to markets abroad in order to maintain farm income at high levels. If they are to be successful, programs designed to promote the prosperity of agriculture should be consistent with our foreign eco- nomic program. We must take due account of the effect of any agricultural 191 program on our foreign economic relations to assure that it contributes to the development of healthy, expanding foreign eve markets over the years. 0 Fjal CONCLUSION The series of recommendations I have just made are all components of an integrated program, pointing in a single direction. Each con- the tributes to the whole. Each advances our national security by 2. bringing added strength and self-sufficiency to our allies. Each contributes to our economic growth and a rising standard of living ade among our people. its cv ITO jer the | 7. GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT): Text of October 30, 1947, as Amended at the Ninth Session of the Contracting Parties, March 10, 1955 1 the PART I OP- Article I the ! Objectives 1. The contracting parties recognize that their relations in the field of trade and economie endeavour should be conducted with a view to raising standards of living, ensuring full employment and a General Agreement on Tariffs and Trade: Basic Instruments and Selected re ned ore for the United States and seven pother important trading nations on Jan. 1, 2954 AMERICAN FOREIGN POLICY, 1950-1955 large and steadily growing volume of real income and effective demand, developing the full use of the resources of the world and expanding the production and exchange of goods, and promoting the progressive development of the economies of all the contracting parties. 2. The contracting parties desire to contribute to these objectives through this Agreement by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction tariffs and other barriers to trade and to the elimination of dis- criminatory treatment in international commerce. d 8 ADA P Article II 1 General Most-Favoured-Nation Treatment 1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports , and with respect to the method of levying such duties and charges , and with respect to all rules and formalities in connection with importation and exportation, and with respect to the application of internal taxes to exported goods, and with respect to all matters referred to in paragraphs 2 and 4 of Article IV, any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties. 2. The provisions of paragraph 1 of this Article shall not require the elimination of any preferences in respect of import duties on charges which do not exceed the levels provided for in paragraph 4 of this Article and which fall within the following descriptions (a) preferences in force exclusively between two or more of the territories listed in Annex A, subject to the conditions set forth therein; (6) preferences in force exclusively between two or more territories which on 1 July 1939, were connected by common sovereignty or relations of protection or suzerainty and which are listed in Annexes B, C and D, subject to the conditions set forth therein ; (c) preferences in force exclusively between the United States of America and the Republic of Cuba; negotiations took place at Annecy, France, in 1949, and at Torquay, England, in 1950-1951. Still another negotiating session opened at Geneva on Jan. 18, 1966 By 1953, it became apparent that the General Agreement, particularly its organizational provisions, needed revision. The Ninth Session of the Contracting Parties at Geneva, Oct. 28, 1954-Mar. 7, 1955, reviewed the document and proposed certain changes , which are incorporated in the text cited above and prepared an Agreement on the Organization for Trade Cooperation (infra GATT. The amendments to GATT were accepted by the United States.com Mar. 21, 1955. The Agreement on OTC is still before Congress (June 15, 1956 ) Meanwhile, GATT continues to operate under provisionai-arrangements. (See H. Rept. 2007, 84th Cong., 2d sess.). FOREIGN ECONOMIC POLICIES 2955 sanne; 23 League of Nations Treaty Series 115. d. ng TO ly of (d) preferences in force exclusively between neighbouring countries listed in Annex E. 3. The provisions of paragraph 1 shall not apply to preferences between the countries formerly a part of the Ottoman Empire and detached from it on 24 July 1923; Provided that such preferences are approved under paragraph 5 of Article XXV. 4. The margin of preference on any product in respect of which a preference is permitted under paragraph 2 of this Article but is not špecifically set forth as a maximum margin of preference in the appro- priate Schedule 2 annexed to this Agreement shall not exceed: (a) in respect of duties or charges on any product described in such Schedule, the difference between the most-favoured-nation and preferential rates provided for therein; if no preferential rate is provided for, the preferential rate shall for the purposes of this paragraph be taken to be that in force on 10 April 1947, and, if no most-favoured-nation rate is provided for, the margin shall not exceed the difference between the most-favoured-nation and preferential rates existing on 10 April 1947; (b) in respect of duties or charges on any product not described in the appropriate Schedule, the difference between the most- favoured-nation and preferential rates existing on 10 April 1947. In the case of the contracting parties named in Annex F, the date of 10 April 1947, referred to in sub-paragraphs (a) and (b) of this para- graph shall be replaced by the respective dates set forth in that Annex. ed 18 ch ch al 1 DI g Y OT DI 4 Article III LO h -S I Schedules of Concessions 1. (a) Each contracting party shall accord to the commerce of the other contracting parties treatment no less favourable than that provided for in the appropriate Part of the appropriate Schedule annexed to this Agreement. (6) The products described in Part I of the Schedule relating to ang contracting party, which are the products of territories of other contracting parties, shall, on their importation into the territory to which the Schedule relates, and subject to the terms, conditions or qualifications set forth in that Schedule, be exempt from ordinary customs duties in excess of those set forth and provided for therein. Such products shall also be exempt from all other duties or charges of any kind imposed on or in connection with importation, including charges of any kind imposed on the international transfer of pay- ments for imports, in excess of those imposed on the date of this Agreement or those directly and mandatorily required to be imposed thereafter by legislation in force in the importing territory on that 1 The treaty of peace between the Allied Powers and Turkey, signed at Lau- * Schedules not reprinted. 2956 AMERICAN FOREIGN POLICY, 1950–1955 oth Car SO tw SU W1 rel HT tap cu by 1S by an red (b ad in &C Or concession provided for in the appropriate Schedule annexed to (c) The products described in Part II of the Schedule relating to any contracting party which are the products of territories entitled under Article II to receive preferential treatment upon importation into the territory to which the Schedule relates shall, on their importation into such territory, and subject to the terms, conditions or qualifications set forth in that Schedule, be exempt from ordinary customs duties in excess of those set forth and provided for in Part II of that Schedule . Such products shall also be exempt from all other duties or charges of any kind imposed on or in connection with importation, including charges of any kind imposed on the international transfer of payments for imports, in excess of those imposed on the date of this Agreement or those directly and mandatorily required to be imposed thereafter by legislation in force in the importing territory on that date. Nothing in this Article shall prevent any contracting party from maintaining its requirements existing on the date of this Agreement as to the eligibility of goods for entry at preferential rates of duty. 2. Nothing in this Article shall prevent any contracting party from imposing at any time on the importation of any product: (a) a charge equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of Article IV in respect of the like domestic product or in respect of an article from which the imported product has been manufactured or produced in whole or in part; (6) any anti-dumping or countervailing duty applied consistently with the provisions of Article VI; (c) fees or other charges commensurate with the cost of services rendered, 3. No contracting party shall alter its method of determining dutiable value or of converting currencies so as to impair the value of any of the concessions provided for in the appropriate Schedule annexed to this Agreement. 4. If any contracting party establishes, maintains or authorizes, formally or in effect, a monopoly of the importation of any product described in the appropriate Schedule annexed to this Agreement , such monopoly shall not, except as provided for in that Schedule or as otherwise agreed between the parties which initially negotiated the concession, operate so as to afford protection on the average in excess of the amount of protection provided for in that Schedule . The provisions of this paragraph shall not limit the use by contracting parties of any form of assistance to domestic producers permitted by other provisions of this Agreement. 5. If any contracting party considers that a product is not re- ceiving from another contracting party the treatment which the first contracting party believes to have been contemplated by other contracting party. If the latter agrees that the treatment contemplated was that claimed by the first contracting party, but declares that such treatment cannot be accorded because à court or m pa ang ani ot th 此​比​拉比​初 ​w SC t 11 di Q this SE FOREIGN ECONOMIC POLICIES 2957 See A Decade of American Foreign Policy, pp. 273–304. 3 Schedules not reprinted here. other proper authority has ruled to the effect that the product involved cannot be classified under the tariff laws of such contracting party so as to permit the treatment contemplated in this Agreement, the two contracting parties, together with any other contracting parties substantially interested, shall enter promptly into further negotiations with a view to a compensatory adjustment of the matter. 6. (a) The specific duties and charges included in the Schedules relating to contracting parties members of the International Monetary Fund,' and margins of preference in specific duties and charges main- tained by such contracting parties, are expressed in the appropriate currency at the par value accepted or at the rate of exchange recognized by the Fund at the date of this Agreement. Accordingly, in case the par value accepted or the rate of exchange recognized by the Fund is reduced consistently with the Articles of Agreement of the Fund by more than twenty per centum, such specific duties and charges and margins of preference may be adjusted to take account of such reduction; Provided that the Organization for Trade Cooperation (hereinafter referred to as "the Organization") concurs that such adjustments will not impair the value of the concessions provided for in the appropriate Schedule or elsewhere in this Agreement, due account being taken of all factors which may influence the need for, or urgency of, such adjustments. (6) Similar provisions shall apply to any contracting party not a member of the Fund, as from the date on which such contracting party becomes a member of the Fund or enters into a special exchange agreement in pursuance of Article XV. 7. The Schedules 3 annexed to this Agreement are hereby made an integral part of Part I of this Agreement. 2 PART II Article IV National Treatment on Internal Taxation and Regulation 1. The contracting parties recognize that internal taxes and other internal charges, and laws, regulations and requirements affecting the internal sale, offering for sale, purchase, transportation, distribu- tion or use of products, and internal quantitative regulations requiring the mixture, processing or use of products in specified amounts or proportions, should not be applied to imported or domestic products so as to afford protection to domestic production. 2. The products of the territory of any contracting party imported into the territory of any other contracting party shall not be subject, or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic For Articles of Agreement of the International Monetary Fund, July 22, 1944, directly 2958 AMERICAN FOREIGN POLICY, 1950–1955 $ PAT 1 par par men subsidies exclusively to domestic producers, including payments to products. Moreover, no contracting party shall otherwise apply in- ternal taxes or other internal charges to imported or domestic products pro in a manner contrary to the principles set forth in paragraph 1. 3. With respect to any existing internal tax which is inconsistent with the provisions of paragraph 2, but which is specifically authorized this under a trade agreement, in force on 10 April 1947, in which the par import duty on the taxed product is bound against increase, the con- tracting party imposing the tax shall be free to postpone the applica- tion of the provisions of paragraph 2 to such tax until such time as pre it can obtain release from the obligations of such trade agreement in order to permit the increase of such duty to the extent necessary to compensate for the elimination of the protective element of the tax. tion 4. The products of the territory of any contracting party imported a into the territory of any other contracting party shall be accorded for treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering foi sale, purchase, transportation , distribution or use. The provisions of this paragraph shall not prevent the application of differential internal transportation charges which are based exclusively on the economic operation of the means of transport and not on the nationality of the product. 5. No contracting party shall establish or maintain any internal quantitative regulation relating to the mixture, processing or use of products in specified amounts or proportions which requires , directly or indirectly, that any specified amount or proportion of any product which is the subject of the regulation must be supplied from domestic sources. Moreover, no contracting party shall otherwise apply internal quantitative regulations in a manner contrary to the principles set forth in paragraph 1. 6. The provisions of paragraph 5 shall not apply to any internal quantitative regulation in force in the territory of any contracting party on 1 July 1939, 10 April 1947, or 24 March 1948, at the option of that contracting party; Provided that any such regulation which is contrary to the provisions of paragraph 5 shall not be modified to the detriment of imports and shall be treated as a customs duty for the purpose of negotiation. 7. No internal quantitative regulation relating to the mixture, processing or use of products in specified amounts or proportions shall be applied in such a manner as to allocate any such amount or pro- portion among external sources of supply. 8. (a) The provisions of this Article shall not apply to laws, regu lations or requirements governing the procurement by governmental agencies of products purchased for governmental purposes with a view to commercial resale or with a view to use in the produc- tion of goods for commercial sale. (6) The provisions of this Article shall not prevent the payment of domestic producers derived from the proceeds of internal taxes of charges applied consistently with the provisions of this Article and t and not CO] Wi thi FOREIGN ECONOMIC POLICIES 2959 3 products. ) 1 ) } whose territory the traffic passes. Traffic of this nature is termed in this Article "traffic in transit”. subsidies effected through governmental purchases of domestic 9. The contracting parties recognize that internal maximum price t control measures, even though conforming to the other provisions of 1 this Article, can have effects prejudicial to the interests of contracting parties supplying imported products. Accordingly, contracting parties applying such measures shall take account of the interests of exporting contracting parties with a view to avoiding to the fullest z practicable extent such prejudicial effects. 10. The provisions of this Article shall not prevent any contracting perty from establishing or maintaining internal quantitative regula- tions relating to exposed cinematograph films. If any contracting party establishes or maintains such regulations they shall take the i form of screen quotas which shall conform to the following require- ments: (6) screen quotas may require the exhibition of cinematograph films of national origin during a specified minimum proportion of the total screen time actually utilized, over a specified period of not less than one year, in the commercial exhibition of all films of whatever origin, and shall be computed on the basis of screen time per theatre per year or the equivalent thereof; 6) with the exception of screen time reserved for films of national e origin under a screen quota, screen time including that released by administrative action from screen time reserved for films of national origin, shall not be allocated formally or in effect e among sources of supply; (c) notwithstanding the provisions of sub-paragraph (6) of this paragraph, any contracting party may maintain screen quotas 1 conforming to the requirements of sub-paragraph (a) of this paragraph which reserve a minimum proportion of screen time for films of a specified origin other than that of the contracting party imposing such screen quotas; Provided that no such mini mum proportion of screen time shall be increased above the level in effect on 10 April 1947; (2) screen quotas shall be subject to negotiation for their limitation, liberalization or elimination. Article V Freedom of Transit 1. Goods (including baggage), and also vessels and other means of transport, shall be deemed to be in transit across the territory of a contracting party when the passage across such territory, with or without trans-shipment, warehousing, breaking bulk, or change in the F mode of transport, is only a portion of a complete journey beginning and terminating beyond the frontier of the contracting party across 2. There shall be freedom of transit through the territory of each 1 2 e - 2960 AMERICAN FOREIGN POLICY, 1950-1955 the diff 1. The contracting parties recognize that dumping, by which industry in the territory of a contracting party or materially retaras Article, a product is to be considered as being introduced into the contracting party, via the routes most convenient for international com transit, for traffic in transit to or from the territory of other contract- ing parties. No distinction shall be made which is based on the flag of G vessels, the place of origin, departure, entry, exit or destination, or on any circumstances relating to the ownership of goods, of vessels or of other means of transport. 3. Any contracting party may require that traffic in transit through its territory be entered at the proper custom house, but, except in cases of failure to comply with applicable customs laws and regulations, such traffic coming from or going to the territory of other contracting parties shall not be subject to any unnecessary delays or restrictions and shall be exempt from customs duties and from all transit duties or other charges imposed in respect of transit , I except charges for transportation or those commensurate with admin tion istrative expenses entailed by transit or with the cost of services | if rendered. 2 4. All charges and regulations imposed by contracting parties ma on traffic in transit to or from the territories of other contracting in parties shall be reasonable, having regard to the conditions of the For traffic. 3 5. With respect to all charges, regulations and formalities in connection with transit, each contracting party shall accord to traffic team in transit to or from the territory of any other contracting party no treatment no less favourable than the treatment accorded to traffic ma in transit to or from any third country. 6. Each contracting party shall accord to products which have pro been in transit through the territory of any other contracting party sub treatment no less favourable than that which would have been "co accorded to such products had they been transported from their sevi place of origin to their destination without going through the territory din of such other contracting party. Any contracting party shal, of however, be free to maintain its requirements of direct consignment existing on the date of this Agreement, in respect of any goods into regard to which such direct consignment is a requisite condition of sat eligibility for entry of the goods at preferential rates of duty or has of relation to the contracting party's prescribed method of valuation des by for duty purposes. 7. The provisions of this Article shall not apply to the operation of aircraft'in transit, but shall apply to air transit of goods (including baggage). Article VI Anti-dumping and Countervailing Duties of duz th) as country at less than the normal value of the products, is to be como demned if it causes or threatens material injury to an Pa to the establishment of a domestic industry. For the Or int bo sar 001 wa of this FOREIGN ECONOMIC POLICIES 2961 it he 11 into the territory of any other contracting party shall be subject to countervailing duty on the importation of any product of the territory of another contracting party unless it determines that the effect of the I threaten material injury to an established domestic industry, or is such to levy an anti-dumping or countervailing duty on the importation paragraph (a) of this paragraph so as to permit a contracting party al commerce of an importing country at less than its normal value, if the price of the product exported from one country to another ito of () is less than the comparable price, in the ordinary course of Di trade, for the like product when destined for consumption of in the exporting country, or, () in the absence of such domestic price, is less than either it (i) the highest comparable price for the like product for it , export to any third country in the ordinary course of trade, or гу (ii) the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit. id it, Due allowance shall be made in each case for differences in condi- Btions and terms of sale, for differences in taxation, and for other es differences affecting price comparability. 2. In order to offset or prevent dumping, a contracting party es may levy on any dumped product an anti-dumping duty not greater ng in amount than the margin of dumping in respect of such product. For the purposes of this Article, the margin of dumping is the price difference determined in accordance with the provisions of paragraph 1. 3. No countervailing duty shall be levied on any product of the lc territory of any contracting party imported into the territory of ty another contracting party in excess of an amount equal to the esti- fic mated bounty or subsidy determined to have been granted, directly er indirectly, on the manufacture, production or export of such we product in the country of origin or exportation, including any special ty subsidy to the transportation of a particular product. The term encountervailing duty shall be understood to mean a special duty levied for the purpose of offsetting any bounty or subsidy bestowed, directly or indirectly, upon the manufacture, production or export of any merchandise. 4. No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to of sati-dumping or countervailing duty by reason of the exemption as of such product from duties or taxes borne by the like product when op destined for consumption in the country of origin or exportation, or by reason of the refund of such duties or taxes. 3. No product of the territory of any contracting party imported both anti-dumping and countervailing duties to compensate for the same situation of dumping or export subsidization. 6. (a) No contracting party shall levy any anti-dumping or ch or subsidization, as the case may be, is such as to cause or () The Organization may waive the requirement of sub- el at En OD dumping 1. . As 28 415900_-57-Vol. 2 -83 2962 AMERICAN FOREIGN POLICY, 1950–1955 17 Or SU COE to 1 un 10 0 SUC 1. The contracting parties recognize the validity of the general importation and exportation based upon or regulated in any manner Moreover, they shall, upon a request by another con- tracting party, review the operation of any of their laws or regulations relating to value for customs purposes in the light of these principles The Organization may request from contracting parties reports o steps taken by them in pursuance of the provisions of this Article 2. (a) The value for customs purposes of imported merchandise should be based on the actual value of the imported merchandise on of any product for the purpose of offsetting dumping or subsidization which causes or threatens material injury to an industry in the ba territory of another contracting party exporting the product concerned to the territory of the importing contracting party. The Organization shall waive the requirements of sub-paragraph (a) of this paragraph , ple so as to permit the levying of a countervailing duty, in cases in which they find that a subsidy is causing or threatening material injury to an industry in the territory of another contracting party exporting the product concerned to the territory of the importing contracting party . qu (c) In exceptional circumstances, however, where delay might cause damage which would be difficult to repair, a contracting party sit may levy a countervailing duty for the purpose referred to in sub- paragraph (6) of this paragraph without the prior approval of the Organization; Provided that such action shall be reported immediately to the Organization and that the countervailing duty shall be with- wit drawn promptly if the Organization disapproves. PW 7. A system for the stabilization of the domestic price or of the return to domestic producers of a primary commodity, independently of the movements of export prices, whicħ results at times in the sale sha of the commodity for export at a price lower than the comparable price charged for the like commodity to buyers in the domestic bee market, shall be presumed not to result in material injury within the meaning of paragraph 6 if it is determined by consultation among wh the contracting parties substantially interested in the commodity for concerned that: (a) the system has also resulted in the sale of the commodity forf for export at a price higher than the comparable price charged for the like commodity to buyers in the domestic market, and i (6) the system is so operated, either because of the effective rega : lation of production, or otherwise, as not to stimulate exports et unduly or otherwise seriously prejudice the interests of other contracting parties. Article VII Valuation for Customs Purposes Article, and they undertake to give effect to such principles, in respect of all products subject to duties or other charges or restrictions of by the exp on reco rate the be Tary trac rate Agri part the juse I any CUIT Arti forel le cont custe FOREIGN ECONOMIC POLICIES 2963 0 ani Agreement of the International Monetary Fund. currency, rules of conversion for the purposes of paragraph 2 of this Article which are designed to reflect effectively the value of such poreign currency in commercial transactions. (1) Nothing in this paragraph shall be construed to require any contracting party to alter the method of converting currencies for Jcustoms purposes which is applicable in its territory on the date of tion which duty is assessed, or of like merchandise, and should not be the based on the value of merchandise of national origin or on arbitrary rned or fictitious values. tion (6) "Actual value” should be the price at which, at a time and aph, place determined by the legislation of the country of importation, hich such or like merchandise is sold or offered for sale in the ordinary course of trade under fully competitive conditions. To the extent the to which the price of such or like merchandise is governed by the Ity , quantity in a particular transaction, the price to be considered should ngat uniformly be related to either (i) comparable quantities, or (ii) quan- any sities not less favourable to importers than those in which the greater sub volume of the merchandise is sold in the trade between the countries the of exportation and importation. tely (2) When the actual value is not ascertainable in accordance ith- with sub-paragraph (6) of this paragraph, the value for customs purposes should be based on the nearest ascertainable equivalent of such value. ntly sale 3. The value for customs purposes of any imported product she should not include the amount of any internal tax, applicable within able stic the country of origin or export, from which the imported product has been exempted or has been or will be relieved by means of refund. the 4. (a) Except as otherwise provided for in this paragraph, one shere it is necessary for the purposes of paragraph 2 of this Article dity for a contracting party to convert into its own currency a price expressed in the currency of another country, the conversion rate City of exchange to be used shall be based, for each currency involved, ged on the par value as established pursuant to the Articles of Agreement of the International Monetary Fund or on the rate of exchange recognized by the Fund, or on the par value established in accordance & special exchange agreement entered into pursuant to Article her ) Where no such established par value and no such recognized rate of exchange exist, the conversion rate shall reflect effectively the current value of such currency in commercial transactions. (aThe Organization, in agreement with the International Mone- Mary Fund, shall formulate rules governing the conversion by con- tracting parties of any foreign currency in respect of which multiple pates of exchange are maintained consistently with the Articles of perty may apply such rules in respect of such foreign currencies for paragraph 2 of this Article as an alternative to the par values. Until such rules are adopted by the Organization, y contracting party may employ, in respect of any such foreign and gu- orts XV of this Agreement. ral his ect OD the purposes of 041 luse DD" INS les 184 01 18 IN reg minor breaches of customs regulations or procedural requirements customs documentation which is easily rectifiable and obviously req made without fraudulent intent or gross negligence shall be greates par formalities and requirements imposed by governmental authorities in connection with importation and exportation, including those (a) consular transactions, such as consular invoices and certificate 2964 AMERICAN FOREIGN POLICY, 1950–1955 this Agreement, if such alteration would have the effect of increasing generally the amounts of duty payable. 5. The bases and methods for determining the value of produek subject to duties or other charges or restrictions based upon or regu . lated in any manner by value should be stable and should be given to sufficient publicity to enable traders to estimate, with a reasonable re degree of certainty, the value for customs purposes. pr Article VIII Fees and Formalities connected with Importation and Exportation in 1. (a) All fees and charges of whatever character (other the fra import and export duties and other than taxes within the purview of Article IV) imposed by contracting parties on or in connection wit importation or exportation shall be limited in amount to the approa: pa tin mate cost of services rendered and shall not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes. (6) The contracting parties recognize the need for reducing the w number and diversity of fees and charges referred to in subparagrapi (a). by (c) The contracting parties also recognize the need for minimizi the incidence and complexity of import and export formalities and find me decreasing and simplifying import and export documentation requin has ments. 2. A contracting party shall, upon request by another contracting wit vie party or by the Organization, review the operation of its laws an regulations in the light of the provisions of this article. 3. No contracting party shall impose substantial penalties of { pre than necessary to serve merely as a warning. 4. The provisions of this article shall extend to fees, charges cat. relating to: ma VA. rep ting trai VAL 1 of { tair pur (6) quantitative restrictions; (c) licensing; (d) exchange control; le) statistical services; (f) documents, documentation and certification; (9) analysis and inspection; and quarantine, sanitation and fumigation. mei trai trai essi per thei FOREIGN ECONOMIC POLICIES 2965 ducts porti Tape Izing Article IX asing Marks of Origin Tegu 1. Each contracting party shall accord to the products of the terri- giva tories of other contracting parties treatment with regard to marking meble requirements no less favourable than the treatment accorded to like products of any third country. 2. The contracting parties recognize that, in adopting and enforcing laws and regulations relating to marks of origin, the difficulties and inconveniences which such measures may cause to the commerce and Din industry of exporting countries should be reduced to a minimum, due than regard being had to the necessity of protecting consumers against end fraudulent or misleading indications. 3. Whenever it is administratively practicable to do so, contracting pronti parties should permit required marks of origin to be affixed at the Tired time of importation. 4. The laws and regulations of contracting parties relating to the marking of imported products shall be such as to permit compliance the without seriously damaging the products, or materially reducing their value, or unreasonably increasing their cost. 5. As a general rule, no special duty or penalty should be imposed by any contracting party for failure to comply with marking require- di ments prior to importation unless corrective marking is unreasonably delayed or deceptive marks have been affixed or the required marking has been intentionally omitted. cting 6. The contracting parties shall co-operate with each other with a view to preventing the use of trade names in such manner as to mis- represent the true origin of a product, to the detriment of such dis- 8 liq tinctive regional or geographical names of products of the territory of a contracting party as are protected by its legislation. Each con- tracting party shall accord full and sympathetic consideration to such pusly requests or representations as may be made by any other contracting stej party regarding the application of the undertaking set forth in the preceding sentence to names of products which have been communi- cated to it by the other contracting party. Article X Publication and Administration of Trade Regulations 1. Laws, regulations, judicial decisions and administrative rulings of general application, made effective by any contracting party, per- faining to the classification or the valuation of products for customs purposes, or to rates of duty, taxes or other charges, or to require- ments, restrictions or prohibitions on imports or exports or on the transfer of payments therefor, or affecting their sale, distribution, transportation, insurance, warehousing, inspection, exhibition, proc- sing , mixing or other vse, shall be published promptly in such a man- her as to enable governments and traders to become acquainted with them. Agreements affecting international trade policy which are in an ents a TOOS Citzen hosen 2966 AMERICAN FOREIGN POLICY, 1950–1955 ! Any contracting party employing such procedures shall, upon request , che No prohibitions or restrictions other than duties, taxes or other licenses or other measures, shall be instituted or maintained by any charges, whether made effective through quotas, import or export/ of any other contracting party or on the exportation or sale for expor contracting party on the importation of any product of the territory force between the government or a governmental agency of any cou o tracting party and the government or governmental agency of app other contracting party shall also be published. The provisions this paragraph shall not require any contracting party to disclose to confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public a private. 2. No measure of general application taken by any contracting party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports , er on the transfer of payments therefor, shall be enforced before such measure has been officially published. 3. (a) Each contracting party shall administer in a uniform, in partial and reasonable manner all its laws, regulations, decisions and rulings of the kind described in paragraph 1 of this Article . (6) Each contracting party shall maintain, or institute as soon as practicable, judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review and correction of a ministrative action relating to customs matters. Such tribunals procedures shall be independent of the agencies entrusted with all ministrative enforcement and their decisions shall be implemented by and shall govern the practice of, such agencies unless an appeal. lodged with a court or tribunal' of superior jurisdiction within the time prescribed for appeals to be lodged by importers; Provided that the central administration of such agency may take steps to obtain review of the matter in another proceeding if there is good cause in believe that the decision is inconsistent with established principles of law or the actual facts. (c) The provisions of sub-paragraph (6) of this paragraph shall ni require the elimination or substitution of procedures in force in the territory of a contracting party on the date of this Agreement which in fact provide for an objective and impartial review of administrative action even though such procedures are not fully or formally inde pendent of the agencies entrusted with administrative enforcement they may determine whether such procedures conform to the require ments of this sub-paragraph. Article XI General Elimination of Quantitative Restrictions an gTV pro tw the du Wh 1 any FOREIGN ECONOMIC POLICIES 2967 S a 201 ore OM uch and ] AS lies 8d 301 the contracting party shall pay due regard to the proportion prevailing during a previous representative period and to any special factors which may have affected or may be affecting the trade in the product 1. Notwithstanding the provisions of paragraph 1 of Article XI, COD of any product destined for the territory of any other contracting any party. 2. The provisions of paragraph 1 of this Article shall not extend 20 to the following: OT the (a) Export prohibitions or restrictions temporarily applied to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting contracting party; ting (6) Import and export prohibitions or restrictions necessary to orts the application of standards or regulations for the classifica- tion, grading or marketing of commodities in international trade; (C) Import restrictions on any agricultural or fisheries product, imported in any form, necessary to the enforcement of im- governmental measures which operate: (i) to restrict the quantities of the like domestic product permitted to be marketed or produced, or, if there is no substantial domestic production of the like product, of a domestic product for which the imported product can be directly substituted; or (ii) to remove a temporary surplus of the like domestic prod- al uct, or, if there is no substantial domestic production of the like product, of a domestic product for which the imported product can be directly substituted, by making the the surplus available to certain groups of domestic con- sumers free of charge or at prices below the current market (iii) to restrict the quantities permitted to be produced of any animal product the production of which is directly dependent, wholly or mainly, on the imported commodity, if the domestic production of that commodity is relatively negligible. Any contracting party applying restrictions on the importation of any product pursuant to sub-paragraph (c) of this paragraph shall give public notice of the total quantity or value of the product per- mitted to be imported during a specified future period and of any change in such quantity or value. Moreover, any restrictions applied bis under (i) above shall not be such as will reduce the total of imports te relative to the total of domestic production, as compared with the proportion which might reasonably be expected to rule between the two in the absence of restrictions. In determining this proportion, Article XII ma Restrictions to Safeguard the Balance of Payments that 8 e to level; or sall not the UCI ITE de concerned. je ort IT 011 any contracting party, in order to safeguard its external financial 2968 AMERICAN FOREIGN POLICY, 1950--1955 r 11 S in m CI SO P: а 0 re B (ii) not to apply restrictions so as to prevent unreasonably the importation of any description of goods in minimum commer cial quantities the exclusion of which would impair regular (iii) not to apply restrictions which would prevent the importa- / W. tion of commercial samples or prevent compliance with (d) The contracting parties recognize that, as a result of domestic and productive employment or towards the development of economie policies directed towards the achievement and maintenance of fiul resources, a contracting party may experience a high level of demand for imports involving a threat to its monetary reserves of the sort position and its balance of payments, may restrict the quantity or value of merchandise permitted to be imported, subject to the pro- visions of the following paragraphs of this Article. 2. (a) Import restrictions instituted, maintained or intensified by a contracting party under this Article shall not exceed those necessary: (i) to forestall the imminent threat of, or to stop, a serious decline in its monetary reserves, or (ii) in the case of a contracting party with very low monetary reserves, to achieve a reasonable rate of increase in its reserves . Due regard shall be paid in either case to any special factors which may be affecting the reserves of such contracting party or its need for reserves, including, where special external credits or other resources are available to it, the need to provide for the appropriate use of such credits or resources. (6) Contracting parties applying restrictions under sub-paragraph re (a) of this paragraph shall progressively relax them as such conditions improve, maintaining them only to the extent that the conditions 0 specified in that sub-paragraph still justify their application. They shall eliminate the restrictions when conditions would no longer justily un their institution or maintenance under that sub-paragraph, 3. (a) Contracting parties undertake, in carrying out their domestic policies, *to pay due regard to the need for maintaining or restoring equilibrium in their balance of payments on a sound and lasting basis th and to the desirability of avoiding an uneconomic employment a productive resources. They recognize that in order to achieve these de ends, it is desirable so far as possible to adopt measures which expanding rather than contract international trade. (6) Contracting parties applying restrictions under this Article of may determine the incidence of the restrictions on imports of different is products or classes of products in such a way as to give priority to the de importation of those products which are more essential. (c) Contracting parties applying restrictions under this Article undertake: by (i) to avoid unnecessary damage to the commercial or eco- nomic interests of any other contracting party; channels of trade; and patent, trade mark, copyright, or similar procedures. th 0 re W PE PE re те W: to is vi CO FOREIGN ECONOMIC POLICIES 2969 contracting parties concerned have not been successful. - se or ne ry S. AS Organization has ascertained that direct discussions between the referred to in paragraph 2 (a) of this Article. Accordingly, a con- or tracting party otherwise complying with the provisions of this Article no shall not be required to withdraw or modify restrictions on the ground that a change in those policies would render unnecessary restrictions ed, which it is applying under this Article. 4. (a) Any contracting party applying new restrictions raising the general level of its existing restrictions by a substantial intensification of the measures applied under this Article shall im- mediately after instituting or intensifying such restrictions (or, in circumstances in which prior consultation is practicable, before doing so) consult with the Organization as to the nature of its balance of payments difficulties, alternative corrective measures which may be ch available, and the possible effect of the restrictions on the economies ed of other contracting parties. b) On a date to be determined by it, the Organization shall ch review all restrictions still applied under this Article on that date. Beginning one year after that date contracting parties applying import ob restrictions under this Article shall enter into consultations of the ns type provided for in sub-paragraph (a) of this paragraph with the ns Organization annually. BV (C) (i) If, in the course of consultations, with a contracting party under sub-paragraph (a) or (6) above, the Organization finds that the restrictions are not consistent with the provisions of this Article or de with those of Article XIII (subject to the provisions of Article XIV), it shall indicate the nature of the inconsistency and may advise that is the restrictions be suitably modified. of (ü) If, however, as a result of the consultations, the Organization se determines that the restrictions are being applied in a manner in- and volving an inconsistency of a serious nature with the provisions of this Article or with those of Article XIII (subject to the provisions le of Article XIV) and that damage to the trade of any contracting party nt is caused or threatened thereby, it shall so inform the contracting de party applying the restrictions and shall make appropriate recommen- dations for securing conformity with such provisions within a specified e period of time. If such contracting party does not comply with these recommendations within the specified period, the Organization may release any contracting party the trade of which is adversely affected by the restrictions from such obligations under this Agreement to- wards the contracting party applying the restrictions as it determines to be appropriate in the circumstances. (d) The Organization shall invite any contracting party which is applying restrictions under this Article to enter into consultations with it at the request of any contracting party which can establish a prima facie case that the restrictions are inconsistent with the pro- visions of this Article or with those of Article XIII (subject to the provisions of Article XIV) and that its trade is adversely affected 1 thereby. However, no such invitation shall be issued unless the ng D- T. 1 C 1 If, as a 2970 AMERICAN FOREIGN POLICY, 1950-1955 importation of the like product of all third countries or the exportation parties shall aim at a distribution of trade in such product approaching 2. In applying import restrictions to any product, contracting as closely as possible the shares which the various contracting parties (a) Wherever practicable, quotas representing the total amount of permitted imports (whether allocated among supplying COL countries or not) shall be fixed, and notice given of their ent (6) In cases in which quotas are not practicable, the restrictions suc amount in accordance with paragraph 3 (6) of this Article; may be applied by means of import licences or permits without gre result of the consultations with the Organization, no agreement reached and it determines that the restrictions are being apolied inconsistently with such provisions, and that damage to the trade of the contracting party initiating the procedure is caused or threatened thereby, it shall recommend the withdrawal or modification of the restrictions. If the restrictions are not withdrawn or modified within such time as the Organization may proscribe, it may release the con- tracting party initiating the procedure from such obligations under this Agreement towards the contracting party applying the restric . tions as it determines to be appropriate in the circumstances. (e) In proceeding under this paragraph, the Organization shall have due regard to any special external factors adversely affecting the ex- port trade of the contracting party applying restrictions. (f) Determinations under this paragraph shall be rendered ex- peditiously and, if possible, within sixty days of the initiation of the consultations. 5. If there is a persistent and widespread application of import restrictions under this Article, indicating the existence of a general disequilibrium which is restricting international trade, the Organiza- tion shall initiate discussions to consider whether other measures might be taken, either by those contracting parties the balances of payments of which are under pressure or by those the balances of payments of which are tending to be exceptionally favourable, or by any appropriate intergovernmental organization, to remove the underlying causes of the disequilibrium. On the invitation of the Organization, contracting parties shall participate in such discussions. Article XIII Non-discriminatory Administration of Quantitative Restrictions 1. No prohibition or restriction shall be applied by any com; tracting party on the importation of any product of the territory of destined for the territory of any other contracting party, unless to any other contracting party or on the exportation of any produk of the like product to all third countries is similarly prohibited at restricted. to this end shall observe the following provisions: a quota; WI tic an tic lic lic ob SU the 10 wh. an pri no the pel net ne tio the FOREIGN ECONOMIC POLICIES 2971 - 1- ter 1 10 -70 21 he ort ral 18 ces of of DF he the 18. relate permitted to be imported in the period in question, and also, necessary, against the quantities permitted to be imported in the next following period or periods; and Provided further that if any is (c) Contracting parties shall not, except for purposes of operating hed quotas allocated in accordance with sub-paragraph (d) of of this paragraph, require that import licences or permits be ed utilized for the importation of the product concerned from che a particular country or source; nio (d) In cases in which a quota is allocated among supplying countries, the contracting party applying the restrictions may seek agreement with respect to the allocation of shares in the quota with all other contracting parties having a substantial interest in supplying the product concerned. In cases in which this method is not reasonably practicable, the contract- ing party concerned shall allot to contracting parties having a substantial interest in supplying the product shares based upon the proportions, supplied by such contracting parties during a previous representative period, of the total quantity or value of imports of the product, due account being taken of any special factors which may have affected or may be affecting the trade in the product. No conditions or formalities shall be imposed which would prevent any contracting party from utilizing fully the share of any such total quantity or value which has been allotted to it, subject to importation being made within any prescribed period to which the quota may 3. (a) In cases in which import licences are issued in connection with import restrictions, the contracting party applying the restric- tions shall provide, upon the request of any contracting party having an interest in the trade in the product concerned, all relevant informa- tion concerning the administration of the restrictions, the import licences granted over a recent period and the distribution of such licences among supplying countries; Provided that there shall be no of obligation to supply information as to the names of importing or (b) In the case of import restrictions involving the fixing of quotas, the contracting party applying the restrictions shall give public which will be permitted to be imported during a specified future period and of any change in such quantity or value. Any supplies of the product in question which were en route at the time at which public | notice was given shall not be excluded from entry; Provided that they may be counted so far as practicable, against the quantity where entered for consumption or withdrawn from warehouse for consump- a period of thirty days after the day of such public notice, practice shall be considered full compliance with this subpara- () In the case of quotas allocated among supplying countries, the contracting party applying the restrictions shall promptly inform 11" supplying enterprises. ECH he 211 ng at Soda tion during IS such graph. 2972 AMERICAN FOREIGN POLICY, 1950-1955 XII or under Section B of Article XVIII shall not be precluded 1 m W re transfers for current international transactions which that contract- the benefits to the contracting party or contracting parties concerned substantially outweigh any injury which may result to the trade of 3. The provisions of Article XIII shall not preclude & group territories having a common quota in the International Monetary Fund from applying against imports from other countries, but not among themselves, restrictions in accordance with the provisions of Article XII or of Section B of Article XVIII on condition that such restrictions are in all other respects consistent with the provisions 4. A contracting party applying import restrictions under Article all other contracting parties having an interest in supplying the product concerned of the shares in the quota currently allocated, by quantity or value, to the various supplying countries and shall give public notice thereof. 4. With regard to restrictions applied in accordance with para- graph 2 (d) of this Article or under paragraph 2 (c) of Article XI, the selection of a representative period for any product and the appraisel of any special factors affecting the trade in the product shall be made initially by the contracting party applying the restriction; Provided that such contracting party shall, upon the request of any other contracting party having a substantial interest in supplying that product or upon the request of the Organization, consult promptly with the other contracting party or the Organization regarding the need for an adjustment of the proportion determined or of the base period selected, or for the reappraisal of the special factors involved , or for the elimination of conditions, formalities or any other provisions established unilaterally relating to the allocation of an adequate quota or its unrestricted utilization. 5. The provisions of this Article shall apply to any tariff quotati instituted or maintained by any contracting party, and, in so far as applicable, the principles of this Article shall also extend to export restrictions. 0 Article XIV Exceptions to the Rule of Non-discrimination pg 1. A contracting party which applies restrictions under Article XII or under Section B of Article XVIII may, in the application of 0 such restrictions, deviate from the provisions of Article XIII in a P] manner having 'equivalent effect to restrictions on payments and ing party may at that time apply under Article VIII or XIV of the Articles of Agreement of the International Monetary Fund, or under M analogous provisions of a special exchange agreement entered int pursuant to paragraph 6 of Article XV. 2. A contracting party which is applying import restrictions under Article XII or under Section B of Article XVIII may, with the con sent of the Organization, temporarily deviate from the provisio of Article XIII in respect of a small part of its external trade where other contracting parties. PI th th of Article XIII. 01 W: 81 F IS be Z8 se tu a in m of DE re ar FOREIGN ECONOMIC POLICIES 2973 ler at IT ISO DS te S national Monetary Fund. he Articles XI to XV or Section B of Article XVIII of this Agreement by from applying measures to direct its exports in such a manner as to ve increase its earnings of currencies which it can use without deviation from the provisions of Article XIII. 18- 5. A contracting party shall not be precluded by Articles XI to he XV, inclusive, or by Section B of Article XVIII, of this Agreement al from applying quantitative restrictions: de led (a) having equivalent effect to exchange restrictions authorized under Section 3(6) of Article VII of the Articles of Agreement of the International Monetary Fund, or (6) under the preferential arrangements provided for in Annex A of this Agreement, pending the outcome of the negotiations referred to therein. Article XV Exchange Arrangements 1. The Organization shall seek co-operation with the Interna- tational Monetary Fund to the end that the Organization and the Fund may pursue a co-ordinated policy with regard to exchange questions ut within the jurisdiction of the Fund and questions of quantitative restrictions and other trade measures within the jurisdiction of the 2. In all cases in which the Organization is called upon to consider or deal with problems concerning monetary reserves, balances of payments or foreign exchange arrangements, it shall consult fully of with the International Monetary Fund. In such consultations, the Organization shall accept all findings of statistical and other facts nd presented by the Fund relating to foreign exchange, monetary reserves and balances of payments, and shall accept the determination of the as to whether action by a contracting party in exchange matters is in accordance with the Articles of Agreement of the International Monetary Fund, or with the terms of a special exchange agreement between that contracting party and the Organization. "The Organi- zation, in reaching its final decision in cases involving the criteria set forth in paragraph 2 (a) of Article XII or in paragraph 9 of Article XVIII , shall accept the determination of the Fund as to what consti tutes a serious decline in the contracting party's monetary reserves, low level of its monetary reserves or a reasonable rate of increase m its monetary reserves, and as to the financial aspects of other matters covered in consultation in such cases. 3. The Organization shall seek agreement with the Fund regarding procedures for consultation under paragraph 2 of this Article. 4. Contracting parties shall not, by exchange action, frustrate the intent of the provisions of this Agreement, nor, by trade action, the intent of the provisions of the Articles of Agreement of the Inter- 5. If the Organization considers, at any time, that exchange restrictions on payments and transfers in connection with imports are being applied by a contracting party in a manner inconsistent Organization cle Fund ct he der IS to 01 -1 zs ere ed a very Top ch 18 le 2974 AMERICAN FOREIGN POLICY, 1950-1955 al ex .1, If any contracting party grants or maintains any subsidru including any form of income or price support, which operates directly or indirectly to increase exports of any product from, or to reduce or imports of any product into, its territory, it shall notify the Organ- ization in writing of the extent and nature of the subsidization, the estimated effect of the subsidization on the quantity of the affected product or products imported into or exported from its territory and of the circumstances making the subsidization necessary In any case in which it is determined that serious prejudice to t with the exceptions provided for in this Agreement for quantitative in restrictions, it shall report thereon to the Fund. 6. Any contracting party which is not a member of the Fund shall, within a time to be determined by the Organization after consultation a with the Fund, become a member of the Fund, or, failing that, ente su into a special exchange agreement with the Organization. A com- tracting party which ceases to be a member of the Fund shall forth- with enter into a special exchange agreement with the Organization, Any special exchange agreement entered into by a contracting party tr under this paragraph shall thereupon become part of its obligations under this Agreement. 7. (a) A special exchange agreement between a contracting party and the Organization under paragraph 6 of this Article shall provide to the satisfaction of the Organization that the objectives of this Agreement will not be frustrated as a result of action in exchange of matters by the contracting party in question, tr (b) The terms of any such agreement shall not impose obligations of on the contracting party in exchange matters generally more restrictive te than those imposed by the Articles of Agreement of the International Monetary Fund on members of the Fund. 8. A contracting party which is not a member of the Fund shall of furnish such information within the general scope of section 5 of Article VIII of the Articles of Agreement of the International Mone- af tary Fund as the Organization may require in order to carry functions under this Agreement. 9. Nothing in this Agreement shall preclude: th (a) the use by a contracting party of exchange controls or exchange restrictions in accordance with the Articles of Agreement of po the International Monetary Fund or with that contracting be party's special exchange agreement with the Organization, an (b) the use by a contracting party of restrictions or controls imports or exports, the sole effect of which, additional to the tic effects permitted under Articles XI, XII, XIII and XIV, IS LO make effective such exchange controls or exchange restrictions of th Article XVI th Subsidies Section A-Subsidies in General in WI B out its Or 10 su : en . of en ex no m FOREIGN ECONOMIC POLICIES 2975 IVT de this DIS tive interests of any other contracting party is caused or threatened by any such subsidization, the contracting party granting the subsidy all shall , upon request, discuss with the other contracting party or parties ion concerned, or with the Organization, the possibility of limiting the nter subsidization. OD- th Section B-Additional Provisions on Export Subsidies 100. 2. The contracting parties recognize that the granting by a con- arty tracting party of a subsidy on the export of any product may have harmful effects for other contracting parties, both importing and exporting, may cause undue disturbance to their normal commercial interests, and may hinder the achievement of the objectives of this Agreement. 3. Accordingly, contracting parties should seek to avoid the use nge of subsidies on the export of primary products. If, however, a con- tracting party grants directly or indirectly any form of subsidy which LITE operates to increase the export of any primary product from its territory, such subsidy shall not be applied in a manner which results 2018 in that contracting party having more than an equitable share of world export trade in that product, account being taken of the shares of of the contracting parties in such trade in the product during a previous representative period, and any special factors which may have affected or may be affecting such trade in the product. its 4. Further, as from 1 January 1958 or the earliest practicable date thereafter, contracting parties shall cease to grant either directly or indirectly any form of subsidy on the export of any product other than a primary product which subsidy results in the sale of such product for export at a price lower than the comparable price charged ing for the like product to buyers in a domestic market. Until 31 Decem- ber 1957 no contracting party shall extend the scope of any such subsidization beyond that existing on 1 January 1955 by the introduc- tion of new, or the extension of existing, subsidies. 5. The Organization shall review the operation of the provisions of this Article from time to time with a view to examining its effective- ness, in the light of actual experience, in promoting the objectives of this Agreement and avoiding subsidization seriously prejudicial to the trade or interests of contracting parties. hall ne- oge r the to ITIS. Article XVII ICE 31" State-trading Enterprises 1. (a) Each contracting party undertakes that if it establishes or maintains a State enterprise, wherever located, or grants to any enterprise, formally or in effect, exclusive or special privileges, such enterprise shall, in its purchases or sales involving either imports or be exports, act in a manner consistent with the general principles of non-discriminatory treatment prescribed in this Agreement for govern- mental measures affecting imports or exports by private traders. (b) The provisions of sub-paragraph (a) of this paragraph shall its 2976 AMERICAN FOREIGN POLICY, 1950–1955 objectives of this Agreement will be facilitated by the progressive kind described in paragraph 1 (a), request the contracting party / (d) The provisions of this paragraph shall not require any contract ing party to disclose confidential information which would impece law enforcement or otherwise be contrary to the public interest a would prejudice the legitimate commercial interests of particular i 1. The contracting parties recognize that the attainment of the be understood to require that such enterprises shall, having due re gard to the other provisions of this Agreement, make any such purchases or sales solely in accordance with commercial considerations , including price, quality, availability, marketability, transportation and other conditions of purchase or sale, and shall afford the enter- prises of the other contracting parties adequate opportunity, in accordance with customary business practice, to compete for partic- ipation in such purchases or sales. (c) No contracting party shall prevent any enterprise (whether or not an enterprise described in sub-paragraph (a) of this paragraph ) under its jurisdiction from acting in accordance with the principles of sub-paragraphs (a) and (b) of this paragraph. 2. The provisions of paragraph 1 of this Article shall not apply to imports of products for immediate or ultimate consumption in governmental use and not otherwise for re-sale or use in the production of goods for sale. With respect to such imports, each contracting party shall accord to the trade of the other contracting parties fair and equitable treatment. 3. The contracting parties recognize that enterprises of the kind described in paragraph 1 (a) of this Article might be operated so as to create serious obstacles to trade; thus negotiations on a reciproca and mutually advantageous basis designed to limit or reduce such obstacles are of importance to the expansion of international trade . 4. (a) Contracting parties shall notify the Organization of the products which are imported into or exported from their territories by enterprises of the kind described in paragraph 1 (a) of this Article . (b) A contracting party establishing, maintaining or authorizing an import monopoly of a product, which is not the subject of a com- cession under Article III, shall, on the request of another contracting party having a substantial trade in the product concerned, inform tla Organization of the import mark-up on the product during a recen representative period, or, when it is not possible to do so, price charged on the re-sale of the product. (C) The Organization may, at the request of a contracting party which has reason to believe that its interests under this Agreement are being adversely affected by the operations of an enterprise of the information about its operations related to the carrying out of the provisions of this Agreement. enterprises. Article XVIII Governmental Assistance to Economic Development FOREIGN ECONOMIC POLICIES 2977 re- ich 100 ini tic- 10 100 al 9S cal development of their economies, particularly of those contracting parties the economies of which can only support low standards of living and are in the early stages of development. 2. The contracting parties recognize further that it may be neces- sary for those contracting parties, in order to implement programmes and policies of economic development designed to raise the general standard of living of their people, to take protective or other meas- ures affecting imports, and that such measures are justified in so far ON as they facilitate the attainment of the objectives of this Agreement. 3h They agree, therefore, that those contracting parties should enjoy iles additional facilities to enable them (a) to maintain sufficient flexi- bility in their tariff structure to be able to grant the tariff protection ply required for the establishment of a particular industry and (b) to apply quantitative restrictions for balance of payments purposes in a manner which takes full account of the continued high level of ing demand for imports likely to be generated by their programmes of economic development. 3. The contracting parties recognize finally that with those addi- nd tional facilities which are provided for in Sections A and B of this Article, the provisions of this Agreement would normally be sufficient to enable contracting parties to meet the requirements of their Ich economic development. They agree, however, that there may be de. circumstances where no measure consistent with those provisions is che practicable to permit a contracting party in the process of economic development to grant the governmental assistance required to promote the establishment of particular industries with a view to raising the EDS general standard of living of its people. Special procedures are laid down in Sections C and D of this Article to deal with those cases. ng 4. (a) Consequently, a contracting party the economy of which can only support low standards of living and is in the early stages of development shall be free to deviate temporarily from the provisions of the other Articles of this Agreement, as provided in Sections A, B and C of this Article t (6) A contracting party the economy of which is in the process of development but which does not come within the scope of sub- paragraph (a) above, may submit applications to the Organization t under Section D of this Article. 5. The contracting parties recognize that the export earnings of contracting parties the economies of which are of the type described paragraph 4 (a) and (6) above, and which depend on exports of a small number of primary commodities may be seriously reduced by a decline in the sale of such commodities. Accordingly, when the exports of primary commodities by such a contracting party are seriously affected by measures taken by another contracting party it may have resort to the consultation provisions of Article XXII of 6. The organization shall review annually all measures applied pursuant to the provisions of Sections C and D of this Article. nes cle. 1- che ant be nh De Ir € in OI this Agreement e 41590057-Vol. 2 -84 2978 AMERICAN FOREIGN POLICY, 1950–1955 the provisions of paragraphs 10 to 12, control the general level of its imports by restricting the quantity or value of merchandise per- mitted to be imported; Provided that the import restrictions instituted, (a) to forestall the threat of, or to stop, a serious decline in its Section A 7. (a) If a contracting party coming within the scope of para- graph 4 (a) of this Article considers it desirable, in order to promote the establishment of a particular industry with a view to raising the general standard of living of its people, to modify or withdraw & concession included in the appropriate schedule annexed to this Agreement, it shall notify the Organization to this effect and enter into negotiations with any contracting party with which such con- cession was initially negotiated, and with any other contracting party determined by the Organization to have a substantial interest therein . If agreement is reached between such contracting parties concerned , they shall be free to modify or withdraw concessions under the appropriate Schedules to this Agreement in order to give effect to such agreement, including any compensatory adjustments involved . (b) If agreement is not reached within sixty days after the notifica- tion provided for in sub-paragraph (a) above, the contracting party which proposes to modify or withdraw the concession may refer the matter to the Organization, which shall promptly examine it. If it finds that the contracting party which proposes to modify or withdraw the concession has made every effort to reach an agreement and that the compensatory adjustment offered by it is adequate , that con- tracting party shall be free to modify or withdraw the concession iſ at the same time, it gives effect to the compensatory adjustment . If the Organization does not find that the compensation offered by : contracting party proposing to modify or withdraw the concession is adequate, but finds that it has made every reasonable effort to offer adequate compensation, that contracting party shall be free to pro- ceed with such modification or withdrawal. If such action is taken , any other contracting party referred to in sub-paragraph (a) above shall be free to modify or withdraw substantially equivalent conces- sions initially negotiated with the contracting party which has taken the action. Section B 8. The contracting parties recognize that contracting parties coming within the scope of paragraph 4 (a) of this Article tend, when they are in rapid process of development, to experience balance of payments difficulties arising mainly from efforts to expand their internal markets as well as from the instability in their terms of trade 9. In order to safeguard its external financial position and to ensure a level of reserves adequate for the implementation of ik programme of economic development, a contracting party coming within the scope of paragraph 4 (a) of this Article may, subject to maintained or intensified shall not exceed those necessary: monetary reserves, or M : .-.-.-.-. FOREIGN ECONOMIC POLICIES 2979 -8- te he CD 8 us er II- ty II, ale 18 to d. 23- EV 18 it at 1. ta 2 . (6) in the case of a contracting party with inadequate monetary reserves, to achieve a reasonable rate of increase in its reserves. Due regard shall be paid in either case to any special factors which may be affecting the reserves of the contracting party or its need for reserves, including, where special external credits or other resources are available to it, the need to provide for the appropriate use of such credits or resources. 10. In applying these restrictions, the contracting party may determine their incidence on imports of different products or classes of products in such a way as to give priority to the importation of those products which are more essential in the light of its policy of economic development; Provided that the restrictions are so applied as to avoid unnecessary damage to the commercial or economic interests of any other contracting party and not to prevent un- reasonably the importation of any description of goods in minimum commercial quantities the exclusion of which would impair regular channels of trade; and Provided further that the restrictions are not so applied as to prevent the importation of commercial samples or to prevent compliance with patent, trade-mark, copyright or similar procedures 11. In carrying out its domestic policies, the contracting party concerned shall pay due regard to the need for restoring equilibrium in its balance of payments on a sound and lasting basis and to the desirability of assuring an economic employment of productive resources. It shall progressively relax any restrictions applied under this Section as conditions improve, maintaining them only to the extent necessary under the terms of paragraph 9 of this Article, and shall eliminate them when conditions no longer justify such mainte- nance; Provided that no contracting party shall be required to with- draw or modify restrictions on the ground that a change in its develop- ment policy would render unnecessary the restrictions which it is applying under this Section. 12. (a) Any contracting party applying new restrictions or raising general level of its existing restrictions by a substantial intensifica- tion of the measures applied under this Section, shall immediately after instituting or intensifying such restrictions (or, in circumstances in which prior consultation is practicable, before doing so (consult with the Organization as to the nature of its balance of payments difficulties, alternative corrective measures which may be available, and the possible effect of the restrictions on the economies of other contracting parties. 6) On å date to be determined by it, the Organization shall review all restrictions still applied under this Section on that date. Beginning two years after that date, contracting parties applying restrictions under this Section shall enter into consultations of the type provided for in sub-paragraph (a) above with the Organization at intervals of approximately, but not less than, two yeårs according programme to be drawn up each year by the Organization; Provided that no consultation under this sub-paragraph shåll také IS te 5- 11 the 1S D of LI } 0 'S 0 to a S 2980 AMERICAN FOREIGN POLICY, 1950–1955 days after such action is taken, to give written notice to the Director the contracting party initiating the procedure is caused or threatened tracting party initiating the procedure from such obligations under this Agreement towards the contracting party applying the restrictions (e) If a contracting party against which action has been taken in accordance with the last sentence of sub-paragraph (c) (c) ord of this paragraph, finds that the release of obligations authorized by the Organization adversely affects the operation of its programme and policy of economic development, it shall be free, not later than sixty place within two years after the conclusion of a consultation of a general nature under any other provision of this paragraph. (c) (i) If, in the course of consultations with a contracting party under sub-paragraph (a) or (b) of this paragraph, the Organiza- tion finds that the restrictions are not consistent with the pro- visions of this Section or with those of Article XIII (subject to the provisions of Article XIV), they shall indicate the nature of the inconsistency and may advise that the restrictions be suit- ably modified. (ii) If, however, as a result of the consultations, the Organi- zation determines that the restrictions are being applied in a manner involving an inconsistency of a serious nature with the provisions of this Section or with those of Article XIII (subject to the provisions of Article XIV) and that damage to the trade of any contracting party is caused or threatened thereby, they shall so inform the contracting party applying the restrictions and shall make appropriate recommendations for securing con- formity with such provisions within a specified period. If such contracting party does not comply with these recommendations within the specified period, the Organization may release any contracting party the trade of which is adversely affected by the restrictions from such obligations under this Agreement towards the contracting party applying the restrictions as they determine to be appropriate in the circumstances. (d) The Organization shall invite any contracting party which is applying restrictions under this Section to enter into consultations with them at the request of any contracting party which can establish a prima facie case that the restrictions are inconsistent with the pro- visions of this Section or with those of Article XIII (subject to the provisions of Article XIV) and that its trade is adversely affected thereby. However, no such invitation shall be issued unless the Organization has ascertained that direct discussions between the contracting parties concerned have not been successful. If, as ! result of the consultations with the Organization, no agreement i reached and it determines that the restrictions are being applied inconsistently with such provisions, and that damage to the trade of restrictions. If the restrictions are not withdrawn or modified withi such time as the Organization may prescribe, it may release the com as it determines to be appropriate in the circumstances FOREIGN ECONOMIC POLICIES 2981 2 ty 8- to of it- li Я he CO de ey us D- ch DS he nt ey IS General of the Organization of its intention to withdraw from this Agreement and such withdrawal shall take effect on the sixtieth day following the day on which the notice is received by him. () In proceeding under this paragraph, the Organization shall have due regard to the factors referred to in paragraph 2 of this Article. Determinations under this paragraph shall be rendered expeditiously and, if possible, within sixty days of the initiation of the consultations. Section C 13. If a contracting party coming within the scope of paragraph 4 (a) of this Article finds that governmental assistance is required to promote the establishment of a particular industry with a view to raising the general standard of living of its people, but that no measure consistent with the other provisions of this Agreement is practicable to achieve that objective, it may have recourse to the provisions and procedures set out in this section. 14. The contracting party concerned shall notify the Organization of the special difficulties which it meets in the achievement of the objective outlined in paragraph 13 of this Article and shall indicate the specific measure affecting imports which it proposes to introduce in order to remedy these difficulties. It shall not introduce that measure before the expiration of the time-limit laid down in paragraph 15 or 17, as the case may be, or if the measure affects imports of a product which is the subject 'of a concession included in the appropriate Schedule annexed to this Agreement, unless it has secured the con- currence of the Organization in accordance with the provisions of paragraph 18; Provided that, if the industry receiving assistance has already started production, the contracting party may, after informing the Organization, take such measures as may be necessary to prevent, during that period, imports of the product or products concerned from increasing substantially above a normal level. 15. If, within thirty days of the notification of the measure, the Organization does not request the contracting party concerned to consult with it, that contracting party shall be free to deviate from the relevant provisions of the other Articles of this Agreement to the extent necessary to apply the proposed measure, 16. If it is requested by the Organization to do so, the contracting party concerned shall consult with it as to the purpose of the proposed measure, as to alternative measures which may be available under this Agreement, and as to the possible effect of the measure proposed on the commercial and economic interests of other contracting parties. If, as a result of such consultation, the Organization agrees that there is no measure consistent with the other provisions of this Agreement which is practicable in order to achieve the objective outlined in paragraph 13 of this Article, and concurs in the proposed measure, the contracting party concerned shall be released from its obligations under the relevant provisions of the other Articles of this Agreement to the extent necessary to apply that measure. 17. If, within ninety days after the date of the notification of the proposed measure under paragraph 14 of this Article, the Organization TIS sh D- de ed je de ed ol ed 18 2T 78 1 of le d 2982 AMERICAN FOREIGN POLICY, 1950–1955 cessions or other obligations under this Agreement the suspension than six months after the measure has been introduced or changed such contracting party shall afford adequate opportunity for consulta substantially to the detriment of the contracting party affected. Any has not concurred in such measure, the contracting party concerned may introduce the measure proposed after informing the Organization, 18. If the proposed measure affects a product which is the subject of a concession included in the appropriate Schedule annexed to this Agreement, the contracting party concerned shall enter into consulta- tions with any other contracting party with which the concession was initially negotiated, and with any other contracting party deter- mined by the Organization to have a substantial interest therein. The Organization shall concur in the measure if it agrees that there is no measure consistent with the other provisions of this Agreement which is practicable in order to achieve the objective set forth in paragraph 13 of this Article, and if it is satisfied: (a) that agreement has been reached with such other contracting parties as a result of the consultations referred to above, or (b) if no such agreement has been reached within sixty days after the notification provided for in paragraph 14 has been received by the Organization, that the contracting party having recourse to this Section has made all re sonable efforts to reach an agreement and that the interests of other contracting parties are adequately safeguarded. The contracting party having recourse to this Section shall there . upon be released from its obligations under the relevant provision of the other Articles of this Agreement to the extent necessary to permit it to apply the measure. 19. If a proposed measure of the type described in paragraph 13 of this Article concerns an industry the establishment of which has in the initial period been facilitated by incidental protection afforded by restrictions imposed by the contracting party concerned for balance of payments purposes under the relevant provisions of this Agreement , that contracting party may resort to the provisions and procedures of this Section; Provided that it shall not apply the proposed measure without the concurrence of the Organization. 20. Nothing in the preceding paragraphs of this Section shal authorize any deviation from the provisions of Articles II, III and XIII of this Agreement. The provisos to paragraph 10 of this Article shall also be applicable to any restriction under this Section 21. At any time while a measure is being applied under paragraph 17 of this Article, any contracting party substantially affected by it may suspend the application to the trade of the contracting party having recourse to this Section of such substantially equivalent con days' notice of such suspension is given to the Organization not later . ment. FOREIGN ECONOMIC POLICIES 2983 Section D ed N. ect his OD he BO ch oh 22. A contracting party coming within the scope of sub-paragraph 4 (6) of this Article desiring, in the interest of the development of its economy, to introduce a measure of the type described in para- graph 13 of this Article in respect of the establishment of a partic- ular industry may apply to the Organization for approval of such measure. The Organization shall promptly consult with such con- tracting party and shall, in making its decision, be guided by the considerations set out in paragraph 16. If the Organization concurs in the proposed measure the contracting party concerned shall be released from its obligations under the relevant provisions of the other Articles of this Agreement to the extent necessary to permit it to apply the measure. If the proposed measure affects a product which is the subject of a concession included in the appropriate Schedule annexed to this Agreement, the provisions of paragraph 18 shall apply. 23. Any measure applied under this Section shall comply with the provisions of paragraph 20 of this Article. ng ser el se 2.1 les Article XIX e ELS to 13 13 as ed Ce It es re id le Emergency Action on Imports of Particular Products 1. (a) If, as a result of unforeseen developments and of the effect of the obligations incurred by a contracting party under this Agree- ment, including tariff concessions, any product is being imported into the territory of that contracting party in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers in that territory of like or directly competitive products, the contracting party shall be free, in respect of such product, and to the extent and for such time as may be necessary to prevent or remedy such injury, to suspend the obligation in whole or in part or to withdraw or modify the concession. (6) If any product, which is the subject of a concession with respect to a preference, is being imported into the territory of a contracting party in the circumstances set forth in sub-paragraph (a) of this paragraph, so as to cause or threaten serious injury to domestic producers of like or directly competitive products in the territory of a contracting party which receives or received such preference, the importing contracting party shall be free, if that other contracting party so requests, to suspend the relevant obligation in whole or in part or to withdraw or modify the concession in respect of the product, to the extent and for such time as may be necessary to prevent or 2. Before any contracting party shall take action pursuant to the provisions of paragraph 1 of this Article, it shall give notice in writing to the Organization as far in advance as may be practicable and shall afford the Organization and those contracting parties having a substantial interest as exporters of the product concerned an opportunity to consult with it in respect of the proposed action. When such notice is given in relation to a concession with respect b I T 1 D remedy such injury. T d 1 in 2984 AMERICAN FOREIGN POLICY, 1950-1955 ---- discrimination between countries where the same conditions preval Agreement shall be construed to prevent the adoption or enforcement (d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement. ment of monopolies operated under paragraph 4 of Article III including those relating to customs enforcement, the enfores- and Article XVII, the protection of patents, trade marks and to a preference, the notice shall name the contracting party which has requested the action. In critical circumstances, , where delay would cause damage which it would be difficult to repair , action under paragraph 1 of this Article may be taken provisionally without prior consultation, on the condition that consultation shall be effected immediately after taking such action. 3. (a) If agreement among the interested contracting parties with respect to the action is not reached, the contracting party which proposes to take or continue the action shall, nevertheless, be free to do so, and if such action is taken or continued, the affected con- tracting parties shall then be free, not later than ninety days after such action is taken, to suspend, upon the expiration of thirty days from the day on which written notice of such suspension is received by the Organization, the application to the trade of the contracting party taking such action, or, in the case envisaged in paragraph 1 (1 ) of this Article, to the trade of the contracting party requesting such action, of such substantially equivalent concessions or other obliga- tions under this Agreement the suspension of which the Organization does not disapprove. (6) Notwithstanding the provisions of sub-paragraph (a) of this paragraph, where action is taken under paragraph 2 of this Article without prior consultation and causes or threatens serious injury in the territory of a contracting party to the domestic producers of products affected by the action, that contracting party shall, where delay would cause damage difficult to repair, be free to suspend upon the taking of the action and throughout the period of consulta- tion, such concessions or other obligations as may be necessary to prevent or remedy the injury. Article XX General Exceptions Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable or a disguised restriction on international trade, nothing in this by any contracting party of measures: a) necessary to protect public morals; (b) necessary to protect human, animal or plant life or health ; (c) relating to the importation or exportation of gold or silver : copyrights, and the prevention of deceptive practices; (e) relating to the products of prison labour; FOREIGN ECONOMIC POLICIES 2985 ch ay On ut ed th ch ee ID- ter us (f) imposed for the protection of national treasures of artistic, historic or archaeological value; (9) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restric- tions on domestic production or consumption; (h) undertaken in pursuance of obligations under any intergovern- mental commodity agreement which conforms to criteria sub- mitted to the Organisation and not disapproved by it or which is itself so submitted and not so disapproved; (1) involving restrictions on exports of domestic materials neces- sary to assure essential quantities of such materials to a domes- tic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to nondiscrimination; () essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all contracting parties are entitled to an equitable share of the international supply of such products, and that any such measures which are incon- sistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist. The Organization shall review the need for this sub-paragraph not later than 30 June 1960. b 14. OL 115 in of re id , 19- to Article XXI in le 1 IS Security Exceptions Nothing in this Agreement shall be construed (a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or (b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests (i) relating to fissionable materials or the materials from which they are derived; (ii) relating to the traffic in arms, ammunition and imple- ments of war and to such traffic in other goods and mate- rials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) taken in time of war or other emergency in international relations; or (c) to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. 2986 AMERICAN FOREIGN POLICY, 1950–1955 1. The provisions of this Agreement shall apply to the metropolitan territories in respect of which this Agreement has been accepted under Article XXVI or is being applied under Article XXXIII or pursuant to the Protocol of Provisional Application. Each such customs General Agreement on Tariffs and Trade (in four volumes): Volume 1 (Department 1 Protocol of Provisional Application, Oct. 30, 1947, not reprinted here. See of State publication 3107; 1948) pp. 81-82, and The General Agreement on Tarifs and Trade (amended text) and Texts of Related Documents (Department of State Article XXII Consultation 1. Each contracting party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding , such representations as may be made by another contracting party with respect to any matter affecting the operation of this Agreement . 2. The Organization may, at the request of a contracting party, consult with any contracting party or parties in respect of any matter for which it has not been possible to find a satisfactory solution through consultation under paragraph 1. Article XXIII Nullification or Impairment 1. If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nul- lified or impaired or that the attainment of any objective of the Agreement is being impeded as the result of (a) the failure of another contracting party to carry out its obligations under this Agreement, or (b) the application by another contracting party of any measure , whether or not it conflicts with the provisions of this Agreement, or ( with the existence of any other situation, the contracting party may, à view to the satisfactory adjustment of the matter, make written representations or proposals to the other contracting party or parties which it considers to be concerned. Any contracting party thus approached shall give sympathetic consideration to the representations or proposals made to it. 2. If no satisfactory adjustment is effected between the contracting parties concerned within a reasonable time, or if the difficulty is of the type described in paragraph 1 (c) of this Article, the matter may referred to the Organization. PART III Article XXIV Territorial Application Frontier Traffic-Customs Unions and Free-trade Areas publication 3758; 1950), pp. 88–89. . be .... 1 Į FOREIGN ECONOMIC POLICIES : 2987 1 -101 ng rty ent. "ty. ter 100 fit ul . che ner ON re, (0 ) ith cen ies territory shall, exclusively for the purposes of the territorial application of this Agreement, be treated as though it were a contracting party; Provided that the provisions of this paragraph shall not be construed to create any rights or obligations as between two or more customs territories in respect of which this Agreement has been accepted under Article XXVI or is being applied under Article XXXIII or pursuant to the Protocol of Provisional Application by a single contracting party. 2. For the purposes of this Agreement a customs territory shall be understood to mean any territory with respect to which separate tariffs or other regulations of commerce are maintained for a substan- tial part of the trade of such territory with other territories. 3. The provisions of this Agreement shall not be construed to prevent: (a) advantages accorded by any contracting party to adjacent countries in order to facilitate frontier traffic; (6) advantages accorded to the trade with the Free Territory of Trieste by countries contiguous to that territory, provided that such advantages are not in conflict with the Treaties of Peace arising out of the Second World War. 4. The contracting parties recognize the desirability of increasing freedom of trade by the development, through voluntary agreements, of closer integration between the economies of the countries parties to such agreements. They also recognize that the purpose of a cus- toms union or of a free-trade area should be to facilitate trade between the constituent territories and not to raise barriers to the trade of other contracting parties with such territories. 5. Accordingly, the provisions of this Agreement shall not prevent, as between the territories of contracting parties, the formation of a customs union or of a free-trade area or the adoption of an interim agreement necessary for the formation of a customs union or of a free- trade area; Provided that: (a) with respect to a customs union, or an interim agreement leading to the formation of a customs union, the duties and other regulations of commerce imposed at the institution of any such union or interim agreement in respect of trade with contracting parties not parties to such union or agreement shall pot on the whole be higher or more restrictive than the general incidence of the duties and regulations of commerce applicable in the constituent territories prior to the formation of such union or the adoption of such interim agreement, as the case may be; (6) with respect to a free-trade area, or an interim agreement leading to the formation of a free-trade area, the duties and other regulations of commerce maintained in each of the con- stituent territories and applicable at the formation of such free-trade area or the adoption of such interim agreement to the trade of contracting parties not included in such area or not LUS DIS ng he he 011 15 er at 75 PP at 78 le 2988 AMERICAN FOREIGN POLICY, 1950-1955 (a) A customs union shall be understood to mean the substitution (i) duties and other restrictive regulations of commerce XI, XII, XIII, XIV, XV and XX) are eliminated with (except, where necessary, those permitted under Articles respect to substantially all the trade between the constit- uent territories of the union or at least with respect to parties to such agreement shall not be higher or more restrictive than the corresponding duties and other regulations of com- merce existing in the same constituent territories prior to the formation of the free-trade area, or interim agreement, as the case may be; and (c) any interim agreement referred to in sub-paragraphs (a) and (6) shall include a plan and schedule for the formation of such à customs union or of such a free-trade area within a reasonable length of time. 6. If, in fulfilling the requirements of sub-paragraph 5 (a), a con- tracting party proposes to increase any rate of duty inconsistently with the provisions of Article III, the procedure set forth in Article XXVIII shall apply. In providing for compensatory adjustment , due account shall be taken of the compensation already afforded by the reductions brought about in the corresponding duty of the other constituents of the union. 7: (a) Any contracting party deciding to enter into a customs union or free-trade area, or an interim agreement leading to the formation of such a union or area, shall promptly notify the Organization and shall make available to it such information regarding the proposed union or area as will enable it to make such reports and recommenda- tions to contracting parties as it may deem appropriate. (6) If, after having studied the plan and schedule included in an interim agreement referred to in paragraph 5 in consultation with the parties to that agreement and taking due account of the information made available in accordance with the provisions of sub-paragraph (a), the Organization finds that such agreement is not likely to result in the formation of a customs union or of a free-trade area within the period contemplated by the parties to the agreement or that such period is not a reasonable one, the Organization shall make recom- mendations to the parties to the agreement. The parties shall not maintain or put into force, as the case may be, such agreement they are not prepared to modify it in accordance with these recom- mendations. (c) Any substantial change in the plan or schedule referred to in paragraph 5 (e) shall be communicated to the Organization, which may request the contracting parties concerned to consult with it if the change seems likely to jeopardize or delay unduly the formation of the customs union or of the free-trade area. 8. For the purposes of this Agreement: of a single customs territory for two or more customs terri- tories, so that if FOREIGN ECONOMIC POLICIES 2989 } 1 ? } } I 1 Agreement bearing the date of 10 March 1955,' shall give effect to substantially all the trade in products originating in such territories, and, (ii) subject to the provisions of paragraph 9, substantially the same duties and other regulations of commerce are applied by each of the members of the union to the trade 1 of territories not included in the union; (6) A free-trade area shall be understood to mean a group of two or more customs territories in which the duties and other restrictive regulations of commerce (except, where necessary, those permitted under Articles XI, XII, XIIJ, XIV, XV and XX) are eliminated on substantially all the trade between the constituent territories in products originating in such territories. 9. The preferences referred to in paragraph 2 of Article II shall not be affected by the formation of a customs union or of a free-trade area but may be eliminated or adjusted by means of negotiations with contracting parties affected. This procedure of negotiations with affected contracting parties shall, in particular, apply to the elimination of preferences required to conform with the provisions of paragraph 8 (a) (i) and paragraph 8 (6). 10. The Organization may by a two-thirds majority approve proposals which do not fully comply with the requirements of para- graphs 5 to 9 inclusive, provided that such proposals lead to the formation of a customs union or a free-trade area in the sense of this Article. 11. Taking into account the exceptional circumstances arising out of the establishment of India and Pakistan as independant (independent) States and recognizing the fact that they have long constituted an economic unit, the contracting parties agree that the provisions of this Agreement shall not prevent the two countries from entering into special arrangements with respect to the trade between them, pending the establishment of their mutual trade relations on a definitive 12. Each contracting party shall take such reasonable measures as may be available to it to ensure observance of the provisions of this Agreement by the regional and local governments and authorities Article XXV The Organization for Trade Cooperation 1. The Organization for Trade Cooperation, established by the those provisions of this Agreement, which provide for action by the Organization and such other provisions as involve joint action, and may carry on any other activities with respect to the General Agree- ment which are provided for by the Agreement establishing the 2. All contracting parties shall, as soon as possible, become Mem- basis. within its territory. Organization. bers of the Organization. i Infra. 2990 AMERICAN FOREIGN POLICY, 1950–1955 . shall, upon sponsorship through a declaration by the responsible 6. This Agreement shall enter into force, as among the govern- Director-General of the Organization on behalf of governments named in Annex G, the territories of which account for 85 per centum of the total external trade of the territories of such governments, computed in accordance with the applicable column of percentages set forth therein. The instrument of acceptance of each other 3. Those contracting parties which have accepted the Agreement on the Organization for Trade Cooperation may decide at any time after the entry into force of that Agreement that any contracting party which has not accepted it shall cease to be a contracting party . Article XXVI Acceptance, Entry into Force and Registration 1. The date of this Agreement shall be 30 October 1947. 2. This Agreement shall be open for acceptance by any contracting party which, on 1 March 1955, was a contracting party or was ne- gotiating with a view to accession to this Agreement. 3. This Agreement, done in a single English original and in a single French original, both texts authentic, shall be deposited with the Director-General of the Organization, who shall furnish certified copies thereof to all interested governments. 4. Each government accepting this Agreement shall deposit an instrument of acceptance with the Director-General of the Organiza- tion, who will inform all interested governments of the date of deposit of each instrument of acceptance and of the day on which this Agree- ment enters into force under paragraph 6 of this Article. 5. (a) Each government accepting this Agreement does so in respect of its metropolitan territory and of the other territories for which it has international responsibility, except such separate customs territories as it shall notify to the Director-General of the Organiza- tion at the time of its own acceptance. (6) Any government, which has so notified the Director-General under the exceptions in sub-paragraph (a) of this paragraph, may at any time give notice to the Director-General that its acceptance shall be effective in respect of any separate customs territory , or territories so excepted and such notice shall take effect on the thirtieth day following the day on which it is received by the Director-General (C) If any of the customs territories, in respect of which a con- tracting party has accepted this Agreement, possesses or acquires full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement, such territory contracting party establishing the above-mentioned fact, be deemed to be a contracting party and shall also be deemed to be a Member of the Organization. ments which have accepted it, on the thirtieth day following the day on which instruments of acceptance have been deposited with the : and even .... FOREIGN ECONOMIC POLICIES 2991 mt ne ng - ng e- le ne ed IN . it - 1 expiration of a period envisaged in paragraph 1 of this Article, government shall take effect on the thirtieth day following the day on which such instrument has been deposited. 7. The United Nations is authorized to effect registration of this Agreement as soon as it enters into force. Article XXVII Withholding or Withdrawal of Concessions Any contracting party shall at any time be free to withhold or to withdraw in whole or in part any concession, provided for in the appropriate Schedule annexed to this Agreement, in respect of which such contracting party determines that it was initially negotiated with a government which has not become, or has ceased to be, a contracting party. A contracting party taking such action shall notify the Organization and, upon request, consult with contracting parties which have a substantial interest in the product concerned. Article XXVIII Modification of Schedules 1. On the first day of each three-year period, the first period beginning on 1 January 1958 (or on the first day of any other period that may be specified by the Organization by two-thirds of the votes cast) a contracting party (hereafter in this Article referred to as the "applicant contracting party') may, by negotiation and agreement with any contracting party with which such concession was initially negotiated and with any other contracting party determined by the Organization to have a principal supplying interest (which two pre- ceding categories of contracting parties, together with the applicant contracting party, are in this Article hereinafter referred to as the "contracting parties primarily concerned"), and subject to consulta- tion with any other contracting party determined by the Organization to have a substantial interest in such concession, modify or withdraw a concession included in the appropriate Schedule annexed to this 2. In such negotiations and agreement, which may include pro- vision for compensatory adjustment with respect to other products, the contracting parties concerned shall endeavour to maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations. 3. (a) If agreement between the contracting parties primarily concerned cannot be reached before 1 January 1958 or before the the contracting party which proposes to modify or withdraw the con- cession shall, nevertheless, be free to do so and if such action is taken any contracting party with which such concession was initially : negotiated, any contracting party determined under paragraph 1 to or OS - 1 1 h l. S S Agreement. @ 1 r 1 3 1 1 2992 AMERICAN FOREIGN POLICY, 1950–1955 cerned is not reached within a period of sixty days after negotia- the Organization may have prescribed, the applicant contracting the matter and submit their views to the contracting parties / shall apply as if agreement between the contracting parties If a settlement is reached, the provisions of paragraph 30) primarily concerned had been reached. If no settlements reached between the contracting parties primarily concerned, withdraw the concession, unless the Organization determines that the applicant contracting party has unreasonably failed to offer adequate compensation. If such action is taken, any | contracting party with which the concession was initial; negotiated, any contracting party determined under pers- graph 4 (a) to have a principal supplying interest and an contracting party determined under paragraph 4 (a) to here after such action is taken, to modify or withdraw, upon the a substantial interest, shall be free, not later than six months have a principal supplying interest and any contracting party deter- mined under paragraph 1 to have a substantial interest shåll the be free not later than six months after such action is taken, to with- draw, upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the Organization , substantially equivalent concessions initially negotiated with the applicant contracting party. (6) If agreement between the contracting parties primarily cor- cerned is reached but any other contracting party determined under paragraph 1 of this Article to have a substantial interest is not satis- fied, such other contracting party shall be free, not later than six months after action under such agreement is taken, to withdrew , upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the Organization, substan- tially equivalent concessions initially negotiated with the applicant contracting party. 4. The Organization may, at any time, in special circumstances, authorize a contracting party to enter into negotiations for modifica- tion or withdrawal of a concession included in the appropriate Schedule annexed to this Agreement subject to the following procedures and conditions: (a) Such negotiations and any related consultations shall be con- ducted in accordance with the provisions of paragraphs 1 and 2 of this Article. (b) If agreement between the contracting parties primarily com- cerned is reached in the negotiations, the provisions of paragraph 3 (6) of this Article shall apply. (c) If agreement between the contracting parties primarily cou. tions have been authorized, or within such longer period, as party may refer the matter to the Organization. (d) Upon such reference, the Organization shall promptly examine primarily concerned with the aim of achieving a settlement the applicant contracting party shall be free to modify E I ( ( 1 r C C. 8 t a FOREIGN ECONOMIC POLICIES 2993 ser- el th- ich LOD, the expiration of thirty days from the day on which written notice of such withdrawal is received by the Organization, substantially equivalent concessions initially negotiated with the applicant contracting party. 5. Before 1 January 1958 and before the end of any period en- visaged in paragraph 1 a contracting party may elect by notifying the Organization to reserve the right, for the duration of the next period, to modify the appropriate Schedule in accordance with the procedures of paragraphs 1 to 3. If a contracting party so elects, other contracting parties shall have the right, during the same period, to modify or withdraw, in accordance with the same procedures, concessions initially negotiated with that contracting party. der tis- SIX BW, ten Article XXIX ant 70 CA- 011- und 0 OD- ph 01- ia- S Tariff Negotiations 1. The contracting parties recognize that customs duties often constitute serious obstacles to trade; thus negotiations on a reciprocal and mutually advantageous basis, directed to the substantial reduction of the general level of tariffs and other charges on imports and exports and in particular to the reduction of such high tariffs as discourage the importation even of minimum quantities, and conducted with due regard to the objectives of this Agreement and the varying needs of individual contracting parties, are of great importance to the expansion of international trade.' The Organization may therefore sponsor such negotiations from time to time. 2. (a) Negotiations under this Article may be carried out on a selective product-by-product basis or by the application of such multilateral procedures as may be accepted by the contracting parties concerned. Such negotiations may be directed towards the reduction ing of duties, the binding of duties at then existing levels or undertakings that individual duties or the average duties on specified categories of inte products shall not exceed specified levels. The binding against increase of low duties or of duty-free treatment shall, in principle, be recognized as a concession equivalent in value to the reduction of high (6) The contracting parties recognize that in general the success of multilateral negotiations would depend on the participation of ed, all contracting parties which conduct a substantial proportion of their external trade with one another. 3. Negotiations shall be conducted on a basis which affords ed adequate opportunity to take into account: of (a) the needs of individual contracting parties and individual industries; 15 (b) the needs of less-developed countries for a more flexible use of tariff protection to assist their economic development and the special needs of these countries to maintain tariffs for revenue purposes; and ies nt. (0) ! duties. jas IS OD jes 9 TO hs he 415900—57T0l. 285 2994 AMERICAN FOREIGN POLICY, 1950–1955 tion, all contracting parties have been notified of the proposed amend 8 m m n 3. Any amendment to the schedules annexed to this Agreement which records rectifications of a purely formal character or modifica Article XVIII, Article XXIV, Article XXVII or Article XXVIII. shall become effective on the thirtieth day following certification to this effect by the Organization; Provided that prior to such certifies (c) all other relevant circumstances, including the fiscal , de velopmental, strategic and other needs of the contracting parties concerned. Article XXX Amendments 1. (a) Except as provided for in paragraph 3 of this Article amendments to the provisions of this Agreement shall be made in accordance with the provisions of this paragraph. (6) Amendments to the provisions of this Agreement shall be submitted to the contracting parties for acceptance in accordance with sub-paragraphs (c) and (d) below; Provided that such amend- ments have been approved by the Organization by a majority of two-thirds of the votes cast. (c) Amendments to the provisions of Part I of this Agreement or of this Article shall become effective on the thirtieth day following the day on which they have been accepted by all the contracting parties. C (d) Other amendments to this Agreement shall become effective in respect of those contracting parties which have accepted them on the thirtieth day following the day on which they have been accepted by two-thirds of the contracting parties, and thereafter for each other contracting party on the thirtieth day following the day to on which they have been accepted by it. A 2. (a) The Organization may decide that any amendment made P effective under paragraph 1 (d) of this Article is of such a nature that any contracting party which has not accepted it within a period specified by the Organization shall be free to withdraw from this Agreement or to remain a contracting party with the consent of the A Organization. 6) A withdrawal from this Agreement under sub-paragraph, (a) of this påragraph shall take effect upon the expiration of the sixtieth day following the day on which written notice of withdrawal is received by the Director-General of the Organization. A contracting party which, in the circumstances described in sub-paragraph () fails to accept the amendment or to give notice of withdrawal , sha . cease to be a contracting party upon the expiration of the period alle referred to in that sub-paragraph or on the sixtieth day following the th day on which the Organization shall have decided to withhold their 4 consent to the contracting party remaining a contracting party, of whichever date is the later. SU W. SO CO of FOREIGN ECONOMIC POLICIES 2995 de- ing ment and no objection has been raised, within thirty days of such notification by any contracting party, on the ground that the proposed amendments are not within the terms of this paragraph. Article XXXI cle , Withdrawal 10 Without prejudice to the provisions of paragraph 12 of Article be XVIII or of paragraph 2 of Article XXX, any contracting party Ice may withdraw from this Agreement, or may separately withdraw on od behalf of any of the separate customs territories for which it has inter- of national responsibility and which at the time possesses full autonomy in the conduct of its external commercial relations and of the other ent matters provided for in this Agreement. The withdrawal shall take effect ng upon the expiration of six months from the day on which written ung notice of withdrawal is received by the Director-General of the Organization Article XXXII Ive 21 en for LAT to de nat Contracting Parties 1. The contracting parties to this Agreement shall be understood mean those governments which are applying the provisions of this Agreement under Articles XXVI or XXXIII or pursuant to the Protocol of Provisional Application. 2. At any time after the entry into force of this Agreement pur- suant to paragraph 6 of Article XXVI, those contracting parties which have accepted this Agreement pursuant to paragraph 4 of Article XXVI may decide that any contracting party which has not 80 accepted it shall cease to be a contracting party. od his che th Article XXXIII ng all A Accession government not a contracting party to this Agreement may od accede thereto on terms to be agreed between such government and be the Organization; Provided that such government has accepted the * Agreement on the Organization for Trade Cooperation. Decisions of the Organization under this paragraph shall be taken by a majority comprising two-thirds of the contracting parties. nat Article XXXIV 1 1 Annexes tie of this Agreement. The annexes to this Agreement are hereby made an integral part 1 2996 AMERICAN FOREIGN POLICY, 1950–1955 S Certain of the territories listed above have two or more preferential ment with the other contracting parties which are principal supplier be less favourable to suppliers at the most favoured-nation rate the The imposition of an equivalent margin of tariff preference to replace clusively between two or more of the territories listed in this Annex or / following paragraph, shall not be deemed to constitute an increase in i The preferential arrangements referred to in paragraph 564/ Article XIV are those existing in the United Kingdom on 10 April 14 Article XXXV Non-application of the Agreement between particular Contracting Parties 1." This Agreement, or alternatively Article III of this Agree . ment shall not apply as between any contracting party and any other contracting party if: (a) the two contracting parties have not entered into tariff nego tiations with each other, and (6) either of the contracting parties, at the time either becomes a contracting party, does not consent to such application. 2. The Organization may review the operation of this Article in particular cases at the request of any contracting party and make appropriate recommendations. 1 ANNEX A LIST OF TERRITORIES REFERRED TO IN PARAGRAPH 2 (a) OF ARTICLE II United Kingdom of Great Britain and Northern Ireland Dependent territories of the United Kingdom of Great Britain and Northern Ireland Canada Commonwealth of Australia Dependent territories of the Commonwealth of Australia New Zealand II Dependent territories of New Zealand M Union of South Africa including South West Africa M Ireland N India Pakistan Southern Rhodesia Burma Ceylon rates in force for certain products. Any such territory may, by expert T B preferential rates a single preferential rate which shall not on the whole R the preferences in force prior to such substitution. , R margin of tariff preference. KUEEZEA EpäoZzcz pat es the C FOREIGN ECONOMIC POLICIES 2997 Netherlands, Kingdom of the mes Madagascar and Dependencies under contractual agreements with the Governments of Canada, Australia and New Zealand, in respect of chilled and frozen beef and ng veal , frozen mutton and lamb, chilled and frozen pork, and bacon. It is the intention, without prejudice to any action taken under subpara- pret graph (h) of Article XX, that these arrangements shall be eliminated ther or replaced by tariff preferences, and that negotiations to this end shall take place as soon as practicable among the countries substan- tially concerned or involved ego. The film hire tax in force in New Zealand on 10 April 1947, shall, for the purposes of this Agreement, be treated as a customs duty under Article II. The renters' film quota in force in New Zealand on 10 April 1947, shall, for the purposes of this Agreement, be treated as a screen quota under Article IV. 18 ke ANNEX B LIST OF TERRITORIES OF THE FRENCH UNION REFERRED TO IN PARAGRAPH 2 (6) OF ARTICLE II French Equatorial Africa (Treaty Basin of the Congo' and other territories) French West Africa Cameroons under French Trusteeship 1 French Somali Coast and Dependencies French Establishments in Oceania French Establishments in the Condominium of the New Hebrides 1 Indo-China Ell France and Morocco (French zone) New Caledonia and Dependencies Saint-Pierre and Miquelon Togo under French Trusteeship 1 Tunisia ret ANNEXO til LIST OF TERRITORIES OF THE CUSTOMS UNION OF BELGIUM, LUXEM- BURG AND THE NETHERLANDS REFERRED TO IN PARAGRAPH 2 (6) OF ARTICLE II The Belgium-Luxemburg Economic Union len ich tole 180 Belgian Congo Ruanda Urundi 306 esot New Guinea Surinam Netherlands Antilles Republic of Indonesia the 11 Customs Union. For imports into the metropolitan territories constituting the For imports into Metropolitan France and Territories of the French Union. 2998 AMERICAN FOREIGN POLICY, 1950–1955 1 1 THE PURPOSE OF MAKING THE DETERMINATION REFERRED TO IN If, prior to the accession of the Government of Japan to the General Agreement, the present Agreement has been accepted by contracting parties the external trade of which under column I accounts for the column I shall be applicable for the purposes of that paragraphy percentage of such trade specified in paragraph 6.of Article XXII. ANNEX D LIST OF TERRITORIES REFERRED TO IN PARAGRAPH 2 (6) OF ARTICLE || AS RESPECTS THE UNITED STATES OF AMERICA United States of America (customs territory) Dependent territories of the United States of America Republic of the Philippines The imposition of an equivalent margin of tariff preference to replace a margin of preference in an internal tax existing on 10 April 1847 exclusively between two or more of the territories listed in this Annex shall not be deemed to constitute an increase in a margin of tarif preference. ANNEX E LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS BETWEEN NEIGHBOURING COUNTRIES REFERRED TO IN PARAGRAPH 2 (d) OF ARTICLE II (i) Chile on the one hand, and 1. Argentina 2. Bolivia 3. Peru, on the other. (ii) Uruguay and Paraguay ANNEX F DATES ESTABLISHING MAXIMUM MARGINS OF PREFERENCE REFERRED TO IN PARAGRAPH 4 OF ARTICLE II Australia Canada France Union of South Africa Southern Rhodesia ANNEX G PERCENTAGE SHARES OF TOTAL EXTERNAL TRADE TO BE USED FOR ARTICLE XXVI (based on the average of 1949–1953) 15 October 1946 1 July 1939 1 January 1939 1 July 1938 1 May 1941 . ( FOREIGN ECONOMIC POLICIES 2999 the present Agreement has not been so accepted prior to the accession of the Government of Japan, column II shall be applicable for the purposes of that paragraph. LEI Column I Column II (Contracting parties (Contracting parties on 1 March 1955) on 1 March 1955 and Japan) olace 1947 nnes Farif 3. 1 0.9 4. 3 2. 5 0.3 6. 7 0,5 0.6 1.1 1.4 1.4 0.1 1.0 8.7 3.0 0.8 4. 2 2. 4 0.3 6. 5 0.5 0.6 1.1 1.4 1.4 0.1 1.0 8.5 ENTS ВАРН Australia. Austria Belgium-Luxemburg Brazil Burma Canada Ceylon Chile Cuba Czechoslovakia Denmark Dominican Republic Finland France. Germany, Federal Republic of Greece Haiti India Indonesia Italy Netherlands, Kingdom of the New Zealand Nicaragua Norway Pakistan Peru . Rhodesia and Nyasaland : Sweden Turkey Union of South Africa United Kingdom United States of America Uruguay Japan RED 5. 3 0.4 0.1 2.4 1.3 2. 9 4. 7 1.0 0.1 1.1 0.9 0.4 0.6 2. 5 0.6 1.8 20.3 20.6 0.4 5. 2 0.4 0.1 2. 4 1.3 2. 8 4. 6 1. 0 0.1 1.1 0.8 0.4 0.6 2. 4 0.6 1. 8 19.8 20. 1 0.4 2. 3 FOR IN ma 100.0 100.0 ang the 1 1 Note: These percentages have been computed taking into account the trade of all territories in respect of which the General Agreement on Tariffs and Trade is applied. 3000 AMERICAN FOREIGN POLICY, 1950–1955 P fc other than that under which importations of that product were ANNEX H NOTES AND SUPPLEMENTARY PROVISIONS Ad Article II Paragraph 1. The obligations incorporated in paragraph 1 of Article II by refer- ence to paragraphs 2 and 4 of Article IV and those incorporated in paragraph 2 (6) of Article III by reference to Article VI shall be considered as falling within Part IỈ for the purposes of the Protocollo Provisional Application. Paragraph 4. The term "margin of preference" means the absolute difference between the most-favoured-nation rate of duty and the preferential rate of duty for the like product, and not the proportionate relations between those rates. As examples: (1) If the most-favoured-nation rate were 36 per cent ad valorem and the preferential rate were 24 per cent ad valorem, the margin of preference would be 12 per cent ad valorem, and not one-third of the most-favoured-nation rate; (2) If the most-favoured-nation rate were 36 per cent ad valorem and the preferential rate were expressed as two-thirds of the most-favoured-nation rate, the margin of preference would be 12 per cent ad valorem; (3) If the most favoured-nation rate were 2 francs per kilogramme and the preferential rate were 1.50 francs per kilogramme, the margin of preference would be 0.50 francs per kilogramme. The following kinds of customs action, taken in accordance with established uniform procedures, would not be contrary to a binding of margins of preference: (i) The re-application to an imported product of a tariff classifies tion or rate of duty, properly applicable to such product , in cases in which the application of such classification or rate to such product was temporarily suspended or inoperative on April 10, 1947; and (ii) The classification of a particular product under a tarif item classified on April 10, 1947, in cases in which the tarif her clearly contemplates that such product may be classified under more than one tariff item. Ad Article III Paragraph 2 (b). See the note relating to paragraph 1 of Article II. genera re in er ir IE to A is vo. A estos. la in SE CO FOREIGN ECONOMIC POLICIES 3001 I er- - be Ce 18 ns Paragraph 4. The provisions of this paragraph will be applied in the light of the following: 1. The protection afforded through the operation of an import monop- oly in respect of products described in the appropriate schedule shall be limited by means of: (a) a maximum import duty that may be applied in respect of the product concerned; or (b) any other mutually satisfactory arrangement consistent with the provisions of this Agreement; any contracting party entering into negotiations with a view to concluding such arrangement shall afford to other interested contracting parties an oppor- tunity for consultation. 2. The import duty mentioned in 1 (a) above shall represent the margin by which the price charged by the import monopoly for the imported product (exclusive of internal taxes conforming to the provisions of Article IV, transportation, distribution, and other expenses incident to the purchase, sale or further processing, and a reasonable margin of profit) exceeds the landed cost; Provided that regard may be had to average landed costs and selling prices over recent periods; and Provided further that, where the product concerned is a primary commodity which is the subject of a domestic price stabilization arrangement, provisions may be made for adjust- ment to take account of wide fluctuations or variations in world prices, subject to agreement between the countries parties to the negotiations. Ad Article IV Any internal tax or other internal charge, or any law, regulation or requirement of the kind referred to in paragraph 1 which applies to an imported product and to the like domestic product and is collected or enforced in the case of the imported product at the time or point of importation, is nevertheless to be regarded as an internal tax or other internal charge, or a law, regulation or requirement of the kind referred to in paragraph 1, and is accordingly subject to the provisions of 07 rd em he be ne be th I 1 50 I Article IV. Paragraph 1. 11 8 T 1 The application of paragraph 1 to internal taxes imposed by local governments and authorities within the territory of a contracting party is subject to the provisions of the final paragraph of Article XXIV. The term "reasonable measures" in the last-mentioned paragraph would not require, for example, the repeal of existing national legis- lation authorizing local governments to impose internal taxes which, although technically inconsistent with the letter of Article IV, are not in fact inconsistent with its spirit, if such repeal would result in a serious financial hardship for the local governments or authorities concerned. With regard to taxation by local governments or au- party may require reasonable security (bond or cash deposit) for the st. li m on 80 in 2. It is recognized that, in the case of imports from a country which may exist in determining price comparability for the purposes on paragraph 1, and in such cases importing contracting parties mer! find it necessary to take into account the possibility that a strict comparison with doinestic prices in such a country may not always bt! 1. As in many other cases in customs administration, & contracting 3002 AMERICAN FOREIGN POLICY, 1950–1955 thorities which is inconsistent with both the letter and spirit of Article IV, the term "reasonable measures” would permit a contracting parte de pa to eliminate the inconsistent taxation gradually over a transition so period, if abrupt action would create serious administrative and financial difficulties. Paragraph 2. PE A tax conforming to the requirements of the first sentence of pare- graph 2 would be considered to be inconsistent with the provisions of the second sentence only in cases where competition was involved between, on the one hand, the taxed product and, on the other hand, P a directly competitive or substitutable product which was not sim. larly taxed. Paragraph 5. Regulations consistent with the provisions of the first sentence of paragraph 5 shall not be considered to be contrary to the provisions of P the second sentence in any case in which all of the products subject to the regulations are produced domestically in substantial quantities . A regulation cannot be justified as being consistent with the provisions of the second sentence on the ground that the proportion or amoun allocated to each of the products which are the subject of the regulation P. constitutes an equitable relationship between imported and domestie products. " Ad Article V Paragraph 5. With regard to transportation charges, the principle laid down it fra paragraph 5 refers to like products being transported on the same route under like conditions. Ad Article VI Paragraph 1. 1. Hidden dumping by associated houses (that is, the sale by a importer at a price below that corresponding to the price invoiced by an exporter with whom the importer is associated, and also below the di price in the exporting country) constitutes a form of price dumping with respect to which the margin of dumping may be calculated on a the basis of the price at which the goods are resold by the importer where all domestic prices are fixed by the State, special dificulties ta if fe appropriate. Paragraphs 2 and 3. X no a tr tr 0 m m DO FOREIGN ECONOMIC POLICIES 3003 and tion Paragraph 2. estic XV fully safeguard its position. national Monetary Fund, the provisions of paragraph 9 (a) of Article rtide payment of anti-dumping or countervailing duty pending final party determination of the facts in any case of suspected dumping or zition subsidization. 2. Multiple currency practices can in certain circumstances con- stitute a subsidy to exports which may be met by countervailing duties under paragraph 3 or can constitute a form of dumping by means of a partial depreciation of a country's currency which may be met by para: action under paragraph 2. By "multiple currency practices” is asd meant practices by governments or sanctioned by governments. olved and Paragraph 6 (6). şimi . Waivers under the provisions of this sub-paragraph shall be granted only on application by the contracting party proposing to levy an anti-dumping or countervailing duty, as the case may be. Ad Article VII 180 Paragraph 1. it to ties . The expression “or other charges” is not to be regarded as including Lions internal taxes or equivalent charges imposed on or in connection with bunt imported products. 1. It would be in conformity with Article VII to presume that "actual value” may be represented by the invoice price, plus any non-included charges for legitimate costs which are proper elements of "actual value” and plus any abnormal discount or other reduction in from the ordinary competitive price. 2. It would be in conformity with Article VII, paragraph 2 (6), for & contracting party to construe the phrase "in the ordinary course of trade ... under fully competitive conditions”, as excluding any transaction wherein the buyer and seller are not independent of each other and price is not the sole consideration. 3. The standard of "fully competitive conditions” permits a con- byl tracting party to exclude from consideration prices involving special the discounts limited to exclusive agents. ing 4. The wording of sub-paragraphs (a) and (b) permits a contracting no party to determine the value for customs purposes uniformly either 1) on the basis of a particular exporter's prices of the imported merchandise, or (2) on the basis of the general price level of like Ad Article VIII 1. While Article VIII does not cover the use of multiple rates of as such, paragraphs 1 and 4 condemn the use of exchange taxes or fees as a device for implementing multiple currency practices; f', however, a contracting party is using multiple currency exchange fees for balance of payments reasons with the approval of the Inter- 2. It would be consistent with paragraph 1 if, on the importation of oute 81 ich nd merchandise. A of exchange be 78 3004 AMERICAN FOREIGN POLICY, 1950-1955 alloi Amending the Preamble and Parts II and III of this Agreement. Hof-Progre for the application of the provisions of this sub-paragraph at the time alring VIII, Sections 2, 3 and 4 of the Articles of Agreement of the Intel- Article national Monetary Fund become applicable to contracting parties sontrol members of the Fund, the combined foreign trade of which const tutes at least fifty per centum of the aggregate foreign trade of sus expe It is agreed that paragraph 4 (e) does not add any new criteria for products from the territory of a contracting party into the territory dl another contracting party, the production of certificates of origin eternal should only be required to the extent that is strictly indispensable. skicti the b Ad Articles XI, XII, XIII and XIV g resti Throughout Articles XI, XII, XIII and XIV the terms import restrictions" or "export restrictions" include restrictions made effective through state-trading operations. fragra Nom Ad Article XI Paragraph 2 (c). T gove The term "in any form” in this paragraph covers the same products fer, in when in an early stage of processing and still perishable, which compete ate.co fith the directly with the fresh product and if freely imported would tend to make the restriction on the fresh product ineffective. Paragra Paragraph 2, last sub-paragraph. See 1 The term "special factors” include changes in relative productive aspar efficiency as between domestic and foreign producers, or as between different foreign producers, but not changes artificially brought about by means not permitted under the Agreement. Ad Article XII The Organization shall make provision for the utmost secrecy in the movide conduct of any consultation under the provisions of this Article Article Paragraph 3 (c) (i). Contracting parties applying restrictions shall endeavour to avoid paragra causing serious prejudice to exports of a commodity on which the One economy of a contracting party is largely dependent. Paragraph 4 (6). It is agreed that the date shall be within ninety days after the entry into force of the amendments of this Article effected by the Protond ever, should the Organization find that conditions were not suitable The envisaged, it may determine a later date; Provided that such data not more than thirty days after such time as the obligations of Artigia contracting parties. Paragraph 4 (e). ance of payments reasons. It is solely intended to ensure Paragra The reclud he field Paragra tacting utions termina hange prac Interns LAS OL to COD be than the co mport FOREIGN ECONOMIC POLICIES 3005 190 la practice, there is no appreciable departure from the intent of the is change action shall not be regarded as a violation of that Article if, teaternational Monetary Fund, requires payment to be received for Ulis exports in its own currency or in the currency of one or more mem- lio contravene Article XI or Article XIII. Another example would that of a contracting party which specifies on an import licence not of introducing any additional element of discrimination in its te country from which the goods may be imported, for the purpose psport licensing system but of enforcing permissible exchange controls. of a sternal factors such as changes in the terms of trade, quantitative strictions, excessive tariffs and subsidies, which may be contributing bthe balance of payments difficulties of the contracting party apply- ky restrictions will be fully taken into account. ort Ad Article XIII Pirograph 2 (d). No mention was made of "commercial considerations" as a rule for Hellocation of quotas because it was considered that its application governmental authorities might not always be practicable. More- to pret , in cases where it is practicable, a contracting party could apply ete ese considerations in the process of seeking agreement, consistently to fill the general rule laid down in the opening sentence of paragraph 2. Laragraph 4. See note relating to "special factors” in connection with the last ne al-paragraph of paragraph 2 of Article XI. Ad Article XIV The provisions of this paragraph shall not be so construed as to zelude full consideration by the Organization, in the consultations che povided for in paragraph 4 of Article XII and in paragraph 12 of sticle XVIII, of the nature, effects and reasons for discrimination in he field of import restrictions. One of the situations contemplated in paragraph 2 is that of a con- acting party holding balances acquired as a result of current trans- stions whică it finds itself unable to use without a measure of dis- Ad Article XV The word "frustrate” is intended to indicate, for example, that stingements of the letter of any Article of this Agreement by ex- ontrol operated in accordance with the Articles of Agreement of the a contracting party which, as part of its exchange en put Paragraph 1. i Paragraph mination, II 20 * wograph 4 1. lkticle. Thus, l I 3006 AMERICAN FOREIGN POLICY, 19.50-1955 8 me under such a system shall be subject to the provisions of paragraph 3 | The intention of paragraph 4 is that the contracting parties should seek before the end of 1957 to reach agreement to abolish all remaining subsidies as from 1 January 1958; or, failing this, to reach agreement to extend the application of the standstill until the earliest date thereafter of Ad Article XVI The exemption of an exported product from duties or taxes borne Pa by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not in excess of those co which have accrued, shall not be deemed to be a subsidy. jec Section B. tra 1. Nothing in Section B shall preclude the use by a contracting reg party of multiple rates of exchange in accordance with the Articles of Ar Agreement of the International Monetary Fund. 2. For the purposes of Section B, a "primary product" is understood to be any product of farm, forest or fishery, or any mineral, in its thi natural form or which has undergone such processing as is customarily required to prepare it for marketing in substantial volume in interme national trade. Pa Paragraph 3. 1. The fact that a contracting party has not exported the product elf in question during the previous representative period would not in the itself preclude that contracting party from establishing its right to obtain a share of the trade in the product concerned. of 2. A system for the stabilization of the domestic price or of the re- pre turn to domestic producers of a primary product independently o the movements of export prices, which results at times in the sale of Pe the product for export at a price lower than the comparable price charged for the like product to buyers in the domestic market, shall be considered not to involve a subsidy on exports within the meaning me of paragraph 3 if the Organization determines that: Po (a) the system has also resulted, or is so designed as to result, in the sale of the product for export at a price higher than the com. parable price charged for the like product to buyers in the of domestic market; and (b) the system is so 'operated, or is designed so to operate, either Po because of the effective regulation of production or otherwise , as not to stimulate exports unduly or otherwise seriously to ch prejudice the interests of other contracting parties. Notwithstanding such determination by the Organization, th: addition to the funds collected from producers in respect of the produce Pc concerned. Paragraph 4. AI po aco mt pa mi operations pa mi im to by which they can expect to reach such agreement. FOREIGN ECONOMIC POLICIES 3007 er markets. ICT in to imported product (exclusive of internal taxes within the purview of Ad Article XVII ne | Paragraph 1. The operations of Marketing Boards, which are established by se contracting parties and are engaged in purchasing or selling, are sub- ject to the provisions of sub-paragraphs (a) and (b). The activities of Marketing Boards which are established by con- tracting parties and which do not purchase or sell but lay down regulations covering private trade are governed by the relevant of Articles of this Agreement. The charging by a state enterprise of different prices for its sales of od & product in different markets is not precluded by the provisions of it this Article, provided that such different prices are charged for com- ily mercial reasons, to meet conditions of supply and demand in export Paragraph 1 (a). Governmental measures imposed to ensure standards of quality and efficiency in the operation of external trade, or privileges granted for the exploitation of national natural resources but which do not em- power the government to exercise control over the trading activities of the enterprise in question, do not constitute "exclusive or special privileges”. of of | Paragraph 1 (6). A country receiving a "tied loan” is free to take this loan into account as a "commercial consideration” when purchasing require- ng ments abroad. Paragraph 2. The term "goods” is limited to products as understood in com- mercial practice, and is not intended to include the purchase or sale Negotiations which contracting parties agree to conduct under this paragraph may be directed towards the reduction of duties and other charges on imports and exports or towards the conclusion of any other mutually satisfactory arrangement consistent with the provisions of 3 this Agreement. (See paragraph 4 of Article III and the note to that The term "import mark-up” in this paragraph shall represent the margin by which the price charged by the import monopoly for the Article IV, transportation, distribution, and other expenses incident to the purchase, sale or further processing, and a reasonable margin of profit) exceeds the landed cost. 0- ce al 1- je of services. e Paragraph 8. S 50 paragraph.) Paragraph 4 (b). 3008 AMERICAN FOREIGN POLICY, 1950–1955 The date referred to in paragraph 12 (6) shall be the date determined by the Organization in accordance with the provisions of paragraph Ad Article XVIII The Organization and the contracting parties concerned shall preserve the utmost secrecy in respect of matters arising under this Article. Paragraphs 1 and 4. 1. When they consider whether the economy of a contracting party "can only support low standards of living”, the Organization shall take into consideration the normal position of that economy and shall not base their determination on exceptional circumstances such as those which may result from the temporary existence of exceptionally favourable conditions for the staple export product or products of such contracting party. 2. The phrase "in the early stages of development” is not meant to apply only to contracting parties which have just started their eco- nomic development, but also to contracting parties the economies of which are undergoing a process of industrialization to correct an excessive dependence on primary production. Paragraphs 2, 3, 7, 13 and 22. The reference to the establishment of particular industries shal apply not only to the establishment of a new industry, but also to the establishment of a new branch of production in an existing in- dustry and to the substantial transformation of an existing industry , and to the substantial expansion of an existing industry supplying a relatively small proportion of the domestic demand. It shall also cover the reconstruction of an industry destroyed or substantially damaged as a result of hostilities or natural disasters. Paragraph 7 (6). A modification or withdrawal, pursuant to paragraph 7 (6), by a con- tracting party, other than the applicant contracting party, referred to in paragraph 7 (a), shall be made within six months of the day on which the action is taken by the applicant contracting party, and shall be come effective on the thirtieth day following the day on which such modification or withdrawal has been notified to the Organization. Paragraph 11. The second sentence in paragraph 11 shall not be interpreted to mean that a contracting party is required to relax or remove restarie tions if such relaxation or removal would thereupon produce cond- tions justifying the intensification or institution, respectively, of re- strictions under paragraph 9 of Article XVIII. Paragraph 12 (6). 4 (6) of Article XII of this Agreement. FOREIGN ECONOMIC POLICIES 3009 etv US Hy to CO- 2011 Organization has determined that the extent of the compensatory Paragraphs 13 and 14. all It is recognized that, before deciding on the introduction of a meas- is ure and notifying the Organization in accordance with paragraph 14, a contracting party may need a reasonable period of time to assess the competitive position of the industry concerned. Paragraphs 15 and 16. It is understood that the Organization shall invite a contracting all party proposing to apply a measure under Section C to consult with it pursuant to paragraph 16 if it is requested to do so by a contracting party the trade of which would be appreciably affected by the measure of in question. Paragraphs 16, 18, 19 and 22. 1. It is understood that the Organization may concur in a proposed of measure subject to specific conditions or limitations. If the measure as applied does not conform to the terms of the concurrence it will to that extent be deemed a measure in which the Organization has not concurred. In cases in which the Organization has concurred in a measure for a specified period, the contracting party concerned, if it al finds that the maintenance of the measure for a further period of time is required to achieve the objective for which the measure was orig- inally taken, may apply to the Organization for an extension of that J. period in accordance with the provisions and procedures of Section Cor D, as the case may be. 2. It is expected that the Organization will, as a rule, refrain from concurring in a measure which is likely to cause serious prejudice to exports of a commodity on which the economy of a contracting party is largely dependent. BE Paragraphs 18 and 22. to The phrase "that the interests of other contracting parties are ade- ch quately safeguarded” is meant to provide latitude sufficient to permit consideration in each case of the most appropriate method of safe- guarding those interests. The appropriate method may, for instance, take the form of an additional concession to be applied by the contract- ing party having recourse to Section C or D during such time as the deviation from the other Articles of the Agreement would remain in force or of the temporary suspension by any other contracting party referred to in paragraph 18 of a concession substantially equivalent to the impairment due to the introduction of the measure in question. Such contracting party would have the right to safeguard its interests through such a temporary suspension of a concession; Provided that this right will not be exercised when, in the case of a measure imposed d by a contracting party coming within the scope of paragraph 4 (a), the b concession proposed was adequate. to 1- 8 SO e- b 0 t - 415900--57-yol, 2-486 3010 AMERICAN FOREIGN POLICY, 1950–1955 The Organization and each contracting party concerned should arrange to conduct the negotiations and consultations with the greatest possible secrecy in order to avoid premature disclosure of details of 1 Resolutions Adopted by the Economic and Social Council During Its Fourth Paragraph 19. The provisions of paragraph 19 are intended to cover the cases where an industry has been in existence beyond the "reasonable period of time" referred to in the note to paragraphs 13 and 14, and should not be so construed as to deprive a contracting party coming within the scope of paragraph 4 (a) of Article XVIII, of its right to resort to the other provisions of Section C, including paragraph 17, with regard to a newly established industry even though it has benefited from inci- dental protection afforded by balance of payments import restrictions. Paragraph 21. Any measure taken pursuant to the provisions of paragraph 21 shall be withdrawn forthwith if the action taken in accordance with para- graph 17 is withdrawn or if the Organization concurs in the measure proposed after the expiration of the ninety-day time limit specified in paragraph 17. Ad Article XX Sub-paragraph (h). The exception provided for in this sub-paragraph extends to any commodity agreement which conforms to the principles approved by the Economic and Social Council in its Resolution 30 (IV) of 28 March 1947.1 Ad Article XXIV Paragraph 9. It is understood that the provisions of Article II would require that , when a product which has been imported into the territory of a mem- ber of a customs union or free-trade area at a preferential rate of duty is reexported to the territory of another member of such union or area, the latter member should collect a duty equal to the difference between the duty already paid and any higher duty that would be payable if the product were being imported directly into its territory. Paragraph 11. Measures adopted by India and Pakistan in order to carry out defin itive trade arrangements between them, once they have been agreed upon, might depart from particular provisions of this Agreement, but these measures would in general be consistent with the objectives the Agreement. Ad Article XXVIII Session From 28 February to 29 March 1947 (E/437), pp. 3-4. FOREIGN ECONOMIC POLICIES 3011 f t 2 2 o 1 2 1 1 1 prospective tariff changes. The Organization shall be informed im- mediately of all changes in national tariffs resulting from recourse to this Article. Paragraph 1 1. If the Organization specifies a period other than a three-year period, a contracting party may act pursuant to paragraph 1 or para- graph 3 of Article XXVIII on the first day following the expiration of such other period and, unless the Organization has again specified another period, subsequent periods will be three-year periods following the expiration of such specified period. 2. The provision that on 1 January 1958, and on other days deter- mined pursuant to paragraph 1, à contracting party "may modify or withdraw a concession" means that on such day, and on the first day after the end of each period, the legal obligation of such con- tracting party under Article III is altered; it does not mean that the changes in its customs tariff should necessarily be made effective on that day. If a tariff change resulting from negotiations undertaken pursuant to this Article is delayed, the entry into force of any com- pensatory concessions may be similarly delayed. 3. Not earlier than six months, nor later than three months, prior to 1 January 1958, or to the termination date of any subsequent period, & contracting party wishing to modify or withdraw any concession embodied in the appropriate Schedule, should notify the Organization to this effect. The Organization shall then determine the contracting party or contracting parties with which the negotiations or consulta- tions referred to in paragraph 1 shall take place. Any contracting party so determined shall participate in such negotiations or consulta- tions with the applicant contracting party with the aim of reaching agreement before the end of the period. Any extension of the assured life of the Schedules shall relate to the Schedules as modified after such negotiations, in accordance with paragraphs 1, 2 and 3 of Article XXVIII. If the Organization is arranging for multilateral tariff negotiations to take place within the period of six months before 1 January 1958, or before any other day determined pursuant to para- graph i, it shall include in the arrangements for such negotiations suitable procedures for carrying out the negotiations referred to in 4. The object of providing for the participation in the negotiations any contracting party with a principal supplying interest, in addi- tion to any contracting party with which the concession was initially negotiated, is to ensure that a contracting party with a larger share in the trade affected by the concession than a contracting party with which the concession was initially negotiated shall have an effective opportunity to protect the contractual right which it enjoys under this Agreement. On the other hand, it is not intended that the scope of the negotiations should be such as to make negotiations and agree- ment under Article XXVIII unduly difficult nor to create complica- tions in the application of this Article in the future to concessions which } f this paragraph. of 3012 AMERICAN FOREIGN POLICY, 1950–1955 result from negotiations thereunder. Accordingly, the Organization should only determine that a contracting party has a principal supply- ing interest if that contracting party has had, over a reasonable period of time prior to the negotiations, a larger share in the market of the applicant contracting party than a contracting party with which the concession was initially negotiated or would, in the judgment of the Organization, have had such a share in the absence of discriminatory quantitative restrictions maintained by the applicant contracting party. It would therefore not be appropriate for the Organization to determine that more than one contracting party, or in those exceptional cases where there is near equality more than two contracting parties, had a principal supplying interest. 5. Notwithstanding the definition of a principal supplying interest in note 4 to paragraph 1, the Organization may exceptionally deter- mine that a contracting party has a principal supplying interest if the concession in question affects trade which constitutes a major part of the total exports of such contracting party. 6. It is not intended that provision for participation in the negotia- tions of any contracting party with a principal supplying interest, and for consultation with any contracting party having a substantial in- terest in the concession which the applicant contracting party is seek- ing to modify or withdraw, should have the effect that it should have to pay compensation or suffer retaliation greater than the withdrawal or modification sought, judged in the light of the conditions of trade at the time of the proposed withdrawal or modification, making allow- ance for any discriminatory quantitative restrictions maintained by the applicant contracting-party. 7. The expression “substantial interest" is not capable of a precise definition and accordingly may present difficulties for the Organization. It is, however, intended to be construed to cover only those coll- tracting parties which have, or in the absence of discriminatory quantitative restrictions affecting their exports could reasonably be expected to have, a significant share in the market of the contracting party seeking to modify or withdraw the concession. Paragraph 4. 1. Any request for authorization to enter into negotiations shall be accompanied by all relevant statistical and other data. A decision on such request shall be made within thirty days of its submission. 2. It is recognized that to permit certain contracting parties, de- pending in large measure on a relatively small number of primary commodities and relying on the tariff as an important aid for furthering diversification of their economies or as an important source of revenue, normally to negotiate for the modification or withdrawal of concessions only under paragraph 1 of Article XXVIII, might cause them at such a time to make modifications or withdrawals which in the long run would prove unnecessary. To avoid such a situation the Organiza- tion shall authorize any such contracting party, under paragraph 4 to enter into negotiations unless they consider this would result in, on FOREIGN ECONOMIC POLICIES 3013 contribute substantially towards, such an increase in tariff levels as to threaten the stability of the Schedules to this Agreement or lead to undue disturbance of international trade. 3. It is expected that negotiations authorized under paragraph 4 for modification or withdrawal of a single item, or a very small group of items, could normally be brought to a conclusion in sixty days. It is recognized, however, that such a period will be inadequate for cases involving negotiations for the modification or withdrawal of a larger number of items and in such cases, therefore, it would be appropriate for the Organization to prescribe a longer period. 4. The determination referred to in paragraph 4 (d) shall be made by the Organization within thirty days of the submission of the matter to it, unless the applicant contracting party agrees to a longer period. 5. In determining under paragraph 4 (d) whether an applicant con- tracting party has unreasonably failed to offer adequate compensation, it is understood that the Organization will take due account of the special position of a contracting party which has bound a high propor- tion of its tariffs at very low rates of duty and to this extent has less scope than other contracting parties to make compensatory adjustment. Ad Article XXIX Paragraph 3. It is understood that the reference to fiscal needs would include the revenue aspect of duties and particularly duties imposed primarily for revenue purposes or duties imposed on products which can be substi- tuted for products subject to revenue duties to prevent the avoidance of such duties, Ad Article XXX The acceptance of amendments pursuant to this paragraph shall be in such form as may be determined by the Organization. Ad Article XXXIII Similarly, a government, acting on behalf of a separate customs territory possessing full autonomy in the conduct of its external com- mercial relations and of other matters provided for in this Agreement, may accede to this Agreement on behalf of that territory on terms applicable thereto. 3014 AMERICAN FOREIGN POLICY, 1950-1955 GENERAL Cong., 2d sess., pp. 93-107. On the basis of the Randall Report (see supra, doc. called for the renegotiation of the organizational and operational provisions of GATT. His message of Jan. 10, 1955 (supra, doc. 6) was in the same vein. On Apr. 14, 1955, the President requested legislation authorizing U.S. membership in the Organization for Trade Cooperation; Department of State Bulletin, Apr. of Jan. 24, 1956, transmitting to Congress the Economic Report of the President; The agreement, however, has not entered 8. ORGANIZATION FOR TRADE COOPERATION (OTC): Agree. ment Between the Contracting Parties to the General Agreement on Tariffs and Trade, March 10, 1955 1 PART I Article 1-Establishment. The Organization for Trade Cooperation (hereinafter referred to as "the Organization'') is hereby established to further, as provided for in the General Agreement and herein, the achievement of the purposes and objectives set forth in the General Agreement on Tarifis and Trade ? (herein referred to as "the General Agreement"). Article 2—Membership. The Members of the Organization shall be the contracting parties to the General Agreement. Governments which become or cease to be contracting parties to the General Agreement shall become or cease to be Members of the Organization. The Organization may, by a two-thirds majority of the votes cast, invite governments which are not or which cease to be contracting parties to the General Agree- ment to participate in such activities of the Organization and on such terms as it shall decide; Provided that in no case shall such participa- tion involve the right to vote or to be counted in determining the fulfilment of the relevant voting requirements when the Organization is exercising any function relating directly to the General Agreement . Article 3-Functions. (a) The Organization shall administer the General Agreement and generally facilitate the operation of that Agreement. (b) In addition, the Organization shall have the following func- tions: (i) to facilitate intergovernmental consultations on relating to international trade; (ii) to sponsor international trade negotiations; 1 General Agreement on Tariffs and Trade: Basic Instruments and Selected Doc uments, vol . I" (Revised), Texts of the General Agreement as Amended, and of the Agreement on the Organization for Trade Cooperation (Geneva, the Contracting Department of State Bulletin, Apr. 4, 1955, pp. 579-582; 'H. Rept. No. 2007, 84th State of the Union Message of Jan. 5, 1956 (supra, pp. 129–133), and in a les H. Doc. 280, 84th Cong., 2d sess. into force (as of June 15, 1956). Agreement of Oct. 30, 1947, as amended Mar. 10, 1955; supra. questions 2 FOREIGN ECONOMIC POLICIES 3015 1 (iii) to study questions of international trade and commercial policy and, where appropriate, make recommendations thereon; (iv) to collect, analyze and publish information and statistical data relating to international trade and commercial policy, due regard being paid to the activities in this field of other international bodies. . (c) The Organization shall, in carrying out these functions, en- deavour to give full effect to the provisions of Article 1 of this Agree- ment. (d) The Organization shall have no authority to amend the pro- visions of the General Agreement; no decision or other action of the Assembly or any subsidiary body of the Organization shall have the effect of imposing on a Member any new obligation which the Member has not specifically agreed to undertake. } PART II 1 STRUCTURE AND ADMINISTRATION OF THE ORGANIZATION 7 1 1 Article 4-Structure in General. The Organization shall have an Assembly, an Executive Committee and a Secretariat. Article 5-The Assembly. (a) The Assembly shall consist of all the Members of the Organ- ization (6) It shall be the responsibility of the Assembly to carry out the functions of the Organization. (C) The Assembly shall determine the seat of the Organization. (d) The Assembly shall meet in regular annual session and in such special sessions as may be convened in accordance with the rules of procedure. (@) The Assembly shall establish its own rules of procedure and shall approve the rules of procedure of the Executive Committee and of any other subsidiary body. Article 6—The Executive Committee. (a) The Executive Committee shall consist of seventeen Members of the Organization elected periodically by the Assembly. Each election shall be for a single term and each Member shall be eligible for re-election. In such elections, the Assembly shall be guided by the following criteria: (i) the Executive Committee shall include the five Members of chief economic importance, in the determination of which particular regard shall be paid to their shares in international trade: (ii) the Executive Committee shall be representative of the broad geographical areas to which the Members belong; 3016 AMERICAN FOREIGN POLICY, 1950–1955 procedure may require that parties to a dispute shall abstain from (a) At meetings of the Assembly each Member of the Organization shall be entitled to have one vote and, except as otherwise provided sidiary bodies shall have one vote therein; Provided that the rules of (iii) the Executive Committee shall be representative of different degrees of economic development, different types of economies and different economic interests. (6) The Executive Committee shall exercise the powers and per- form the duties assigned to it by the Assembly by a majority of two-thirds of the votes cast. Decisions or recommendations of the Executive Committee shall be subject to a right of appeal to the Assembly by any Member in accordance with rules to be prescribed by the Assembly (c) Any Member of the Organization which is not a member of the Executive Committee shall be entitled to participate, without the right to vote, in the discussion by the Executive Committee of any matter of concern to it. Article 7-The Secretariat. (a) The Assembly shall appoint a Director-General as chief admin- istrative officer of the Organization. The powers, duties, conditions of service and term of office of the Director-General shall conform to regulations approved by the Assembly. (6) The Director-General or his representative shall be entitled to participate, without the right to vote, in all meetings of the Assem- bly and subsidiary bodies of the Organization. (c) The Director-General shall appoint the members of the staf and shall fix their duties and conditions of service in accordance with regulations approved by the Assembly. (d) The selection of the members of the staff shall as far as possible be made on a wide geographical basis and with due regard to the various types of economy represented by Member countries. The paramount consideration in the selection of candidates and in deter- mining the conditions of service of the staff shall be the necessity of securing the highest standards of efficiency, competence, impartiality and integrity. (e) The responsibilities of the Director-General and of the members of the staff shall be exclusively international in character. In the discharge of their duties, they shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials. The Members shall re- spect the international character of the responsibilities of these persons and shall not seek to influence them in the discharge of their duties Article 8—Voting. Assembly shall be taken by a majority of the votes cast. (6) Each member of the Executive Committee and of other sub 1 1 i 1 FOREIGN ECONOMIC POLICIES 3017 ons EM- ent lies Article 9-Budget and Contributions. (a) The Director-General shall present to the Assembly, through the Executive Committee, the annual budget estimates and financial Oer- of statement of the Organization. The Assembly shall approve the ac- the counts and the budget. the (b) The Assembly shall apportion the expenditures of the Organi- bedzation among the Members, in accordance with a scale of contribu- tions to be fixed by the Assembly, and each Member shall contribute the promptly to the Organization its share of these expenditures. the (c) If a Member is in arrears in the payment of its contributions by any an amount which equals or exceeds the amount of contributions due from it in respect of the preceding two completed financial years, the Member shall have no vote, and shall not be counted in the determining of the fulfilment of the relevant voting requirements, in the organs nin- of the Organization. If the Assembly is satisfied that the failure to pay is due to circumstances beyond the control of the Member, it may, to nevertheless, permit such a Member to vote, and then such Member shall be counted accordingly. cled | Article 10—Status. (a) The Organization shall have legal personality. aft . (6) The Organization shall enjoy in the territory of each of the rith Members such legal capacity, privileges and immunities as may be necessary for the exercise of its functions. Eble (c ) The representatives of the Members, and the officials of the the Organization shall similarly enjoy such privileges and immunities as The may be necessary for the independent exercise of their functions in ter- connection with the Organization. (d) The privileges and immunities to be accorded by a Member to lity the Organization, to its officials and to the representatives of its Members shall be similar to those accorded by that Member to spe- cialized agencies of the United Nations, to their officials and to the the representatives of their members, under the Convention on the Privileges and Immunities of the Specialized Agencies, or under similar arrangements. Fect Article 11-Relations with other Organizations. (a) The Organization shall make arrangements with intergovern- mental bodies and agencies which have related responsibilities to provide for effective cooperation and the avoidance of unnecessary duplication of activities. (6) In pursuance of the provisions of the preceding paragraph, ded the Organization may, by an agreement approved by the Assembly be brought into relationship with the United Nations, as one of the specialized agencies referred to in Article 57 of the Charter of the () The Organization may make suitable arrangements for con- sultation and cooperation with non-governmental organizations con- cerned with matters within the scope of the Organization. of pers ONS the re- Ons es. ior the ub- United Nations. S of Com 3018 AMERICAN FOREIGN POLICY, 1950-1955 SPECIAL PROVISIONS RELATING TO THE ADMINISTRATION OF THE GENERAL AGREEMENT and shall make appropriate recommendations to the contracting / mental organization in cases where it considers such consultation (6) If the Organization considers that the circumstances are serious or parties to suspend the application to any other contracting party Agreement as it determines to be appropriate in the circumstances If the application to any contracting party of any concession or other obligation is in fact suspended, that contracting party shall then be free, not later than sixty days after such action is taken, to give written notice to the Director-General of the Organization of its intention to withdraw from the General Agreement and such wit/ PART III Article 12--Administration in General. The Organization shall give effect to those provisions of the General Agreement which provide for action by the Organization, and shall carry out such other activities in relation to the General Agreement which involve joint action. This shall include the taking of decisions the sponsorship of negotiations and consultations, the conduct of studies, the circulation of proposals and the receipt of reports, in any case in which such action is required or appropriate to carry out the purposes of the General Agreement. Article 13-Waivers in Exceptional Circumstances. In exceptional circumstances, not elsewhere provided for in this Agreement, nor provided for in the General Agreement, the Assembly may waive an obligation imposed upon a contracting party by the General Agreement; Provided that any such decision shall be approved by a two-thirds majority of the votes cast and that such majority shall comprise more than half of the Members. The Assembly map also by such a vote (i) define certain categories of exceptional cs cumstances to which other voting requirements shall apply for the waiver of obligations imposed by the General Agreement upon & contracting party thereto, and (i) prescribe such criteria as may be necessary for the application of this Article. Article 14—Nullification and Impairment. (a) If a claim that a benefit accruing directly or indirectly under the General Agreement is being nullified or impaired, attainment of any objective of that Agreement is being impeded, referred to the Organization in accordance with the provisions of the Agreement, the Organization shall promptly investigate the mater parties to the General Agreement which it considers to be concerned or give a ruling on the matter, as appropriate. The Organization me consult with contracting parties, with the Economic and Socia Council of the United Nations, and with any appropriate intergovern necessary. enough to justify such action, it may authorize a contracting para or that the ។ FOREIGN ECONOMIC POLICIES 3019 BE ons, OTHER PROVISIONS mar cir- r the ON & y be provisions of Article 102 of the Charter of the United Nations. drawal shall take effect on the sixtieth day following the day on which such notice is received by him. Article 15—Continued Application of Provisions of this Part. The Members shall not, acting as contracting parties to the General Agreement, amend the General Agreement so as to provide therein neral shall for procedures, other than consultation, negotiation or recommenda- tion, applicable to the general situations to which Articles 13 and ment 14 relate. ct of PART IV ADT t the Article 16-Amendments. Amendments to this Agreement shall become effective, in respect this of those Members which accept them, upon acceptance by two-thirds mbly of the Members of the Organization and thereafter in respect of each - the other Member upon acceptance by it. oved Article 17–Entry into Force. ority (a) This Agreement shall be deposited, subject to the provisions of Article 21, with the Director-General of the Organization. (6) This Agreement shall be opened at Geneva on 10 March 1955 for acceptance, by signature or otherwise, by contracting parties to the General Agreement and by any other government which has, in accordance with such rules of procedure as may be established by the Organization, notified the Director-General of its intention to accede. C) Without prejudice to the principle laid down in Article 2, this under Agreement shall enter into force, as among those governments which are then contracting parties to the General Agreement and which di have accepted this Agreement, on the thirtieth day following the day on which it has been accepted by governments named in the Annex to this Agreement the territories of which account for 85 per centum of the total external trade of the territories of such governments, med computed in accordance with the appropriate column of percentage set forth therein. This Agreement shall enter into force for each other government which is a contracting party to the General Agree- ment on the thirtieth day following the day on which it has been accepted thereby. It shall enter into force for each other government which has accepted it when such government accedes to the General Agreement. parts Article 18-Notification and Registration. (a) The Director-General of the Organization shall promptly fur- nish a certified copy of this Agreement and a notification of its entry into force, and of each acceptance thereof, to each contracting party to the General Agreement. (6) This Agreement shall be registered in accordance with the i the that atter ctin! тал Ocial Tert- rious part neri/ ACAS Other in be SITE of its with 3020 AMERICAN FOREIGN POLICY, 1950-1955 If, prior to the accession of the Government of Japan to the General Agreement, the present Agreement has been accepted by contracting column I shall be applicable for the purposes of that paragraph. I 1 See General Agreement on Tariffs and Trade: Final Act and Instruments Adopted at the Ninth Session of the Contracting Parties (Geneva, the Contracting Parties to the General Agreement on Tariffs and Trade, Mar. 10, 1955), pp. 163–169. PART V TRANSITIONAL PROVISIONS Article 19—Relation to Amendments to the General Agreement. If this agreement enters into force before the entry into force of amendments to the General Agreement contained in the Protocol of Organizational Amendments to the General Agreement on Tariffs and Trade dated 10 March 1955, this Agreement shall, until the entry into force of such amendments, be applied as if all references in the General Agreement to "the CONTRACTING PARTIES” were references to the Organization. Article 20-Provisional Application. Without prejudice to the principle laid down in Article 2, if by 15 November 1955 this Agreement shall not have entered into force pu nt to paragraph (c) of Article 17, those governments, being contracting parties to the General Agreement, which are prepared to do so may nevertheless decide to apply it; Provided that the territories of such governments account for the percentage of trade required for the entry into force of this Agreement under paragraph (c) of Article 17. Article 21— Temporary Exercise of Depository Functions: Pending the entry into force of this Agreement, the title “Director- General of the Organization” in paragraph (6) of Article 14, para- graphs (a) and (6) of Article 17 and paragraph (a) of Article 18, shall read "Executive Secretary to the CONTRACTING PARTies to the General Agreement”. IN WITNESS WHEREOF the respective representatives, duly author- ized to that effect, have signed the present Agreement. Done at Geneva, in a single copy, in the English and French languages, both texts authentic, this tenth day of March, one thousand nine hundred and fifty-five. ANNEX PERCENTAGE SHARES OF TOTAL EXTERNAL TRADE TO BE USED FOR TEE DETERMINATION REFERRED TO IN (based on the average of 1949–1953) percentage of such trade specified in paragraph (C) of Article 17 MAKING THE PURPOSE OF ARTICLE 17 FOREIGN ECONOMIC POLICIES 3021 of of IS y 28 DY ce ng to es or 7. the present Agreement has not been so accepted prior to the accession of the Government of Japan, column II shall be applicable for the purposes of that paragraph. Column I Column II (Contracting parties (Contracting parties on 1 March 1955) on 1 March 1955 and Japan) Australia 3. 1 3. O Austria 0.9 0.8 Belgium-Luxemburg 4. 3 4. 2 Brazil 2. 5 2. 4 Burma. 0.3 0.3 Canada 6. 7 6. 5 Ceylon 0.5 0.5 Chile. 0.6 0.6 Cuba. 1.1 1.1 Czechoslovakia 1.4 1.4 Denmark. 1.4 1.4 Dominican Republic 0.1 0.1 Finland 1.0 1. 0 France, 8. 7 8.5 Germany, Federal Republic 5. 3 5. 2 Greece 0.4 0.4 Haiti 0.1 0.1 India 2.4 2.4 Indonesia 1.3 Italy 2. 9 2.8 Netherlands, Kingdom of the 4. 7 4.6 New Zealand : 1.0 1.0 0.1 0.1 1.1 1.1 0.9 0.8 0.4 0.4 Rhodesia and Nyasaland : 0.6 0.6 2. 5 2.4 0.6 0.6 Union of South Africa 1.8 1.8 20.3 19.8 United States of America 20.6 20. 1 0.4 0.4 2. 3 of . - 8- all he 1.3 I ch ld Nicaragua Norway Pakistan Peru . IE Sweden. Turkey. United Kingdom. 81 Uruguay Japan 18 18 7. [ 100.0 100.0 el Note: These percentages have been computed taking into account the trade of all territories in respect of which the General Agreement on Tariffs and Trade is applied. 3022 AMERICAN FOREIGN POLICY, 1950-1955 9. TRADE AGREEMENTS EXTENSION ACT OF 1955: Public Law 86 (84th Congress, 1st Session), June 21, 1955 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Trade Agreements Extension Act of 1955". SEC. 2. The period during which the President is authorized to enter into foreign trade agreements under section 350 of the Tariff Act of 1930,as amended (19 U. S. C., sec. 1351), is hereby extended from June 12, 1955, until the close of June 30, 1958. SEC. 3. (a) Subsection (a) of section 350 of the Tariff Act of 1930, as amended (19 U.S. C., sec. 1351 (a)), is hereby amended to read as follows: “(a) (1) For the purpose of expanding foreign markets for the products of the United States (as a means of assisting in establishing and maintaining a better relationship among various branches of American agriculture, industry, mining, and commerce) by regų. lating the admission of foreign goods into the United States in accord- ance with the characteristics and needs of various branches of Ameri- can production so that foreign markets will be made available to those branches of American production which require and are capable of developing such outlets by affording corresponding market oppor- tunities for foreign products in the United States, the President, when- ever he finds as a fact that any existing duties or other import restric- tions of the United States or any foreign country are unduly burden- ing and restricting the foreign trade of the United States and that the purpose above declared will be promoted by the means hereinafter specified, is authorized from time to time- “(A) To enter into foreign trade agreements with foreign governments or instrumentalities thereof: Provided, that the enactment of the Trade Agreements Extension Act of 1955 shal not be construed to determine or indicate the approval or dis- approval by the Congress of the executive agreement known as the General Agreement on Tariffs and Trade. "(B) To proclaim such modifications of existing duties and other import restrictions, or such additional import restrictions , or such continuance, and for such minimum periods, of existing customs or excise treatment of any article covered by foreign trade agreements, as are required or appropriate to carry out any foreign trade agreement that the President has entered into hereunder. “(2) No proclamation pursuant to paragraph (1) (B) of this sub section shall be made- " (A) Increasing by more than 50 per centum any rate of duty existing on January 1, 1945. “(B) Transferring any article between the dutiable and free lists. of pai prc sh2 3 prc 11 D ī 1 1 69 Stat. 162. 2 Act of June 17, 1930; 46 Stat. 590. 3 Agreement of Oct. 36, 1947, as amended Mar. 10, 1955; supra., doc. 7. FOREIGN ECONOMIC POLICIES 3023 119 Fed. Reg. 7379-7386. been in effect for a period or periods aggregating not less than "(C) In order to carry out a foreign trade agreement entered into by the President before June 12, 1955, or with respect to which notice of intention to negotiate was published in the Federal Register on November 16, 1954, decreasing by more than 50 per centum any rate of duty existing on January 1, 1945. " (D) In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, decreasing (except as provided in subparagraph (C) of this paragraph) any rate of duty below the lowest of the following rates: “(i) The rate 15 per centum below the rate existing on January 1, 1955. (ii) In the case of any article subject to an ad valorem rate of duty above 50 per centum (or a combination of ad val- orem rates aggregating more than 50 per centum), the rate 50 per centum ad valorem (or a combination of ad valorem rates aggregating 50 per centum). In the case of any article subject to a specific rate of duty (or a combination of rates including a specific rate) the ad valorem equivalent of which has been determined by the President to have been above 50 per centum during a period determined by the President to be a representative period, the rate 50 per centum ad valorem or the rate (or a combination of rates), however stated, the ad valorem equivalent of which the Presi- dent determines would have been 50 per centum during such period. The standards of valuation contained in section 402 of this Act (as in effect during the representative period) shall be utilized by the President, to the maximum extent he finds such utilization practicable, in making the determina- tions under the preceding sentence, “(3) (A) Subject to the provisions of subparagraphs (B) and (C) of this paragraph, the provisions of any proclamation made under paragraph (i) (B) of this subsection, and the provisions of any proclamation of suspension under paragraph (4) of this subsection, shall be in effect from and after such time as is specified in the "(B) In the case of any decrease in duty to which paragraph (2) "(i) if the total amount of the decrease under the foreign trade agreement does not exceed 15 per centum of the rate existing on January 1, 1955, the amount of decrease becoming initially effec- tive at one time shall not exceed 5 per centum of the rate existing "(ü) except as provided in clause (i), not more than one-third of the total amount of the decrease under the foreign trade agree- ment shall become initially effective at one time; and (iii) no part of the decrease after the first part shall become initially effective until the immediately previous part shall have proclamation. (D) of this subsection applies-- on January 1, 1955; one year. 3024 AMERICAN FOREIGN POLICY, 1950–1955 O 1 "(1) In order to carry out a foreign trade agreement entered “(2) In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, below the appli- cable alternative specified in subsection (a) (2) (C) or (D) (sub- '(C) No part of any decrease in duty to which the alternative speci- fied in paragraph (2) (D) (i) of this subsection applies shall become initially effective after the expiration of the three-year period which begins on July 1, 1955. If any part of such decrease has become effec- tive, then for purposes of this subparagraph any time thereafter dur- ing which such part of the decrease is not in effect by reason of legis- lation of the United States or action thereunder shall be excluded in determining when the three-year period expires. “(D) If (in order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955) the President deter- mines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed any limitation specified in paragraph (2) (C) or (D) of this subsection or subpara- graph (B) of this paragraph by not more than whichever of the following is lesser: "(i) The difference between the limitation and the next lower whole number, or “(ii) One-half of 1 per centum ad valorem. In the case of a specific rate (or of a combination of rates which in- cludes a specific rate), the one-half of 1 per centum specified in clause (ii) of the preceding sentence shall be determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purposes of paragraph (2) (D) (ii) of this subsection. “(4) Subject to the provisions of section 5 of the Trade Agreements Extension Act of 1951 (19 U.S.C., sec. 1362), duties and other im se lot port restrictions proclaimed pursuant to this section shall apply to articles the growth, produce, or manufacture of all foreign countries, whether imported directly or indirectly: Provided, That the Presidente shall, as soon as practicable, suspend the application to articles the un growth, produce, or manufacture of any country because of its dis on Ob criminatory treatment of American commerce or because of other tus acts (including the operations of international cartels) or policies which in his opinion tend to defeat the purpose of this section foi "(5) The President may at any time terminate, in whole or in int part, any proclamation made pursuant to this section.” (b) The last sentence of section 350 (b) of the Tariff Act of 1930 , as amended (19 U. S. C., sec. 1351 (b)), is hereby amended to read as ce follows: "No rate of duty on products of Cuba shall be decreased- och into by the President before June 12, 1955, by more than 50 per centum of the rate of duty existing on January 1, 1945, with re ор spect to products of Cuba. ch ag un OR 1 ter an } each such alternative to be read for the purposes of this parts (a) im Pri 1 Act of June 16, 1951 (65 Stat. 72); supra, doc. 1. FOREIGN ECONOMIC POLICIES 3025 le ch EC- IT IS- in OD 4- Fer ise ter m nis President, including any dissenting or separate findings and recom- ci- graph as relating to the rate of duty applicable to products of Cuba. With respect to products of Cuba, the limitation of sub- section (a) (2) (D) (ii) may be exceeded to such extent as may be required to maintain an absolute margin of preference to which such products are entitled." (C) Subsection (c) of section 350 of the Tariff Act of 1930, as amended (19 U. S. C., sec. 1351 (c)), is hereby amended by inserting ed "(1)" after "(c)”, by striking out "(1)” and inserting in lieu thereof er "A)", by striking out “(2)" and inserting in lieu thereof "(B)”, and nt by adding at the end thereof the following new paragraph: "(2) For purposes of this section--- "(A) Except as provided in subsection (d), the terms 'exist- he ing on January 1, 1945' and 'existing on January 1, 1955' refer to rates of duty (however established, and even though tempo- rarily suspended by Act of Congress or otherwise) existing on the date specified, except rates in effect by reason of action taken pursuant to section 5 of the Trade Agreements Extension Act of 1951 (19 U. S. C., sec. 1362). "(B) The term 'existing' without the specification of any date, when used with respect to any matter relating to the conclusion of, or proclamation to carry out, a foreign trade agreement, means existing on the day on which that trade agreement is entered into." (d) Section 350 of the Tariff Act of 1930, as amended (19 U. S. C., o sec. 1351), is hereby amended by adding at the end thereof the fol- to lowing new subsection: es "le) (1) The President shall submit to the Congress an annual ent report on the operation of the trade agreements program, including he information regarding new negotiations, modifications made in duties is and import restrictions of the United States, reciprocal concessions obtained, modifications of existing trade agreements in order to effec- jes tuate more fully the purposes of the trade agreements legislation (in- cluding the incorporation therein of escape clauses), and other in- 11 formation relating to that program and to the agreements entered 30, "(2) The Tariff Commission shall at all times keep informed con- 15 cerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade pod agreements heretofore or hereafter entered into by the President under the authority of this section. The Tariff Commission, at least re- once a year, shall submit to the Congress a factual report on the operation of the trade-agreements program.” ed SEC. 4. Subsection (b) of section 6 of the Trade Agreements Ex- tension Act of 1951, as amended (19 U.S.C., sec. 1363 (b)), is hereby be amended by striking out the second sentence thereof. Sec. 5. The last sentence of subsection (a) of section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U. S. C., sec. 1364 is amended to read as follows: "The Tariff Commission shall immediately make public its findings and recommendations to the ats jer + into thereunder. jer y ) .8 415900_57_Vol. 2 -87 3026 AMERICAN FOREIGN POLICY, 1950-1955 9S O the article is being imported into the United States in such quantities as to threaten to impair the national security, he shall take such action mendations, and shall cause a summary thereof to be published in the Federal Register.” SEC. 6. (a) Subsection (b) of section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U. S. C., sec. 1364 (b)), is amended by adding at the end thereof the following: "Increased imports, either actual or relative, shall be considered as the cause or threat of serious injury to the domestic industry producing like or directly competitive products when the Commission finds that such increased imports have contributed substantially towards causing or threatening serious injury to such industry.” (b) Section 7 of the Trade Agreements Extension Act of 1951, amended (19 U. S. C., sec. 1364), is amended by adding at the end thereof the following new subsection: “(e) As used in this Act, the terms 'domestic industry producing like or directly competitive products' and 'domestic industry producing like or directly competitive articles' mean that portion or subdivision of the producing organizations manufacturing, assembling, processing , extracting, growing, or otherwise producing like or directly competi- tive products or articles in commercial quantities. In applying the preceding sentence, the Commission shall (so far as practicable) dis- tinguish or separate the operations of the producing organizations involving the like or directly competitive products or articles referred to in such sentence from the operations of such organizations involving other products or articles." SEC. 7. Section 2 of the Act entitled "An Act to extend the authority of the President to enter into trade agreements under section 350 of the Tariff Act of 1930, as amended”, approved July 1, 1954" (2 A U. S. C., sec. 1352a), is hereby amended by inserting “(a)" after "SEC. 2." and by adding at the end thereof a new subsection as follows: B “(b) In order to further the policy and purpose of this section , 0] whenever the Director of the Office of Defense Mobilization has reason to believe that any article is being imported into the United States in such quantities as to threaten to impair the national security he shall so advise the President, and if the President agrees is reason for such belief, the President shall cause an immediate investigation to be made to determine the facts. If, on the basis o such investigation, and the report to him of the findings and recom mendations made in connection therewith, the President finds that as he deems necessary to adjust the imports of such article to a that will not threaten to impair the national security." C b SE 00 th 이명 ​re m that there at SU m tr be th level VE be fu 1 68 Stat. 360. by Pr U FOREIGN ECONOMIC POLICIES 3027 1 Report of the Joint Committee on the Economic Report to the Congress of the United States (S. Rept. No. 1312, 84th Cong., 2d sess.), pp. 30–32. 2 See supra, doc. 8. II 10. FOREIGN ECONOMIC POLICY: Recommendations of the Joint Congressional Committee on the Economic Report, January 5, 1956 1 ats is ed Or or ch OT 9.S nd ng ng OD 1 IS- ODS 1. The President must continue to coordinate the diverse interests represented in the executive branch, and bear responsibility for for- eign economic policy within that arm of Government. In the nature of our constitutional practices, there is not the same opportunity in the Congress for centralized coordination of all foreign economic policy, viewed in the broad sense. This puts a special responsibility upon individual members, the party leadership, and the standing com- mittees of the Congress to consider the impact of their legislative pro posals and their speeches on both home opinion and foreign behavior. 2. We should keep in mind in greater degree the psychological im- pact, as well as the purely economic, of domestic decisions which affect our foreign economic relations. We should keep in mind that our The day-to-day actions often speak much louder than do pronouncements of overall good intentions, with consequent effect on the attitudes and che behavior of friendly nations with whom we must cooperate in our own interest. ced 3. The United States should continue to champion multilateral trade on a most-favored-nation basis, insisting on reciprocal reductions 106 | in tariffs as well as the removal of other trade controls even without special concessions. Our reductions of trade barriers should be the -50 occasion for hard bargaining with other countries to ease trade throughout the free world. The instrumentalities of the General 119 Agreement on Tariffs and Trade, the Organization for Trade Co- operation, the International Monetary Fund, and the International Bank for Reconstruction and Development offer the best immediate opportunities for multilateral negotiation to make the greatest prog- ress possible. 4. The United States should approve the agreement calling for its membership and participation in the Organization for Trade Cooper- 5. The United States should continue to press for the earliest re- sumption of currency convertibility consistent with finding stable and maintainable rates. Our interest in such convertibility is to minimize trade discrimination and to spur international investment. It would our hope that in particular the countries of Western Europe and on the sterling area could meet the necessary conditions for de jure con- be forced prematurely, neither should it be consigned to the indefinite 6: Tariff and trade policy of the United States should be dictated by the national interest, rather than in terms of specific industries or products. Where individual industries cannot meet foreign competi- tion, other solutions than new trade barriers should be sought. ter NS: OD, 19 ted ere ation. ate of lat les future. 3028 AMERICAN FOREIGN POLICY, 1950–1955 12. Further study is required of the whole concept of defense essen- tiality if it is not to dominate over other necessary factors in trade policy. Not only should impartial criteria be discovered, but the 7. Further cuts in United States tariffs are in the national interest , The disruptive effect of such reductions can be minimized by making these cuts gradual, selective, reciprocal, and timed to fit the condition of business. Resort to quotas should be allowed only under extreme emergency conditions when other solutions are not available. Further simplification of the customs laws and related administrative matters should be carried out at the earliest possible date to streamline their operation and minimize arbitrary elements. 8. If aid is to be given to distressed areas or industries to meet the problems caused by new imports, such policies should be part of a broader program to meet similar problems of any source, not those of foreign trade alone. Such aid should not be aimed at blanket coverage, but to meet the specific hardships of people actually in distress. Aid should be viewed as temporary, and should be designed to contribute to the permanent correction of the distress so that aid can be termi- nated. " It should not delay the solution of uneconomic arrangements which would continue to drag down the rest of the economy indefinitely 9. No basic change in our controls on trade with the Communist countries is required at the present time. Trade in strategic goods would not be in the interest of the free world. But peaceful trade is not excluded from the realm of possibility any time that it is in the interest of the free world. Because East-West trade policy requires the cooperation of all countries of the free world, our policies must be coordinated with theirs. If we would limit trade important to our allies with the Communist countries, this policy carries a responsibility to provide alternate markets for their trade. 10. International investment and technical aid, both public and private, need further encouragement. Each case requires individual study and the solutions should be tailored to fit the circumstances. It should be kept in mind that this aid and investment is more purely economic in character, and this will influence the choices made . Although broader considerations are involved, such aid, whether loans or grants, represents the positive and long-term equivalent of the negative and short-term restrictions on trade with the Communist bloc This is a time when the Communists are using our own aid devices to further their ends, and we must be prepared to meet this challenge with a coordinated program which combines all the aspects of countering the problems created by the Communists. Only thus will the free world hold its margin of strength over the Sino-Soviet bloc. 11. Further study of domestic agricultural policy should take into account in greater degree the foreign economic policy aspects of thes domestic measures. than strategy should be reviewed. FOREIGN ECONOMIC POLICIES 3029 it. ig ) le 阻​让 ​er rs le 8 of 13. New criteria should be developed to restrict application of the escape clause and peril points to industries where failure to apply these provisions would result in real hardship to individuals, whether workers or businessmen. 14. The problem of interpretation of antidumping penalties is a complicated one which deserves careful study rather than precipitate action; the need for change is recognized as its interpretation threatens to negate our foreign economic policy goals, but the remedies must be sought only with thorough investigation. At the very least, the Presi- dent should be given authority to override Tariff Commission de- cisions when the national interest requires this. 15. We should give added encouragement to the preparation of international statistics, with attention both to the breadth of coverage and the quality of the information; data on national income and its distribution are particularly needed. 16. We need more study of what makes for economic growth both at home and abroad, if we are to choose policies which promote this development in the interests of attaining our national goals. 17. The work of this subcommittee should be continued for at least another year to explore more thoroughly some of the problems raised this year which were only partially answered. This study should include more specific analyses of individual situations than was pos- sible within the general frame of reference of the current study. te 1- ts V st Is 1S le le le 1 Y d al t 3D e. e C. 0 h 8 -0 o e Le Aus Bel Chi Cze EtL Fra Iram Libe Lu Ne No Tu Uni Uni Un YUE 1 Message from the President of the United States Transmitting the Thirty-Seventh Part XVIII FOREIGN AID_ECONOMIC, MILITARY, TECHNOLOGICAL A. THE LEND-LEASE PROGRAM, 1941–1955 1. STATUS OF SETTLEMENTS UNDER THE LEND-LEASE PROGRAM: Report to Congress on Lend-Lease Operations for the Year Ending December 31, 1955 (Excerpts) ? Preamble At the close of business on December 31, 1955, settlement under- takings which had been signed by most of the lend-lease governments reflected an aggregate original creditor position of the United States of $1,577,458,847.50 in principal account, exclusive of “cash reimburse- ment" lend-lease, silver, and miscellaneous other obligations. Principal payments and credits already made total $409,730,250.58 or approximately 26 percent of these repayment obligations. In addition, $164,552,611.70 has been paid to the Government of the United States 'as interest on these debts. The combined principal and interest credits of $574,282,862.28 represent more than 36 percent of the principal amount of these settlement obligations. As yet, settlement agreements covering lend-lease furnished prior to V-j Day have not been reached with the U.S.S.R., China, Greece , and Saudi Arabia. A settlement with Poland is nearly completed. appearing throughout this document and its accompanying tables are from the (Washington, Government Printing Office, 1956), pp. 1, 5, 16-21. (The footnotes original source.) 1 3 3 i 3030 FOREIGN AID 3031 Lend-Lease Settlement Accounts Showing Total Principal Amount Owed to the United States, Aggregate Payments Made Through December 31, 1955, and Principal Amount Outstanding * Paid through December 31, 1955 Country Settlement obligation Principal balance to be paid Principal Interest $2,288, 619.83 $46,988, 637.41 61, 384,530. 13 77, 668. 44 305, 838, 802.61 711, 753. 36 19, 272, 682.39 Australia.. Belgium and Belgian Congo... China 1 Czechoslovakia. Ethiopia. France Iran... Liberia ? Luxembourg Netherlands Norway. Turkey Union of South Africa.. Union of Soviet Socialist Republics i.. United Kingdom and Colonies.. Yugoslavia... American Republics... $20, 500,000.00 $20, 500,000.00 55,004, 573. 93 55, 004, 573. 93 50, 344, 968. 65 3, 356, 331. 24 172, 961. 45 172, 961. 45 200,000.00 122, 331. 56 353, 300,000.00 47, 461, 197.39 8,541, 040.75 7, 829, 287.39 19, 422, 682. 39 150,000.00 120.00 120.00 67, 500,000.00 27, 992, 543. 23 5,900,000.00 549, 910.00 4, 500,000.00 4,500,000.00 92, 500,000.00 92,500,000.00 222, 492, 666. 01 562, 446, 911.00 45, 118, 705, 87 900, 000.00 639, 365. 20 113, 732, 923.32 103,832, 923.32 8, 256, 002. 79 39, 507, 456, 77 5, 350, 090.00 38, 739, 794. 96 53, 811, 232. 19 222, 492, 666.01 517, 328, 205. 13 260, 634.80 9, 900,000.00 72, 431. 80 8 r Totals.. Grand total credits... 1, 577, 458, 847.50 409, 730, 250.58 164, 552, 611, 70 3 1,167,728,596.92 $574, 282, 862, 28 *This table is printed as "Statement (b)" on page 5 of the report. [Editor's note.] Refers only to postwar "pipeline agreement." Port construction at Monrovia. Exclusive of cash reimbursement and silver accounts. S Status of Nations (Tabulation) KEY TO ABBREVIATIONS L-L Rpt.-Report to Congress on Lend-Lease Operations. TIAS—Treaties and Other International Acts Series (published by Department of State). EAS-Executive Agreement Series (published by Department of State) UST—United States Treaties and Other International Agreements (published by Department of State). Stat.-United States Statutes at Large. Lend-lease and related agreements (As of Dec. 31, 1955) Lend-lease master agreement 1 Lend-lease settlement Other related agreements 2 Declared eligible for lend-lease aid Country Date Date Date Where published; remarks Where published; remarks Where published; remarks Australia June 7, 1946 23d L-L Rpt., p. 50; TIAS 1528; 60 Stat. 1707. Mar. 8, 1945 Nov. 11, 1941 Sept. 3, 1942 | Accepted United King- dom agreement; 6th L-L Rpt., p. 24; EAS 271; 56 Stat. 1608. June 13, 1941 June 16, 1942 EAS 254; 56 Stat. 1504.- Marine Transportation and Litigation, EAS 467; 59 Stat. 1499. Belgium Sept. 24, 1946 Apr. 20, 1950 23d L-L Rpt., p. 61; TIAS Jan. 30, 1943 2064; 62 Stat. (3) 3984. Joint undertaking under Aug. 4, 1943 Agreement of Sept. 24, 1946; TIAS 2074; 1 UST 437. Apr. 19, 1945 Exchange of notes amending May 19, 1945 par. 2.A (1) of Agreement of Sept. 24, 1946; TIAS 2953. Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Dec. 6, 1941, (Final payment made and reported in 32d L-L Rpt., p. 2.) Reciprocal Aid, EAS 313; 57 Stat. 920. Acts of United States Armed Forces in Belgian Congo EAS 395; 58 Stat. 1215. Reciprocal Aid, EAS 481; 59 Stat. 1642. Section 3 (c) Agreement,3 19th L-L Rpt., p. 66; EAS 481; 59 Stat. 1642. Apr. 2, 1954 Bolivia. May 6, 1941 Dec. 6, 1941 Nov. 22, 1947 Brazil Oct. 1, 1941 Mar. 3, 1942 (Revised) Apr. 15, 1948 June 28, 1946 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Mar. 3, 1942. (Final payment made and re- ported in 36th II. Rpt., p. 3.) Pipeline Agreement, 23d L-L Rpt., p. 73; TIAS 1537; 60, Stat. 1797. (Incorporated in Settlement Arrangement of Apr. 15, 1948.) --do- -do- Apr. 10, 1960 Supplement No. 1 to Arrange- 1 3032 . 5.J Apr. 19, 1950 Supplomont No. 1 to Arranse- ment of Apr. 15, 1948, settlod certain accounts contingent to Lend-Lease Agreement of Mar. 3, 1942. (Final payment made and re- ported in 35th L-L Rpt., p. 2.) Burma. Mar. 4, 1947 Assumption of claims by note to United States consul general, Rangoon, sent to Department with despatch No. 217, Mar. 7, 1947, Claims for Collisions Between War Vessels, EAS 330; 57 Stat. 1021. Canada. Nov. 11, 1941 Nov. 30, 1942 Mar. 14, 1949 May 26, 1943 By exchange of notes, accepted principles of art. VII of VII of United Kingdom Lend-Lease Agreement. Exchange of notes_(for cash purchases); 28th L-L Rpt., P, 13; TIAS 1925; 63 Stat. (3) 2432. Nov. 11, 1943 Nov. 15, 1946 Claims for Collisions Between War Vessels, EAS 366; 57 Stat. 1301. Marine Transportation; Waiver of Certain Claims Involving Government Ves- sels, TIAS 1582; 61 Stat. (3) 2520. Chile May 6, 1941 Mar. 2, 1943 Feb. 28, 1950 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Mar. 2, 1943. (Final payment made and re- ported in 32d L-L Rpt., P. 2.) China. June 2, 1942 May 21, 1943 5th L-L Rpt., p. 306; EAS 251; 56 Stat. 1494. Acts of Armed Forces, EAS 360; 57 Stat. 1428. June 14, 1946 Pipeline Agreement, 230 L-L Rpt., p. 69; TIAS 1533; 60 Stat. 1760. Military Aid Agreement, 23d L-L Rpt., p. 75; TIAS 1746; 61 Stat. (4) 3895. June 28, 1946 Colombia. Mar. 17, 1942 Apr. 13, 1950 13, 1950 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Mar. 17, 1942. (Final payment made_and reported in 33d L-L Rpt., p. 3.) See footnotes at end of table. * This table appears as “Appendix II" on pages 16-21 of the report. [Editor's note:] 3033 Lend-Lease and related agreements-Continued (As of Dec. 31, 1955) Lend-lease master agreement 1 Lend-lease settlement Other related agreements 2 Declared eligible for lend-lease aid Country Date Where published; remarks Date Where published; remarks Date Where published; remarks Costa Rica May 6, 1941 Jan. 16, 1942 Oct. 18, 1950 Cuba. May 6, 1941 Nov. 7, 1941 Apr. 26, 1951 Czechoslovakia Jan. 5, 1942 July 11, 1942 EAS 261; 56 Stat. 1562- July 25, 1947 Sept. 16, 1948 Dominican Republic. May 6, 1941 Aug. 2, 1941 Aug. 6, 1941 Apr. 26, 1949 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Jan. 16, 1942. (Final payment made and re- ported in 35th L-L Rpt., p. 2.) Final payment under Lend- Lease Agreement of Nov. 7, 1941; reported in 33d L-L Rpt., p. 3. TIAS 1675; 61 Stat. (4) 3410. 28th LrL Rpt., p. 3; TIAS 1818; 62 Stat. (3) 2850. Final payment under Lend- Lease Agreement of Aug. 2, 1941; reported in 29th L-L Rpt., p. 1. Final payment under Lend- Lease Agreement of Apr. 6, 1942; reported in 32d L-L Rpt., p. 3. Cash purchases only. Final payment under Lend- Lease Agreement of Feb, 2, 1942; reported in 32d LL Rpt., p. 3. 29th L-L Rpt., p. 29; TIAS 1931; 63 Stat. (3) 2446. (Supplement). Ecuador. Apr. 6, 1942 Feb. 12, 1951 Egypt El Salvador Nov. 11, 1941 May 6, 1941 Feb. 2, 1942 May 26, 1950 Ethiopia. Dec. 7, 1942 Aug. 9, 1943 EAS 334; 57 Stat. 1043... May 20, 1949 France Nov. 11, 1941 Feb. 28, 1945 EAS 455, 59 Stat. 1304... May 28, 1946 May 22, 1953 (Agreement) providing for Uti- lization of Defense Instal- lations (within the Empire of Ethiopia); TIAS 2964. Sept. 3, 1942 Reciprocal Aid, 6th L-L Rpt., p. 29; EAS 273; 56 Stat. 1614. Sept. 25, 1943 Reciprocal Aid in French North and West Africa, 13th L-L Rpt., p. 66; EAS 483; 59 Stat. 1666. 23d LL Rpt., p. 41; TIAS 1928; 61 Stat. (4) 4175. Financial Settlement, 28th LL Rpt., p. 4; TIAS 1936; 63 Stat. (3) 2607. Mar. 14, 1949 303 Maritime Claims 28th Fab 28. 1945 1 Santion. 0251 do Feb. 28, 1945 Maritimo Olaims & 28th LL Rpt., p. 10; TLAS 1935; 63 Stat. (3) 2499. Feb. 27, 1948 Section 3 (c) Agreement, LAS 455; 59 Stat. 1304. Expenditures of U.S. Armed Forces, TIAS 1930; 03 Stat. (3) 3826. EAS 260; 56 Stat. 1659. Greece Guatemala. Mar. 11, 1941 May 6, 1941 July 10, 1942 Nov. 16, 1942 Sept. 30, 1946 Haiti. do. Sept. 16, 1941 Mar. 3, 1948 Honduras -do. Feb. 28, 1942 Feb. 10, 1949 Settlement under Lend-Lease Agreement of Nov. 16, 1942. Final payment under Lend- Lease Agreement of Sept. 16, 1941; reported in 26th L-L Rpt., p. vi. Final payment under Lend- Lease Agreement of Feb. 28, 1942; reported in 28th L-L Rpt., p. 1. Oash purchases only. 23d LL Rpt., p. 44; TIAS 1532; 60 Stat. 1753. Iceland. India. July 1, 1941 Nov. 11, 1941 Nov. 21, 1941 EAS 429; 58 Stat. 1455. May 16, 1946 Oct. 10, 1942 Acts of United States Armed Forces, EAS 392; 58 Stat. 1199. Dec. 21, 1945 Transfer of Credit; unpub- lished correspondence. Iran.. Mar. 10, 1942 Iraq- Liberia Cash purchases only. May 1, 1942 July 31, 1945 Mar. 10, 1942 Mar. 31, 1942 June 8, 1943 EAS 470; 59 Stat. 1535_ EAS 275; 56 Stat. 1621.. EAS 324; 57 Stat. 978. Other cash transactions only-- Dec. 31, 1943 Port Project Agreement, EAS 411; 58 Stat. 1357. Mexico. May 6, 1941 6, 1941 Mar. 27, 1942 Mar. 18, 1943 (Revised). Feb. 24, 1951 Netherlands Aug. 21, 1941 July 8, 1942 EAS 259; 56 Stat. 1584. May 28, 1947 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Mar. 18, 1943. 24th L-L Rpt., p. 22; TIAS June 14, 1943 Reciprocal Aid, EAS 326; 57 1750; 61 Stat. (4) 3924. Stat. 991. A pr. 30, 1945 Section 3 (c) Agreement, Re- ciprocal Aid, EAS 480; 59 Stat. 1627. June 8, 1950 Maritime Claims, TIAS 2119; 1 UST 638. 23d L-L Rpt., p. 56; TIAS Sept. 3, 1942 Reciprocal Aid, 6th L-L Rpt., 1536; 60 Stat. 1791. P. 27, EAS 272; 56 Stat. 1611. New Zealand. Nov. 11, 1941 Sept. 3, 1942 Accepted United King. July 10, 1946 dom agreement, EAS 272; 56 Stat. 1611. Sept. 26, 1951 Nicaragua. May 6, 1941 Oct. 16, 1941 Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Oct. 16, 1941, (Final payment made and re- ported in 36th L-L Rpt., p. 4.) 26th L-L Rpt., p. 61; TIAS May 29, 1945 1716; 62 Stat. (2) 1848). Norway- June 4, 1941 | July 11, 1942 EAS 262; 56 Stat. 1565. Feb. 24, 1948 Marine Transportation and Litigation, EAS 471; 471; 59 Stat. 1541. See footnotes at end of table. 3035 Lend-Lease and related agreements Continued (As of Dec. 31, 1955] Lend-lease master agreement i Lend-lease settlement Other related agreements ? Declared eligible for lend-lease aid Country Date Where published; remarks Date Where published; remarks Date Where published; remarks Paraguay- May 6, 1941 Sept. 20, 1941 A pr. 3, 1952 Peru. do Mar. 11, 1942 Nov. 25, 1954 Final payment under Lend- Lease Agreement of Sept. 20, 1941; reported in 34th L-L Rpt., p. 2. Arrangement for full settle- ment within basic terms of Lend-Lease Agreement of Mar. 11, 1942. Poland. Saudi Arabia Aug. 28, 1941 July 1, 1942 EAS 257; 56 Stat. 1542. Feb. 18, 1943 Aug. 7, 1943 7, 1943 Exchange of unpub- lished notes. Nov. 11, 1941 A pr. 17, 1945 TIAS 1511; 60 Stat. 1576-Mar. 21, 1947 South Africa Turkey Nov. 7, 1941 Feb. 23, 1945 EAS 465; 59 Stat. 1476. May 7, 1946 24th L-L Rpt., p. 38; TIAS 1593; 61 Stat. (3) 2640. 23d L-L Rpt., p. 66; TIAS 1541; 60 Stat. 1809. U.S. S. R. do. June 11, 1942 8th L-L Rpt., p. 50; EAS 253; 56 Stat. 1500. Oct. 15, 1945 1 Sept. 27, 1949 Mar. 26, 1954 Dec. 22, 1954 May 26, 1955 July 27, 1942 Pipeline Agreement, 21st L-L Rpt., p. 48. Return of Ice Breakers and Frigates, TIAS 2060; 63 Stat. (3) 2810. Return of Vessels; TIAS 2990. Return of Vessels; TIAS 3168. Return of Vessels; TIAS 3384. Acts of Armed Forces, EAS 355; 57 Stat. 1193. United Kingdom.. Mar. 11, 1941 Feb. 23, 1942 Dec. 6, 1945 4th L-L Rpt., p. 50, and 21st L-L Rpt., p. 62; EAS 241; 56 Stat. 1433. 22d L-L Rpt., p. 45; TIAS 1509; 60 Stat. 1525. Mar. 27, 1946 Aug. 24, 1942 Feb. 28, 1947 Sept. 3, 1942 Jan. 7, 1948 Dec. 4, 1942 22d L-L Rpt., p. 48; TIAS 1509; 60 Stat 1525. Espoused Claims, TIAS 1635; 61 Stat. (3) 3012. Surplus in Middle East, TIAS 1698; 62 Stat. (2) 1836. Unpublished Settlement of U. S. Army claims subse- quent to period covered by agreements of Mar. 27, 1946. Patent Interchange, EAS 268; 56 Stat. 1594. Reciprocal Aid, 6th L-L Rpt., p. 22; EAS 270; 56 Stat. 1605. Marine Transportation and Litigation, EAS 282; 56 Stat. 1780. Acts of Armed Forces, TIAS 1602; 61 Stat. (3) 2728. June 18, 1948 Mar. 28, 1944 3026 June 29, 1948 July 12, 1948 do. Unpublished acknowledg- Mar. 27, 1946 Amended Patent Interchango ment of discharge of obliga- Agreement, TIAS 1510; 60 tions under agreament relat- Stat. 1566. ing to petroleum (VI) of Mar, 27, 1946. Joint Installations in Middle May 7, 1946 Marine Transportation and East, TIAS 1769; 62 Stat. Litigation, TIAS 1558; 60 (2) 2027. Stat. 1958. Accounts and claims (wind- Jan. 23, 1947 Acts of Civilians, TIAS 1622; up of residual accounts and 61 Stat. (3) 2876. claims), 27th L-I Rpt., p. 59; TIAS 1770; 62 Stat. (2) 2034. Extension of Amendment of June 27, 1947 June 27, 1947 | Marine Transportation and Settlement of Dec. 6, 1945; Litigation, TIAS 1636; 61 TIAS 2562. Stat. (3) 3014. Prepaid in dollars. Final payment under Lend. Lease Agreement of Mar. 18, 1942; reported in 29th L-L Rpt., p. 2. 27th L-L Rpt., p. 64; TIAS 1779; 62 Stat. (2) 2133. Apr. 28, 1952 Uruguay Venezuela May 6, 1941 do Jan. 13, 1942 Mar. 18, 1942 Apr. 27, 1949 Yugoslavia Nov. 11, 1941 July 24, 1942 | EAS 263; 56 Stat. 1570.. July 19, 1948 1 The lend-lease agreements signed by the United States with 18 of the other American Republics differed from the conventional “master” agreements in that a specific repay ment responsibility, for defense aid furnished, was accepted by each beneficiary nation. The aggregate amount due has been paid in full in cash and/or through specially negotiated settlement arrangements, 2 The historic document entitled The Declaration by United Nations for a cooperative war effort (not to be confused with the Charter of the United Nations signed in San Fran- cisco in 1945] originally was signed on Jan. 1, 1942, by representatives of 26 nations and, on later dates, by 19 others. (See Twenty-first Report to Congress on Lend-Lease Operations, pp. 44-45.). It confirmed and accepted the principles of the Atlantic Charter, a Joint Declaration (Aug. 14, 1941) by the President of the United States and the Prime Minister of the United Kingdom (EAS 236; 55 Stat. 1603). : A Section 3 (c) Agreement was an executive agreement concluded pursuant to sec. 3 (c) of the Lend-Lease Act of Mar. 11, 1941, which, as amended, prescribed a period up to July 1, 1949, to carry out an agreement of the nited States with another government to furnish supplies and services, provided that the agreement was signed before July 1, 1946. Territory under the jurisdiction of the French National Committee was declared eligible to receive lend-lease aid on Nov. 11, 1941, and all French territory not under the con- trol of the Axis was declared eligible on Nov. 13, 1942. * Wind-up of residual accounts and claims. ADDENDUM Aid was furnished, under special circumstances and specific conditions, to certain countries which never had formally been declared eligible for formal lend-lease treatment. These are Burma (see above table), Denmark, Finland, Greenland, Italy, Panama, Sweden, and Thailand. Transfers to Denmark were made pursuant to arrangements described in the Twenty-first Report to Congress on Lend-Lease Operations, and those made to Italy were pursuant to arrangements described in the Twenty-third Report to Congress on Lend-Lease Operations. In respect to the others named, a modus operandi, very similar to that used for lend-lease cash-reimbursement transactions but not under the Lend-Lease Act, was used to help these governments to acquire approved essential goods and services. 3037 3038 AMERICAN FOREIGN POLICY, 1950–1955 ec CO fer Or ac 19 of advise and consult with the Secretary of Defense and the Administra- see the four semiannual reports to Congress on the Mutual Defense Assistance 81st Cong., 2d sess., Nos. 119 and 179 of the 82d Cong., 1st sess., and No. 352 B. THE MUTUAL DEFENSE ASSISTANCE PROGRAM, 1tb 1949-1951 do be [The Mutual Defense Assistance Act of 1949 (Public Law 329, 81st D Congress, 1st Session; 63 Stat. 714) and the subsequent appropriation on October 28, 1949, of $1,314,010,000 in cash and contract authority for fiscal 1950 brought the Mutual Defense Assistance Program into being. tra Due to the turn of world events, and especially to the attack on the Republic of Korea, Congress amended the basic law to increase its cover. age and effectiveness and to authorize its extension (Public Law 621, 81st Congress, 2d Session, September 26, 1950; infra, doc. 3), and made avail . able an additional $5,222,500,000 through regular and supplemental pa appropriation legislation for fiscal 1951 (Public Laws 759 and 843, 81st A Congress, 2d Session; 64 Stat. 595 and 1044). The Mutual Security Act of 1951 (Public Law 165, 82d Congress, 1st Session, approved October 10 , 1951; 65 Stat. 373) marked the end of a 2 year period during which the emphasis of United States assistance shifted gradually from economic rehabilitation to military assistance, began the effort toward integration of economic recovery and military assistance programs, and symbolized the reorientation of United States foreign policy with regard to the foreign aid programs.] 1 ра d de 2. ADMINISTERING AUTHORITY UNDER THE MUTUAL to DEFENSE ASSISTANCE ACT OF 1949: Executive Order No. tid 10099, January 27, 1950 2 By virtue of the authority vested in me by section 404 of the Mutual Defense Assistance Act of 1949, approved October 6, 1949 (Public Law 329, 81st Congress), hereinafter referred to as the Act, and as 3. President of the United States, it is hereby ordered as follows: 1. (a) The Secretary of State is authorized and directed to perform the functions and exercise the powers and authority vested in the President by the Act, except by section 303, section 405, subsection (e) of section 406, clause 2 of subsection (b) of section 407, and sub- $ section (b) of section 411 thereof. M (b) Within the scope of the authority delegated to him by this order, the Secretary of State shall (1) have responsibility and authority for the direction of the programs authorized by the Act , (2) make full and effective use of agencies, departments, establishments, and wholly D owned corporations of the Government, with the consent of the respec- do tive heads thereof, in the conduct of operations under such programs ta and coordinate the operations of such programs among them, and (3 ) tor for Economic Cooperation in order to assure the coordination of American Foreign Policy, pp. 1356–1364. For detailed information on this period 1 For the text of the Mutual Defense Assistance Act of 1949, see A Decade of of the 82d Cong., 2d sess. 2 15 Fed. Reg. 499. 3 A Decade of American Foreign Policy, pp. 1356–1364. W. au . aus T * IN Of į lis CO SU + 3039 FOREIGN AID communiqué of the First Session of the North Atlantic Council, Sept. 17, 1.949; it lo e it t et @ C d e Treaty and the establishment thereunder of the Council and the 5 The North Atlantic Treaty entered into force Aug. 24, 1949. lishment of the North Atlantic Council and its Defense Committee, see the the mutual-defense-assistance activities with the national defense and economic-recovery programs. 2. All assistance provided to recipient countries under the authority delegated by this order shall be in conformity with programs approved by the Secretary of State after consultation with the Secretary of Defense and the Administrator for Economic Cooperation. As pro- vided in section 401 of the Act, no equipment or material may be transferred out of military stocks if the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such trans- fer would be detrimental to the national security of the United States or that such equipment or material is needed by the reserve com- ponents of the armed forces to meet their training requirements. The Administrator for Economic Cooperation shall advise the Secretary of State concerning the effect of programs approved by the Secretary of State under the authority delegated to him by this order upon the achievement of the purposes of the Economic Cooperation Act of 1948," as amended, and of the purposes of the United States program of economic assistance in Korea.? 3. Funds appropriated or otherwise made available for the pur- poses of carrying out the portions of the Act pertinent to the authority delegated by this order may be allocated by the Secretary of State L to any agency, department, establishment, or wholly owned corpora- tion of the Government for obligation and expenditure in accordance with programs approved by the Secretary of State under such I HARRY S. TRUMAN C 3. ACT TO AMEND THE MUTUAL DEFENSE ASSISTANCE ACT OF 1949: Public Law 621 (81st Congress, 2d Session) July 26, 1950 (Excerpts) 3 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of the Mutual Defense Assistance Act of 1949 * 'is hereby amended to read Sec. 101. In view of the coming into force of the North Atlantic Defense Committee which will recommend measures for the common defense of the North Atlantic area, and in view of the fact that the task of the Council and the Defense Committee can be facilitated by immediate steps to increase the integrated defensive armed strength of the parties to the treaty, the President is hereby authorized to A Decade of American Foreign Policy, pp. 1299–1321. See supra, pp. 2532-2533. 8 64 Stat. 373; 22 U.S.C. 1591 et seq. A Decade of American Foreign Policy, pp. 1356–1364. For the estab- authority. S 19 2 as follows: 1 1 1 supra, pp. 1594-1600. 3040 AMERICAN FOREIGN POLICY, 1950–1955 of war, or other military supplies, or (d) for the compensation of any other manufacturing establishment, other than personal services of a technical nature rendered by officers and employees of the United States for the purpose of establishing or maintaining production by such factories or other manufacturing establishments to effectuate the purposes of this Act and in conformity with desired standards and 1 The Greek-Turkish Aid Act of 1947; A Decade of American Foreign Policy, furnish military assistance in the form of equipment, materials, and services to such nations as are parties to the treaty and request such assistance. Any such assistance furnished under this title shall be subject to agreements, further referred to in section 402, designed to assure that the assistance will be used to promote an integrated de- fense of the North Atlantic area and to facilitate the development of defense plans by the Council and the Defense Committee under article 9 of the North Atlantic Treaty and to realize unified direction and effort; and after the agreement by the Government of the United States with defense plans as recommended by the Council and the Defense Committee, military assistance hereunder shall be furnished only in accordance therewith. SEC. 2. Section 102 of such Act is hereby amended by designating such section as subsection (a) and by adding thereto subsection (6) to read as follows: (b) In addition to the amounts heretofore authorized to be appro- priated, there are hereby authorized to be appropriated to the Presi dent for the year ending June 30, 1951, out of any money in the Treasury not otherwise appropriated, for carrying out the provisions and accomplishing the policies and purposes of this title, not to er- ceed $1,000,000,000. SEC. 3. Section 104 of such Act is hereby amended to read as follows: SEC. 104. None of the funds made available for carrying out the provisions of this Act or the Act of May 22, 1947, as amended, shall be utilized (a) to construct or aid in the construction of any factory or other manufacturing establishment outside of the United States or to provide equipment (other than production equipment, including machine tools) for any such factory or other manufacturing establish . ment, (b) to defray the cost of maintaining any such factory or other manufacturing establishment, (c) directly or indirectly to compensate any nation or any governmental agency or person therein for any diminution in the export trade of such nation resulting from the carrying out of any program of increased military production er bo make any payment, in the form of a bonus, subsidy, indemnity , guaranty, or otherwise, to any owner of any such factory or other manufacturing establishment as an inducement to such owner to undertake or increase production of arms, ammunition, implements person for personal services rendered in or for any such factory of . pp. 1257-1261. FOREIGN AID 3041 and zuch I he d to de- It of ticle and ited the shed ting (6) pro- 'EST- the lons the ory SOI Eing ish- her ate LOT the Sec. 11. Section 404 of such Act is hereby amended to read as follows: SEC. 404. The President may exercise any power or authority con- ferred on him by this Act through such agency or officer of the United States as he shall direct, except such powers or authority conferred on him in section 405, in clause (2) of subsection (b) of section 407, and in subsection (c) of section 408. SEC. 12. (a) Section 408 (c) of such Act is hereby amended to read as follows: (c) Whenever he determines that such action is essential for the effective carrying out of the purposes of this Act, the President may from time to time utilize not to exceed in the aggregate 10 per centum of the funds and contract authority made available for the purposes of any title of this Act for the purposes of any other title, or in the event of a development seriously affecting the security of the North Atlantic area for the purpose of providing military assistance to any other European nation whose strategic location makes it of direct importance to the defense of the North Atlantic area and whose immediately increased ability to defend itself, the President, after consultation with the governments of the other nations which are members of the North Atlantic Treaty, finds contributes to the preservation of the peace and security of the North Atlantic area and is vital to the security of the United States. Whenever the President makes any such determination he shall forthwith notify the Com- mittee on Foreign Relations of the Senate, the Committees on Armed Services of the Senate and of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives. (b) Section 408 (d) of such Act is hereby amended to read as follows: d) Upon approval by the President, any currency of any nation received by the United States for its own use in connection with the furnishing of assistance under this Act may be used for expenditures for essential administrative and operating expenses of the United States incident to operation under this Act and the amount, if any, remaining after the payment of such expenses shall be used only for purposes specified by Act of Congress. (C) Section 408 (e) of such Act is hereby amended to read as follows: () (1) The President may, from time to time, in the interest of achieving standardization of military equipment and in order to provide procurement assistance without cost to the United States, transfer, or enter into contracts for the procurement for transfer of, equipment, materials or services to: (A) nations eligible for assistance under title I, II, or III of this Act, (B) a nation which has joined with the United States in a collective defense and regional arrangem.ent, or (C) any other nation not eligible to join a collective defense and regional arrangement referred to in clause (B) above, but whose ability to defend itself or to participate in the defense of the area of which it is a part, is important to the security of the United States: Provided, That, prior to the transfer of any equipment, materials, or services to a nation under this clause (C), it shall provide the United States with assurance that such equipment, materials, or services are to this ner to ts Or ed OT de id 415900-574-Vol. 2__88 3042 AMERICAN FOREIGN POLICY, 1950–1955 C . E required for and will be used solely to maintain its internal security , its legitimate self-defense, or to permit it to participate in the defense of the area of which it is a part, and that it will not undertake any act of aggression against any other state: Provided further, That, in the case of any such transfer, the President shall forthwith notify the Committee on Foreign Relations of the Senate, the Committees on Armed Services of the Senate and of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives (2) Whenever equipment or material is transferred from the stocks of, or services are rendered by, any agency, to any nation as provided in paragraph (1) above, such nation shall first make available the fair value, as determined by the President, of such equipment, materials , or services. The fair value shall not be less for the various categories of equipment or materials than the "value" as defined in subsection (c) of section 403: Provided, That with respect to excess equipment or materials the fair value may not be determined to be less than the value specified in paragraph 1 of that subsection plus (a) 10 per centum of the original gross cost of such equipment or materials; (b) the scrap value; or (c) the market value, if ascertainable, whichever is the greater. Before a contract is entered into, such nation shall (A) provide the United States with a dependable undertaking to pay the full amount of such contract which will assure the United States against any loss on the contract, and (B) shall make funds available in such amounts and at such times as may be necessary to meet the payments required by the contract in advance of the time such pay- ments are due, in addition to the estimated amount of any damages and costs that may accrue from the cancellation of such contract : Provided, That the total amount of outstanding contracts under this subsection, less the amounts which have been paid the United States by such nations, shall at no time exceed $100,000,000. Sec. 13. The present section 405 (d) of such Act is renumbered as section 405 (e) and a new subsection 405 (d) is added to read as follows: (d) if, in the case of any nation, which is a party to the North Atlantic Treaty, the President determines after consultation with the North Atlantic Treaty Council that such nation is not making its full contribution through self-help and mutual assistance in all practicable forms to the common defense of the North Atlantic area; and in the case of any other nation, if the President determines that such nation is not making its full contribution to its own defense or to the defense of the area of which it is a part. S I t 1 r a f I 1 0 1 i FOREIGN AID 3043 158 On es es. ks ed air ls les OD int he he be ias October 6, 1950 to March 31, 1951 (H. Doc. 179, 82d Cong., 1st sess.), pp. 49–50. ty, 4. ESTABLISHMENT OF THE (INTERDEPARTMENTAL) IN- TERNATIONAL SECURITY AFFAIRS COMMITTEE (ISAC): ny Memorandum of Understanding Between the Departments of State, Treasury, Defense, and the Economic Cooperation Adminis- he tration, Approved by the President, December 19, 1950 1 1. The tremendous step-up in our foreign and domestic programs for increasing our own national security and that of the other free nations makes it imperative that we carefully examine the organiza- tional arrangements within the United States Government for carrying out these programs. Certain aspects of these arrangements require urgent consideration and immediate decision. 2. The most urgent organizational problem which we now face involves the proper framework in which the questions relating to the North Atlantic Treaty and economic and military assistance programs can properly be coordinated. With respect to the organization in Washington, two basic decisions need to be made: (a) The proper re- plationship among State, Defense, the Economic Cooperation Admin- istration, and the Treasury, on an interdepartmental basis; and (b) 4) the adjustments which must be made within each of these agencies as a basis for an effective and coordinated Government-wide effort. The following arrangements are agreed to as a first step in resolving ole 3. (a) A Director for International Security and Assistance Affairs 2 y- will be appointed in the Department of State. He shall occupy the senior position authorized by section 406 (e) of the Mutual Defense Assistance Act of 1949 as amended. (b) The Director for International Security and Assistance Affairs, on behalf of the Secretary of State, shall represent and speak for the Department of State on matters of policy and program relating to the North Atlantic Treaty, other similar international programs, and military and economic assistance for mutual defense. He shall be responsible for coordinating all activities within the department re- ch lated thereto. He shall have the authority, responsibility, and staff 1 necessary to assure that he can speak positively and expeditiously on behalf of the Department of State. le (C) In addition, the Director for International Security and Assist- ance Affairs, on behalf of the Secretary of State, shall be responsible for providing continuing leadership in the interdepartmental coordi- nation of policy and program with respect to the North Atlantic Third Semiannual Report to Congress on the Mutual Defense Assistance Program, United States Government for Policy Formulation and Implementation With Respect to International Security Arrangements and Military and Economic Assistance for Mutual Defense." in a covering memorandum transmitting this approved paper to the Director of the Bureau of the Budget on this same date, the President suggested the de- letion of the words and Assistance from the title of the Director. (Footnote these questions. je es et: 4 US es og ES S 10 ne 1 se in H. Doc. 179.) 3 See infra. A Decade of American Foreign Policy, pp. 1356–1364, and supra. 3044 AMERICAN FOREIGN POLICY, 1950–1955 + grams for military production abroad; and the Economic Cooperation adequate defense effort abroad, and for implementing approved pro- ! with due regard for the established responsibilities of the National Treaty, other similar international programs, and military and eco- nomic assistance for mutual defense. In performing this function on behalf of the Secretary of State, the Director for International Security and Assistance Affairs will be exercising responsibility for the Government as a whole. 4. (a) There shall be appointed an Assistant to the Secretary of Defense for International Security Affairs. He should occupy one of the three positions, other than the senior position, authorized by section 406 (e) of the Mutual Defense Assistance Act of 1949 8 amended. (b) The Assistant to the Secretary of Defense for International Security Affairs shall have the same responsibility and authority within the Department of Defense as is provided in paragraph 3 (b) for the Director for International Security and Assistance Affairs with respect to the Department of State. 5. The Economic Cooperation Administrator and the Secretary of the Treasury shall each designate an official who shall have the same authority and responsibility with respect to his agency as is provided in paragraph 3 (b) for the Director for International Security and Assistance Affairs with respect to the Department of State. 6. (a) The review and coordination of policy and program as be- tween the several departments and agencies shall be carried on by ſe senior staff committee to be known as the Committee on International Security Affairs. The State Department Director for International Security and Assistance Affairs shall be the Chairman. In addition , the membership shall consist of the Assistant to the Secretary of Defense for International (Security Affairs, a representative of the Special Assistant to the President, Mr. Harriman, and the ECA and Treasury officials provided for in paragraph 5. Representatives of other departments and agencies may be asked to sit with the Cozu- mittee as appropriate. (b) The Committee on International Security Affairs shall estab- lish such permanent or temporary working groups as it finds necessary and shall develop such arrangements as are necessary for guiding inter- agency coordination outside of the Committee. 7. It is essential that operating responsibility be delegated to the greatest possible extent to those agencies which are equipped to handle it. This means that with respect to mutual defense and within the framework of established policies, the Department of De fense has primary responsibility for determining the military character item and military training programs, and for developing United States determinations as to military requirements in the formulation of pre- implementing plans for economic assistance required to support au grams for additional military production abroad. 8. The foregoing administrative arrangements shall be carried of 1 FOREIGN AID 3045 ol F 9 to Congress on the Mutual Defense Assistance Program, October 6, 1949 to April 6, eco- Security Council and other officials and agencies of the Executive ition Office of the President, and of the National Advisory Council on onal for authorities and responsibilities of these officials and agencies are in no wise modified by this agreement. This means that the National y of Security Council shall continue to be the agency "to advise the one I be President with respect to the integration of domestic, foreign, and military policies relating to the national security.” 9 as 9. Arrangements should likewise be made as quickly as feasible for improved coordination between United States Government officials onal and srity representatives at both the regional and country levels. (6) fairs 5. ESTABLISHMENT OF THE OFFICE OF INTERNATIONAL SECURITY AFFAIRS IN THE DEPARTMENT OF STATE: amie Departmental Announcement 248, December 27, 1950 1 ided and Effective January 8, 1951, there will be established in the Depart- ment of State the position of Director, International Security Affairs. be The Office of the Director, Mutual Defense Assistance established October 25, 1949,2 is abolished and its personnel, records, and func- stions, including the functions vested in the Secretary of State by Inal | Executive Order 10099, as amended, have been transferred to the ion , Director, International Security Affairs. of The Director, Thomas Dudley Cabot, will occupy the senior the position authorized by section 406 (e) of the Mutual Defense Assist- ance Act of 1949,4 as amended. The Director shall perform his functions under the direction of the Secretary of State. He shall have authority over, and be responsible for, the general direction and coordination of all activities within the Department of State relating to: BIT a. The North Atlantic Treaty and other similar regional and bilateral arrangements concerned primarily with collective defense the or mutual defense assistance; b. the military security phases of other regional or bilateral arrange- ndments, such as the Organization of American States; De c. military assistance programs; ter d. programs of economic assistance which are designed to support programs of military assistance; e. the export or foreign sale of military materiel or the release to other nations of classified military information. In addition, the commitment of United States military resources for United Nations purposes shall be coordinated with the Director. As to all such Department of State Bulletin, Jan. 22, 1951, pp. 155–156. 2 See Departmental Announcement 194, 'Oct. 25, 1949; First Semiannual Report 1950 (H. Doe. 613, 81st Cong., 2d sess.), pp. 64–65. * A Decade of American Foreign Policy, p. 1362. and 5 of 2m- ab- ter- to nd tes -0- OD nd 21 0 1 01 Supra, doc. 2. 3046 AMERICAN FOREIGN POLICY, 1950–1955 > i. Assure the development, through existing organizational arrange The Director shall be the Department of State representative on and chairman of the Committee on International Security Affairs The Director shall determine, in consultation with the Deputy Under Secretary for Administration, State Department representation 01, and shall be responsible for and generally supervise State Department matters, he shall represent and speak for the Department of State . In performing these several functions, he shall be responsible for appropriately relating, his performance to the development and execution of other foreign policies and programs. The Director shall have such staff as may be necessary for the effective execution of his responsibilities but shall, to the extent consistent with the effective discharge of his responsibilities , utiliza the resources of the regional and functional bureaus and offices, The regional and functional bureaus and offices of the Department shall give to the Director all appropriate assistance and shall be responsible to the Director for all activities within the field of his responsibility. The Director within the area of his responsibility set forth shall: a. Coordinate and direct the development of objectives, policies, and programs for international security and assistance affairs . b. Approve programs for military and economic assistance for mutual defense, and review, coordinate, and expedite the implements- tion of approved programs. c. Assure the establishment and maintenance of effective working relationships concerning international security and assistance matters with all Government agencies having policy, advisory, or operational responsibilities within this area. d. Evaluate the effectiveness and progress of policies and program in the field of international security and assistance and prepare or direct the preparation of all necessary reports with respect thereto . e. See that appropriate instructions to United States representatives abroad concerned with international security and assistance matters are developed and issued. f. Assure development, coordination, and implementation of policies to control, under appropriate provisions of law, the export and import of arms, ammunition, and implements of war. g. Assure formulation of Department of State policy on all questions relating to disclosure to foreign powers of classified information in the field of international security and assistance affairs. h. Have primary responsibility, subject to the budget and fiscal policies and procedures of the Department of State , for the control , allocation, and utilization of funds made available for aid and asist- ance programs and related activities, including responsibility for budge formulation, for budget justification before the Bureau of the Budget and Congress, and for budget execution. respect to international security and assistance affairs. 1 1 See supra. FOREIGN AID 3047 for ers Security Act of 1953 (PL 118, 83d Cong., 1st sess., July 16, 1953; 67 Stat. 152). Ite participation in, the activities of such additional interdepartmental for committees and working groups as exist or may be created in the field of international security and assistance. On international security and assistance matters, the Director shall be responsible within the Department of State for all relationships of the Department of State with the Department of Defense, with the Economic Cooperation Administration, and with other Departments and agencies. jall ble . C. ESTABLISHING THE MACHINERY OF THE POINT FOUR PROGRAM, 1950 ta- 6. ACT FOR INTERNATIONAL DEVELOPMENT (TITLE IV, FOREIGN ECONOMIC ASSISTANCE ACT OF 1950): Public ing Law 535 (81st Congress, 2d Session), June 5, 1950 1 nal Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Economic Assistance Act of 1950". Or eto. TITLE IV Sec. 401. This title may be cited as the "Act for International Development”. of Sec. 402. The Congress hereby finds as follows: (a) The peoples of the United States and other nations have a common interest in the freedom and in the economic and social progress of all peoples. Such progress can further the secure growth of democratic ways of life, the expansion of mutually beneficial commerce, the development of international under- standing and good will, and the maintenance of world peace. (b) The efforts of the peoples living in economically under- developed areas of the world to realize their full capabilities and to develop the resources of the lands in which they live can be furthered through the cooperative endeavor of all nations to exchange technical knowledge and skills and to encourage the flow of investment capital. Title IV of the Foreign Economic Assistance Act of 1950 (64 Stat. 198). Title IV was subsequently amended by the Mutual Security Act of 1951 (PL 165, 32dCong., 1st sess., Oct. 10, 1951; 65 Stat. 373), by the Mutual Security Act of 1952 (PL 400, 82d Cong., 2d 'sess., June 20, 1952; 66 Štat. 141), and by the Mutual 2d sess., Aug. 26, 1954;"68 Stat. 832), which act effected a recodification of all ms ves ters ort Ons he olm Fall et 1 T at foreign assistance programs. 3048 AMERICAN FOREIGN POLICY, 1950–1955 cooperation programs carried on by the United Nations, the Organi- wise economically sound; and (3) with respect to projects for which country or elsewhere upon reasonable terms and in sufficient amounts United States is authorized to participate in multilateral technical Sec. 404. (a) In order to accomplish the purposes of this title, the (c) Technical assistance and capital investment can make maxi- mum contribution to economic development only where there is understanding of the mutual advantages of such assistance and investment and where there is confidence of fair and reasonable treatment and due respect for the legitimate interests of the peoples of the countries to which the assistance is given and in which the investment is made and of the countries from which the assistance and investments are derived. In the case of investment this involves confidence on the part of the people of the under- developed areas that investors will conserve as well as develop local resources, will bear a fair share of local taxes and observe local laws, and will provide adequate wages and working condi- tions for local labor. It involves confidence on the part of investors, through intergovernmental agreements or otherwise , that they will not be deprived of their property without prompt, adequate, and effective compensation, that they will be given reasonable opportunity to remit their earnings and withdraw their capital; that they will have reasonable freedom to manage , operate, and control their enterprises; that they will enjoy security in the protection of their persons and property, including indus- trial and intellectual property, and nondiscriminatory treatment in taxation and in the conduct of their business affairs. SEC. 403. (a) It is declared to be the policy of the United States to aid the efforts of the peoples of economically underdeveloped areas to develop their resources and improve their working and living con- ditions by encouraging the exchange of technical knowledge and skills and the flow of investment capital to countries which provide condi- tions under which such technical assistance and capital can effectively and constructively contribute to raising standards of living, creating new sources of wealth, increasing productivity and expanding pur- chasing power. (b) It is further declared to be the policy of the United States that in order to achieve the most effective utilization of the resources of the United States, private and public, which are or may be available for aid in the development of economically underdeveloped areas , agencies of the United States Government, in reviewing requests of foreign governments for aid for such purposes, shall take into com sideration (1) whether the assistance applied for is an appropriate part of a program reasonably designed to contribute to the balanced and integrated development of the country or area concerned ; ? whether any works or facilities which may be projected are actually needed in view of similar facilities existing in the area and are other to finance such projects. WA FOREIGN AID 3049 0- IS T- OP li of ALWHW此​叫​吧​让​创​时​比如​叫好​品​山 ​es as zation of American States, and their related organizations, and by other international organizations, wherever practicable. (b) Within the limits of appropriations made available to carry out the purposes of this title, the President is authorized to make contribu- tions to the United Nations for technical cooperation programs carried on by it and its related organizations which will contribute to accom- plishing the purposes of this title as effectively as would participation in comparable programs on a bilateral basis. The President is further authorized to make contributions for technical cooperation programs carried on by the Organization of American States, its related organi- zations, and by other international organizations. (c) Agencies of the United States Government on request of interna- tional organizations are authorized, upon approval by the President, to furnish services and such facilities as may be necessary in connection therewith, on an advance of funds or reimbursement basis, for such organizations in connection with their technical cooperation programs. Amounts received as reimbursements from such organizations shall be credited, at the option of the appropriate agency, either to the appro- priation, fund, or account utilized in incurring the obligation, or to an appropriate appropriation, fund, or account currently available for the purposes for which expenditures were made. SEC. 405. The President is authorized to plan, undertake, administer, and execute bilateral technical cooperation programs carried on by any United States Government agency and, in so doing (a) To coordinate and direct existing and new technical coop- (b) To assist other interested governments in the formulation of programs for the balanced and integrated development of the economic resources and productive capacities of economically underdeveloped areas. (c) To receive, consider, and review reports of joint commis- sions set up as provided in section 410 of this title. (d) To make, within appropriations made available for the purpose, advances and grants in aid of technical cooperation pro- grams to any person, corporation, or other body of persons, or to any foreign government or foreign government agency. (e) To make and perform contracts or agreements in respect of technical cooperation programs on behalf of the United States Government with any person, corporation, or other body of per- sons however designated, whether within or without the United or with any foreign government or foreign government agency: Provided, That with respect to contracts or agreements which entail commitments for the expenditure of funds appro- priated pursuant to the authority of this title, such contracts or agreements, within the limits of appropriations or contract author- izations hereafter made available may, subject to any future action of the Congress, run for not to exceed three years in any one case. (f) To provide for printing and binding outside the conti- 1- eration programs. lls di- ly of T- at of le S, 1. te 2) States, h e $ 3050 AMERICAN FOREIGN POLICY, 1950-1955 1 C I .RU SEC. 408. The President is authorized to prescribe such rules and Sec. 409. The President shall create an advisory board, hereinafter President or such other officer as he may designate to administer the 1 Under the provisions of the section referred to, it is necessary to obtain the approval of the Congressional Joint Committee on Printing before arranging to have official printing of the Executive Departments done anywhere other than (1) at the Government Printing Office or (2) at a field printing plant approved by nental limits of the United States, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111). (g) To provide for the publication of information made avail- able by the joint commissions referred to in section 410, and from other sources, regarding resources, opportunities for private in- vestment capital, and the need for technical knowledge and skill in each participating country. SEC. 406. Agreements made by the United States under the author- ity of this title with other governments and with international organi- zations shall be registered with the Secretariat of the United Nations in accordance with the provisions of article 102 of the United Nations Charter SEC. 407. In carrying out the programs authorized in section 405 of this title- (a) The participation of private agencies and persons shall be sought to the greatest extent practicable. (b) Due regard shall be given, in reviewing requests for assista ance, to the possibilities of achieving satisfactory results from such assistance as evidenced by the desire of the country request- ing it (1) to take steps necessary to make effective use of the assistance made available, including the encouragement of the flow of productive local and foreign investment capital where needed for development; and (2) to endeavor to facilitate the development of the colonies, possessions, dependencies, and non- self-governing territories administered by such requesting country so that such areas may make adequate contribution to the effec- tiveness of the assistance requested. (c) Assistance shall be made available only where the President determines that the country being assisted- (1) Pays a fair share of the cost of the program. (2) Provides all necessary information concerning such program and gives the program full publicity. (3) Seeks to the maximum extent possible full coordination and integration of technical cooperation programs being carried on in that country. (4) Endeavors to make effective use of the results of (5) Cooperates with other countries participating in the program in the mutual exchange of technical knowledge and skills. regulations as may be necessary and proper to carry out the provisions of this title. a S a C er P a t S. the program. the State a It committee FOREIGN AID 3051 ID- ins INS ) he re sions may include recommendations as to any specific projects which 11 program herein authorized, with respect to general or basic policy matters arising in connection with operation of the program. The il board shall consist of not more (than] thirteen members to be appointed by the President, one of whom, by and with the advice and consent of the Senate, shall be appointed by him as chairman. The members il of the board shall be broadly representative of voluntary agencies and other groups interested in the program, including business, labor, or agriculture, public health, and education. All members of the board ni- shall be citizens of the United States; none except the chairman shall be an officer or an employee of the United States (including any agency or instrumentality of the United States) who as such regularly receives compensation for current services. Members of the board, other than 05 | the chairman if he is an officer of the United States Government, shall receive out of funds made available for the purposes of this title a per be diem allowance of $50 for each day spent away from their homes or regular places of business for the purpose of attendance at meetings sto of the board or at conferences held upon the call of the chairman, and in necessary travel, and while so engaged they may be paid actual st travel expenses and not to exceed $10 per diem in lieu of subsistence and other expenses. The President may appoint such committees in he special fields of activity as he may determine to be necessary or desir- able to effectuate the purposes of this title. The members of such be committees shall receive the same compensation as that provided for members of the board. NT Sec . 410. (a) At the request of a foreign country, there may be cestablished a joint commission for economic development to be com- posed of persons named by the President and persons to be named by ent requesting country, and may include representatives of interna- tional organizations mutually agreed upon. (b) The duties of each such joint commission shall be mutually che agreed upon, and may include, among other things, examination of (1) The requesting country's requirements with respect to ng technical assistance. (2) The requesting country's resources and potentialities, including mutually advantageous opportunities for utilization of foreign technical knowledge and skills and investment. he (3) Policies which will remove deterrents to and otherwise encourage the introduction, local development, and application of technical skills and the creation and effective utilization of capital, both domestic and foreign; and the implementation of such policies by appropriate measures on the part of the requesting country and the United States, and of other countries, when ap- propriate, and after consultation with them. he (C) Such joint commissions shall prepare studies and reports which be they shall transmit to the appropriate authorities of the United States and of the requesting countries in such reports the joint commis- they conclude would contribute to the economic development of the by requesting countries. 11- the the following: 01 of ge nd DIS er to 3052 AMERICAN FOREIGN POLICY, 1950-1955 agency or with any international organization: Provided, That n excess of those established thereunder, and may be appointed to any class in the Foreign Service Reserve or Staff in accordance performing functions under this title shall be employed in accord (d) Alien clerks and employees employed for the purpose of ! i (e) Officers and employees of the United States Government may be detailed to offices or positions to which no compensation is attached with any foreign government or foreign government (d) The costs of each joint commission shall be borne by the United States and the requesting country in the proportion that may be agreed upon between the President and that country. SEC. 411. All or part of United States support for and participation in any technical cooperation program carried on under this title shell be terminated by the President- (a) If he determines that such support and participation no longer contribute effectively to the purposes of this title, are con- trary to a resolution adopted by the General Assembly of the United Nations that the continuance of such technical cooperatie programs is unnecessary or undesirable, or are not consistent with the foreign policy of the United States. (b) If a concurrent resolution of both Houses of the Congress finds such termination is desirable. SEC. 412. The President may exercise any power or authority con- ferred on him by this title through the Secretary of State or through any other officer or employee of the United States Government. SEC. 413. In order to carry out the purposes of this title- (a) The President shall appoint, by and with the advice and consent of the Senate, a person who, under the direction of the President or such other officer as he may designate pursuant to section 412 hereof to exercise the powers conferred upon him by this title, shall be responsible for planning, implementing, and managing the programs authorized in this title. He shall be compensated at a rate fixed by the President without regard to the Classification Act of 1949 i but not in excess of $15,000 par (b) Officers, employees, agents, and attorneys may be em- ployed for duty within the continental limits of the United States in accordance with the provisions of the civil-service laws and the Classification Act of 1949. (c) Persons employed for duty outside the continental limi of the United States and officers and employees of the United States Government assigned for such duty, may receive corte Reserve and Staff by the Foreign Service Act of 1946 (60 Skal pensation at any of the rates provided for the Foreign Serpient 999), as amended, may receive allowances and benefits not in with the provisions of such Act. ance with the provisions of the Foreign Service Act of 1946, & amended. i t e annum, а r S a 2 C 8 S t 1 15 U.S.C. § 1071 et seq. FOREIGN AID 3053 and educational activities for the fiscal year 1951. I DO 900- the press COD- nugh ited ceed while so detailed any such person shall be considered, for the pur- pose of preserving his privileges, rights, seniority, or other benefits, tion an officer or employee of the United States Government and of the hal United States Government agency from which detailed and shall receive therefrom his regular compensation, which shall be reim- bursed to such agency from funds available under this title: Pro- vided further, That such acceptance of office shall in no case involve the taking of an oath of allegiance to another government. tion (f) Experts and consultants or organizations thereof may be with employed as authorized by section 15 of the Act of August 2, 1946 (5Ů. Š. C. 55a), and individuals so employed may be compensated at a rate not in excess of $75 per diem. (g) Such additional civilian personnel may be employed with- out regard to subsection (a) of section 14 of the Federal Employees Pay Act of 1946 (60 Stat. 219), as amended,' as may be necessary to carry out the policies and purposes of this title. Sec. 414. No citizen or resident of the United States, whether or not and now in the employ of the Government, may be employed or assigned to the duties by the Government under this Act until such individual has been t to investigated by the Federal Bureau of Investigation and a report i by thereon has been made to the Secretary of State: Provided, however, That any present employee of the Government, pending the report as 1 be to such employee by the Federal Bureau of Investigation, may be d te employed or assigned to duties under this Act for the period of three per months from the date of its enactment. This section shall not apply in the case of any officer appointed by the President by and with the advice and consent of the Senate. Sec. 415. The President shall transmit to the Congress an annual the report of operations under this title. Sec. 416. (a) In order to carry out the provisions of this title, there shall be made available such funds as are hereafter authorized and ited appropriated from time to time for the purposes of this title: Pro- vided, however, That for the purpose of carrying out the provisions of this title through June 30, 1951, there is hereby authorized to be that appropriated a sum not to exceed '$35,000,000, including any sums di appropriated to carry on the activities of the Institute of Inter- i to Affairs, and technical cooperation programs as defined in section 418 herein under the United States Information and Educa- tional Exchange Act of 1948 (62 Stat. 6). Activities provided for under this title may be prosecuted under such appropriations or under od authority granted in appropriation Acts to enter into contracts pend- Ing enactment of such appropriations. Unobligated balances of such and em ates mits om Vict American DICE of . AS ent 101 206 Concerning maximum totals of certain categories of employees. Chapter XI, "Foreign Aid Appropriation Act, 1951," of the act of Sept. 6, 1950, "General Appropriation Act, 1951,"contained an appropriation of $26.9 million for international development, and authorized the transfer to this activity of not more than $2.6 million from the appropriation for international information 18t 1224-1234. 3054 AMERICAN FOREIGN POLICY, 1950--1955 1. an COT . 1a appropriations for any fiscal year may, when so specified in the appro- priation Act concerned, be carried over to any succeeding fiscal year or years. The President may allocate to any United States Govern- ment agency any part of any appropriation available for carrying out the purposes of this title. Such funds shall be available for obliga tion and expenditure for the purposes of this title in accordance with De authority granted hereunder or under authority governing the activi- 818 ties of the Government agencies to which such funds are allocated the (b) Nothing in this title is intended nor shall it be construed as an expressed or implied commitment to provide any specific assistance, the whether of funds, commodities, or services, to any country or coun- Pre tries, or to any international organization. SEC. 417. If any provision of this title or the application of any bel provision to any circumstances or persons shall be held invalid, the de validity of the remainder of the title and the applicability of such Go provision to other circumstances or persons shall not be affected thereby. the SEC. 418. As used in this title- of (a) The term "technical cooperation programs” means programs for the international interchange of technical knowledge and skills designed to contribute to the balanced and integrated development of the economic resources and productive capacities of economically underdeveloped areas. Such activities may include, but need not sha be limited to, economic, engineering, medical, educational, agricultura fishery, mineral, and fiscal surveys, demonstration, training, and sim, ilar projects that serve the purpose of promoting the development of economic resources and productive capacities of underdeveloped areas , The term "technical cooperation programs" does not include such de activities authorized by the United States Information and Educawi tional Exchange Act of 1948 (62 Stat. 6) as are not primarily related to economic development nor activities undertaken now or hereafter Ad pursuant to the International Aviation Facilities Act (62 Stat. 450) , he tiy nor pursuant to the Philippine Rehabilitation Act of 1946 (60 Stat 128), as amended, nor pursuant to the Foreign Assistance Act of 1948 (62 Stat. 137), as amended, nor activities undertaken now or hereafter in the administration of areas occupied by the United States armed 8. forces or in Korea by the Economic Cooperation Administration . (b) The term “United States Government agency" means any department, agency, board, wholly or partly owned corporation of instrumentality, commission, or independent establishment of the United States Government. (c) The term "international organization” means any intergovert ef mental organization of which the United States is a member. qu ge: an as } ор FE tic AO 1 1 FOREIGN AID 3055 3 Department of State Bulletin, Nov. 13, 1950, pp. 793-795. r . Bo C2 S February 21, 1950,4 is hereby abolished and its personnel and func- 1. ADMINISTERING AUTHORITY UNDER THE ACT FOR INTERNATIONAL DEVELOPMENT: Executive Order No. 10159, September 8, 1950 1 8 By virtue of the authority vested in me by the Act for International b Development, approved June 5, 1950 (Title IV of Public Law 535, 8lst Congress),- hereinafter referred to as the act, and as President of the United States, it is hereby ordered as follows: 1. The Secretary of State is authorized and directed (a) to perform 4 the functions and exercise the powers and authority vested in the President by the act, except those so vested by section 413 (a) thereof, and except those so vested by section 409 thereof except as provided below, and (b), in cooperation with the heads of other appropriate & departments and agencies and wholly-owned corporations of the Government, to plan and execute the programs authorized by the act. 1 2. For the purpose of promoting the effective implementation of the act, the heads of all departments and agencies the participation of which is requested by the Secretary of State are hereby authorized and directed to provide for such participation to the maximum extent consistent with law. 3. There is established pursuant to section 409 of the act the Inter- national Development Advisory Board. The members of the Board shall serve for terms of two years. The Board shall meet at the re- quest of the Secretary of State to advise and consult with him on general policy matters. The Secretary of State is authorized to create and appoint such additional committees in special fields of activity as he may find, after consultation with the heads of other appropriate departments and agencies, to be necessary and desirable, in accordance with the provisions of section 409 of the act. 4. The Secretary of State shall establish an Interdepartmental Advisory Council on Technical Cooperation, to be composed of the | heads of participating departments and agencies or their representa- tives. The Council shall be advisory to the Secretary of State. HARRY S. TRUMAN 8. ESTABLISHMENT OF THE TECHNICAL COOPERATION ADMINISTRATION IN THE DEPARTMENT OF STATE: Departmental Announcement 212, October 27, 1950 3 1. The Technical Cooperation Administration (TCA) is established effective October 27, 1950. The Interim Office for Technical Co- operation (TCD), established by Departmental Announcement 41, S S t Administration. 1 15 Fed. Reg. 6103. 2 Supra. * Ibid., Mar. 13, 1950, p. 422. 3056 AMERICAN FOREIGN POLICY, 1950–1955 91 MIC SP INC ar or and, through the regional bureaus, direct their program activities; ... Establish general standards for the creation and operation of h. Determine the amount to be allotted for United States contri- international organizations and approve payment of such contribu- nishing of services and facilities by Federal agencies for their execution; 2. The Technical Cooperation Administrator will, under the general direction of the Secretary of State, plan, implement, and manage the technical cooperation (Point 4) programs authorized by the Act for th International Development (Title IV of the Foreign Economic Assist ance Act of 1950, Public Law 535, 81st Cong.).1 The Administrator ti shall perform the functions and exercise the powers and authority se vested in the Secretary of State by the act and those vested in the President by the act and delegated to the Secretary by Executive Order 10159.2 3. The Technical Cooperation Administration shall operate as an integral component of the Department, utilizing the Department's F staff services and facilities and shall conduct its activities pursuant to its own terms of reference and those of other components of the Department as prescribed below and in the Manual of Regulations and Procedures, Volume II, Organization. At each country mission , the chief of mission shall be responsible for the administration of the bilateral program in his country. 4. The Technical Cooperation Administration shall: a. Formulate general policies and plans for the conduct of existing and new technical cooperation programs; b. Review and coordinate country and area program plans sub- mitted by the regional bureaus, make necessary adjustments, and direct preparation of specific implementing projects; c. Approve projects, determine action agencies, allocate funds for United States bilateral programs within an approved financial plan . and approve assignment of United States Government personnel abroad to such programs; d. Coordinate bilateral technical cooperation programs with other programs for economic development affecting the same areas and coordinate negotiations and consultations with intergovernments . and private agencies carrying on technical cooperation programs bi affecting such areas; e. Maintain liaison with and supervise and coordinate the technical fu cooperation activities of other Federal agencies authorized by the act f. Assure the effective operation of programs and projects are select or approve technical cooperation officers for field assignments joint commissions, select United States members and coordinate their activities with other phases of the program; th Nations Affairs,'the United States position on the character and af scope of and priorities within such activities ; and approve the fu: Or &T ON a1 in SU er ar ac SU PI ai tr Ir 1 Supra, doc. 6. 2 Supra. FOREIGN AID 3057 NS in, ng bilateral character, scope and priorities of technical cooperation programs for programs under the provisions of section 411 of the act. tration, and between intergovernmental and other United States Inter-American Affairs and the Bureau of United Nations Affairs ra! i. Determine whether technical assistance may be given to a be requesting country under the act and terminate, in consultation with for the appropriate regional bureau insofar as country political affairs st are involved, all or part of United States support for and participa- ortion in any technical cooperation program under the provisions of by section 411 of the Act for International Development; j. Consult with the International Development Advisory Board we (IDAB) provided by the act and Executive Order 10159 and recom- mend the appointment by the Secretary of advisory committees in a special fields of activity in consultation with interested offices and t's Federal agencies. nt he 5. The regional bureaus shall: a. Develop coordinated program plans for individual countries or groups of countries; assist in the development of detailed plans for he individual projects; and review program proposals affecting their areas which originate in other sources; b. Communicate and negotiate with foreign governments; review or advise with respect to the assignment of and generally supervise program personnel in the field; evaluate programs and be projects within their regions; propose program changes; and review ad or advise with respect to the selection of, and give policy guidance and general support to, United States members of joint commissions. 6. The Bureau of United Nations Affairs shall: a. Develop the United States position concerning the international organizational machinery to be used for technical cooperation activi- ties and the relative contributions to be pledged by the United States nd and other countries to the special technical assistance accounts of al international organizations; coordinate and conduct negotiations on such matters; and make recommendations for the payment of contri- butions to the special accounts of international organizations from 3 funds allotted by the Technical Cooperation Administration; b. Assure the development of the United States positions on the S economic development to be undertaken by international organiza- tions , on the amount to be allotted for United States contributions, and on program allocations among international organizations; and advise the Technical Cooperation Administration on the substance of such positions and on the termination of participation in multilateral C. Arrange for direct contact on operating program matters between the United Nations (including the participating specialized agencies and regional commissions) and the Technical Cooperation Adminis- 7. The existing division of responsibility between the Bureau of or ng er ns ce 1 415900_-57---90l, 2-89 3058 AMERICAN FOREIGN POLICY, 1950–1955 is established the Interdepartmental Advisory Council on Technical Administrator shall serve as Chairman of the Interdepartmental and Cultural Cooperation and the Advisory Committee on Technical Advisory Council. The Interdepartmental Committee on Scientife Assistance will be abolished effective on the date of the first meeting / 12. Pending publication of appropriate revisions to the Organist with regard to intergovernmental organizations of the other American Republics shall apply to matters arising under this announcement . 8. Subject to the responsibilities assigned to the Technical Coopera- tion Administration in paragraph 4, the following units of the Depart- ment shall have such responsibilities in dealing with the indicated international organizations in connection with technical cooperation matters as accord with their general responsibilities set forth in the Organization Manual: a. The Office of Financial and Development Policy with respect to the International Bank and Monetary Fund; b. The Office of Transport and Communications Policy with respect to the International Telecommunication Union, the Inter national Civil Aviation Organization, and other international organi- zations concerned with transport and communications; c. The UNESCO Relations Staff with respect to the United Natious Educational, Scientific and Cultural Organization. 9. The offices in the economic area shall be responsible for the development of over-all economic policy in their respective specialized fields. These offices, and in particular the Investment and Economie Development Staff in the Office of Financial and Development Policy , shall advise on and coordinate with the Administrator on economic policy matters relating to underdeveloped areas and on the relation- ship of United States Government financial programs to technica cooperation programs, and shall maintain liaison with United States and international agencies to facilitate the coordination of financial programs with the planning and operation of technical cooperation programs. 10. The Office of Educational Exchange shall: a. Develop plans and procedures for, and facilitate the screening selection, reception, placement, and orientation of foreign trainees b. Coordinate Point 4 training with other United States Govern ment training programs and activities; c. Assure the adequate review and evaluation of training project develop means for maintaining contact with trainees following com pletion of their program, and perform other related functions as requested by the Administrator. 11. In accordance with the terms of Executive Order 10159, there Cooperation (TEC) effective on the date of its first meeting. Ta of the Interdepartmental Advisory Council. tion Manual, section 041 of the Manual shall be considered hereto. S C } C ܒܥ ܨܢܚܙ 8 an anner a FOREIGN AID 3059 020 ent. 10 101 the cerpts) 1 201- ODS 1CY ting Security Act of 1952, and sec. 710 (b) of the act of 1953 (repealing sec. 115 (k) of D. THE MUTUAL SECURITY PROGRAM, 1951-1953 art ted 9. MUTUAL SECURITY ACT OF 1951, AS AMENDED BY THE MUTUAL SECURITY ACTS OF 1952 AND 1953: Public Law 165 (82d Congress, 1st Session), October 10, 1951; Amended by Public Law 400 (82d Congress, 2d Session), June 20, 1952, and Public Law 118 (83d Congress, 1st Session), July 16, 1953 (Ex- t to rith Be it enacted by the Senate and House of Representatives of the United ter States of America in Congress assembled, That this Act may be cited as the "Mutual Security Act of 1951", Sec. 2. (a) The Congress declares it to be the purpose of this Act to maintain the security and to promote the foreign policy of the United States by authorizing military, economic, and technical the assistance to friendly countries to strengthen the mutual security ized and individual and collective defenses of the free world, to develop mic their resources in the interest of their security and independence and the national interest of the United States and to facilitate the effective umie participation of those countries in the United Nations system for collective security. The purposes of the Mutual Defense Assistance Act of 1949, as amended (22 U. S. C. 1571-1604), the Economic stes Cooperation Act of 1948, as amended (22 U. S. C. 1501-1522), and the Act for International Development (22 U. S. C. 1557) shall hereafter be deemed to include this purpose. (b) · The Congress welcomes the recent progress in political federa- tion, military integration, and economic unification in Europe and reaffirms its belief in the necessity of further vigorous efforts toward ling these ends as a means of building strength, establishing security, and preserving peace in the North Atlantic area. In order to provide further encouragement to such efforts, the Congress believes it essential that this Act should be so administered as to support concrete measures for political federation, military integration, and economic unification in Europe. Appropriations made pursuant to paragraphs 101 (a) (1), relating to military assistance, and 101 (a) (2), relating to defense support and economic assistance, of this Act may be used, pursuant 165 Stat. 373, 66 Stat. 141, and 67 Stat. 152 respectively; Mutual Security Legislation and Related Documents, Committee Print of the House Committee in Foreign Affairs, 83d Cong., 1st sess., December 1953, pp. 1–42. For the sake of brevity, certain footnotes in the Committee print text which do not relate spe- the basic purposes of the acts are here deleted. The footnotes through- tifle out this document are from the Committee print. Except for sections 11 (amend- ing the Surplus Property Act of 1944, as amended) and 12 (authorizing appro- priations for the U. N. International Children's Emergency Fund) of the Mutual the Economic Cooperation Act of 1948), the acts of 1952 and 1953 consist of amendments to the Mutual Security Act of 1951, the Mutual Defense Assistance Act of 1949, as amended, the Economic Cooperation Act of 1948, as amended, and the Act for International Development. ? This subsection was added by sec. 2 of the Mutual Security Act of 1952. 100- acial tion lees Al'N- :cts 3 here nice! The ntal cifically to dical iner 3060 AMERICAN FOREIGN POLICY, 1950-1955 determined by the President that such assistance will contribute 1 The words "for Spain” were added by sec. 3 (a) of the Mutual Security Act 2 The words "or any Communist-dominated or Communist-occupied areas of to the applicable terms and conditions of the Mutual Defense Assist- ance Act of 1949, as amended, and of section 503 of this Act, respec- tively, to furnish assistance (including, in the case of amounts available pursuant to paragraph 101 (a) (2), transfers of funds) to any of the following organizations: (1) The North Atlantic Treaty Organiza- tion, (B) the European Coal and Steel Community, (C) the organiza- tion which may evolve from current international discussions con- cerning a European defense community. TITLE I-EUROPE SEC. 101 (a) In order to support the freedom of Europe through assistance which will further the carrying out of the plans for defense of the North Atlantic area, while at the same time maintaining the economic stability of the countries of the area so that they may meet their responsibilities for defense, and to further encourage the economic unification and the political federation of Europe, there are hereby authorized to be appropriated to the President for the fiscal year 1952 for carrying out the provisions and accomplishing the policies and purpose of this Act- (1) not to exceed $5,028,000,000 for assistance pursuant to the provisions of the Mutual Defense Assistance Act of 1949, as amended (22 U. S. C. 1571-1604), for countries which are parties to the North Atlantic Treaty, for Spain, and for any country of Europe (other than a country covered by another title of this Act) , which the President determines to be of direct importance to the defense of the North Atlantic area and whose increased ability to defend itself the President determines is important to the pres- ervation of the peace and security of the North Atlantic area and to the security of the United States (any such determination to be reported forthwith to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Repre- sentatives, and the Committees on Armed Services of the Senate and of the House of Representatives), and not to exceed $100; 000,000 of such appropriation for any selected persons who are residing in or escapees from the Soviet Union, Poland, Czecho- slovakia, Hungary, Rumania, Bulgaria, Albania, Lithuania, Latvia, and Estonia, or the Communist-dominated or Communist occupied areas of Germany and Austria, or any Communist- dominated or Communist-occupied areas of Asia ? and countries absorbed by the Soviet Union either to form such per Atlantic Treaty Organization 107 or other purposes , when it's sons into elements of the military forces supporting the North of 1952. Asia” were added by sec. 703 of the Mutual Security Act of 1953. mi It su U. tio for Ac hei of Ju pa pu any other Sec i TŁ tot tio pu of fer tio W! Co FOREIGN AID 3061 Senate and of the House of Representatives." e 0 e e e 6 e S paragraph: Provided, That not to exceed $10,000,000 of the funds made available whenever the President makes any such determination, he shall forthwith notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs United States. In addition, unexpended balances of appropria- tions heretofore made for carrying out the purposes of the Mutual Defense Assistance Act of 1949, as amended, through assistance to any of the countries covered by this paragraph are hereby authorized to be continued available through June 30, 1952, and to be consolidated with the appropriation authorized by this paragraph. Section 408 (c) of the Mutual Defense Assistance Act of 1949, as amended (22 Ù. S. C. 1579), is hereby repealed. There is hereby authorized to be appropriated to the President for the fiscal year 1953 not to exceed $3,415,614,750, for assistance pur- suant to the provisions of the Mutual Defense Assistance Act of 1949, as amended (22 U. S. C. 1571-1604) to countries eligible for assistance under this paragraph; and in addition unexpended balances of any appropriations heretofore made pursuant to this 5 paragraph are authorized to be continued available for their original purposes through June 30, 1953, and to be consolidated with the appropriation hereby authorized. (2) 2 There is hereby authorized to be appropriated to the President for the fiscal year 1953 not to exceed $1,282,433,000 to provide assistance to any country covered by paragraph (1) of this subsection and to any other country covered by section 503 of this Act in accordance with the provisions of such section; and in addition unexpended balances of appropriations heretofore made pursuant to this paragraph are authorized to be continued available for their original purposes through June 30, 1953, and to be consolidated with the appropriation hereby authorized (b) . Not to exceed 10 per centum of the total of the appropriations made available under this section may be transferred, when deter- This last sentence was added by sec. 3 (b) of the Mutual Security Act of 1952. This subsection was revised by sec. 3 C) of the Mutual Security Act of 1952. It formerly read as follows: "(2) not to exceed $1,022,000,000 for assistance pur- suant to the provisions of the Economic Cooperation Act of 1948, as amended (22 U.S. C. $§ 1501-1522) (including assistance to further European military produe- tion), for any country of Europe covered by paragraph (1) of this subsection and for any other country covered by section 103 (a) of the said Economic Cooperation Act of 1948, as amended. In addition, unexpended balances of appropriations heretofore made for carrying out the purposes of the Economic Cooperation Act June 30, 1952, and to be consolidated with the appropriation authorized by this pursuant to this paragraph may be utilized to effectuate the principles set forth in section 115 (e) of the Economic Cooperation Act of 1948, as amended.' h * This subsection was revised by sec. 701 (a) of the Mutual Security Act of 1953. total of the appropriations (granted pursuant toj made available under this sec- may be transferred, when determined by the President to be necessary for the purpose of this Act, between appropriations granted pursuant to either paragraph ferred shall be determined without reference to any balances of prior appropria- tions continued available pursuant to this section: Provided further], That, ce 0 3- e . ce 0 ET S et f 3062 AMERICAN FOREIGN POLICY, 1950–1955 fiscal year 1953 not to exceed $560,316,500, to carry out the purposes any appropriations heretofore made pursuant to this section are authorized to be continued available for their original purposes through 1 This subsection was added by sec. 3 (d) of the Mutual Security Act of 1952 PL 249, 82d Cong., the Mutual Security Appropriation Act, 1952, appro mined by the President to be necessary for the purpose of this Act, J between appropriations made available under either paragraph of sub- section (a): Provided, That whenever the President makes any such determination, he shall forthwith notify the Committee on Foreign is Relations of the Senate, the Committee on Foreign Affairs of the p House of Representatives, and the Committees on Armed Services of i the Senate and of the House of Representatives. th (c) 1 Not less than $25,000,000 of the funds made available under authority of subsections (a) and (b) of this section shall be used for p economic, technical, and military assistance to Spain in accordance de with the provisions of this Act. Unexpended balances of appropri- re ations made available for assistance to Spain pursuant to this section by the Act of October 31, 1951 (Public Law 249, Eighty-second Conde gress), are authorized to be continued available until June 30, 1953 SEC. 102. There is hereby authorized to be appropriated to the ti President for the fiscal year 1954, to be made available on such terms Up and tions, including transfer of funds, as he may specify, (1) not to exceed $100,000,000 for manufacture in France of artillery, am- munition, and semiautomatic weapons required by French forces for w the defense of the North Atlantic area, and (2) not to exceed $100, py 000,000 for manufacture in the United Kingdom of military aircraft vi required by United Kingdom forces for the defense of the North At th lantic area. in TITLE II-NEAR EAST AND AFRICA Sec. 201. In order to further the purpose of this Act þy contin- de uing to provide military assistance to Greece, Turkey, and Iran, there ar are hereby authorized to be appropriated to the President for the fiscal St year 1952, not to exceed $396,250,000 for furnishing assistance to mi Greece and Turkey pursuant to the provisions of the Ắct of May 2 Af 1947, as amended (22 U.S. C. 1401–1410), and for furnishing assistance Ar to Iran pursuant to the provisions of the Mutual Defense Assistance | Ni Act of 1949, as amended (22 U. S. C. 1571-1604). In addition, un-ren expended balances of appropriations heretofore made for assistance to ser Greece and Turkey, available for the fiscal year 1951, pursuant to the site Act of May 22, 1947, as amended, and for assistance to Iran pursuant of to the Mutual Defense Assistance Act of 1949, as amended, are hereby authorized to be continued available through June 30, 1952, and to be There is hereby authorized to be appropriated to the President for the mis 2 ar W an ag ay 20 $Spain. 2 This section was added by sec. 201 point the Mutual Security Act of 1954 FOREIGN AID 3063 m- ? Sec. 701 (b) of the Mutual Security Act of 1953 deleted from this location the =of following expression: “(excluding balances of prior appropriations continued available) pursuant to section 201" and substituted the phrase "under section et, June 30, 1953, and to be consolidated with the appropriation hereby bauthorized.) ch Sec. 202. (a) Whenever the President determines that such action gm is essential for the purpose of this Act, he may provide assistance, pursuant to the provisions of the Mutual Defense Assistance Act of of 1949, as amended, to any country of the Near East area (other than those covered by section 201) and may utilize not to exceed 10 per ler centum of the amount made available 2 under section 201 of this Act: or Provided, That any such assistance may be furnished only upon ce determination by the President that (1) the strategic location of the Ti recipient country makes it of direct importance to the defense of the Ot Near East area, (2) such assistance is of critical importance to the defense of the free nations, and (3) the immediately increased ability 3. of the recipient country to defend itself is important to the preserva- hetion of the peace and security of the area and to the security of the as United States lot (b) · There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $50,000,000 to be available, for whenever the President determines that such action is essential for the 0; purpose of this Act, in order to provide assistance, pursuant to the pro- aft visions of the Mutual Defense Assistance Act of 1949, as amended, in Ito the area of the Near East and Africa. Such assistance may be fur- nished to any organization created pursuant to a regional defense arrangement in the area, to any nation in the general area participating in such an arrangement, or to any other nation in the general area which the President determines to be of direct importance to the in defense of the area and whose increased ability to defend itself the ere President determines to be important to the security of the United cal States (any such determination to be reported forthwith to the Com- to mittee on Foreign Relations of the Senate, the Committee on Foreign 23 , Affairs of the House of Representatives, and the Committees on nco Armed Services of the Senate and of the House of Representatives). ce No assistance shall be furnished under this subsection unless the In recipient nation has agreed (1) that the equipment, materials, or to services provided will be used solely to maintain its internal security, the its legitimate self-defense, or to permit it to participate in the defense an of the area, or in United Nations collective security arrangements and measures, and (2) that it will not undertake any act of aggression against any other nation. * This sentence was added by sec. 4 (a) of the Mutual Security Act of 1952. * This subsection was added by sec. 704 of the Mutual Security Act of 1953. be OD. the SAS 201”. aro ngh 152 pro- + 3064 AMERICAN FOREIGN POLICY, 1950–1955 UCS cas ar: vis ass ex to carry out the purposes and provisions of this section, and in addition unexpendel of section 503 of this Act and the Act for International Development (22 U.S.C! SEC. 203. In order to further the purpose of this Act in Africa and the Near East there is hereby authorized to be appropriated to Es the President for the fiscal year 1953 not to exceed $50,822,750 to th carry out the purposes and provisions of this section; and in addition be unexpended balances of any appropriations heretofore made purso SD ant to this section are authorized to be continued available for their op original purposes through June 30, 1953, and to be consolidated with the appropriation hereby authorized. Funds appropriated pursuant in to this section shall be available under the applicable provisions of section 503 of this Act and the Act for International Development U. (22 U. S. C. 1557). Sec. 204. Not to exceed $50,000,000 of the funds authorized under ap section 203 hereof may be contributed to the United Nations during the fiscal year 1952, for the purposes, and under the provisions, of the United Nations Palestine Refugee Aid Act of 1950 (22 U.S.C. 1556): Provided, That, whenever the President shall determine that it would more effectively contribute to the purposes of the said United Nations Palestine Refugee Aid Act of 1950, he may allocate ment to be utilized in furtherance of the purposes of said Act and As any amount so allocated shall be a part of the United States com- her tribution to the United Nations Relief and Works Agency for Pales : yes tine Refugees in the Near East and shall be so credited by said ba Agency VIE Sec. 205. In order to assist in the relief of refugees coming into as Israel, not to exceed $50,000,000 of the funds authorized under ser com tion 203 hereof may be utilized during the fiscal year 1952, unde wit such terms and conditions as the President may prescribe, for specific ba refugee relief and resettlement projects in Israel. 1 This section was revised by sec. 4 (b) of the Mutual Security Act of 1982 The changes made are shown as follows: "Sec. 203. In order to further the pur- pose of this Act in Africa and the Near East (, there are) there is hereby author of ized to be appropriated to the President l for the fiscal year [1952, 195 pri not to exceed ($160,000,000 for economic and technical assistance in Africa am the Near East in areas other than those covered by section 103 (a) of the Eco nomic Cooperation Act of 1948, as amended (22 U.S. C. 1502) Funds appre priated pursuant to this section shall be available under the applicable provision du of the Economic Cooperation Act of 1948, as amended (22 U. S. C. 1501-15 and of the Act for International Development 122.U.S.C. 1557).J $60,82, ized to be continued arailable for their original purposes through June 30 , and to be consolidated with the appropriation hereby authorized. Funds company as au no ize Ju th author 1 19 fol! aut pu: du 1557)." dui thi ou ant 2 Of 3 FOREIGN AID 3065 108 authorized to be appropriated not to exceed $60,063,250 for carrying out the purposes and provisions of section 205 of this Act, relating to refugees in Israel, Sec. 206.' In order to further the purpose of this Act in the Near to East and Africa, there is hereby authorized to be appropriated to to the President for the fiscal year 1954 not to exceed $194,000,000 to 101 be used, on such terms and conditions as he may specify, to furnish s special economic assistance designed to promote the economic devel- opment of the area, for relief and rehabilitation of refugees in the ith area, and for other types of economic assistance to assist in maintain- int ing economic and political stability in the area. The applicable pro- of visions of the Act for International Development (64 Stat. 204, 22 24 | U.S. C. 1557), except the provisions relating to the purpose for which assistance may be given, or of section 503 (b) (3) of this Act, shall apply to the expenditure of funds pursuant to this section to the og extent that they are not inconsistent with the purposes of this section. C. TITLE III-ASIA AND PACIFIC hat aid Sec. 301. In order to carry out in the general area of China (includ- ateing the Republic of the Philippines and the Republic of Korea) the T: provisions of subsection (a) of section 303 of the Mutual Defense And Assistance Act of 1949, as amended (22 U. S. C. 1604 (a)), there are on hereby authorized to be appropriated to the President for the fiscal les year 1952, not to exceed $535,250,000. In addition, unexpended aid balances of appropriations heretofore made for carrying out the pro- visions of title III of the Mutual Defense Assistance Act of 1949, nto as amended (22 U. S. C. 1602-1604), are hereby authorized to be el continued available through June 30, 1952, and to be consolidated de with the appropriation authorized by this section. Not to exceed ci | $50,000,000 of funds appropriated pursuant to this section (excluding balances of appropriations continued available) may be accounted for as provided in subsection (a) of said section 303. There is hereby 952. authorized to be appropriated to the President for the fiscal year 1953 not to exceed $564,807,500, to carry out the purposes and provisions of this section; and in addition unexpended balances of any appro- priations heretofore made pursuant to this section are hereby author- ized to be continued available for their original purposes through June 30, 1953, and to be consolidated with the appropriation hereby Sec. 302. (a) In order to further the purpose of this Act through the strengthening of the area covered in section 301 of this Act, This sec. 206 was substituted by sec. 501 of the Mutual Security Act of 1953 for a prior sec. 206 on the subject of refugees. The old sec. 206 read as follows: "In addition to the amounts authorized by section 203, there is hereby purposes and provisions of section 204 of this Act, 'relating to Palestine refugees, during the fiscal year 1953; and not to exceed $10,228,000 for carrying out the this section which the President finds cannot be effectively expended to carry out the purposes and provisions of sections 204 and 205 may be transferred to and merged with the appropriations authorized by section 203.” This sentence was added by sec. 5 (a) of the Mutual Security Act of 1952. Prom this location there was deleted, by sec. 705 of the Mutual Security Act of 1953, the parenthetical expression"(but not including the Republic of Korea).” hor 1953 80ರ Eco ETU 306 authorized. 2 166 ded hor 958 C 3066 AMERICAN FOREIGN POLICY, 1950–1955 8. ta m. 17 CO AC au sti va th of China" the first time it appears therein. Unexpended balances of 1 The changes made in this sentence by sec. 5 (b) of the Mutual Security Act of 1952 are shown as follows: "Funds appropriated pursuant to the authority di this section shall be available under the applicable provisions of the Economie Cooperation Act of 1948, as amended (22 U.S. C. 1501-1522), and the applicant the provisions of section 503 of this Act and the applicable provisions of the Act for 2 This sentence was added by sec. 5 (b) of the Mutual Security Act of 1952. 3 This subsection was added by sec. 502 of the Mutual Security Act of 1951 there are hereby authorized to be appropriated to the President, for the fiscal year 1952, not to exceed $237,500,000 for economic and p technical assistance in those portions of such area which the President deems to be not under Communist control. Funds appropriated pur- suant to authority of this section shall be available under the applicable th provisions of Section 503 of this Act and the applicable provisions of D the Act for International Development (22 U. S. C. 1557). In th Id addition, unexpended balances of funds heretofore made available for carrying out the purposes of the China Area Aid Act of 1950 (23 K U.S. C. 1547), are hereby authorized to be continued available through June 30, 1952, and to be consolidated with the appropriation author ized by this section. There is hereby authorized to be appropriated to the President for the fiscal year 1953 not to exceed $202,778,250 , carry out the purposes and provisions of this subsection in accordanc with the applicable provisions of section 503 of this Act and not to exceed $118,634,250 to carry out the purposes and provisions of this bi subsection in accordance with the applicable provisions of the Ac for International Development (Public Law 535, Eighty-first Com gress); and in addition unexpended balances of any appropriations th heretofore made pursuant to this subsection are hereby authorized to to be continued available for their original purposes through June 30 , 1953, and to be consolidated with the appropriation hereby author ized.2 (b) 3 In order to further the purpose of this Act in India and Pak th istan, there is hereby authorized to be appropriated to the Presiden for the fiscal year 1954 not to exceed $94,400,000 to be used, on such terms and conditions as he may specify, to furnish special economy th assistance designed to promote the economic development of such countries, to assist in maintaining economic and political stability therein, and to enable the countries designated in this subsection to any make greater progress toward solving their mutual problems in com operation with each other. The applicable provisions of the Act for rel International Development, except the provisions relating to the purpose for which assistance may be given, or of section 503 (b ) ! of this Act, shall apply to the expenditure of funds pursuant to tas section to the extent that they are not inconsistent with the purposes of this section. Wł (c) The third proviso of section 202 of the China Area Aid Actor 1950 is amended by inserting and of Korea" after "selected citizer U. S. C. 1557) re sed CO] ary the 1 2 See 3 19: 4 5 Ser 8 : FOREIGN AID 3067 OT 1 D f d 0 32 80 15 et 1 15 1 the Mutual Security Act of 1953. allocations heretofore made to the Secretary of State pursuant to that proviso shall be continued available until expended. at Sec. 303. (a) In order to provide for a United States contribution to the United Nations Korean Reconstruction Agency, established by the resolution of the General Assembly of the United Nations of December 1, 1950, there are hereby authorized to be appropriated to the President for the fiscal year 1953 ? not to exceed $45,000,000. In addition, unobligated balances of the appropriations heretofore I 12 made, and available during the fiscal year 1951, for assistance to ih Korea under authority of the Far Eastern Economic Assistance Act of 1950, as amended (22 U.S. C. 1543, 1551, 1552), are hereby author- ized to be continued available through June 30, 1953,3 and to be consolidated with the appropriation authorized by this section. In addition, the United States Department of the Army is hereby authorized to make available to the United Nations Korean Recon- struction Agency, at the time when that agency assumes full responsi- bility for relief and rehabilitation in Korea, goods and services of a value not to exceed $40,750,000 - which the Department of the Army then has on hand or on order for civilian relief in Korea and which the President determines should be contributed by the United States to the United Nations Korean Reconstruction Agency for use in its relief and rehabilitation operations in Korea. The value of goods and services made available pursuant to the preceding sentence shall be credited toward the contribution to be made by the United States to the United Nations Korean Reconstruction Agency. Not to exceed per centum of the total of the appropriations authorized by this section may, when determined by the President to be necessary for purpose of this Act, be transferred to and consolidated with the appropriation authorized by paragraph 302 (a). There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $71,000,000 for making contributions to the United Nations Korean Reconstruction Agency, or such other agency for relief and rehabilitation in Korea as the President may direct. (b) The sums made available pursuant to subsection (a) may be contributed from time to time on behalf of the United States in such amounts as the President determines to be appropriate to support those functions of the United Nations Korean Reconstruction Agency which the military situation in Korea permits the Agency to undertake * This sentence was added by sec. 5 (c) of the Mutual Security Act of 1952. 2 The words "for the fiscal year 1953) were added by sec. 5 (d) of the Mutual Security Act of 1952. . Changed from "1952” to “1953" by sec. 5 (e) of the Mutual Security Act of *This figure was changed from $67,500,000 to $40,750,000 by sec. 605 (b) of * This and the preceding sentence were added by sec. 5 (f) of the Mutual Security Act of 1952. * This sentence was added by sec. 605 (a) of the Mutual Security Act of 1953. 50 the to 0- a 6 37 US es de 1952. 51 Of 3068 AMERICAN FOREIGN POLICY, 1950--1955 1 1 1 ass Pre ass me Ac Oui tar found by the President to require the recipient country to participate Mutual Security Act of 1952; "The aggregate amount which may by contributed by the value of goods and services made available to Korea by any department on behalf of the United States pursuant to the preceding sentence shall be reduced or agency of the United States for relief and economic assistance after the assump 3 This section was added by sec. 201 (c) of the Mutual Security Act of 1952 4 The words "and non-self-governing territories of the Western Hemisphere" pursuant to arrangements between the Agency and the United Nations Unified Command. in Ar (c) The provisions of subsections 304 (a) and (b) of the United hes Nations Palestine Refugee Aid Act of 1950 (22 U. S. C. 1556 (b)) are an hereby made applicable with respect to Korean assistance furnished tha under this section. HE (d) Unencumbered balances of sums heretofore or hereafter de Sta posited in the special account established pursuant to paragraph (2) mi of article V of the agreement of December 10, 1948, between the wi United States of America and the Republic of Korea (62 Stat., per 3, 3788)2 shall be used in Korea for such purposes as the President pe determines to be consistent with United Nations programs for assist . of ance to Korea and as may be agreed to between the Government of the United States and the Republic of Korea. (e) The functions of the Administrator for Economic Cooperation under the provisions of section 3 of the Far Eastern Economic Assist- ance Act of 1950, as amended (22 U. S. C. 1551), shall hereafter be performed by such departments or agencies of the Government a the President shall direct. ap Sec. 304. There is hereby authorized to be appropriated to to the Pro President for the fiscal year 1954, to be made available on such terms and conditions, including transfer of funds, as he may specify , not to exceed $400,000,000 for the procurement of equipment, material and services (as defined in section 411 of the Mutual Defense Assist . ance Act of 1949, as amended) which are required by and are to be made available to, or are necessary for the support of the forces el the Associated States of Cambodia, Laos, and Vietnam and the PUI forces of France located in such Associated States. api TITLE IV-AMERICAN REPUBLICS AND NON-SELF-GOV . ERNING TERRITORIES OF THE WESTERN HEM. SPHERE Sec. 401. In order to further the purpose of this Act through the furnishing of military assistance to the other American Republis there are hereby authorized to be appropriated to the President gre the the fiscal year 1952, not to exceed $38,150,000 for carrying out is poi Assistance Act of 1949, as amended: Provided, That such assistane purposes of this section under the provisions of the Mutual Defesa may be furnished only in accordance with defense plans which a 1 The following sentence was deleted from this subsection by sec. 5 (8aprile United Nations Korean Reconstruction agency.' 2 TIAS 1908. . c) were added by sec. 6 of the Mutual Security Act of 1952. car tec bal sec TI 4 S. and as Sec bis 1 wer 3 195: Seci Mu of t FOREIGN AID 3069 OS ed at at 01 at TIS to 1953, effective Aug. 1, 1953 [infra, doc. 12]. The functions vested by the Mutual al Security Act of 1951, as amended, and any other statutes, in the Director for Mutual Security were transferred by sec. 2 (a) of the same plan to the Director of the Foreign Operations Administration, in missions important to the defense of the Western Hemisphere. Any such assistance shall be subject to agreements, as provided ed herein and as required by section 402 of the Mutual Defense Assist- ance Act of 1949, as amended (22 U.S. C. 1573), designed to assure that the assistance will be used to promote the defense of the Western Hemisphere; and after agreement by the Government of the United States and the country concerned with respect to such missions, military assistance hereunder shall be furnished only in accordance with such agreement. Sec. 402. In order to further the purpose of this Act among the peoples of the American Republics and non-self-governing territories of the Western Hemisphere 1 through the furnishing of technical assistance, there are hereby authorized to be appropriated to the President, for the fiscal year 1952, not to exceed $21,250,000 for assistance under the provisions of the Act for International Develop- ment (22 U.S. C. 1557) and of the Institute of Inter-American Affairs Act, as amended (22 U. S. C. 281). Sec. 403. In addition to the amounts heretofore authorized and he appropriated, there are hereby authorized to be appropriated to the President for the fiscal year 1953 not to exceed $57,685,750 to carry out the purposes and provisions of section 401, which relates to mili tary assistance for Latin America, and not to exceed $20,329,000 to carry out the purposes and provisions of section 402, which relates to technical assistance for Latin America. In addition, unexpended be of balances of the appropriation heretofore made pursuant to each such section are authorized to be continued available for their original he purposes through June 30, 1953, and to be consolidated with the applicable appropriation authorized by this section. V. TITLE V--ORGANIZATION AND GENERAL PROVISIONS 1 UNIFIED DIRECTION OF PROGRAM Sec . 501. (a) In order that the programs of military, economic, and technical assistance authorized by this Act may be administered as parts of a unified program in accordance with the intent of Con- ho gress and to fix responsibility for the coordination and supervision of programs in a single person, the President is authorized to ap- point in the Executive Office of the President a Director for Mutual Security. The Director, on behalf of the President and subject to his direction, shall have primary responsibility for- (1) continuous supervision and general direction of the assist- ance programs under this Act to the end that such programs shall be (A) effectively integrated both at home and abroad, and The words “and non-self-governing territories of the Western Hemisphere" were added by sec. 6 of the Mutual Security Act of 1952. This section was added by sec. 6 of the Mutual Security Act of 1952. *This office was abolished by sec. 8 (a) (1) of Reorganization Plan No. 7 of he pa these te he జ జా జనా ܝܫܝܢ 3070 AMERICAN FOREIGN POLICY, 1950–1955 S. ກ. 0 0 W 2 1 The part of this sentence which begins with the words and the supervision "[6] (7) The Secretaries and Under Secretaries of other executive departments | and of the military departments, the Chairman of the Munitions Board, and the President by and with the advice and consent of the Senate, to serve at his Chairman of the Research and Development Board, when appointed by the 3 The Administration and the offices abolished by this section were established / (B) administered so as to assure that the defensive strength of the free nations of the world shall be built as quickly as possible on the basis of continuous and effective self-help and mutual aid (2) preparation and presentation to the Congress of such pro- grams of foreign military, economic, and technical assistance as may be required in the interest of the security of the United States; (3) preparation for the President of the report to the Congress required by section 518 of this Act and the supervision, coordin- tion, and evaluation of all reports prepared by agencies of the United States Government in the course of their operations under f this Act, in order to prevent duplication of effort and to insure a reduction of reporting requirements to the minimum essential for effective operation. (e) (1) The fourth paragraph of section 101 (a) of the National Security Act of 1947, as amended (50 U.S. C. 402 (a)), is amended by b t inserting after clause (4) the following: ti "(5) the Director for Mutual Security; and by renumbering clauses (5) and (6) thereof as clauses (6) and (7) respectively. MUTUAL SECURITY AGENCY Sec. 502. (a) The Economic Cooperation Administration and the S offices of Administrator for Economic Cooperation, Deputy Admini- trator, United States Special Representative in Europe, and Deputy Special Representative are hereby abolished.3 (b) To assist in carrying out the purpose of this Act-- (1) there is hereby established, with its principal office at the seat of the government, a Mutual Security Agency, hereinafter was added by sec. 7 (b) of the Mutual Security Act of 1952. 2 As amended, sec. 101 (a) provides that the National Security Council shall be composed of "(1) The President; "(2) The Vice President; (3) The Secretary of State; "(4) The Secretary of Defense; “(5) The Director for Mutual Security; "*15(6) The Chairman of the National Security Resources Board; and pleasure.' repealed by by sec. 104 of the Economic Cooperation Act of 1948, which was sec. 7 (c) of the Mutual Security Act of 1952. 1 A SI CE FOREIGN AID 3071 of ble ad ; FO- as ed 28 14 ler re 18! referred to as the Agency, which shall be headed by the Director for Mutual Security; and (2) there shall be transferred to the Director the powers, func- tions, and responsibilities conferred upon the Administrator for Economic Cooperation by the Economic Cooperation Act of 1948, as amended, and by any other law, but no such powers, functions, and responsibilities shall be exercised after June 30, 1952, except as provided in subsection (c) of this section. (C) Not later than April 1, 1952, the President shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives which of the powers, functions, and responsibilities transferred to the Director by subsection (b) (2) are found by the President to be necessary to enable the Direc- tor after June 30, 1952, to carry out the duties conferred upon him by section 503. The termination provisions of section 122 of the Eco- nomic Cooperation Act of 1948, as amended,' shall come into effect on June 30, 1952, and none of the powers, functions, and responsi- bilities conferred by that Act shall be exercised after that date, except those powers, functions, and responsibilities found necessary to enable the Director to carry out the duties conferred on him by section 503 of this Act, which powers, functions, and responsibilities unless other- wise provided by law shall continue in effect until June 30, 1954. nal 7), ADDITIONAL DUTIES OF DIRECTOR FOR MUTUAL SECURITY che us. t che ter Sec. 503. (a) After June 30, 1952, the Director, on behalf of the President and subject to his direction, shall, in consultation with the Secretaries of State and Defense, continue to have primary respon- sibility for- (1) the development and administration of programs of assist- ance designed to sustain and increase military effort, including production, construction, equipment and matériel in each country or in groups of countries which receive United States military (2) the provision of such equipment, materials, commodities, services, financial, or other assistance as he finds to be necessary for carrying out mutual defense programs; and (3) the provision of limited economic assistance to foreign nations for which the United States has responsibility as a result of participation in joint control arrangements when the President finds that the provision of such economic assistance is in the interest of the security of the United States. assistance; 101 [(b) repeals the Economic Cooperation Act of 1948, as amended, ex- cept for certain portions.) che is pl Sec. 122 was repealed by sec. 7 (c) of the Mutual Security Act of 1952. be 3072 AMERICAN FOREIGN POLICY, 1950-1955 APPOINTMENT AND TRANSFER OF PERSONNEL m VO CO SO THE SECRETARY OF STATE RI THE SECRETARY OF DEFENSE or le. For the purposes of this subsection 1 The offices established by this section were all abolished by sec. 8 of Reorgan: zation Plan No. 7 of 1953 [infra, doc. 12). The office of Deputy Director of the North Atlantic Treaty Organization and European Regional Organizations is Memorandum with Reference to the Reorganization of the Special Representa tive in Europe (SRE)” (text in Department of State Bulletin, July 13, 1953, p. 487 2 Sec. 7 (g) of the Mutual Security Act of 1952 substituted the phrase, “begir- 3 Sec. 7 (g) of the Mutual Security Act of 1952 substituted "403 (0)" for SEC. 504." (a) To carry out the functions conferred by sections 502 and 503 of this Act, there shall be in the Agency a Deputy Director, a Special Representative in Europe, and a Deputy Special Representa- tive in Europe, who shall be appointed by the President by and with the advice and consent of the Senate. to G Sec. 505. Nothing contained in this Act shall be construed to U infringe upon the powers or functions of the Secretary of State. SEC. 506. (a) In the case of aid under this Act for military end items and related technical assistance and advice, the Secretary of Defense pr shall have primary responsibility and authority for- (1) the determination of military end-item requirements; (2) the procurement of military equipment in a manner which permits its integration with service programs; (3) the supervision of end-item use by the recipient countries; (4) the supervision of the training of foreign military per- sonnel; and (5) the movement and delivery of military end items. (b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secre- tary of Defense. The apportionment of funds between countries shall be determined by the President. (c) Notwithstanding any other provision of law, beginning with July 1, 1952, the Secretary of Defense may furnish (subject to reim- bursement from funds appropriated pursuant to this Act) military of assistance out of the materials of war whose production in the United States shall have been authorized for, and appropriated to, the Depart- ment of Defense: Provided, however, That nothing in this Act shall authorize the furnishing of military items under this subsection in ) ( of the Mutual Defense Assistance Act of 1949, as amended, and (? the term "materials of war” means those goods, commonly known as DE au ur as W] re 3 nic tio 3 ning with July 1, 1952” for the phrase, during the fiscal year 1952.". fer isti in ise "402 (c)”. FOREIGN AID 3073 military end items, which are required for the performance of their missions by armed forces of a nation, including weapons, military vehicles, ships of war under fifteen hundred tons, aircraft, military communications equipment, ammunition, maintenance parts and spares, and military hardware. OVERSEAS COORDINATION SEC. 507. The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. COOPERATION ADMINISTRATION INSTITUTE OF INTER-AMERICAN AFFAIRS Sec. 508. Nothing in this Act shall be construed to modify the provisions of section 412 of the Act for International Development 2 or the provisions of the Institute of Inter-American Affairs Act.3 RELATIONSHIP TO TECHNICAL AND DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS Sec. 509... SECURITY CLEARANCE Sec. 510... } S or ELIGIBILITY FOR ASSISTANCE Sec. 511. (a) No military, economic, technical assistance authorized pursuant to this Act (other than assistance provided under section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended) shall be supplied to any nation in order to further military effort unless the President finds that the supplying of such assistance will strengthen the security of the United States and unless the recipient country has agreed to--- (1) join in promoting international understanding and good will, and maintaining world peace; (2) take such action as may be mutually agreed upon to elimi- nate causes of international tension; (3) fulfill the military obligations which it has assumed under multilateral or bilateral agreements or treaties to which the United 1 9 0 S States is a party; 3 } (4) makė, consistent with its political and economic stability, the full contribution permitted by its manpower, resources, | The word "end" was added by sec. 7 (g) of the Mutual Security Act of 1952. * Sec. 1 (b) of Ex. Or. 10458, June 1, 1953' [infra, doc. 13), transferred the Tech- nical Cooperation Administration from the Department of State to the jurisdic- tion of the Director of the Foreign Operations Administration. * Sec. 3 of Reorganization Plan No. 7 of 1953 (effective Aug. 1, 1953), ferred the Institute of Inter-American Affairs to the Foreign Operations Admin- istration and transferred the functions vested by the Inter-American Affairs Act in the Secretary of State to the Director of the Foreign Operations Administration trans- (see infra, doc. 12). 41690057-TOL. 2 3074 AMERICAN FOREIGN POLICY, 1950–1955 assisten/ 1 This subsection was added by sec, 7 (h) of the Mutual Security Act of 1952 degree and at a rate commensurate with the rate of progress made Sec. 512. In order to carry out the purpose of this Act, with respect to those countries eligible to receive assistance as provided herein, funds shall be available as authorized and appropriated to the Pres facilities, and general economic condition to the development and maintenance of its own defensive strength and the defensive strength of the free world; (5) take all reasonable measures which may be needed to develop its defense capacities; and (6) take appropriate steps to insure the effective utilization of the economic and military assistance provided by the United States. (b) No economic or technical assistance shall be supplied to any other nation unless the President finds that the supplying of such assistance will strengthen the security of the United States and pro- mote world peace, and unless the recipient country has agreed to join in promoting international understanding and good will, and i maintaining world peace, and to take such action as may be mutually agreed upon to eliminate causes of international tension. (c)? (1) The Congress of the United States finds that mutual security can be realized only to the extent that the countries who receive our aid do their utmost to help themselves and cooperate among themselves and with the United States to the fullest extent under this Act, the Congress of the United States affirms the desire of the United States to continue to use its leadership and resources for the purpose of uniting the efforts of recipient countries to the end that positive accomplishments toward mutual security may be realized with a maximum of efficiency and a minimum of delay and cost. (2) In addition to the provisions of subsections (a) and (b) of this section, the Director, in administering this Act, shall insure that , where necessary to the mutual security effort, no country shall receive any assistance hereunder unless it take decisive action to marshal is resources collectively, or individually where more suitable, w integration and unification plans in the appropriate area, and par ticipate in programs which promote collective security in that are The Director shall insure that, where suitable or necessary to the success of the mutual security effort, countries take adequate steps to mobilize their industries for mutual defense and gear their fisca budgetary, capital, political, and military resources to the objective of this Act and take appropriate other steps toward self-help al mutual cooperation. (3) Assistance shall be given on a country-by-country basis to in the attainment of the objectives of this Act. FUTURE AUTHORIZATIONS : dent each fiscal year. FOREIGN AID 3075 ent EVE SPECIAL USE OF FUNDS 1 Sec 513... STRATEGIC MATERIALS to S 100 Sec. 514.2 In order to reduce the drain on United States resources and to assure the production of adequate supplies of essential raw materials for the collective defense of The free world, the Director for Mutual Security is authorized to initiate projects for, and assist in procuring and stimulating increased production of, materials in which deficiencies or potential deficiencies in supply exist among nations receiving United States assistance. There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $7,500,000 to carry out the provisions of this section. ach TO to PROTECTION AGAINST ATTACHMENT SEC. 515. ... ula ! ho ENCOURAGEMENT OF FREE ENTERPRISE ate ent nce SITE "Ces end zed Sec. 516. (a) The Congress recognizes the vital role of free enterprise in achieving rising levels of production and standards of living essential to the economic progress and defensive strength of the free world. Accordingly, it is declared to be the policy of the United States, in furtherance of the objectives of this Act, to encourage the efforts of other free countries in fostering private initiative and com- petition, in discouraging monopolistic practices, in improving the technical efficiency of their industry, agriculture, and commerce, and in the strengthening of free labor unions; and to encourage American enterprise in contributing to the economic strength of other free countries through private investment abroad and the exchange of ideas and technical information on the matters covered by this subsection. chis care its mith 741 re8 Ebe eps cal res and 08 8de 1. This heading was substituted for "Transferability Between Titles” by sec. 7 (i) of the Mutual Security Act of 1952. ? This section was revised by sec. 7 (j) of the Mutual Security Act of 1952. It formerly read: "In order to promote the increased production, in areas covered by this Act, of materials in which the United States is deficient, not to exceed $55,000,000 of the funds authorized to be appropriated pursuant to section 101 (a) (2) of this Act may be used pursuant to the authority contained in the Economic Cooperation Act of 1948, as amended (22 U. S. C. 1501-1522). The last sentence was added by sec. 402 of the Mutual Security Act of 1953. 3 Subsec. (a) was revised by sec. 710 (a) of the Mutual Security Act of 1953. It formerly read as follows: "It is hereby declared to be the policy of the Congress that this Act shall be administered in such a way as (1) to eliminate the barriers to, and provide the incentives for, a steadily increased participation of free private enterprise in developing the resources of foreign countries consistent with the policies of this Act, (2) to the extent that it is feasible and does not interfere with the achieve- ment of the purposes set forth in this Act, to discourage the cartel and monopolistic business practices prevailing in certain countries receiving aid under this Act which result in restricting production and increasing prices, and to encourage where suitable competition and productivity, and (3) to encourage where suitable the development and strengthening of the free labor union movements as the collective bargaining agencies of labor within such countries." lect Pill : pil 22 3076 AMERICAN FOREIGN POLICY, 1950–1955 made available pursuant to section 203 of this Act and not to exceed of 1952. Sec. 710 (a) (2) of the Mutual Security Act of 1953 deleted the words "To accomplish the purpose of clause (1) of subsection (a) of this section, under" at the beginning of subsection (b) and substituted in lieu thereof the word "Under", 2 The Technical Cooperation Administration was transferred to the jurisdiction of the Director for Mutual Security by sec. 1 (b) of Ex. Or. 10458 [infra, doc. 13. Mutual Security became the Director of the Foreign Operations Administration. Pursuant to Reorganization Plan No. 7 of 1953 [infra, doc. 12), the Director for U 1 th p. p SE S C fi p as (b) 1 Under the coordination of the Director for Mutual Security , the Mutual Security Agency, cooperating with private business groups and governmental agencies to the fullest extent possible, shall encour- age a greater participation by private capital in the guaranty program and shall develop broad criteria to facilitate such participation, including programs consistent with the purposes of the Act for International Development. (c) The Department of Commerce shall, in cooperation with such groups and agencies (including the International Bank for Recon- struction and Development), conduct a thorough study of the legal and other impediments, foreign and local, to private investment abroad, and the methods and means whereby those impediments can be removed or decreased and shall make recommendations thereon to the Director for Mutual Security. (d) The Department of State, in cooperation with other agencies of the Government concerned with private investment abroad, and taking into account the study and recommendations described in subsection () of this section, shall accelerate a program of negotiating treaties of commerce and trade, or other temporary arrangements where more suitable or expeditious, which shall include provisions to encourage and facilitate the flow of private investment to countries participating in programs under this Act. (e) The Technical Cooperation Administration, taking into a count the study and recommendations described in subsection (C) of this section, shall encourage and facilitate a greater participation by private industrial groups or agencies in private contracts awarded by the Administration, and shall, in cooperation with the Department of Commerce and the Mutual Security Agency, find and draw the attention of private enterprise to opportunities for investment and development in underdeveloped areas. (f) The reports required by section 518 of this Act shall include detailed information on the implementation of this section. CI Y 2 1 s! W of W no PATENTS AND TECHNICAL INFORMATION SEC. 517... 位址​wwmw似的​例​mA-址 ​REPORTS SEC. 518... LOCAL CURRENCY Sec. 519. (a) Upon a determination by the Director that it wil further the purpose of this Act, not to exceed $10,000,000 of the funds Subsecs. (b) through (f) were added by sec. 7 (k) of the Mutual Security and th fo AC Ui U2 me ca FOREIGN AID 3077 Act may be advanced out of funds made available for assistance under section 503 of this Act to countries covered by said sections in return for equivalent amounts of the currency of such countries being made available to meet local currency needs of the aid programs in such countries pursuant to agreements made in advance with the United States: Provided, That except when otherwise prescribed by the Director as necessary to the effective accomplishment of the aid programs in such countries, all funds so advanced shall be held under procedures set out in such agreements until used to pay for goods and services approved by the United States or until repaid to the United States for reimbursement to the appropriation from which drawn. (b) In order to assist in carrying out the provisions of the Economic Cooperation Act of 1948, as amended, not to exceed $50,000,000 of funds made available under the authority of this Act for assistance pursuant to the provisions of the Economic Cooperation Act of 1948, as amended (22 U. S. C. 1501-1522), may be used to acquire local currency for the purpose of increasing the production of materials in which the United States is deficient. GUARANTIES 1 1 Sec. 520. Funds realized from the sales of notes pursuant to section 111 (c) (2) of the Economic Cooperation Act of 1948, as amended, shall be available for making guaranties of investments in accordance with the applicable provisions of sections 111 (b) (3) and 111 (c) (2) of the Economic Cooperation Act, as amended, in any country with which the United States has agreed to institute the guaranty program, notwithstanding the provisions of section 511 of this Act.? 2 1 ADMINISTRATIVE EXPENSES Sec. 521. Funds made available for carrying out the provisions of title I of this Act shall be available for United States participation in the acquisition or construction of facilities in foreign countries for collective defense: Provided, That no part of such funds shall be expended for rental or purchase of land or for payment of taxes. Such funds shall also be available for the administrative expenses of carrying out the purposes of all of the titles of this Act, including expenses incident to United States participation in international security organizations and expenses in the United States in connection with programs authorized under the Act for International Develop- ment. Funds made available for carrying out the purpose of this Act in the Federal Republic of Germany may, as authorized in sub- ? The words "out of funds made available for assistance under section 503 of this Act” were added by sec. 7 (1) of the Mutual Security Act of 1952. * The words beginning "in any country" and continuing through the end of the sentence were substituted by sec. 706 c) of the Mutual Security Act of 1953 for the words "in any area in which assistance is authorized by this Act.” There was deleted from this location by sec. 706 (f) (1) of the Mutual Security Act of 1953 the following sentence: "Any currency of any nation received by the United States for its own use in connection with assistance furnished by the United States may be used by any agency of the Government without reimburse- ment from any appropriation for the administrative and operating expenses of carrying out the purpose of this Act.” 1 3078 AMERICAN FOREIGN POLICY, 1950-1955 8 USE OF COUNTERPART C REIMBURSABLE AID labor standards of wages and working conditions and management- 1 This section was repealed by sec. 7 (a) of the Mutual Security Act of 1952. It formerly read as follows: “Section 111 (c) of the Economic Cooperation Act of 1948, as amended (22 U. S. C. 1501-1522), is hereby amended by adding & 2 Sec. 414 of the Act for International Development related to personnel investi. gations by the Federal Bureau of Investigation. It was replaced by sec. 510, section 114 (h) of the Economic Cooperation Act of 1948, as amended (22 U.S. C. 1512 (h)), be transferred by the President to any depart- ment or agency for the expenses necessary to meet the responsibilities and obligations of the United States in the Federal Republic of Germany. Sec. 522,1 .. SEC. 523. RETURN OF EQUIPMENT SEC. 524. The President shall make appropriate arrangements with each nation receiving equipment or matériel under the Mutual Defense Assistance Act of 1949, as amended (other than equipment or material furnished under terms requiring the nation to reimburse the United States in full therefor), for the return to the United States (1) for salvage or scrap, or (2) for such other disposition as the Presi- dent shall deem to be in the interest of mutual security, of any of such equipment or material as is no longer required for the purposes for which originally made available. SEC. 525.. EXCESS EQUIPMENT SEC. 526. CONGRESSIONAL COMMITTEE EXPENSES Sec. 527. .. UNITED NATIONS TECHNICAL ASSISTANCE SEC. 528. The Act for International Development is amended, (a) By adding before the period at the end of section 404 (b) the following: “: Provided, That for the fiscal year ending June 30, 1952 such contributions from funds made available under authority of sections 101 (a) (2), 203, 302, and 402 of the Mutual Security Act of 1951 shall not exceed in the aggregate $13,000,000, and the use of such contributions shall not be limited to the area covered by the section of the Act from which the funds are drawn”. (b) By adding at the end of section 407 a new paragraph: "(d) Participating countries shall be encouraged to establish fair labor relations." (c) By repealing section 414.2 provisions of this Act with funds mea desiavailable under the authority of the Mutual Security Act of 1951, as great an amount (in no event less than 10 per centum) as possible shall be provided on credit terms.'" Security Clearance, in the Mutual Security Act of 1951. O 1 FOREIGN AID 3079 TERMINATION OF ASSISTANCE BY PRESIDENT ed t- es of Sec. 529. If the President determines that the furnishing of assistance to any nation- (a) is no longer consistent with the national interest or security of the United States or the policies and purpose of this Act; or (b) would contravene a decision of the Security Council of the United Nations; or (C) would be inconsistent with the principle that members of the United Nations should refrain from giving assistance to any nation against which the Security Council or the General Assem- bly has recommended measures in case of a threat to, or breach of, the peace, or act of aggression, he shall terminate all or part of any assistance furnished pursuant to this Act. The function conferred herein shall be in addition to all other functions heretofore conferred with respect to the termination of military, economic, or technical assistance. th al nt se es 51- ch or EXPIRATION OF PROGRAM he 52 of of of he Sec. 530. (a) After June 30, 1954, or after the date of the passage of a concurrent resolution by the two Houses of Congress before such date , none of the authority conferred by this Act or by the Mutual Defense Assistance Act of 1949, as amended (22 U. S. Č. 1571-1604) may be exercised; except that during the twenty-four months follow- ing such date equipment, materials, commodities, and services with respect to which procurement for, shipment to, or delivery in a recipient country had been authorized prior to such date, may be transferred to such country, and funds appropriated under authority of this Act may be obligated during such twenty-four month period for the necessary expenses of procurement, shipment, delivery, and other activities essential to such transfer and shall remain available during such period for the necessary expenses of liquidating operations under this Act: Provided, That such part of the equipment, materials and services referred to above as is to be transferred to recipient countries under the Mutual Defense Assistance Act of 1949, as amended, or the Act of May 22, 1947, as amended, may be so trans- ferred until June 30, 1957, and that part of the funds referred to above which is appropriated to carry out such Acts may be obligated for the purposes set forth above, and for liquidating operations under this proviso, until June 30, 1957: Provided. That guaranties author- ized under section 111 (b) (3) of the Economic Cooperation Act of 1948, as amended, may be issued until June 30, 1957, out of any funds remaining available for that purpose. (b) At such time as the President shall find appropriate after such date , and prior to the expiration of the twenty-four months following such date, the powers, duties, and authority conferred by this Act and by the Mutual Defense Assistance Act of 1949, as amended, may Sec . 706 (d) of the Mutual Security Act of 1953 added the provisos to sec. 530 (a) and substituted "twenty-four months” and twenty-four month” for twelve months” and twelve month” respectively wherever they appeared air ita 52. Act } } ble the per sti 10, formerly in sec. 530. 3080 AMERICAN FOREIGN POLICY, 1950–1955 1 . 1 ance under this Act; And provided further, That not to exceed i This section was added by sec. 7 (m) of the Mutual Security Act of 1952. The final sentence of the section was added by sec. 601 of the Mutual Security Act of 1953. A related provision, sec. 115 (e) of the Economic Cooperation : of 1948, as amended, was repealed by sec. 7 (c) of the Mutual Security Act of 1952. In Ex. Or. 10458, sec. 2, this function was delegated by the President to 2 This section was added by sec. 7 (m) of the Mutual Security Act of 1952. The final sentence of the section was added by sec. 604 of the Mutual Security Act of 1953. In Ex. Or. 10458, sec. 3, this function was delegated by the Presi. dent to the Director of the Foreign Operations Administration (see infra, doc. 13) be transferred for the purpose of liquidation to such other depart- ments, agencies, or establishments of the Government as the President shall specify, and the relevant funds, records, property and personnel may be transferred to the departments, agencies, or establishments to which the related functions are transferred. EFFECTIVE DATE SEC. 531. Sections 502 (a), (b), (2), and section 504 (b) of this Act shall take effect on such date or dates as the President shall specify, but in no event later than sixty days after the date the Director first appointed takes office. Section 511 shall take effect ninety days after enactment of this Act. All other provisions of this Act shall take effect upon the date of its enactment. EXEMPTION FROM CONTRACT, ACCOUNTING, AND CERTAIN OTHER LATS SEC. 532. SEC. 533. MOVEMENT OF MIGRANTS SEC. 534.' In order to encourage further the movement of mi- grants from European countries having surplus population, there is hereby authorized to be appropriated to the President $9,240,500 for use in making contributions for the calendar year 1953 to the Provi. sional Intergovernmental Committee for the Movement of Migrants from Europe established at Brussels, Belgium, on December 5, There is hereby authorized to be appropriated to the President not to exceed $10,000,000 for contributions during the calendar yeau 1954 to the Intergovernmental Committee for Ểuropean Migration. OCEAN FREIGHT CHARGES ON RELIEF PACKAGES Sec. 535.2 The authority to pay ocean freight charges on ship ments of relief supplies and packages under section 117 cc) of the Economic Cooperation Act of 1948, as amended (22 U.S. C. 1515 (0) shall be continued and may be exercised after June 30, 1952, by au department or agency of the Government that the President may designate: Provided, That this authority shall hereafter also be api- cable to relief shipments by voluntary nonprofit relief agencies regis tered with and approved by the Advisory Committee on Voluntar Foreign Aid to any country eligible for economic or technical assisk $2,587,500 are authorized to be appropriated to the President for the fiscal year 1953 for use in paying ocean freight charges 1951, E 8 a n S AIR C 1 a u b P W F Si to 3081 FOREIGN AID } INFORMATIONAL MEDIA GUARANTIES LIMITATION ON FUNDS FOR PROPAGANDA OI Business to carry out the provisions of subsections (a) and (b) of this section 117 (c) of the Economic Cooperation Act of 1948, as amended. There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $1,825,000 for use in paying ocean freight charges under section 117 (c) of the Economic Cooperation Act of 1948, as amended. Sec. 536. The authority to make informational media guaranties under section 111 (b) (3) of the Economic Cooperation Act of 1948, as amended, shall be fully continued and may be exercised after June 30, 1952, by any department or agency of the Government that the President may designate. Sec. 537.None of the funds herein authorized to be appropriated nor any counterpart funds shall be used to pay for personal services or printing, or for other expenses of the dissemination within the United States of general propaganda in support of the mutual security program, or to pay the travel or other expenses outside the United States of any citizen or group of citizens of the United States for the purpose of publicizing such program within the United States. Sec. 538.? (a) Insofar as practicable and to the maximum extent ot consistent with the accomplishment of the purposes of this Act, the Director for Mutual Security shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds authorized under this Act (other than funds authorized to carry out the provisions of the Mutual Defense Assist- ance Act of 1949, as amended) by making available or causing to be made available to suppliers in the United States and particularly to small independent enterprises, information, as far in advance as y possible, with respect to purchases proposed to be financed with funds authorized under this Act (other than funds authorized to carry out the provisions of the Mutual Defense Assistance Act of 1949, as amended), by making available or causing to be made avail- T able to prospective purchasers in the countries receiving assistance under this Act information as to commodities and services produced by small independent enterprises in the United States, and by offer- ing additional services to give small business better opportunities to participate in the furnishing of commodities and services financed with such funds. (b) There shall be continued in the Mutual Security Agency the Office of Small Business headed by the Special Assistant for Small section. Each report transmitted to the Congress under section 518 This section was added by sec. 7 (m) of the Mutual Security Act of 1952. In Ex. Or. 10476, sec. 201, the United States Information Agency was designated to carry out the function authorized in sec. 536 (see infra, doc. 14]. ? This section was added by sec. 7 (m) of the Mutual Security Act of 1952. ts 1. SMALL BUSINESS 9T D. D- S- ed OL BT 2 Gus ct 2 3 This section was added by sec. 201 (a) of the Mutual Security Act of 1953. out the provisions of section 101 (a) (2) (relating to defense support and economic assistance for Europe), and not to exceed $84,000,000 to carry out the provisions of section 302 (a) (relating to defense support, economic and technical assistance), including the exploration and development of mineral and petroleum resources, for the National Government of the Republic of China and the Associated States of 3082 AMERICAN FOREIGN POLICY, 1950–1955 shall include a report of all activities under this section. The Tech- nical Cooperation Administration shall adopt the procedure of notify . ing American business, particularly small independent enterprises, of procurement and other information as far in advance as possible through the facilities of the Office of Small Business of the Mutual Security Agency. The Secretary of Defense shall assure that there is made available to suppliers in the United States, and particularly.to small independent enterprises, information with respect to purchases made by the Department of Defense pursuant to the provisions of the Mutual Defense Assistance Act of 1949, as amended, such information to be furnished as far in advance as possible. (c) Section 112 (i) of the Economic Cooperation Act of 1948, as amended, is hereby repealed. LIMITATION ON USE OF COUNTERPART FUNDS SEC. 539. Except as otherwise specifically authorized by law, al counterpart funds of local currencies created by section 115 (b) (6) of the Economic Cooperation Act of 1948, as amended, and by Acts supplementary or amendatory thereto shall be expended only on programs to carry out the purposes for which new funds authorized by this Act would themselves be available. SEC. 540.2 There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $2,129,689,870 to be available under section 101 (a) (1) (relating to military assistance for Europe): Provided, That of the equipment and materials made avail able under section 101 (a) (1) with funds appropriated pursuant to the authorization contained in this section, 50 per centum shall be trans ferred to the organization referred to in clause (C) of section 2 (b) or to the countries which become members thereof, unless the Congress , upon the recommendation of the President, shall hereafter otherwise provide; $305,212,637 to be available under section 201 (relating to military assistance for the Near East and Africa); $1,081,620,493 to be available under section 301 (relating to military and other assist ance for Asia and the Pacific); and $15,000,000 to be available under section 401 (relating to military assistance for Latin America) , SEC. 541. There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $250,000,000 to cart Cambodia, Laos, and Vietnam. AUTHORIZATION OF APPROPRIATIONS 1 ( 1 tege a * This section was added by see. 7 (m) of the Mutual Security Act of 1952 2 This section was added by sec: 10.1% of the Mutual Security Act of 1953 p FOREIGN AID 3083 1 IS to PS 28 OD 235 ON Sec. 542. There is hereby authorized to be appropriated to the F- President for the fiscal year 1954 not to exceed $100,000,000 for the of purpose of furnishing special weapons to nations eligible to receive military assistance under this Act or to the international organizations s referred to in section 2 (b) (A) and 2 (b) (C) of this Act: Provided, That, prior to the obligation of funds for this purpose, the President shall determine that such obligation is of direct importance to the security interest of the United States and is in furtherance of the policies and purposes of the Mutual Defense Assistance Act of 1949, as amended: And provided further, That, prior to the transfer of such weapons, the President shall determine (i) that the recipient is ade- quately prepared to safeguard the security of such weapons; (2) that the transfer of such weapons will be of direct importance to the secu- rity interest of the United States; and (3) that such transfer will further the purposes and policies of the Mutual Defense Assistance Act of 1949, as amended. Nothing contained in this section shall alter, amend, of revoke, repeal, or otherwise affect the provisions of any law restricting, limiting, or prohibiting the transfer of any such weapons. Notwith- standing any other provisions of this Act, funds made available pur- by suant to this section may be used only for the purpose of this section. SEC. 543.2 There is hereby authorized to be appropriated to the President for the fiscal year 1954 not to exceed $43,792,500 to carry out the provisions of section 203 (relating to economic and technical he assistance for the Near East and Africa); $72,100,000 to carry out the be provisions of section 302 (a) (relating to defense support, economic for and technical assistance) other than for the National Government of il- the Republic of China and the Associated States of Cambodia, Laos, he and Vietnam; and $24,342,000 to carry out the provisions of section 402 (relating to technical assistance for Latin America). Sec. 544. There is hereby authorized to be appropriated to the SS. President for the fiscal year 1954 not to exceed $13,750,000 for multi- lateral technical cooperation under section 404 (b) of the Act for International Development. to Sec. 545. There is hereby authorized to be appropriated to the President not to exceed $9,000,000 for contributions during the calen- ler year 1954 for the support of international children's welfare work in such manner and on such terms and conditions as he may deem to he be in the interests of the United States. AS- Or IS to st- dar art UNEXPENDED BALANCES 00 ISE 01 101 SEC. 546.5 The unexpended balance under each paragraph of title III, Mutual Security, of the Supplemental Appropriation Act, 1953, is hereby authorized to be continued available for its original purposes through June 30, 1954, and may be consolidated with the appropriate This section was added by sec. 301 of the Mutual Security Act of 1953. This section was added by sec. 401 of the Mutual Security Act of 1953. * This section was added by sec, 602 of the Mutual Security Act of 1953. * This section was added by sec. 603 of the Mutual Security Act of 1953. See also sec. 12 of the Mutual Security Act of 1952, text on p. 44 (of the Committee • This section was added by sec. 702 of the Mutual Security Act of 1953. print). 1 3084 AMERICAN FOREIGN POLICY, 1950–1955 tions of the Senate and the Committee on Foreign Affairs of the 8 This section was added by sec. 706 (g) of the Mutual Security Act of 1953. 8 S UNDERDEVELOPED AREAS S t CO a n after the Mutual Security Act of 1953 is enacted, together with (b) In carrying out his duties under this section, the Director for Mutual Security shall consult with the Committee on Foreign Rela- House of Representatives, and shall keep these committees constantly 2 This section was added by sec. 706 (f) (2) of the Mutual Security Act of 1952 1 This section was added by sec. 706 (e) of the Mutual Security Act of 1953 fiscal year 1954 appropriation made for the same general purpose under the authority of this Act. SEC. 547.1 Whenever funds are made available under this Act for assistance, other than military assistance, to any economically under $ developed area, such funds may be used under the applicable provi- sions of section 503 (b) (3) or the applicable provisions of the Act for International Development. Where administrative arrangements , including provisions relating to compensation and allowances of personnel, authorized under section 503 (b) (3), differ from those ft authorized by the Act for International Development, the Director may make use of arrangements authorized under either statute, in carrying out such programs, except that before extending the provi. U sions of section 109 (a) of the Economic Cooperation Act of 1948, as amended, to countries in which programs authorized under the Act for International Development are being carried out, the Director wil secure the approval of the Secretary of State. Sec. 548.2 (a) The several amounts otherwise authorized by this Act to be appropriated are authorized to be increased by amounts which shall not, in the aggregate, exceed $98,396,000. in this Act are authorized to be made available for purchase of foreign (b) Amounts appropriated pursuant to any authorization contained currencies (including foreign currencies or credits owed to or owned by the United States). Provided, That such currencies or credits are authorized to be made available for use, without reimbursement to the Treasury, for liquidation of obligations legally incurred against such currencies prior to July 1, 1953. ti th Sec. 549.3 (a) In order to contribute to the peace and stability of the Near East in particular and of the world in general, the Director for Mutual Security shall, in consultation with the Secretary of State make a survey of the refugee situation in the Near East and report the results of the survey to the Congress within one hundred fifty day recommendations for seeking a solution. In the making of such report and recommendations, especial consideration shall be given to 8 program which would utilize the services and talents of these refugees to develop and expand the resources of the area, including its water resources, UNITED STATES USE OF FOREIGN CURRENCY NEAR EAST REFUGEES re FOREIGN AID 3085 1 S et 1 and fully informed of the action which he takes to carry out the provi- sions of this section. USE OF SURPLUS AGRICULTURAL COMMODITIES Sec. 550.1 (a) Not less than $100,000,000 and not more than $250,000,000 of the funds authorized to be appropriated under this Act, shall be used, directly or indirectly, to finance the purchase of surplus agricultural commodities, or products thereof, produced in the United States. (b) The President is authorized to enter into agreements with e friendly countries for the sale and export of such surplus agricultural r commodities under conditions negotiated by him with such countries and to accept in payment therefor local currency for the account of the United States. In negotiating agreements for the sale of such com- modities, the President shall- (1) take special precaution to safeguard against the substitu- 11 tion or displacement of usual marketings of the United States or friendly countries, and to assure to the maximum extent practi- cable that sales prices of such commodities are consistent with maximum world market prices of like commodities of similar quality, and to obtain the recommendations of the Secretary of Agriculture in carrying out the provisions of this subsection; (2) use private trade channels to the maximum extent prac- ed ticable; (3) give appropriate emphasis to underdeveloped and new 2 (4) obtain assurance that the purchasing countries will not resell or transship to other countries or use for other than domestic consumption commodities purchased under this program without specific approval by the President. (c) Notwithstanding section 1415 of the Supplemental Appropria- tion Act, 1953, or any other provision of law, the President shall use the proceeds of such sales for the purpose of this Act, giving particular regard to the following purposes- (1) for providing military assistance to countries or mutual defense organizations eligible to receive assistance under this Act: h (2) for purchase of goods or services in friendly countries; (3) for loans, under applicable provisions of this Act, to in- crease production of goods or services, including strategic ma- terials, needed in any country with which an agreement was negotiated, or in other friendly countries, with the authority to use currencies received in repayment for the purposes stated in this section or for deposit to the general account of the Treasury (4) for developing new markets on a mutually beneficial basis; (5) for grants-in-aid to increase production for domestic needs (6) for purchasing materials for United States stockpiles. * This section was added by sec. 706 (h) of the Mutual Security Act of 1953. market areas; re to st I le 15 et 8 $ 1 of the United States; in friendly countries; 3086 AMERICAN FOREIGN POLICY, 1950–1955 to 40 S 0 u JE si D 1 ai and regulations providing for coordination among representatives of the United States Government in each foreign country concerned. Administration of the Mutual Security Act of 1951 and Related Statutes". The Executive order is entitled "Providing for the (d) In carrying out the provisions of this section, the President shall take special precaution to safeguard against the displacement to of foreign exchange earnings which would otherwise accrue to the United States or any friendly nations. fu (e) The President is authorized to enter into such agreements with b third countries receiving goods accruing from the proceeds of sales made pursuant to this section as he deems necessary to effectuate the purpose of this Act. 10. ADMINISTERING AUTHORITY UNDER THE MUTUAL b SECURITY ACT OF 1951: Executive Order No. 10300, November th 1, 1951 1 Sec. 1. Delegation of functions of the President. (a) Except as otherwise provided in section 1 (b) of this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373 (Public Law 165, 82d Cou- gress, approved October 10, 1951), the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U. S. C. 1571-1604), and the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1401- 1408). (b) There are hereby excluded from the functions delegated by section 1 (a) of this order: th (1) The functions conferred upon the President by the laws referred C to in section 1 (a) of this Executive order with respect to the appoint- ment of officers required to be appointed by and with the advice and consent of the Senate, the transmittal of annual , semi-annual, or other periodic statutory reports to the Congress, and the termination or withdrawal of assistance. S (2) The functions conferred upon the President with ti findings, determinations, certification, agreements, or regulations, 51 the case may be, by sections 101, 202, 302 (a), or 511, or by the propis tl of section 401, of the said Mutual Security Act of 1951 or by section 303, 402, and' 411 (b) of the said Mutual Defense Assistance Act & fi 1949, as amended; functions so conferred with respect to the transier of funds under sections 101 (b), 303 (a), and 513 of the Mutual Se curity Act of 1951; and so much of the functions so conferred by tion 5 of the said act of May 22, 1947, as amended, as relates to rules d 503, 507, and 530 of the said Mutual Security Act of 1951 and sections 407 (b) (2) and 408 (f) of the said Mutual Defense Assistant Act of 1949, as amended. 1 16 Fed. Reg. 11203. a. V ti to respect sec- asi E ri SI . 0) I 2 Also supra. 3 Also A Decade of American Foreign Policy, pp. 1356–1364. FOREIGN AID 3087 1 le d le 1 ce I (c) Funds appropriated or otherwise made available to the President I to carry out the laws referred to in section 1 (a) hereof shall be deemed to be allocated to the Director for Mutual Security without any further action by the President, and the said funds may be allocated by the Director for Mutual Security to any agency, department, establishment, or wholly-owned corporation of the Government for obligation or expenditure thereby, consistent with applicable law, subject , however, to the reservation of functions respecting transfer of funds set forth in section 1 (b) (2) hereof. (d) The functions delegated to the Director for Mutual Security | by this section 1 shall be deemed to include the authority to redelegate the functions so delegated. Sec. 2. International development. The administration of programs under the Act for International Development (Title IV of the act of June 5, 1950, 64 Stat. 204, as amended (22 U.S. C. 1557 et seq.)) in accordance with Executive Order No. 10159 of September 8, 1950,2 shall be subject to coordination, direction, and supervision by the Director for Mutual Security in accordance with section 501 (a) of the Mutual Security Act of 1951; and the said Executive Order No. 10159 is amended accordingly. Sec. 3. Coordination with foreign policy. The Secretary of State and the Director for Mutual Security shall establish and maintain arrangements which will insure that the programs included in the Mutual Security Act of 1951 shall be carried out in conformity with the established foreign policy of the United States. Sec. 4. Interrelationship of Director and Secretary of Defense. (a) ed Consonant with section 501 (a) of the Mutual Security Act of 1951, the Secretary of Defense shall exercise the responsibility and authority vested in him by section 506 (a) of the said Act subject to coordina- tion, direction, and supervision by the Director for Mutual Security. (b) The Secretary of Defense shall keep the Director for Mutual Security fully and currently informed of all matters, including prospec- tive action, relating to the establishment of priorities under section 506 (b) and the furnishing of military items under section 506 (c) of the said Act. Sec . 5. Economic cooperation. (a) December 30, 1951, is hereby fixed as the date on which sections 502 (a), 502 (b) (2) and 504 (b) of the Mutual Security Act of 1951 shall take effect. (b) The Mutual Security Agency is hereby designated as the agency responsible for liquidating any outstanding affairs of the Economic Cooperation Administration which are now or hereafter required to be discontinued by law; and the said Agency shall be deemed to be the successor of the said Administration in all respects, subject to the provisions of the Mutual Security Act of 1951. Sec . 6. Transfer of personnel, property, records, and funds. So much of the personnel, records, property, and unexpended balances of appropriations, allocations, and other funds of the Department of State as the Director of the Bureau of the Budget determines to relate t- id 01 31 10 IS 0 1$ of 31 D. ته N 1 2 Also supra, doc. 6. ? Supra, doc. 7. 3088 AMERICAN FOREIGN POLICY, 1950–1955 ur ve Da. Яс an rec are approved October 10, 1951), and as President of the United States and Section 1. Functions of the Chief of the United States Diplomatic Mission. (a) The Chief of the United States Diplomatic Mission in behalf, shall coordinate the activities of the United States represents she to functions under the Mutual Defense Assistance Act of 1949, as tic amended, and the said act of May 22, 1947, and to be required by the Director for Mutual Security for the performance of his functions St hereunder shall be transferred to the Director for Mutual Security , Sec. 7. Prior orders. (a) Effective as of the date fixed in section Ad 5 (a) hereof, with respect to provisions then in force, and except as may be inappropriate, references in prior Executive orders to the Economic Cooperation Administration, the Administrator for Eco-M nomic Cooperation, and the United States Special Representative ce for (or in Europe, are amended to refer to the Mutual Security Agency, the Director for Mutual Security, and the Special Representa- tive in Europe (provided for in section 504 (a) of the Mutual Security Act of 1951), respectively. (b) To the extent that any provision of any prior Executive order the is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly (c) All orders, regulations, rulings, certificates, directives, agree- ments, contracts, delegations, and other actions of any department , agency, or other establishment or officer of the Government relating un to any function or under any authority continued in effect by the eff Mutual Security Act of 1951 shall remain in effect except as they are ha. inconsistent herewith or are hereafter amended or revoked under proper authority. (d) Executive Order No. 10099 of January 27, 1950,' is hereby revoked. The International Security Affairs Committee (approved the by the President December 19, 1950) is hereby terminated. The provisions of the identical letters of the President transmitted to the Secretary of State and the Administrator for Economic Cooperation on April 5, 1951, are hereby revoked. Sec. 8. Definitions. As used in this order the term "functions" Di embraces duties, powers, responsibilities, authority, and discretion , hip th 11. COORDINATION OF FOREIGN AID PROGRAMS AT THE DIPLOMATIC MISSION LEVEL: Executive Order No. 10338 , April 4, 19522 By virtue of the authority vested in me by section 507 of the Mutual Security Act of 1951, 65 Stat. 373 (Public Law 165, 82nd Congress of ordered as follows: ta! each country, as the representative of the President, and acting on cu sel act ste t his HARRY S. TRUMAN. fm dir St cil to act Sta U sht 1 Supra, doc. 2. 2.17 Fed. Reg. 3009. FOREIGN AID 3089 3 1 S e T United States representatives in each country shall be subject to the tives (including the chiefs of economic missions, military assistance advisory groups, and other representatives of agencies of the United States Government) in such country engaged in carrying out programs under the Mutual Security Act of 1951 (hereinafter referred to as the Act), and he shall assume responsibility for assuring the unified de- velopment and execution of the said programs in such country. More e particularly, the functions of each Chief of United States Diplomatic Mission shall include, with respect to the programs and country con- P cerned: 1 (1) Exercising general direction and leadership of the entire effort. (2) Assuring that recommendations and prospective plans and 1 actions of the United States representatives are effectively coordinated and are consistent with and in furtherance of the established policy of the United States. 1 (3) Assuring that the interpretation and application of instructions received by the United States representatives from higher authority are in accord with the established policy of the United States. (4) Guiding the United States representatives in working out meas- ures to prevent duplication in their efforts and to promote the most effective and efficient use of all United States officers and employees e having mutual security responsibilities. (6) Keeping the United States representatives fully informed as to current and prospective United States policies. (6) Prescribing procedures governing the coordination of the activi- ties of the United States representatives, and assuring that these repre- sentatives shall have access to all available information essential to the accomplishment of their prescribed duties. (7) Preparing and submitting such reports on the operation and status of the programs under the Act as may be directed by the Director for Mutual Security (b) Each Chief of United States Diplomatic Mission shall perform his functions under this order in accordance with instructions from higher authority and subject to established policies and programs of B (C) No Chief of United States Diptomatic Mission shall delegate any function conferred upon him by the provisions of this order which directly involves the exercise of direction, coordination, or authority Section 2. Referral of unresolved matters. The Chief of the United States Diplomatic Mission in each country shall initiate steps to recon- cle any divergent views arising in the country concerned with respect to programs under the Act. If agreement cannot be reached the Chief of the United States Diplomatic Mission shall recommend a course of action, and such course of action shall be followed unless a United States representative requests that the issue be referred to higher authority for decision. If such a request is made, the parties concerned promptly refer the issue to higher authority for resolution prior to taking action at the country level. The Director for Mutual Security shall assure expeditious decisions on matters so submitted: Section 3. Effect of order on United States Representatives. (a) AU ce le 0 the United States. 1 S ) shall Ś 415900_-57-Vol. 2 91 3090 AMERICAN FOREIGN POLICY, 1950–1955 ņ 1 0 VE 8 the Foreign Operations Administration, hereinafter referred to (b) There shall be at the head of the Administration a Director su of the Foreign Operations Administration, hereinafter referred # 2 12 Fed. Reg. 3331, 3558, 3559, 8867; 13. Fed. Reg. 1975 and 2707; and 16.P. responsibilities imposed upon the Chief of the United States Diplo- matic Mission in such country by section 507 of the Mutual Security Act of 1951 and by this order. (b) Subject to compliance with the provisions of this order and with the prescribed procedures of their respective agencies, all United States representatives affected by this order (1) shall have direct communication with their respective agencies and with such other parties and in such manner as may be authorized by their respectie agencies, (2) shall keep the respective Chiefs of United States Diploma matic Missions and each other fully and currently informed on all matters, including prospective plans, recommendations, and actions, relating to programs under the Act, and (3) shall furnish to the re spective Chiefs of United States Diplomatic Missions, upon their i request, documents and information concerning the said programs. Section 4. Further coordination procedures. The Director for Mutual Security shall be responsible for assuring the carrying out of the pro visions of this order. He is authorized to prescribe, after consultation with the interested Government agencies, any additional procedures he may find necessary to carry out the provisions of this order . Section 5. Prior orders. (á) To the extent that provisions of any ti prior order are inconsistent with the provisions of this order, the latter o shall control, and any such prior provisions are amended accordingly . All orders, regulations, rulings, certificates, directives, and other to actions relating to any function affected by this order shall remain in a effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority. (b) Nothing in this order shall affect Executive Orders Nos. 10062 to 10063 and 10144 of June 6, 1949, June 13, 1949, and July 21, 1950, respectively. (c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960, 1020 and 10259 of May 22, 1947, May 31, 1947, May 31, 1947, December 25, 1947, April 9, 1948, May 19, 1948, January 25, 1951, and June 27, respectively, are hereby revoked.? A 12. ESTABLISHMENT OF THE FOREIGN OPERATIONS ADR MINISTRATION: Reorganization Plan No. 7 of 1953, June 1 IT 1953 3 fe (a) There is hereby established a new, agency which shall be kupne SECTION 1. Establishment of Foregin Operations Administration of th as the "Administration". 1 . , 14: Fed. Reg: 3221, and : Fed. . Reg. 709 and by * 67 Stat: 639. The plan entered into effect Aug. 1, 1953. I ಹ ಹ ದ 1951, ñ HARRY S. TRUMAN er asi ! FOREIGN AID 3091 5. 010- ole as the "Director". The Director shall be appointed by the President Fitr by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 a year. The Secretary of State ith shall advise with the President concerning the appointment and tenure ted of the Director. Cect (c) There shall be in the Administration a Deputy Director of her the Foreign Operations Administration, who shall be appointed by live the President by and with the advice and consent of the Senate, Do and who shall receive compensation at the rate of $17,500 a year. all The Deputy Director shall perform such functions as the Director ons shall from time to time designate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy Dar in the office of Director. (d) There are hereby established in the Administration six new jual offices with such title or titles as the Director shall from time to time To determine. Appointment thereto shall be by the President, by and Lion with the advice and consent of the Senate. The compensation for ares each of two of the said offices shall be at the rate of $16,000 a year and the compensation for each of the other four offices shall be at any the rate of $15,000 a year. The persons appointed to the said new tter offices shall perform such functions as the Director shall from time gly . to time designate, and are authorized to act as Director, as the Direc- bet tor may designate, during the absence or disability of the Director in and the Deputy Director or in the event of vacancies in the offices ned of Director and Deputy Director. Sec. 2. Transfer of functions to the Director.-- There are hereby 262, transferred to the Director: 150 , (a) All functions vested by the Mutual Security Act of 1951, as amended, or by any other statute in the Director for Mutual 108, Security provided for in section 501 of that Act, or in the Mutual 28 , Security Agency created by that Act, or in any official or office of 151, that Agency, including the functions of the Director for Mutual Security as a member of the National Security Council. (b) All functions vested by the Mutual Defense Assistance Control Act of 1951 in the Administrator created by that Act. The function vested by section 6 of the Yugoslav Emergency D. Relief Assistance Act of 1950 in the Secretary of State.? 1, SEC. 3. Institute of Inter-American Affairs.-The Institute of Inter-American Affairs, together with its functions, is hereby trans- ferred to the Administration. All functions vested by the Institute of Inter-American Affairs Act in he Secretary of State are hereby transferred to the Director. Functions with respect to serving as to employees of the said Institute or as members of the board of directors thereof, including eligibility, as the case may be, to be detailed as that such employees or to serve as such members, are hereby transferred from the officials and employees of the Department of State to the $ 1 TO to Pod 1 See infra, doc. 15. PL 897, 81st Cong., 2d sess., Dec. 29, 1950; 64 Stat. 1122. * See PL 369, 80th Cong., 1st sess., Aug. 5, 1947 (61 Stat. 780), as amended by PL 283, 81st Cong., 1st sess., Sept. 3, 1949 (63 Stat. 685). 3092 AMERICAN FOREIGN POLICY, 1950-1955 58 @ 8 SE re SC PI sa DO of the Mutual Security Act of 1951, as amended (including the organ zation in the Executive Office of the President known as the Office of (3) The title of Administrator provided for in the Mutual Defense (4) The four positions provided for in section 406 (e) of the Mutual officials and employees of the Administration. The Institute shall be administered subject to the direction and control of the Director , SEC. 4. National Advisory Council.—The Director shall be a member of the National Advisory Council on International Mone- 1 tary and Financial Problems (22 U. S. C. 286b). SEC. 5. Performance of functions transferred to the Director:- The Director may from time to time make such provisions as he shall $ deem appropriate authorizing the performance by any other officer , to or by any employee or organizational entity, of the Administration of any function of the Director, except the function of being a member of the National Security Council and the function of being a member PI of the National Advisory Council on International Monetary and Financial Problems. SEC. 6. Transfer of functions to the President.---- All functions vested in the Secretary of State by the United Nations Palestine Refuges Aid Act of 1950 1 are hereby transferred to the President. SEC. 7. Incidental transfers.-(a) Personnel , property, records, and unexpended balances of appropriations, allocations, and other funds , employed, used, held, available, or to be made available in connection with functions transferred or vested by this reorganization plan shall | la be transferred, at such time or times as the Director of the Bureau of the Budget shall direct, as follows: (1) So much of those relating to functions transferred to or vested edi in the Director or the Administration as the Director of the Bureau of the Budget shall determine shall be transferred to the Administra- D tion. tic (2) Those of the Institute of Inter-American Affairs shall be trans- ferred along with the Institute. (3) So much of those relating to the functions transferred by section M 6 hereof as the Director of the Bureau of the Budget shall determine tw shall be transferred to the agency or agencies of the Government to which the President delegates the said functions. of (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effect in tuate the transfers provided for in subsection (a) of this section de shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 8. Abolitions.--(a) There are hereby abolished: 13 (1) The offices of Director for Mutual Security and Deputy Director for Mutual Security, provided for in sections 501 and 504, respectively the Director for Mutual Security). (2) The Mutual Security Agency. Defense Assistance Act of 1949, as amended. OC pe AC an 1 2 8 Ad I Supra, pp. 2256-2257, 3093 FOREIGN AID - as 8 TI U Administration of Certain Foreign Aid Programs and Related Activities. ", (5) The offices of Administrator and Deputy Administrator for Technical Cooperation, provided for in section 413 (a) of the Act for International Development, as amended, together with the functions vested in the Administrator by the said section 413 (a), as amended. (6) The offices of the Special Representative in Europe and Deputy Special Representative in Europe, provided for in section 504 (a) of : the Mutual Security Act of 1951, as amended. The abolition of the said offices of Representative and Deputy Representative shall become effective on September 1, 1953 (unless å later date is required by the provisions of section 6 (a) of the Reorganization Act of 1949,2 1 amended). (b) The Director shall wind up any outstanding affairs of the afore- said abolished agencies and offices not otherwise provided for in this reorganization plan. SEC. 9. Interim provisions.—The President may authorize the per- d sons who, immediately prior to the effective date of this reorganization plan, hold offices or occupy positions abolished by section 8 hereof to hold offices and occupy positions under section 1 hereof until the 1 latter offices and positions are filled pursuant to the provisions of the said section 1 or by recess appointment, as the case may be, but in no event for any period extending more than 60 days after the said d effective date, as follows: (a) The Director and Deputy Director for Mutual Security as the - Director and Deputy Director of the Foreign Operations Administra- tion, respectively. (b) The Administrator for Technical Cooperation and the person occupying the senior position provided for in section 406 (e) of the Mutual Defense Assistance Act of 1949, as amended, to serve in the two senior positions created by section i (d) hereof. at (C) The Deputy Administrator for Technical Cooperation and the persons occupying the three positions provided for in section 406 (e) le of the Mutual Defense Assistance Act of 1949, as amended, to serve in the four positions created by section 1 (d) hereof which have com- pensation at the rate of $15,000 a year. 13. ADMINISTRATION OF CERTAIN ELEMENTS OF THE MUTUAL SECURITY PROGRAM: Executive Order No. 10458, June 1, 1953 % By virtue of the authority vested in me by the Mutual Security Act of 1951, as amended, the Act for International Development, as amended, and sections 301 to 303, inclusive, of title 3 of the United Supra, doc. 6. PL 109, 81st Cong., 1st sess., June 20, 1949; 63 Stat. 203. 18 Fed. Reg. 3159." The title of the executive order reads "Providing for the * Supra, doc. 6. U S- 1 18 I 1 ! 3 1. to to U si HE W TE 0 81 19 ho fo oi re 00 in to b conformity with the established foreign policy of the United States. (c) The Secretary of State shall be responsible for making the 404 of the Act for International Development, to the United Nations for technical cooperation programs carried on by it and its related organizations, and to the Organization of American States, its related organizations, and other international organizations for technical cooperation programs carried on by them, and for making United section 2 hereof. The Secretary of State shall also be responsible States contributions to the international organizations referred to St for formulating and presenting, with the assistance of the Director for Mutual Security, the policy of the United States with respect 3094 AMERICAN FOREIGN POLICY, 1950–1955 States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. International development. (a) The functions conferred upon the Secretary of State by Executive Order No. 10159 of Septem- ber 8, 1950, 15 F. R. 6103, are hereby transferred to the Director for Mutual Security; and, accordingly, the said Executive order is amended by striking therefrom, wherever they appear, the words "Secretary of State” and inserting in lieu thereof, in each instance , the words "Director for Mutual Security". (b) The Technical Cooperation Administration is hereby trans- ferred from the Department of State to the jurisdiction of the Director for Mutual Security and shall be administered under his direction and supervision. SEC. 2. Participation in certain international organizations. There are hereby delegated to the Director for Mutual Security the func- tions conferred upon the President by section 534 of the Mutual Security Act of 1951, as amended, section 12 of the Mutual Security Act of 1952, and section 303 of the Mutual Security Act of 1951, as amended, with respect to the Intergovernmental Committee for European Migration (as the successor of the Provisional Intergovern- mental Committee for the Movement of Migrants from Europe) the United Nations International Children's Emergency Fund, and the United Nations Korean Reconstruction Agency, respectively. Sec. 3. Ocean freight charges on relief supplies, etc. The Mutual Security Agency is hereby designated as the agency of the Government which shall hereafter exercise the authority to pay ocean freight charges on shipments of relief supplies and packages under section 117 (c) of the Economic Cooperation Act of 1948, as amended,' are section 535 of the Mutual Security Act of 1951, as amended. Sec. 4. Functions of Secretary of State and Department of State (a) Nothing in this order shall be deemed to modify the functions a the Secretary of State with respect to conducting negotiations with other governments. (b) The Secretary of State and the Director for Mutual Security shall establish and maintain arrangements which will insure that the functions of the said Director under this order shall be carried out in United States contributions, under subsections (a) and (b) of section 1 Supra, doc. 7. : A Decade of American Foreign Policy, pp. 1299–1327. ef OP de 1 t Is an m 81 af SIS au 14 1 of ! FOREIGN AID 3095 M- OI of re C as Or D- of Foreign Aid and Foreign Information Functions." ed to the assistance programs of the international organizations referred to in this subsection and in section 2 hereof and for representing the United States in those organizations. Sections 1 (a) and 2 hereof ed shall be subject to this subsection. (d) The Director for Mutual Security shall allocate to the Depart- ment of State funds which have been or may be appropriated or other- Hy wise made available for contributions of the United States to the international organizations referred to in section 2 hereof or to those 58 receiving contributions under subsections (a) and (b) of section 404 of the Act for International Development. Sec. 5. Miscellaneous provisions. (a) Subsection (a) of section 2 and sections 3 and 4 of Executive Order No. 10300 of November 1, 1951, as amended by Executive Order No. 10368 of June 30, 1952, are hereby revoked. (b) There shall be transferred to the jurisdiction of the Director al for Mutual Security, consonant with law, so much as the Director of the Bureau of the Budget shall determine of the personnel, property, ty records, and unexpended balances of appropriations, allocations, and other funds, employed, held, used, available, or to be made available in connection with the functions transferred, delegated, or assigned to the Director for Mutual Security or the Mutual Security Agency by this order. Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in this section shall be carried nt out in such manner as he shall direct and by such agencies as he shall (C) To the extent that any provision of any prior Executive order is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly. thu (d) All orders, regulations, rulings, certificates, directives, agree- diments, contracts, delegations, determinations, and other actions of th any officer or agency of the Government relating to any function affected by this order shall remain in effect except as they are incon- sistent herewith or are hereafter amended or revoked under proper DWIGHT D. EISENHOWER 14. REVISED ADMINISTERING AUTHORITY UNDER THE MUTUAL SECURITY ACT OF 1951, AS AMENDED: Executive Order No. 10476, August 1, 1953 ? By virtue of the authority vested in me by the statutes referred to id in section 101 of this order, and by section 301 of title 3 of the United States Code and Reorganization Plans Nos. 74 and 8.5 of 1953, and as Supra, doc. 10. 17 Fed. Reg. 5929. at 18 Fed. Reg. 4537. The title of the executive order reads "Administration 18 designate. ht 01 ad he authority. : 5. be IIS 冷冷​冷冷​宫 ​II le 1 JI 2 5 * Supra, doc. 12. Infra, pp. 3184-3186. 3096 AMERICAN FOREIGN POLICY, 1950–1955 g t 1 S C 0 I T memek S 9 t g a obligation or expenditure thereby, consistent with applicable lsx subject, however, to the reservation of functions relating to transfer SEC. 102. Interrelationship of Director and Secretary of Defense (a) Consonant with section 501 (a) of the Mutual Security Act d 1951, as amended, the Secretary of Defense shall exercise the responsi President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: PART I. FOREIGN AID SECTION 101. Delegation of certain functions of the President (a) Except as otherwise provided in this order, the functions con- ferred upon the President by the following-designated laws are hereby delegated to the Director of the Foreign Operations Adminis- tration: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U. S. C. 1571-1604); the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1401-1408); the Mutual Defense Assistance Control Act of 1951, 65 Stat. 644 (22 U. S. C. 1611-1613c); and those provisions of the Economic Cooperation Act of 1948, 62 Stat. 137, as amended (22 U. S. C. 1501 et seq.) which are continued in effect by section 503 of the Mutual Security Act of 1951, as amended . (b) There are hereby excluded from the functions delegated by section 101 (a) of this order: (1) The functions conferred upon the President by the laws referred to in section 101 (a) of this order with respect to the appointment of officers required to be appointed by and with the advice and consent of the Senate, the transmittal of periodic or special reports to the Congress, and the termination or withdrawal of assistance. (2) The functions conferred upon the President with respect to findings, determinations, certification, agreements, transfers of funds or directives, as the case may be, by sections 101 (a) (1), 101 (b), 202, 302 (a), 303 (a) (last two sentences), 401, 503 (a) (3), 507 (except as provided in Part III hereof), 511, 513, 536, 532, 540, 542, 550 (b) and 550 (e) of the Mutual Security Act of 1951, as amended; sections 303, 402, 407 (b) (2), 408 (f), and 411 (b) of the Mutual Defense Assistance Act of 1949, as amended; sections 105 (c), 111 (b) (2 (first clause), and 119 of the Economic Cooperation Act of 1948, a amended; and sections 103 b), 104, 203, and 301 of the Mutua Defense Assistance Control Act of 1951. (C) Funds which have been or may be appropriated or otherwise made available to the President to carry out the laws referred to in section 101 (a) hereof, and section 12 of the Mutual Security Act et 1952 (66 Stat. 151), shall be deemed to be allocated to the Director of the Foreign Operations Administration without any further action by the President, and the said funds may be allocated by the Director establishment, or wholly-owned corporation of the Government for of funds set forth in section 101 (b) (2) bereof. t m 9 t } a t t C C 1 0 1 0 ti & FOREIGN AID 3097 1 Supra, pp. 2256-2257. 2 I.e., Aug. 1, 1953. 1 ce 25 22 30 ES ed as amended, subject to coordination, direction, and supervision by the Director of the Foreign Operations Administration. (b) The Secretary of Defense shall keep the Director of the Foreign Operations Administration fully and currently informed of all matters, #including prospective action, relating to the establishment of priorities under section 506 (b) and the furnishing of military items under section 506 (c) of the Mutual Security Act of 1951, as amended. Sec. 103. Aid to Palestine refugees. (a) Subject to subsection (b) of this section, the functions transferred to the President by section 6 of the Reorganization Plan No. 7 of 1953 are hereby delegated to the Director of the Foreign Operations Administration. (b) The Secretary of State shall be responsible for making the United States contribution to the United Nations under the United Nations Palestine Refugee Aid Act of 1950. The Secretary of State et shall also be responsible for formulating and presenting, with the assistance of the Director of the Foreign Operations Administration, OY the policy of the United States with respect to aid to Palestine refugees and for representing the United States in the United Nations Relief and Works Agency for Palestine Refugees in the Near East. mt Sec. 104. Šuccessor agencies. (a) Except as may be otherwise and provided in this order, the Foreign Operations Administration and ts the Director of the Foreign Operations Administration are hereby made the successors, respectively, of the Mutual Security Agency and the Director for Mutual Security. (b) Except in instances wherein the provisions concerned are for any reason inapplicable as of the effective date of Reorganization pt Plan No. 7 of 1953,2 each reference in any prior Executive order to .) the Mutual Security Agency or the Director for Mutual Security is 28 | hereby amended to refer to the Foreign Operations Administration and the Director of the Foreign Operations Administration, respec- (C) Without limiting the application of section 104 (b) of this order, 18 the amendments made thereby shall apply, subject to the provisions of the said section 104 (b), to prior references to the Director for Mutual Security and the Mutual Security Agency in (1) Executive in Order No. 10159 of September 8, 1950 (15 F. R. 6103), as amended, (2) sections 7 and 9 of Executive Order No. 10300 of November 9 or 1951 (16 F. R. 11203), as amended, (3) Executive Order No. 10380 of August 2, 1952 (17 F. R. 7107), and (4) Executive Order No. 10458 of June 1, 1953 (18 F. R. 3159) it Sec. 105. Redelegation. The functions delegated to the Director of the Foreign Operations Administration by the provisions of this Part shall be deemed to include the authority to redelegate the func- to ds , IS8 2) tively. 1 &S Sa 3D 5 OL II er tions so delegated. Ei il i } * Supra, doc. 7. * Supra, doc. 10. Supra. 5 3098 AMERICAN FOREIGN POLICY, 1950–1955 9 I I ti e $ behalf, shall coordinate the activities of the representatives of United States agencies including the chiefs of economic and technical assist ance missions, military assistance advisory groups, foreign information Mutual Defense Assistance Control Act of 1951, and the programs and execution of the said programs in such country. More particu larly, the functions of each Chief of United States Diplomatic Mission shall include, with respect to the programs and country concerned (1) Exercising general direction and leadership of the entire effort 1 For the establishment of the United States Information Agency, see infra, PART II. FOREIGN INFORMATION SEC. 201. Informational media guaranties. The United States Information Agency is bereby designated as the agency of the Government which shall on and after the effective date of this order exercise the authority to make informational media guaranties under section 111 (b) (3) of the Economic Cooperation Act of 1948, as amended (22 Ú. S. C. 1509 (b) (3), and section 536 of the Mutual Security Act of 1951, as amended, and to administer such guaranties made prior to the effective date of this order. The Director of the i Foreign Operations Administration, after consultation with the Director of the United States Information Agency, shall fix (and may from time to time revise) an amount representing that portion of the limitation prescribed by section 111 (b) (3) of the Economic Cooperai tion Act of 1948, as amended, which may be utilized by the Director of the United States Information Agency for informational media guaranties, including the liquidation of obligations outstanding under such guaranties as of the effective date of this order. SEC. 202. Information regarding technical cooperation. The United States Information Agency shåll publicize abroad the activities carried on under the Act for International Development.? Executive Order No. 10159 of September 8, 1950 (15 F. R. 6103), as amended , is bereby further amended accordingly. PART III. PROCEDURES FOR COORDINATION ABROAD SEC. 301. Functions of the Chief of the United States Diplomate Mission. (a) The Chief of the United States Diplomatic Mision h in each country, as the representative of the President, shall serve I as the channel of authority on foreign policy and shall provide foreign policy direction to all representatives of United States agencies in such country (b) The Chief of the United States Diplomatic Mission in excel country, as the representative of the President and acting on his Government) in such country engaged in carrying out programas ander staffs, and other representatives of agencies of the United States the Mutual Security Act of 1951, as amended, programs under time 1 he shall assume responsibility for assuring the unified development , pp. 3184-3186. 2 Supra, doc. 6. 3 Infra, pp. 3184-3185. ܒܢ TO A 8 a 3 8 B 0 а a M fi FOREIGN AID 3099 (2) Assuring that recommendations and prospective plans and actions of representatives of United States agencies are effectively ates coordinated and are consistent with and in furtherance of the estab- the lished policy of the United States. der (3) Assuring that the interpretation and application of instructions der received by representatives of United States agencies from higher $authority are in accord with the established policy of the United u States ctor ive 101 IT ties (4) Guiding the representatives of United States agencies in work- the ing out measures to prevent duplication in their efforts and to pro- the mote the most effective and efficient use of all United States officers na and employees engaged on the aforesaid programs. the (5) Keeping the representatives of United States agencies fully TA informed as to current and prospective United States policies. (6) Prescribing procedures governing the coordination of the activ- disities of representatives of United States agencies, and assuring that der these representatives shall have access to all available information essential to the accomplishment of their prescribed duties. ted (7) Preparing and submitting such reports on the operation and ties status of the programs referred to in the preamble of this section 301 b) as may be requested of the Secretary of State by the Director of Led , the Foreign Operations Administration and the Director of the United States Information Agency, respectively, (8) Recommending the withdrawal from the country of United States personnel whenever in his opinion the interests of the United whic States warrant such action. (c) Each Chief of United States Diplomatic Mission shall perform his functions under this part in accordance with instructions from 191 higher authority and subject to established policies and programs of the United States. Only the President and the Secretary of State shall communicate instructions directly to the Chief of the United States Diplomatic Mission. his (d) No Chief of United States Diplomatic Mission shall delegate ted any function conferred upon him by the provisions of this Part which directly involves the exercise of direction, coordination, or Sec. 302. Referral of unresolved matters. The Chief of the United der States Diplomatic Mission in each country shall initiate steps to reconcile any divergent views arising between representatives of United States agencies in the country concerned with respect to and programs referred to in the preamble of section 301 (b) hereof. If PL agreement cannot be reached the Chief of the United States Diplo- matic Mission shall recommend a course of action, and such course of action shall be followed unless a representative of a United States ed agency requests that the issue be referred to the Secretary of State and the United States agencies concerned for decision. If such a request is made, the parties concerned shall promptly refer the issue for resolution prior to taking action at the country level. Sec. 303. Effect of order on representatives of United States agencies. (a) All representatives of United States agencies in each country ach ist authority. 101 tes the MOS CH TOD ort from 3100 AMERICAN FOREIGN POLICY, 1950–1955 m en Bu SIS au en 10300 of November 9, 1951. (16 F. R. 11203), as amended, exclusive (b) Nothing in this order shall affect Executive Order No. 10062d (c) To the extent that any provision of any prior Executive order the is inconsistent with the provisions of this order, the latter shell (d) All orders, regulations, rulings, certificates, directives, agree shall be subject to the responsibilities imposed upon the Chief of the United States Diplomatic Mission in such country by section 501 of the Mutual Security Act of 1951, as amended, and by this Part (b) Subject to compliance with the provisions of this Pårt and with the prescribed procedures of their respective agencies, all represents- tives of United States agencies affected by this Part (1) shall have direct communication with their respective agencies and with such other parties and in such manner as may be authorized by their respective agencies, (2) shall keep the respective Chiefs of United Au States Diplomatic Missions and each other fully and currently in- formed on all matters, including prospective plans, recommendation , and actions, relating to the programs referred to in the preamble of section 301 (b) hereof, and (3) shall furnish to the respective Chiefs of United States Diplomatic Missions, upon their request, documents and information concerning the said programs. E. PART IV. GENERAL PROVISIONS Sec. 401. Coordination of foreign policy. The Secretary of State, the Director of the Foreign Operations Administration, and the Direc- 15 tor of the United States Information Agency shall establish and maintain arrangements which will insure that the programs under the supervision of the latter two officials are carried out in conformity with the established foreign policy of the United States. Sec. 402. Transfer of personnel, property, records, and funds. So Ur much of the personnel, records, property, and unexpended balance of appropriations, allocations, and other funds, available to any office or agency whereto there is delegated or assigned immediately prior to the taking effect of this Executive order any function which by this order is otherwise delegated or assigned, as the Director of the Bureau of the Budget determines to relate to the said functions and to be required by the officer or agency whereto the functions concerned an are delegated or assigned by this order, for the performance theredt ut shall be transferred, consonant with law, to such latter officer o ben agency. Such further measures and dispositions of the Bureau of the Budget shall deem to be necessary in order i effectuate the transfers provided for in this section shåll be carriet out in such manner as he shall direct and by such agencies as he skal designate. Sec. 403. Prior orders and actions. (a) Executive Order. Na 4, 1952 (17 F. R. 3009), are hereby superseded. June 6, 1949, as heretofore amended. control and such prior provision is amended accordingly. officer be WC em as the Director Wa str pre Or Stie tri 1 gar to i by Sec tar Au 12, Ad Hali 1 14 Fed. Reg. 2965. FOREIGN AID 3101 len ted 111 ats the Mutual Defense Assistance Control Act of 1951 in the Administrator created Secretary of State by sec. 101 of Ex. Or. No. 10610 (infra, doc. 19). The Secre- Authority No. 85, June 30, 1955, 20 Fed. Reg. 4825, as amended by No. 85-1, Oat. Administration but provided that the Director shall carry out the functions ments, contracts, delegations, determinations, and other actions of 50 any officer or agency of the Government relating to any function urt. sffected by this order shall remain in effect except as they are incon- Lith sistent herewith or are hereafter amended or revoked under proper tel. authority ve Sec. 404. Definition. As used in this order, the word "functions" ach embraces duties, powers, responsibilities, authority, and discretion. Sec. 405. Effective date. This order shall become effective on August 1, 1953. DWIGHT D. EISENHOWER ONS, of ad E. MUTUAL DEFENSE ASSISTANCE CONTROL PRO- GRAM, 1951-1955 at rec- and 15. MUTUAL DEFENSE ASSISTANCE CONTROL ACT OF 1951 der (BATTLE ACT): Public Law 213 (82d Congress, 1st Session), nity October 26, 1951 1 So Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ict be cited as the "Mutual Defense Assistance Control Act of 1951", be TITLE I-WAR MATERIALS Sec. 101. The Congress of the United States, recognizing that in a Rod world threatened by aggression the United States can best preserve and maintain peace by developing maximum national strength and by ed utilizing all of its resources in cooperation with other free nations, hereby declares it to be the policy of the United States to apply an Hi embargo on the shipment of arms, ammunition, and implements of war, atomic energy materials, petroleum, transportation materials of He strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war to any nation or combination of nations threatening the security of the United States, including the Union of Soviet Socialist Republics and all coun- untries under its domination, in order to (1) increase the national PL 213, 82d Cong. (65 Stat. 644); 22 U. S. C. 1611. Section 2 (b) of Reor- ganization Plan No. 7 of 1953 (effective Aug. 1, 1953; supra, doc. 12) transferred to the Director of the Foreign Operations Administration all functions vested by der tary of State then redelegated his authority (Department of State Delegation of “under the direction and control of the Secretary of State”. cas Mor ned OI • to hall ori lol 18] 4D 3102 AMERICAN FOREIGN POLICY, 1950–1955 mined under section 103 (a) after a full and complete investigation basis of investigation and consultation, and that all nations receiving (b) All military, economic, or financial assistance to any nation shall, upon the recommendation of the Administrator, be terminated United States, including the Union of Soviet Socialist Republics and all countries under its domination, of any item which he has deta strength of the United States and of the cooperating nations; (2) impede the ability of nations threatening the security of the United States to conduct military operations; and (3) to assist the people of the nations under the domination of foreign aggressors to reestab lish their freedom. It is further declared to be the policy of the United States that no military, economic, or financial assistance shall be supplied to any nation unless it applies an embargo on such shipments to any nation or combination of nations threatening the security of the United States, including the Union of Soviet Socialist Republics and al countries under its domination. This Act shall be administered in such a way as to bring about the fullest support for any resolution of the General Assembly of the United Nations, supported by the United States, to prevent the ship- ment of certain commodities to areas under the control of govern- ments engaged in hostilities in defiance of the United Nations. Sec. 102. Responsibility for giving effect to the purposes of this Act shall be vested in the person occupying the senior position author- ized by subsection (e) of section 406 of the Mutual Defense Assistance Act of 1949, as amended,' or in any person who may hereafter be charged with principal responsibility for the administration of the provisions of the Mutual Defense Assistance Act of 1949. Such per- son is hereinafter referred to as the “Administrator." SEC. 103. (a) The Administrator is hereby authorized and directed to determine within thirty days after enactment of this Act after fal and complete consideration of the views of the Departments of State , Defense, and Commerce; the Economic Cooperation Administration and any other appropriate agencies, and notwithstanding the pro visions of any other law, which items are, for the purpose of this Act, arms, ammunition, and implements of war, atomic energy me terials, petroleum, transportation materials of strategic value, and those items of primary strategic significance used in the production of arms, ammunition, and implements of war which should be embar goed to effectuate the purposes of this Act: Provided, That such deter minations shall be continuously adjusted to current conditions on the informed of such determinations. mination under section 103 (a) knowingly permits the shipment ! any nation or combination of nations threatening the security of the ( S l' V Y } لم C i a to 0 C t 1 A Decade of American Foreign Policy; p. 1362. FOREIGN AID 3103 sed no th the 1p- Th 1 Or- er States and the peace of the world. to be included in any of the following categories: Arms, ammunition, (2) and implements of war, atomic energy materials, petroleum, transpor- tation materials of strategic value, and items of primary strategic ple significance used in the production of arms, ammunition, and imple- ab ments of war: Provided, That the President after receiving the advice of the Administrator and after taking into account the contribution of such country to the mutual security of the free world, the impor- ny tance of such assistance to the security of the United States, the 100 strategic importance of imports received from countries of the Soviet ed bloc, and the adequacy of such country's controls over the export to all the Soviet bloc of items of strategic importance, may direct the con- tinuance of such assistance to a country which permits shipments of items other than arms, ammunition, implements of war, and atomic energy materials when unusual circumstances indicate that the cessa- tion of aid would clearly be detrimental to the security of the United States: Provided further, That the President shall immediately report This any determination made pursuant to the first proviso of this section with reasons therefor to the Appropriations and Armed Services Committees of the Senate and of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee be th: on Foreign Affairs of the House of Representatives, and the President shall at least once each quarter review all determinations made previ- ously and shall report his conclusions to the foregoing committees of ted the House and Senate, which reports shall contain an analysis of the trade with the Soviet bloc of countries for which determinations have been made. ate, Sec. 104. Whenever military, economic, or financial assistance has on; been terminated as provided in this Act, such assistance can be re- sumed only upon determination by the President that adequate meas- ures have been taken by the nation concerned to assure full compliance with the provisions of this Act. Sec. 105. For the purposes of this Act the term “assistance” does not include activities carried on for the purpose of facilitating the procurement of materials in which the United States is deficient. TITLE II-OTHER MATERIALS Sec. 201. The Congress of the United States further declares it to be the policy of the United States to regulate the export of commodi- ties other than those specified in Title I of this Act to any nation or combination of nations threatening the security of the United States, including the Union of Soviet Socialist Republics and all countries under its domination, in order to strengthen the United States and other cooperating nations of the free world and to oppose and offset by nonmilitary action acts which threaten the security of the United SEC. 202. The United States shall negotiate with any country re- ceiving military, economic, or financial assistance arrangements for the recipient country to undertake a program for controlling exports TO his ng- und JOD 81 er the ing ent on end er tô he nd er 01 Act of 1948 (Public Law 472, Eightieth Congress), as amended, and S as ministration of this Act shall be charged to such local currency funds currency administrative and operating expenses incurred in the st! SEC. 305. Subsection (d) of section 117 of the Foreign Assistance 3104 AMERICAN FOREIGN POLICY, 1950–1955 of items not subject to embargo under Title I of this Act, but which in the judgment of the Administrator should be controlled to any nation or combination of nations threatening the security of the United States, including the Union of Soviet Socialist Republics and all countries under its domination. Sec. 203. All military, economic, and financial assistance shall be terminated when the President determines that the recipient country (1) is not effectively cooperating with the United States pursuant to this title, or (2) is failing to furnish to the United States infor- mation sufficient for the President to determine that the recipient country is effectively cooperating with the United States. TITLE III--GENERAL PROVISIONS SEC. 301. All other nations (those not receiving United States military, economic, or financial assistance) shall be invited by the President to cooperate jointly in a group or groups or on an individual st basis in controlling the export of the commodities referred to in Title I and Title II of this Act to any nation or combination of nations threatening the security of the United States, including the Union SA of Soviet Socialist Republics and all countries under its domination, SEC. 302. The Administrator with regard to all titles of this Act shall- (a) coordinate those activities of the various United States departments and agencies which are concerned with security con- trols over exports from other countries; (b) make a continuing study of the administration of exports control measures undertaken by foreign governments in accord- ance with the provisions of this Act, and shall report to the Congress from time to time but not less than once every si he months recommending action where appropriate; and (c) make available technical advice and assistance on export ba control procedures to any nation desiring such cooperation. in SEC. 303. The provisions of subsection (a) of section 403, of section to 404, and of subsection (c) and (d) of section 406 of the Mutual Defense Assistance Act of 1949 (Public Law 329, Eighty-first Com St. gress), as amended, insofar as they are consistent with this Act, she Defense Assistance Act of 1949, as amended, shall be available for carrying out this Act in such amounts as the President shall direct SEC. 304. In every recipient country where local currency available for local currency expenses of the United States in com nection with assistance furnished by the United States, the book PI to the extent available. PE sh pr m mi KE the Co nis is made pel inc tio Ser 2 lata 19: wh Th 1 exc * A Decade of American Foreign Policy, p. 1318. FOREIGN AID 3105 int or ent tes JOS 1 10. permitting exportation of items of military value to the U.S.S.R. or its satellites, ch subsection (a) of section 1302 of the Third Supplemental Appropria- otion Act, 1951 (Public Law 45, Eighty-second Congress),' are repealed. all be F. MUTUAL SECURITY PROGRAM, 1954–1955 16. MUTUAL SECURITY ACT OF 1954, AS AMENDED BY THE MUTUAL SECURITY ACT OF 1955: Public Law 665 (83d Con- gress, 2d Session), August 26, 1954; Amended by Public Law 138 (84th Congress, 1st Session), July 8, 1955 (Excerpts)? the AN ACT To promote the security and foreign policy of the United Lal States by furnishing assistance to friendly nations, and for other itle purposes. Be it enacted by the Senate and House of Representatives of the United 101 States of America in Congress assembled, That this Act may be cited act as the "Mutual Security Act of 1954”. TITLE I-MUTUAL DEFENSE ASSISTANCE CHAPTER 1. MILITARY ASSISTANCE Sec. 101. PURPOSE OF CHAPTER. The Congress of the United port States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force the shall not be used except in the common defense. The Congress SL hereby finds that the efforts of the United States and other nations to promote peace and security require additional measures of support 101 based upon the principle of continuous and effective self-help and mutual aid. It is the purpose of this chapter to authorize measures in the common defense, including the furnishing of military assistance to friendly nations and international organizations in order to pro- 01 mote the foreign policy, security, and general welfare of the United States and to facilitate the effective participation of such nations in Act of June 2, 1951; 65 Stat. 63. Section 1302 (a), popularly known as the for Kem Amendment, provided that, during the period in which Armed Forces of the U.S. are engaged in hostilities' while carrying out any decision of the Security Council of the United Nations, no economic or financial assistance should be fur- nished under the Economic Cooperation Act of 1948, as amended, to any country including Communist China and Communist North Korea, unless such exporta- tion should be certified to be in the security interest of the U.S. by the National 1. PL 665, 83d Cong. (68 Stat. 832), approved Aug. 26, 1954, as amended by PL 138, 84th Cong. (69 Stat. 283), approved July 8, 1955; Mutual Security Legis- lation and Related Documents, International Cooperation Administration, Dec. 29, which do not relate specifically to the basic purposes of the acts have been deleted. The footnotes remaining throughout this document are from the ICA print, except as otherwise indicated. ates -OD- ord sion jus! hal 18 to ade 300 ad nds Security Council. and 415900_57_yol. 292 to be appropriated to the President, in addition to appropriations Mutual Security Appropriation Act, 1954 (including the appropriate continued available for the purpose of this chapter and to be come which is hereby authorized to be continued available through du dated with the appropriation authorized by this subsection, all 1 Section 12 of the Mutual Security Act of 1955, 69 Stat. 290, provides is hereby declared to be the continuing sense of the Congress that the Commus regime in China has not demonstrated its willingness to fulfill the obligatie contained in the Charter of the United Nations and should not be recogmid 2 See also the Act of May 19, 1926, as amended, 44 Stat. 565, 10 U.S.C. 3 Paragraph designation “(1)” was added by sec. 2 (a) of the Mutual Sarung 3106 AMERICAN FOREIGN POLICY, 1950–1955 arrangements for individual and collective self-defense. In furnish ing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and universal regulation and reductis of armaments, including armed forces, under adequate safe-guari to protect complying nations against violation and evasion. The Congress reaffirms its previous expressions favoring the creation by the free peoples of the Far East and the Pacific of & joint organ : zation, consistent with the Charter of the United Nations, to estable a program of self-help and mutual cooperation designed to develop their economic and social well-being, to safeguard basic rights sal liberties and to protect their security and independence . The Congress hereby reiterates its opposition to the seating in the United Nations of the Communist China regime as the representsin of China. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General de sembly of the United Nations, the President is requested to infor the Congress insofar as is compatible with the requirements of De tional security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together wil any recommendations which he may have with respect to the matte . ŠEC. 102. GENERAL AUTHORITY.Military assistance may furnished under this chapter on a grant or loan basis and upon su other appropriate terms as may be agreed upon, by the procurement from any source and the transfer to eligible nations and internation organizations of equipment, materials, and services or by the proper of any service, including the assignment or detail of members of d Armed Forces and other personnel of the Department of Defes solely to assist in an advisory capacity or to perform other duties di non-combatant nature, including military training or advice. Sec. 103. AUTHORIZATIONS.—a) (1)• There is hereby authoriek authorized by section 104, not to exceed $1,270,000,000 to carry it the purpose of this chapter; and, in addition, unexpended balance appropriations for military assistance under each paragraph of it for mutual special weapons planning), are hereby authorized to 30, 1955. to represent China in the United Nations." 34 U.S.C. $ 541a. be . Act of 1955. . FOREIGN AID 3107 atatir of out oreiga irish (2)' In addition, there is hereby authorized to be appropriated to State the President to carry out the purposes of this chapter not to exceed contri $1,133,000,000, to remain available until expended. luction (b) Funds made available pursuant to subsection (a) of this section guard shall be available for the administrative and operating expenses of carrying out the purpose of this chapter and of section 124 including reation expenses incident to United States participation in international or security organizations. tablish (c) 3 When appropriations made pursuant to subsection (a) of evely this section are used to furnish military assistance on terms of repay- #ment within ten years or earlier such assistance may be furnished, notwithstanding sections 105, 141, and 142, to nations eligible to in the purchase military equipment, materials, and services under section 106. SEC. 104. INFRASTRUCTURE.---(a) The President is authorized to all make contributions to infrastructure programs of the North Atlantic infore Treaty Organization, in accordance with agreements already made between the member nations, out of funds made available pursuant to this section, or section 103, or chapter IX of the Supplemental lude Appropriation Act, 1953, of amounts totaling not more than $780,000,- 000, less amounts already contributed for such purpose. There is RM hereby authorized to be appropriated to the President for such pur- bi pose, in installments prior to June 30, 1958, not to exceed $321,000,000, to remain available until expended. Such contributions by the Temel United States shall not exceed its proportionate share, as heretofore agreed upon, of the expenses of such programs. (b) When the President determines that it is in the interest of the security of the United States to participate in programs for the acquisition or construction of facilities in foreign nations for collective defense other than programs of the North Atlantic Treaty Organiza- tion, he may use for such purpose funds made available under section 103 or local currencies made available under section 402 in amounts totaling not more than $50,000,000. (C) Notwithstanding section 501 of this Act, no funds other than t" arith natter . By u such ational OVISION of the Defense es ofte COTLZH Tatios. 17 00 ICH I 1 of the miatt tot page Act of 1955. 210 1 June This paragraph was added by sec. 2 (a) of the Mutual Security Act of 1955. 2 Words "and of section 124” were added by sec. 2 (b) of the Mutual Security This subsection was substituted, by sec. 2 (c) of the Mutual Security Act of 1955, for repealed sec. 103 (c) which read as follows: "(c) Funds made available pursuant to subsection (a) of this section may be used for the procurement of equipment or materials outside the United States unless the President determines that such procurement will result in one or more of the following conditions: (1) Adverse effects upon the economy of the United States, with special reference to any areas of labor surplus, or upon the industrial mobilization base, which outweigh the strategic and logistic advantages to the United States of procurement abroad; (2) Production of such equipment or materials outside the United States under inadequate safeguards against sabotage or the release to potential enemies of information detrimental to the security of the United States; (3). Unjustifiable cost in comparison with procurement in the United States, taking into account transportation costs for delivery overseas; and (4) Delays in delivery incompatible with United States defense objectives." 5.48 auri 3108 AMERICAN FOREIGN POLICY, 1950–1955 t areas: those referred to in subsections (a) and (b) of this section may be expended for the purposes of this section. No funds shall be expended under this section for rental or purchase of land or for payment of taxes. SEÇ. 105. CONDITIONS APPLICABLE TO MILITARY ASSISTANCE.--(a) Military assistance may be furnished under this chapter to any nation whose increased ability to defend itself the President shall have determined to be important to the security of the United States and which is otherwise eligible to receive such assistance. Equipment and materials furnished under this chapter shall be made available solely to maintain the internal security and legitimate self-defense of the recipient nation, or to permit it to participate in the defense of its area or in collective security arrangements and measures consistent with the Charter of the United Nations. The President shall be satisfied that such equipment and materials will not be used to under- take any act of aggression against any nation. (b) In addition to the authority and limitations contained in the preceding subsection, the following provisions shall apply to particular (1): The Congress welcomes the recent progress in European cooperation and reaffirms its belief in the necessity of further efforts toward political federation, military integration, and economic unification as a means of building strength, establishing security, and preserving peace in the North Atlantic area. In order to provide further encouragement to such efforts, the Congress believes it essential that this Act should be so adminis- tered as to support concrete measures to promote greater political federation, military integration, and economic unification in Europe. (2) Military assistance furnished to any nation in the Near East and Africa ? to permit it to participate in the defense of its area shall be furnished only in accordance with plans and arrange- ments which shall have been found by the President to require the recipient nation to take an important part therein. (3) In furnishing military assistance in Asia 3 and in carrying out the provisions of section 121 of this Act, the President shall 1 This paragraph was amended by sec. 2(d) of the Mutual Security Act of 1955; it formerly read as follows: "(1) In order to promote an integrated defense of the North Atlantic area and to support concrete measures for political federation, military integration, and economic unification in Europe, equipment and materials of the value programed for fiscal years 1954 and 1955 for nations signing the treaty consti- tuting the European Defense Community shall , pending the coming into force of the treaty, be delivered only to such of these nations as have ratified the treaty, and have joined together in or are developing collective defense, prima grams in a manner satisfactory to the United States as determined by the President." 2. Sec. 2 (e) of the Mutual Security Act of 1955 amended this paragraph by striking out the former "Near East, Africa, and South Asia” and inserting, in lieu thereof, "Near East and Africa." striking out the former the Far East and the Pacific and inserting, in lieu 3 Sec. 2 (é) of the Mutual Security Act of 1955 amended this paragraph by thereof, "Asia." FOREIGN AID 3109 ? i } area: striking out the former "Africa, and South Asia" and inserting, in lieu thereof, striking out the former "the Far East and the Pacific" and inserting, in lieu give the fullest assistance, as far as possible directly, to the free 1 peoples in that area, including the Associated States of Cambodia, f Laos, and Vietnam, in their creation of a joint organization, con- sistent with the Charter of the United Nations, to establish a program of self-help and mutual cooperation designed to develop their economic and social well-being, to safeguard basic rights and liberties, and to protect their security and independence. (4) Military assistance may be furnished to the other American Republics only in accordance with defense plans which shall have been found by the President to require the recipient nation to participate in missions important to the defense of the Western Hemisphere. (c) The Secretary of Defense shall insure that the value (as de- termined pursuant to section 545) of equipment, materials, and serv- ices heretofore furnished under military assistance programs author- ized by Acts repealed by this Act or hereafter furnished pursuant to section 103 (a) to nations or organizations in each of the four areas named in this subsection shall not exceed the total of the funds here- tofore made available for military assistance in that area pursuant to Acts repealed by this Act plus the amount herein specified for that (1) In the European area (excluding Greece and Turkey), $617,500,000. (2) In the Near East (including Greece and Turkey) and Africa,' $181,200,000. (3) In Asia, 2 $583,600,000. (4) In the Western Hemisphere, $13,000,000. (d) Whenever the President determines it to be necessary for the purpose of this title, equipment, materials, and services of a value not to exceed 15 per centum of the sum of (1) that portion of the unex- pended balances referred to in section 103 (a) which was available on June 30, 1954, to furnish assistance in any of the areas named in subsection (c) of this section, and (2) the amount specified in the applicable paragraph of subsection () of this section for additional assistance in such area, may be furnished in any other such area or areas, notwithstanding the limitations set forth in subsection (c) of this section, Funds heretofore obligated or programed or hereafter made available solely for the purpose of section 104 (pertaining to infra- structure) shall not be included in the total fixed for each such area. Funds heretofore appropriated for military assistance in a particular geographic area but transferred from such use under section 513 of the Mutual Security Act of 1951, as amended, or under section 408 (c) of the Mutual Defense Assistance Act, shall be included in the total for the area for the benefit of which such transfer was made, and not in the total for the area from which the transfer was made. Sec. 2 (f) of the Mutual Security Act of 1955 amended this paragraph by Sec. 2 (f) of the Mutual Security Act of 1955 amended this paragraph by . "and Africa." thereof, “Asia". 3110 AMERICAN FOREIGN POLICY, 1950–1955 amounts and at such times as may be necessary to meet the payments tion to any program of military assistance for which funds may be SEC. 108. TRANSFER OF MILITARY EQUIPMENT TO JAPAN.-In add- appropriated pursuant to this Act, the President is hereby authorized to transfer to the Government of Japan, until June 30, 1956,' upon 1"1956” was substituted for "1955" by sec. 2 (g) of the Mutual Security Act of SEC. 106. SALE OF MILITARY EQUIPMENT, MATERIALS, AND DER - ICES.--(a) The President may, in order to carry out the purpose of this chapter, sell or enter into contracts (without requirement for charge to any appropriation or contract authorization) for the pro- curement for sale of equipment, materials, or services to any nation or international organization: Provided, That prior to the transfer of any such equipment, materials, or services to any nation which has not signed an agreement under section 142 of this Act or joined with the United States in a regional collective defense arrangement, the President shall have received commitments satisfactory to him that such equipment, materials, or services are required for and will be used by such nation solely to maintain its internal security, its legiti- mate self-defense, or to permit it to participate in the defense of the area of which it is a part, or in collective security arrangements and measures consistent with the Charter of the United Nations, and that it will not undertake any act of aggression against any other state. (b) Whenever equipment or materials are sold from the stocks of or services are rendered by any United States Government agency to any nation or international organization as provided in subsection (a), such nation or international organization shall first make available the fair value, as determined by the President, of such equipment, materials, or services before delivery or, when the President determines it to be in the best interests of the United States, within sixty days thereafter or, as determined by the President, within a reasonable period not to exceed three years. The fair value for the purpose of this subsection shall not be less than the value as defined in subsection (b) of section 545: Provided, That with respect to excess equipment or materials the fair value may not be determined to be less than a the minimum value specified in that subsection plus the scrap value or (ii) the market value, if ascertainable, whichever is the greater . Before a contract for new production is entered into, or rehabilitation work is undertaken, such nation or international organization shal (A) provide the United States with a dependable undertaking to pay the full amount of such contract or the cost of such rehabilitation which will assure the United States against any loss on the contract or rehabilitation work, and (B) shall make funds available in such required by the contract or the rehabilitation work in advance of ta time such payments are due, in addition to the estimated amount of any damages and costs that may accrue from the cancellation of such contract or rehabilitation work. (C) Sections 105, 141, and 142 shall not apply with respect assistance furnished under this section. SEC. 107. WAIVERS OF LAW.- to 1 1955. FOREIGN AID 3111 y to Vietnam ines e of tion lent Rr such terms and conditions as he may specify, and upon its request, e. of United States military equipment and supplies programed for Japan for to meet its internal security requirements for which Department of pro- Defense appropriations were obligated prior to July 1, 1953. No 10 appropriation shall be requested to replace the military equipment and of supplies so transferred, and no funds heretofore or hereafter appropri- has sted for the purpose of this chapter shall be available for reimburse- rith ment to any United States Government agency on account of any the transfer made pursuant to this section. hat I be CHAPTER 2-SOUTHEAST ASIA AND THE WESTERN PACIFIC, AND Fiti- DIRECT FORCES SUPPORT the Sec. 121. SOUTHEAST ASIA AND THE WESTERN PACIFIC.—There is and hat hereby authorized to be appropriated to the President for the fiscal year 1955, to be made available on such terms and conditions, including 3 01 transfer of funds, as he may specify, not to exceed $700,000,000 for expenses necessary for the support of the forces of nations in the area of Southeast Asia, including the furnishing, as far as possible, of tion ahle direct assistance to the Associated States of Cambodia, Laos, and ent , as well as to the forces of other free nations in the area including those of France located in such Associated States and for other expenditures to accomplish in Southeast Asia and the Western ays able Pacific the policies and purposes declared in this Act. In addition, the unexpended balances of funds allocated from appropriations made pursuant to sections 304 and 540 of the Mutual Security Act of 1951, as amended, for the purpose of support of the forces of the Associated 10) States of Cambodia, Laos, and Vietnam and the forces of France lue, located in the Associated States, are hereby authorized to be continued available for the purpose of this section through June 30, 1955, and to ter bio] be consolidated with the appropriation authorized by this section. hall Assistance under this title shall be made available subject to the provisions of sections 141 and 142, except that (1) in the case of assist- ance to the Associated States of Cambodia, Laos, and Vietnam, and 2) in the case of assistance (not to exceed in the aggregate 10 per cen- tum of the amount appropriated pursuant to this section, excluding pnexpended balances of prior appropriations) to other nations, the the President may waive specific provisions of section 142 to the extent may deem necessary in the national interest to carry out the pur- poses of this Act. The President or such officer as he may designate shall report each instance of such waiver to the Foreign Relations, Appropriations, and Armed Services Committees of the Senate and the Foreign Affairs, Appropriations, and Armed Services Committees of the House of Representatives within thirty days. It is the sense of the Congress that no part of the funds appropriated • be under this section shall be used on behalf of governments which are committed by treaty to maintain Communist rule over any defined territory of Asia. 1. No new funds were requested for this section for fiscal year 1956. The word "section" was stricken out and the word "title" substituted by sec. (a) of the Mutual Security Act of 1955. par G100 "act uch ents he tof uch to ddi ized POI at of 3112 AMERICAN FOREIGN POLICY, 1950-1955 to f(b) There is hereby authorized to be appropriated to the President SEC. 122. PRODUCTION FOR FORCES SUPPORT.-There is hereby authorized to be appropriated to the President for the fiscal year 1955 , to be made available on such terms and conditions, including transfer of funds, as he may specify, not to exceed $35,000,000 - for manufac- In ture in the United Kingdom of military aircraft required by United py Kingdom forces for the defense of the North Atlantic area. In addi- ed tion, unexpended balances of appropriations made pursuant to section 102 of the Mutual Security Act of 1951, as amended, are hereby author- th ized to be continued available for their original purposes through B June 30, 1955, and the unexpended balance of the appropriation made pursuant to the second clause of that section is authorized to be consolidated with the appropriation authorized by this section. SEC. 123. COMMON USE ITEMS.—There is hereby authorized to be fo appropriated to the President for the fiscal year 1955 not to exceed $60,000,000 1 for the provision of any common-use equipment , materials, commodities, or services which are to be used by military forces of nations receiving assistance under chapter 1 of this title Programs authorized by this section shall be administered in accord- ance with the provisions of chapter 1 or chapter 3 of this title. SEC. 124.2 DIRECT FORCES SUPPORT.-There is hereby authorized to be appropriated to the President for the fiscal year 1956 not to P exceed $317,200,000 to provide assistance in the form of direct forces support to be delivered or rendered directly to the military forces of nations eligible for military assistance under chapter 1 of this title The President may, notwithstanding the provisions of section 50. consolidate all or any part of appropriations made pursuant to this section with appropriations made pursuant to section 103. Programs authorized by this section may be administered in accordance with d the provisions of chapter 1 or chapter 3 of this title. CHAPTER 3-DEFENSE SUPPORT SEC. 131. GENERAL AUTHORITY.—(a) The President is hereby authorized to furnish, to nations and organizations eligible to receive military assistance under chapter 1 of this title, or to nations which have joined with the United States in a regional collective defense arrangement, commodities, services, and financial and other assistance designed to sustain and increase military effort. In furnishing such assistance, the President may provide for the procurement and trans- fer from any source of any commodity or service (including processing , storing, transporting, marine insurance, and repairing) or any nical information and assistance. to exceed (1) $46,000,000 for Europe (excluding Greece and Turkey); OD VE C S b $ t n 8 0 tech- d 1 No new funds were requested for this section for fiscal year 1956. 2 This section was added by sec. 3 b) of the Mutual Security Act of 1955. FOREIGN AID 3113 by 1 10D or UIT ces (2) $73,000,000 for the Near East (including Greece and 55, Turkey), Africa, and South Asia; and fer (3) $80,098,195 for the Far East and the Pacific. AC- In addition, unexpended balances of appropriations heretofore made ted pursuant to section 541 of the Mutual Security Act of 1951, as amend- died, are hereby authorized to be continued available for the purpose of this subsection through June 30, 1955, and to be consolidated with the appropriation authorized for the same area by this subsection: ugh Provided, That portions of such unexpended balances which have been ide allocated to assistance for Greece and Turkey shall be consolidated be with the appropriation authorized by paragraph (2) of this subsection. (c) There is hereby authorized to be appropriated to the President be for the fiscal year 1956 to carry out the provisions of this section, not red to exceed- nt, (1) $92,000,000 for Europe (excluding Greece and Turkey); (2) $102,500,000 for the Near East (including Greece and Ele . Turkey) and Africa; and rd- (3) $827,800,000 for Asia. Funds made available for assistance to Korea from appropriations sed authorized by this section may be used in accordance with the ap- toplicable provisions of section 132 of this Act. (d) In providing assistance in the procurement of commodities in of the United States, United States dollars shall be made available for Ele marine insurance on such commodities where such insurance is placed 01, on a competitive basis in accordance with normal trade practice pre- his vailing prior to the outbreak of World War II: Provided, That in the event a participating country, by statute, decree, rule, or regulation, ith discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities pur- chased with funds provided hereunder and destined for such country shall be insured in the United States against marine risk with a com- pany or companies authorized to do a marine insurance business in any by State of the United States. Feb Sec. 132. KOREAN PROGRAM. (a) There is hereby authorized to be appropriated to the President for the fiscal year 1955 not to exceed $205,000,000 to be expended, upon terms and conditions specified by on in the President, for defense support, relief and rehabilitation, and other necessary assistance (including payment of ocean freight charges on shipments for relief and rehabilitation, without regard to section 409 of this Act) in those parts of Korea which the President shall have determined to be not under Communist control. In addition, un- expended balances of funds heretofore allocated for the purpose of -16 relief and rehabilitation in Korea pursuant to the paragraph entitled “Relief and Rehabilitation in Korea,” chapter VII, Supplemental Appropriation Act, 1954, and unobligated balances of the appropria- tion for "Civilian Relief in Korea," title III, Department of Defense appropriation Act, 1954, are hereby authorized to be continued avail- able for the purposes of this subsection through June 30, 1955, and to Subsections (c) and (d) of sec. 131 were added by sec. 4 of the Mutual Security ms OS- 106 Act of 1955. 3114 AMERICAN FOREIGN POLICY, 1950-1955 8 will strengthen the security of the United States and promote world No such assistance shall be furnished to a nation unless it shall have agreed to the provisions required by section 142, and such additional provisions as the President deems necessary to effectuate the policies and provisions of this title and to safeguard the interest be consolidated with the appropriation authorized by this subsection . (b) (1) Notwithstanding the provisions of any other law, the Presi. dent is authorized, at any time prior to twenty-four months from the date of enactment of this Act, to transfer to the Republic of Korea, by sale or charter and on such terms and conditions as he may specify , not more than eight C1-M-AV1 vessels. Any agency of the United States Government owning or operating such vessels is authorized to make such vessels available for the purpose of this subsection: Pro vided, That if after investigation it is determined by the President that there are privately owned C1-M-AV1 vessels offered and avail- able for sale by American citizens as defined in section 2 of the Shipping Act, 1916, as amended, at prices equal to or less than those provided for in subsection (b) (2) below, such vessels shall be acquired by an owning or operating agency designated by the Presi: dent for the purpose of this subsection. Funds made available pur- suant to subsection (a) of this section shall be available for the purpose of this subsection. (2) Such transfers shall be made at prices determined under section 3 of the Merchant Ship Sales Act of 1946 (50 U. S. C., App. 1736): Provided, That such vessels shall be placed in class in accordance with minimum requirements of the American Bureau of Shipping by the owning or operating agency, and the expense of placing in class shal be reimbursed to such agency. (c) There is hereby authorized to be appropriated for the fiscal year 1955 not to exceed $3,452,615 for making contributions to the United Nations Korean Reconstruction Agency or expenditure through such other agency for relief and rehabilitation in Korea as the President may direct. In addition, the unexpended balance of the appropriation made pursuant to the last sentence of section 303 (6) of the Mutual Security Act of 1951, as amended, is hereby authorized to be continued available for the purpose of this subsection through June 30, 1955, and to be consolidated with the appropriation author ized by this subsection. Sections 141 and 142 of this Act shall not apply with respect to assistance furnished under this subsection. CHAPTER 4~GENERAL PROVISIONS RELATING TO MUTUAL DEFENSE ASSISTANCE SEC. 141. CONDITIONS OF ELIGIBILITY FOR ASSISTANCE. – No assis ance shall be furnished under this title to any nation or unless the President shall have found that furnishing such assistan peace. organization of the United States. 1 1 No funds for fiscal year 1956 were authorized or appropriated for the purpos of this subsection. FOREIGN AID 3115 01. Esi ent 181 + esi- with respect to these matters, as the President may require. SEC. 142. AGREEMENTS.-(a) 1 No assistance shall be furnished to any nation under this title unless such nation shall have agreed to- the (1) join in promoting international understanding and good :ea, will, and maintaining world peace; ify , (2) take such action as may be mutually agreed upon to ted eliminate causes of international tension; I to (3) fulfill the military obligations, if any, which it has assumed ro under multilateral or bilateral agreements or treaties to which the United States is a party, ail . (4) make, consistent with its political and economic stability, of the full contribution permitted by its manpower, resources facilities, and general economic condition to the development and be maintenance of its own defensive strength and the defensive strength of the free world; (5) take all reasonable measures which may be needed to develop its defense capacities; (6) take appropriate steps to insure the effective utilization of the assistance furnished under this title in furtherance of the 6): policies and purposes of this title; (7) impose appropriate restrictions against transfer of title to the or possession of any equipment and materials, information, or 1al services furnished under chapter 1 of this title, without the con- sent of the President; (8) maintain the security of any article, service, or information the furnished under chapter 1 of this title; (9) furnish equipment and materials, services, or other assist- the ance consistent with the Charter of the United Nations, to the the United States or to and among other nations to further the (8) policies and purpose of chapter 1 of this title; (10) permit continuous observation and review by United ugh States representatives of programs of assistance authorized under this title, including the utilization of any such assistance and 2 provide the United States with full and complete information Ose 101 100 ure zed TOT 006 3 ISE ist GOD ace lo ald (b) In cases where any commodity is to be furnished on a grant basis under chapter 2 or chapter 3 of title I or under title II of this Act under arrangements which will result in the accrual of proceeds to the recipient nation from the import or sale thereof, such assistance shall not be furnished unless the recipient nation shall have agreed to establish a Special Account, and 4 "(a)" was inserted by sec. 5 of the Mutual Security Act of 1955. ? The word "and" was substituted for "or” by sec. 5 of the Mutual Security * The word "and" which appeared at the end of this subparagraph was deleted by sec. 5 of the Mutual Security Act of 1955, and a period was substituted. * Sec. 5 of the Mutual Security Act of 1955 changed the designation of this provision from "(11)" to "(b)” and revised the language of the introductory para- graph which previously read as follows: "(11) in cases where any commodity is furnished on a grant basis under any provision of this Act other than chapter 1 of title I under arrangements which will result in the accrual of proceeds to the recipient nation from the import or sale thereof, establish a Special Account, and. Act of 1955. il uch ste ests San 3116 AMERICAN FOREIGN POLICY, 1950–1955 conditions as the President may specify, except that 30 per centum of the funds sut exc tec COI we IS through June 30, 1955, and to be consolidated with the appropriations 1 The words "South Asia" were stricken out and "Asia' inserted, in lieu thereof. 2 The words "and to assist in maintaining economic and political stability in 3 This sentence was revised by sec. 6 (a) (1) of the Mutual Security Act of 1955. It formerly read as follows: "Such assistance may be furnished on such terms and appropriated pursuant to this subsection shall be available only for furnishing (i) deposit in the Special Account, under such terms and sect conditions as may be agreed upon, currency of the recipient nation in amounts equal to such proceeds; for (ii) make available to the United States such portion of the 838 Special Account as may be determined by the President to be res necessary for the requirements of the United States: Provided S That such portion shall not be less than 10 per centum in the case of any country to which such minimum requirement has been applicable under any Act repealed by this Act; and @ (iii) utilize the remainder of the Special Account for pro- Sta grams agreed to by the United States to carry out the purposes for which new funds authorized by this Act would themselves 900 im] be available. Any unencumbered balances of funds which remain in the Account CAT upon termination of assistance to such nation under this Act shall be disposed of for such purposes as may, subject to approval by the Act or joint resolution of the Congress, be agreed to between such country and the Government of the United States. TITLE II—DEVELOPMENT ASSISTANCE of SEC. 201. AUTHORIZATION.--(a) There is hereby authorized to be appropriated to the President for the fiscal year 1955, not to exceed- pro (1) $115,000,000 for assistance designed to promote the eco an nomic development of the Near East and Africa, and for other types of assistance designed to help maintain economic and political stability in the area; sh (2) $75,000,000 for assistance designed to promote the eco ago nomic development of Asia and to assist in maintaining eco-st- nomic and political stability in the area; and pr tie (3) $9,000,000 for assistance designed to promote economie development in the other American Republics and non-seli PE de governing territories of the Western Hemisphere and to assist in In maintaining economic and political stability in the area. Such assistance may be furnished on such terms and condition as the President may specify and shall emphasize loans rather than F grants wherever possible.3 (b) In addition, unexpended balances of appropriations made pursuant to sections 206 and 302 (b) of the Mutual Securis Act of 1951, as amended, and unexpended balances of funds allocate authorized to be continued available for the purposes of this sectioned do by sec. 6 (a) (1) of the Mutual Security Act of 1955. us ini C87 ar חזון heretofore 81 m f assistance on terms of repayment in accordance with section 505." FOREIGN AID 3117 22 authorized by paragraphs (1), (2), and (3) of subsection (a) of this od section, respectively at (c) There is hereby authorized to be appropriated to the President for the fiscal year 1956 not to exceed $73,000,000, $71,000,000, and 838,000,000 to furnish assistance under paragraphs (1), (2), and (3), De respectively of subsection (a) of this section. . SEC. 202, ADMINISTRATION. 2e ES 1- es es nt et al 21 20- TITLE III-TECHNICAL COOPERATION Sec. 301. DECLARATION OF PURPOSE.--It is the policy of the United States and the purpose of this title to aid the efforts of the peoples of economically underdeveloped areas to develop their resources and improve their working and living conditions by encouraging the exchange of technical knowledge and skills and the flow of investment capital to countries which provide conditions under which such technical assistance and capital can effectively and constructively contribute to raising standards of living, creating new sources of wealth, increasing productivity and expanding purchasing power, Sec. 302. GENERAL AUTHORITY AND DEFINITION.--The President is authorized to furnish assistance in accordance with the provisions of this title through bilateral technical cooperation programs. As be used in this title, the term "technical cooperation programs” means programs for the international interchange of technical knowledge and skills designed to contribute primarily to the balanced and Les integrated development of the economic resources and productive nd capacities of economically underdeveloped areas. Such activities shall be limited to economic, engineering, medical, educational, labor, 20- agricultural, forestry, fishery, mineral, and fiscal surveys, demon- Sostration, training, and similar projects that serve the purpose of promoting the development of economic resources, productive capaci- nieties, and trade of economically underdeveloped areas, and training in public administration. The term "technical cooperation programs” in does not include such activities authorized by the United States Information and Educational Exchange Act of 1948 (62 Stat. 6) as are not primarily related to economic development, nor activities 20 undertaken now or hereafter pursuant to the International Aviation Facilities Act (62 Stat. 450), nor activities undertaken now or here- time after in the administration of areas occupied by the United States Sec. 303. PREREQUISITES TO ASSISTANCE.-Assistance shall be by made available under section 302 of this Act only where the President determines that the nation being assisted- (a) pays a fair share of the cost of the program; (b) provides all necessary information concerning such pro- gram and gives the program full publicity; (c) seeks to the maximum extent possible full coordination and integration of technical cooperation programs being carried on in that nation; This subsection was added by sec. 6 (a) (2) of the Mutual Security Act of OS Armed Forces. ed 00 DS of, in 56. id ing 1955. 3118 AMERICAN FOREIGN POLICY, 1950-1955 ME to an 1 an MIL mat esc end of the subsection were added by sec. 7 (b) (1) of the Mutual Security Act of end of the subsection were added by sec. 7 (b)-(2) of the Mutual Security Act of (d) endeavors to make effective use of the results of the 21 program, and (e) cooperates with other nations participating in the program in the mutual exchange of technical knowledge and skills. bu SEC. 304. AUTHORIZATION.- be SEC. 305. LIMITATION ON USE OF FUNDS.-Funds made available the under section 304 may be expended to furnish assistance in the form in of equipment or commodities only where necessary for instruction or reg demonstration purposes. SEC. 306. MULTILATERAL TECHNICAL COOPERATION.—As one means of accomplishing the purposes of this title, the United States is authorized to participate in multilateral technical cooperation pro- thi grams carried on by the United Nations, the Organization of American States, their related organizations, and other international organizam tions, wherever practicable. There is hereby authorized to be appro- priated to carry out the purpose of this section, in addition to the amounts authorized by section 304, not to exceed- (a) $17,958,000 for making contributions to the United Nations NO Expanded Program of Technical Assistance; in addition, $24,000,000 m for the fiscal year 1956 for contributions to the United Nations Expanded Program of Technical Assistance;' Ru (b) $1,500,000 for making contributions to the technical coopera-Co tion program of the Organization of American States; in addition, $1,500,000 for the fiscal year 1956 for contributions to the technical cooperation programs of the Organization of American States.? Sec. 307. ADVANCES AND GRANTS; CONTRACTS.-The President may make advances and grants-in-aid of technical cooperation pro- pui grams to any person, corporation, or other body of persons or to any foreign government agency. The President may make and perform of contracts and agreements in respect to technical cooperation programs ex on behalf of the United States Government with any person, corporate tion, or other body of persons however designated, whether within or she without the United States, or with any foreign government or foreign government agency. A contract or agreement which entails commit all ments for the expenditure of funds appropriated pursuant to this time may, subject to any future action of the Congress, run for not to for exceed three years. SEC. 308. INTERNATIONAL DEVELOPMENT ADVISORY BOARD.-There shall be an advisory board, referred to in this section as the Board." which shall advise and consult with the President, or such other officer as he may designate to administer this title, with respect to general or basic policy matters arising in connection with the operation of programs authorized by this title, title II, and section 413 (b) The Board shall consist of not more than thirteen members app pointed by the President, one of whom, by and with the advice and 1 The words commencing with “ in addition” and continuing through to com The words commencing with “in addition and continuing through to be ang are eit SU! Cor sec ma 1 desi add und 3 pria Her 1955. Mue 4 1955. FOREIGN AID 3119 B 1 P $ $ 0 IS IS ge Mutual Security Act of 1955. The consent of the Senate, shall be appointed by him as chairman. members of the Board shall be broadly representative of voluntary agencies and other groups interested in the programs, including business, labor, agriculture, public health, and education. All mem- bers of the Board shall be citizens of the United States; none except the chairman shall be an officer or an employee of the United States fincluding any United States Government agency) who as such regularly receives compensation for current services. TITLE IV-OTHER PROGRAMS Sec. 401. SPECIAL FUND.-(a) Of the funds made available under " this Act, not to exceed $50,000,000, in addition to the funds authorized to be appropriated under subsection (b) hereof, may be used in any fiscal year, without regard to the requirements of this Act or any other Act for which funds are authorized by this Act, in further- ance of any of the purposes of such Acts, when the President deter- mines that such use is important to the security of the United States. Not to exceed $100,000,000 of the funds available under this section 0 may be expended for any selected persons who are residing in or escapees from the Soviet Union, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, Albania, Lithuania, Latvia, and Estónia or the Communist-dominated or Communist-occupied areas of Germany and Austria, or any Communist-dominated or Communist-occupied dreas of Asia and any other countries absorbed by the Soviet Union, either to form such persons into elements of the military forces nt supporting the North Atlantic Treaty Organization or for other purposes, when the President determines that such assistance will contribute to the defense of the North Atlantic area or to the security n of the United States. Certification by the President that he has expended amounts under this Act 3 not in excess of $50,000,000, and that it is inadvisable to specify the nature of such expenditures, shall be deemed a sufficient voucher for such amounts. Not more 1 than $20,000,000 of the funds available under this section may be o allocated to any one nation in le any fiscal year. (b) * There is hereby authorized to be appropriated to the President for the fiscal year 1956 $100,000,000 for use in accordance with sub- section (a) of this section. Sec . 402. EARMARKING OF FUNDS. Of the funds authorized to be made available pursuant to this Act for the fiscal year 1956, not less Section 8 (a) of the Mutual Security Act of 1955 added the subsection designation " (a)”, substituted the figure $50,000,000 in lieu of $150,000,000, and added the following words: “in addition to the funds authorized to be appropriated under subsection (b) hereof."' . Mutual Security Appropriation Act, 1956—“ Provided, That no funds appro- priated in this Act shall be used to assist directly in the migration to any nation In the Western Hemisphere of any person not having a security clearance based in reasonable standards to insure against Communist infiltration in the Western *The word "Act' was substituted for the word "section" by sec. 8. (a) of the *This subsection was added by sec. 8 (a) of the Mutual Security Act of 1955. IS } I 0 e I 0 2 ! |- e Hemisphere. dy 3120 AMERICAN FOREIGN POLICY, 1950–1955 ID mit 1 The words "for the fiscal year 1956, not less than $300,000,000" were substi. tuted for "not less than $350,000,000" by sec. 8 (b) of the Mutual Security Act 2 For text of Agricultural Trade Development and Assistance Act of 1954, see 5 This subsection was added by sec. 8 (c) of the Mutual Security Act of 1956 than $300,000,000 1 shall be used to finance the export and sale for Ex foreign currencies of surplus agricultural commodities or products an thereof produced in the United States, in addition to surplus agri com cultural commodities or products transferred pursuant to the Agricul- of tural Trade Development and Assistance Act of 1954, and in accord pro ance with the standards as to pricing and the use of private trade in channels expressed in section 101 of said Act. Foreign currency proceeds accruing from such sales shall be used for the purposes of der this Act and with particular emphasis on the purposes of section 104 Sta of the Agricultural Trade Development and Assistance Act of 1954 which are in harmony with the purposes of this Act. Notwithstanding Oct section 1415 of the Supplemental Appropriation Act, 1953, or any of : other provision of law, the President may use or enter into agreements exc with friendly nations or organizations of nations to use for such purposes the foreign currencies which accrue to the United States the under this section. the SEC. 403. SPECIAL ASSISTANCE IN JOINT CONTROL AREAS.—() The President is hereby authorized to furnish commodities, services par and financial and other assistance to nations and areas for which the of United States has responsibility at the time of the enactment of this sec Act as a result of participation in joint control arrangements where ting found by the President to be in the interest of the security of the 195 United States. There is hereby authorized to be appropriated to the this President for the fiscal year 1955 not to exceed $25,000,000 to carry $80 out this section. for the fiscal year 1956° not to exceed $21,000,000 to carry out this I oft (b) 5 There is hereby authorized to be appropriated to the President section. Sec. 404. RESPONSIBILITIES IN GERMANY.—Upon approval by the rear Na Secretary of State, a part of the German currency now or deposited under the bilateral agreement of December 15, 1949, be € tween the United States and the Federal Republic of Germany (or any supplementary or succeeding agreement) shall be deposited in seta the GARIOA (Government and Relief in Occupied Areas) Special and 8 Account under the terms of article V of that agreement, and currency to which has been or may be deposited in said account, and any portion of funds made available for assistance to the Federal Republic of the Germany pursuant to section 403 of this Act, may be used for expenses necessary to meet the responsibilities or objectives of the United States in Germany, including responsibilities arising under the supreme authority assumed by the United States on June 5, 1945, and under contractual arrangements with the Federal Republic of Germany. of 1955. supra, pp. 2941-2947. t • The subsection designationem constantinos kahe following words “at the times the enactment of this Act" which appear after the word "responsibility," added by sec. 8 (c) of the Mutual Security Act of 1955. hereafter for IT was 2 pria in the OD T Hen 1957 1953 6 FOREIGN AID 3121 2 Expenditures may be made under authority of this section in amounts and under conditions determined by the Secretary of State after consultation with the official primarily responsible for administration of programs under chapter 3 of title I, and without regard to any provision of law which the President determines must be disregarded in order to meet such responsibilities or objectives. Sec. 405. MIGRANTS, REFUGEES, AND ESCAPEES. —(a) The Presi- dent is hereby authorized to continue membership for the United States on the Intergovernmental Committee for European Migration in accordance with its constitution approved in Venice, Italy, on October 19, 1953. For the purpose of assisting in the movement of migrants, there is hereby authorized to be appropriated not to exceed $11,189,190 for contributions during the calendar year 1955 to the Intergovernmental Committee for European Migration, and thereafter such amounts as may be necessary from time to time for the payment by the United States of its contributions to the Com- mittee and all necessary salaries and expenses incident to United States participation in the Committee. In addition, the unexpended balance of the appropriation made pursuant to section 534 of the Mutual Security Act of 1951, as amended, is hereby authorized to be con- tinued available for the purpose of this subsection through June 30, 1955, and to be consolidated with the appropriation authorized in this subsection. I (b) of the funds made available under this Act not more than $800,000 may be used by the President to facilitate the migration t to the other American Republics of persons resident in that portion of the Ryukyu Island Archipelago under United States control. (c) There is hereby authorized to be appropriated for the fiscal year 1956 not to exceed $1,400,000 for contributions to the United Nations Refugee Fund. (d) 4 There is hereby authorized to be appropriated to the President for the fiscal year 1956 not to exceed $6,000,000 for continuation of activities, including care, training, and resettlement, which have been undertaken for selected escapees under section 401 of this Act. Sec. 406. CHILDREN'S WELFARE.-(a) There is hereby authorized appropriated not to exceed $13,500,000 for contributions during year 1955 to the United Nations Children's Fund.5 B e S e 1 1 ? to be the fiscal í i I Hemisphere. \ The heading, which formerly read "Movement of Migrants and Refugees," was changed by sec. 8 (d) (1) of the Mutual Security Act of 1955. Mutual Security Appropriation Act, 1956—"Provided, That no funds appro- priated in this Act shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based a reasonable standards to insure against Communist infiltration in the Western This subsection was revised by sec. 8 (d) (2) of the Mutual Security Act of 1955. It formerly read as follows: "There is hereby authorized to be appropriated for the fiscal year 1955 not to exceed $500,000 for contributions to the U.N. Refugee Emergency Fund.'' This subsection was added by sec, 8 (d) (3) of the Mutual Security Act of Subsection designation “(a)" and subsection (b) in its entirety were added by sec, 8 (e) of the Mutual Security Act of 1955. 41590057-Vol. 293 1955. 3122 AMERICAN FOREIGN POLICY, 1950–1955 ei W AY re 1 Subsection designation “(a)" was added by sec. 8 (f) of the Mutual Security (b) There is hereby authorized to be appropriated for the fiscal year 1956 not to exceed $14,500,000 for contributions to the United Nations T Children's Fund. SEC. 407. PALESTINE REFUGEES IN THE NEAR EAST.-(a)There is hereby authorized to be appropriated to the President for the fiscal year 1955, not to exceed $30,000,000, to be used to make contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. In addition, the unexpended balance of the appro- -re priation made for the Palestine refugee program in the Mutual Secur- ity Appropriation Act, 1954,2 is hereby authorized to be continued pe available for the purpose of this section through June 30, 1955 . Whenever the President shall determine that it would more effectively contribute to the relief, rehabilitation, and resettlement of Palestine refugees in the Near East, he may expend any part of the funds made available pursuant to this section through any other agency he may ! t designate. (b) 3 There is hereby authorized to be appropriated to the President th for the fiscal year 1956 not to exceed $65,000,000 to be used to make contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. SEC. 408. NORTH ATLANTIC TREATY ORGANIZATION.-(a) In order to provide for United States participation in the North Atlantic Treaty Organization, there is hereby authorized to be appropriated se for the fiscal year 1955 not to exceed $3,200,000 for payment by the United States of its share of the expenses of the Organization, and thereafter such amounts as may be necessary from time to time for the payment by the United States of its share of the expenses of the Organization and all necessary salaries and expenses of the United States permanent representative to the Organization, of such persons as may be appointed to represent the United States in the subsidiary fo bodies of the Organization or in any multilateral organization which ch participates in achieving the aims of the North Atlantic Treaty, and of their appropriate staffs, and the expenses of participation in meet al ings of such organizations, including salaries, expenses, and allowances fu of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S. C. 801), and allowances and expenses as provided in section 6 of the Act of July 30, 1946 (22 U. S. C. 2877 (b) The United States permanent representative to the North Atlantic Treaty Organization shall be appointed by the President de for and with the advice and consent of the Senate and shall hold office at the pleasure of the President. Such representative shall have the rank and status of ambassador extraordinary and plenipotentiary shall be a chief of mission, class 1, within the meaning of the Foreign Service Act of 1946, as amended (22 U.S. C. 801). Act of 1955. 3 This subsection was added by sec. 8 (f) of the Mutual Security Act of 1956. 拉​mw訊​如​.u死​的 ​TE se m. 3.95 1 19. 2 19 ma on av SUT 3 FOREIGN AID 3123 ar re ns 0- T- ne COD (c) Persons detailed to the international staff of the North Atlantic Tng Treaty Organization in accordance with section 529 of this Act who are appointed as Foreign Service Reserve officers may serve for periods of more than four years notwithstanding the limitation in section 522 of al the Foreign Service Act of 1946, as amended (22 U.S. C. 922). Sec. 409. OCEAN FREIGHT CHARGES.-(a) In order to further the es efficient use of United States voluntary contributions for relief and rehabilitation in nations and areas eligible for assistance under this Act , the President may pay ocean freight charges from United States ed ports to designated ports of entry of such nations and areas on ship- 55. ments by United States voluntary nonprofit relief agencies registered Ay with and approved by the Advisory Committee on Voluntary Foreign Aid and shipments by the American Red Cross. de (b) Where practicable the President shall make arrangements with By the receiving nation for free entry of such shipments and for the making available by that nation of local currencies for the purpose of defraying at the transportation cost of such shipments from the port of entry of the ke receiving nation to the designated shipping point of the consignee. (c) There is hereby authorized to be appropriated to the President for the fiscal year 1955 not to exceed $4,400,000 to carry out the In purposes of this section; and, in addition, unexpended balances of sic appropriations heretofore made pursuant to section 535 of the Mutual Security Act of 1951, as amended, are authorized to be continued avail- he able for the purposes of this section through June 30, 1955, and to be nd consolidated with the appropriation authorized in this section. There is hereby authorized to be appropriated to the President for the fiscal he year 1956 not to exceed $2,000,000 to carry out the purposes of this (d) 2 There is hereby authorized to be appropriated to the President for the fiscal year 1956 not to exceed $13,000,000 to pay ocean freight charges on shipments of surplus agricultural commodities, including nd commodities made available pursuant to any Act for the disposal et abroad of United States agricultural surpluses. In addition, any funds made available under this Act may be used, in amounts deter- et mined by the President, for the purposes of this subsection. Sec. 410. CONTROL ACT EXPENSES.—There is hereby authorized to be appropriated to the President for the fiscal year 1955 not to exceed $1,300,000, and for the fiscal year 1956 not to exceed $1,175,000, by for carrying out the objectives of the Mutual Defense Assistance Control Act of 1951 (22 U. S. C. 1611). In addition, in accordance be with section 303 of that Act, funds made available for carrying out ed for ed section. " IS .ch jes act As Ice ad 1955. This last sentence was added by sec. 8 (g) (1) of the Mutual Security Act of This subsection was revised by sec. 8 (g) (2) of the Mutual Security Act of 1955. It formerly read: "In addition, any funds made available under this Act may be used, in amounts determined by the President, to pay ocean freight charges on shipments of surplus agricultural commodities, including commodities made available pursuant to any Act for the disposal abroad of United States agricultural * [For text of Mutual Defense Assistance Control Act of 1951, see supra.] surpluses. 3124 AMERICAN FOREIGN POLICY, 1950–1955 AI en pe t 8 ta CI OT PC SU pr ne OD carrying out such programs), and exchange of ideas and technical (b) In order to encourage and facilitate participation by pripele (1) shall make arrangements to find and draw the attention o private enterprise to opportunities for investment and development (2) shall accelerate a program of negotiating treaties for commere 1 The words "and for the fiscal year 1956 not to exceed $1,175,000" shid appear in the first sentence of this section following the figure "$1,300,000" / chapter 1 of title I of this Act shall be available for carrying out the purpose of this section in such amounts as the President may direct! SEC. 411.? ADMINISTRATIVE AND OTHER EXPENSE. (a) When ever possible, the expenses of administration of this Act shall be paid for in the currency of the nation where the expense is incurred. U SEC. 412. CHINESE AND KOREAN STUDENTS.-Funds heretofore allocated to the Secretary of State pursuant to the last proviso di section 202 of the China Area Aid Act of 1950 (22 U. S. C. 1547) shal continue to be available until expended, under such regulations a the Secretary of State may prescribe, using private agencies to the maximum extent practicable, for necessary expenses of tuition, sub- sistence, transportation, and emergency medical care for selected citizens of China and of Korea for studying or teaching in accredite colleges, universities, or other educational institutions in the United States approved by the Secretary of State for the purpose, or for research and related academic and technical activities in the Unitel States, and such selected citizens of China who have been admitted for the purpose of study in the United States shall be granted per mission to accept employment upon application filed with the Com- missioner of Immigration and Naturalization pursuant to regulations promulgated by the Attorney General. Sec. 413. ENCOURAGEMENT OF FREE ENTERPRISE AND PRIVATE PARTICIPATION.-(a) The Congress recognizes the vital role of fres enterprise in achieving rising levels of production and standards of living essential to the economic progress and defensive strength of the free world. Accordingly, it is declared to be the policy of the United States to encourage the efforts of other free nations to increas the flow of international trade, to foster private initiative and com petition, to discourage monopolistic practices, to improve the teda nical efficiency of their industry, agriculture and commerce, and so strengthen free labor unions; and to encourage the contribution al United States enterprise toward economic strength of other frem nations, through private trade and investment abroad, private per ticipation in the programs carried out under this Act (including use of private trade channels to the maximum extent practicable information on the matters covered by this section. enterprise to the maximum extent practicable in achieving any the purposes of this Act, the President- in other free nations; ol were added by sec. 8 (h) of the Mutual Security Act of 1955. 2 The heading formerly read “Administrative Expenses” and was change " sec. 8 (i) (1) of the Mutual Security Act of 1955. FOREIGN AID 3125 ) itedThat per- om TATE Is of ho the the and trade, including tax treaties, which shall include provisions to est encourage and facilitate the flow of private investment to nations zen participating in programs under this Act; be (3) shall, consistent with the security and best interests of the red United States, seek compliance by other countries or a dependent area of any country with all treaties for commerce and trade and taxes and shall take all reasonable measures under this Act or other authority to secure compliance therewith and to assist United States citizens in obtaining just compensation for losses sustained by them hal or payments exacted from them as a result of measures taken or im- 3.8 posed by any country or dependent area thereof in violation of any the | such treaty; and sube (4) may make, until June 30, 1957, under rules and regulations cted prescribed by him, guaranties to any person of investments in con- ited nection with projects, including expansion, modernization, or devel- ited opment of existing enterprises, in any nation with which the United States has agreed to institute the guaranty program: Provided, tted (A) such projects shall be approved by the President as fur- thering any of the purposes of this Act, and by the nation concerned; (B) the guaranty to any person shall be limited to assuring any or all of the following: (i) the transfer into United States dollars of other curren- fret cies, or credits in such currencies, received by such person as earnings or profits from the approved project, as repayment or return of the investment therein, in whole or in part, or as compensation for the sale or disposition of all or any part thereof; (i) the compensation in United States dollars for loss of all or any part of the investment in the approved project which shall be found by the President to have been lost to such person by reason of expropriation or confiscation by action of the government of a foreign nation; (C) when any payment is made to any person pursuant to a guaranty as hereinbefore described, the currency, credits, assets, or investment on account of which such payment is made shall become the property of the United States Government, and the United States Government shall be subrogated to any right, title, claim or cause of action existing in connection therewith; (D) the guaranty to any person shall not exceed the amount of dollars invested in the project by such person with the approval of the President plus actual earnings or profits on said project to the extent provided by such guaranty, and shall be limited to a term not exceeding twenty years from the date of issuance; (E) a fee shall be charged in an amount not exceeding 1 per centum per annum of the amount of each guaranty under clause (i) of subparagraph (B), and not exceeding 4 per centum of the amount of each guaranty under clause (ii) of such subparagraph, and all fees collected hereunder shall be available for expenditure east ech a to no ol free par the e nice! pale rol 2 oll ell erot 她 ​hi IN" ille 3126 AMERICAN FOREIGN POLICY, 1950–1955 t 0 9 SE e t S Sec. 414. MUNITIONS CONTROL.“(a) The President is authorized to control, in furtherance of world peace and the security and foreign tion, and implements of war, including technical data relating thereto, other than by a United States Government agency. The President (b) As prescribed in regulations issued under this section, every person who engages in the business of manufacturing, exporting, a importing any arms, ammunition, or implements of war, including in discharge of liabilities under guaranties made under this sec- tion until such time as all such liabilities have been discharged ors have expired, or until all such fees have been expended in accord . ance with the provisions of this section; I (F) the President is authorized to issue guaranties up to a total of $200,000,000: Provided, That any funds allocated to a guaranty and remaining after all liability of the United States assumed in connection therewith has been released, discharged, or otherwise terminated, shall be available for allocation to other t guaranties, the foregoing limitation notwithstanding. Any payments made to discharge liabilities under guaranties issued under this subsection shall be paid out of fees collected under subparagraph (E) as long as such fees are available, and there- after shall be paid out of funds realized from the sale of notes which have been issued under authority of paragraph 111 (c)(2) of the Economic Cooperation Act of 1948, as amended, when necessary to discharge liabilities under any such guaranty: (G) the guaranty program authorized by this paragraph shall be used to the maximum practicable extent and shall be admin istered under broad criteria so as to facilitate and increase the participation of private enterprise in achieving any of the pur- fo poses of this Act; b (H) as used in this paragraph- (i) the term "person” means a citizen of the United States or any corporation, partnership, or other association created under the law of the United States or of any State or Territory th and substantially beneficially owned by citizens of the United States, and i (ii) the term "investment” includes any contribution of b capital goods, materials, equipment, services, patents, proc- esses, or techniques by any person in the form of (1) a loan of loans to an approved project, (2) the purchase of a share of ownership in any such project, (3) participation in royalties , earnings, or profits of any such project, and (4) the furnishing of capital goods items and related services pursuant to a com tract providing for payment in whole or in part after the end of the fiscal year in which the guaranty of such investment is made. policy of the United States, the export and import of arms, t] arms, ammunition, and implements of war, including technical dad relating thereto, for the purposes of this section. b ac W e 1 M ei 8. Q's 1 1 [See also the Mutual Defense Assistance Control Act of 1951, supra.) FOREIGN AID 3127 9. tes ler Te- ces eu 11- bition ! through assisting the peoples of free Asia in their efforts to attain e technical data relating thereto, designated by the President under sub- or section (a) shall register with the United States Government agency de charged with the administration of this section and in addition, shall pay a registration fee which shall be prescribed by such regulations. ER! (c) Any person who willfully violates any provision of this section or any rule or regulation issued under this section, or who willfully, in å registration or license application, makes any untrue statement of a de material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $25,000 or imprisoned ed not more than two years, or both. ler SEC. 415. ASSISTANCE TO INTERNATIONAL ORGANIZATION.-When- ever it will assist in achieving purposes declared in this Act, the Presi- dent is authorized to use funds available under sections 131 and 403 2) in order to furnish assistance, including by transfer of funds, directly to the North Atlantic Treaty Organization, for a strategic stockpile of foodstuffs and other supplies, or for other purposes. al Sec. 416. FACILITATION AND ENCOURAGEMENT OF TRAVEL.--The in- President, through such officer or commission as he may designate, he shall facilitate and encourage, without cost to the United States except for administration expenses, the promotion and development of travel by citizens of the United States to and within countries receiving assistance under this Act and travel by citizens of such countries to the or United States. ed SEC. 417. IRISH COUNTERPART.Pursuant to section 115 (b) (6) of -9 the Economic Cooperation Act of 1948, as amended, the disposition within Ireland of the unencumbered balance, in the amount of approx- imately 6,000,000 Irish pounds, of the special account of Irish funds of established under article IV of the Economic Cooperation Agreement De between the United States of America and Ireland, dated June 28, or) 1948, for the purposes of - od (1) scholarship exchange between the United States and Ire- es ng (2) other programs and projects (including the establishment of I an Agricultural Institute) to improve and develop the agricultural of production and marketing potential of Ireland and to increase the is production and efficiency of Irish industry; and (3) development programs and projects in aid of the foregoing ed objectives, is hereby approved, as provided in the agreement between the Government of the United States of America and the Government of Ireland, dated June 17, 1954. SEC. 418. PRESIDENT'S FUND FOR ASIAN ECONOMIC DEVELOP- ent MENT:-(a) The Congress of the United States reaffirms the policy of the United States to contribute to international peace and security economic and social well-being, to safeguard basic rights and liberties, I and to protect their security and independence. The Congress here- by recognizes that fundamental to these goals is an expanding eco- 106) nomic growth of the free Asia area based upon self-help and mutual cooperation and full utilization of already existing resources and land; Soad ton AS 15 01 3128 AMERICAN FOREIGN POLICY, 1950–1955 exceed 10 per centum of the funds made available pursuant to any provision of this Act may be transferred to and consolidated with thi 1 The introductory paragraph of sec. 3 reads as follows: "There are authorized to be appropriated to the Department of State for contribution to the working capital fund of the organization the sum of $560,000 and as annual appropriation knowledge. The Congress expresses the willingness of the people of the United States to support the foregoing objectives to the extent to which the countries in the area continue to make effective use of their own resources and external resources otherwise available to them. (b) In order to carry out the purposes of this section, there is hereby authorized to be established a fund, to be known as the "President's Fund for Asian Economic Development" (hereinafter referred to as "the Fund”), and there is hereby authorized to be appropriated to the President for the Fund an amount of $200,000,000, such amount to remain available until June 30, 1958. (c) The President is authorized to utilize the appropriations made available for the Fund to accomplish in the free Asian area the policies and purposes declared in this Act and to disburse them on such terros and conditions, including transfer of funds, as he may specify to any person, corporation, or other body of persons however designated, or to any friendly foreign government, agency, or organization or group of friendly governments or agencies as may be appropriate: Provided , however, That such assistance shall emphasize loans rather than grants wherever possible, and not less than 50 per centum of the funds appropriated pursuant to this section shall be available only for furnishing assistance on terms of repayment in accordance with the provisions of section 505, and not more than 25 per centum of said funds may be allocated for assistance to any one nation. (d) In utilizing the Fund the President shall give preference to projects or programs that will clearly contribute to promoting greater economic strength in the area as a whole or among a group or groups of countries of the area. SEC. 419. WORLD HEALTH ORGANIZATION.—Section 3 (a) of Publie Law 643, Eightieth Congress, approved June 14, 1948, as amended, is hereby amended to read as follows: *(a) such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the Health Assembly in accordance with article 56 of the constitu- tion of the Organization, except that payments by the United States for any fiscal year of the Organization after 1958 shall not exceed 33% per centum of the total assessments of active members of the Organization for such fiscal year; and’.” TITLE V-MISCELLANEOUS PROVISIONS CHAPTER 1. GENERAL PROVISIONS Sec. 501. TRANSFERABILITY OF FUNDS. - Whenever the Presiden determines it to be necessary for the purposes of this Act, 20 eur following . 1 t I u ܙ ܛܝܪܝ. ܒܛ ܢ f 8 FOREIGN AID 3129 198 S + Hes ms 01 che funds made available pursuant to any other provisions of this Act, che and may be used for any of the purposes for which such funds may be to used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 20 per centum le of the amount made available for such provision pursuant to this Act. Funds transferred under this section to furnish military assistance under chapter 1 of title I may be expended without regard to the area t's limits imposed by section 105 (c). Of any funds transferred under this section for the purpose of furnishing assistance under section 201, che 30 per centum shall be available only for furnishing assistance on to terms of repayment in accordance with section 505. SEC. 502. USE OF FOREIGN CURRENCY..(a) Notwithstanding sec- de tion 1415 of the Supplemental Appropriation Act, 1953, or any other provision of law, proceeds of sales made under section 550 of the Mutual Security Act of 1951, as amended, shall remain available and ny shall be used for any purposes of this Act, giving particular regard to the following purposes (1) for providing military assistance to nations or mutual de- fense organizations eligible to receive assistance under this Act; ats (2) for purchase of goods or services in friendly nations; ds (3) for loans, under applicable provisions of this Act, to increase for production of goods or services, including strategic materials, id needed in any nation with which an agreement was negotiated, or in other friendly nations, with the authority to use currencies received in repayment for the purposes stated in this section or to for deposit to the general account of the Treasury of the United IPS (4) for developing new markets on a mutually beneficial basis; lic (5) for grants-in-aid to increase production for domestic needs ed in friendly countries; and (6) for purchasing materials for United States stockpiles. ed ed Sec. 503. TERMINATION OF AssistANCE.—(a) If the President de- BU termines that the furnishing of assistance to any nation under any tes provision of this Act- (1) is no longer consistent with the national interest or security che or the foreign policy of the United States; or (2) would no longer contribute effectively to the purposes for which such assistance is furnished; or (3) is no longer consistent with the obligations and responsi- bilities of the United States under the Charter of the United Nations, he shall terminate all or part of any assistance furnished pursuant to to this Act. If the President determines that any nation which is receiv- 09 ing assistance under chapter 1 of title I of this Act is not making its he full contribution to its own defense or to the defense of the area of which it is a part, he shall terminate all or part of such assistance. Assistance to any nation under any provision of this Act may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this Act shall remain avail- ter States; hed nt red ing 328 I (i) funds which have been obligated on or before that date shall remain available to which funds have been obligated on or before such date for procurement for, shipment to, or delivery in a recipient country may be transferred to such country, ties essential to such transfer and (B) for the necessary expenses of liquidating 2 SEC. 101 (d) of Ex, Or. 10575 [infra, doc. 18), as amended, established the Office of Small Business in the Foreign Operations Administration. It was sub sequently transferred to the State Department by sec. 102 (d) of Ex. Or. 10610 (infra, doc. 19) and was made a part of, or attached to the International Coopers tion Administration by sec. 1 of Department of State Delegation of Authority & 3 The words "and sales" in the heading were added by sec. 9 (c) (1) of the 3130 AMERICAN FOREIGN POLICY, 1950–1955 able for twelve months from the date of termination under this sub . section for the necessary expenses of liquidating assistance programs, (b) Unless sooner abolished under section 525, the Foreign Opera- tions Administration shall cease to exist at the close of June 30, 1953. I SEC. 504. SMALL BUSINESS.—(a) Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this Act, the President shall assist American small business to par- ticipate equitably in the furnishing of commodities and services financed with funds authorized under titles II, III, and IV, and chap- ters 2 and 3 of title I, of this Act- (1) by causing to be made available to suppliers in the United States and particularly to small independent enterprises, infor- mation, as far in advance as possible, with respect to purchases proposed to be financed with such funds, (2) by causing to be made available to prospective purchasers in the nations receiving assistance under this Act information & to commodities and services produced by small independent enterprises in the United States, and (3) by providing for additional services to give small business better opportunities to participate in the furnishing of commodi- ties and services financed with such funds. (b) There shall be an Office of Small Business, headed by a Special Assistant for Small Business, in such United States Government agency as the President may direct, to assist in carrying out the provisions of subsection (a) of this section. (c) The Secretary of Defense shall assure that there is made avail able to suppliers in the United States, and particularly to small inde pendent enterprises, information with respect to purchases made by the Department of Defense pursuant to chapter 1 of title I, such infor- mation to be furnished as far in advance as possible. SEC. 505. LOAN ASSISTANCE AND SALES. --(a) Assistance under this Act may be furnished on a grant basis or on such terms, including 1 This subsection which appeared as subsection "e)” in the Mutual Security Act of 1954 was amended to read "(b)", and the former subsection "b)". repealed, by sec. 9 (b) of the Mutual Security Act of 1955. Former subsection ferred by this Act may be exercised for the purpose of carrying out any function authorized by title II; except that during the twelve months following such die for the necessary-expenses of procurement, Shipment , delivery, and other acting operations incident to such functions." as amended. i 1 Mutual Security Act of 1955. FOREIGN AID 3131 sub- cash, credit, or other terms of repayment (including repayment in 271. foreign currencies or by transfer to the United States of materials verk- required for stockpiling or other purposes) as may be determined to 953. be best suited to the achievement of the purposes of this Act and shall the emphasize loans rather than grants wherever possible. Whenever oses commodities or services are sold for foreign currencies the President, par notwithstanding section 1415 of the Supplemental Appropriation Act, rices 1953, or any other provision of law, may use or enter into arrangements hape with friendly nations or organizations of nations to use such currencies for the purposes for which the funds providing the commodities or ited services which generated the currencies were appropriated. for- 1 ases users lent 7ail . Sec. 506. PATENTS AND TECHNICAL INFORMATION. Sec. 507. AVAILABILITY OF FUNDS.-Except ... 18 Sec. 508. LIMITATION ON FUNDS FOR PROPAGANDA.--None of the Lent funds herein authorized to be appropriated nor any counterpart funds shall be used to pay for personal services or printing, or for other ex- mes penses of the dissemination within the United States of general odi propaganda in support of the mutual security program, or to pay the travel or other expenses outside the United States of any citizen or cial group of citizens of the United States for the purpose of publicizing such program within the United States. the SEC. 509. SHIPPING ON UNITED STATES VESSELS.Such steps as may be necessary shall be taken to assure, as far as practicable, that at least 50 per centum of the gross tonnage of commodities, materials ode and equipment procured out of funds made available under sections by 103, 123, 131, 132 (a), 201, 304, and 403 of this Act and transported to for or from the United States on ocean vessels, computed separately for dry bulk carriers, dry cargo liner and tanker services and computed nde separately for section 103, and for sections 123, 131, 132 (a), 201, 304, ding and 403 (taken together) is so transported on United States flag com- mercial vessels to the extent such vessels are available at market rates urity for United States flag commercial vessels provided such rates are fair and reasonable; and, in the administration of this provision, steps shall be taken, insofar as practicable and consistent with the purposes of this Act, to secure a fair and reasonable participation by United States flag commercial vessels in cargoes by geographic area. The ocean transportation between foreign countries of commodities, mate- rials , and equipment procured out of local currency funds made availa- ble or derived from funds made available under this Act shall not be 4 governed by the provisions of section 901 (b) of the Merchant Marine Act of 1936, or any other law relating to the ocean transportation of commodities, materials, and equipment on United States flag vessels.3 Sec. 510. PURCHASE OF COMMODITIES.-No funds made available TAS ction COB- ction data lable pect E for atry tiria ating the sub 0610 1 enester 181 The words in the first sentence commencing with "and shall emphasize loans," and the second sentence, were added by sec. 9 (c) of the Mutual Security Act of * See also 1954 amendment to the Merchant Marine Act of 1936 (PL 664, 83d Cong. ; 68 Stat. 832). * This sentence was added by sec. 9 (d) of the Mutual Security Act of 1955. the 3132 AMERICAN FOREIGN POLICY, 1950–1955 (2) for such other disposition as the President shall deem to be in the or whenever such retention is called for by concurrent resolution provisions of law relating to the disposal of Government-owned any such disposal or transfer shall revert to the respective appropria curement of such equipment, materials, or commodities or to approp (c) The President shall make appropriate arrangements with each nation receiving equipment or materials under chapter 1 of title 1 (other than equipment or materials sold under the provisions of section 106) for the return to the United States (1) for salvage or scrap, interest of mutual security, of any such equipment or materials which under title II or chapter 3 of title I of this Act shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase adjusted for differences in the cost of transportation to destination, quality , and terms of payment. A bulk purchase within the meaning of this section does not include the purchase of raw cotton in bales. Funds made available under title II or chapter 3 of title I of this Act may be used for the procurement of commodities outside the United States unless the President determines that such procurement will result in adverse effects upon the economy of the United States, with special reference to any areas of labor surplus, or upon the industrial mobiliza- tion base, which outweigh the economic advantages to the United States of less costly procurement abroad. In providing for the pro- curement of any surplus agricultural commodity for transfer by grant under this Act to any recipient nation in accordance with the require ments of such nation, the President shall , insofar as practicable and where in furtherance of the purposes of this Act, authorize the pre- curement of such surplus agricultural commodity only within the United States except to the extent that any such surplus agricultura commodity is not available in the United States in sufficient quantities to supply the requirements of the nations receiving assistance under this Act. SEC. 511. RETENTION AND RETURN OF EQUIPMENT.-(a) No equip . ment or materials may be transferred under title I out of military stocks if the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such transfer would be detrimental to the national security of the United States, or that such equipment at materials are needed by the reserve components of the Armed Forces to meet their training requirements. (b) Any equipment, materials, or commodities procured to cart out this Act shall be retained by, or, upon reimbursement, transfer to and for the use of, such United States Government agency President may determine in lieu of being disposed of to a nation or international organization whenever in the judgment of the President the best interests of the United States will be served thereb Any commodities so retained may be disposed of without regard is property, when necessary to prevent spoilage or wastage of such com modities or to conserve the usefulness thereof. Funds realized from tion or appropriations out of which funds were expended for the pro ations currently available for such procurement. + : t as the foreign 0 8 21 U) fu . St t OL an as th FOREIGN AID 3133 124- ON- Tire the are no longer required for the purposes for which originally made ket available. ted Sec. 512. PENAL PROVISION. SEC. 513. NOTICE TO LEGISLATIVE COMMITTEES.--When any trans- fer is made under section 105 (d) or section 501, or any other action nde is taken under this Act which will result in furnishing assistance of be & kind, for a purpose, or to an area, substantially different from that included in the presentation to the Congress during its consideration tin of this Act, or which will result in expenditures greater by 50 per Cia ! centum or more than the proposed expenditures included in such pres- entation for the program concerned, the President or such officer as tead he may designate shall promptly notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the SA House of Representatives and, when military assistance is involved, the Committees on Armed Services of the Senate and House of Repre- and sentatives, stating the justification for such change. Notice shall Per also be given to the Committee on Foreign Relations of the Senate this and the Committee on Foreign Affairs of the House of Representatives rural of any determination under the first sentence of section 401 (except ities with respect to unvouchered funds), and copies of any certification nder as to loyalty under section 531 shall be filed with such committees. SEC. 514. INTERNATIONAL EDUCATIONAL EXCHANGE ACTIVITIES.- Foreign currencies or credits owed to or owned by the United States, where arising from this Act or otherwise, shall, upon a request from the Secretary of State certifying that such funds are required for the pur- o the pose of international educational exchange activities under programs It or authorized by section 32 (b) (2) of the Surplus Property Act of 1944, JCB as amended, be reserved by the Secretary of the Treasury for sale to the Department of State for such activities on the basis of the dollar AIT value at the time of the reservation. CHAPTER 2. ORGANIZATION AND ADMINISTRATION ! the Sec. 521. DELEGATION OF AUTHORITY BY THE PRESIDENT.-(a) eby Except as provided in subsection (b), the President may exercise any . power or authority conferred on him by this Act through such agency d to or officer of the United States as he shall direct, and the head of such agency or such officer may from time to time promulgate such rules and regulations as may be necessary and proper to carry out functions under this Act and may delegate authority to perform any of such functions to his subordinates acting under his direction. 2 (b) After June 30, 1955, the President shall exercise the powers con- upon bim under title III of this Act through the Secretary of ocks hiefs the eign 酬​测​做​哪​做​娜娜​的​侧​娜伽​础​侧​则 ​med ferred State. Pach le ! tion 150 U.S.C., app. 1641. See Ex. Or. 10575, as amended [infra, doc. 18), Ex. Or. 10610 [infra, doc 19]; and State Department Delegation of Authority 85, as amended (20 Fed. Reg. 4825, as amended by 20 Fed. Reg. 7950). See Ex. Or. 10610 (infra, doc. 19] and State Department Delegation of Au- thority 85, as amended. nich 3134 AMERICAN FOREIGN POLICY, 1950–1955 1 ance. That such authority conferred by this sentence shall be exercised in 1 See Part II of Ex. Or, 10575 [infra, doc. 18), as amended (20 Fed. Keg, 5577) 4 See Ex. Or. 10575, as amended, the Presidential letter of Nov. 6, 1954 Secretary of State, Ex. Or. 10610, and State Department Delegation of Authorit | accompanying Ex. Or. 10610, the Presidential letter of Apr. 15, 1955, to the ☆ The material in parentheses was added by sec. 10 (b) of the Mutual Security SEC. 522. ALLOCATION AND REIMBURSEMENT AMONG AGENCIES.- Sec. 523. COORDINATION WITH FOREIGN POLICY.--(a) Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State. (b) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. SEC. 524. THE SECRETARY OF DEFENSE.-(a) In the case of aid under chapter 1 of title I of this Act, the Secretary of Defense shall have primary responsibility for- (1) the determination of military end-item requirements; (2) the procurement of military equipment in a manner which permits its integration with service programs; (3) the supervision of end-item use by the recipient countries, (4) the supervision of the training of foreign military personne (5) the movement and delivery of military end-items; and (6) within the Department of Defense, the performance of an other functions with respect to the furnishing of military assist (b) The establishment of priorities in the procurement, delivery and allocation of military equipment shall be determined by the Secretary of Defense. The determination of the value of the program for any country under chapter 1 of title I shall be made by the President.3 SEC. 525. FOREIGN OPERATIONS ADMINISTRATION.-Excepts modified pursuant to this section or section 521, the Director of the Foreign Operations Administration (referred to in this chapter as the "Director) shall continue to perform the functions vested in him on the effective date of this Act, * except insofar as such functions relate i continuous supervision and general direction of programs of militar assistance. The President may transfer to any agency or officer of the United States, and may modify or abolish, any function, office, a entity of the Foreign Operations Administration (including any fum tion, office or entity thereof transferred to any other agency) k or at officer or employee thereof, and may transfer such personnel, properti records, and funds as may be necessary incident thereto: Provide of Security 3 See sec. 3a. (Sthy of State Department Delegation of Authority No. & amended. Act of 1955. FOREIGN AID 3135 8.- 1 ning SON sure Lent ates accordance with applicable laws and regulations relating to the Civil Service and Veterans' Preference. SEC. 526. MISSIONS AND STAFFS ABROAD.—The President may maintain special missions or staffs abroad in such nations and for such periods of time as may be necessary to carry out this Act. Each such special mission or staff shall be under the direction of a chief. The chief and his deputy shall be appointed by the President and may, notwithstanding any other law, be removed by the President at his discretion. . SEC. 527. EMPLOYMENT OF PERSONNEL. (a) Any United States Government agency performing functions under this Act is authorized to employ such personnel as the President deems necessary to carry out the provisions and purposes of this Act. aid shall hicb es; nnel : and SOT Sist- SEC. 528. DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS.2- (a) Whenever the President determines it to be consistent with and in furtherance of the purposes of this Act, the head of any United States Government agency is authorized to detail or assign any officer or employee of his agency to any office or position to which no com- pensation is attached with any foreign government or foreign govern- ment agency: Provided, That such acceptance of office shall in no case involve the taking of an oath of allegiance to another government. Ters, the gram the SEC. 529. DETAIL OF PERSONNEL TO INTERNATIONAL ORGANIZA- f the AND OR TIONS. Sec. 530. EXPERTS CONSULTANTS ORGANIZATIONS THEREOF.— Sec. 531. SECURITY CLEARANCE. SEC. 532. EXEMPTION OF PERSONNEL FROM CERTAIN FEDERAL S the m 01 ite to Laws. itars of the OI 7 815 vided Sec. 533. WAIVERS OF CERTAIN FEDERAL LAWS.--- Sec. 534. REPORTS.-The President, from time to time while funds Pucer appropriated for the purpose of this Act continue to be available for obligation, shall transmit to the Congress reports covering each six months of operations, in furtherance of the purposes of this Act, except verti , information the disclosure of which he deems incompatible with the security of the United States. Reports provided for under this section shall be transmitted to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, if the Senate or the House of Representatives, as the case may be, is not in session. Such reports shall include detailed information on the implementation of sections 504, 413 (b), and 418 3 of this Act. edin 5571) 106) to the thority The proviso was added by sec. 10 (b) of the Mutual Security Act of 1955. 2 See also secs. 301-303 of the U.S. Information and Educational Exchange Act of 1948 (Smith-Mundt Act), 62 Stat. 6; 22 U.S.C. § 1431 (also, A Decade of American Foreign Policy, pp. 1224–1234). The words and 418', were added by sec. 10 (e) of the Mutual Security Act pourity of 1955. 3136 AMERICAN FOREIGN POLICY, 1950–1955 (5) the Mutual Defense Assistance Act of 1949, as amended (6) the Foreign Economic Assistance Act of 1950, as amended 13 22 U. S. C. $ 1556 note. SEC. 535. COOPERATION WITH INTERNATIONAL ORGANIZATIONS.— (a) The President is authorized to request the cooperation of or the use of the services and facilities of the United Nations, its organs and specialized agencies, or other international organizations, in carrying out the purposes of this Act, and may make payments by advance ments or reimbursements, for such purposes, out of funds made available for the purposes of this Act, as may be necessary therefor , to the extent that special compensation is usually required for such services and facilities: Provided, That nothing in this section shall be construed to authorize the delegation to any international or foreign organization or agency of authority to decide the method of furnishing assistance under this Act to any country or the amount thereof. SEC. 536. JOINT COMMISSION ON RURAL RECONSTRUCTION IN CHINA.—The President is authorized to continue to participate in the Joint Commission on Rural Reconstruction in China and to appoint citizens of the United States to the Commission. CHAPTER 3. REPEAL AND MISCELLANEOUS PROVISIONS SEC. 541. EFFECTIVE DATE.—This Act shall take effect on the date of its enactment. Sec. 542. STATUTES REPEALED.-(a) There are hereby repealed- (1) an Act to provide for assistance to Greece and Turkey, approved May 22, 1947, as amended; (2) the joint resolution to provide for relief assistance to the people of countries devastated by war, approved May 31, 1947 as amended: 2 (3) the Foreign Aid Act of 1947; 3 (4) the Foreign Assistance Act of 1948, as amended; * including the Economic Cooperation Act of 1948, as amended, the Inter national Children's Emergency Fund Assistance Act of 1948, 4 amended, the Greek-Turkish Assistance Act of 1948," and the China Aid Act of 1948, as amended;8 including the Economic Cooperation Act of 1950," the Chairs Area Aid Act of 1950, as amended, 12 the United Nations Palestina Refugee Aid Act of 1950,13 and the Act for International Develop ment, as amended; (7) the Far Eastern Economic Assistance Act of 1950 , * amended: 15 (8) thé Yugoslav Emergency Relief Assistance Act of 1950;" 1 22 U. S, C. § 1401 note. 9 22 U. S. C. $ 1571 note. 2 22 U. S. C. § 1411-1417. 10 22 U. S. C. $ 1501 note. 3 22 U. S. C. $ 1411 note. 11 22 U. S. C. $ 1501 note. 4 22 U. S. C. $ 1503 note, 12 22 U. S. C. & 1547 note. 5 22 U. S. C. $ 1501 note. 6 22 U. S. C. $ 1531 note, 14 22 U. S. C. $ 1557 note. 7 22 U. S. C. § 1409 note. 15 22 U. S. C. $ 1551 note. 8 22 U. S. C. § 1541 note. 16 22 U. S. C. $ 1558. 1 } 1,1 ;' ," { 0 14 FOREIGN AID 3137 1 - 1 2 le ch go (9) the Mutual Security Act of 1951, as amended; he (10) the Mutual Security Act of 1952; od (11) the Mutual Security Act of 1953; ng (12) section 12 of the joint resolution of Congress approved November 4, 1939 (54 Stat. 10; 22 U.S. C. 452); de (13) section 4 of the Act of March 3, 1925 (50 Stat. 887; 50 to U.S. C. 165); and (14) section 968 of title 18, United States Code. be (b) References in other Acts to the Acts listed in subsection (a) shall hereafter be considered to be references to the appropriate ng provisions of this Act. (c) The repeal of the Acts listed in subsection (a) shall not be deemed to affect amendments contained in such Acts to acts not named in subsection (a). IN SEC. 543. SAVING PROVISIONS. che SEC. 544. AMENDMENTS TO OTHER LAWS.--(a) Title X of the ant United States Information and Educational Exchange Act of 1948, as amended (22 U.S. C. 1431), is amended by adding the following new section: "INFORMATIONAL MEDIA GUARANTIES ate "SEC. 1011. The Director of the United States Information Agency may make guaranties, in accordance with the provisions 1- of subsection (b) of section 413 of the Mutual Security Act of cey 1954, of investments in enterprises producing or distributing informational media consistent with the national interests of the the United States against funds heretofore made available by notes 47, issued to the Secretary of the Treasury pursuant to section 111 (c) (2) of the Economic Cooperation Act of 1948, as amended, for purposes of guaranties of investments: Provided, however, ing That the amount of such guaranties in any fiscal year shall be determined by the President but shall not exceed $10,000,000." (b) Section 1 of Public Law 283, Eighty-first Congress is repealed. the The Institute of Inter-American Affairs, created pursuant to Public Law 369, Eightieth Congress (22 U.S. Ć. 281), shall have succession until June 30, 1960, and may make contracts for periods not to exceed five years: Provided, Îbat any contract extending beyond June 30, 1960, shall be made subject to termination by the said Institute upon notice: And provided further, That the said Institute OP shall , on and after July 1, 1954, be subject to the applicable provi- sions of the Budget and Accounting Act, 1921, as amended (31 U. S. C. 1), in lieu of the provisions of the Government Corporation Control Act, as amended (31 U. S. C. 841). Sec. 545. DEFINITIONS.-For the purposes of this Act- (a) The term "commodity” includes any commodity, material, article, supply, or goods. (b) The term "surplus agricultural commodity" means any agri- cultural commodity or product thereof, class, kind, type, or other Der sus ing ine 85 122 U. S. C. $ 1651 note. * 22 U. S. C. § 1675i note. 415900--57-Vol. 294 3138 AMERICAN FOREIGN POLICY, 1950–1955 با 18 to in paragraph (3) of this subsection), the actual or the projected materials or an equivalent quantity of equipment or materials of the same general type but deemed to be more desirable for inclusion in the mobilization reserve than the equipment ar (3) with respect to any nonexcess equipment or materias 1951, 65 Stat. 4, 34 U. S. C. 493-a-1; for text of act of Aug. 5, 1953, authorizing 1 For limitations on the transfer of naval vessels, see the Act of March 14, specification thereof, produced in the United States either publicly or privately owned, which is in excess of domestic requirements , adequate carryover, and anticipated exports for dollars, as determined by the Secretary of Agriculture. (c) The terms "equipment" and "materials” shall mean any arms ammunition, or implements of war, or any other type of material , article, raw material, facility, tool, machine, supply or item that would further the purpose of chapter 1 of title I, or any component or part thereof, used or required for use in connection therewith , or required in or for the manufacture, production, processing, storage , transportation, repair, or rehabilitation of any equipment or materials , but shall not include merchant vessels.1 (d) The term "mobilization reserve," as used with respect to ang equipment or materials, means the quantity of such equipment materials determined by the Secretary of Defense under regulations prescribed by the President to be required to support mobilization of the Armed Forces of the United States in the event of war or national emergency until such time as adequate additional quantities of such equipment or materials can be procured. (e) The term "excess” as used with respect to any equipment of materials, means the quantity of such equipment or materials owned by the United States which is in excess of the mobilization reserve of such equipment or materials. (f) The term "services” shall include any service, repair , training of personnel, or technical or other assistance or information necessary to effectuate the purposes of this Act. (g) The term "Armed Forces of the United States” shall include any component of the Army of the United States, of the United States Navy, of the United States Marine Corps, of the Air Force of the United States, of the United States Coast Guard, and the Reserve components thereof. (h) The term "value" means- (1) with respect to any excess equipment or materials fur nished under Chapter 1 of title I the gross cost of repairing rehabilitating, or modifying such equipment or materials prior to being so furnished; (2) with respect to any nonexcess equipment of materiak furnished under chapter 1 of title I which are taken from the mobilization reserve other than equipment or materials referat the mobilization reserve an equal quantity of such equipment a materials furnished; 1 1 . FOREIGN AID 3139 ? 2 ) ܕ Į t to I 1 1 d $ } furnished under chapter 1 of title I which are taken from the mobilization reserve but with respect to which the Secretary of Defense has certified that it is not necessary fully to replace such equipment or materials in the mobilization reserve, the gross cost to the United States of such equipment and materials or its replacement cost, whichever the Secretary of Defense may specify; and (4) with respect to any equipment or materials furnished under chapter 1 of title I which are procured for the purpose of being so furnished, the gross cost to the United States of such equip- ment and materials. In determining the gross cost incurred by any agency in repairing, rehabilitating, or modifying any excess equipment furnished under chapter 1 of title I, all parts, accessories, or other materials used in the course of repair, rehabilitation, or modification shall be priced in ac- cordance with the current standard pricing policies of such agency. For the purpose of this subsection, the gross cost of any equipment or materials taken from the mobilization reserve means either the actual gross cost to the United States of that particular equipment or ma- terials or the estimated gross cost to the United States of that particular equipment or materials obtained by multiplying the number of units of such particular equipment or materials by the average gross cost of each unit of that equipment and materials owned by the furnishing agency. (i) 'The term "United States Government agency" means any department, agency, board, wholly or partly owned corporation, or instrumentality, commission, or establishment of the United States Government. SEC. 546. CONSTRUCTION.-(a) If any provisions of this Act or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and applica- bility of such provision to other circumstances or persons shall not be affected thereby (b) Nothing in this Act shall alter, amend, revoke, repeal, or other- wise affect the provisions of the Atomic Energy Act of 1946, as amended (42 U. S. C. 1801). (C) Nothing in this Act is intended nor shall it be construed as an expressed or implied commitment to provide any specific assistance, whether of funds, commodities, or services, to any nation or nations, or to any international organization. SEC. 547. REDUCTION OF AUTHORIZATIONS.—Notwithstanding the foregoing provisions of this Act, such provisions shall not be construed to authorize the appropriation for the fiscal year 1955, for the purposes of titles I, II, and IV of this Act, of amounts (exclusive of unexpended balances of prior appropriations authorized to be continued available under such provisions) aggregating in excess of $2,918,040,000. SEC. 548. UNEXPENDED BALANCES.--Unexpended balances of funds heretofore made available under authority of this Act are hereby authorized to be continued available for the general purposes for which appropriated, and may be consolidated with appropriations made available beginning in fiscal year 1956 for the same general d 2 - 3140 AMERICAN FOREIGN POLICY, 1950–1955 1 1 2 Technical Cooperation Programs Around the World, Foreign Operations Admin- istration, 1954, pp. 2-10. For further documentation on the subject of technical mation and Documents, 83d Cong., 2d sess., Committee on Foreign Relations assistance, see Development of Technical Assistance Programs: Background Infor President by the International Development Advisory Board (Rockefeller Report), purposes under the authority of this Act: Provided, however, That unexpended balances in excess of $200,000,000 not obligated by June 30, 1955, in accordance with the provisions of section 1311 of the Supplemental Appropriation Act, 1955 (Public Law 663, Eighty-third Congress), or reserved in accordance with the provisions of section 110 of the Mutual Security Appropriation Act, 1955 (Public Law 778, Eighty-third Congress), are not authorized to be continued available after such date. SEC. 549. (a) STATEMENT OF CONGRESSIONAL POLICY.—It is the sense of the Congress that inasmuch as- (1) the United States, through mutual security programs, has made 'substantial contributions to the economic recovery and rehabilitation of the nations of western Europe; (2) due in part to those programs, it has been possible for such nations to achieve complete economic recovery and to regain their military strength; and (3) certain other friendly nations of the world remain in need of assistance in order that they may defend themselves against aggression and contribute to the security of the free world, those nations that have been assisted in their recovery should, in the future, share with the United States to a greater extent the financial burden of providing aid to those countries which are still in need of assistance of the type provided under this Act. (b) It is the sense of the Congress that assistance under this Act shall be administered so as to assist other peoples in their efforts to achieve self-government or independence under circumstances which will enable them to assume an equal station among the free nations of the world and to fulfill their responsibilities for self-government of independence. 17. DEVELOPMENT OF THE TECHNICAL ASSISTANCE PROGRAM: Release of the Foreign Operations Administration , 1954 (Excerpt) ? It is important to the people of the United States that the less- developed areas share in the technical advances that will help them become strong partners in the free world. Our strength and wel. being are dependent in good measure on theirs. By helping these areas raise the standards of living of their people , we can move forward in an expanding world economy. . Print, Nov. 22, 1954; Technical Assistance and Related Problems, 1956, 84th Cong., 2d' sess., May 7, 1956; Partners in Progress: A Reporter GPO a 0 t 0 I a C 2 C V P e a t Rept. 8 FOREIGN AID 3141 it @ e d d @ ន 1 . 1 t 1 of et D As of September 1, 1954, the United States was working directly with 59 countries, upon their request, to help build the technical knowledge and skills of their peoples. Of these, 39 were independent nations, 19 were dependent overseas territories in Africa and the Carib- bean area, and one was a United Nations Trusteeship. The joint technical programs are designed to help other peoples develop ways to help themselves, to strengthen their economies, to make them more effective trading partners, and to contribute to the collective security of the free world. These 59 countries, representing more than 900 million people, have asked the United States to share with them the technical knowledge and skills that have played so great a part in our own development. All of these countries want to better themselves and the lives of their peoples. They want their farmers to learn how to grow more food; they want to overcome the ravages of disease; they want greater opportunity for their children. Many of these nations have gained their independence since World War II, and, strongly nationalistic, are anxious to maintain their independence and freedom. Their political leaders have promised to improve the lot of the people, and want to make that promise good. Failure to do so can breed unrest and strife, and adversely affect the interests of the U.S. By helping to strengthen the economies, security, and independ- ence of other free peoples, the United States enhances its own future. It helps build the mutual security of the free world. In the sharing of scientific findings and modern techniques, there is a two-way flow of benefits. The United States gains as well as the other countries. Mutual ties contribute both to peace and to progress. As the strength of these countries grows, they become better cus- tomers for the goods of the United States. To note one instance, Peru in the last decade has made marked advances in its agriculture. One outgrowth has been more buying of farm machinery from the U.S. In 1942 there were fewer than 500 tractors in the country; now there are more than 4,500. In 1943 Peruvian purchases of U.S. farm ma- chinery were $453,000; in 1953 they reached $5.6 million. World trade is vital to the free nations. The United States gets strategic and other necessary materials from Latin America, the Far East, and other areas. These areas in turn benefit from the sales of their goods to us. President Eisenhower last June advised the Congress that "our country's participation in technical cooperation programs must be vigorously advanced.” He described the programs as our most effec- tive counter-measure to Soviet propaganda and the best method by which to create the political and social stability essential to lasting peace.” Again in August the President advised them that "technical coop- eration has proved itself as a practical and productive concept and as the surest and most economical way, over the long term, to speed the advance toward an expanding world economy and a higher general standard of living." h 8 I E ! 3 1, 2 1 3142 AMERICAN FOREIGN POLICY, 1950–1955 à 8 € h C C F Where necessary, technical cooperation programs are supplemented by assistance to key projects essential to the economic development of a country. This type of help, known as development assistance, is generally provided when the country lacks the material or financial GROWTH OF FOA PROGRAMS Long before governmental programs in technical cooperation got under way, U.S. private organizations and institutions were sharing the benefits of technical knowledge with peoples abroad. Church groups, foundations, commercial firms, voluntary agencies, and others still carry on this work. But their projects, unlike those of FOA,' operate in limited areas. The scope of FOA action is much broader; FOA works with host gor- ernments in programs for the extension of nationwide governmental services-in agriculture, health, education and other fields-to all the people. FOA coordinates its programs with those of the voluntary agencies and encourages these agencies to increase their activity. Today's governmental programs of technical cooperation first took root in the Americas. They sprang from the fertile soil of inter- American agreements. A 1939 law authorized U.S. government agencies to carry out cooperative tasks based on these agreements, and an Interdepartmental Committee on Cooperation with American Republics was set up in May of that year. World War II speeded up the process. As emergency needs arose the Office of the Coordinator of Inter-American Affairs was established , It undertook programs largely to overcome the health hazards that stood in the way of obtaining essential materials, such as rubber and metals, and to meet the food needs of the people. After the war the Institute of Inter-American Affairs was reincorporated to continue the cooperative programs. In Europe the U.Š. took part in the European Recovery Program. In 1949 President Truman asked for a broadened program to extend “the benefits of our scientific advances and industrial progress” to al the underdeveloped areas. The next year the Congress approved the Act for International Development and a Technical Cooperation Ad- sistance in some countries of the Far East, however , was handled by the Economic Cooperation Administration-later the Mutual Security Agency–which was also handling technical exchange programs with the industrial countries of Europe. In 1953 President Eisenhower, for greater efficiency and econom in foreign operations, telescoped all three agencies--the IIAA, TCA and MSA-into the Foreign Operations Administration. FOÀ NOW conducts the cooperative programs with other nations. Since its establishment by President Eisenhower in 1953, FOA bas placed increasing emphasis on expanding the work of technical cooperit tion. Congress has provided increased funds, more technicians are o the field than ever before, and more American universities are in the exchange of technical knowledge. TE be and SEO 8 P g CI n b s] U: te Oi el belping II IS. En 1 Foreign Operations Administration. FOREIGN AID 3143 ot capacity to undertake the needed projects itself or when the rate of economic progress without supplemental aid would not serve the best interests of the country and the United States. Development assist- ance and technical cooperation in these instances are combined into an integrated program directed toward the common objective of economic strength among the free nations. IS S. 7 al le ut d 1 at le 20 be le 1 THREE MAJOR AREAS Today the Foreign Operations Administration carries on U.S. technical cooperation in three major areas of the world-Latin America; the Near East, Africa and South Asia; and the Far East. FOA is cooperating on technical problems with 19 independent k countries of Latin America and with 9 dependent overseas territories in that area. The 19 nations include Mexico and three countries of the Caribbean area: Cuba, Haiti, and the Dominican Republic; they include the 6 countries of Central America: Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama; and they include 9 countries in South America: Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. The 9 dependent terri- tories are Barbados; Trinidad and Tobago; Windward and Leeward Islands, British Guiana; Surinam; British Honduras; Jamaica; Nether- 2 lands Antilles; and French West Indies. FOA is working in cooperative projects also in 13 countries of the Near East, Africa, and South Asia, and with 11 African dependent territories. The countries in Africa and the Near East are Egypt, Ethiopia, Iran, Iraq, Israel, Jordan, Lebanon, Liberia, and Libya; in d South Asia are Afghanistan, India, Nepal, and Pakistan. The de- 1 pendent territories include Tunisia, French Equatorial Africa, Mada- gascar, Angola, Mozambique, Belgian Congo, Ġold Coast, the Central African Federation, Sierra Leone, Morocco, and Italian Somalia (U. N. Trusteeship) ed FOA technical cooperation projects are under way also in seven countries of the Far East: China (Formosa), Cambodia, Laos, Viet- nam, Indonesia, Philippines, and Thailand. Once a country asks the United States for technical cooperation, a broad agreement is drawn up between the two governments. The I requesting country agrees, among other things, (a) to bear a "fair share" of the costs, (b) to integrate the programs and to make good use of their results, and (c) to cooperate with other countries in This broad agreement is generally followed by detailed agreements on specific programs, each à part of the country's integrated plan for 6 economic development. For example, after Iran and the United States in January 1952 agreed to undertake a technical program, a series of d special agreements were spelled out. Three programs were agreed to if in April 1952--one in agriculture, one in health, and one in education. Agreements were signed in May in the fields of industry, transporta- 1 tion, and community housing; they were followed in June by pro- 1954–FOA was succeeded by the International Cooperation Administra- tion, which now administers the program; see infra, doc. 19. San IS F S technical programs. ܝܐ 1 3144 AMERICAN FOREIGN POLICY, 1950–1955 6 knowledge along to others to set up a chain reaction for 3. To contribute to the economic development of the whole country 4. To help in the establishment of nationwide government agencie that will have the resources--people, know-how, organization funds, and acceptance—to carry on their service activities with The cost of technical cooperation to the United States taxpayers relatively small. Based on allotments for the fiscal year, ended June 30, 1954, the cost per person is less than a penny and a half a week. grams for the development of natural resources and communications Eight months later-in February 1953-a program in public admin- istration was initiated in Iran. Each of these agreements launched a series of technical projects . Under the agriculture program, for instance, members of the U.S. mission and representatives of the Iranian Ministry of Agricultura worked out a series of 17 projects. American technicians cooperated with ministry officials and local technicians in putting these projects into operation. Efforts were turned first to developing basic research with emphasis on irrigation, seeds, and principal crops of Iran. Training was ar ranged for farm leaders from all parts of the country. A farm exter- sion service was set up. Steps were taken to introduce better grains and to import livestock for the improvement of native breeds. Wide use of insecticides and pesticides was initiated. Tests of drought resistant grasses were begun. In carrying out technical cooperation programs FOA draws on the specialized knowledge, skills, and experience of American universities industry, and voluntary agencies as well as Federal and State agencies It sends specialists abroad who help train local technicians, and it brings individuals from cooperating countries to the United States for advanced study or observation of techniques. In the host countries U.S. technicians work side by side with min- istry officials and local technicians. In Latin America, Servicios, tibat is, joint agencies made up of representatives of the host country and FOA, have been created within the individual ministries to carry out the joint programs and administer the joint funds. In some other countries a joint fund may be set up or joint planning may be done by committees of host government officials and U.S. mission officers Projects are carried out with a view to increasing participation and responsibility on the part of the host country so that ultimately i can take over the work entirely. In addition to benefitting the people immediately concerned, the programs have four major objectives: 1. To show what can be done by local people using available ** sources and better techniques. 2. To train local technicians who will then be able to pass their progress. out outside . COSTS ARE SHARED ( 1 1 2 ( FOREIGN AID 3145 -11s ats 1.S. ure ted cts 1 For the first year of operation under the Act for International Development, that is, for the 12 months ending June 30, 1951, allot- ments for technical cooperation were $39 million. For fiscal years 1952 and 1953 allotments were $127 and $145 million respectively; allotments for 1954 were $105 million; for the 12 months ending June 30, 1955, Congress provided $116.5 million. The contributions of the host countries to their technical cooperation programs average more than twice ours; in some cases their contribu- tions exceed ours by many times--27 times in the health program in Brazil, for instance. As the programs gain momentum in any country, popular support grows and the government provides more funds, more facilities, and more personnel to this phase of the nation's economic development. SIS ar PD- HS Ide ght the LES es. it tes 18. REVISED ADMINISTERING AUTHORITY UNDER THE MUTUAL SECURITY ACT OF 1954: Executive Order No. 10575, November 6, 19542 11- nat nd By virtue of the authority vested in me by the Mutual Security Act of 1954 (68 Stat. 832), by section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: out Der one IS. . end it ese If 1611--1613c). for PART I. ASSIGNMENT OF FUNCTIONS AND FUNDS Section 101. Foreign Operations Administration. (a) Exclusive of the functions otherwise delegated, or excluded from delegation, by this order, and subject to the provisions of this order, there are hereby delegated to the Director of the Foreign Operations Administration all functions conferred upon the President by the Mutual Security Act of 1954 : (hereinafter referred to as the Act) and by the Mutual Defense Assistance Control Act of 1951 4 (65 Stat. 644; 22 U. S. C. (b) Subject to sections 103 and 107 (b) of this order, the Director of the Foreign Operations Administration shall administer sections 402, 505, and 201 of the Act. In determining upon the furnishing of 1. Funds for technical cooperation in 1954 and 1955 are not strictly comparable to those for earlier years. Included in the earlier allotments are funds which were later identified as special economic aid” (fiscal 1954) and "development as- sistance” (fiscal 1955). For example, U.S. funds for the technical cooperation programs in Egypt are recorded as follows: $12.6 million for 1953; $3.2 million for 1954. However, included in the 1953 program was $10 million for roadbuild- ing; this would now be identified as "development assistance” and not as "tech- nical cooperation'. [Footnote in the original.] 2 19 Fed. Reg. 7249. The title of this executive order reads "Administration of Foreign-Aid Functions." Supra, doc. 16. Supra, doc. 15. cles OD, the ܪܶܐ - zne 3 1 4 3146 AMERICAN FOREIGN POLICY, 1950–1955 € Section 102. Department of Defense. (a) Subject to the provisions (b) of the Act as consists of determining that a nation or international times other than in advance of delivery of the equipment, material, or services, and (iii) the functions reserved to the President by sectw (2) The functions conferred upon the President by sections 14 (3) So much of the functions conferred upon the President hi sections 142 (10), 511 (b), 527 (a), 528, and 529 (a) of the Act as relates to other functions under the Act administered by the Depart respect to equipment or materials procured for military assistance (b) The Secretary of Defense is hereby designated to make, a the determinations provided for in section 107 of the Mutual Security 8 i Act of July 31, 1945; A Decade of American Foreign Policy, pp. 305-311. assistance on terms of repayment pursuant to sections 201 (a) and 505 of the Act, and upon the amounts and terms of such assistance, the Director of the Foreign Operations Administration shall consult with the National Advisory Council on International Monetary and Financial Problems in respect of policies relating to such assistance and terms. Whenever assistance on terms of repayment, under the said section 505, involves funds available under chapter í of Title I of the Act, the said Director shall consult with the Secretary of Defense with respect to the amounts and terms of such assistance , The Director of the Foreign Operations Administration shall also consult the said Council with respect to policies concerning the utilization of funds in the Special Account provided for in section 142 (11) of the Act and concerning such other matters as are within the cognizance of the Council pursuant to section 4 of the Brettent Woods Agreements Act. (c) Pursuant to section 527 (c) (2) of the Act, it is directed that the authority made available to the Director of the United States Informa- tion Agency with respect to his functions by section 2 of Executive Order No. 10477 of August 1, 1953 (18 F. R. 4540), and by Executive Order No. 10522 of March 26, 1954 (19 F. R. 1689), subject to the provisions of law applicable in connection with such authority , mer be utilized by the Director of the Foreign Operations Administration with respect to his functions. (d) It is hereby directed that the Office of Small Business provided for in section 504 (b) of the Act shall be in the Foreign Operations Administration. of this order, there are hereby delegated to the Secretary of Defense (1) The functions conferred upon the President by chapter 1 Title I of the Act, exclusive of (1) those so conferred by section 1 (b) (3) of the Act, (ii) so much of those so conferred by section I organization may make available the fair value of equipment materials, or services, sold thereto or rendered therefor, at a time ore 107 of this order. i ment of Defense. Appropriation Act, 1955 (68 Stat. 1224). S C $ d ti M ti ti ti ai 0 S QU Ahed 0 ***** FOREIGN AID 3147 Secretary of State with respect to the foreign policy of the United 505 (C) The Secretary of Defense (1) shall exercise the responsibility the and authority vested in him by the Act and the responsibility and cith authority delegated to him by this order subject to coordination by and the Director of the Foreign Operations Administration, and (2) shall me keep the Director of the Foreign Operations Administration fully the and currently informed of all matters, including prospective action, el relating to the utilization of funds under the Act, the establishment of of priorities under section 524 (b) of the Act, and the furnishing of Ice military items under chapter 1 of Title I of the Act. ราง the Section 103. Department of State. (a) There are hereby delegated to the Secretary of State: tion (1) The functions conferred upon the President by the laws referred tanto in section 101 (a) of this order with respect to negotiating and entering into international agreements. the (2) The functions conferred upon the President by sections 105 m. b) (3), 405 (a), 413 (b) (2) and (3), and 529 (b) and (c) of the Act. tive (3) The functions conferred upon the President by section 504 LiFe(Q) (2) of the Act so far as they may relate to countries in which the the Foreign Operations Administration does not have missions or may employees. tion (4) So much of the functions conferred upon the President by section 535 (a) of the Act as consists of requesting the cooperation ide of the United Nations, its organs, and specialized agencies or other ions international organizations in carrying out the purposes of the Act. (b) The functions conferred upon the President by section 414 of is the Act are hereby delegated to the Secretary of State. In connection with the carrying out of the said functions the Secretary of State 10 shall consult with appropriate agencies of the Government. The designation by the Secretary of State of articles which shall be con- illi sidered as arms, ammunition, and implements of war, including technical data relating thereto, under the said section 414 shali require the concurrence of the Secretary of Defense. (C) The Secretary of State shall be responsible (1) for making the United States contributions under the Act to, and formulating and presenting with the assistance of the Director of the Foreign Opera- tions Administration the policy of the United States with respect to the assistance programs of, the international organizations referred to in sections 132 (c), 306, 405 (a) and (c), 406, and 407 of the Act, bi and (2) for making the United States contribution under section 408 tas of the Act to the North Atlantic Treaty Organization for the United States' share of the expenses of the Organization. (d) All functions under the Act and the other statutes referred to in sections 101 (a), 102 (b), and 105 (a) of this order, however vested, i delegated, or assigned, shall be subject to the responsibilities of the . (e) The maintenance of special missions or staffs abroad, the fixing of the ranks of the chiefs thereof after the chiefs of the United States 10 ente 崛​似​幽​棚 ​14 art nce States, 3148 AMERICAN FOREIGN POLICY, 1950-1955 e ve instances in which such utilization is deemed (1) to further the more e ti th he 9. re 9, PI re 8 PM tively, to any agency, department, establishment, or wholly-owned section 107 (a) (2) hereof. The utilization of funds without regard Government funds as authorized by section 411 (b) of the Act shall be limited as far as practicable and shall in any event be confined to diplomatic missions, and the authorization of the same compensation and allowances as the chief of mission, Class 3 or Class 4, within the meaning of the Foreign Service Act of 1946 (22 U. S. C. 801 et seg.), all under section 526 of the Act, shall require the approval of the Secretary of State. Section 104. Department of Commerce. (a) There is hereby dele- gated to the Secretary of Commerce so much of the functions con- ferred upon the President by section 413 (b) (1) of the Act as consists of drawing the attention of private enterprise to opportunities for investment and development in other free nations. through whom shall be carried out the functions provided for in section 416 of the Act. Section 105. United States Information Agency. (a) The functions conferred upon the President by section 1011 of the United States Information and Educational Exchange Act of 1948' (62 Stat. 6), as amended, are hereby delegated to the Director of the United States Information Agency and shall be carried out in consultation with the Director of the Foreign Operations Administration. (b) The United States Information Agency shall perform the functions provided for by law with respect to publicizing abroad the activities carried out under the Act. Section 106. Allocation of funds. (a) Funds appropriated or otherwise made available to the President shall be deemed to be allocated without any further action of the President as follows: (1) Funds for carrying out chapter 1 of Title I of the Act are allocated to the Secretary of Defense, but, for the purposes of the second sentence of section 110 of the Mutual Security Appropriation Act, 1955 (68 Stat. 1224), such funds shall be available only when and'in such amounts as they have been apportioned, for use, by the Bureau of the Budget. (2) All funds for carrying out the Act except those for carrying out chapter 1 of Title I of the Act are allocated to the Director of the Foreign Operations Administration. (b) The said funds may be allocated by the Secretary of Defense and the Director of the Foreign Operations Administration, respe consistent with applicable law, subject, however , to the provisions el to the existing laws governing the obligation and expenditure fi tr b SI 10 P 比如​杜​amm弧 ​ac se D PC of 1 A Decade of American Foreign Policy, pp. 1224–1234. FOREIGN AID 3149 economical, efficient, or expeditious carrying out of functions under the Act, and (2) to obviate or mitigate hardship occurring with re- spect to personnel administering functions under the Act in connec- tion with the administration of these functions or with respect to the families of personnel by reason of the duties of the respective heads. (c) The Director of the Foreign Operations Administration shall allocate funds to the Department of State for the contributions referred to in section 103 (c) of this order. Section 107. Reservation of functions to the President. (a) There are hereby excluded from the functions delegated by the foregoing provisions of this order: (1) The functions conferred upon the President by the Act with respect to the appointment of officers required to be appointed by and with the advice and consent of the Senate, the transmittal of periodic or special reports to the Congress, and the termination or withdrawal of assistance. (2) The functions conferred upon the President with respect to findings, determinations, certification, agreements, directives, or transfers of funds, as the case may be, by sections 104 (b), 105, 132 a), 141, 401, 403, 404, 410, 501, 503, 521, and 522 (b) of the Act, and by sections 103 (b), 104, 203, and 301 of the Mutual Defense As- sistance Control Act of 1951. (3) The functions conferred upon the President by sections 101, 107 (a) (2), 415, 525, 533, and 545 (d) of the Act and, subject to Part Iſ hereof, the functions so conferred by section 523 (b) of the Act. (4) The functions conferred upon the President by section 121 of the Act, including all of the functions so conferred with respect to waiving specific provisions of section 142 of the Act, but otherwise excluding so much of the functions conferred upon the President by the said section 121 as may relate to assistance for the support of forces and other expenditures within Indo-China and either is fi- nanced from the unexpended balances of appropriations made pur- suant to sections 304 and 540 of the Mutual Security Act of 1951, as amended, or is within an obligational limitation of $150,000,000 additional to the said unexpended balances. (5) So much of the functions conferred upon the President by section 409 (d) of the Act as may relate to funds allocated to the Department of Defense by this order. (b) The President shall hereafter determine the portions of the sum of $350,000,000 provided for in section 402 of the Act and the portions of the sum of $200,000,000 provided for in section 505 (b) of the Act which shall be applicable to funds allocated pursuant to the Act to the Foreign Operations Administration and the Depart- ment of Defense, respectively. 3150 AMERICAN FOREIGN POLICY, 1950–1955 2 (7) Preparing and submitting such reports on the operation and Secretary of Defense, the Director of the Foreign Operations Ad ministration, or the Director of the United States Information Agency, (8) Recommending the withdrawal of United States personnel from PART II. PROCEDURES FOR COORDINATION ABROAD Section 201. Functions of the Chief of the United States Diplomatic Mission. (a) The Chief of the United States Diplomatic Mission in each country, as the representative of the President, shall serve as the channel of authority on foreign policy and shall provide foreign policy direction to all representatives of United States agencies in such country (b) The Chief of the United States Diplomatic Mission in each country, as the representative of the President and acting on his behalf, shall coordinate the activities of the representatives of United States' agencies (including the chiefs of economic and technical as- sistance missions, military assistance advisory groups, foreign in- formation staffs, and other representatives of agencies of the United States Government) in such country engaged in carrying out programs under the Act, programs under the Mutual Defense Assistance Control Act of 1951, and the programs transferred by section 2 of Reorganiza- tion Plan No. 8 of 1953 ? (67 Stat. 642); and he shall assume respon- sibility for assuring the unified development and execution of the Beid programs in such country. More particularly, the functions of each Chief of United States Diplomatic Mission shall include, with respect to the programs and the country concerned, the functions of: (1) Exercising general direction and leadership of the entire effort (2) Assuring that recommendations and prospective plans and P actions of representatives of United States agencies are effectively coordinated and are consistent with, and in furtherance of the established policy of the United States. (3) Assuring that the interpretation and application of instructions received by representatives of United States agencies from higher $ authority are in accord with the established policy of the United States. (4) Guiding the representatives of United States agencies in work ing out measures to prevent duplication in their efforts and to pro mote the most effective and efficient use of all United States officers and employees engaged in work on the said programs. (5) Keeping the representatives of United States agencies fully informed as to current and prospective United States policies . SI (6) Prescribing procedures governing the coordination of the fo activities of representatives of United States agencies, and assurica that such representatives shall have access to all available information essential to the accomplishment of their prescribed duties. subsection as may be requested of the Secretary of State by with respect to their respective responsibilities. 0 S i S ST 01 re 21 pl re re er 1 Infra, pp. 3184-3186. FOREIGN AID 3151 the country whenever in his opinion the interests of the United States warrant such action. f 1 -S 1 11 Som 1. DS 34. 1- such eci (c) Each Chief of United States Diplomatic Mission shall perform his functions under this part in accordance with instructions from higher authority and subject to established policies and programs of the United States. Only the President and the Secretary of State shall communicate instructions directly to the Chief of the United States Diplomatic Mission, 1 (d) No Chief of United States Diplomatic Mission shall delegate any function conferred upon him by the provisions of this Part which directly involves the exercise of direction, coordination, or authority. ed Section 202. Referral of unresolved matters. The Chief of the United States Diplomatic Mission in each country shall initiate steps to ! reconcile any divergent views arising between representatives of United States agencies in the country concerned with respect to programs referred to in the introductory portion of section 201 (b) zid of this order. If agreement cannot be reached the Chief of the United .ch States Diplomatic Mission shall recommend a course of action, and course of action shall be followed unless a representative of a United States agency requests that the issue be referred to the Secretary of State and the United States agencies concerned for decision. If such a request is made, the parties concerned shall and promptly refer the issue for resolution prior to taking action at the ely country level. Section 203. Further coordination procedures and relationships. (a) All representatives of United States agencies in each country shall be her subject to the responsibilities imposed upon the Chief of the United States Diplomatic Mission in such country by section 523 (b) of the Act and by this part. TK- (b) Subject to compliance with the provisions of this part and with the prescribed procedures of their respective agencies, all representa- tives of United States agencies affected by this part (1) shall have direct communication with their respective agencies and with such ully other parties and in such manner as may be authorized by their respective agencies, (2) shall keep the respective Chiefs of United the states Diplomatic Missions and each other fully and currently in- ring formed on all matters, including prospective plans, recommendations, and actions, relating to the programs referred to in the introductory portion of section 201 (b) of this order, and (3) shall furnish to the respective Chiefs of United States Diplomatic Missions, upon their request, documents and information concerning the said programs. Ad PART III. GENERAL PROVISIONS Section 301. Definition. As used in this order, the word "functions" embraces duties, powers, responsibilities, authority, and discretion. Section 302. Prior orders. (a) This order supersedes Executive Order No. 10476 of August 1, 1953 (18 F. R. 4537). the Pro- cers tion and this the DCF , from 3152 AMERICAN FOREIGN POLICY, 1950–1955 (b) The reference in section 3 (c) of Executive Order No. 10560 of September 9, 1954 (19 F. R. 5927), to Part III of Executive Order No. 10476 1 shall after the date of this order be deemed to be a refer- ence to Part II of this order. (c) Except to the extent inconsistent with law or with this order, and except as revoked, superseded, or otherwise made inapplicable before the time of issuance of this order, (1) all determinations, authorizations, regulations, rulings, certificates, orders, directives , contracts, agreements, and other actions issued, undertaken or entered into with respect to any function affected by this order shall continue in full force and effect until amended, modified, or revoked by appropriate authority, (2) each reference in any Executive order to any provision of law repealed by the Mutual Security Act of 1954 shall be deemed also to refer to the corresponding provision, if any, of the Mutual Security Act of 1954. Section 303. Effective date. Without prejudice to anything done under proper authority with respect to any function under the Act at any time subsequent to the approval of the Act and prior to the approval of this order, the effective date of this order shall be deemed to be the date of the approval of the Act. DWIGHT D. EISENHOWER. 19. ADDITIONAL REVISION OF ADMINISTERING AUTHOR- ITY UNDER THE MUTUAL SECURITY ACT OF 1954: Ex- ecutive Order No. 10610, May 9, 1955 2 By virtue of the authority vested in me by the Mutual Security Act of 1954,3 including particularly sections 521 and 525 thereof (68 Stat. 855, 856), and as President of the United States, it is ordered as follows: PART I. DEPARTMENT OF STATE; INTERNATIONAL COOPERATION ADMINISTRATION Section 101. Exclusive of the functions transferred by the pro- visions of section 201 of this order, all functions conferred by law upon, or delegated or otherwise assigned by the President to, the Director of the Foreign Operations Administration, and all functions conferred by law upon, or otherwise placed under the jurisdiction of , the Foreign Operations Administration (including, subject to the provisions of sections 102 (b) and (c) of this order, all functions of agencies, officials, and employees of the Foreign Operations Admin- istration), are hereby transferred to the Secretary of State and the Department of State, respectively. I Supra, doc. 14. 2 20 Fed. Reg. 3179. The executive order bears the title "Administration of Mutual Security and Related Functions." Supra, doc. 16. POST WORLD WAR I I FOREIGN AID LEGISLATION Grant and Loan Funds Authorized and Appropriated for Major Foreign Aid Programs of the United States 1945 - 1956 Appropriations and Public Debt Authorizations Available Beginning in FY Basic Authorizing Legislation Reference Con. P. L. Date Statute TOBB No. Approved Vol. Page Total Appro- priated Incl. Pub. Debt Auth. 1945-1956 Amount Authorized Appropriation Act Reference Con. P. L. Date Statute Te68 No. Approved Vol. Page 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 Item Program or Function 78th 267 3/28/14 58 122 $1,350,000,000 1. United Wations Relief & Rehabilitation 2 3. 79th 262 12/18/45 59 612 ส่ jimin 1,350,000,000 &&&& 78th 79th 79th 79th 79th 382 259 269 391 521 6/30/44 12/14/15 12/28/45 5/27/46 7/23/46 58 59 59 60 60 629 $700,000,000 609 634 228 603 700,000,000 $ 550,000,000 750,000,000 135,000,000 465,000,0001/ 1,900,000,000 $ 700,000,000 550,000,000 750,000,000 135,000,000 465,000,000 2,600,000,000 2,700,000,000 Total UERRA $425,000,000 300,000,000 600,000,000 340,000,000 143,000,000 $1,300,000,000 79th 80th Both Both Both Both 81st 81st 82nd 82nd 83rd 83rd 84th 6. Covernment and Relief in Occupied Areas 7. DO 8. DO 9. 10. DO 11. DO 12. DO 13. DO 14. 15. DO 17. 18, DO Total QARIQA 515 46 271 393 519 793 327 759 253 547 207 663 219 7/16/46 5/1/47 7/30/47 12/23/47 5/10/48 6/28/48 10/6/49 9/6/50 11/1/51 7/15/52 8/7/53 8/26/54 871753 60 560 61 71 61 625 61 943 62 22b 62 1057 63 711 760 65 747 60 180 67 430 825 466 425,000,000 300,000,000 600,000,000 340,000,000 143,000,000 1,300,000,000 912,500,000 288,000,000 22,500,000 11,000,000 3,100,000 3,100,000 3,000,000 4.351,200,000 79th 80th 80th 80th 80th 80th 818t 81st 82nd 82nd 83rd 83rd 84th 515 46 271 393 519 793 327 759 253 547 207 663 219 7/16/46 5/1/47 7/30/47 12/23/47 5/10/48 6/28/48 20/6/49 9/6/50 11/1/51 7/15/52 8/7/53 8/26/54 874/55 60 560 61 71 61 625 61 943 62 224 62 1057 63 711 64 760 65 747 60 180 67 430 $ 912,500,000 425,000,000 300,000,000 600,000,000 340,000,000 143,000,000 1,300,000,000 912,500,000 288,000,000 22,500,000 1,000,000 3,100,000 3.100,000 3,000,000 1,351,200,000 $ 288,000,000 $ 22,500,000 $ 11,000,000 3,100,000 16. $ 825 455 3,100,000 3,100,000 725,000,000 1,083,000,000 1,300,000,000 *** 912,500,000 288,000,000 22,500,000 11,000,000 3,100,000 $3,000,000 2,000,000 Both 84 5/31/47 61 125 310,000,000 80th 80th 271 393 7/30/47 12/23/47 61 61 613 942 19. Ballet Assistance Post UIRRA 20. DO Total Relief Assistance 292,000,0002) 18,000,000 310,000,000 292,000,000 18,000,000 310,000,000 erܢ 310,000,000 80th 146 7/1/47 61 214 237,284,157 71,073,900 70,710,228 80th Both 818t 818t 21. International Refugee Organization 22. DO 23. DO DO Total International Refugee Organization 271 793 179 759 7/30/47 6/28/48 7/20/49 9/6/50 61 623 62 2058 63 1450 74 610 70,500,029 71,073,900 70,710, 228 70,500,029 25,000,000 237,284,157 ? 237,284,157 25,000,000 25,000,000 112,073,900 70, 710, 228 10,500,029 59 637 269 663 1,000,000 79th 269 12/28/45 79th 454 6/26/46 81st 2955 2955) 9/7/49 637 315 692 1,000,000 79th Indefinite3791b 59 60 25. Asistance to the Philippines DO DO 12/28/45 8/8/46 1,000,000 916 26. 63 ML 7. Mtle I Assistance to Philippines 10,000,000 70,000,000 28. 29. 30. 31. 370 79th 60 61 62 63 60 4/30/46 128 88888 400,000,000 79th 80th 80th Blet 818t 521 269 491 266 759 7/23/46 7/30/47 4/20/48 8/24/49 9/6/50 613 601 190 648 712 95,000,000 10,000,000 70,000,000 95,000,000 184,800,000 40,200,000 184,800,000 64 40,200,000 . Mtle II - Assistance to Philippines DO 79th 370 4/30/46 60 134 100,000,000 33. 47,918,000 42,500,000 79th Mtle III - Assistance to Philippines DO DO 10 DO DO DO DO Total Assistance to Philippines 370 21,373,000 126,000 4/30/16 60 135 35. 36. 37. 38. 39. 146,000,000 79th Both 80th 816t 8lst 8lst 82nd 521 166 597 119 179 759 188 7/23/46 7/9/47 6/3/48 6/23/49 7/20/49 9/6/50 10/22/51 621 287 314 250 445 614 581 62 62 63 63 64 65 17,166,398 47,918,000 42,500,000 21,373,000 126,000 17,166,398 10,000,000 3,000,000 543,003,398 10,000,000 647,000,000 1,000,000 57,918,000 112,500,000 116,499,000 3,000,000 3,000,000 201,966,398 50,200,000 400,000,000 62. Assistance to Greece and Turkey 80th Both 75 472 5/22/47 4/3/48 61 62 103 157 400,000,000 275,000,000 80th 80tb 8lst 271 793 327 7/30/47 6/28/48 10/6/49 61 613 62 1056 63 710 225,000,000 DO DO Total Aid to Greece and Turkey 13. 400,000,000 225,000,000 45,000,000 670,000,000 45,000,000 145,000,000 400,000,000 675,000,000 225,000,000 80th 389 12/17/47 61 934 597,000,000 W, Interin Ald 15. DO Total Interim Ald 80th soth 393 470 12/23/47 3/31/48 61 62 942 109 522,000,000 55,000,000 577,000,000 522,000,000 55,000,000 571,000,000 597,000,000 80th 80th 8lst 40,000,000 Ad to Children: 46. International Children's Emergency Fund DO 48. DO Total International Children's Emerg. Find 84 472 1707 7/14/49 5/31/47 473748 61 62 63 125 157 412 Both Both 40,000,000 60,000,000 271 793 61 613 62 1056 7/30/47 6/28/48 35,000,000 40,000,000 35,000,000 100,000,000 40,000,000 35,000,000 75,000,000 818t 5358/6/5/50 64 209 82nd 45 6/2/51 65 60 19. International Children's Welfare Work Total Aid to children 15,000,000 115,000,000 5,750,000 5,750,000 5,750,000 80,750,000 50. European Recovery Program 51, DO 52, DO Total European Recovery Program soth 818t 818t 472 47 535 4/3/48 4/19/49 6/5/50 62 63 64 137 53 200 80th 818t 816t 793 327 759 5,300,000,000 5,430,000,000 2,700,000,000 13,430,000,000 65,000,000 6/28/48 10/6/49 9/6/50 62 1055 63 709 64 757 40,000,000 35,000,000 4,000,000,00010 1,074,000,00011 3,628,380,000 ,000,000,000 1,074,000,000 3,628, 380,000 65,000,000 2,200,000,00012) 4,000,000,000 4,702,380,000 2,200,000,000 10,902,300,000 2,200,000,000 53. Waited Nations Headquarters Loan 8/01/18 Both 62 1286 8lst 903 19 6/23/49 63 250 65,000,000 400,000,00013/ 400,000,000 Far Eastern Aid: 54. (I) tid to China 55. DO 56. DO 57. DO 58, DO Total Ald to Chine 80th 818t 818t 818t 8lst 472 47 447 535 911 4/3/48 4/19/49 2/14/50 6/5/50 1/6/51 62 158 63 55 64 5 202 64 1236 •463,000,000 14 15/ 16/ 80th 81st 818t 818t 8lst 793 47 4447 535 911 6/28/48 4/19/49 2/14/50 6/5/50 1/6/51 62 1056 63 55 64 5 64 202 64 1236 14 15 16/ IT 400,000,000 463,000,000 400,000,000 60. 59. (2) Assistance to KOREA - ECA DO ol. DO 62. DO Total Assistance to Korea 818t 818t 816t 81st 10/10/49 63 739 10/28/49 63 975 2/14/50 5 6/5/50 202 343 430 447 535 8lst Bist 8lot 318t 30,000,000 30,000,000 60,000,000 100,000,000 220,000,000 343 430 583 759 10/10/49 10/28/49 6/29/50 9/6/50 No. 63 63 64 64 739 975 289 758 30,000,000 30,000,000 50,000,000 30,000,000 30,000,000 50,000,000 90,000,000 200,000,000 90,000,000 90,000,000 110,000,000 3 1 58) BCA 50,000,000 911 179 66. 50,000,000 911 179 431 179 0 - 57 ( Face p. 63. (3) Ciridian Reliet in Korea Dept. of Defen. 818t DO 82nd 65, DO 82nd 66, DO 83rd Total Civilian Relief in Korea Department of Defense 1/6/51 10/18/51 65 6/30/52 8/1/53 64 1231 425 65 615 67 336 50,000,000 50,000,000 175,000,000 58,000,000 81st 82nd 82nd 83rd 431 64 1231 65 425 65 615 67 336 1/6/51 10/18/51 6/30/52 8/1/53 175,000,000 50,000,000 50,000,000 175,000,000 58,000,000 179 58,000,000 50,000,000 50,000,000 333,000,000 175,000,000 58,000,000 333,000,000 (4) Relief & Rehabilitation in Korea18/ 418 83rd 207 8/7/53. 67 8/7/53 200,000,000 67 200,000,000 418 83rd 207 415900 200,000,000 110,000,000 140,000,000 50,000,000 Total Korea 753,000,000 258,000,000 175,000,000 733,000,000 1,216,000,000 400,000,000 110,000,000 140,000,000 50,000,000 175,000,000 Grand Total - Far Eastern Aid 258,000,000 1,133,000,000 POST WORLD WAR II FOREIGN AID LEGISLATION Grant and Loan Funds Authorized and Appropriated for Major Foreign Aid Programs of the United States 1945 - 1956 Appropriations and Public Debt Authorizations Available Beginning in my Basic Authorizing Legde lation Reference Con P. L. Date Statute gress No. Approved Vol. Page Amount Authorized Appropriation Act Reference Con- P, L. Date Statute gress No. Approved Vol. Page TOERI Appro- priated Incl. Pub. Debt Auth. 1945-1956 1945 1946 1947 1948 1949 1950 Ita Proma a function 1951 1952 1953 1954 1955 1956 67. Lown to Spaia (Public Debt runde) (see also ita "Assistance to Spain" under Mutual Security)29 81st 759 9/6/50 64 19/ 758 $ -62,500,000 81st 68. Add to Yugoslavia 897 12/29/50 64 1122 50,000,000 20/ 82nd 48 69. Dergancy Food Ald to India 6/15/51 65 69 190,000,000 21 63 sust 8lat $ 25 535 3/24/49 6/5/50 70. Balior to Palestine Refugees 71. Total Rellet of Palestine Refugeer 22 16 203 818t 818t 16,000,000 16,000,000 27,450,000 43,450,000 119 759 6/23/49 976750 63 64 232 763 DO 16,000,000 $_27,450,000 27,450,000 16,000,000 27,450,000 45,450,000 8lst 535 6/5/50 64 2014 35,000,000 818t 72. International Development ("Point Pour") 759 9/6/50 64 758 26,900,000 26,900,000 80tla 369 73. Institute of Interamerican Artair 23/ 8/5/47 62 780 15,000,000 2,500,000 80th 81st 818t 860 6/30/48 179 7/20/49 759 9/6/50 62 1184 63 456 64 615 4,751,600 74. DO 81st DO24 283 9/3/49 63685 75 35,000,000 50.000.000 2,500,000 4,751,600 5,000,000 12,251,600 2,500,000 5,000,000 5,000,000 4,751,600 Total Institute of Inter-American Arratrs .. Hutal Detanse Moistance: 77. 63 715 63 716 63 726 63 716 818t 76. Title I, North Atlantic Treaty Countries Title I, Creeco and Turkey Mtle III, Irun, Karen and Philippines 79. Ganeni Ara of China Subtotal 63 975 63 975 63 975 63 975 329 10/6/49 1,000,000,000 211,370,000 27,640,000 75,000,000 1,314,010,000 818t 430 10/28/49 500,000,000 211,370,000 27,640,000 75,000,000 814,010,000 78. 500,000,000 211,370,000 27,640,000 75,000,000 814,010,000 64 64 374 64 375 64 375 64 375 818t 80. Mtle I, larth Atlantic Treaty Countries 81. Mtle II, Greece, Tekey and Iran 82. Mtle II, Koron and Philippines 83. General Aron of China Subtotal 621 7/26/50 1,000,000,000 131,500,000 16,000,000 75,000,000 1,222,500,000 81st 759 759 759 759 759 9/6/50 1,455,523,72935) 131,500,000 16,000,000 75,000,000 1,678,023,729 64 1,455,523,729 131,500,000 16,000,000 75,000,000 1,678,023, 729 64 1063 64 1063 64 1063 64 1063 3,504,000,000 193,000,000 843 81.t 9/27/50 818t 3,504,000,000 193,000,000 843 9/27/50 3,504,000,000 193,000,000 ght. Title I, North Atlantic Treaty countries 89. Mtle U, Qreece, Turkey and Iran 86. Title , Koru, Philippines and General Are at China Subtotal 644 1063 64 1063 303,000,000 4,000,000,000 303,000,000 4,000,000,000 303,000,000 59,000,000,000 Total Mutual Defense Musi.tance 6,536,510,000 814,010,000 5,678,023, 729 6,492,033,729 Hatual Security: 82nd 165 Title I, burrope: 87. Klitary Assistance 88. Economic and Technical Assistance Total Title I 20/10/51 65 65 373 374 65 65 730 731 5,028,000,000 1,022,000,000 7,050,000,000 100,000,00027 $4,818,852,45726 1,022,000,000 5,840,852,457 4,818,852,457 1,022,000,000 840,852,451 82nd 89. Assistance to Spain 249 10/31/51 65 731 65 731 100,000,000 100,000,000 65 Title II, Hear East and Africa: 90. litary Adistance 91. Esananic and Technical Assistance Totul mtl. II 65 65 374 375 396,250,000 160,000,000 556,250,000 731 65 731 396,250,000 160,000,000 556,250,000 396,250,000 160,000,000 556,250,000 82nd 165 10/10/51 82nd 249 10/31/51 Mtle III, Asia and Pacific: 92. Mary Assistance. 93. Economic and Technical Assistance 94. Contributions to UNKRA Total mtl. I 65 375 65 376 65 376 65 731 65 731 535,250,000 237,500,000 45,000,000 817,750,000 535,250,000 237,155,866 28 1772,405,866 535,250,000 237,155,866 772,405,866 Mtle IV, American Republics: 95. ltary Apistance 96. Technical Assistance Total Titlo IV 65 65 377 376 38,150,000 21,250,000 59,400,000 65 65 731 731 38,150,000 21,245,653 59,395,653 38,150,000 21,245,653 59,395,653 Subtotal Mutual Security 2,583,400,000 7,328,903,976 7,328,903,976 Title I Girope: 97. Klitary Assistance 98. Economic and Technical Assistance Total Title I 66 66 141 141 66 66 652 652 3,415,614,750 1,282,433,000 34,698,047,750 (25,000,000)29) $3,128,224,750 1,282,433,000 4,410,651,750 (25,000,000) 297 3,128,224,750 1,282,433,000 4,410,657,750 99. Asbistance to Spain 66 141 66 652 (25,000,000) Title II, Near Bast and Africa: 100. Military Assistance 101. Economic and Technical Assistance Total Title II 66 66 142 142 560,316,500 181, 114,000 741,430,500 66 66 652 652 499,116,500 181,114,000 680,230,500 499,116,500 181, 114,000 60,230,500 82nd 400 6/20/52 82nd 547 7/15/52 Title III, Asia and Pacific: 102. Mitary Assistance 103. Economic and Technical Assistance 104. Contributions to URKRA Total Title III 66 66 142 142 66 66 652 653 66 143 564,807,500 321,412,500 45,000,000 931,220,000 540,807,500 270,571,250 811,378,750 540,807,500 270,571,250 811,378,750 Title IV, American Republics: 105. Military Assistance 106. Technical Cooperation Total Mtlo IV 66 66 143 143 57,685,750 20,329,000 78,014,750 66 66 653 653 51,685,750 20,329,000 72,014,750 51,685,750 20,329,000 72,014,750 415900 O -57 ( Face p. 3158) No. 2 Mtle V: 107. Movement of Migrants 108. Ocean Freight, voluntary Relief Packages 109. Multilateral Technical Cooperation 110. United Nations International Children's Emergency Fund Total Title V 66 66 66 147 147 150 9,240,500 2,587,500 15,708,750 66 66 66 653 653 653 9,240,500 2,587,500 9,171,333 9,240,500 2,587,500 9,171,333 66 151 66 653 16,481,000 44,017,750 6,666,667 27,666,000 6,666,667 27,666,000 Subtotal 6,492,730,750 6,001,947,750 6,001,947,750 POST WORLD WAR I I FOREIGN AID LEGISLATION Grant and Loan Funds Authorized and Appropriated for Mejor Foreign Aid Programs of the United States 1945 - 1956 Appropriations and Public Debt Authorizations Available Beginning in FY Basic Authorizing Legislation Reference Con. P. L. Date Statute Te88 No. Approved Vol. Page Total Appro- priated incl. Pub.Debt Auth. 1945-1956 Appropriation Act Reference Con- P. L. Date Statute gress No. Approved Vol. Page Amount Authorized Ita Program or function 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 Mutual Security: (Continued) 83rd 18 7/16/53 83rd 218 8/7/53 67 152 2,129,689,870 67 478 1,860,000,000 1,860,000,000 Title I, Surope: 1. Utary Assistance 112, Mutual Defense Financing, Defense Support, Economic and Technical Assistance 13. Maputacturing in France 1. Hudutacturing in United Kingdom Total Title I 67 67 67 152 153 153 250,000,000 100,000,000 100,000,000 2,579,689,870 67 67 67 478 479 479 220,000,000 85,000,000 85,000,000 220,000,000 85,000,000 85,000,000 2,250,000,000 2,250,000,000 Title II, Rear Bast and Africa: us. ltary Assistance 16. Klitary Aid (sec. 202(b)) 17. Economic and Technical Assistance 118. Special Economic Assistance Total Title II 67 152 67 156 67 154 67 154 305,212,637 50,000,000 43,792,500 194,000,000 593,005, 131 67 478 67 479 67 479 240,000,000 30,000,000 33,792,500 147,000,000 450,192,500 240,000,000 30,000,000 33,792,500 147,000,000 50,192,500 67 152 1,081,620,493 67 478 1,035,000,000 1,035,000,000 Title III, Asia and Pacific: 19. illtary Assistance 120. Mutual Defense Financing, Defense Support, Economic and Technical Assistance, Taiwan and Indochina 121. Force Support, Indochina 122. Economic and Technical Assistance, Defense Support, Other Than Taiwan and Indochina 123. Special Economic Assistance India & Pakistan Total Title III 67 67 153 153 84,000,000 400,000,000 67 67 478 479 84,000,000 400,000,000 84,000,000 400,000,000 67 154 67 154 72,200,000 94, 400,000 1132, 120, 193 67 67 479 479 51,278,001 75,000,000 1,645,278,001 51,278,001 75,000,000 1,645,278,001 Titl. IVAmerican Republics: 124. litary Assistance 125. Technical Assistance Tota Titi IV 67 67 152 154 15,000,000 24, 342,000 9000 67 67 478 479 15,000,000 22,342,000 592342,000 15,000,000 22,342,000 37 342,000 & Non-Regional 126, Mutual Special Weapons Planning 127. Basic Materials Development 128. Ocean Freight, Voluntary Reliet Packages 29. Movement of migrants 130. Multilateral Technical Assistance 131. International Children's Welfare Work 132. United Nations Korean Reconstruction Agency Total Non-Regional 67 153 67 154 67 155 67 155 67 155 67 155 67 155 100,000,000 7,500,000 1,825,000 10,000,000 13,750,000 9,000,000 71,000,000 213,075,000 67 479 67 479 67 1479 67 479 67 479 67 479 67 479 50,000,000 19,000,000 1,580,166 7,500,000 9,500,000 9,814,333 50,700,000 148,094,499 50,000,000 19,000,000 1,580,166 7,500,000 9,500,000 9,814,333 50,700,000 148,094, 199 Subtotal 5,157,232,500 4,531,507,000 4,531,507,000 133. Local Currency 67 159 98, 396,000 Subtotal 5,255,628,500 4,531,507,000 4,531,507,000 83rd 665 8/26/54 83rd 778 9/3/54 Title I. Mutual Defense Assistance 134. Chapter 1. Mlltary Assistance 135. Chapter 2. SEA & W. Pacific & DPS 136. Chapter 3. Defense Support Total Title I 68 833 68 837 68 838 1,591,000,000 795,000,000 407,550,810 2,793,550,810 68 1220 68 1220 68 1220 1,192,700,000 795,000,000 406,098,195 2,393,798,195 137. Title II - Development Assistance 138. Titre III. Technical cooperation 139. Title IV - Other Programs Subtotel 1,192,700,000 795,000,00030 406,098,195 2,393,798,195 184,500,000 116,457, 62130 86,744,000 2,781, 499,816 68 68 68 840 841 843 199,000,000 136,528,000 123,789,190 3,252,868,000 68 1220 68 1221 68 1221 184,500,000 116,457,621 86,744,000 2,781, 499,816 84th 138 7/8/55 69 69 84th 208 Title I Mutual Defense Assistance 140. Chapter 1. Military Assistance 142. Chapter 2. DIS 142. Chapter 3. Defense Support Total Title I 8/2/55 283 284 284 1,133,000,000 317,200,000 1,022,300,000 2,472,500,000 69 69 69 435 435 435 705,000,000 705,000,000 317,200,000 317,200,000 999, 200,000 999, 200,000 2,021,400,000 2,021,400,000 69 113. Title II Development Assistance TICI III Technical cooperation 145. Title IV - Other Programs Subtotal 69 285 286 69 287 69 182,000,000 172,000,000 459, 300,000 3,265, 800,000 435 435 436 69 162,000,000 162,000,000 153,000,000 153,000,000 366,941,750 366,941,750 2,703,341,750 2,703,341, 750 Grand Total of Mutual Security Acts of 1951 and 1954, as amended 25,870, 427,250 7,328,903,976 6,001,947, 750 4,531,507,000 2,781,499,816 2,703, 341,750 23,347,200,292 Subtotal Appropriated 1945-1956 700,000,000 1,901,000,000 782,918,000 6,993,573,900 2,904, 709,228_5,787, 108,027 8,446,323, 729 7,404,403,976_6,187,947, 750 4,792,607,000 2,784,599,816 2,706,341,750 51,391,533,176 Authorizations to Expend Public Debt Funds (10 lieu of Appropriations 1,000,000,000 150,000,000 62,500,000 27,254, 316 60 535 116. European Recovery Program 17. DO 118. Loan to Spain 219. Emergency Food Aid to India 150, British Loan 151. Export-Import Bank 152, DO 153. DO 154. Subscriptions to IBRD 155. Subscriptions to IMT 156. Subacription to IFC Both 81st 81st 82nd 79th 79th 82nd 83rd 79th 79th 84th 3,750,000,000 472 47 759 48 509 173 158 570 171 171 350 4/3/48 62 137 W/19/19 63 53 9/6/50 64 758 6/15/51 65 69 7/15/46 60 7/31/45 59 526 10/3/51 65 367 8/9/54 68 677 7/31/45 59 514 7/31/45 59 514 8/11/55 69 669 DO 3,500,000,000 33 34 3,750,000,000 3,500,000,00035 1,000,000,000 500,000,000 3,175,000,000 2,750,000,00036/ 35,168,000 1,000,000,000 1,000,000,000 150,000,000 62,500,000 27,254,316 3,750,000,000 3,500,000,000 1,000,000,000 500,000,000 3,175,000,000 2,750,000,000 35,168,000 35,168,000 35,168,000 15,949,922, 316 500,000,000 3,175,000,000 2,750,000,000 3158) No. Total Public Debt Authorizations 14,710, 168,000 9,425,000,000 3,750,000,000 1,000,000,000 150,000,000 89,754,316 1,000,000,000 500,000,000 Authorizations to Transfer Agricultural Commodities from C.C.C. Stocks 5/23/55 69 5/23/55 69 61 62 4159000 - 57 ( Face p. 157. Wheat to Pakistan 158. Pamine Relief 159. Farine Relief & Other Assistance 160. Sules for Foreign Currency DO 162. Transfers to private voluntary relief agencies & the United Nations Children's Fund for distribution abroad 83rd 83rd 83rd 83rd 84th T7 216 180 480 387 6/25/53 67 80 8/7/53 67 476 7/10/54 68 454 7/10/54 68 4454 8/12/55 69 721 69,385,83137/8/ Bith 40 100,000,00038 84th 40 300,000,00039 700,000,00040 800,000,00040 69,385,832 69,385,832 100,000,000 100,000,000 300,000,000 B/ 700,000,000 E) 800,000,0003 800,000,000 E 162. 300,000,000B/ 700,000,0003 DO 818t 439 10/31/49 63 1051 248,146,000 5,742,000€/ 46,777,000€/ 2,150,0003 420,000€ 66,660,0003 126,397,000 248,146,000 3 POST WORLD WAR II FOR E IGN AID LEGISLATION Grant and Loan Funds Authorized and Appropriated for Major Foreign Aid Programs of the United States 1945 - 1956 Appropriations and Public Debt Authorizations Available Beginning in FY Basic Authorizlag Legislation Reference COD P. L. Date Statute ST688 No. Approved Vol. Page Total Appro- priated incl. Pub.Debt Auth. 1945-1956 Appropriation Act Reference Con. P. L. Date Statute gre88 Approved Vol. Page Amount Authorized No. 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 Program or function Authorizations to Transfer military Vessels 82nd 467 7/8/52 66 443 82nd 83rd 510 188 7/1/52 66 8/15/53 67 587 363 DO 163. Patrol-Type Vessels to Japan 164. Ivo Submarines to the Government of the Netherlands 165. Ivo Submarines to the Government of Italy 166. lot to Exceed 25 Craft Not Larger than tobe Destroyer-Type to Any friendly lation in the Par Last 167. Sull Aircraft Carrier to the Goverment of France 168. DO 169. Tvo Submarines to the Government of Turkey 170. Various Authorities to sell Surplus Property and Merchant ships og Credit Terus 83rd 67 / 302,806,000 188 113,241,000$ 71,536,0003/ 115,308,0003/ 363 302,806,00042 2,721,0003 83rd 84th 83rd 188 168 214 7/26/55 8/7/53 67 363 69 373 67471 - in 1,485,000,00043/3/ 58,000,0003 11,000,000E/ 1,000,00037 +95,000,0003 524,000,00 395,000,000 1,000,000 3/ 1,485,000,000 700,000,000 11,821,000,000 5,056,918,000 8,388,573,900 2,962, 709,2285,953,850,027 8,586,576,045 8,407,553,976 6,301,608,750 4,930,803,000 4,526,304,816 3,710,895,581 21,346,793, 323 75,896,877,238 CRAID TOTAL 24 Botimated (1n most lästances on the basis of transfer activity as reported in publication entitled "Foreigo Grants and Credits by the United States Government,") issued by the Office of Business Economics, Department of Commerce. Extended IIAA through 6/30/55. P.L. 663, 83rd Congress extended the IIAA to 6/30/60. 25) Includes $455,523,729 to cover previous contract authorization, P.L. 329, 818t Congress. 26) This Pigure includes $44,476,271 to cover previous contract authorization, P.L. 329, 81st Congress. 27/ Assistance to Spain was not authorized in P.L. 165, 82nd Congress, authorization and appropriation was made from P.L. 249, 82nd Congress, 10/31/51, Stat. 65. 1 Third Deficiency Appropriation Act 1946. $465,000,000 to remain available until 6/30/47. 2/ $40,000,000 appropriated for ICT (Ita 46), making total Relief Assistance P.L. 271, 80th Congress $332,000,000. 37 Philippine Military Assistance Act. Blective for five years ending 7/3/51. Pirst Supplemental Appropriation Act, 1947. Authorized no more than $19,750,000 to be available from Military Establishment Appropriation in FY 1947 for the purpose of P.L. 454. 5/ Authorized extension through 6/30/51 for public roads and port and barbor facilities. 28/ Unobligated balances of prior appropriations for assistance to Koren under authority of Far Eastern Economic Assistance Act of 1950, P.L. 447, 82nd Congress, continued available through 6/30/52. 29/ $25,000,000 included in total for Title I. 30 P.L. 24, 84th Congress, 4/22/55, authorized the transfer of $6,500,000 from Nations Expanded Program of Technical Assistance." *Southeast Asia and the Western Pacific" to "Contributions to the United 6/ In addition to sunds specifically appropriated under "Assistance to Greece and Turkey, E.O.P." after 1948 economic aid was given to Greece and Turkey through the Economic Cooperation Administration, and after 1949 military assistance was included in the Mutual Defense Assistance Program. 7 Extends authorization and availabilty of ICEF appropriation through 6/30/50. 31 Authorization included 10 Item No. 50 - Of the $1,000,000,000 appropriated $27.7 million was utilized in the Investment Guaranty Program. This latter program originally authorized in the amount of $200 million is excluded from this schedule. 32 Authorization included in Item No. 51. 33) See Item No. 67 for authorization. Authorization included in Item No. 69. 34 35 Authorization of $700,000,000 by P.L. 792, 76th Congress (54 Stat. 792), increased to $3,500,000,000 by P.L. 173, 79th Congress. 36) Public debt authorization $950,000,000; also authorized transfer of $1,800,000,000 from Exchange Stabilization Fund created by Gold Reserve Act of 1934, as amended. 8/ In addition to authorizing $15,000,000 for International Children's Welfare Work, P.L. 535 extends authorization and availability of ICEF appropriation through 6/30/52. 9/ Subsequent to YY 1951 basic authorization and appropriation was made under Mutual Security Act. See Items No. 110 and 131, also included in Items No. 139 and 145. 10/ $4,000,000,000 was appropriated for period 4/3/48 through 6/30/49 which includes FY 1948 and 1949. See also public debt authority Item No. 246. u/ $1,074,000,000 P.L. 327, 818t Congress appropriated for period 4/3/49 through 6/30/49 (FY 1949), $3,628,380,000 appropriated for FY ending 6/30/50 (FY 1950). See also public debt authority itex No. 147. 12/ bcludes $50,000,000 reserve under Section 1214, P.L. 759, 81st Congress and rescinded under Chapter XII, P.L. 253, 82nd Congress, dated 11/1/51 (65 Stat. 755). 13 P.L. 793, 80th Congress appropriated the $400,000,000 for the period 1/3/48 through 6/30/49 which includes FY 1948 and 1949. 14 Authorization under P.L. 472, 80th Congress, and appropriation under P.L. 793, 80th Congress, extended from 4/3/49 through 2/15/50. 15) Authorization under P.L. 472, 80th Congress, and appropriation under P.L. 793, 80th Congress, extended from 2/15/50 through 6/30/50. 16 Authorization under P.L. 472, 80th Congress, and appropriation under P.L. 793, 80th Congress, extended from 6/30/50 through 6/30/51. 17 Authorized President to utilize not more than 3 percent of funds appropriated for ERP under P.L. 759, 81st Congress. 18/ Transferred from Department of Defense appropriations. 19 from public debt funds. See Item No. 148. 29 $37,800,000 funds previously appropriated for FRP under P.L. 759, 818t Congress. $162,745,684 from funds previously appropriated for ERP under P.L. 759, 818t Congress, $27,254, 316 public debt funds. See Item No. 149. Subsequent to YY 1951 basic authorization and appropriation was made under Mutual Security Act. $60,063,250 18 included in totals for Mutual Security FY 1953, 37 P.L. 77, 83rd Congress, 6/25/53, authorizes the Commodity Credit Corporation to make available to Pakistan, out of wheat stocks acquired through price- support operations, not to exceed one million long tons of wheat. P.L. 40, 84th Congress, 5/23/55, appropriated $69,385,831 to reimburse Commodity Credit Corporation for its investment in wheat transferred to Pakistan by P.L. 77, 83rd Congress, 6/25/53. 610,976 long tons of wheat were moved. 38) Authorization to the Commodity Credit Corporation to expend not more than $100,000,000 out of its stocks for famine relief or other urgent relief re- quirements. P.L. 40, 84th Congress, 5/23/55, appropriated $9,545,830 to reimburse the Commodity Credit Corporation for "Emergency Panine Relief to Friendly People." 39/ Authorization to the Commodity Credit Corporation to expend not more than $300,000,000 out of its capital funds for famine relief and other assistance. No programs of assistance shall be undertaken under this authority after 6/30/57. The amount shown for the appropriation is estimated on the basis that all the authorization will be used. 40/ Title I of P.L. 480, 83rd Congress, authorized possible charges to the Commodity Credit Corporation capital fund in a three-year period ending 6/30/57, from the sale of surplus agricultural commodities for foreign currencies. Some of the foreign currencies may be used for foreign grants or loans. Amouate shown for appropriations are estimated on the basis that the total authorizations will so be used. 41/ Amounts shown are estimated value of commodities troreferred abroad through 6/30/55 under Section 416 of P.L. 439, 81st Congress, as amended by Section 302 of P.L. 480, 83rd Congress. 42 No dollar value stipulated in the authorization. No app.opriation required. Amount shown represents estimated value of transfers through 6/30/55. 43) Amounts shown are approximate values of credits utilized in fiscal year shown. Authorized under various Surplus Property Disposal Legislation. Item No. 101. 415900 O - 57 ( Face p. 3158) No. 4 23/ Reincorporated for three years - $5,000,000 per year. Local Currency This exhibit does not include local currency fundo generated or othervise made available pursuant to the various grant aid programs and utilized, or programmed for utilization, for the purposes of the authorizing statutes except for Item 132. Also, there are excluded local currencies generated, or to be generated, under the pro- bioloas of Section 550 of the Mutual Security Act of 1951, as amended, and Section 402 of the Mutual Security Act of 1954, as amended, or under the provisions of Public Law 480, 83rd Congress, relating to the use of surplus agricultural commodities. There are included, however, dollar funds appropriated for the Mutual Security Program but Congressionally earmarked for the purchase of surplus agricultural commodities by Section 550 of the Mutual Security Act of 1952, as amended, and Section 402 of the Mutual Security Act of 1954, as amended. FOREIGN AID 3153 1 Section 102. The following are hereby transferred to the Depart- ment of State: (a) All offices of the Foreign Operations Administration, exclusive of the office of Director of the Foreign Operations Administration. (b) The Institute of Inter-American Affairs and the functions vested in it by law, which functions shall remain therewith. (c) The International Development Advisory Board (68 Stat. 842) and the functions vested in it by law, which functions shall re- main therewith. (d) The Office of Small Business, provided for in section 504 (b) of the Mutual Security Act of 1954 (68 Stat. 851), and in section 101 (d) of Executive Order No. 10575 of November 6, 1954 (19 F. R. 7251). Section 103. (a) The Secretary of State shall establish, with the offices, personnel, and facilities transferred to the Department of State by or under section 102 (a) and 302 of this order, an agency in the Department of State which shall be known as the International Cooperation Administration. The agencies transferred by sections 102 (b), (c), and (d) of this order shall be made a part of or attached to the International Cooperation Administration. The International Cooperation Administration shall be headed by the Director of the International Cooperation Administration referred to in the first sentence of section 103 (b) of this order. The said Director shall report directly to the Secretary of State. Except as may be other- wise provided by the Secretary of State in respect of the matters referred to in section 104 of this order, the functions transferred by section 101 hereof shall be carried out by or under the International Cooperation Administration or the Director thereof. The said Ad- ministration, including all its officers and agencies, and all functions transferred by this Part shall be subject to the direction and control of the Secretary of State. To such extent as the Secretary of State shall prescribe, consistent with law and without diminishing assign- ments made or required to be made by this order to the International Cooperation Administration or the Director thereof, the said Ad- ministration and Director shall be deemed to be the successors of the Foreign Operations Administration and the Director thereof respectively, in respect of transfers to the Department of State and the Secretary of State made by this order. b) The title of Deputy Director of the Foreign Operations Ad- ministration is hereby changed to Director of the International Co- gperation Administration. The Director of the International Co- iperation Administration may, as he deems proper, change the title 1 and utilize in connection with the functions transferred by this order any other office of the Foreign Operations Administration Kansferred hereby. Section 104. (a) The Secretary of State, after consultation with the Secretary of Defense, shall make appropriate arrangements for carry- Supra. 415900-574-vol. 2-95 3154 AMERICAN FOREIGN POLICY, 1950–1955 ing out the function of coordination referred to in section 102 (c) (1) of Executive Order No. 10575 of November 6, 1954. (b) The Secretary of State or, if he shall so direct, the Director of the International Cooperation Administration shall (1) carry out the functions under the Mutual Defense Assistance Control Act of 1951? transferred by section 101 of this order, (2) carry out the functions under section 501 (a) (2) of the Mutual Security Act of 1951 (as con- tinued by section 525 of the Mutual Security Act of 1954), (3) make the determinations authorized by the last sentence of section 524 (6) of the Mutual Security Act of 1954, and (4) coordinate the functions of the International Cooperation Administration and other affairs of the Department of State. PART II. DEPARTMENT OF DEFENSE Section 201. So much of the functions under chapter 2 of Title I of the Mutual Security Act of 1954 now vested in or delegated to or otherwise conferred upon the Director of the Foreign Operations Ad- ministration or the Foreign Operations Administration as consists of furnishing to recipients eligible under that chapter, equipment, mate- rials, or services which are delivered or rendered directly to the mili- tary forces of the recipient country or its agent (including a civilian contractor with such force) for the exclusive use, or to be under the exclusive control, of such military forces and without entering into or being processed by the civilian economy of the recipient country ex- cept as above provided is hereby transferred to the Secretary of De- fense and the Department of Defense, respectively. Section 202. The determination of the value of the program for any country under so much of chapter 2 of Title I of the Mutual Se- curity Act of 1954 as pertains to the functions transferred by section 201 of this order shall be made by the Secretary of State. PART III. GENERAL PROVISIONS Section 301. As used in this order, the term functions includes powers, duties, authority, responsibilities, and discretion. Section 302. So much of the records, property, personnel, posi- tions, and unexpended balances of appropriations, allocations, and other funds of the Foreign Operations Administration as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of Defense. There are hereby transferred to the De- partment of State all other records, property, personnel, positions, and unexpended balances of appropriations, allocations, and other funds of the Foreign Operations Administration (including those of the Institute of Inter-American Affairs, the International Development Advisory Board, and the Office of Small Business, which shall be trans- ferred with those agencies, respectively). Such further measures and dispositions as the Director of the Bureau of the Budget may deem necessary in order to effectuate the transfers provided for in this sec- Supra, doc. 15. FOREIGN AID 3155 tion shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Section 303. (a) The Foreign Operations Administration, including the office of Director of the Foreign Operations Administration but excluding all other offices of, and all agencies and positions of, the Foreign Operations Administration, and excluding also all functions transferred by the provisions of this order, is hereby abolished. (b) The memberships of the Director of the Foreign Operations Administration on the following bodies, together with the functions of the said Director in his capacity as member of each thereof, are hereby abolished: (1) The National Security Council, (2) the Opera- tions Coordinating Board, (3) the Council on Foreign Economic Pol- icy, (4) the Interagency Committee on Agricultural Surplus Disposal, (5) the Defense Mobilization Board, and (6) the Interdepartmental Committee on Trade Agreements: Provided, That the Director of the International Cooperation Administration' or his designated repre- sentative shall participate in the deliberations, and assist in connection with the affairs, of the bodies mentioned in items (2) to (6), inclusive, above, and of the Committee for Reciprocity Information. Section 304. Nothing in this order shall be construed to derogate from the authority of the President, after the date of approval of this order, (1) to delegate functions conferred upon him by the Mutual Security Act of 1954 or by other law other than as transferred or other- wise assigned by this order, (2) to transfer to any agency or officer of the United States, or to modify or abolish, any function, office, or entity of the Foreign Operations Administration or the successor thereof or any officer or employee thereof, or (3) to transfer such per- sonnel, property, records, and funds as may be necessary incident Section 305. Except to the extent inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, or- ders, directives, contracts, agreements, and other actions issued, un- dertaken, or entered into with respect to any function affected by this order and not heretofore revoked, superseded, or otherwise made in- applicable, shall continue in full force and effect until amended, modi- fied, or terminated by appropriate authority; but any reference therein to any officer or agency abolished by this order shall hereafter be deemed to be a reference to the appropriate successor officer or agency under this order. Section 306. This order shall become effective at the close of 1 thereto. . r 2 . June 30, 1955. l t DWIGHT D. EISENHOWER 1 : 3156 AMERICAN FOREIGN POLICY, 1950-1955 20. COUNTRIES HAVING ENTERED INTO ARRANGEMENTS FOR GRANT MILITARY AID UNDER THE MUTUAL SECURITY PROGRAM: Map, December 31, 1955 1 . 1 Ninth Semiannual Report to Congress on the Mutual Security Program for the six months ended December 31, 1955 (1956), p. 12. T per 37 IN EUROPE NORWAY UNITED KINGDOM GERMANY (FED. REP.) BELGIUM FRANCE SPAIN BENMARK NETHERLANRS BUXEMBOURG YUGOSLAVIA m 0 IN AFRICA & ASIA JAPAN PORTUGAL SIN LATIN AMERICA PAKISTAN REP. OF KOREA CUBA HAITI DOMINICAN REP. HONDURAS NICARAGUA REP. OF CHINA LAOS CAMBODIA FREE VIET NAM PHILIPPINES IRAN GUATEMALA ETHIOPIA COLOMBIA THAILAND ECUADOR PERU BRAZIL CHILE URUGUAY Countries which have signed grant military oid agreements Other free world countries Soviet bloc countrie As of Dec. 31, 1955 3158 AMERICAN FOREIGN POLICY, 1950-1955 1 Post World War II Foreign Aid Legislation-Grant and Loan Funds Authorized and Appropriated for Major Foreign Aid Programs of the United States, 1945-1956, tion Administration, Jan. 27, 1956. For similar information for the period by the Clearing Office for Foreign Transactions, Department of Commerce (1952), G. STATISTICAL REVIEW OF THE FOREIGN AID PROGRAMS, 1945-1955 21. POST WORLD WAR II FOREIGN AID LEGISLATION- GRANT AND LOAN FUNDS AUTHORIZED AND APPRO- PRIATED FOR MAJOR FOREIGN AID PROGRAMS OF THE UNITED STATES, 1945-1956: Tabular Compilation, January 27, 1956 1 [See following chart] Appendix Tables L to N, pp. 107-118. FOREIGN AID 3159 nations receiving assistance, when such assistance provided under section chapter 3, Defense Support, of the Mutual Security Act of 1954, as material from the Office of Business Economics, U. S. Department of Commerce. 22. UNITED STATES GOVERNMENT FOREIGN GRANTS AND CREDITS, POSTWAR DECADE, JULY 1, 1945, THROUGH JUNE 30, 1955: Tabular Compilation by Program (Military and Other) and by Area, November 4, 1955 (Excerpt) 1 (Prefatory Note: Grants are largely outright gifts for which no payment is expected, or which at most involve an obligation on the part of the receiver to extend aid to the United States or other countries to achieve a common objective. Credits are loan disbursements or transfers under other agreements which give rise to specific obligations to repay, over a period of years, usually with interest. In some instances assistance has been given with the understanding that a decision as to repayment will be made at a later date; such assistance is included in grants. At such time as an agreement is reached for repayment over a period of years, a credit is established. Such credits, cannot, as a rule, be deducted from specific grants recorded in previous periods; an adjustment for grants converted into credits is made at the time of agreement. All known returns to the United States Government stemming from grants and credits are taken into account in net grants and net credits. The measure of foreign grants and credits generally is in terms of goods delivered or shipped by the United States Government, services rendered by the United States Government, or cash disbursed by the United States Government to or for the account of a foreign government or other foreign entity. The Government's capital investments in the International Bank ($635 million) and International Monetary Fund ($2,750 million) are not included in these data although they constitute an additional measure taken by this Government to promote foreign economic recovery. Payments made to these international financial institutions do not result in immediate equivalent aid to foreign countries. Use of available dollar funds is largely determined by the managements of the two institutions, subject to certain controls which can be exercised by the United States Government. Mutual security military grants" include mutual security program aid for common-use items which are to be used by military forces of 123 of the Mutual Security Act of 1954, as amended, is administered in accordance with chapter 1, Military Assistance, of Title I of that act. "Mutual security other grants" include (1) mutual security program aid for economic and technical assistance use from military aid appropria- tions, (2) mutual security program aid from appropriations for common- use items which are to be used by military forces of nations receiving assistance, when such assistance is administered in accordance with amended, and (3) also transfer of funds for the support of forces of Cam- bodia, Laos, and Vietnam (and forces of France located in such states) and of funds in support of production for forces support. “Military equipment loans" are included in this report as part of military grants; these "loans" are essentially transfers on an indetermi- nate basis, generally requiring only the return of the identical item, if available. In essence, this was the requirement pertaining to wartime lend-lease transfers of watercraft, which were included as grant transfers 1 U. S. Government Foreign Grants and Credits, Postwar Decade, July 1, 1945, through June 30, 1955, prepared in the Budget Division, Office of the Controller, International Cooperation Administration, Nov. 4, 1955, pp. 1-2; using source This compilation also includes a breakdown of the major areas, listing 86 different countries, specific international organizations, etc.---not reproduced here. The Prefatory Note is a definition of terms used in the chart, and appeared as an introduction to the chart. "*"-i ... 3160 AMERICAN FOREIGN POLICY, 1950–1955 in these data. The transfers reported for Canada represent the loan and return of aircraft, for example, under the program announced by the Defense Department August 15, 1952. “Special country programs” include Greek Turkish aid, Chinese mili- tary aid, Chinese stabilization, Philippine rehabilitation, Yugoslav aid, Berlin investment fund, Libyan special purpose fund under exchange of notes of September 9, 1954, and Mexican foot-and-mouth disease eradica- tion program. For security reasons data by country do not include the military aid furnished principally under the mutual security program. In these exhibits, the military assistance under mutual security is reflected in summary manner in the appropriate geographical area. Transfers of military assistance generally reflect the area of consignment of the equipment; in particular data for Asia and Pacific include shipments to Indochina (Cambodia, Laos, and Vietnam) while those for Western Europe include shipments to France, a part of which may have replaced equipment used by the French forces in Indochina. Because of the inclusion of dependencies in the grouping "Western Europe," data shown for other groupings, particularly “Near East and Africa," are correspond- ingly understated. The aid shown in the table includes credits which have been extended to private entities in the country specified; the net credit shown for Canada, for example, represents credits extended to private entities in Canada. Country data include grants of Government agricultural surpluses through American voluntary relief agencies and international organizations. Columns may not add in all instances due to rounding of figures.] [See following chart] *** The SUMMARY OF FOREIGN GRANTS AND CREDITS UNITED STATES GOVERNMENT FOREIGN GRANTS AND CREDITS --BY PROGRAM, MILITARY AND OTHER, BY COUNTRY Postwar Decade, July 1, 1945 through June 30, 1955 WORLD-WIDE Total Military (In thousands of dollars) TOTAL WESTERN EUROPE Total Military TOTAL Other Program TOTAL EASTERN EUROPE Other TOTAL NEAR EAS AND AFRICA Militry Other Other Total ET GRANTS & CREDITS.. $51,336,208 $14,663,454 $36,672,754 $33,408,941 $9,028,887 $24,380,054 $1,100,684 $4,316,387 $1,884528 $2,431,859 NET GRANTS. 40,349,300 14,663,454 25,685,847 24,736, 733 9,028,887 15,707,846 798,066 3,806,977 1,884528 1,922,449 Gross New Grants. 44,098,638 14,826,766 29,271,873 27,813,441 9,111,667 18,701,774 1,059,891 4,016,599 1,899101 2,117,498 Mutual security... 30,268,564 13,194,953 17,073,611 22,474,475 9,054,311 / 13,420,164 23,221 2,946,579 1,347559 1,599,020 Civilian supplies... 5,844,338 5,844,338 2,678,728 2,678,728 UNRRA, post-UNRRA, and interim aid.. 3,443,092 3,443,092 1,575,997 1,575,997 756,588 317,791 317,791 Lend-lease... 1,905,589 679,073 1,226,516 837,793 837,793 277,348 8,297 8,297 Special country programs. 1,675,896 649,934 1,025,962 50,417 50,417 657,686 530,202 127,484 Military equipment loans. 302, 806 302,806 57,355 57,355 21,340 21,340 Other. 658,355 658,355 138,674 138, 674 2,732 64,906 64,906 Le88: Prior grants converted into credits. 2,256,266 2,256,266 1,969,707 1,969,707 222,493 8,741 8,741 Less: Reverse grants and returns. 1,493,072 163,311 1,329,761 1,107,001 82,780 1,024,221 39,332 200,881 14,573 186,308 Mutual security counterpart funds.. 812, 302 36,833 775,469 682,261 26,604 655,657 89,904 1,018 88,886 Reverse lend-lease. 133,421 133,421 107,146 107,146 Casb war-account settlements for lend-lease and other grants.. 119,509 119,509 173 97,000 97,000 Return of lend-lease ships.. 423,074 122,514 300,560 316,792 56,176 260,616 39,159 13,977 13,555 422 Return of civilian supplies..... 803 803 803 803 Return of military equipment loans, 3,964 3,964 NET CREDITS. 10,986, 908 10,986,908 8,672,208 8,672,208 302,618 509,410 509, 410 Gross New Credits. 12,116,274 12,116,274 8,581,657 8,581,657 123,220 657,270 657,270 Export-Import Bank (including agent-banks)..... 4,475,937 4,475,937 2,304,980 2,304,980 61,984 319, 616 319,616 British loan... 3,750,000 3,750,000 3,750,000 3,750,000 Mutual security... 1,844,175 1,844,175 1,461,347 1,461,347 159,537 159,537 1,485,429 1,485,429 1,005, 412 1,005,412 61,236 152,001 152,001 Surplus property (including merchant ships).... Lend-lease (excluding settlement credits)...... 70,572 70,572 22,884 22,884 18,532 18,532 Other. 490,160 490,160 37,030 37,030 7,581 7,581 Plus: Prior grants converted into credits... 2,256,266 2,256,266 1,969,707 1,969, 707 222,493 8,741 8,741 Less: Principal collections.. 3,385,632 3,385,632 1,879,155 1,879,155 43,095 156,601 156,601 Export-Import Bank (including agent-banks)..... 1,951,969 1,951,969 1,009,449 1,009,449 29,645 63,410 63,420 British loan.... 182,737 182,737 182,737 182,737 Mutual security.... 32,420 III 32,420 27,881 27,881 1,539 4,539 Surplus property (including merchant ships).... 418,913 418,913 255,968 255,968 13,449 64,405 64,405 Grants converted into credits. 100,388 100,388 84,100 84,100 7,950 7,950 415900 - 57 ( Face p. 3160) No. 1 Lend-lease (excluding settlement credits)...... 62,703 62,703 10,220 10,220 150 150 Other.. 636,502 636,502 308,799 308,799 16,146 16,146 al Includes contributions to the multilateral-construction program of the North Atlantic Treaty Organization, some part of which may be disbursed in Greece and Turkey, as NATO members. SUMMARY OF FOREIGN GRANTS AND CREDITS UNITED STATES GOVERNMENT FOREIGN GRANTS AND CREDITS --BY PROGRAM, MILITARY AND OTHER, BY COUNTRY Postwar Decade, July 1, 1945 through June 30, 1955 (In thousands of dollars) TOTAL ASIA AND PACIFIC Military TOTAL AMERICAN REPUBLICS Military TOTAL CANADA Military TOTAL UNSPECIFIED INTERNATIONAL ORGANIZATIONS AND AREAS Total Military Other Total Total Other Other Total Program Other $10,153,216 $6,778,622 $3,374,594 $1,236,531 $224,419 $1,012,112 $ 5,780 - $ $ 5,780 NET GRANTS & CREDITS... $1,114,675 $151,028 $963,647 9,468,040 3,374,594 NET GRANTS. 6,093,446 484,816 224,419 260,397 1,054,675 151,028 903,647 9,609,461 3,383, 303 6,226,158 Gross New Grants... 540, 612 277,704 262,908 3,964 3,964 1,054,675 151,028 903,647 Mutual security... 4,142,808 2,364,351 1,778,457 383,774 277,704 106,070 297,707 151,028 246,679 Civilian supplies... 3,165,610 3,165,610 UNRRA, post-UNRRA, and interim aid.... 415,563 415,563 377,153 377,153 Lend-lease... 747,018 679,073 67,945 5,769 5,769 29,364 29,364 Special country programs 873,902 119,732 754,170 93,891 93,891 Military equipment loans. 220,147 220,147 3,964 3,964 Other.. 44,416 44,416 57,176 57,176 350,451 350,451 Le86: Prior grants converted into credits.... 53,181 53,181 2,144 2,144 1 Less: Reverse grants and returns. 88,240 8,709 79,531 53,652 53,285 367 3,964 3,964 39,629 8,709 Mutual security counterpart funds..... 30,920 508 502 6 1 . 1 Reverse lend-lease... 26,275 26,275 . 1 Cash war-account settlements for lend-lease and other grants... 22,336 22,336 Return of lend-lease ships.. 53,146 52,783 363 1 Return of civilian supplies... Return of military equipment loans.. 3,964 - 3,964 - 1 . NET CREDITS. 685,176 685,176 751,715 751,715 5,780 5,780 60,000 U 60,000 Groba New Credits.. 1,279,698 1,279,698 1,246,236 1,246,236 163,194 163,194 65,000 65,000 Export-Import Bank (including agent-banks).... 431,485 431,485 1,212,170 1,212,170 145,700 145,700 British loan, Mutual security.. 223,290 223,290 Surplus property (including merchant ships)... 241,975 241,975 24,804 24,804 Lend-lease (excluding settlement credits)..... 29,156 29,156 Other.... 353,792 353,792 9,262 - 9,262 17,494 17,494 65,000 65,000 Plus: Prior grants converted into credits..... 53,181 53,181 2,144 U 2,144 Less: Principal collections. 647,703 647,703 496,665 496,665 157,414 157,414 5,000 5,000 280,358 280,358 423,406 423,406 145,700 145,700 Export-Import Bank (including agent-banks).... British loan.. Mutual security. Surplus property (including merchant ships)... 66,855 66,855 415900 O- 57 ( Face p. 3160) No. 2 18,234 18,234 1 Grants converted into credits... 6,192 6,192 2,144 2,144 Lend-lease (excluding settlement credits)..... 52,333 52,333 Other... 294,294 294, 294 551 551 11,714 . 11,714 5,000 5,000 Part XIX NTERNATIONAL INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS ORGANIZATION OF THE UNITED STATES OVERSEAS INFORMATION AND EDUCATIONAL EXCHANGE FUNC- TIONS, 1938–1953 1 From the termination of the Creel Committee (Committee on Public nformation, George Creel, Chairman; established by Executive Order, pril 14, 1917) in 1919 to the end of World War II, the only semblance a concerted overseas information program consisted of the informa- ional activities undertaken in the late 1930's in connection with the nter-American System. These activit led to the establishment in 938 of the first specialized machiner he Department of State to deal with international information functions—the Division of Cul- tural Relations (Departmental Order 768, July 28, 1938); as well as ation of the Interdepartmental Committee on Scientific and ilal Cooperation (first meeting as "Committee on Cooperation th American Republics,” May 26, 1938);? and, on August 16, 940, the Office for Coordination of Commercial and Cultural Rela- dons between the American Republics (changed on July 30, 1941 to Office of Coordinator of Inter-American Affairs, on March 23, 1945 to Vffice of Inter-American Affairs; terminated May 20, 1946). The World War II programs started "from scratch,” aside from the activities in the American Hemisphere, and evolved in a more or ess haphazard manner. The American Hemisphere program was as a supplement to broad commercial and social wartime programs. For other areas, the overseas information program was oined with the domestic information program, first under the Coordi- ator of Information, then in the Office of War Information (OWI). hus quite distinct bases of organization were followed in the different During World War II, the Department of State's role in the field of * Adapted from Senate Committee on Foreign Relations, Subcommittee on verseas Information Programs of the United States, Organization of the United tates Overseas Information Functions (Staff Study No. 4; Committee Print, 1953). Department of State Press Releases, XVIII, p. 610. By November 1938 it as generally called the "Inter-Departmental Committee on Cooperation with the merican Republics.". It became the Interdepartmental Committee on Scientific od Cultural Cooperation in December 1945. 3161 developed reas. -:1 3162 AMERICAN FOREIGN POLICY, 1950-1955 hion international information activities, as distinguished from purely Mar cultural relations, was chiefly that of furnishing essential information resp and policy guidance to the civilian and military information agencies . Info Up to 1944, this role was performed in part by the Division of Current polie Information (established by Departmental Order 206, May 24, 1921), Dani and in part directly by the geographical officers of the Department . men In the field of cultural relations, the Division of Cultural Relations, DIA and the Interdepartmental Committee on Scientific and Cultural The Cooperation were concerned primarily with the inter-American Mar program. On January 15, 1944 (Departmental Order 1218), the Department Secr . created an Office of Public Information, into which most of its domestic T and foreign information functions, including cultural relations, were lugu grouped. The new Office was under the Assistant Secretary for fect Administration. On December 20, 1944 (Departmental Order 1301), greater recogni- loop tion was given information functions by the creation of the position of LA. Assistant Secretary in charge of Public and Cultural Relations (later sets Public Affairs). The name of the Office of Public Information was state changed to the Office of Public Affairs-under the new Assistant servi Secretary. Within this Office a new International Information Divi- sion took over the overseas information activities, while the Division of Cultural Cooperation handled the cultural relations program. With the transfer of the overseas functions of the Office of War 2. Information and the Office of Inter-American Affairs (Executive Order 9608, August 31, 1945), the Department established (Depart- mental Order 1336) the Office of International Information and Cultural Affairs (OIĆ). The Office of Public Affairs was left with the la responsibility for the Department's work in domestic public affairs. for By the end of 1945, the OC had emerged as the agency chiefly respon- M sible for the administration of the Department's overseas informational o sp and cultural relations functions. The office contained five operating doing divisions: Press and Publications, Broadcasting, Motion Pictures, Unit Exchange of Persons, and Libraries and Institutes. It remained forlo essentially unaltered until the fall of 1947, when its program was 1 Se greatly curtailed because of drastic reductions in its appropriations. Se On August 15, 1947, the title of OIC was changed Departmental D Announcement 685) to the Office of Information and Education Exchange (OIE). the be Following the passage of the Smith-Mundt Act (United States even the Information and Educational Exchange Act, Public Law 402, January live ir 27, 1948) · and the granting of additional funds, OIE was split into two in Ju units (Departmental Announcements 12, 14, 15, April 22, 1948); luppo Office of International Information (QII) and Office of Educational or Exchange (OEX). The Smith-Mundt Áct and the Fulbright Act (Public Law 584, August 1, 1946) 2 made possible great expansion of the exchange program. Late in 1949, the Department of State created (see Public Notice 34 Depa. 1236) excha The P 1951 fecti satior 1 A Decade of American Foreign Policy, pp. 1224-1234. * Ibid., pp. 1235–1236. INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3163 1 y March 6, 1950) the position of a General Manager, who was made ne responsible for formulating and executing the over-all International 3. Information and Educational Exchange Program (IE), within the at policy directives of the Assistant Secretary for Public Affairs. On ), January 16, 1952, a major reorganization Departmental Announce- t. Jnent 4) established the International Information Administration 78 IIA), described as a "semiautonomous” unit in the Department. al The Administrator of the new unit combined the duties of the General in Manager of IE with most of the overseas information responsibilities of the Assistant Secretary for Public Affairs, reporting directly to the at secretary and Under Secretary of State. ic The United States Information Agency (USTA) was established on re kugust 1, 1953,2 as independent of the Department of State, but sub- or fect to policy guidance therefrom. USIA also absorbed the informa- sion functions of the Mutual Security Agency and the Technical 1- Cooperation Administration, already to some extent integrated under of JA. The exchange program under the Fulbright and Smith-Mundt er slots and certain other legislation remained in the Department of as state to be administered by the International Educational Exchange At Service (IES) under the Assistant Secretary for Public Affairs. i- of ar (1 2. THE CAMPAIGN OF TRUTH: Address by the President, ve April 20, 1950 (Excerpt)3 t- nd be I am convinced that we should greatly extend and strengthen our 's. forts for making the truth known to people in all the world. - Most of us have recognized for years, of course, how important it is al bo spread the truth about freedom and democracy. We are already 18 oing some very good work-through the Voice of America and the $, Inited States information offices and libraries in many parts of the ad orld, through the exchange of students, through the United Nations AS S. See infra, doc. 5. al See infra, doc. 7. Delivered before the American Society of Newspaper Editors, Washington; Department of State Bulletin, May 1, 1950, pp. 669-672. This address marked de beginning of a greatly expanded information program, with further impetus es given by the first Soviet atomic explosion, a National Security Council reappraisal 7 the Nation's position in the world (calling for, in part, an expanded and aggres- we information program), and the Communist invasion of the Republic of Korea in June 25, 1950. Congress appropriated $79 million for the fiscal year 1951 in apport of the expanded program, which was 24 times the appropriation granted al fiscal year 1960, and 4 times that for 1949. The basic authority under which it program operated in the Department of State was the Fulbright Act of 1946 PL 584, 79th Cong., 2d sess.; A Decade of American Foreign Policy, pp. 1235– of 1236) and the Smith-Mundt Act (the United States Information and Educational exchange Act of 1948, PL 402, 80th Cong., 2d sess.; ibid., pp. 1224-1234). The Psychological Strategy Board, established by Presidential directive of June 20, 1961 (infra, doc. 4), attempted to provide high-level guidance for the more diective planning, coordination and conduct, within the framework of approved ational policies, of psychological operations. TO be 1 Or re Cl st re m I ur fo fo Il effi foi pr ne pr R 1 ing to people behind the Iron Curtain the true story of world events: have had the valuable aid of the United States Advisory Commission 3164 AMERICAN FOREIGN POLICY, 1950–1955 and its affiliated organizations, and in other ways. But events have shown, I believe, that we need to do much more, both ourselves and in collaboration with the other free nations. We must use every means at our command, private as well as governmental, to get the truth to other peoples. Private groups and organizations have an important part to play. Our labor unions have already done fine work in communicating with labor in Europe, in Latin America, and elsewhere. The story of free American labor, told by American trade unionists, is a better weapon against Communist propaganda among workers in other countries than any number of speeches by government officials. The same principle applies to other groups. The best way for farmers in other countries to find out about us is to talk directly with our own farmers. Our business men can speak directly to businessmen abroad. We need to promote much more direct contact between our people and those of other countries. We should encourage many more people from other countries to visit us here, to see for themselves what is true and what is not true about our country. We should find more opportunities for foreign students to study in our schools and universities. They will learn here the skills and techniques needed in their own countries . They will also see at first hand the rights and duties of citizens in our land of democratic institutions. Our colleges should train more Americans to go abroad as teachers, especially to teach modern methods of farming, industry, and public health-and, by example, to teach our concepts of democracy. The notable record of our many charitable and religious organizations who send teachers abroad is proof of what can be done. Another major part of our effort must be carried out through our great public information channels-newspapers and magazines, radio , and motion pictures. We must strive constantly to break down or leap over barriers to free communication wherever they exist. We must make full use of every effective means of communicating informa- tion, in simple, understandable form, to people whose backgrounds and cultures are different from ours. This poses an enormous challenge to groups such as yours, a chal lenge which can be met only by extraordinary inventiveness and enterprise. I am confident that the American press can and will make a tremendously useful contribution toward finding new solutions. The Government's programs for telling the truth about the United States to the peoples of the world also need constant improvement . Our present overseas information and educational exchange program is getting results. For example, the Voice of America has been carry : It has been so successful that the Soviet Government is using a vast amount of costly equipment in an attempt to drown out our broadcasts by jamming. We must devise ways to break through that jamming and get our message across. And we must improve and strengthen This is not a conclusion reached by Government officials alone. We un th ale wh tas ad ha for pe aid pro of nis of mo mi tru an of no for sel pre an 1 2 INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3165 on Information created by the Congress. Your own society is ably represented on that Commission by Mark Ethridge and Erwin D. Canham. The members of the Commission have given intensive study to the overseas information program and have made repeated recommendations that it be substantially expanded. Similar recom- mendations for the exchange program have been made by the Ad- visory Commission on Education, headed by Dr. Harvie Branscomb. I have been glad to see that many Members of the Congress have urged an improved and expanded program in these fields—as shown, for example, by the resolution introduced recently by Senator Benton for himself and a number of his colleagues. Because of the pressing need to increase our efforts along this line, I have directed the Secretary of State to plan a strengthened and more effective national effort to use the great power of truth in working for peace. This effort will require the imagination and energies of private individuals and groups throughout the country. We shall need to use fully all the private and governmental means that have proved successful so far and to discover and employ new ones. REACHING UPWARD THROUGH TRUTH Our task is to present the truth to the millions of people who are uninformed or misinformed or unconvinced. Our task is to reach them in their daily lives, as they work and learn. We must be alert, ingenious, and diligent in reaching peoples of other countries, whatever their educational and cultural backgrounds may be. Our task is to show them that freedom is the way to economic and social advancement, the way to political independence, the way to strength, happiness, and peace. This task is not separate and distinct from other elements of our foreign policy. It is a necessary part of all we are doing to build a peaceful world. It is as important as armed strength or economic aid. The Marshall Plan, military aid, Point 4-these and other programs depend for their success on the understanding and support our own citizens and those of other countries. We must make ourselves known as we really are not as Commu- nist propaganda pictures us. We must pool our efforts with those of the other free peoples in a sustained, intensified program to pro- mote the cause of freedom against the propaganda of slavery. We must make ourselves heard round the world in a great campaign of We have tremendous advantages in the struggle for men's minds and loyalties. We have truth and freedom on our side. The appeal of free institutions and self-government springs from the deepest and noblest aspirations of mankind. It is based on every man's desire for liberty and opportunity. It is based on every man's wish to be self-reliant and to shape his own destiny. As we go forward with our campaign of truth, we will make lasting progress toward the kind of world we seek-a world in which men and nations live not as enemies but as brothers. The Commission was established by sec. 601 of the Smith-Mundt Act. Similarly established. truth. 1 2 3. PROGRAMS CONDUCTED 3. PROGRAMS CONDUCTED BY THE DEPARTMENT OF STATE IN 1950 TO PROVIDE A TWO WAY STREET: : Chart, June 30, 1950 1 PROGRAM FUNDS* AREAS AFFECTED AUTHORIZATION EUROPE & BRITISH COMMONWEALTH PROGRAM NEAR EAST, SOUTH ASIA, AND AFRICA FAR EAST AMERICAN REPUBLICS Under Program Under the Buenos Aires Treaty (Convention for the Promotion of Inter- American Cultural Relations): Provides for Exchange of Professors, Teachers, and Stu. dents, Between the United States and 16 Other American Republics. Buenos Aires Treaty of 19/93/36 USIE Program $1,196,539 Philippine Rehabilitation Program: Provide grants for Philippine citizens for training in the United States in scientific, technical, and public service felch. P. L. 370 79th Congress (os amended by P. L. 809 of the soch Congress). 0 Dollar equiva. lant in foreign currencies $4,965,000 Dollo equiva. lone in foreign currencies $1,931,214 Dollar equiva. lant in foreign currencies $800,000 Program Under the Fulbright Act: Provides for the Exchange of Students, Teachers, Professors and Research Scholars Between the United States and Certain Other Coun. tries (Financed by Foreign Currencies Ob- tained from the sale of United States Surplus Property). P. L. 584 79th Congress. 邊疆 ​3 $990,000 Institute of Inter-American Allairs Program: Provides o United States Agency, To Col. laborate with Countries of the American Republics in Planning, Financing, and Executing Special Technical Programs. P. L. 369 Both Congress (os amended by P. L. 283 of the 8154 Congress). 3 3106 $803,156 $981,464 $945,090 $3,838,096 P. L. 402- Both Congress. USIE Program: Provides lois World-Wide Program of Information and Educational, Cultural, Scientific, and Technical Exchange ol Persons and Materials Between the United States and Other Cooperating Nations. (Funds Shown Provide for the USIE Educational Exchange Activities Described in the Body of this Report, Exclusive of such Operating costs Overseas os Salories and Expenses of American and Local Employees, Rent and Utilities, Etc..). un $964,499 Program for Exchanges With Finland; Pro- vides for a Program of Exchange of Persons & Educational, Scientific, and Technical Materials Between the U. S. and Finland; to be Financed by Payments on World Wor Debts by Finland. P. L. 965- 0194 Congress. [第 ​$1,560,899 Chinese Student Aid Program: Provides U. S. Financial Assistance to Needy Chinese Students in the United States. P.L. 397-- U15 Congress 1 $8,181,843 Garmon Information and Educational Ex- change Program: Provides for information and educational exchange program with the Western Zone of Occupied Germany, (Funds shown for Educational Exchange only). P. L. 397- 8151 Congress. *The cost of domestic operations of these programs was $2,041,188 which included professional and technical services, screening, placement, and guidance of foreign grantees, orientation services, services to private and Government programs, and cost of direct management and administration. **The program for aid to destitute Chinese students in the United States, initiated in fiscal year 1919 by an allocation of $500,000 from ECA to the Department of State, was expanded in 1950 when a total of $10,000,000 was appropriated to be available until expended. 1 Two Way Street: International, Educational and Technical Exchange in Fiscal Year--1950. Report of the United States Advisory Commission on Educational Exchange, June 30, 1950 (Department of State publicatiop 3893; 1950), p. 3. 3167 mi Q sig - ag ор ne ex an 5. $ assist in carrying out his responsibilities. The director shall determine agencies for assignment to full-time duty or on an ad hoc task force to necessary personnel procedures within their respective depart- director and the staff such assistance and access to information as 3168 AMERICAN FOREIGN POLICY, 1950–1955 4. ESTABLISHMENT OF THE PSYCHOLOGICAL STRATEGY BOARD: Presidential Directive, June 20, 1951 1 DIRECTIVE TO: The Secretary of State The Secretary of Defense The Director of Central Intelligence It is the purpose of this directive to authorize and provide for the more effective planning, coordination, and conduct, within the frame- work of approved national policies, of psychological operations. There is hereby established a Psychological Strategy Board re- sponsible, within the purposes and terms of this directive, for the formulation and promulgation, as guidance to the departments and agencies responsible for psychological operations, of over-all national psychological objectives, policies and programs, and for the coordina- tion and evaluation of the national psychological effort. The Board will report to the National Security Council on the Board's activities and on its evaluation of the national psychological operations, including implementation of approved objectives, policies , and programs by the departments and agencies concerned. The Board shall be composed of: a. The Undersecretary of State, the Deputy Secretary of Defense and the Director of Central Intelligence, or, in their absence, their appropriate designees; b. An appropriate representative of the head of each such other department or agency of the Government as may, from time to time, be determined by the Board. The Board shall designate one of its members as chairman. A representative of the Joint Chiefs of Staff shall sit with the Board as its principal military adviser in order that the Board may ensure that its objectives, policies, and programs shall be related to approved plans for military operations. There is established under the Board, a director, who shall be designated by the President and who shall receive compensation of 16 thousand dollars per year. The director, within the limits of funds and personnel made avail- able by the Board for this purpose, shall organize and direct a staf to individuals employed for this purpose, including part-time expertos and/or individuals detailed from the participating departments and this directive shall be under the centren of the director, subject only ments and agencies. The participating departments and agencies shall afford to the Ini thu pri to UP ga &C an Ad fo: Se C Cr fo th 1 Department of State Bulletin, July 2, 1951, p. 36. 19 INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3169 | Secretary is responsible. may be specifically requested by the director in carrying out his as- signed duties. The heads of the departments and agencies concerned shall ex- amine into present arrangements within their departments and agencies for the conduct, direction, and coordination of psychological operations with a view toward readjusting or strengthening them if necessary to carry out the purposes of this directive. In performing its functions, the Board shall utilize to the maximum extent the facilities and resources of the participating departments and agencies. HARRY S. TRUMAN 5. ESTABLISHMENT OF THE UNITED STATES INTERNA- TIONAL INFORMATION ADMINISTRATION (IIA) IN THE DEPARTMENT OF STATE: Departmental Announcement 4, January 16, 1952 1 1. Purpose The purpose of this announcement is to establish the United States International Information Administration (IIA) for the conduct of the Department's international information and educational exchange programs, to describe the functions assigned to this organization and to the Assistant Secretary of State for Public Affairs and the functions with respect to IIA programs assigned to other areas of the Depart- ment, and to maintain and further strengthen integration of the United States international information and educational exchange programs with the conduct of foreign relations generally. 2. Establishment of United States International Information Admin- istration There is hereby established within the Department of State the United States International Information Administration. This or- ganization shall be headed by an Administrator who shall be directly accountable to the Secretary and the Under Secretary for the planning and execution of the Department's programs under the Smith-Mundt Act (Public Law 402, 80th Congress) 2 and related legislation and other foreign information' activities for the administration of which the 3. Administrator of the United States International Information Ad- ministration a. Serves as Chairman of the Psychological Operations Coordinating Committee 3 and discharges the responsibility of the Secretary of State for international information and educational exchange programs in the interdepartmental field. Not previously published. A Decade of American Foreign Policy, pp. 1224–1234. Established Aug. 17, 1950; see the Department of State Bulletin, Aug. 28, 1950, p. 335. 41590057-Vol. 2 -96 3170 AMERICAN FOREIGN POLICY, 1950-1955 to bi th th ec A al 81 PI PI SU United Nations Affairs, plans and implements UNESCO's programs Department and UNESCO and between the National Commission dom of information encountered in operations of public affairs pro- f. Advises the Bureau of United Nations Affairs of obstacles to free- munications industries to interpret and to secure advice and support grams; assures the maintenance of liaison with American mass com- for United States policies and actions related to freedom of infor b. Directs the development of international information and edu- cational exchange (IIA) policies designed to implement and strengthen the foreign policies of the United States, with the advice of the regional bureaus and other areas of the Department as appropriate and with the aid of guidance from the Assistant Secretary of State for Public Affairs. c. Directs the planning of IIA programs, with the advice of the regional bureaus. d. Directs the execution of all IIA programs at home and abroad, submitting field communications for the advice or review of those areas of the Department having specific advice or review authority with respect to the matters dealt with in such communications. e. Determines the selection and assignment of personnel to the IIA program, at home and abroad, under the personnel policies and pro- cedures applicable to the IIA program, securing the review of the re- gional bureaus as to the selection of the chief public affairs officers at posts abroad and their advice as to their principal subordinates. 4. Assistant Secretary for Public Affairs a. Participates in the formulation of policy of the Department from the standpoint of public opinion factors and advises the Secretary , the Under Secretary, and other top staff of the Department on public opinion factors, domestic and foreign, involved in the formulation of departmental policy. b. Develops policies on public information and directs the execution of programs designed to keep the United States public informed on international affairs and to maintain contacts between the Depart- ment and the United States public. c. Provides guidance to the development of international informa- tion and educational exchange policies and serves as the staff officer to the Secretary responsible for the approval of major IIA policy guidances. d. Develops policies for and supervises the conduct of a program research on American policy, historically considered, for use of the Department and the public, in consultation with other areas of the Department. e. Develops policies on substantive matters relating to United States participation in UNESCO, subject to review by the Bureau of in this country, serves as the channel of communication between the reau of United Nations Affairs pertaining to UNESCO. mation. CE SI 0 a fo W fo of S ti INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3171 5. Regional Bureaus The responsibility and authority of the regional bureaus with respect to information policy for their areas are not changed. The regional bureaus shall have the following functions with respect to programs of the United States International Information Administration: a. State the foreign policies applicable to the region as a basis for the development of international information and exchange policies. b. Advise II A on the development of international information and educational exchange policies applicable to their regions and the Assistant Secretary for Public Affairs on policy guidance to IIA. c. Consider and advise IIA on program plans applicable to their areas, with the right of appeal in the event of differences. d. As requested by IIA, or upon own initiative, advises IIA on the area suitability of ITA materials and activities. e. Advise IIA on the total IIA complement to be stationed at each post. f. Review the IIA selection of the chief public affairs officer for each post and advise on the selection of his principal subordinates. g. Advise IIA on budgetary provision to be made for administrative support of IIA staff and operations at posts abroad. 6. Departmental Support for II A Operations 6.1 Adequate services will be provided to IIA by strengthening the central facilities of the Department where required or by establishing special facilities within IIA. It is intended to assure the provision of services in such a manner that the requirements of IIA will be met and the responsibility of the Administrator for the IIA program will not be impaired, at the same time maintaining the necessary uni- formity of policy and practice, and retaining centralized facilities where important economies can be effected without impairing service 6.2 The basic lines to be followed in providing administrative support for IIA in the immediate future are set forth below. Con- tinuous study shall be given to all phases of administrative support operations and further modifications shall be made where experience proves that they are necessary to provide adequate support for the program. 6.3 Departmental services in the fields of communication, security, building operations and like services will be utilized by IIA. 6.4 Personnel operations will be conducted by the central facilities of the Department, but modifications in existing policies on appoint- ment, promotion, salary, transfer, etc., and special procedural ar- rangements will be made wherever such adaptations are necessary in the interests of effective operation of the IIÀ program. In order to assure that full attention is given to the needs and problems of the IIA program, a special IIA unit will be organized within the Office of Personnel. 6.5 IIA will prepare, present and justify its own budget and manage its own financial affairs, subject to such review by the Deputy for IIA. IIA 3172 AMERICAN FOREIGN POLICY, 1950–1955 ar pr to w in: DC in WO tic ag ha an sei TIONAL EXCHANGE PROGRAMS OF THE UNITED STATES: Recently I heard a speaker say that "no one any longer questions Educational Exchange Program; no one any longer says that ideas and other countries, confess to their belief that the only possible will be which nation or which group of nations will produce the fastest airplanes, the most efficient bazookas, the most maneuverable Under Secretary for administration as is necessary to assure com- pliance with general departmental budget and fiscal policies. 6.6 A special IIA unit within the Division of Central Services will handle IIĀ procurement. ch 7. Administration of IIA Programs at Posts Abroad 7.1 The United States diplomatic mission chief shall continue to PC be fully responsible for the conduct of IIA programs at his post. The public affairs officer serves as a principal member of his staff with If the status of chief of a major section of the mission. Mission chiefs are encouraged to delegate to public affairs officers authority to communicate with the Department in the name of the mission chief on as broad a range of IIA matters as practicable. 7.2 The mission chief will be responsible for assuring that the IIA program works cooperatively with the other operating United States programs within his country and provides information support to ho such programs. 7.3 The mission chief shall be responsible for seeing that adequate administrative support is provided for IIA programs in accordance sh with their requirements. Administrative support will normally be th provided by the administrative officer of the mission. Other organ- izational arrangements may, with the approval of the mission chief , be made whenever required to assure efficient support of IIA opera- tions. The name "United States Information Service" will continue to be used to identify the program abroad. in 8. Installation of Reorganization The Deputy Under Secretary for administration shall be responsible mi for providing leadership in the installation of the new plan of organiza- I tion set forth in this announcement and in facilitating the transfers of personnel, funds, records and equipment. efi 6. THE OVERT INTERNATIONAL INFORMATION AND EDUCA- March 31, 1952 2 of th St | St co it: bo WE . mt in na ini pr of fa SIE ar W 8! it 1 Howland H. Sargeant. ? Department of State Bulletin, Mar. 31, 1952, pp. 483-489. INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3173 0 o O 1. $ 0 8 e 2 le and hard-hitting tanks and that expenditures on such frippery as propaganda are largely wasted. Although I do not agree with their conclusion I want to make it clear that I regard propaganda as only one of four major instruments to support the attainment of our national policy objectives whether we are in peace or war. Propaganda alone is no substitute either for policy or for action. It must be used in concert with the other major instruments of national policy-political, economic, and military power. Propaganda is 90 percent deeds and only 10 percent words. If we do the right things and make them known to others in an intelligent way, we succeed in our propaganda task. For example, f we could shout for many weeks in every medium of mass communica- tion that we use that we intend to stay in Berlin until the danger of aggression from the East is checked and until the German people have the opportunity freely to determine the kind of government and the kind of unification they may want. All this will mean little, however, as long as the words are unaccompanied by deeds. When we mount in the face of a Soviet blockade of Berlin an airlift which sets a plane down every 3 minutes on Templehof Airdrome, and we show the capacity to supply the people of the city of Berlin with the necessities of living to an extent even greater than when the city 1, was supplied by rail and surface transport, then we have developed & mighty propaganda symbol to all the world. Similarly, appoint- ment of General Eisenhower as Supreme Commander, Allied Powers in Europe, was a propaganda symbol. He stood above all for victory in Europe and inspired a feeling of renewed confidence and determi- nation among the peoples of Western Europe that Soviet aggression le might be prevented or, if it occurred, could be successfully resisted. There is another dangerous fallacy abroad which I shall mention. I find that many people regard Soviet propaganda as invincible, infallible, and all-conquering. Soviet propaganda is apparently effective in many circumstances. I believe, however, that Soviet propaganda has serious fundamental weaknesses which are capable of being exploited by the free world. I believe this in spite of the fact that in the fifteenth century Louis XI of France proclaimed the simple doctrine that "if they lie to you, you lie still more to them” and George Orwell in his frightening picture of the totalitarian state of 1984 shows a ministry of truth on whose vast white façade stretch these slogans: “War iš Peace; Freedom is Slavery; Ignorance is s | Yet one of the most vulnerable points is the demon- di strable contradiction between Soviet words and Soviet deeds. This contradiction, evident even to the peoples of the Soviet Union and t its satellites, 'is accentuated by blunders that the so-called infallible propaganda machine makes from time to time-and, to take & phrase from the late Mayor LaGuardia, "When they really pull a I boner, it is a beauty.” For example: Despite their most valiant efforts to convince the world that the United States and the Republic of Korea are the aggressors in Korea, the Soviet propaganda machine has failed in its task. Most of the peoples in the world don't believe them. When t- LIS 11 Strength. Soviet o 8 e 3174 AMERICAN FOREIGN POLICY, 1950–1955 one cons an i the the importance of ideas. We improvised a psychological warfare mech-othe anism which achieved some success--both tactical and strategic. At the end of World War II, we did remember some of the lessons and What happened was that in August 1945 the President by Execu-stan personnel, resources, and funds of OwI, Office of Inter-American tration. Those which related to the propaganda and educational Affairs, Office of Strategic Services, and Foreign Economic Adminis- consolidated under the Assistant Secretary for Public Affairs, William Benton, now junior Senator from Connecticut, who was invited by Secretary Byrnes to take over the hard task of cutting down a wartime information program to peacetime proportions. Incidentally, in that process Mr. Benton was Mr. Vyshinsky at the General Assembly rejected the disarmament to ti proposals of the Western Powers with the statement that he had time fain awake all night laughing at these proposals, the Kremlin belatedly dev realized that a propaganda blunder of the first niagnitude had been of so made. In Italy and other Western European countries, pictures appeared of Mr. Vyshinsky emphasizing his laughter over the dis- high armament proposals and asking the question: "Does Mr. Vyshinsky speak for you?” All the doves and peace rallies the Communists can muster will not completely erase that picture. F Against this background I should like to sketch the following broad whe topics (1) The development of an overseas information program; kind (2) the recent reorganization of that program; (3) the scope of the that program;(4) the content of the program; (5) the results we are getting; clear and (6) some special problems of United States propaganda in the future. Info Alex DEVELOPMENT OF THE PROGRAM auth In briefest compass, the U.S. Government did not become interested poin in any kind of international information and educational exchange program before the years immediately prior to World War II . Be- Unit fi ginnings of what we call educational exchange and cultural relations were made in 1938 and underwent a vast wartime expansion under worl F both the Nelson Rockefeller operation (the Coordinator of Inter- American Affairs) and the Office of War Information (Owi). Even going before that period, we as a nation had used propaganda from time to time as one of the basic instruments of our national policy and OT strategy. More than 30 years ago, for example, during the First of th World War, Woodrow Wilson understood the power of persuasions th He correctly estimated the force of ideas and his Fourteen Points be who came a powerful weapon for the Allies and a major factor in the sur . render of Germany. His "conditions of a just peace” reached the alert people behind the enemy lines and undermined their will to resist. what They gained for America a position of world leadership. Of course between the wars we promptly forgot most of these lessons we had pdva learned, and in the Second World War we again had to discover the upper a salvaged some of the equipment of propaganda. exchange functions ever reach task . are strer Foui ORG. R 1 Janu Infos need were requ TA s S 1 See Ex. Or. 9608, Aug. 31, 1945; 10 Fed. Reg. 11223. INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3175 January 3 is an attempt to give the Administrator of the world-wide Information and Educational Exchange Programs all the tools he to try to find out just what the job was for the U.S. Government in time of peace, using these instruments of persuasion which we had developed. In a period of about 3 months, Mr. Benton cut personnel of somewhat over 10,000 back to roughly 3,000. He lost almost every one of his top wartime administrators who had been drawn from the highest levels of the private mass communications business. He met considerable ignorance and apathy as to any need for continuing such an instrument of international persuasion. From the end of the war until January 1948 the issue was in doubt whether in fact the Congress would appropriate money to sustain any kind of peacetime information program. One of the great tributes that history should pay to Senator Benton is that he saw the issue clearly and he fought it through to a successful result, culminating in the passage in January 1948 of what is now known as the International Information and Educational Exchange Act' sponsored by Senator H. Alexander Smith and Senator (then Congressman) Karl Mundt which authorized a permanent program of this kind. However, I want to point out that this legislation concentrated primarily on authorizing the creation of better understanding between the peoples of the United States and the peoples of other countries and on presenting "a full and fair picture of the United States" to other peoples of the world. From January 1948 until April 1950, the program experienced heavy going and drastic-fund reductions. During this period of time, how- ever, a considerable amount of progress was made. On April 20, 1950, the President called for that all-out expansion of these efforts which he styled the "Campaign of Truth." 2 He said at that time: "Our task is to present the truth to the millions of people who are uninformed, or misinformed, or unconvinced. Our task is to reach them in their daily lives, as they work and learn. We must be alert, ingenious, and diligent in reaching peoples of other countries, whatever their educational and cultural backgrounds may be. Our task is to show them that freedom is the way to economic and social advancement, the way to political independence, the way to strength, happiness, and peace. The task is not separate and distinct from other elements of our foreign policy. It is a necessary part of all we are doing to build a peaceful world. It is as important as armed strength or economic aid. The Marshall Plan, military aid, Point Pour--these and other programs depend for their success on the under- standing and support of our own citizens and those of other countries.” ORGANIZATION AND FUNCTION OF THE PROGRAM Reduced to its essentials the reorganization announced late in needs to do his job and the administrative flexibility which will be required. It also lifts the status of the whole program since the new A Decade of American Foreign Policy, pp. 1224–1234. Supra, doc. 2. 1 2 Supra. 3176 AMERICAN FOREIGN POLICY, 1950–1955 for tra tia 38 Ho rela the $24, 659,778 $20, 730,000 $31, 180, 900 $47,300,000 $121, 301, 789 / $85,000,000 administrator, a distinguished economist, ' businessman, and more recently, college president, Wilson Compton, reports directly to the Secretary and Under Secretary of State. He is no longer responsible in his operations to the Assistant Secretary for Public Affairs who, under the earlier concepts, was not only responsible for determining information policy but was also ultimately responsible for the opera- tions of the program itself. Under the reorganization the Assistant Secretary can become far more a staff officer of the Secretary and other top officers of the De- partment. He is relieved of any necessity for participation in operat- ing decisions of the new International Information Administration (IIA); he retains the responsibility for seeing that the information policy pursued by the IIA is in line with foreign policy objectives and current foreign policy decisions. The Administrator of the Ila gains under the reorganization a consolidation of authority in his own hands which in the past was somewhat divided between the General Manager of the program, the Assistant Secretary for Public Affairs, the regional bureaus, and the central administrative offices of the Department. The Administrator now takes the responsibility for the supervision of the planning and conduct of all the overseas aspects of these programs—a job formerly performed by the Department's regional bureaus. He also acquires considerably greater flexibility in handling the mechanics of his administration. THE SCOPE OF THE INTERNATIONAL PROGRAM We shall know how good our reorganization is only after we have actually got it working. I should like, though, to give an indi- cation of what this program includes: In’the fiscal year 1948 around 2,500 people participated in the program that operated on a budget of approximately 20 million dollars. This was the low point of the pro- gram in the postwar years. We were forced to close down a number of our overseas posts and fire a number of skilled and experienced people in the very year in which the Marshall Plan was getting under way v in Europe and the Soviet propaganda campaign against us was really beginning to roll. Since 1948, however, we have been building up again. The supplemental appropriation of 79 million dollars. We received in the fall of 1950 following the President's call for a greatly expanded Campaign of Truth resulted in an operation with four times as many people on board as in the lean year 1948—and with nearly six times as much money. Our current strength is slightly under 12,000 people, at home and abroad, and our appropriation for 1952 is $85,000,000. USIE Personnel and Appropriations, 1947 to 1952 4, 118 Whi I the ope 1,01 leve Len We suc. mai PRE T WOT IUC des sup ing do ing boo lang Bus &10 des ma pla Lor MO? 1952 1947 1948 1949 1950 1951 T Cou 11, 568 we Authorized Personnel. Appropriation Amount. 6, 030 10,807 and INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3177 London and Manila speed up the work. The program consists of three primary fast media--radio, press and publications, and motion pictures--and two of what are usually called slow media” but what I prefer to call deep penetration media-in- formation centers and exchange programs. Most important of all are the people overseas on the firing line itself who constitute USIEthe United States Information Service. Radio. The world-wide radio network of the Voice of America transmits programs in 46 languages around the clock and has a poten- tial foreign listening audience of some 300,000,000 people. It operates 38 domestic shortwave transmitters with overseas relay bases at Honolulu, Manila, Munich, Tangier, and Salonika plus use of BBC relays at Wooferton, England. Soviet jamming of programs to the U.S.S.R. and the Iron Curtain areas began in the spring of 1949 and became increasingly severe. We have taken major steps to over- come jamming, including such spectacular developments as the recent commissioning of the first of our high-powered floating transmitters- which was formally inaugurated at Washington on March 4. Radio, of course, is our primary means of hammering holes through the Iron Curtain to carry messages of truth to those peoples. Despite operation of at least 250 sky-wave jamming installations and at least 1,000 ground-wave jammers, our latest monitoring reports indicate a level of understandable reception of 25 percent inside Moscow and Leningrad, and between 75 and 80 percent in many outlying areas. We have relays over the local stations of various countries including such important ones as France, Italy, Korea, Greece, Austria, Ger- many, and a number of the Latin American countries. PRESS AND PUBLICATIONS 1 We use the news to get facts across in a number of ways. A 9,000- word daily wireless bulletin supplies U.S. information Officers in 67 U.S. diplomatic missions with official news and background material designed for local use abroad. By airmail and pouch the press branch supplies 170 points all over the world with a weekly air bulletin cover- ng a number of short topics designed for the local press abroad. We do à major job in a steadily expanding publications operation includ- i ng publication of more than 60 million copies of magazines, cartoon books, photo pamphlets, leaflets, and educational materials in 30 anguages. Best known'is Amerika, the big handsome slick-paper Bustrated monthly about this country printed in Russian of which around 20,000 copies continued to be distributed in the Soviet Union despite Soviet obstructionist tactics. We do a major job with visual materials, including news and feature photos, wall posters, and plastic plates for use in newspapers abroad. Regional production centers at 8 3 f 3 1 ? } T 3 ľ 3 MOTION PICTURES 6 D Through documentary motion pictures shown in more than 90 countries we are reaching audiences of more than 1 million people They are produced with sound tracks in over 30 languages and are shown to a wide variety of rural as well as urban groups, everyday. 3178 AMERICAN FOREIGN POLICY, 1950–1955 T including churches, labor organizations, youth groups, and primary and secondary schools. Newsreels are used for very current and immediate hard-hitting topical material. "Eisenhower" and "A Plan for Peace” are examples of fast use for maximum impact. OVERSEAS INFORMATION CENTERS DO1 tit a spre mat ai tT] Tesi (4 revo One hundred and forty-six U. S. Information Centers and 31 binational centers in 78 countries throughout the world are distributing American books, newspapers, and magazines, reaching additional millions. I often think of these centers as the arsenals of ideas for the freedom-loving and prodemocratic individuals in many of these countries. Last year these centers recorded more than 24 million visits from foreign nationals. There are more than 1 million books, periodicals, Government publications, and printed materials in these centers. In addition to library services, the centers carry on cultural and educational activities, including English-language teaching in many places. ligh ( Uni EXCHANGE OF PERSONS PROGRAMS One of the ways to straighten people out about the facts is to let them see for themselves. Government grants enable teachers , research scholars, labor leaders, newspaper publishers, editors, and reporters to come here to see what we are like. Similar grants permit Americans to travel abroad. During fiscal 1951 more than 7,500 persons received grants-in-aid for exchanges between the United States and 71 foreign countries. Our emphasis in these exchange programs is more and more on leaders, molders, and communicators of opinion. wit] A I acri stre whi ing COU peo V An USIE ITSELF AUI our Me of ano pro sch Approximately 850 American officers operate at 175 foreign-service posts in 84 countries and territories, ably and devotedly assisted by 4,000 local employees. This inventory to be complete should also include the information officers and their staffs at Paris and the Mar- shall Plan countries who operated under the Economic Cooperation Administration (now the Mutual Security Agency). It should also list the information activities conducted by the military services in Japan and Austria and the psychological warfare program in Korea today. THE CONTENT OF THE PROGRAM This has been simply a bare-bones inventory of the facilities and media that we are using. The content of our output is , of course, the real test of the job that we are doing. The content—what we have to say—in the long run cannot be superior to the actions and decisions taken by the free nations themselves. The policies and actions of the American Government and the behavior of the American people con- stitute the hard core of any content or any message that we may carne through our different media. I am often asked what it is we are trying to say in our output. ple tio SD! me of of NI lis INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3179 listen to our radio broadcasts. To put it very briefly, we are trying to make people believe (1) That Soviet communism is not the progressive revolutionary movement it pretends to be but a reactionary conspiracy that would, liit succeeded, re-create the Dark Ages. (2) That the "true revolution" in human affairs is the inevitable spread of freedom and the equitable distribution of the spiritual and material benefits of freedom. (3) That while this "true revolution" will inevitably triumph, it will triumph in our lifetime only if all peoples resolutely and cooperatively resist the Communist conspiracy. (4) That the United States, which since 1776 has given this "true revolution” its greatest impetus, is a strong, determined, and en- lightened power which champions this concept of freedom not only for its own people but for all peoples. (6) That it is in the self-interest of all peoples to cooperate with the United States in pursuit of this common goal. (6) That this cooperation is gradually, often painfully, materializing, rith a consequent increase in unity, confidence, and determination. Are we making progress in the achievement of our objectives? I can state categorically that we are. America's message is getting across, and it is getting results. At the same time, however, I want to stress the fact that there is no such thing as a clear-cut, black-versus- white test of progress. There are too many intangibles. It is exceed- ingly difficult to measure the opinions and reactions of our own countrymen. It is a good deal more difficult to do the same for peoples of other countries and other cultures. We do have a number of concrete indications of our effectiveness. And those indications are steadily increasing. AUDIENCE REACTION Take the question of audience mail. The Voice of America alone--- our radio operation--gets an average of a thousand letters a day. Mail has increased three-fold since 1949. In ninety-nine cases out of a hundred, the letters we receive either give us a pat on the back and urge us to expand our efforts or urgently request a copy of our program schedule booklet. In 1951, we sent out almost six million schedule booklets (5,751,529). A lot of these audience letters come by air mail from such faraway places as India, where airmail stamps are a pretty expensive proposi- In crucial pressure areas-areas where the free world and the Soviet sphere are in immediate contact-considerable progress has been made in building up our audience at Soviet expense. For example, in West Berlin, once the exclusive preserve of Soviet radio, 98 percent of the radio listeners are regular Voice of America patrons. One out of every 25 Swedish radio listeners tunes in on the Voice regularly. Our record behind the Iron Curtain is real cause for confidence. Nine out of every 10 radio listeners in the Soviet zone of Germany At Naples, a woman recently sewed together a ticket for a showing tion, AN 3180 AMERICAN FOREIGN POLICY, 1950-1955 ovel Con T curr PRESS CAMPAIGN pass Or S effo DEF. Between 5,000 and cember 1950 is typical of such gag laws. It subjects a person caught spreading "warmongering news or propaganda by word of mouth" to from 1 to 10 years in prison. Deciphering the Communist double talk, that law means that any person caught repeating what he hears 1 The German-Soviet nonaggression pact and protocol of Aug. 23, 1939; Nazi- Soviet Relations, 1939-1941 (Department of State publication 3023; 1948), of an American film-a ticket which her pro-Communist husband had ripped to shreds. At Helsinki, Finland, one of our films was shown in competition with an important Communist party meeting. Several party func- equi tionaries preferred to see the movie rather than attend the meeting. | Alb In Yugoslavia, a film in which President Truman defines American und foreign policy has been borrowed twice by the central committee R of the Communist Party. In Burma (Kachin), the people have gone to great lengths to get cast our films to their villages. Often, our trucks are stopped by the and dense undergrowth. The villagers have then volunteered to carry P heavy movie projectors, generators, and other equipment on poles fren slung over their shoulders. Con Our record in the press-materials field indicates a good measure of progress as well. A specific example of how a well-thought-out press campaign can 0 get concrete results comes to us from Italy, where our people made excellent use of the twelfth anniversary of the infamous Molotov- Iron Ribbentrop pact of 1939. We distributed a series of feature articles of d on the pact well in advance. When the anniversary arrived, virtually mean every non-Communist paper in the country carried something on the great B treaty. What efforts are being made to prevent our messages from reachingwe the audience? Án important measure of the effectiveness of our over-all informa- tional program lies in the lengths to which the Communists have the been going to insulate the peoples under their control against our propaganda. Some of the things being done to keep the people the behind the Iron and Bamboo Curtains from seeing, hearing, or reading inte our informational materials are almost inconceivable. The Soviet Union has been engaged in a tremendous jamming cam. paign ever since the Voice of America began broadcasting. The end Soviets now have over 2,000 stations engaged in nothing but jam - 10,000 technicians man these jamming stations. I We are told that the Soviets and their satellites spend almost as af61 much on jamming as we do on our entire international radio program. Fra lite countries is another means toward the same end-keeping America Am from putting its case before the enslaved peoples. underlying theme here. The Czech defense of peace” law of Det pp. 76-78. amo our tice COM tha an Coercion is the ano Pra We to list res INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3181 over the Voice of America or the BBC, or what he reads in a non- Communist publication, can be summarily jailed. The licensing and taxation of all persons in possession of radio · equipment are common practices in the Soviet satellite areas. In Albania, among other places, every known possessor of a radio is under constant scrutiny. Recently, the Communists have taken to turning off the electric current in towns and villages during the hours when American broad- casts are coming through. We have had such reports from Bulgaria e and Lithuania among other places. Perhaps one of the best evidences of our effectiveness lies in the frenzied tirades against our informational media which appear in the Communist press and in speeches by Communist leaders. Few weeks pass in which Pravda does not complain about the Voice of America or seek to impress its readers with the “fact” that lending ear to our f efforts is a most dangerous and unpatriotic practice. 7 DEFECTORS S J e r e e and 1 e One of our best sources of information as to how people behind the Iron Curtain are reacting is the defector. And there has been a flood of defectors from Soviet-controlled Europe during the past several y years. We recognize, of course, that the average defector is under é great emotional strain and that many tend to overstate their case. But we have checked the stories of defectors very closely. Further, 8 we have discovered that a considerable area of agreement exists among the many accounts which we have received from such people. We have learned, among other things, that a great percentage of the soldiers of the Red army in Soviet-controlled Germany listen to our broadcasts. We have learned that even the political commissars- the officers charged with seeing to it that soldiers are properly ori- g ented listen to the Voice. We have learned that it is becoming an increasingly common prac- tice to scrawl the wave-lengths of American broadcasts across fences on sidewalks in the Baltic and other Sovietized areas. d COMMERCIAL SURVEYS In France we made surveys in 1948 and in 1950 by the Gallup poll $ affiliates. We found in those years that our audience has increased in France from 16 to 24 percent of the adult population of the country; that there are 7,000,000 people in France who listen to the Voice of | America at least occasionally; and that every weekday we can expect an audience of 1,000,000 people which expands to between 2,000,000 and 3,000,000 people every Sunday. Half of the adult population of France has heard of the Voice of America programs. Our problem, we know from that survey, is to get more and more of them coming The analysis of the audience shows that, generally speaking, our listeners include a high proportion of the better educated and urban In Germany, public opinion surveys made under the supervision of 0 a to their receivers. 5 residents. } 3182 AMERICAN FOREIGN POLICY, 1950–1955 enterprise-Radio Free Europe. The Voice of America and Radio an ess "letters from America" campaign sponsored by the Common Council United States and their counterparts abroad; encouraging private production of a leaflet to be placed in the hands of all American mo positive and affirmative content is included in advertising campaigns conducted abroad by American firms; bringing newspaper editors and reporters to this country to work on American papers for short Of course I should mention a very important project of private the High Commissioner's office show that in the same couple of years F we have increased our audience in the U.S. zone of Germany from 4,000,000 to 6,000,000 people. The same sort of survey showed us that in Sweden we have an oc- casional audience for our English-language program of 15 percent of the total population, over 700,000 people, and that we have a be regular audience for our English-language program of about 100,000 , who are weighted on the side of public opinion leaders and of youths . Pe T SPECIAL PROBLEMS OF U.S. PROPAGANDA IN THE FUTURE H th I have taken you on a rapid and cursory inspection of what we are doing in the Campaign of Truth. A more leisurely and thorough by survey would include more details on such subjects as the building up of an integrated organization at the highest levels of Government A (the Psychological Strategy Board) for the coordination of our psy- U. chological strategy and the complementary work of the Psychological Ir Operations Committee for the coordination of our overseas information operations; it would include some remarks on what we are doing in the kn research and planning fields. Above all, no one of us is fooled into thinking that the job being og ор done by the Government's International Information Administration- or by all agencies of Government combined constitutes more than a fraction of the impact of the United States and the American people re on peoples abroad. We know that there are many voices of America the GỈ abroad in his attitude and daily conduct, the tourist , the po businessman, the American newspapers, magazines, and motion pictures, the statements of the President and of all of these and many more are the voices of America. One of the most significant developments of the past 2 years tha been the increasing cooperation of private enterprise in this country in every form and variety with the overseas information programs of ba the Government. We have a special staff exclusively devoted to working with private enterprise which has been forced, because of the ter great expansion of its activity, to open offices not only' at Washington and New York but at San Francisco, New Orleans, Houston, Chicago , i no and other points in the United States. What kind of things do they help stimulate and develop? Publishers of various American maga per zines have agreed that their overseas newsstand returns be given you without cost to Usie offices abroad for appropriate distribution, the heat Th traveling abroad with some Do's and Don'ts; helping to see let periods, etc. fra an congressional leaders- act has de COU Ato that by tio) 1 For INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3183 e n Free Europe (RFE) are two members of the great free-world team that is fighting Soviet imperialism on the side of personal and national freedom throughout the world. Radio Free Europe, financed by private citizens through individual contributions to the Crusade for Freedom, is an enterprise concentrating on the captive countries behind the Iron Curtain: Poland, Czechoslovakia, Hungary, Ru- mania, Bulgaria, and Albania. It is a citizen's station over which Poles are able to speak to Poles, Hungarians to Hungarians, etc. They speak as "The Voice of Free Poland,” “The Voice of Free Hungary," and so on. They look at their peoples' problems through their own eyes. In contrast the Voice of America is a worldwide network financed by U. S. Government funds and speaking for the U. S. Government and the American people. It sees world problems largely through American eyes. It is the only American voice heard in the Soviet Union and in many other parts of the globe. In the area behind the Iron Curtain, in which both VoA and RFE operate, their aims are essentially the same: to keep alive the hope of liberation; to let listeners know that they have not been forgotten; to stiffen their resistance -8 against their Communist oppressors; to expose the lies of their oppressors and the unworkability of communism. Both expose the fraudulent basis of authority on which the Moscow-dominated le regimes rest. Both combat communism and the persecution of religion and denial of human rights. Both report the superior industrial he power and fighting potential of the free world over the Soviet enslaved world. Von, which has responsibility for full reporting of official American acts and documents, American news, and world developments, cannot devote the major part of its Iron Curtain broadcasts to events inside ry those countries. RFE, giving less time to events outside those of countries, specializes in three types of broadcasts. (1) RFE reports back all truth that can be learned about what is going on in the lis- be teners' own country: (2) RFE spreads fear in the ranks of the Com- munist officials of the regime by denouncing and threatening with retribution all evil doers about whom it can obtain accurate informa- tion, including reports on dissolute private life and instances of personal cruelty and criminal acts; (3) RFE weans Communist youth workers and intellectuals from allegiance to the Moscow-dominated be regime. ci I was interested to see that Gordon Dean, the Chairman of the he Atomic Energy Commission, is quoted as saying in a recent interview ite that he regards the job he and his colleagues are doing as "the second most important task in the world that we have here at the Commission. The first, I think, is somehow or other to pierce the Iron Curtain and let the ordinary Russian know our real, and peaceful intentions." Mr. Dean's remarks fit rather interestingly with the statement made urt by General Eisenhower in July 1950 in his testimony on Senate Resolu- tion 243 1 when he said that “Truth, in my opinion, could almost be te Resolution in support of an expanded information and exchange program. For text, see Department of State Bulletin, July 17, 1950, p. 102. 01 as to ww朗朗​的​他​此​此​四​w昭​w DIS at ad lio SO 1 per 202 pro ves as ) un anc pro or prc sec pro the sai classification laws, as now or hereafter amended, except that the Sec. 2. Transfer of functions.-(a) Subject to subsection (c) of this section, there are hereby transferred to the Director, (1) the functions vested in the Secretary of State by Title V of the United States Information and Educational Exchange Act of 1948, as amended, and 167 Stat. 642. The plan entered into force Aug. 1, 1953, after approval by the Congress under the provisions of the Reorganization Act of 1949, as amended. 3184 AMERICAN FOREIGN POLICY, 1950-1955 classified as our T-bomb, if you want to call it that, in this warfare. .. It is a terrific responsibility to decide how much to do, where it would be better to divert a dollar into a tank, and where it is better to put a dollar into this information effort. But I am quite certain of one thing: that you could find no soldier, no man of experience in the busi- ness of fighting, . who would decry for one second the importance of morale, and if you do not have morale you know you cannot win, There is just not enough to win without morale. I believe that can be done by truth.' 7. REORGANIZATION PLAN NO. 8 OF 1953 ESTABLISHING THE UNITED STATES INFORMATION AGENCY, JUNE 1, 1953 1 UNITED STATES INFORMATION AGENCY Section 1. Establishment of agency.-(a) There is hereby established a new agency which shall be known as the United States Information Agency, hereinafter referred to as the Agency, (6) There shall be at the head of the Agency a Director of the United States Information Agency, hereinafter referred to as the Director. The Director shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensa- tion at the rate of $17,500 a year. The Secretary of State shall advise with the President concerning the appointment and tenure of the Director (C) There shall be in the Agency a Deputy Director of the United States Information Agency, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall receive compensation at the rate of $16,000 a year. The Deput! Director shall perform such functions as the Director shall from time disability of the Director or in the event of a vacancy in the office to time designate, and shall act as Director during the absence or of the Director. (d) There are hereby established in the Agency so many new offices; not in excess of fifteen existing at any one time, and with such title or titles, as the Director shall from time to time determine . Appointment thereto shall be under the classified civil service and the compensation thereof shall be fixed from time to time pursuant to the compensation may be fixed without regard to the numerical limitations on positions set forth in section 505 of the Classification Act of 1949, as amended (5 U.S. C. 1105). the po off 1 On Ur Sta саз sec res ау St: 01 fro au oti Ag tr to tid of dit ga ed CO CO I'm 2 2 A Decade of American Foreign Policy, pp. 1224–1234. INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3185 1 so much of functions with respect to the interchange of books and periodicals and aid to libraries and community centers under sections 202 and 203 of the said Act as is an integral part of information programs under that Act, together with so much of the functions vested in the Secretary of State by other provisions of the said Act as is incidental to or is necessary for the performance of the functions under Title V and sections 202 and 203 transferred by this section, and (2) functions of the Secretary of State with respect to information programs relating to Germany and Austria. (b) Exclusive of so much thereof as is an integral part of economic or technical assistance programs, without regard to any inconsistent provision of Reorganization Plan No. 7 of 1953, and subject to sub- section (c) of this section, functions with respect to foreign information programs vested by the Mutual Security Act of 1951, as amended, in the Director for Mutual Security provided for in section 501 of the said Act are hereby transferred to the Director. (c) (1) The Secretary of State shall direct the policy and control the content of a program, for use abroad, on official United States positions, including interpretations of current events, identified as official positions by an exclusive descriptive label. (2) The Secretary of State shall continue to provide to the Director on a current basis full guidance concerning the foreign policy of the United States. (3) Nothing herein shall affect the functions of the Secretary of State with respect to conducting negotiations with other governments. (d) To the extent the President deems it necessary in order to carry out the functions transferred by the foregoing provisions of this section, he may authorize the Director to exercise, in relation to the respective functions so transferred, any authority or part thereof available by law, including appropriation acts, to the Secretary of State, the Director for Mutual Security, or the Director of the Foreign Operations Administration, in respect of the said transferred functions. Sec. 3. Performance of transferred functions.-(a) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance of any function of the Director by any other officer, or by any employee or organizational entity, of the Agency. (6) Representatives of the United States carrying out the functions transferred by section 2 hereof in each foreign country shall be subject to such procedures as the President may prescribe to assure coordina- tion among such representatives in each country under the leadership of the Chief of the United States Diplomatic Mission. 1 The President's message to Congress of June 1, 1953, stated: “ While divesting the Department of State of the foreign information programs, the reor- ganization plan does not transfer the responsibility of that Department for the educational exchange programs authorized by the various acts of Congress. Close coordination of our information and educational exchange programs, will, of course, be effected by the Secretary of State and the Director of the United States Information Agency (Department of State Bulletin, June 15, 1953, p. 851). * Supra; pp. 3090–3093. Supra, pp. 3059-3086. 415900_57-Vol. 2 3 -97 3186 AMERICAN FOREIGN POLICY, 1950–1955 & o 0 0 h Si Ü ri n a P 0 d Cl 1 inclusive, in this section 1 (b) may provide for an alternate member (c) The head of any agency (other than any agency represented i 18 Fed. Reg. 5379. The Executive order bears the title "Establishing Sec. 4. Incidental transfers.-(a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred or vested by this reorgani- zation plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Agency at such time or times as he shall direct. (6) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 5. Interim provisions.--Pending the initial appointment under section 1 of this reorganization plan of the Director and Deputy Director, respectively, therein provided for, their functions shall be performed temporarily, but not for a period in excess of 60 days , by such officers of the Department of State or the Mutual Security Agency as the President shall designate. 8. ESTABLISHMENT OF THE OPERATIONS COORDINATING BOARD: Executive Order No. 10483, September 2, 1953 By virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows: SECTION 1. (a) In order to provide for the integrated implementa- tion of national security policies by the several agencies, there is hereby established an Operations Coordinating Board, hereinafter referred to as the Board, which shall report to the National Security Council. (b) The Board shall have as members the following: (1) the Under Secretary of State, who shall represent the Secretary of State and shall be the chairman of the Board, (2) the Deputy Secretary of Defense , who shall represent the Secretary of Defense, (3) the Director of the Foreign Operations Administration, (4) the Director of Central Intelligence, and (5) a representative of the President to be designated by the President. Each head of agency referred to in items (1) to (4), ber representing the agency concerned when such regular member is for reasons beyond his control unable to attend any meeting of the Board; and any alternate member shall while serving as such have in all respects the same status as a member of the Board as does the regular member in lieu of whom he serves. Ex. Or. No. 10589 of Feb. 28, 1955 (20 Fed. Reg. 1237). 0 bu P ir. fr ch ad ti TE S fi A m SE 1 mem- 9 the INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3187 I 1 under section 1 (b) hereof) to which the President from time to time assigns responsibilities for the implementation of national security policies, shall assign a representative to serve on the Board when the Board is dealing with subjects bearing directly upon the responsibilities of such head. Each such representative shall be an Under Secretary or corresponding official and when so serving such representative shall have the same status on the Board as the members provided for in the said section 1 (b). (d) The Special Assistant to the President for National Security Affairs may attend any meeting of the Board. The Director of the United States Information Agency shall advise the Board at its request. SEC. 2. The National Security Council having recommended a national security policy and the President having approved it, the Board shall (1) whenever the President shall hereafter so direct, advise with the agencies concerned as to (a) their detailed operational planning responsibilities respecting such policy, (b) the coordination of the interdepartmental aspects of the detailed operation plans developed by the agencies to carry out such policy, (c) the timely and coordinated execution of such policy and plans, and (d) the execution of each security action or project so that it shall make its full contri- bution to the attainment of national security objectives and to the particular climate of opinion the United States is seeking to achieve in the world, and (2) initiate new proposals for action within the framework of national security policies in response to opportunity and changes in the situation. The Board shall perform such other advisory functions as the President may assign to it and shall from time to time make reports to the National Security Council with respect to the carrying out of this order. Sec. 3. Consonant with law, each agency represented on the Board shall, as may be necessary for the purpose of effectuating this order, furnish assistance to the Board in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U. S. C. 691). Such assistance may include detailing employees to the Board, one of whom may serve as its Executive Officer, to perform such functions, consistent with the purposes of this order, as the Board may assign to them. Sec. 4. The Psychological Strategy Board shall be abolished not later than sixty days after the date of this order and its outstanding affairs shall be wound up by the Operations Coordinating Board. Sec. 5. As used herein, the word "agency” may be construed to mean any instrumentality of the executive branch of the Government, including any executive department. Sec. 6. Nothing in this order shall be construed either to confer upon the Board any function with respect to internal security or to in any manner abrogate or restrict any function vested by law in, or assigned pursuant to law to, any agency or head of agency (including the Office of Defense Mobilization and the Director of the Office of Defense Mobilization). DWIGHT D. EISENHOWER } 1 1 1 Established by a Presidential Directive of June 20, 1951; supra, doc. 4. 3188 AMERICAN FOREIGN POLICY, 1950-1955 zir bil Ag OD toi an HOWER. rar wi by int we thu mt pa 94 th: PO delivered in the appropriate, languages and dialects of the listening 1 U.S. Information Agency, The U.S. Overseas Information Program (Washing- 9. OVERSEAS INFORMATION PROGRAM: Publication of the United States Information Agency, 1955 1 "It is not enough for us to have sound policies, dedicated to goals of universal peace, freedom and progress. These policies must be made known to and understood by all peoples throughout the world. This is the re- sponsibility of the U.S. Information Agency."'~_DWIGHT D. Eisen- The President created the U.S. Information Agency on August 1, 1953, as an independent agency responsible for the Government's overseas information program.? To carry out this responsibility, the Agency maintains 206 overseas information posts in 78 nations of the free world. To the captive millions behind the Iron and Bamboo Curtains, the Agency's powerful radio network, the Voice of America, daily beams objective news reports and commentaries giving the truth about U.S. policies and actions. Four Major Tasks.-By means of press, publications, radio, tele- vision, motion pictures, exhibits, libraries and personal contacts, the U.S. Information Agency performs four major tasks: (1) Explains U.S. policies and objectives. (2) Counters hostile propaganda. (3) Demonstrates the harmony of U.S. Policies with the legitimate aspirations of other peoples. (4) Presents abroad aspects of American life and culture which will promote understanding of U.S. Policies and objectives. The Director of the U.S. Information Agency reports to the Presi- dent through the National Security Council. Daily foreign policy guidance is provided to the Agency by the Secretary of State. Country Programs.--Known overseas as the U.S. Information Serv- ice (UŞIŠ), the Agency's information program in each foreign country is conducted by the Public Affairs Officer (PAO) working directly under the U.S. Ambassador or Chief of Mission. The PAO is assisted by a small professional staff headed by Americans but composed in large part of citizens of the country. Each country program fully tailored to the customs and interests of the people. In Western Europe, parts of the Far East, and eight countries of Latin America, for instance, television plays an important role. In some less developed areas, mobile exhibits and bookmobiles are em- ployed. In areas where the illiteracy rate is high, posters, comic books and cartoons are effective. The Voice of America's broadcasts are audience Program content is carefully selected and edited. The PAO is the focal point for all operations in his area. 24 mi as pr CO 1 IS sa ho m tr di ja CO lo 01 is.care- d 18 to SE . to B SAS ton, Government Printing Office, 1955). 2 See supra, doc. 7. INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3189 Press and Publications.—More than 10,000 newspapers and maga- zines in the free world, with an estimated circulation of more than a billion readers, regularly receive information material through the Agency's Press and Publication Service. The Service sends by wireless a 7,000-word news file from Washing- ton 6 days a week to USIS posts in 66 countries. The posts translate and adapt the file and furnish it immediately to local newspaper and radio editors. In addition to news, features and commentary, the wireless file includes full texts of important foreign policy statements by the President, the Secretary of State and other Government leaders. Newspaper and magazine features, background kits on subjects of international interest, such as the peaceful use of atomic energy, as well as photographs and plastic plates, are also distributed for use in thousands of overseas publications. This includes 59 newspapers and magazines which are published abroad by the Agency itself. The Service also provides cartoon strips and panels to many news- papers in foreign countries. Some of these strips appear in more than 947 newspapers in 65 countries, with a readership estimated at more than 100 million. During an average year, about 150 million leaflets, pamphlets and posters are distributed throughout the free world. Voice of America.-Broadcasting around the globe, 7 days a week, 24 hours a day, the Voice of America speaks in 39 languages, presenting more than 75 programs daily from its studios in Washington, as well as other programs from Munich, Germany. Voice broadcasts consist primarily of factual news and commentary. They are designed as a continuing, reliable source of truth to peoples overseas. More than three-quarters of the daily program schedule of the Voice is directed over the Iron and Bamboo Curtains to the U.S.S.R., the satellite countries of Eastern Europe and Red China. More than 55 hours of programs daily are directed to the Soviet Union and the Com- munist areas of Eastern Europe. Twenty hours daily, programs are transmitted to peoples behind the Bamboo Curtain in three Chinese dialects, and in Korean and Vietnamese. To overcome Communist jamming, programs originating in Washington and Munich are re- corded at overseas relay bases and repeated over short, medium and long wave. Many of the programs are repeated several times a day, on various wave lengths, at peak listening periods. Letters from behind 'the Curtains and reports from escapees and defectors attest that Voice programs do get through, despite Red Other Voice language programs, totaling 22 hours a day, are beamed to free world countries. In addition, English-speaking foreigners are served through seven daily half-hour, world-wide English programs. Voice facilities include 14 modern broadcasting studios in Washing- ton, a radio center in Munich, Germany, and Station RIAS in West Berlin. Million-watt transmitters are located at Munich, the Philip- pines and Okinawa. The Agency's floating transmitter, installed on the U.S. Coast Guard Cutter Courier-now anchored in the Mediter- ranean-relays programs to the Soviet Union and the Near East. The jamming. 1 ( f i S I lation overseas some 18 million books by U.S. authors. In addition. The Agency's book translation project, to date, has put into circu- 3190 AMERICAN FOREIGN POLICY, 1950–1955 Voice's 30 transmitters in the United States are operated by private broadcasting companies. Public tours of the Voice of America studios are conducted Mondays through Fridays. Studios are at 330 Independence Ave., S. W., Washington, D. C. Newsreels and Feature Programs on TV Film.--These are provided weekly to 33 television stations in 22 countries of Europe, Latin Amer- ica, the Far East and Africa. One weekly program, "The Magic of the Atom," documents U.S. progress in the peaceful use of atomic energy. Motion Picture Service.-Films showing American life and support- ing U.S. foreign policy, as well as pictures exposing international com- munism, are produced (or acquired) and distributed by the Agency's motion picture service. Some are sent abroad in as many as 39 lan- guages. An increasing number are being produced overseas, with local backgrounds and actors. All films are based on the recommenda- tions of overseas information officers, who know what will be effective in their particular areas. Many of the pictures are shown in the commercial movie bouses abroad, and all are shown noncommercially to selective audiences, in cluding leaders of public opinion, government officials, business and labor leaders, professional, educational and civic groups. The Agency operates 210 film libraries abroad. More than 6,000 16-mm. sound projectors are maintained for use by USIS personnel and for loan to groups and organizations. To make film showings possible in remote areas, the Agency bas 336 mobile units equipped to generate their own electric power. centrated largely in the Near East and Far East, these units provide many people with their only opportunity to see motion pictures . In many cases, films are the only means of reaching these people with the United States' message. Information Centers and Exhibits.— The Agency's information centers are located in 67 countries. In Latin Åmerica, the centers åre operated in co-operation with the local governments and are known as "binational centers. Each center includes a library , In addition, staffs of Americans and citizens of the country conduct lecture and concert programs, provide classes in English, arrange film showings, exhibits and special cultural events. The centers provide direct contact with the people, and are en effective means of presenting U.S. culture to the world. Through the use of traveling exhibits and bookmobiles, the infor- prepared especially for local, national or international fairs. Others the “Atoms for Peace” exhibits already seen by millions in Europe , Latin America and the Near East. 1 21 0 2 0 Con- E Some exbibits are INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3191 2 tional Exchange Service. about 4 million other U.S. books have been distributed to key indi- viduals and institutions abroad. American publishers and motion picture distributors are encouraged to sell U.S. publications and films abroad through the informational media guaranty program which assures the conversion into dollars of foreign currency receipts. Office of Private Cooperation.—Through the work of the Agency's Office of Private Cooperation, private American groups, business firms, nonprofit organizations and individuals are encouraged to assist in carrying out the Government's overseas information program. These private projects are varied and include: letterwriting, over- seas advertising, mailing inserts, town affiliations, and collection of books and magazines for overseas distribution. Communist Propaganda Expenditures. The propaganda expendi- tures of Moscow and Peiping are variously estimated at from $1 billion to $3 billion yearly roughly 10 to 30 times the amount the United States expends on its program of truth. "The United States Government is in the international information field out of sheer necessity. It dare not pull out of this field any more than it would dare to pull out of military defense. Russia's military might is within her own boundary, but her propaganda might is on the D loose in the world. We must do all in our power to thwart it, unmask 1 its lies and pretenses, and break its hold over allegiances and loyalties of men.”—United States Advisory Commission on Information 10. INTERNATIONAL EDUCATIONAL EXCHANGE PROGRAM: Publication of the Department of State (With Chart), March 1956 1 SCOPE.—The International Educational Exchange Program is principally concerned with strengthening our foreign relations through the interchange of persons between the United States and other coun- tries . The program (which began in 1938 with a small number of exchangees from the other American republics] involves an annual interchange of about 6,000 people between the United States and over 70 countries of the free world. PURPOSE.—The Congress of the United States has authorized this program "to promote a better understanding of the United States in other countries and to increase mutual understanding between the people of the United States and the people of other countries." Specifically, it seeks To build up a greater and more accurate store of knowledge and International Educational Exchange Service, Facts About the International Educational Exchange Program (Department of State, March 1956). The accom- panying chart was specially prepared for this volume by the International Educa- S e 1 1 1 8 } 1 } 1 3192 AMERICAN FOREIGN POLICY, 1950-1955 a a fo Consult for three months with their American colleagues and become acquainted with the contemporary American scene; or Undertake three to six months of specialized training and ob- information about the United States in other countries, so that respect for and confidence in our aims and policies will be in- creased; To contribute to a better understanding in the United States of the way of life, the culture, and the aspirations of other people; and To promote greater stability in international relationships by broadening the community of interests between the people of the United States and other free peoples and by increasing awareness of the common principles underlying a free and orderly society. PARTICIPANTS.—The success of the program depends primarily on the careful choice of participants. Those selected are persons who , because of their background and experience at home and through their activities and contacts while abroad, can make a positive con- tribution to mutual understanding between us and the people of other countries. About one-third of the participants each year are Americans who receive grants to go abroad to- Do graduate study for a year at universities and other institutions of higher learning; Teach for a year in elementary or secondary schools; Lecture preferably for a year or at least a semester or carry on advanced (post-doctoral research for six months to a year at universities and other institutions of higher learning; and Serve as consultants at the invitation of foreign groups or lecture before general audiences on topics of current interest. These people often visit several countries and spend from three to six months overseas. The other two-thirds of the people exchanged each year are nationals of other countries who receive grants to come to the United States to Study for a year at our colleges and universities. Most of these grantees are between the ages of 25 and 35, are already launched on their professional careers at home, and are studying at the graduate level in this country; Teach for a year in our elementary or secondary schools; Undertake six months of specialized study and observation of teaching methods at the elementary and secondary school level ; doctoral) research for three months to a year at our colleges , Lecture for a year or at least a semester or do advanced (post- universities and other institutions of higher learning; t] P. I ti A do de SE P е t a S C & man 2 INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3193 servation in their field, often combined with actual on-the-job experience. Grants are also made to young people in certain other countries to attend American schools abroad. SPECIAL PROGRAMS.—In addition to the exchange of persons listed above, the International Educational Exchange Service is responsible for three other types of educational exchange activity- The Cultural Presentations Program, financed by the President's Emergency Fund for International Affairs, provides limited as- sistance to outstanding American cultural and sports groups for tours abroad. These tours are building better understanding of and friendship for our country through the common language of music, art, and athletics. The program assistance supplements private financial support and the income received by professional groups for overseas commercial performances. Books and scientific equipment to Finland and India are supplied under special legislative authority. Assistance to American-sponsored schools in the other American Republics is also a special activity of the program. EXCHANGE-VISITOR PROGRAMS.—The Smith-Mundt Act places in the Department of State responsibility for certifying exchange-visitor programs to facilitate entry of foreign nationals into the United States for educational activities which will further the purposes of that Act. In discharging this responsibility the Department must be assured that any program so designated does contribute, in a reasonably effec- tive way, to the objectives of the Smith-Mundt Act. Extensive and continuous assistance and guidance are given to the American sponsors requesting these designations so that their pro- grams will measure up to required standards. Hospitals, medical schools, library groups, and industrial firms are among the groups which bring foreign nationals to this country for bona fide educational purposes. More than 2,100 exchange-visitor programs involving an estimated 30,000 visitors have been designated. SIGNIFICANCE OF ACTIVITIES.-Whether grantees engage in study, teaching, research, or specialized observation and consultation, their activities, in addition to producing personal, professional benefits, serve the goals of the program in one or several of the following ways. Many of the activities which the program encourages are concerned with securing a clearer understanding of the life, institutions, and culture of Americans and their historical background. Among the activities are those which increase the knowledge overseas of our literature, language, history, and political and social institutions. Some spread information about characteristically American practices such as free public libraries or agricultural extension work. Others share specific skills of joint concern, for example, the peaceful uses of Act of Jan. 27, 1948: A Decade of American Foreign Policy, pp. 1224-1234. 1950-1955 ant Secretary of State for Public Affairs. This Service, headed by & I S 1 { E 1 1 1 1 ] ) រ ] 1 the operations of and for selecting individuals and educational The Board of Foreign Scholarships is responsible for supervising institutions qualified to participate in the program authorized The Role of the Department. The International Educational Ex- change Service functions under the general supervision of the Assist- Director, is organized into two principal parts: Staffs for planning, 3194 AMERICAN FOREIGN POLICY, atomic energy. And specialized groups demonstrate American educa- tional, artistic, and cultural achievement, for example, through per- formances abroad by outstanding musical, theater, and dance groups. Of equal importance are those activities which help us to develop and broaden our knowledge of the life, institutions, and culture of other areas of the world. These include grants to foreign professors to teach at American colleges and universities, to the staffs of these institutions to do research abroad, and the interchange of graduate students. It likewise includes the work of many Americans whose study and research abroad enlarge the corps of experts needed for many types of overseas service and enrich our educational curriculum. Still other activities draw their primary significance from the special role which the participants play in their home countries, for example , the visits to the United States of members of national legislatures, trade union officials, top newsmen, or leaders of youth groups. Others con- centrate primarily on the establishment and strengthening of contacts in significant institutions overseas or between institutions and organiza- tions in the United States and those in other countries. Finally, some activities are designed to complement the work of other United States Government agencies, private organizations or international bodies of which the United States is a member. In this group, for example, would fall certain social science projects which undergird some of the technical assistance programs of the International Co- operation Administration. In going about their educational work and in their everyday living , the participants reflect in their views, behavior, and services the ways of life and attitudes of their own countries. They may also informally present such matters in discussions, lectures, or published writings . All of the participants, when they return home, interpret their ex: perience to their fellow-countrymen in terms which they can best understand. The informal give and take of such discussions make these contacts a highly effective form of communication. METHOD OF OPERATION: The Role of Advisory Groups. – Two public boards, appointed by the President, have been designated by the Con- gress to advise and assist the Department in the administration of the educational exchange program. The United States Advisory Commission on Educational Ex- change was established by provision of the Smith-Mundt Act and is responsible for formulating and recommending to the Secretary of State policies and programs. by the Fulbright Act. L INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3195 reporting on, and evaluating the substantive program, an operations staff for the Board of Foreign Scholarships, and a staff to provide necessary administrative services and facilities; and five operating divisions which conduct the programs for both American and foreign grantees and which provide special services necessary to educational exchange activities. Four reception centers are operated by the Department at New York, Miami, New Orleans, and San Francisco to handle arrivals of incoming participants in the program. These centers arrange to meet grantees at docks and airports and assist with hotel accommoda- tions and internal travel in the United States. Local programs for visitors are also often arranged and carried out by reception center personnel working with community groups. These local programs frequently supplement the regular activities of a grantee who may be in transit through the city where the center is located. Participation of Other Agencies.- The Smith-Mundt Act recog- nized the diverse nature of the operations necessary to conduct an international educational exchange program and provided for the maximum use by the Department of the services and facilities of other Government agencies and of private groups. Contracts are made on a continuing basis with certain of these agencies for the services needed. Short-term arrangements are also made with many others for handling evaluation studies and for particular programs involving foreign specialists. Three agencies assist in the screening of American candidates and the placement and supervision of foreign grantees. The Institute of International Education: for persons studying in educational institutions. The U.S. Office of Education of the Department of Health, Education, and Welfare: for persons teaching in elementary or secondary schools, or undertaking specialized study and obser- vation of teaching methods. The Conference Board of Associated Research Councils: for persons engaging in university teaching or post-doctoral research. Three agencies assist in arranging programs in this country for foreign grantees who come to the United States for short periods to consult with their colleagues. The Governmental Affairs Institute: for those primarily in- terested in public administration and government. The Department of Labor: for those primarily interested in labor and industry. The American Council on Education: for those primarily inter- ested in education and related fields. Practically all federal agencies assist in the selection of foreign specialists and arrange programs for them in the United States. The American Council on Education also provides orientation for } 3196 AMERICAN FOREIGN POLICY, 1950-1955 of the United Nations is also given. Such help usually includes ar- Foreign Service posts to announce American exchange opportunities, to cal Assistance Administration and to some of the specialized agencies Assistance to the fellowship programs of the United Nations Techni. certain foreign grantees at the Washington International Center, and professional assistance to American-sponsored schools in the other American Republics. The American Language Center of American University, Washing- ton, D. C., provides English-refresher courses for foreign grantees who have special needs for short periods for intensive study in speaking and understanding English. In addition a large number of organizations and institutions volun- tarily assist the program in many ways. Screening committees com- posed of persons from many professional and other occupations give of their time extensively in recommending American candidates from the thousands of applications submitted. Each year financial assistance estimated at between $8 and $10 million is contributed from non-U.S. Government sources as tuition, maintenance, and other stipends . Other services, not easily measurable in terms of dollars, are the hos- pitality and program assistance given to foreign visitors by civic groups, community and professional organizations, and literally thousands of individual Americans. Overseas Administration. The administration of the program over- seas, under the supervision of the Foreign Service establishments , is carried out through contractual arrangements with the United States Information Agency. In those countries participating under the Ful- bright Act, binational Educational Commissions, established by Exec- utive Agreement with each country, play a large part in supervising and administering the program. Binational selection committees help in preliminary screening of student applications in most of the countries where educational exchange programs are conducted ; Ministries of Education also aid in announcing opportunities for teach ers and in recommending candidates; and other agencies of local governments cooperate in similar fashion. COOPERATION WITH OTHER PROGRAMS.—The many agencies, organi- zations, and institutions conducting educational exchange programs find that greater effectiveness can be achieved through the reciprocal services they give each other. Thus, thë Department assists groups and individuals and foreign governments in carrying out programs in which the objectives are similar to ours. Each year from 200 to 700 projects for these groups involving more than 6,500 exchanges are facilitated by the Depart- ment. The assistance given involves such services as (1) arranging with in planning exchange projects; (3) providing professional and.com cooperating with Foreign Service posts to facilitate tours Abroad of American groups and individuals. i T:miniai; 12 in VALAI INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3197 d I g of le ce 3. C 7 S ES . 3 ranging placement for persons coming to the United States for practical training and experience. Similar assistance has been given to the NATO Cultural Council. Selection procedures for American candidates under the NATO fellow- ship program have recently been established. Increased support to NATO has resulted from the fact that, since 1952, the Department has brought groups of outstanding newsmen and cultural leaders from the NATO countries to the United States under its own program. EFFECTIVENESS. --Several major sources of information provide evidence that the program has been successful in fulfilling its purpose. These include accounts of personal experience, appraisals by respon- sible officers and private citizens, and evaluation studies by private research organizations. The grantees themselves emphasize specific activities and accom- plishments. Their reports reflect rich personal insights and gains both in knowledge and understanding. They also reveal a sense of individual responsibility for continuing to improve international understanding. Responsible public officials and private citizens observe the program in operation around the world and at home and make careful appraisals. These appraisals provide information that goes beyond the experience of the grantee and provide more general evidence of program results. Their reports tell of the effects of educational exchange—how new knowledge, ideas, and skills are employed when grantees return home; how the grantees write books and articles and lecture on their exchange activities; how American studies courses in foreign universities and area studies in American universities are strengthened; and how re- turned grantees take an active part in "alumni associations" and other groups through which they keep in touch with America. Private research organizations, employing a variety of social science techniques, make objective evaluations of program re sults. These studies have compared groups of returned grantees with those who have not had such experience; they have studied the grantees in "before and after" settings. The studies concerning returned American grantees illustrate wider knowledge and appreciation of other cultures and interna- tional problems, and certain personal :accomplishments accruing to them as individuals. Studies of foreign grantees show that firsthand observation of America helps to correct their unrealistic and often unfavorable views of us; that they gain more accurate knowledge of American culture, American achievements in many fields, and of general conditions in the United States; that when they return home they share their experience not only with their friends and associates but with the general public through lectures, articles, radio, etc.; that their compatriots consider them among the most reliable sources of information about the United States. e 1 i 1 i 3198 AMERICAN FOREIGN POLICY, 1950-1955 T Cor wo exc proj Act T Cor mer food P Uni Am 10 2 3 AUTHORITY.—There are several legislative authorities under which funds for conducting the international educational exchange program of the Department are made available. Dollar funds appropriated annually by the Congress under the provisions of the Smith-Mundt Act are used jointly with foreign currencies available under provisions of the Fulbright Act in the interest of economical administration and to expand the scope of the program. The United States Information and Educational Exchange Act of 1948, Public Law 402, 80th Congress (also known as the Smith- Mundt Act), provides the basic authority for reciprocal educational exchange programs between the United States and other countries and authorizes the annual appropriations by the United States Congress. An Act for Cooperation with the Other American Republics, Public Law 355, 76th Congress, provides for the annual exchange of gradu- ate students between the United States and the 20 other American Republics under the terms of the Convention for the Promotion of Inter-American Cultural Relations. Appropriations for this phase of the program are made under the general authority of the Smith- Mundt Act. Public Law 584, 79th Congress (also known as the Fulbright Act) provides that certain foreign currencies owed to or owned by the United States as a result of surplus property sales abroad may be used to finance exchanges between the United States and certain foreign countries for study, teaching, lecturing, or advanced research , or other educational activities. Pursuant to this legislation, Executive Agreements are negotiated with individual countries to provide for educational exchange programs. No appropriations are authorized under this Act. The Mutual Security Act of 1952, Public Law 400, 82d Congress, amended the Fulbright Act by providing for the use for educational exchange of foreign currency credits owed to or owned by the United States and not required by law or agreement to be expended or used for any other purposes. The Agricultural Trade Development and Assistance Act of 1954, Public Law 480, 83d. Congress, authorizes proceeds from the sale of surplus agricultural commodities for educational exchange programs established under other legislative authorizations. 3 1 A Decade of American Foreign Policy, pp. 1224-1234. 2 53 Stat., pt. 2, p. 1290. 3 A Decade of American Foreign Policy, pp. 1235–1236. 4 66 Stat. 141. Supra, pp. 2941-2947. $ INTERNATIONAL INFORMATION AND EXCHANGE PROGRAMS 3199 The Finnish Educational Exchange Act, Public Law 265, 81st Congress, provides that part of the annual payment of Finland's World War I debt to the United States may be used for educational exchanges between the two countries. The contractual costs of this program must be financed by appropriations under the Smith-Mundt Act. The India Emergency Food Aid Act of 1951, Public Law 48, 82d Congress, 2 authorizes the use of certain sums, payable by the Govern- ment of India to the United States as interest on the emergency food relief loan, for educational exchanges between the two countries. Public Law 701, 79th Congress, authorizes the instruction at the United States Merchant Marine Academy of citizens from the other American Republics. 163 Stat. 630. 2 Supra, pp. 2227-2229. 360 Stat. 961. : ! : į : : ! 1 The ...22 LATV YA *W*2174 WT13.2.9 INTERNATIONAL EDUCATIONAL EXCHANGE PROGRAM Number of Exchanges by Country and Category (Cumulative 1949 through fiscal year 1954; figures for fiscal year 1955 listed in separate column) 1 Grants to Americans Grants to Foreign Nationals Adv. Research Univ. Study and Univ. Lecture Teacher Specialist Area and Country Univ. Study Adv. Research Tchr. or Tchr. and Univ. Dev. Lecture Leader and Study, in U.S. Specialist Schools A broad Total 1955 1955 1955 1956 1955 1955 1955 1955 1955 Prior 1955. Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1956 Prior 1955 OTHERURAMERICAN 3 2 3 1 43 26 111 Snow 1 2 7 1 1 3 6 6 52 2 1 9 18 10 58 14 12 27 11 1 25 2 6 1 2 1 1 1 I 4 2 . 2 2 2 3 3 1 13 10 10 4 7 6 10 1 9 6 4 1 1 1 2 2 1 2 3 54 35 25 35 17 24 8 29 13 6 14 3 12 5 4 4 3 4 1 1 3 1 REPUBLICS Argentina Bolivia Brazil British Guiana British Honduras British West Indies. Chile. Colombia Costa Rica Cuba Dominican Republic. Ecuador El Salvador French West Indies Guatemala Haiti. Honduras Mexico Nicaragua Panama Paraguay Peru. Uruguay Venezuela 7 5 6 11 1 1 5 1 3 1 1 1 11 7 97 60 330 .2 1 17 144 89 59 89 31 47 28 1 86 50 34 302 42 57 25 94 66 49 4 1 - 1 10 6 3 2 1 5 1 1 16 1 5 18 10 6 i - 1 6 1 8 1 1 1 1 1 1 2 2 1 2 11 5 9 5 19 2 - 1 31 10 8 10 16 2 24 23 14 70 20 26 12 43 17 11 NAలులులులులు. 10 4 1 53 4 7 3 8 12 4 3 5 5 31 1 5 3 12 10 11 1 3 1 1 2 14 2 3 1 2 1 1 1 12 3 4 2 مسافت در هر 4 3 2 1 - 4 2 2 9 118 19 107 23 4 2 41 15 641 107 40 9 206 49 252 157 1, 790 1 1 - - Area Total EUROPE Australia. Austria Belgiunr 2- Canada . 3200 85 177 114 22 13 16 66 54 30 20 14 6 17 19 21 124 434 130 27 49 28 72 84" 44 22 14 11 25 25 29 8 4 7 17 141 49 งงงง 18 7 2 13 10 6 517 1,087 507 1 。 138 ] 35 63 14 1 18 1 7 63 T 81 38 23 1 530 AN 21 12 244 213 2 40 28 209 77 12 16 28 *50 i 1 111 *** 51 2 28 22 53 29 209 87 14 13 31 40 18 69 168 513 7 15 25 42 8 32 55 357 13 38 22 16 21 23 27 40 10 4 644 9 1 5 5 138 190 1, 144 4 939 14 5 449 14 290 73 368 35 58 226 210 4 2 84 2 .46 13 72 75 201 44 49 21 .2 41 16 71 86 31 1 22 20 415900_-57-Vol. 2 27 75 42 86 9 22 1 277 2 104 32 159 1 16 -7 14 90 19 18 18 5 4 2 2 11 68 2 53 24 52 11 53 99 194 4, 486 27 5 160 6 53 15 43 24 15 54 19 8 16 132 1 37 1 9 2 5 5 530 633 4, 130 12, 049 72 16 2, 291 27 1,034 320 1, 184 43 43 210 35 18 41 4, 742 1 12 5 12 2 1 2 17 89 CO 3 9 1 1 4 1 4 4 10 3 1 4 15 21 25 18 1 8 1 10 32 10 7 5 911 - 1 139 2 2 324 1 50 ܚ 2 603 1 101 1 1 1 1 4 154 5776 2 94 4 20 609 100 Denmark. 60 Finland 17 France. 1, 399 - Germany 382 Iceland Ireland 2 Italy, 605 Luxembourg 1:10 Netherlands. 165 New Zealand .67 Norway 122 Portugal, Spain Sweden 1 Switzerland Trieste Union of South Africa :2 United Kingdom.. .928 2 Yugoslavia... Area total. 4, 125 NEAR EAST AND AF- RICA Aigpianistan Nigeria Belgian Congo Brand Fr. Cameroons. Brand Fr. Togoland. Cexión 2 33 Ethiopa Chana (formerly Gold Coast). Gréede. 53 56 "Irak WT11 5 Iraq- 1 Israel. Jordan Kenya Lebanon 851 1, 252 283 1, 007 221 599 11 9, 287 11,028 1, 729 331 1,686 258 5, 620 593 321 334 29, 536 1 2 1 8 1 4 1 10 1 2 2 7 6 73 2 1 43 134 13 1 17 . 3 65 -1 13 2 24 25 5 9 6 12 4 43 Egypt--ARTTI 1 1 2 12 27 2 2 44 34 16 6 8 1 11 9 23 1 6 3 1, 487 208 1 113 21 9 9 70 68 8 29 8 4 20 4 2 5 3 6 1 1 1 47 73 19 12 3 26 44 25 4 12 4 4 241 388 68 72 9 8 5 2 11 23 13 4 1 7 1 3 3 3 142 613 6 18 2, 394 838 231 178 61 14 12 28 8 3 3 29 38 3 6 35 81 59 21 22 3 1 12 2 1 2 4 4 8 13 .. NN 2 1 1 5 3 2 2 1 3 3 3 Liberia.-77 2 12 17 . 3 2 1 1 3 5 2 3 2 5 2 ...5 1 Libya. Morocco. Nepal.-- Nigeria Nyasaland Pakistan. Saudi Arabia. Sierra Leone... Syria. Tanganyika. 6 1 32 10 12 7 1 153 35 153 3 23 1 4 20 23 2 56 3 8 7 29 1 384 8 1 58 7 8 .1 8 2 3 5 2 1 5 2 26 3 See footnotes at end of table. 3201 INTERNATIONAL EDUCATIONAL EXCHANGE PROGRAM--Continued Number of Exchanges by Country and Category-Continued (Cumulative 1949 through fiscal year 1964; figures for fiscal year 1955 listed in separate column) 1 Grants to Americans Grants to Foreign Nationals Univ, Study Adv. Research and Univ. Lecture Teacher Area and Country Specialist Univ. Study Adv. Research Tchr. or Tchr. and Univ. Dev. Lecture Leader and Study in U.S. Specialist Schools Abroad Total 1955 1955 1955 1955 1955 1955 1955 1955 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 Prior 1955 11 19 4 5 1 12 1 51 2 4 7 5 4 13 2 21 4 1 123 NEAR EAST AND AF. RICA Continued Tunisis. Turkey Italian Somaliland. Sudan Uganda Zanzibar 76 2 1 514 1 1 19 342 3 2 17 1 1 - 1 1 2 1 1 4 2 5 ? 1 1 ? 184 19 347 67 210 34 57 17 1, 237 196 272 35 214 41 476 115 1, 661 208 5, 370 10 1 18 7 1 15 40 36 2 9 4 1 58 15 34 14 9 4 35 83 1 - 1 Area total FAR EAST Burma Formosa Hong Kong Indonesia Japan.. Korea Malays: Philippine Islands. Thailand 2 18 1 11 26 7 32 2 4 1 1 3 76 9 1 2 11 165 22 54 13 1 69 1 2 74 24 34 668 85 29 236 109 2 7 1 1 1 . 6 117 33 2 16 1 1 30 18 3 49 72 17 6 38 5 2 3 24 23 7 I 89 83 50 26 52 61 15 5 5 34 79 61 15 25 19 5 30 2 8 12 1 1 1 1 1 345 154 12 230 1, 509 302 90 617 521 12 9 76 1 1 1 - 5 1 1 1 1 3 31 4 14 5 10 25 5 6 96 23 218 17 Cambodia 3 3 Laos 3* 1 30 2 2 4 3 10 Viet-Nam 2 6 Borned. 14 209 67 73 25 79 13 1, 265 334 223 98 267 73 405 269 336 57 3,878 Area Total. Combination of Countries (1949-1985) 1 73 51 125 Grand Total 4, 478 903 1, 916 440 1, 294 282 849 107 12, 430 1,665 2, 264 473 2, 373 421 6, 753 1, 134 2.318 599 40, 699 3202 ! I The tablo above should be used with certain explanations and interpretations. Although the dates given are 1949 through 1955, the program was not in operation in all of tha MuintriAR TEHA HOJA NArior Tha tiahla AS siyeñ. includes grants awarded under the Fulbright Act (PL 584. 79th Cong.. 2d sess., Aug. 1. 1946: A Decade of American Foreign The teble above should be used with cortain cxplanations and interprctations. Although the dates given are 1949 through 1955, the program was not in operation in all of the countries for the wholo period. The table, as given, includes grants awarded under the Fulbright Act (PL 584, 79th Cong., 2d sess., Aug. 1, 1946; 1 Decade of American Foreign Policy, pp. 1235-1236) as well as those under the United States Information and Educational Exchange Act of 1948 (PL 402, 80th Cong., 2d sess., Jan. 27, 1948; ibid., pp. 1224-1234) and other legislative authority. For a special listing of grants awarded under the Fulbright Act, see Swords Into Plowshares-A New Venture in International Understanding: The Story of the Educational Exchange Program Authorized by the Fulbright Act of 1946 (Department of State publication 6344; 1956), Appendix 1, p. 47, In addition to the totals given in the table, there were, for the period 1939-1948, 5,481 exchanges which are not listed by country. These exchanges were principally with the other American Republics under the provisions of PL 355 of the 76th Congress, 1st session (approved Aug. 9, 1939; 53 Stat. 1290), which implements the Convention for the Pro- motion of Inter-American Cultural Relations signed at Buenos Aires, Dec. 23, 1936 (Treaty Series 928; 51 Stat. 178). These include grants to Americans as follows: 142 students, 230 research scholars, 1 teacher, and 641 specialists. The following grants were awarded to nationals of other countries during this period: 1,807 students, 39 research scholars, 140 teachers, and 2,481 leaders and specialists, of whom more than 500 were trainees from the Philippines under the Philippine Rehabilitation Act (P1370, 79th Cong., 2d sess., approved Apr. 30, 1946; 60 Stat. 128). In some instances these early figures were estimated totals. During the period 1949–1955 emergency aid:grants were given, following the withdrawal of the Government of China to Taiwan, to 3,641 Chinese nationals to enable them to complete educational projects. Of these grantees, 3,498 were students already in the United States, 104 were teachers and research scholars, and 39 were Chinese students and scholars from other areas of the Far East who were brought to the United States under provisions of the legislation. For the details of this program, see Program of Emergency Aid to Chinese Students (Department of State publication 6343; 1956). Sixty-one Korean students were also given assistance under this program. : Belgium and Luxembourg were combined under Belgium for 1949 and 1950. • Laos, Cambodia, and Viet-Nam were grouped under Indochina for the years 1950, 1951, and 1953. Figures in this table were included under Viet-Nam for those years. 3203 mi fo sti of ar th FI al dc G ut G R PE service capable of meeting the present and future needs of the Depart- ? An Analysis of the Personnel Improvement Plan of the Department of State, 3 For the text of the report to the Secretary of State by the Secretary's Ad- mittee were James H. Rowe, Jr., Robert Ramspeck, and William E DeCourcy. Part XX ORGANIZATION AND SPECIAL RESPONSIBILITIES OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE Organization [FOREIGN SERVICE ACT OF 1946: Public Law 724 (79th Congress, 2d Session), August 13, 1946] 1 1. IMPLEMENTATION OF THE ROWE-RAMSPECK-DECOURCY COMMITTEE'S RECOMMENDATIONS: Directive of the De: partment of State for the Improvement of Personnel Systems and Personnel Management of the Departmental and Foreign Services, April 16, 1951 2 A. GENERAL EXPLANATION This is a directive to improve the personnel systems and personnel management of the Departmental and Foreign Services. The course of action outlined below stems from the findings and recommendations of the Secretary's Advisory Committee on Personnel. This course of is designed to improve personnel management primarily by administrative adjustments. It is consistent with the objectives advocated by the Advisory Committee but does not at this time go as far as the program recommended by the Committee. B. PRINCIPAL OBJECTIVES AND BASIC APPROACH The principal objectives of this directive are to- 1. Obtain, develop, and maintain an experienced and versatile career 160 Stat. 999. visory Committee on Personnel, see ibid., pp. 19-67. ac D T ju ex th to h ។ 0 S of this com- 3204 ORGANIZATION AND SPECIAL RESPONSIBILITIES 3205 ment and the Foreign Service of the United States in the conduct of foreign affairs and to provide means for quickly supplementing this staff whenever conditions require temporary or permanent expansion of personnel. 2. Make maximum use of the skills and abilities of Departmental and Foreign Service personnel and broaden the range of their usefulness through training and developmental programs. 3. Eliminate inequities in the treatment of certain categories of Foreign Service employees. 4. Increase through voluntary means the flexible use of domestic and Foreign Service personnel interchangeably between overseas and domestic assignments, including a greater interchange with other Government agencies concerned with foreign affairs and increased utilization in the Foreign Service of qualified persons not now in the Government by means of lateral appointment to the Foreign Service Reserve. 5. Establish and maintain uniformly high standards in all phases of personnel management. These objectives should be accomplished basically by administrative adjustments under the present Foreign Service Act of 1946 and in the Departmental personnel system, supplemented by legislative measures. The administration of the Foreign Service Act of 1946 should be ad- justed so as to supply a substantially increased number of trained and experienced officers for present and future needs of the Government in the conduct of foreign affairs. Concurrently, the administration of the Departmental personnel system should give particular emphasis to developing a larger staff of persons willing and qualified to serve at home and abroad. Achievement of these objectives will provide an informed basis for possible further integration in the future of the Departmental and Foreign Services under an improved personnel career system and for utilizing this system for staffing additional civilian overseas activities of the United States Government. C. ASSIGNMENT OF RESPONSIBILITY The Director of Personnel is hereby authorized and directed to develop and recommend to the Deputy Under Secretary for Administra- tion implementing instructions and drafts of legislation and to take such other action within established delegations of authority as is necessary to accomplish the action steps outlined below. Policy and procedural changes affecting the Foreign Service will be submitted to the Board of the Foreign Service. D. SPECIFIC IMPROVEMENT STEPS The steps set forth below should be taken without delay to improve and strengthen the personnel management of the Departmental and Foreign Services. "PL 724 (79th Cong., 2d sess.), Aug. 13, 1946; 60 Stat. 999. 3206 AMERICAN FOREIGN POLICY, 1950–1955 ganized in line with the intent of the Foreign Service Act of 1946 indicate that, after an adequate opportunity, they are incapable of 5. Additional improvements in Foreign Service personnel management (a) Complexion and use of personnel categories.-Appointments to the Foreign Service and subsequent assignments and use of per- The Foreign Service Staff category should be sharply reor- 1. Estimate of personnel requirements Subject to the limitations imposed by a state of national emergency of indefinite duration, the types, levels, and numbers of personnel that will be required by the Department of State and the unified Foreign Service of the United States for the conduct of foreign affairs of the Government should be estimated for each of the next five years and for a longer period if practicable. This estimate should be used as a gen- eral guide in developing both short- and long-range programs for recruitment, training, promotion, and assignment of Departmental and Foreign Service personnel. 2. Exchange program The scope of the present exchange program should be stepped up for an indefinite period with particular reference to: (1) the inclusion on & voluntary basis of Departmental employees occupying positions in which overseas experience is essential or desirable and,* (2) the in- clusion on a voluntary basis of employees of other agencies in numbers adequate to meet the needs of such agencies. As a consequence, there should be an increase in the number of assignments of Foreign Service personnel to the Department and to other agencies. The performance records of participants in this program should adequately recognize the added experience acquired by all such officers. 3. Recruitment More vigorous and far-reaching recruitment efforts should be under- taken both for the Departmental and Foreign Services, using as a basis the projection of personnel needs referred to in item .. In recruiting persons for positions in the Department for which dual service at home and abroad is desirable, efforts should be made to employ persons who are qualified and willing to serve abroad. Departmental and Foreign Service recruitment activities should be closely coordinated and to the extent possible recruitment standards should be devised for types of work common to the two services. 4. Separation of unfit employees Departmental and Foreign Service employees whose records clearly should be made of the probationary period in this connection. sonnel should be made in accordance with the following: 1 1 ORGANIZATION AND SPECIAL RESPONSIBILITIES 3207 and in accordance with the recommendations of the Advisory Committee concerning the functions of a clerical and technical branch. As a consequence the Staff category should be used primarily to perform technical, technical-administrative, clerical, and other closely related functions. Both permanent and temporary appointments may be made to the Staff category as the needs of the Service require. The Foreign Service Reserve category should be sharply redefined so that it is in fact the temporary-appointment vehicle for supplementing the Foreign Service officer category. In this connection the Foreign Service Act of 1946 should be amended to extend the period of service of a Reserve officer from four to five years. The Reserve category should be used to perform work which the Foreign Service officer category is insufficiently staffed to handle; to carry out special projects or programs of a temporary or emergency nature; to help in the initial staffing of new or ex- panded programs of a continuing nature; for the present exchange program; and as a means of enabling other agencies to temporarily assign personnel to the Service under a positive interagency exchange program to be worked out with those agencies. Con- currently, the Reserve category should not be used to staff activ- ities normally performed by the Foreign Service Staff category. In keeping with the Foreign Service Act of 1946, the Foreign Service officer category should be built to the strength necessary and used as the vehicle for staffing those executive and pro- fessional functions of a continuing nature which the Advisory Committee recommended be staffed by a Foreign Affairs officer branch. (b) Expansion of the Foreign Service officer category. The appoint- ment of class 6 Foreign Service officers should be substantially increased to support the larger corps of Foreign Service officers. Lateral entry into the Foreign Service officer category should be substantially increased in accord with the provisions of section 517 of the Foreign Service Act of 1946 but by the following liber- alized measures: (1) The present percentage limitations on the number of Vacancies that can be filled by lateral entry should be removed for the next three years. The number of vacancies to be established should take into account such additional needs for Foreign Service officers as may be required by the Government generally and for which the requisite funds can be secured.) (2) Positive efforts should be made to induce qualified Depart- mental and Foreign Service Reserve and Staff personnel to com- pete for appointment under section 517. (3) For each person appointed as a Foreign Service officer under section 517, a corresponding increase should be made in the authorized strength of the FSO category so as to assure maintenance of adequate promotional opportunities for Foreign Service officers presently employed. 2 1 l Oy e S f .8 o por 6 3208 AMERICAN FOREIGN POLICY, 1950–1955 Increased emphasis should be placed on a positive program tunities equal to those of "general officers”. Executive ability cupational or area specialization should have promotional oppor- should be given full recognition in selecting officers for promotion hardship posts should be extended on an equal basis to all American (h) Pay and related benefits.-Salary differentials for service at (4) Candidates appointed as Foreign Service officers under these provisions should meet a standard with respect to experi- ence, performance, and other evidences of qualifications which, in the aggregate, is comparable to the average of the Foreign Service officer class to which appointment is made. (5) Section 413 (b) of the Foreign Service Act of 1946 should be amended to permit persons appointed as a Foreign Service officer to receive salary at any one of the rates provided for the class to which they are appointed. (c) Curtailment of Staff officer appointments. There should be : gradual curtailment in the appointment of permanent Foreign Service Staff officers for work which should be performed by Foreign Service officers or Foreign Service Reserve Officers. This should be accomplished as rapidly as the other categories can be expanded to meet normal replacement needs; but without prejudicing com- pelling or emergency requirements for staffing expanded program activities of a continuing nature. (d) Examination and selection.-Assure that the methods of ex- amination and selection of personnel for all levels and all categories are consistent with the needs of the Department and the unified Foreign Service. In filling positions in labor, agriculture, and commercial categories, the qualifications standards to be applied will be developed in consultation with the member agencies of competence. Assignment.--Improved methods should be devised for the assignment, development, and utilization of personnel, including provisions for more realistic post complements and, to the extent practicable, elimination of excessively short tours of duty at any post. As soon as additional qualified staff are available, increased use should be made of Foreign Service personnel in staffing special mis- sions and programs in the foreign-affairs field and delegations to international organizations, (f) Training. - Present training programs and efforts should be maintained and expanded if possible, with particular reference in such fields as international security, psychological warfare, civil affairs, and intelligence. executive development. E) Promotion. The present promotion system, based on regular and systematic evaluation of employee qualifications, should be como tinued and strengthened. Adequate provision should be made for meritorious promotions. Foreign Service officers who develop oc personnel mt of ORGANIZATION AND SPECIAL RESPONSIBILITIES 3209 Legislation should be secured providing for an improved salary schedule and pay plan. The present separate schedules for the Foreign Service officer and Staff categories should be integrated into a single schedule which will reflect a reduction in the number of staff corps classes and an increase in the number of FSO classes. Legislation should be sought to place permanent Foreign Service Staff personnel under the Foreign Service retirement and disability system to the extent that actuarial and related studies make this feasible. Except for purposes of disability retirement, future extra retirement credit for service at unhealthful posts should be elimi- nated when salary differentials for service at hardship posts are extended to all American personnel. The Foreign Service leave system should be reexamined and con- sideration should be given to adjusting present leave benefits in the case of persons assigned to the United States to correspond more closely to leave benefits currently accruing to departmental employees. (i) Šelection-out.-A selection-out process should be retained for the Foreign Service and should be used to retire from the Service those who fail to meet performance requirements and those whose usefulness has become so marginal as to unduly inhibit the advance- ment of more able employees. 6) Emergency provisions.-Provision should be made for the Secretary, whenever he determines an emergency to exist, to-- Recall any retired Foreign Service officer to active service. Make temporary promotions in all categories of personnel. Extend the period of service of a Reserve officer for an additional two years beyond the proposed five year maximum based on an extraordinary and compelling need in connection with a specific project. Extend the period of service that an officer or employee of the Foreign Service may serve in the United States, not to exceed one additional year, based on an extraordinary and compelling need in connection with a specific project. 6. Additional improvements in departmental service personnel manage- ment (a) Dual service positions.-Positions in the departmental service for which overseas experience is an essential or highly desirable qualification should be identified. To the extent that it is practical to do so these positions should be filled by persons possessing this qualification. (b) Recruitment and selection. Consistent with the difficulties imposed by the national mobilization effort and in the interest of building for the future, a maximum effort should be made to in- crease the employment of promising junior officers for the depart- mental service. In this connection, programs of intern training should be continued and strengthened in close coordination with entrance level requirements for the Foreign Service. 3210 AMERICAN FOREIGN POLICY, 1950-1955 ] 1 11 1 The planning staff in the Office of Personnel should be strengthened The limited legislation needed to accomplish the above improve- (c) Promotion.—Positive steps should be taken to develop an improved promotional system for the departmental service which will assure periodic evaluation of employee fitness for promotion. (d) Training and career development.--Efforts should be made to develop further training and career-development programs for the departmental service. Legislation should be secured to enable departmental officers to receive training at Government expense in the same manner that Foreign Service personnel now receive training Increased emphasis should be placed on the Department's pro- gram of executive development, with particular reference to broad- ening the range of experience and competence of junior depart- mental and Foreign Service officers through training and work assignment rotation. (e) Turn-over,-Efforts should be made to reduce voluntary turn- over of well-qualified personnel by improved placement and full utilization of employee skills and abilities. E. GENERAL INSTRUCTIONS Appropriate officers of the Department should be kept advised of progress toward achievement of the objective of an improved personnel system. The Director of Personnel should arrange on an informal basis to obtain advisory assistance from other departments represented on the Board of the Foreign Service and from appropriate officers of the Department as will help him implement this directive. These arrange- ments should be considered as supplementary to (and not in lieu of established procedures governing the advisory functions of the Board of the Foreign Service with respect to the personnel management the Foreign Service. Maximum participation of other interested agencies in interagency bodies should be encouraged. Employees should be kept informed periodically of important developments affecting their interests. The continuing administration of the personnel program should be adjusted to conform to directives and instructions issued to implement the policies expressed in this directive. in this directive. This staff should include representatives of depart . mental personnel and of the Foreign Service and should consult with other Government agencies which rely upon the support of the Foreign Service abroad. gress no later than May 1, 1951. 1 of ORGANIZATION AND SPECIAL RESPONSIBILITIES 3211 -1 ch TOWARD A STRONGER FOREIGN SERVICE: Report of the Secretary of State's Public Committee on Personnel (the Wriston Report), May 18, 1954] 1 20 de le se 2. RECOMMENDATIONS OF THE WRISTON COMMITTEE: Letter From the Secretary of State to the Chairman of the Public Committee on Personnel, June 15, 1954 2 e 4 11 DEAR DR. WRISTON: I have received and carefully studied the report of the Public Committee on Personnel transmitted by your letter of May 18.3 At my instruction, the report has been printed and is being released today. I should like to commend the Committee for the thorough and penetrating manner in which its public-spirited members, under your able chairmanship, have dealt with the very difficult personnel and administrative problems of the Department of State. It was the complexity and vital importance of these problems, most of which have been recognized but left unsolved—for some years, that per- suaded me to seek appropriate corrective recommendations from this group of outstanding private citizens. I felt that this study could not be attempted while the Department and Foreign Service were undergoing the dislocations of the reduction- in-force necessitated by budgetary restrictions. With that obstacle passed, we could proceed. Accordingly, I share the view of the Committee that now is the time for action. of el 1 ne 2- 1 d of d it le It d ir Department of State publication 5458 (1954). The report was submitted on May 18, 1954, was approved by the Secretary on June 7, 1954, and was made public on June 15, 1954. On Mar. 3, 1954, the Department of State announced the establishment of a Public Committee on Personnel to study and advise on measures necessary to increase the effectiveness of the career service to meet the vastly increasing responsibilities in the field of foreign policy that had devolved upon the President and the Secretary. Members of the committee included: Norman Armour, Foreign Service officer, retired, former Assistant Secretary of State, and former Ambassador; John A. McConé, president, the Joshua Hendy Corp., Los Angeles; Robert Murphy, ex-officio member, Deputy Under Secretary of State; Morehead Patterson, chairman and president, American Machine and Foundry Co., N. Y.; Donald 'Russell , president of the University of S. C., and former Assistant Secretary of State; Charles E. Saltzman, general partner, Henry Sears & Co., N. Y., and former Under Secretary of State for Adminis- tration; John Hay Whitney, senior partner in J. H. Whitney and Co., N. Y.; and Dr. Henry N. Wriston, president of Brown University. Dr. Wriston was to serve as chairman of the committee (Department of State Bulletin, Mar. 15, 1954, pp. 413-414). The Department of State announced on Mar. 5, that the committee's field of interest would include the basic organization of the Service and its strength; personnel management with particular reference to the improve- ment of recruitment, training, and career-development programs; and the require- ment to increase public confidence and fortify personnel morale (ibid., p. 414). Department of State Bulletin, June 28, 1954, pp. 1002–1004. 3 Ibid., p. 1004. * See Toward a Stronger Foreign Service: Report of the Secretary of State's Public Committee on Personnel (Department of State publication 5458; 1954). h D 2 3212 AMERICAN FOREIGN POLICY, 1950–1955 re se fu th of th All PE VE PES 2 I have issued instructions to initiate these forwardlooking recom- I have been particularly concerned that the professional service, which bears the responsibility for carrying out the vastly intricate business of foreign affairs, has not expanded and broadened to meet the growing demands of today in the manner envisioned by the Congress when it passed the Foreign Service Act of 1946. I am, therefore, particularly pleased that the Committee's recommenda- tions not only embody an immediate program for strengthening this service, but also provide a long-range method of maintaining that essential strength. As a first and fundamental step, I have today recommended, and the President has agreed to, the nomination of Mr. Charles E. Saltzman as Under Secretary of State for Administration. Mr. Saltzman, who served as one of the members of the Public Committee, is also a former Assistant Secretary of State. He will have the duty of initiating and directing the execution of this new program. Under my supervision he will also be in complete charge of the administrative offices and operations of the Department, and will , of course, have my full support in carrying out his mission. Mr. Thruston Morton, with exceptional ability and devotion to public service, has been carrying the additional job of Acting Deputy Under Secretary for Administration. Mr. Saltzman's appointment will enable Mr. Morton once again to devote full time to his duties as Assistant Secretary for Congressional Relations. I am grateful to him for the administrative leadership he has provided during the interim period while the Committee was formulating its recommenda- tions. Mr. Saltzman believes, and I concur, that this new program com be fully launched and well underway by December 31, 1954, at which time the statutory authority for the position of Under Secretary of State for Administration expires, and at which time Mr. Saltzman intends to return to his business, from which he is taking of absence. I heartily endorse the two key recommendations made by the Committee: A. Integration of the personnel of the Departmental home service and the Foreign Service where their functions and responsibilities converge. B. The bold and imaginative recruitment and scholarship programa whereby the Foreign Service would obtain a constant and adequate flow of qualified young men and women representing the best cross section of American life. Under this program, members of Congress would in the future have a part in selecting the candidates for the Foreign Service Corps, much as they now do for West Point and Annapolis. Buño. ro et F 0 P leave . ti t a $ 1 ti S I mendations. Specifically, I have taken the following actions: 1 PL 724 (79th Cong., 2d sess.), Aug. 13, 1946; 60 Stat. 999. ORGANIZATION AND SPECIAL RESPONSIBILITIES 3213 1. By signing certain orders, I have accepted as valid your central recommendation that those officers of the Departmental home service and the Foreign Service who perform similar and related functions should be integrated into one personnel system. Such a system, as you point out, car fortunately be built, in large part, on the excellent existing statutory foundation of the Foreign Service Act of 1946. 2. I believe, with the Committee, that the national interest dictates the creation of a Foreign Service Officer (Fso) Corps that is more flexible and broadly versatile than at present. We must take into particular account the need for specialized skills in the solution of the vastly complex problems of today. I have directed that this be done. 3. I have accepted the Committee's recommendation that a substantial number of Departmental positions, probably about 1,450, be designated for staffing by the Fso Corps, and that the present incumbents of those positions be encouraged to enter the new Foreign Service to serve at home or abroad, as the Department's needs require. 4. I also agree that all officer positions abroad under the Chiefs of Mission should be similarly designated, and members of the Foreign Service Reserve (FSR) Corps and such of the Foreign Service Staff (Fss) Corps as presently hold those positions should likewise be encouraged to 5. I have endorsed the Committee's recommendations that a revised and liberalized examination process should be instituted to effect these transfers, which I expect will raise the strength of the Fso Corps from about 1,300 to nearly 4,000. 6. I have issued instructions to consult with appropriate members of the Congress regarding the Committee's report and its recom- mendations with the objective of putting into effect as quickly as possible the fundamental recommendations of the Committee related to the proposed integration program. I understand from your report that certain minor amendments to existing legislation will be necessary to carry out this program. 7. I have also directed that action be taken to seek legislative authority for the scholarship program proposed by the Committee. This program, providing for two-year scholarship awards to out- standing young men and women after competitive examinations, would insure the constant renewal of the Foreign Service from colleges in all parts of the country. It seems to me that the scholarship program is a most important and unique feature of the Committee's recommendations. 8. I agree with the Committee that Congressional appointment to the competitions for the majority of these scholarships is desirable, with the Executive Branch having an appropriate share. 9. Since the scholarship training program will require legislative sanction and, in any case, will take time to initiate, there is need for immediate and interim action. I am particularly gratified that the Committee considered this factor, and I have adopted the recom- mendations to modernize and speed up the examining and appointment procedures for Foreign Service officers of the beginning grade. 1 1 1 1 3214 AMERICAN FOREIGN POLICY, 1950–1955 3. D ho in a 80 మం-ఆ th au 10. I have endorsed your recommended steps to insure that entering officers will be truly representative young men and women, from all sections of our country. 11. I agree with the Committee's analysis of the importance of the training function of the Foreign Service Institute in preparing our diplomatic officers for their tasks, and for inculcating in them the skills and knowledge so necessary in the practice of present day foreign affairs. To this end, I have accepted your recommendations for strengthening the Institute so that it will have a status more nearly equivalent to that of our war colleges, as envisioned by the Congress when it enacted the Foreign Service Act of 1946. 12. I am completely in agreement with the Committee's views on the importance of establishing a true career development system, especially as reflected in the training and assignment of the Depart- ment's personnel. Only through the existence of such a system can the Department attract and hold the highly qualified and dedicated body of men and women who must make up our professional service. These, it seems to me, are the basic recommendations of the Com- mittee, and they will be put into effect as rapidly as possible. There are, of course, a few other detailed recommendations dealing with personnel administration which require further study by myself and the other senior officers of the Department. I have in mind such suggestions as those concerning the inspection function, allowances and retirement benefits, and leave and salary adjustments. I shall see that this study is vigorously carried forward. I am glad to have the Committee's endorsement of the Department's present effort to complete its security screening program as quickly as possible. We shall continue that effort, and shall equally, of course, continue to insure that this program is administered with the most careful fairness and objectivity. Please allow me to express to you, and to the other members of the Committee, my appreciation of your efforts and my conviction that you have made a substantial contribution to the strength and future of the Department of State and its career service. Sincerely yours, JOHN FOSTER DULLES U PO cr W C: m be to sta Fe D CI ( pu tio 1 ORGANIZATION AND SPECIAL RESPONSIBILITIES 3215 3. IMPLEMENTATION OF THE WRISTON COMMITTEE'S RECOMMENDATIONS: Report of the Third Audit Meeting of the Public Committee on Personnel, December 13, 1955 1 : 4 Dear Mr. Secretary: In accordance with your request the members of your Committee have completed a third review of actions taken by the Department in carrying out your orders implementing our recommendations.? Deputy Under Secretary Loy W. Henderson and his staff presented a detailed review of developments since our meeting last February. We note progress toward the implementation of many of the recom- mendations in our report to you, and the supplemental suggestions following our second meeting. Mr. Henderson is to be warmly con- gratulated on a fine performance and on the initiative and untiring devotion which he has shown in the crucial position which he holds. The Committee is gratified that, with the sympathetic interest of the Congress, the Department has obtained much of the legislative authority required to meet its various recommendations. Among the principal actions are the following: Public Law 250 % authorized the appointment of three Deputy Under Secretaries of State, thus permitting the establishment of the position of Deputy Under Secretary of State for Administration. The position of Career Ambassador of the United States has been created (P. L. 250, Sec. 4) and we note that steps have been taken which should shortly enable the President to name a few outstanding Career Ministers to that high position. Section 821 of the Act of 1946 has been amended 6 so that retire- ment annuities of Foreign Service officers may be calculated on the basis of the highest five years of service for which full contributions to the fund have been made. This action removes the former ceiling which we viewed as unjust; it gives more equitable treatment to B 7 } j ) 1 Issued as a “Departmental Notice" on Jan. 23, 1956. See in this connection statement by the Secretary of State of Feb. 2, 1956; Department of State Bulletin, Feb. 13, 1956, pp. 248–249. * The first audit report, dated Oct. 12, 1954, was also issued as a “Depart- mental Notice,” on Nov. 4, 1954. See in this connection Department of State statement of Oct. 4, 1954 (ibid., Oct. 18, 1954, p. 570); statement by Secretary Dulles of Sept. 8, '1954 (ibid., Sept. 27, 1954, pp. 444-446); and address by Charles E. Saltzman, Under Secretary for Administration, on Sept. 10, 1954 (ibid., pp. 436-444). The second audit report, dated Feb. 26, 1955, was made public on Mar. 23, 1955, also as a “Departmental Notice"; ibid., Apr. 11, 1955, pp. 623–627. Loy W. Henderson was designated Deputy Under Secretary for Administra- tion, effective Jan. 26, 1955. * Reference is to second audit report noted above. • PL 250, 84th Cong., 1st sess., Aug. 5, 1955; 69 Stat. 536. • Ibid., 537. 3216 AMERICAN FOREIGN POLICY, 1950-1955 per me ma suf evi Members of the Committee who have travelled extensively during Service” had, notwithstanding, been filled by persons with Civil officers of long service. Also of benefit is the provision which permits Ser Foreign Service officers to choose whether they wish to receive the teg pay differential at a hardship post or credit for time and a half wh: toward retirement. Provisions for education allowances for children of Foreign Service employees serving overseas and for a home transfer foi allowance give a much brighter aspect to the entire allowances struc- ture in which the Committee has a continuing interest. The officers who did the necessary work to implement the authorizing legislation tio deserve commendation. FO Section 413 (b) of the Act' has been amended to permit appointment to of lateral entrants at any salary step within a Foreign Service officer fing class, thereby permitting transfer without diminution of salary. The the results of this action on the rate of integration and in equitable treatment of officers being integrated are notable. Congress has Co established a ceiling of 1,250 (in addition to the first authorization of 500) on the number of lateral entrants who may be brought into the cla Foreign Service officer corps and has undertaken to review a request POS for added authority if the need should arise. "u New Legislation: the The Committee has been asked for its views on additional legislation Th to amend the Foreign Service Act of 1946, Wb It fully supports the proposal for an increase in salaries of Chiefs of ex] Mission and of the senior Foreign Service officer classes. It is like- wise sympathetic to the Department's plans to request the Congress Ag for authority to permit a modest number of additional lateral appoint- ments (in the neighborhood of 100 to 125) to be made from among persons who were not on the rolls of the Department or the Foreign lat Service Reserve or Staff as of March 1, 1955, yet possess abilities Th needed in the Foreign Service. of sho the past year and observed conditions in foreign posts also stressed the need for additional facilities, most particularly housing and.com missaries, recreational facilities, provisions for education and health for Foreign Service personnel and their dependents in hardship areas , As We note that the Department is considering requesting authority and that these be pursued vigorously with the appropriate committees of lon Congress. th ha Foreign Service Positions: wl After unusually careful consideration, the Committee noted with ha concern that several positions, which had been designated as “Foreign org mo Se sig to 160 Stat. 1003. ORGANIZATION AND SPECIAL RESPONSIBILITIES 3217 @ D r 8 e S e 1 $ Service classifications, who were either unable or unwilling to be in- tegrated. This practice breaches the basic policy of the program, f which was to cease staffing Foreign Service positions with Civil Service personnel and to transfer those who had not been integrated into non- r Foreign Service posts. The Committee notes that your directive as set forth in Depart- S mental Circular #115, dated September 8, 1954, read "With excep- tions based on individual circumstances, Departmental officers holding Foreign Service positions' who are unwilling to transfer will be moved t to 'non-Foreign Service positions in the Department or assisted to find other employment. The Department will endeavor to minimize the disruption to the careers of such employees. Every effort will be made to complete this phase of the program within three years". The Committee now discerns a tendency not to pursue this directive with f sufficient vigor. This was evidenced by the fact that very few persons classified in the Civil Service have been moved from Foreign Service 6 positions into others still classified in the Civil Service. Further evidence indicated that nothing has been done to encourage those "unwilling" to transfer to find other employment. It seems clear to the Committee that the difficult problems in effecting so large a re- organization are sufficiently numerous under the best circumstances, They will most certainly be multiplied by the adoption of expedients which readily harden into routine practices and defeat the clear and explicit directive of the Secretary. Age: The problem of the application of age limitations to the transfer of lateral entrants has been of continuing concern to the Committee. The adoption of more liberal regulations by the Board of Examiners of the Foreign Service is, therefore, encouraging: These modifications should help to meet the Committee's apprehension that the previously more restrictive standards tended to perpetuate the duality in Foreign Service personnel administration which the present program is de- signed to eliminate. Assignment and Career Development: Career development is a field in which the Committee has had a long-standing interest and one which has particular significance for the future of the Foreign Service. Members of the Office of Personnel have outlined their views, their long-range planning and the steps which they have taken. Ít is evident that much time and thought has been devoted to the problem. Nevertheless a great deal remains to be done. 5 1 Department of State Bulletin, Sept. 27, 1954, pp. 444-446. 415900_57--Vol. 2_99 3218 AMERICAN FOREIGN POLICY, 1950-1955 R IE P 1: T ri S CP r t the departure for home leave and transfer of previous incumbents. is made there (will] be further provision for the “full staffing factor”. The Committee has given close attention to the report of the Deputy Assistant Secretary for Personnel on the problems involved in sending to the field Departmental officers who have been integrated and in creating an even flow between the field and the Department without disrupting the work of either. It is fully convinced that this process will not proceed either at the pace that it should, as smoothly as it ought, or as effectively as it needs to, until the job analysis for each post has been put upon punch cards and the personnel characteristics, experience, skills and capabilities of each officer have also been put on punch cards, and put into active use. Only when this is done will it be possible to make the swift and accurate assignments which are so essential to the smooth operation of so complex a process. We consider it essential that this should be put in the hands of some person of experience and skill charged with it not as a matter of marginal attention, but as his central responsibility; the process should be started without further delay. It would not substitute mechanical for personal judgment, but should help speed up and make more effective and economical & routine operation presently carried out laboriously by hand. This would facilitate more speedy personal judgments. We are gratified to learn of plans to reappraise officers periodically for personnel purposes and to enable assignment officers to benefit from multiple rather than one man appraisals. With the growth of the Foreign Service there is need to improve and extend the informa- tion available to officers in charge of assignments. Without such information no career development system can be meaningful. A necessary corollary to this improvement of personnel information must be the selection and training of qualified officers for administrative work, for specialized economic tasks and for other specialized fields. Man-in-Motion: The Committee was particularly happy to note clear evidence of in- creased effectiveness in the presentation of the needs of the Depart- ment to the Bureau of the Budget. It expressed the hope that these procedures will be still further strengthened in future presentations. We are greatly pleased also at the cooperative spirit manifested by the officers of the Bureau of the Budget toward Departmental requests . At our last meeting we were impressed with the necessity for de- veloping a realistic personnel and budget procedure in order to keep full post complements available at all times in Foreign Service estab- lishments. We are informed that the Bureau of the Budget has recog, nized this need in principle. The Department's plans for its fiscal year 1957 budget would permit the assignment of replacements to positions designated as of special importance simultaneously with C 1 r E ORGANIZATION AND SPECIAL RESPONSIBILITIES 3219 Recruitment: $ We congratulate the Department on the impressive success of its recruiting program. It has resulted in more than ten times as many persons taking the written examination for the Foreign Service in 1955 than 1954. This is clear evidence that the reputation of the Foreign Service among young people has been restored and they are ready to make it their careers. We note also that the new form of examination has produced substantially the same percentage of passing grades as the earlier examination, the figures for six years being: 1950 20. 2 1951 22. 79 1952 22. 4 1953 20.8 1954 20. 7 1955 19.7 The screening in the oral examinations is being carried forward rigorously. A somewhat smaller percentage of those who have passed the written examination are being accepted after the oral examination. The wastage of prospective officers through security requirements continues to be negligible. From these observations the Committee concludes that there is no evidence of any deterioration of quality because of the revisions in examination procedures which have been initiated during the last 18 months. As has been the case in the past and as the Committee hoped, no "specialized” preparation for the Foreign Service dominated the recruitment; indeed, those with the broadest and most fundamental educational programs showed the best percentages in passing the written examination. However, we consider it important that the results of the examina- tions be continuously evaluated with a view to determining whether the new procedures are producing not only the number but also the type of officer required to meet the needs of our representation abroad. Such continuing reappraisal will pay worthwhile dividends and will assist in maintaining the momentum built up through the growing awareness in the colleges and universities of the rewarding possibilities of a Foreign Service career. Delays in Processing: The Committee is seriously disturbed, however, by the present delays in processing applicants for the Foreign Service officer corps, particularly prospective FSO-6's. Even with increased centers where the written examinations for entry into Class 6 may be taken, with the decentralizing of the oral examination process to various parts of the United States and with the modification of the former requirement for full security clearance for applicants before oral examination, it still remains a fact that the completion of the appointment process is requiring a minimum of 1 3220 1950-1955 AMERICAN FOREIGN POLICY, 01 lo 01 ol TV a D A ti a b 9. d S P Dr. about six months. While it is realized that delay in many cases arises from unavailability due to military service or other causes, we believe that a determined attempt should be made to speed up this operation. The striking improvement in recruiting rests upon assurances that protracted waiting between examination and appointment would be remedied. Failure to carry out those assurances would impair the improved relationship with educational institutions. Foreign Service Institute: We are pleased with the evidence of the strengthening of the For- eign Service Institute. With the approval of the White House and the Secretary, the training plans of the Institute have been given high priority and the program has been expanded. Organization has been markedly improved, and the staff has been augmented both quantitatively and qualitatively. Junior and mid-career officer training courses have been instituted. The Director of the Institute is to be commended on the devotion and imagination he has brought to his work. Three points, however , we would like to emphasize. First, the physical facilities remain unsatisfactory. In spite of energetic attempts to ameliorate the situ- ation, the results fall short of providing the facilities such a high-level institution should have. Second, we reiterate our conviction that the Institute program should be greatly strengthened for the career development of senior officers. Third, the language program should be enlarged and made more readily available. There are and long have been more full time language students en- rolled in the Foreign Service Institute for a considerable period of time who come from the Air Force than from the Department of State and the Foreign Service. This means simply that the budget of the Air Force has for years provided enough persons so that when an officer is to be assigned overseas as an attaché there are replace- ments available to carry on while he spends many months studying a foreign language. This is wise and we commend the Air Force for the procedure. It is obvious, however, that the Foreign Service has more need for foreign languages than the Air Force. Yet it has been so restricted in available personnel that it has not released adequate numbers of men from daily tasks to permit mastery of the language of the country to which they are to be assigned. We observe with satisfaction that the number is increasing and that requests in the next budget proposa to increase it still further; we earnestly hope that this practice will continue to be developed. We also feel strongly that the mere requirement that a person shall “pass an examination” in a modern foreign language before he is ment that before he is promoted to Class 3 he should be given the a ORGANIZATION AND SPECIAL RESPONSIBILITIES 3221 opportunity for further study, if necessary, so that he shall not have lost what knowledge he had but will actually be in fluent command of the appropriate language. In order to make this possible, however, further personnel must be found to permit releasing Foreign Service officers for study on a more comprehensive basis than heretofore. With regard to earlier recommendations regarding the services which can be adequately and economically performed elsewhere on a contract basis we have noted that university assignments have been substantially expanded and that the Institute has plans for further expansion. In connection with this and other developments within the Insti- tute we are pleased to learn that the Department will reconstitute an Advisory Committee. In our judgment this Committee should be formed soon so that its advice may be available to the Institute and give it added prestige. The Committee has at all times been aware of the Foreign Service's difficulties in finding needed specialists. It heard with particular satisfaction that arrangements are being entered into with the De- partment of Commerce for the exchange of some Foreign Service personnel with Commerce personnel and that a like arrangement has been made for the exchange of an officer with the Budget Bureau. This process is certain to promote better understanding of the prob- lems of mutual concern. We hope this practice may be expanded and that it will facilitate the staffing of posts requiring specialists, particularly during the difficult transition period. We feel also that some problems of staffing which have been acute can be met by greater use of the Foreign Service Reserve provisions of the Law of In our discussion there was comment upon recent articles appearing in newspapers and periodicals critical of the Foreign Service and the Department. These have stressed faults or shortcomings to the cor- section of which your program was directed. These articles and letters have seldom taken cognizance of the new administrative program or of the progress which has been made in its implementation. The Committee recommends urgently that ways be found not only to employ all the available facilities of the Department but also every other means to bring to the attention of the public the essential nature of the program and the steps which are in progress to carry it out and the benefits to the Department and the Foreign Service which will ensue therefrom. This Committee was appointed in March 1954 and has been in service, at various times, for a year and two-thirds. Since our major report, in June 1954, we have had three auditing sessions. 1946. Toward a Stronger Foreign Service: Report of the Secretary of State's Public Committee on Personnel (Department of State publication 5458; 1954). 3222 AMERICAN FOREIGN POLICY, 1950–1955 It was upon the suggestion of this Committee itself, when it made its original report, that you continued it in a consultative capacity in order to advise you as to progress in implementing those portions of the program which you specifically approved. The principles of the reorganization have now been established and much of the machinery for the implementation has been framed. The Committee feels, therefore, that it ought not to continue in the capacity of "watchdog" unless, on thorough review by you and the officers associated with you, you are convinced there are positive reasons for so doing. ܝܚܚܪܚܵܕܵܢܵܣܵܗܚܵܝܝܵܪܵܛܺܚ܀ ܚܺܘ݂ܬܵܚܰܝܢܺܝܝܰ: ܚܚܙܟ دفنه، نه "شنتشن ORGANIZATION OF THE SECRETARY DIRECTOR, EXECUTIVE SECRETARLAT S DEPARTMENT OF STATE JUNE 1,1956 S/S UNDER SECRETARY DIRECTOR GENERAL FOREION SERVICE 0118 DIRECTOR INTERNATIONAL COOPERATION ADMINISTRATION DEPUTY UNDER SECRETARY. FOR ECONOMIC AFFAIRS DEPUTY UNDER SECRETARY FOR POLITICAL AFFAIRS DEPUTY UNDER SECRETARY FOR ADMINISTRATION FOREIGN SELCE INSPECTION COXPS ICA SOIFICN SERVICE INSTITUTE OPS ASSISTANT SECRETARY FOR POLICY PLANNING SPECIAL ASSISTANT MUTUAL SECURITY AFFAIRS SPECIAL ASSISTANT ATOMIC ENERGY AFFAIRS LEGAL ADVISER COUNSELOR S/P U/MSA SIAE Office of International Financial de Development Affairs . OFD Lend Lease & Surplu. Property Division - LL International Finance Division FN Economic Development Division ED Ollice of Transport & Communic.. tione . TRC Aviation Division - AY Shipping Division SH Telecommunication, Division TD Office of International Trade & Re. sources ITR Economic Defense Division - ECD Fuela Division - FSD International Buninco. Practice. Division - BP Trade Agreements and Treatie. Division - TAD International Resource. Div. IRD A$$LSTANT SECRETARY.CONTROLLER ADMINISTRATOR HIIREAU OF SECURITY AND CONSULAX AFFAIRS Sca Cilice of Personnel - PER Manajemen & Service. Diy . MSD Employment Division EMD Personnel Operation. Div. POD Allowance. Div. - ALD Classification & Wagt Admin. Div. Orlice of Keluget und Mipratio: Affair. - OKM Pussport Office - PPT Visa Office VO Office of Special Consular Services SCS Ollice of Security - Y Div. of Physic*l Security . SYM Div. at Evalvativna SYE Div. of Investigation - 5171 Office of faunition. Control - MC CWD SPECIAL ASSISTANT INTELLIGENCE ASSISTANT SECRETARY CONGRESSIONAL RELATIONS ASSISTANT SECÅETARY PUBLIC AFFAIRS R P Ollice of General Services OGS Div. of Supply Management - SD Div, of Operating Facilities - FD Div. of Records Management - RM Despatch Agency - DA Office of Special Service. - Oss Div. of Communications - DC Div. of Visual Service. - VS Div. of Publishing Services PB Div. of Language Services - LS Cryptography Stult - CY Foreign Reporting Sta! - REP Arta and Monuments adviser AM Clemency and Parole Board . CPO Safety Director DS international Educational Exchange Service . ILS UNESCO Relations Suit URS New# Division - ND Public Studies Diviston - PS Public Service. Division - SEV Historical Division - HD DEM Office of Intelligence Research - OIR Div. of Functional Intelligence - DFI Div, of Research for American Republic. - DRA Div. of Research for Western Europe - DRW Div. of Research for USSA and Exetern Europe - DRS Div. of Rescarch for Fur East - DRF Div. of Research for Near East, S, Asia, the Africa - DAN Olfice of Libraries and latelligence. Acquisition - OLI Div. of Acquisition and Distribution- LAD Library Division LR Div. of Biographic Information BI Ollice of Budget .OR Dir, of Program Review DPR Div. of Financial Management Office of Finance • OF Div, of account, ACD Dly, of Audit - AUD Office of Foreiga Building. - HBO Regulatian. & Procedure. Stall - AIRP - . ASSISTANT SECRETARY INTER-AMERICAN AFFAIRS ASSISTANT SECRETARY NEAR EASTERN, SOUTH ASIAN, AND AFRICAN AFFAIRS ASSISTANT SECRETARY EUROPEAN AFFAIRS AISLSTANT SECRETARY FAR EASTERN AFFAIRS ASSDTANT SECRETARY INTONATIONAL ORGANIZATION AFFAIRS ARA EUR 10 NEA Office of Middle American Adair. - MID Office of South American Affairs OSA Ottice of Inter-American Regional Political Affair. - RPA Ollice of Inter-American Repional Economic Affairs - REA 415900 O -57 ( Face p. 3222) No. 1 Office of British Commonwealth and Northern Luropean Alinir. • BNA Office of Eastern Luropean Atair. Office af Greek, Turkish and Iranian Affairs - GTI Office of South Aslan Alfair. - SOA Office of Neur Lautern Atairs NE Office of African Affair. - AF ottice of Chinese Adair. Office of Northeast Asian Affaixo . NA Olrice of Southeast Asian Affair. - SEA Orlict of Southwest Pacific Affair. SPA aulice of Dependent Ares Allair. ODA Quice of UN PUtiel . becurity Altair. - UMP Quice of International Iconarnick Social Abar. -OCS arrice of latarutional Conference. OIC Otico al lateralianl Administration OLA Office of German Alairs - GER olice of Wettera Luroptan Affair. WE Office of Europeia Aeglonal Affairs RA DIPLOMATIC MISSIONS, CONSULAR OFFICES, AND DELEGATIONS TO INTERNATIONAL ORGANIZATIONS ORGANIZATION AND SPECIAL RESPONSIBILITIES 3223 Passports 6. AUTHORITY OF THE SECRETARY OF STATE IN THE IS- SUANCE OF PASSPORTS: Statement by the Department of State, May 24, 1952 1 1. The Secretary of State has discretionary authority in the issuance of passports, both as a power inherent in the exercise of the Presi- dential authority to conduct foreign relations and as a matter of statutory law.2 2. Various Secretaries of State have exercised the right to refuse passports or withdraw passports already issued. Various courts and attorneys general of the United States have rendered opinions in which the discretionary authority of the Secretary of State in the issuance of passports has been recognized. In an opinion of August 29, 1901, the Attorney General stated: Substantial reasons exist for the use by Congress of the word “may” in connec- tion with authority to issue passports. Circumstances are conceivable which would make it most inexpedient for the public interests for this country to grant a passport to a citizen of the United States. For example, if one of the criminal class, an avowed anarchist for instance, were to make such application, the public interests might require that his application be denied. Without expressing any opinion as to whether a passport should be granted to Ng Faun, I advise you that it may, in your discretion, be granted or withheld. 3 In the case of Perkins v. Elg, 307 U. S. 325 (1939), the Supreme Court, after holding that the Secretary of State should be included in a decree declaring the plaintiff to be a natural-born citizen of the United States, had the following to say: The decree in that sense would in no way interfere with the exercise of the Secre- tary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the ground 4 that Miss Elg had lost her American citizenship. 3. For many years the Department has refused passports to persons for many reasons. For example, passports are denied when evidence in the Department's files shows that the applicant for the passport is a fugitive from justice or mentally ill or likely to become a public charge abroad, et cetera. 4. For many years the Department has also refused passports to persons when it had in its files clear evidence that they had, on pre- vious trips abroad, engaged in political activities in foreign countries. 5. The Department reexamined its policy respecting the issue of passports to Communists and persons believed to be Communists and subversives after both the judicial and legislative branches of the Department of State Bulletin, June 9, 1952, pp. 919–920. 2 See the act of Aug. 18, 1956 (11 Stat. 60), the act of June 14, 1902 (32 Stat. 386), and the act of July 3, 1926 (44 Stat. 887). 3 23 Op. Atty. Gen. 509-511, at 511. 4 This phrase in the opinion of the Supreme Court as reported in 307 U. S. 325 reads“on the sole ground." 1 3224 AMERICAN FOREIGN POLICY, 1950-1955 I 01 + th ai h W ir p b 0i a m fo ch th ad ai CE Government had made certain findings concerning the Communist movement in the United States. The U. S. Court of Appeals for the Second Circuit, in upholding the conviction of the 11 leading Com- munists in New York, found that the conspiracy in which they were participants was a “clear and present danger to the United States.” 1 The Congress of the United States, in the Internal Security Act of 1950,2 made these findings: That there exists a world-wide Com- munist revolutionary movement, the purpose of which is by treachery, deceit, espionage, and sabotage to establish a Communist totalitarian dictatorship in countries throughout the world; that, due to the world- wide scope of the movement, the travel of Communist members, representatives, and agents from country to country is a prerequisite for the carrying on of activities to further the purpose of this revolu- tionary movement; and that individuals in the United States, by participating in this movement, in effect, repudiate their allegiance to the United States and transfer their allegiance to the foreign country which controls the Communist movement. It was decided that, in view of the findings by the court and the Congress, it would be inappropriate and inconsistent for the Depart- ment to issue a passport to a person if information in its files gave reason to believe that he is knowingly a member of a Communist or- ganization or that his conduct abroad is likely to be contrary to the best interests of the United States. This policy has been followed since February, 1951, and, in view of the national emergency pro- claimed by President Truman : and the conditions existing in various areas of the world, it is believed that it should be closely adhered to. 6. A passport certifies to foreign governments not only the citizen- ship and identity of the bearer, but requests them to permit him safely and freely to pass and, in case of need, to give all lawful aid and protection. Possession of the passport indicates the right of the bearer to receive the protection and good offices of American diplomatic and consular officers, abroad. The right to receive the protection of this Government is correlative with the obligation to give undivided allegiance to the United States. A person whose activities, either at home or abroad, promote the interests of a foreign country or & political faction therein to the detriment of the United States or of friendly foreign countries should not be the bearer of an American passport. 7. Passports are refused only on the basis of very clear and definite reports from the investigative and security offices of this Department and of other Government departments and agencies and from foreign governments containing well-authenticated information concerning past and present activities and associations of the applicant. The decision not to issue a passport or to withdraw a passport already issued does not represent the judgment of the Passport Division alone, but is reached after consultation by responsible officers of the Passport is T of ai ho of ti Ji M to to 51 1 This is apparently based on the statement, in the Court's opinion, "We holdy 1? that it is a danger 'clear and present'" (183 F. (2d), 201-237, at 213). D 2 PL 831 (81st Cong., 2d sess.), Sept. 23, 1950; 64 Stat. 987. 18 3 Proclamation 2914 of Dec. 16, 1950; 15 Fed. Reg. 9029. ORGANIZATION AND SPECIAL RESPONSIBILITIES 3225 Division with security officers, and political and administrative officers of the Department. This group varies according to the area or areas in which the applicant desires to travel. The decision is therefore the decision of the Department. 8. Any applicant who has been refused a passport has every right and is given every opportunity to request further consideration of his case and may present any evidence or information which he may wish to have considered. The particularity with which he may be informed of the contents of the reports in the Department's file de- pends, of course, upon the source and classification of such reports, but it is usually possible to inform him in a general way of the nature of the evidence and the information upon which he has been refused à passport. Any new evidence or information which the applicant may submit is referred to the officers who first examined the case for evaluation and expression of opinion as to whether a passport may be issued. The Department cannot violate the confidential character of passport files by making public any information contained therein. 9. The Secretary of State has the authority to establish any administrative procedures respecting passports which he may deem appropriate. These procedures are under constant review and a continuing effort is made to see that they are fair and efficient. There is a board in the Passport Division for questions of loss of nationality. The consultations between officers of the Passport Division and officers of other divisions of the Department and with the Foreign Service abroad, in effect, constitute in a given case a most fair and compre- hensive board of review action in the denial of a passport in the interests of the United States. I 7. REGULATIONS CONCERNING THE ISSUANCE OF PASSPORTS, AUGUST 28, 1952 2 Pursuant to the authority vested in me by paragraph 126 of Execu- tive Order No. 7856, issued on March 31, 1938 (3 F. R. 681; 22 CFR 51.77), under authority of section 1 of the act of Congress approved July 3, 1926 (44 Stat. 887; 22 U.S.C.211 (a)), the regulations issued on March 31, 1938 (Departmental Order 749) as amended (22 CFR 51.101 to 51.134) are hereby further amended by the addition of new $ $ 51.135 to 51.143 as follows: Sec. 51. 135 Limitations on issuance of passports to persons supporting Communist movement. 51. 136 Limitations on issuance of passports to persons likely to violate laws of the United States. 1 See in this connection statement by Secretary of State Acheson of June 18, 1952; Department of State Bulletin, July 7, 1952, pp. 40-42. 2.17 Fed. Reg. 8013-8014. See in this connection statement issued by the Department of State on Sept. 2, 1952; Department of State Bulletin, Sept. 15, 1952, p. 417. 3226 AMERICAN FOREIGN POLICY, 1950–1955 n it S TE a H Р re A re ad ad d m in ad B Sec. 51. 137 Notification to person whose passport application is tentatively disapproved. 51. 138 Appeal by passport applicant. 51, 139 Creation and functions of Board of Passport Appeals. 51. 140 Duty of Board to advise Secretary of State on action for disposition of appealed cases. 51. 141 Bases for findings of fact by Board. 51. 142 Oath or affirmation by applicant as to membership in Com- munist Party. 51. 143 Applicability of $$ 51.135 to 51.142. AUTHORITY: $$ 51.135 to 51.143 issued under sec. 1, 44 Stat. 887; 22 U. S. C. 211a. $ 51.135 Limitations on issuance of passports to persons supporting Communist movement. In order to promote the national interest by assuring that persons who support the world Communist movement of which the Communist Party is an integral unit may not, through use of United States passports, further the purposes of that movement, no passport, except one limited for direct and immediate return to the United States, shall be issued to: (a) Persons who are members of the Communist Party or who have recently terminated such membership under such circumstances as to warrant the conclusion-not otherwise rebutted by the evidence- that they continue to act in furtherance of the interests and under the discipline of the Communist Party: (b) Persons, regardless of the formal state of their affiliation with the Communist Party, who engage in activities which support the Communist movement under such circumstances as to warrant the conclusion--not otherwise rebutted by the evidence that they have engaged in such activities as a result of direction, domination, or control exercised over them by the Communist movement. (c) Persons, regardless of the formal state of their affiliation with the Communist Party, as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and wilfully of advancing that movement. $ 51.136 Limitations on issuance of passports to persons likely to violate laws of the United States. In order to promote the national interest by assuring that the conduct of foreign relations shall be free from unlawful interference, no passport, except one limited for direct and immediate return to the United States, shall be issued to persons as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities while abroad which would violate the laws of the United States, or which if carried on in the United States would violate such laws designed to protect the security of the United States. $ 51.137 Notification to person whose passport application is tenta- tively disapproved. A person whose passport application is tentatively disapproved under the provisions of 3 51.135 or $ 51.136 will be T 01 01 th S pi it: th SE pi th al t] g V fc P li W Y I 0 ORGANIZATION AND SPECIAL RESPONSIBILITIES 3227 notified in writing of the tentative refusal, and of the reasons on which it is based, as specifically as in the judgment of the Department of State security considerations permit. He shall be entitled, upon request, and before such refusal becomes final, to present his case and all relevant information informally to the Passport Division. He shall be entitled to appear in person before a hearing officer of Passport Division, and to be represented by counsel. He will, upon request, confirm his oral statements in an affidavit for the record. After the applicant has presented his case, the Passport Division will review the record, and after consultation with other interested offices, advise the applicant of the decision. If the decision is adverse, such advice will be in writing and shall state the reasons on which the decision is based as specifically as within the judgment of the Depart- ment of State security limitations permit. Such advice shall also inform the applicant of his right to appeal under $ 51.138. $ 51.138 Appeal by passport applicant. In the event of a decision adverse to the applicant, he shall be entitled to appeal his case to the Board of Passport Appeals provided for in 8 51.139. $ 51.139 Creation and functions of Board of Passport Appeals. There is hereby established within the Department of State a Board of Passport Appeals, hereinafter referred to as the Board, composed of not less than three officers of the Department to be designated by the Secretary of State. The Board shall act on all appeals under $ 51.138. The Board shall adopt and make public its own rules of procedure, to be approved by the Secretary, which shall provide that its duties in any case may be performed by a panel of not less than three members acting by majority determination. The rules shall accord applicant the right to a hearing and to be represented by coun- sel, and shall accord applicant and each witness the right to inspect the transcript of his own testimony. $ 51.140 Duty of Board to advise Secretary of State on action for dis- position of appealed cases. It shall be the duty of the Board, on all the evidence, to advise the Secretary of the action it finds necessary and proper to the disposition of cases appealed to it, and to this end the Board may first call for clarification of the record, further investi- gation, or other action consistent with its duties. 51.141 Bases for findings of fact by Board. (a) In making or re- viewing findings of fact, the Board, and all others with responsibility for so doing under $$ 51.135 to 51.143, shall be convinced by a pre- ponderance of the evidence, as would a trial court in a civil case. (b) Consistent and prolonged adherence to the Communist Party line on a variety of issues and through shifts and changes of that line will suffice, prima facie, to support a finding under $ 51.135 (b). $ 51.142 Oath or affirmation by applicant as to membership in Com- munist Party. At any stage of the proceedings in the Passport Division or before the Board, if it is deemed necessary, the applicant may be required, as a part of his application, to subscribe, under oath or affirmation, to a statement with respect to present or past member- ship in the Communist Party. If applicant states that he is a Com- 3228 AMERICAN FOREIGN POLICY, 1950–1955 munist, refusal of a passport in his case will be without further proceedings. $ 51.143 Applicability of $8 51.135 to 51.142. When the standards set out in $ 51.135 or $ 51.136 are made relevant by the facts of a particular case to the exercise of the discretion of the Secretary under $ 51.75, the standards in $$ 51.135 and 51.136 shall be applied and the procedural safeguards of $$ 51.137 to 51.142 shall be followed in any case where the person affected takes issue with the action of the Department in granting, refusing, restricting, withdrawing, cancelling, revoking, extending, renewing, or in any other fashion or degree affecting the ability of a person to use a passport through action taken in a particular case. Date of issuance: August 28, 1952. For the Secretary of State. W. K. SCOTT; Acting Deputy Under Secretary. 8. RULES OF THE BOARD OF PASSPORT APPEALS, JANUARY 4, 1954 1 { I I 8 Pursuant to the authority vested in the Board of Passport Appeals by the Regulations of the Secretary of State issued on August 28, 1952 (17 F. R. 8013; 22 CFR 51.139) 2 and pursuant to the authority vested in the Secretary of State by paragraph 126 of Executive Order No. 7856, issued on March 31, 1948 [1938] (3 F. R. 681;22 CFR 51.77), under authority of section 1 of the act of Congress approved July 3, 1926 (44 Stat. 887; 22 U. S. C. 211 (a)), the regulations issued on March 31, 1938 (Departmental Order 749) as amended (22 CFR 51.101 through 51.143) are hereby further amended by the addition of the following rules of the Board of Passport Appeals as adopted by the Board, and approved by the Secretary for incorporation as $8 51.151 through 51.170 of Subpart B of Part 51 of 22 CFR: Sec. 51.151 Organization of Board. 51.152 Decisions of the Board. 51.153 Counsel to the Board. 51.154 Examiner. 51.155 Chairman. 51.156 Prior administrative remedies. 51.157 Petition. 51.158 Delivery of papers. 51.159 Notice of hearing. 51.160 Appearance. 1 19 Fed. Reg. 161-162. See in this connection statement issued bythe Depart- ment of State on June 6, 1955; Department of State Bulletin, June 27, 1955, pp. 1050–1051. Barnets 2 2 a r t 8 8 2 See supra. I ORGANIZATION AND SPECIAL RESPONSIBILITIES 3229 er 1s a er id in де gi ев an als 28, Sec. 51.161 Applicant's attorney. 51.162 Supplementary information to applicant. 51.163 Hearings. 51.164 Admissibility. 51.165 Argumentation. 51.166 Privacy of hearings. 51.167 Misbehavior before Board. 51.168 Transcript of hearings. 51.169 Notice of decision. 51.170 Probative value of evidence. AUTHORITY: $8 51.151 to 51.170 issued under sec. 1, 44 Stat. 887; 22 U, S. C. 211a. $ 51.151 Organization of Board. The Secretary of State shall appoint a Board of Passport Appeals consisting of three or more members, one of whom shall be designated by the Secretary as Chair- man. The Chairman shall assure that there is assigned to hear the appeal of any applicant a panel of not less than three members in- cluding himself or his designee as presiding officer, which number shall constitute a quorum. $ 51.152 Decisions of the Board. Decisions shall be by majority vote. Voting may be either in open or closed session on any question except recommendations under $ 51.140, which shall be in closed session. Decisions under $ 51.140 shall be in writing and shall be signed by all participating members of the Board. $ 51.153 Counsel to the Board. A Counsel, to be designated by the Secretary of State, shall be responsible to the Board for the scheduling and presentation of cases, aid in legal and procedural matters, infor- mation to the applicant as to his procedural rights before the Board, maintenance of records and such other duties as the Board or the Chairman, on its behalf, may determine. $ 51.154 Examiner. The Board may, within its discretion, appoint an examiner in any case, who may, with respect to such case, be vested with any or all authority vested in the Board or its presiding officer, subject to review and final decision by the Board, but, an applicant shall not be denied an opportunity for a hearing before the Board unless he expressly waives it. $ 51.155 Chairman. The Chairman, or his designee, shall preside at all hearings of the Board, and shall be empowered in all respects to regulate the course of the hearings and pass upon all issues relating thereto. The Chairman, or his designee, shall be empowered to administer oaths and affirmations. $ 51.156 Prior administrative remedies. It is required that prior to petitioning for an appeal, an applicant shall (a) exhaust the adminis- trative remedies available in the Passport Office, as set out in $ 51.137, and (b) comply with the provisions of $ 51.142, as a part of his applica- tion, if deemed necessary by the Passport Office. $ 51.157 Petition. An applicant desiring to take an appeal shall, within thirty calendar days after receipt of the advice of adverse ler 7), 3, On 01 che Ehe 51 art- PP. 3230 AMERICAN FOREIGN POLICY, 1950–1955 decision by the Passport Office, file with the Board a written petition under oath or affirmation which shall, in plain and concise language, refute or explain the reasons stated by the Passport Office for its decision. $ 51.158 Delivery of papers. Petitions or other papers for the atten- tion of the Board may be delivered personally, by registered mail, or by leaving a copy at the offices of the Board at the address to be stated in the advice of adverse action furnished applicant by the Passport Office. $ 51.159 Notice of hearing. Applicant shall receive not less than five calendar days notice in writing of the scheduled date and place of hearing which shall be set for a time as soon as possible after receipt by the Board of applicant's petition. $ 51.160 Appearance. Any party to any proceedings before the Board may appear in person, or by or with his attorney, who must possess the requisite qualifications, as hereinafter set forth, to practice before the Board. $ 51.161 Applicant's attorney. (a) Attorneys at law in good stand- ing who are admitted to practice before the Federal courts or before the courts of any State or Territory of the United States may practice before the Board, (b) No officer or employee of the Department of State whose official duties have, in fact, included participation in the investigation, prep- aration, presentation, decision or review of cases of the class within the competence of the Board of Passport Appeals shall, within two (2 years after the termination of such duties appear as attorney in behalf of an applicant in any case of such nature, nor shall any one appear as such attorney in a case of such class if in the course of prior gov- ernment service he has dealt with any aspects of the applicant's activities relevant to a determination of that case. $ 51.162 Supplementary information to applicant. The purpose of the hearing is to permit applicant to present all information relevant and material to the decision in his case. Applicant may, at the time of filing his petition, address a request in writing to the Board for such additional information or explanation as may be necessary to the preparation of his case. In conformity with the relevant laws and regulations, the Board shall pass promptly and finally upon all such requests and shall advise applicant of its decision. The Board shall take whatever action it deems necessary to insure the applicant of 8 full and fair consideration of his case. $ 51.163 Hearings. The Passport file and any other pertinent Gor- ernment files shall be considered as part of the evidence in each case without testimony or other formality as to admissibility. Such files may not be examined by the applicant, except the applicant may examine his application or any paper which he has submitted in con- nection with his application or appeal. The applicant may, appear and testify in his own behalf, be represented by counsel subject to the provisions of $ 51.161, present witnesses and offer other evidence in his own behalf. The applicant and all witnesses may be cross- examined by any member of the Board or its counsel. If any witnes ORGANIZATION AND SPECIAL RESPONSIBILITIES 3231 şe, its 2n- on whom the applicant wishes to call is unable to appear personally, the Board may, in its discretion, accept an affidavit by him or order evi- dence to be taken by deposition. Such depositions may be taken before any person designated by the Board and such designee is hereby authorized to administer oaths or affirmations for the purpose of the or depositions. The Board shall conduct the hearing proceedings in such ted manner as to protect from disclosure information affecting the na- ort tional security or tending to disclose or compromise investigative sources or methods. lan $ 51.164 Admissibility. The Board and the applicant may intro- ace duce such evidence as the Board deems proper. Formal rules of evi- ipt dence shall not apply, but reasonable restrictions shall be imposed as to the relevancy, competency, and materiality of evidence presented the to the Passport Office's stated reasons for its decision and/or to the Lust application of $ 51.135 or $ 51.136 to applicant's case. tice $ 51.165 Argumentation. All argumentation shall be directed to the application of the passport regulations to the facts of the particular .nd- case. The Board will permit no oral argument or motions relative fore to the legality or propriety of the hearing or other procedures of the ctice Board. Submission of such argument or motions will be confined to the filing of written briefs, objections, or motions to be made a icial part of the record. The Board will not undertake to consider any rep- such motion or contention. thin $ 51.166 Privacy of hearings. Hearings shall be private. There shall be present at the hearing only the members of the Board, half Board's Counsel, official stenographers, Departmental employees concerned, the applicant, his counsel, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony. $ 51.167 Misbehavior before Board. If, in the course of a hearing before the Board, an applicant or attorney is guilty of misbehavior, he may be excluded from further participation in the hearing. In addition, he may be excluded from participation in any other case before the Board $ 51.168 Transcript of hearings. A complete verbatim stenographic transcript shall be made of hearings by qualified reporters, and the and transcript shall constitute a permanent part of the record. Upon request, the applicant and each witness shall have the right to inspect the transcript of his own testimony. $ 51.169 Notice of decision. The Board shall communicate the action recommended under $ 51.140 on all cases appealed to it, to the Gor- Secretary of State. The decision of the Secretary of State shall be notified in writing to the applicant. Such notice shall be given the applicant as promptly as possible after his hearing before the Board. $ 51.170 Probative value of evidence. In determining whether there is a preponderance of evidence supporting the denial of a passport ppear the Board shall consider the entire record, including the transcript of the hearing and such confidential information as it may have in its possession. The Board shall take into consideration the inability of the applicant to meet information of which he has not been advised, (2) pear gov- ant's se of vant time such the such shall ; of 8 { case 2 files may CON- ect to dence CROSS- itness 3232 AMERICAN FOREIGN POLICY, 1950–1955 specifically or in detail, or to attack the creditability of confidential informants. Adopted by the Board of Passport Appeals December 30, 1953. Dated: January 4, 1954. (SEAL] THRUSTON B. MORTON, Chairman, Board of Passport Appeals. JOHN FOSTER DULLES, Secretary of State. Immigration and Visas [IMMIGRATION AND NATIONALITY ACT OF 1952: Public Law 414 (82d Congress, 2d Session), June 27, 1952] 1 9. PRESIDENTIAL PROCLAMATION ESTABLISHING IMMIGRATION QUOTAS, JUNE 30, 1952 2 WHEREAS under the provisions of section 201 (b) of the Immigration and Nationality Act, the Secretary of State, the Secretary of Com- merce, and the Attorney General, jointly, are required to determine the annual quota of any quota area established pursuant to the provisions of section 202 of the said Act, and to report to the President the quota of each quota area so determined; and WHEREAS the Acting Secretary of State, the Acting Secretary of Commerce, and the Attorney General have reported to the President that in accordance with the duty imposed and the authority con- ferred upon them by section 201 (b) of the Immigration and Nation- ality Act, they jointly have made the determination provided for and computed under the provisions of section 201 (a) of the said Act; and have fixed, in accordance therewith, immigration quotas as hereinafter set forth: Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, acting under and by virtue of the authority vested in me by the aforesaid Act of Congress, do hereby proclaim and make known that the annual quota of each quota area hereinafter } ? 4 ! Sept. 166 Stat. 163. The act was amended by PL 770, 83d Cong., 2d sess., 3, 1954; 68 Stat. 1145. For a discussion of the changes in the visa work of the Department of State and the Foreign Service under the act of 1952, see ar- ticles by Eliot B. Coulter in the Department of State Bulletin, Feb. 2, 1953, pp. 195–203 and Feb. 9, 1953, pp. 232–239. 2 66 Stat. c36.. 3 PL 414; 82d Cong., 2d sess., June 27, 1952; 66 Stat. 163. 1 11 ORGANIZATION AND SPECIAL RESPONSIBILITIES 3233 enumerated has been determined in accordance with the law to be, and shall be, as follows: Area No. Quota area Quota SvOCTA CON . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 0 Afghanistan. Albania Andorra Arabian Peninsula Asia-Pacific triangle Australia Austria . Belgium Bhutan. Bulgaria Burma Cambodia Cameroons (trust territory, United Kingdom) Cameroons (trust territory, France) Ceylon China Chinese Czechoslovakia Danzig, Free City of Denmark Egypt Estonia Ethiopia Finland France. Germany Great Britain and Northern Ireland Greece Hungary Iceland, India Indonesia. Iran (Persia) Iraq Ireland (Eire) Israel Italy Japan Jordan Korea Laos, Latvia · Lebanon Liberia Libya. Liechtenstein Lithuania. Luxembourg Monaco Morocco Muscat (Oman) Nauru (trust territory, Australia) 100 100 100 100 100 100 1, 405 1, 297 100 100 100 100 100 100 100 100 105 2, 859 100 1, 175 100 115 100 566 3, 069 25, 814 65, 361 308 865 100 100 100 100 100 17, 756 100 5, 645 . . 185 100 100 100 235 100 100 100 100 384 100 100 100 100 100 100 3, 136 100 Nepal Netherlands New Guinea (trust territory, Australia) 415900-57—Vol. 2-100 3234 AMERICAN FOREIGN POLICY, 1950–1955 11 Area No. Quota area Quota , 100 2, 364 100 100 100 100 6, 488 . IS pe ti . WO 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 438 100 289 100 100 100 100 100 250 as New Zealand Norway Pacific Islands (trust territory, United States administered) Pakistan Palestine (Arab Palestine) Philippines Poland Portugal Ruanda-Urundi (trust territory, Belgium) Rumania Samoa, Western (trust territory, New Zealand) San Marino. Saudi Arabia Somaliland (trust territory, Italy) South-West Africa (mandate) Spain Sweden. Switzerland Syria. Tanganyika (trust territory, United Kingdom) Thailand (Siam): Togo (trust territory, France) Togoland (trust territory, United Kingdom) Trieste, Free Territory of . Turkey. Union of South Africa U. S. S. R. Vietnam Yemen Yugoslavia + 3, 295 1, 698 100 100 100 100 100 100 225 100 fes fe ni in U be ор 0 . 2, 697 100 100 933 res of fro Es So th ex Se pl N The provision of an immigration quota for any quota area is designed solely for the purposes of the Immigration and Nationality Act and shall not constitute recognition by the United States of the political transfer of territory from one country to another, or recogni- tion of a government not recognized by the United States. The following proclamations regarding immigration quotas are hereby revoked: Proclamation 2283 of April 28, 1938; Proclamation 2603 of February 8, 1944; Proclamation 2666 of September 28, 1945; Proclamation 2696 of July 4, 1946; Proclamation 2846 of July 27, 1949; and Proclamation 2911 of October 31, 1950.1 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this thirtieth day of June, in the year of our Lord nineteen hundred and fifty-two, and of the (SEAL] Independence of the United States of America the one hundred and seventy-sixth. th se ar tv SO m 152 Stat. 1544; 58 Stat. 1125; 59 Stat. 883; 60 Stat. 1353; 63 Stat. 1278; 64 Stat., pt. 2, A449, respectively. B li, ORGANIZATION AND SPECIAL RESPONSIBILITIES 3235 10. REFUGEE RELIEF ACT OF 1953,1 AS AMENDED BY THE ACT OF AUGUST 31, 1954 2 SHORT TITLE SECTION 1. This Act may be cited as the Refugee Relief Act of 1953. DEFINITIONS Sec. 2. (a) "Refugee” means any person in a country or area which is neither Communist nor Communist-dominated, who because of persecution, fear of persecution, natural calamity or military opera- tions is out of his usual place of abode and unable to return thereto, who has not been firmly resettled, and who is in urgent need of assistance for the essentials of life or for transportation. (b) "Escapee” means any refugee who, because of persecution or fear of persecution on account of race, religion, or political opinion, fled from the Union of Soviet Socialist Republics or other Commu- nist, Communist-dominated or Communist-occupied area of Europe including those parts of Germiny under military occupation by the Union of Soviet Socialist Republics, and who cannot return thereto because of fear of persecution on account of race, religion or political opinion. (c) "German expellee" means any refugee of German ethnic origin residing in the area of the German Federal Republic, western sector of Berlin, or in Austria who was born in and was forcibly removed from or forced to flee from Albania, Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, Union of Soviet Socialist Republics, Yugoslavia, or areas provisionally under the administration or control or domination of any such countries, except the Soviet zone of military occupation of Germany. (d) “Administrator" means the administrator of the Bureau of Security and Consular Affairs established in the Department of State pursuant to subsection (b) of section 104 of the Immigration and Nationality Act. 3 SPECIAL NONQUOTA VISAS; NUMBERS Sec. 3. There are hereby authorized to be issued two hundred five thousand special nonquota immigrant visas to aliens, specified in section 4 of this Act, seeking to enter the United States as immigrants and to their spouses and their unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, if accompanying them. * PL 203, 83d Cong., 1st sess., Aug. 7, 1953; 67 Ştat. 400. 2 PL 751, 83d Cong., 2d sess., Aug. 31, 1954; 68 Stat. 1044. Refugee Relief Act of 1953. with Amendments of August 31, 1954 (House Judiciary Com- mittee print, Oct. 1, 1954). See also the article by Frank L. Auerbach entitled "The Refugee Relief Act of 1953 as Amended” in the Department of State Bulletin, Sept. 27, 1954, pp. 452-458 (printed also as Department of State pub- lication 5615; 1954). * PL 414, 82d Cong., 2d sess., June 27, 1952; 66 Stat. 174. 3236 AMERICAN FOREIGN POLICY, 1950–1955 t a b ប si J ALLOCATION OF SPECIAL NONQUOTA VISAS SEC. 4. (a) Special nonquota immigrant visas authorized to be issued under section 3 of this Act shall be allotted as follows: (1) Not to exceed fifty-five thousand visas to German expellees residing in the area of the German Federal Republic or in the western sectors of Berlin or in Austria: Provided, That the visas issued under this paragraph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria. (2) Not to exceed thirty-five thousand visas to escapees residing in the area of the German Federal Republic or the western sectors of Berlin or in Austria: Provided, That the visas issued under this para- graph shall be issued only in the German Federal Republic or in the western sector of Berlin or in Austria. (3) Not to exceed ten thousand visas to escapees residing within the European continental limits of the member nations of the North Atlantic Treaty Organization or in Turkey, Sweden, Iran or in the Free Territory of Trieste and who are not nationals of the area in which they reside: Provided, That such visas shall be issued only in the area or areas mentioned in this paragraph, (4) Not to exceed two thousand visas to refugees who (a) during World War II were members of the armed forces of the Republic of Poland, (b) were honorably discharged from such forces, (c) reside on the date of the enactment of this Act in the British Isles, and (d) have not acquired British citizenship. (5) Not to exceed forty-five thousand visas to refugees of Italian ethnic origin, residing on the date of the enactment of this Act in Italy or in the Free Territory of Trieste: Provided, That such visas shall be issued only in the area or areas mentioned in this paragraph. (6) Not to exceed fifteen thousand visas to persons of Italian ethnic origin, residing on the date of the enactment of this Act in Italy or in the Free Territory of Trieste, who qualify under any of the prefer- ences specified in paragraph (2), (3) or (4) of section 203 (a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in Italy or in the Free Territory of Trieste. (7) Not to exceed fifteen thousand visas to refugees of Greek ethnic origin residing on the date of the enactment of this Act in Greece: Provided, That such visas shall be issued only in Greece. (8) Not to exceed two thousand visas to persons of Greek ethnic origin, residing on the date of the enactment of this Act in Greece, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203 (a) of the Immigration and Nationality Act: Provided, That such visas shall be issued only in Greece. (9) Not to exceed fifteen thousand visas to refugees of Dutch ethnic origin residing on the date of the enactment of this Act in continental Netherlands: Provided, That such visas shall be issued only in con- tinental Netherlands. (10) Not to exceed two thousand visas to persons of Dutch ethnic origin, residing on the date of the enactment of this Act in continental Netherlands, who qualify under any of the preferences specified in paragraph (2), (3) or (4) of section 203 (a) of the Immigration and I b SI ai 23 is Oosten II ORGANIZATION AND SPECIAL RESPONSIBILITIES 3237 Nationality Act: Provided, That such visas shall be issued only in continental Netherlands. (11) Not to exceed two thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are not indigenous to the area described in this paragraph. (12) Not to exceed three thousand visas to refugees, residing within the district of an American consular office in the Far East: Provided, That such visas shall be issued only in said consular office district and only to refugees who are indigenous to the area described in this paragraph. (13) Not to exceed two thousand visas to refugees of Chinese ethnic origin whose passports for travel to the United States are endorsed by the Chinese National Government or its authorized representatives. (14) Not to exceed two thousand visas to refugees who on the date of the enactment of this Act are eligible to receive assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Provided, That such visas shall be issued only in the area described in this paragraph. (b) The allotments provided in subsection (a) of this section shall be available for the issuance of immigrant visas to the spouses and unmarried sons or daughters under twenty-one years of age, including stepsons or stepdaughters and sons or daughters adopted prior to July 1, 1953, referred to in section 3 of this Act, of persons referred to in subsection (a) of this section. (c) Any allotments of visas provided in paragraphs (5) and (6), paragraphs (7) and (8), and paragraphs (9) and (10) of subsection (a) of this section, shall be available bilaterally within each of the three ethnic groups therein defined. ORPHANS SEC. 5. (a) Not to exceed four thousand special nonquota immi- grant visas may be issued to eligible orphans as defined in this Act who are under ten years of age at the time the visa is issued: Provided, That not more than two such special nonquota immigrant visas may be issued to eligible orphans adopted or to be adopted by any one United States citizen and spouse, unless necessary to prevent the Separation of brothers or sisters. (b) When used in this Act the term "eligible orphan” shall mean an alien child (1) who is an orphan because of the death or disappear- ance of both parents, or because of abandonment or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment or desertion by, or separation or loss from the other parent and the remaining parent is incapable of providing care for such orphan and has in writing irrev- ocably released him for emigration and adoption; (2) (a) who has been lawfully adopted abroad by a United States citizen and spouse, or (b) for whom assurances, satisfactory to the consular officer to whom a visa application on behalf of the orphan is made, have been 3238 AMERICAN FOREIGN POLICY, 1950–1955 a IS w ADJUSTMENT OF STATUS en SO 19 m mi given by a United States citizen and spouse that if the orphan is admitted into the United States they will adopt him in the United States and will care for him properly; and (3) who is ineligible for admission into the United States solely because the nonpreference PE portion of the quota to which he would otherwise be chargeable is th oversubscribed by applicants registered on the consular waiting list at the time his visa application is made: Provided, That no natural parent of any eligible orphan who shall be admitted into the United States pursuant to this Act shall thereafter, by virtue of such parent- age, be accorded any right, privilege, or status under the Immigration w and Nationality Act. be (c) The assurances required in this section shall be in lieu of the al assurances required in section 7 of this Act, and the provisions of sec- tion 7 (d) (2) shall not apply to eligible orphans as defined in this su section. pa be ot SEC. 6. Any alien who establishes that prior to July 1, 1953, he lawfully entered the United States as a bona fide nonimmigrant and that he is unable to return to the country of his birth, or nationality , or last residence because of persecution or fear of persecution on ac- count of race, religion, or political opinion, or who was brought to the United States from other American republics for internment, may, not au later than June 30, 1955, apply to the Attorney General of the United sh States for an adjustment of his immigration status. If the Attorney im General shall, upon consideration of all the facts and circumstances mi of the case, determine that such alien has been of good moral character for the preceding five years and that the alien was physically present in the United States on the date of the enactment of this Act and is me otherwise qualified under all other provisions of the Immigration and Sta Nationality Act except that the quota to which he is chargeable is tyj oversubscribed, the Attorney General shall report to the Congress all tio the pertinent facts in the case. If, during the session of the Congress in which a case is reported or prior to the end of the session of the Congress next following the session in which a case is reported, the Congress passes a concurrent resolution stating in substance that it of approves the granting of the status of an alien lawfully admitted for permanent residence to such alien, the Attorney General is authorized, of upon the payment of the required visa fee, which shall be deposited sul in the Treasury of the United States to the account of miscellaneous of receipts, to record the alien's lawful admission for permanent residence as of the date of the passage of such concurrent resolution. If, within fift the above specified time, the Congress does not pass such a concurrent resolution, or, if either the Senate or the House of Representatives qu passes a resolution stating in substance that it does not approve the of granting of the status of an alien lawfully admitted for permanent sat residence, the Attorney General shall thereupon deport such alien in to the manner provided by law: Provided, That the provisions of this section shall not be applicable to any aliens admitted into the United States under the provisions of Public Law 584, Seventy-ninth Con- CO. an SOI mi to bei sec 4 ant arr me ORGANIZATION AND SPECIAL RESPONSIBILITIES 3239 gress, second session (60 Stat. 754), Public Law 402, Eightieth Con- gress, second session (62 Stat. 6): Provided further, That the number of aliens who shall be granted the status of aliens lawfully admitted for permanent residence pursuant to this section shall not exceed five thousand. ASSURANCES . 5 e e at d Y ES er it Sec. 7. (a) Except as otherwise herein provided, no visa shall be issued to any alien under this Act unless an assurance, in accordance with regulations promulgated pursuant to this Act, shall first have been given by a citizen or citizens of the United States that such 2 alien, if admitted into the United States, will be suitably employed without displacing some other person from employment and that such alien and the members of such alien's family who shall accom- pany such alien and who propose to live with such alien will not become public charges and will have housing without displacing some other person from such housing. The spouse and unmarried depend- ent sons and daughters under twenty-one years of age, including step- 2 sons and stepdaughters and sons or daughters adopted prior to July 1, 1 1953, of such alien, shall not be required to have such assurances made in their behalf. The assurances shall be submitted to the Ad- ministrator and it shall be the duty of the Administrator to verify the authenticity and bona fides of such assurances and such assurances shall be subject to final acceptance and approval by consular and immigration officers. Blanket assurances, or assurances not sub- mitted by a responsible individual citizen or citizens, shall not be considered as satisfying the requirements of this section. The assur- ances for employment and housing shall be indexed and filed in such manner so as to show the specific address or addresses in the United d States in which both the employment and housing are available, the type of employment and housing which are available, and the condi- 11 tions and terms of the employment. Each assurance shall be a per- sonal obligation of the individual citizen or citizens giving or sub- mitting such assurance. This subsection shall have no applicability to the alien eligible under paragraph (6), (8), or (10) of section 4 (a) it of this Act, if such alien provides satisfactory evidence that he will not become a public charge. No visa shall be issued under the allot d of forty-five thousand visas heretofore made by paragraph (5) of d subsection 4 (a) of this Act to refugees in Italy, or under the allotment of fifteen thousand visas heretofore made by paragraph (7) of sub- section 4 (a) of this Act to refugees in Greece, or under the allotment of fifteen thousand visas heretofore made by paragraph (9) of subsection 4 (a) of this Act to refugees in the Netherlands, to an alien who qualifies under the preferences specified in paragraph (2), (3), or (4) of section 203 (a) of the Immigration and Nationality Act, untiſ at satisfactory evidence is presented to the responsible consular officer to establish that the alien in question will have suitable employment and housing, without displacing any other person therefrom, after ed arrival in the United States. Verification of such available employ- ment and housing shall be made in accordance with such regulations IS JS le le Dr IS do 3.5th 3.9.33 De 3240 1950–1955 AMERICAN FOREIGN POLICY, th of Ac ra ра of SE as the Administrator may, in his discretion, prescribe for the adminis- tration of the Act, including job order clearances by the United States Employment Service and its affiliated State employment services, and a certification by local housing authorities wherever they exist and are authorized and prepared to make such certifications. (b) Any alien admitted under this Act and subsequently deter- mined to have been inadmissible under the provisions of this Act at the time of entry shall, irrespective of the date of his entry, be taken into custody and deported in the manner provided by sections 242 and 243 of the Immigration and Nationality Act (66 Stat. 208–214). (c) Assistance rendered an alien in connection with his transporta- tion to and resettlement in the United States shall not be regarded as a cause for excludability as an alien likely to become a public charge. No alien with respect to whom assurances have been furnished as provided in this section shall be deemed to be a pauper under para- graph (8) of section 212 (a) of the Immigration and Nationality Act (66 Stat. 182). (d) No alien shall be issued a visa under this Act or be admitted into the United States unless he shall present to the consular officer at the time of making application for a visa or to the immigration officer at the time of application for admission (1) a valid unexpired passport or other suitable travel document, or document of identity or nationality, or other documentary evidence that he will be assured of readmission to the country of his nationality, foreign residence or in which he obtains a visa under this Act and (2) a certificate of read- mission guaranteeing his readmission to the country in which he obtains a visa under this Act if it is subsequently found that he obtained a visa under this Act by fraud or by misrepresenting & material fact. ad the in Sto ch bil COI ag Sta kn or of Sta off INTERGOVERNMENTAL ARRANGEMENTS are by AT un SOI ext 1 int SEC. 8. The Secretary of State may, for the purposes of this Act, make such arrangements with foreign governments and with the Intergovernmental Committee for European Migration as are neces- sary and appropriate for the purpose of financing the overseas trans- portation of persons who may be issued visas under this Act, such arrangements to be mutually beneficial to the economies of the United States and the countries concerned, as well as to such persons. Such arrangements, where appropriate, may seek to enable immigrants under this Act to transfer into dollar currency personal assets neces- sary for defraying the cost of transportation and for use in the United States. Arrangements between the United States and the other gov- ernments concerned and the Intergovernmental Committee for Euro- pean Migration should also provide for such cooperation and assist- ance as may be required in the administration of the program author- ized under this Act in the territory of the intending immigrant's residence. All transportation by ships or airplanes of aliens under this Act to the United States, the cost of which is defrayed in whole or in part by the Government of the United States, shall be by ships or airplanes registered under the United States flag, if available. reg yei Th Sei thi an thi rel ad be (a) ORGANIZATION AND SPECIAL RESPONSIBILITIES 3241 SEC. 9. Within the categories established in section 4 of this Act the determination of the eligibility of persons to receive visas and of the admissibility of such persons into the United States under this Act shall be made without discrimination in favor of or against a race, religion, or the national origin of such persons. EXEMPTIONS FROM VISA FEES Sec. 10. Persons receiving visas under this Act shall be exempt from paying the fees prescribed in paragraphs (1) and (2) of section 281 of the Immigration and Nationality Act (66 Stat. 230-231). 1 5 1 r e 2 SECURITY AND OTHER INVESTIGATION; EFFECT OF MISREPRESENTATION SEC. 11. (a) No alien shall be issued a visa under this Act or be admitted into the United States unless there shall have first been a thorough investigation and written report made and prepared by such investigative agency or agencies of the Government of the United States as the President shall designate, regarding such person's character, reputation, mental and physical health, history and eligi- bility under this Act, and such investigations in each case shall be conducted in a manner and in such time as the investigative agency or agencies shall determine to be necessary. (b) No person shall be issued a visa or be admitted into the United States under this Act if the consular officer or the immigration officer knows or has reason to believe that such person is ineligible for a visa or is subject to exclusion from the United States under any provision of the immigration laws or is not eligible under the terms of this Act. (C) No person shall be issued a visa or be admitted into the United States under this Act unless the consular officer and the immigration officer, after an inspection and examination of such person abroad, are entirely satisfied upon the basis of affirmative evidence adduced by the applicant that the applicant has established his eligibility for à visa and his admissibility into the United States under this Act and under the immigration laws and regulations: Provided, That no per- son to whom a visa shall be issued shall be exempt from inspection and examination at a port of entry. (d) No person shall be issued a visa under this Act or be admitted into the United States unless complete information shall be available regarding the history of such person covering a period of at least two years immediately preceding his application for a visa: Provided, That this provision may be waived on the recommendation of the Secretaries of State and Defense when determined by them to be in the national interest. (e) Any person who shall make a material misrepresentation to any agency of the Government entrusted directly or indirectly with the administration, investigation, enforcement, or any other function relating to the implementation of this Act, for the purpose of gaining admission into the United States as an alien eligible hereunder, shall be excluded from admission into the United States under section 212 (a) (19) of the Immigration and Nationality Act (66 Stat. 183). 3 1 1 1 3 1 S r e S 3242 AMERICAN FOREIGN POLICY, 1950-1955 PRIORITIES SEC. 12. Priorities in the consideration of visa applications under this Act, except in the case of applications filed under paragraph (6), the (8) or (10) of section 4 (a), without priority in time of issuance of sha visas as between such priorities or as between priority and non- priority cases under this Act shall be given to- (1) Persons whose services or skills are needed in the United States, if such need has been certified to the Administrator, at his request , ret by the United States Employment Service and who are to be employed to in a capacity calling for such services or such skills; and the (2) Persons who are (A) the parents of citizens of the United States, fro such citizens being at least twenty-one years of age, or (B) spouses or unmarried sons or daughters under twenty-one years of age, in- cluding stepsons or stepdaughters and sons or daughters adopted wh prior to July 1, 1953, of aliens lawfully admitted for permanent rul residence, or (C) brothers, sisters, sons or daughters of citizens of Th the United States. SEC. 13. No priority in the consideration of visa applications under No this Act shall be given to persons who were determined to be eligible or preliminarily eligible under the provisions of section (2) (c) of Public Law 774, Eightieth Congress, as amended,' solely because such Per persons were determined to be so eligible or preliminarily eligible. res and on the me @ a I Na as 1 PERSONS INELIGIBLE; OATH ON ADMISSION; PENALTIES SEC. 14. (a) No visa shall be issued under this Act to any person who personally advocated or assisted in the persecution of any person or group of persons because of race, religion, or national origin. (b) Before being issued a visa every alien eighteen years of age or older, authorized to be admitted under this Act, shall take and sub- scribe an oath or affirmation that he is not and never has been a person specified in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of section 212 (a) (28) of the Immigration and Nationality Act (66 Stat. 184-186), except as provided in subparagraph (I) of such section, and shall be liable to prosecution for perjury if such oath or affirmation is willfully false. If any alien not entitled to be issued a visa under this Act and not entitled to be admitted into the United States shall nevertheless gain admission, such alien shall, regardless of the date of his entry, be taken into custody and deported in the manner pro- vided in sections 242 and 243 of the Immigration and Nationality Act (66 Stat. 208–214). (c) Any person or persons who shall knowingly violate, conspire to violate, induce or attempt to induce any person to violate any pro- vision of this Act shall be guilty of a felony, and upon conviction thereof shall be fined not more than $10,000 or shall be imprisoned not more than ten years, or both. S Coz on a fi full the S De 1 1 PL 774, 80th Cong., 2d sess., June 25, 1948; 62 Stat. 1009. ORGANIZATION AND SPECIAL RESPONSIBILITIES 3243 APPLICABILITY OF IMMIGRATION AND NATIONALITY ACT SEC. 15. Except as otherwise expressly provided by this Act all of the provisions of the Immigration and Nationality Act (66 Stat. 163) shall be applicable under this Act. LOANS 5 SEC. 16. Notwithstanding the provisions of any other law, the Sec- retary of the Treasury is authorized and directed to make loans not to exceed $5,000,000 in the aggregate, to public or private agencies of the United States for the purpose of financing the transportation from ports of entry within the United States to the places of their resettlement, of persons receiving immigrant visas under this Act, and who lack resources to finance the expenses involved. Such loans, which shall mature not later than June 30, 1963, shall be made under rules and regulations promulgated pursuant to this Act: Provided, That such loans shall bear interest at a rate of 3 per centum per annum on the unpaid balance from their maturity date until final payment. No public or private agency shall be eligible to receive a loan under the provisions of this Act while such agency is in default in the pay- ment of any loan made to it pursuant to the provisions of the Displaced Persons Act of 1948, as amended. ELIGIBLE ALIENS TO BE NONQUOTA IMMIGRANTS Sec. 17. Any alien granted a visa under this Act shall be deemed a nonquota immigrant for the purposes of the Immigration and Nationality Act (66 Stat. 163). r 1 1 r AUTHORIZATION OF APPROPRIATIONS SEC. 18. There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act. REPORTS 1 C 1 SEC. 19. The Administrator shall report to the President and the Congress on the operation of the program established under this Act on or about January 15 and June 15 of each year and shall submit a final report not later than June 15, 1957. Such reports shall include full and complete details regarding the administration of the Act and the administration of the funds provided for in section 16 of this Act. t TERMINATION Sec. 20. No immigrant visa shall be issued under this Act after December 31, 1956. 1 1 Ibid. 3244 AMERICAN FOREIGN POLICY, 1950–1955 11. REPORT ON THE STATUS OF THE REFUGEE RELIEF PROGRAM, DECEMBER 31, 1955 (Excerpt), With Chart 1 PART I-PROGRESS REPORT GENERAL STATEMENT 1955 1 More than two-thirds of the life of the Refugee Relief Act of 1953, as amended, has run its course. The original legislation was enacted by the Congress on August 7, 1953, with a specified termination date of December 31, 1956. Of the 209,000 nonquota immigrant visas allocated by the Congress for issuance under the Refugee Relief Act of 1953, as amended, 73,331 visas have been issued worldwide as of December 31, 1955. Of this total, 77 percent were issued during 1955 and 49 percent from July 1, 1955, to January 1, 1956. Visas were refused or canceled on an additional 21,997 applicants. More than 107,000 applications are currently under active consideration. These pending applications probably will yield some 77,000 visas if the present rejection and cancellation rates continue. Procedures have been streamlined and paperwork cut considerably. There has been a substantial reduction in the period between the time an assurance is received by the Office of the Administrator in Washington and the time a final visa deter- mination is made by the appropriate American consular authority abroad. Security requirements have been held at the level deemed necessary by the proper authorities to protect the best interests of the United States. Însofar as the factors are under the control of the Government, the program is prepared to issue as many visas as possible in each of the categories and in the areas authorized. The refugee relief program is not a single program but a composite of different programs for diverse beneficiaries in various areas. Pro- gram prospects and status, therefore, are better viewed in the light of the various categories of beneficiaries in each area. Certain indi- vidual visa allocations will be, or have already been, reached. On the other hand, it is doubtful if allotments in other categories will be met. It is evident that, under existing circumstances, and barring unfore- seen changes, considerably less than the authorized 209,000 nonquote immigrant visas will be issued by the termination of the refugee relief program on December 31, 1956." The graphic presentation given here (fig. 1) illustrates this fact. Figure I shows the current status of the program by section of the act in terms of visas already issued plus the potential yield from pending applications and shows quite vividly the extent to which additional assurances would be required for the issuance of the full allotment of visas. HUDIA STATUS OF PROGRAM - IEC. 31, 1 Fifth Semiannual Report of the Administrator of the Refugee Relief Act of 1968, As Amended (House Judiciary Committee print), Mar. 6, 1956. 2 Supra. 1.8.51 53, je he ᎾᏓ li- of Du te En saan B 1, w ie FIGURE 1 STATUS OF PROGRAM - DEC. 1955 Numerical Authorization as follows: 90,000 10,000 2,000 209,000 60.000 17,000 17.000 2,000 5,000 2,000 4,000 Section: 4(a) 4(a) 4(a) 4(a) 4(a) 4(a) 4(a) · 4(a) 4(a) 1&2 3 5&6 7&8 9&10 11 12013 4(c) 4(c) 4(c) 100- 95 90 1 85 36 80 40 Potential Yield. From Assurances on Hand, 75 71 70 65 70 60 57 55 55 53 50 45 40 23 37 35 45 64 60 Visas Already Issued 30 1 25 47 20 17 14 30 30 15 26 12 10 18.5 12 5 Expeilee & Escapee Germany & Austria Escapee NATO & Turkey, Sweden, Iran, Trieste Polish Veteran Great Britain 20 5 0 Asian & Chinese Nationalist Refugec Far East & World Wide Refugee & Relative Refugee & Relative Greece Refugee & Relalive Netherlands Non-Asian Refugee Far East Palestinian Refugce Near East Orphan World Wide Italy SUMMARY INDEX (Names of persons, except those of the two Presidents and two Secretaries of State whose terms of office are covered by this compilation, have been omitted.) Acheson, Dean (addresses, statements, ments concerning, 376-377, 381, 2496, correspondence, etc.): Asia, U.S. posi- 2497, 2500, 2504. tion in, 1436–1437, 2310–2322; Aus- Aggression, problem of defining in U.N., trian State Treaty, 38, 1823-1824; 200–204. Bonn agreements, 1727-1728; China, Agricultural Trade Development and "People's Republic of, U.S.S.R. rela- Assistance Act of 1954 (as amended), tions with, 2.65-2468, U.N. represen- 2941-2947. tation of, 340–341; China, Republic of, Agricultural workers, U. S.-Mexican U.S. policy respecting, 2449-2452; agreement on, 1376-1403. collective security, 169-179, 2616– Albania (see also Europe, Eastern): 2617; Czechoslovakia, Slansky trial in, Eastern European Mutual Assistance 2111-2112; Europe, Eastern, U.S. pol- Treaty (Warsaw Pact) ratified by, icy in, 2067–2068; Europe, Western, 1239n; Prague Conference of 1950 U.S. policy in, 1432-1441; Foreign attended by, 1782n; U.N. membership Ministers' consultations (1950), 1432– of, 136n, 335n, 337; U.S. policy 1441; Foreign Ministers' deputies respecting, 2085-2086. meeting (1951), 1789–1793; German Algeria, U.N. debate on, 2301-2302. remilitarization, reunification, etc., American Republics (see also American, 1782–1784; Hungary, release of U.S. Inter-American, and individual coun- fliers, 2123; Indochina, U.S. economic try headings): "atoms for peace" and military aid to, 2365-2366; Italy, program, participation in, 1340n; release of from peace treaty obliga- communism (international), measures tions, 1683, U.S. economic aid to, against adopted by, 1292–1302; cul- 1681–1683; Japanese-U.S. security tural exchange program (U.S.) with, treaty, 886-888; Korea, U. S. policy 1327–1330; economic and technical respecting, 171, 174, 176-178, 1948– programs in, 1316–1325, 1333–1336, 1952, 2527-2528, 2533-2536, 2551, 1338-1340; Finance and Economy, 2615–2622, 2649–2650, 2666-2667, meeting of Ministers of, 1337-1340; 2668; Libya, independence of, 2303; fisheries problems in, 1343–1346, Middle East Command, 2182-2183; 1356–1364; Foreign Affairs, Fourth national defense, 13-16, 17, 18; North Meeting of Consultation of Ministers Atlantic Council activities, 1624–1629; of, Final Act of, 1292–1299; military North Atlantic Treaty, 815-825, 854- assistance agreements (U.S.) with, 864, 1505–1519; Rumania, travel re- 1303; nonintervention principle in, strictions in, 2151-2152; Spain, U.S. 1271-1274; technical cooperation pro- relations with, 1690–1696; U.S.S.R., gram in, chart of, 1326. relations with, 6-10, 170–171, 1928- American States, Organization of 1936, 1944-1952; U.S. foreign policy, (OAS): charter establishing, ratifica- 5–18, 25, 32–39. tions of, 1278n; Council of, decisions Afghanistan: Afro-Asian (Bandung) and resolutions by, 1260-1292, 1311; Conference attended by, 2344; U.N., technical cooperation program of, admitted to, 136n; U.S. emergency chart of, 1326. food aid program for, 2229-2230. American Treaty on Pacific Settlement Africa (see also individual country Antarctic region, claims in, 1430–1431. (Bogotá Pact), ratifications of, 1278n. headings), 2296-2309. ANZUS Council, communiqués on meet- Afro-Asian (Bandung) Conference: com- ings of, 2328–2333. muniqué of, 2344-2352; preliminaries ANZUS Treaty: text, 878–880; U.S. for, 2344n; U.S. addresses and state- ratification action on, 463, 880–885. I II SUMMARY INDEX Arab League. (See Arab States, League national technical conference on, of.) 2823–2832, 2836, 2837; U.N. General Arab refugees. (See Palestine refugees.) Assembly resolutions on, 2823–2824, Arab States (see also Arab-Israeli 2837–2841; U.S. addresses and state- relations and regional and individual ments on and proposals for, 96-98, country headings); defense and eco- 377-378, 385–386, 1705, 1706, 2011, nomic cooperation, treaty for, text 2798-2805. and ratifications, 1249-1253, 1249n; Atomic Energy Act of 1954, 2853–2877. . League of, pact establishing, text and Atomic Energy Agency, International, ratifications, 1243–1249, 1243n. 2802–2804, 2805–2808, 2809-2810, Arab-Israeli relations (see also Arab 2823, 2824, 2832–2835. States and regional and individual Atomic Energy Commission, United country headings): armistice agree- Nations, 348n, 348–349, 2745–2747, ments governing, texts of, 698-724; 2837, 2839–2840. armistice borders, tripartite declara- Atomic Energy Commission, United tion on, 2237-2238; U.N. Conciliation States (see also Atomic Energy Act of Commission for Palestine, role in, 1954), 2825–2826, 2860-2861. 2244-2245; U.N. Truce Supervision Australia (see also ANZUS and SEATO Organization, role in, 2241–2244, headings, and Southeast Asia): Col- 2248–2250; U.S. addresses and state- ombo Plan, member of, 2339; Japa- ments on, 374-375, 2170–2171, 2174 nese peace treaty ratified by, 437n; 2175, 2177-2180. Southeast Asia Collective Defense Argentina: atomic energy, civil uses of, Treaty ratified by, 915n; trust ter- U.S. agreement with, 2883n; Japanese ritories administered by, 153n; U.N. peace treaty ratified by, 437n; Rio ECOSOC, member of, 149n; U.N. Treaty, ratified by, 811n, reservations Security Council, nonpermanent at signing, 795; U.N. ECOSOC, member of, 141n. member of, 149n; U.N. Security Austria (see also Austrian State Treaty Council, nonpermanent member of, headings) : Austrian State Treaty 141n; U.N. Trusteeship Council, ratified by, 683n; EPU membership member of, 155n. of, 1012; neutrality of, 687-688, Armaments, conventional, limitation 1777-1778, 1859-1860, 1866; Occu- and control of (see also Disarmament), pation regime in, easing of, 1822- work of U.N. respecting, 2739–2745. 1823; OEEC convention ratified by, Armaments, regulation and limitation 998n; Soviet interference in, 1766- of. (See Atomic energy and Dis- 1769, 1769–1776; travel requirements armament.) in, 1769; U.N. membership of, 136n, Armed Forces (U.S.) abroad, criminal 335n, 337, 688–689; U.S. relations jurisdiction over, 1532-1534, 1565– with, communiqué on, 1776–1777. 1566, 1572–1575, 1577, 1579–1580, Austrian State Treaty: 1581-1593, 2215-2217. draft texts: abbreviated ("short Arrest of Sea-Going Ships, International draft”), 1829–1832; "long draft”, Convention for the Unification of 1833n; Certain Rules Relating to, ratification text (final), 643–675, accessions to, action on, 319n. 672n, ratifications of, 683n, U.S. Asia. (See Far East, Southeast Asia, ratification action on, 676-697. and individual country headings.) Austrian State Treaty negotiations: Atomic energy (see also other Atomic conference on (Berlin Foreign Min- energy headings): information on, isters Meeting), 1840-1841, 1842 sharing of, 1635n, 2853-2860, 2861- 1844-1845, 1847-1849, 1858–1861, 2883; radiation effects of, U.N. 1864-1867, (quadripartite commun. resolution on, 2840-2841. iqué) 1870, (tripartite communiqué) Atomic energy, international control of 1870-1871, 1874, 1876; (see also other Atomic energy headings deputies (Foreign Ministers) for, and Disarmament): U.S. addresses work of, 1826, 1837, 1877-1881; and statements concerning, 52–54, U.N.' General Assembly resolu- 163–164, 175, 348-350, 1933, 2798- tions concerning, 678, 1834-1835; 2805; U.S. proposals for, 2757-2759, U.S. addresses and statements on, 2767, 2783–2789. 38, 68, 83, 94, 355, 367, 1824-1826; Atomic energy, peaceful uses of (see Western Powers (France, U.K., also other Atomic energy headings) : U. S.) action on: international agreements for, 2835- declarations and statements, 1458 , 2836, 2837, 2883–2887, 2883n; inter- 1722, 1822, 1827, 1884; notes to 1 ] 1 communiqués , SUMMARY INDEX III 11 d d of 3 e 7. at -Y y l- . U.S.S.R., 1791, 1826, 1828–1829, ments concerning, 1858–1861, 1864- 1832–1833, 1835–1836, 1837–1838, 1867; China, "People's Republic" of, 1840-1841, 1842, 1844-1845, 1846, question of participation in, 1842, 1882-1883, 1885; summary of, 1877- 1843, 1846-1847, 1849; Germany, 1881, U.S. statements concerning, 1850– Azores, U.S. military facilities in, 1855, 1859, 1869–1870; Korea, prob- agreement with Portugal concerning, lem of considered at, 2685; prepara- 1685 1689. tions for, 1839-1850; report on, 85–90; U.S. addresses and statements Bacterial weapons. (See Disarma- at, 1850–1870. ment.) Bermuda Conference of Heads of Gov. Baghdad Pact (Iran, Iraq, Pakistan, ernment, 1953 (France, U.K., and Turkey, and U.K.): text and rati- U.S.): communiqué of, 1468–1470. fications of, 1257–1259, 1257n. Bogotá Pact. (See American Treaty on Balkan Pact (Greece, Turkey, and Pacific Settlement.) Yugoslavia): agreements constitut- Bolivia: Rio Treaty ratified by, 811n. ing and ratifications of, 1235-1239; Bonn Agreements of 1952, as amended 1235n. in 1954, 483–610. Baltic States (see also individual country Borneo (British): Colombo Plan, mem- headings), U.S. policy respecting ber of, 2339. sovereignty of, 2006-2091. Brazil: atomic energy, civil uses of, U.S. Bandung Conference. (See Afro-Asian agreement with, 2883n; Japanese Conference.) peace treaty ratified by, 438n; Rio Battle Act. (See Mutual Defense As- Treaty ratified by, 811n; U.N. sistance Control Act.) ECOSOC, member of, 149n; U.N. Belgium; atomic energy, civil uses of, Security Council, nonpermanent U.S. agreement with concerning, member of, 141n. 2883n; Brussels Treaty ratified by, Brussels Treaty, 1948 (see also Western 971n, Paris protocols to ratified by, European Union): text, 968-971; 975n; Council of Europe, Statute of ratifications of, 971n; amendments of ratified by, 1011n; European Coal by London Conference Final Act, and Steel Community treaty ratified 1476–1479, 1483, by Paris protocols, by, 1077n; EDC treaty, parliament- 972–989; Germany, Federal Republic ary action on by, 1471n; EPU of, accession to, 972-976; Italy, ac- membership of, 1012; Japanese peace cession to, 972-976. treaty ratified by, 438n; North At- Bulgaria: Eastern European Mutual lantic Treaty ratified by, 814n, pro- Assistance Treaty (Warsaw Pact) tocols to accepted by, 854n, 872n; ratified by, 1239n; peace treaty with, OEEC convention ratified by, 998n; violation of human rights provisions trust territories administered by, of by, 2070-2081; Prague Conference 153n; U.N. ECOSOC, member of, of 1950 attended by, 1782n; U.N. 149n; U.N. Security Council, non- membership of, 136n, 335n, 337; U.S. permanent member of, 141n; U.S. relations with, 2091-2095. relations with, communiqué on, 1660- Burma: Afro-Asian Conference attended 1661. by, 2344; Chinese forces in, 2353; Bell Report. (See Mutual Security, Colombo' Conference attended by, Public Advisory Board for, report of, 2344n; Colombo Plan, member of, and Philippines, Republic of: eco- 2339; independence of, 34n, 51n, nomic survey mission to, report of.) 2312n; Japan, peace treaty with, 439n; Berlin: access to (see also Germany, U.N. membership of, 136n; U.N. Soviet Zone of), 1765, 1939; Bonn Trusteeship Council, member of, agreements, provisions of regarding, 155n; U.S. relations with, communi- 486, 488, 490, 533; uprising in qué on, 2354. (1953), 1744-1746; Western Powers' Buy American Act, revision of, 2921, position in, agreements, commun- 2936. iqués, declarations, and reports con- Byelorussian S.S.R.: U.N. ECOSOC, cerning, 612, 617-618, 638, 1198, member of, 149n. 1482–1483, 1737, 1740–1742, 1758. Berlin Foreign Ministers Meeting, 1954 Cambodia (see also Indochina): Afro- (France, U.S.S.R., U.K., and U.S.): Asian Conference attended by, 2344; communiqué (quadripartite) of, 1870, armistice agreement in, 767-775; 2372–2373; communiqué (tripartite) Colombo Plan, member of, 2339; of, 1870-1871; Austria, U.S. state- independence of in French Union, 41690057_vol. 2 101 s n, 7. rt - 0, S. n. 2, -1, D- é) or, U- on 26; I, és, 58. to IV SUMMARY INDEX 51n, 74; Japanese peace treaty rati- tions concerning, 2496–2510, U.S. fied by, 438n; U.N. membership of, aggression in charged by, 174–175, 136n, 335n, 337; U.S. aid program for, 2469-2470, 2476-2481, 2476-2481, 2487-2490; 2401. Geneva Conference on Korea and Canada (see also NATO headings and Indochina, position of at, 2382–2390, St. Lawrence Seaway): atomic energy, 2695-2701; Indochina, intervention civil uses of, U.S. agreement with, in by, 2370–2371, 2373–2381, 2393– 2883n; Colombo Plan, member of, 2395; Korea, aggression in by, 2581- 2339; Defense, Permanent Joint 2585, 2593-2594, 2602–2609; recog- (Canadian-U.S.) Board on, 1405; nition of by U.S., question of, 87–88, defense relations with U.S., 1405– 2376–2377, 2462, 2497-2498; students 1406, 1427-1430, 1451; Distant Early of in U.S., question of return of, 2492, Warning (DEW) Line in, establish- 2505, 2506–2507, 2514, 2515, 2516- ment of, 1429; economic relations with 2517, 2518; travel restrictions in, U.S., 1403-1405; Europe, military 2084-2085; U.S.S.R., treaty of alli- commitments of in, 1480, 1489–1490; ance with, text and interpretation of, Industrial Mobilization Planning 2463–2468; U.N. representation of, Committee, Joint Canadian-U.S., question of, 338–342, 2377–2378, 1403; International (Canadian-U.S.) 2462; U.S. consular posts and per- Joint Commission, 1407; Japanese sonnel in, closing and withdrawal of, peace treaty ratified by, 437n; Mid- 2453–2456; U.S. nationals imprisoned Canada Defense Line in, establish- by, efforts for release of, 2511-2514, ment of, 1429-1430; North Atlantic 2515-2519. Treaty ratified by, 814n, protocols to China, Republic of (see also Far East accepted by, 854n, 872n; "Pine Tree" and Formosa): atomic energy, civil Line in, establishment of, 1427-1428; uses of, U.S. agreement with, 2883n; Trade and Economic Affairs, Joint Burma, forces of in, 2353; economic Canadian-U.S. Committee on, 1404; aid (U.S.) to, 2449, 2452, 2459-2462; U.N. ECOSOC, member of, 149n; Formosa, withdrawal to, 2313–2314; U.N. Security Council, nonpermanent Japan, separate peace treaty with, member of, 141n. 439n, 460n; Japanese peace treaty, Captive peoples, draft House resolution position of respecting, 460-461; Korea, on, 1957–1961. offer of troops for service in by, 2541- Caracas Conference. (See Inter-Amer- 2542; mutual defense assistance agree- ican Conference, Tenth.) ment with U.S., 2470-2471; mutual Caracas Declaration, 1299-1300. defense treaty with U.S., 945–947, Ceylon: Afro-Asian Conference attended supplementary notes and statement by, 2344; Colombo Conference at- concerning, 947–949, U.S. ratification tended by, 2344n; Colombo Plan, action on, 950-965, U.S. statement on, member of, 2339; dominion status of, 2323–2326; people of, U.S. friendship 34n, 51n, 464n, 2312n; Japanese peace for, address concerning, 2472-2475; treaty ratified by, 438n; U.N. mem- U.N. ECOSOC, member of, 149n; bership of, 136n, 335n, 337. U.N. representation of, 338–342, Chile: atomic energy, civil uses of, 2377–2378, 2462. U.S. agreement with, 2883n; fisheries Collision (at sea), International Con- problem concerning, 1356–1364; vention on Certain Rules Concerning Japanese peace treaty ratified by, 438n; Civil Jurisdiction in Matters of, Rio Treaty, declaration of concerning, 796, ratified by, 811n; U.N. ECOSOC, Collisions or Other Incidents of Naviga- ratification action on, 319n. member of, 149n;' U.N. Security tion, International Convention for Council, nonpermanent member of, the Unification of Certain Rules Re- 141n. lating to Penal Jurisdiction in Matters China, "People's Republic" of (Com- munist China) (see also Far East, of, ratification action on, 318n. Formosa, and Korea headings): Afro- Colombia: atomic energy, civil uses of, Asian Conference attended by, 2344; U.S. agreement with, 2883n; Peru, aircraft and ships in the China area, dispute with, 1290; Rio Treaty attacks on by, 2519–2523; Berlin ratified by, 811n; U.N. ECOSOC, Foreign Ministers Meeting, question member of, 149n; U.N. Security of attendance at, 1842, 1843, 1846– Council, nonpermanent member of, 1847, 1849; embargo (U.N: and U.S.) 141n. on, 2595, 2614–2615, 2622–2626; Colombo Conference: Afro-Asian (Ban- Formosa area, cease-fire in, negotia- dung) Conference, plans of for, 23449. SUMMARY INDEX V 1 1 ) Colombo Plan; members of, 2339; U.S. Greenland, defense of, U.S. agree- role in, 2338–2344. ment with concerning, 1661-1667; Colonialism, U.S. attitude respecting, North Atlantic Treaty ratified by, 847, 2173-2174. 814n, protocols to accepted by, 854n, Cominform, establishment of, 33n. 872n; OEEC convention ratified by, Continental shelf, doctrine of, 1352- 998n; U.N. ECOSOC, member of, 1356. 149n; U.N. Security Council, non- Costa Rica: Japanese peace treaty permanent member of, 141n. ratified by, 438n; Nicaragua, disputes Dhahran Airfield, facilities of, U.S.- with, 1260-1267, 1279-1285; Rio Saudi Arabian agreement on use of, Treaty ratified by, 811n; U.N. Trus- 2199-2206. teeship Council, member of, 155n. Dien Bien Phu, siege and capitulation Criminal jurisdiction. (See Armed of, 2380, 2383, 2387. Forces (U.S.) abroad, criminal juris- Disarmament (see also Armaments and diction over.) Atomic energy headings) : armed Crusade for Freedom, 2069, 2113, 2128. forces, numerical limitation of, pro- Cuba: Dominican Republic, disputes posals concerning, 2760-2767, 2779– with, 1286–1287, 1289–1290; Japa- 2782; atomic weapons, control of (see nese peace treaty ratified by, 438n; Atomic energy, international control Peru, dispute with, 1288; Rio Treaty of); bacterial weapons, elimination of, ratified by, 811n; subversive elements proposals concerning, 2767–2768, in, OAS decisions concerning, 1271- 2784-2789; conventional weapons (see 1273, 1277; U.N. ECOSOC, member Armaments, conventional); Geneva of, 149n; U.N. Security Council, non- Conference of Heads of Government permanent member of, 141n. discussion of, 113, 2011, 2015-2016, Cultural relations and exchange programs. 2841-2843; Geneva Foreign Ministers (See International Information and Meeting discussion of, 118, 2035-2037, Educational Exchange Programs and 2844-2846; inspection methods, pro- individual area and country headings.) posals concerning, 378-379, 386–387, Currency convertibility, U.S. policy re- 2016-2017, 2750-2759, 2777-2779, specting, 2927-2929, 2939-2940 2841-2844, 2846–2850; U.S.S.R. po- Customs Simplification Act of 1953, re- sition regarding, 1970–1971, 2773, vision of, 2898, 2920, 2922, 2934. 2778, 2783–2786, 2788–2793, 2846– Cyprus: Greek-Turkish dispute con- 2850; U.N. General Assembly action cerning, 2277. regarding, 2748–2750, 2708–2769, Czechoslovakia: aircraft incidents with, 2796–2798, 2851–2853; U.S. addresses 2103–2104, 2112-2113, 2115-2117; on, 28-29, 69–71, 98-99, 130-131, 175, Austrian State Treaty acceded to by, 348–350, 357, 369, 378-379, 386–387, 672n; border violations (U.S.) alleged 2011, 2794, 2841-2844; U.S. efforts to by, 2099–2102; commercial relations promote, 1872, 1876, 2759-2760, with, suspension of, 2106; consular 2809–2821. establishment, reciprocal (U.S.-Czech) Dominican Republic: Cuba, disputes curtailment of, 2095–2098; Eastern with, 1286-1287, 1289–1290; Haiti, European Mutual Assistance Treaty disputes with, 1268–1273, 1277-1279, (Warsaw Pact) ratified by, 1239n; 1287; Japanese peace treaty ratified Germany, U.S. policy in, charges of by, 438n; Rio Treaty ratified by, concerning, 2106-2108; Oatis, William siín; U.N. ECOSOC, member of, N., imprisonment of by, 2104,2106; 149n; U.N. Trusteeship Council, Prague Conference of 1950 attended member of, 155n. by, 1782n; Radio Free Europe and Dulles, John Foster (addresses, state- VOA, activities of protested by, 2099, ments, correspondence, etc.): Albania, 2101-2102; Slansky trial in, 2111- 2085–2086; American Republics, U.S. 2112; travel restrictions in, 2084- relations with, 1333–1336; ANZUS 2085; U.N. ECOSOC, member of, Treaty, 880–882; Arab States, U.S. relations with (see Middle East subheading, infra); Asia, U.S. position Danube River, navigation of, treaty in, 2322–2328; Atomic Energy Agency provisions regarding, 394, 402-403, (International), proposals for, 2805- 2808, 2809–2810; Austria, neutrality of, Denmark: atomic energy, civil uses of, 1777–1778, 1859-1860, 1866; Austrian U.S. agreement with, 2883n; Council State Treaty, 94, 355, 367, 676-682; of Europe, Statute of ratified by, Baltic States, 2087--2091; Belgium, 1011n; ÊPU membership of, 1012; 1660–1661; Berlin, status of, 1758, by n 2, 1- Or TS 149n. of, 11, 671. Y of , 2 1. VI SUMMARY INDEX Ei 1765, uprising in, 1745–1746; Berlin war problem in, 2703–2704, reunifica- Foreign Ministers Meeting, 85–90, tion of, 87-88, 95, 353-354, 2383- 1850-1870; Bulgaria, 2095; captive 2385, 2679, 2685–2692; Laos, U.S. peoples resolution, 1959–1961; China, policy in, 2369–2370; London (Nine- People's Republic" of, Formosa Power) Conference, 1484–1487, 1492; area cease-fire agreement with, 2496– Middle East policy, 2168-2175, 2176- 2510, Indochina, intervention in 2180, 2239, 2240–2241; NATO, U.S. by, 2370–2371, 2373–2381, 2393– policy respecting, 1445-1449, 1655– 2395, recognition of, 2376-2377, 2497– 1657; Philippines, U.S. relations with, 2498, U.N. representation of, 341-342, 2360; Poland, U.S. policy respecting, 2377-2378; China, Republic of, mu- 2144, 2145; Rumania, U.S. relations tual defense treaty with, 947-948, with, 2156, 2157-2159; Ryukyu Is- 950–957, 2323–2326; Cyprus dispute, lands, restoration of Japanese sov- 2276; disarmament, 98-99, 118, 357, ereignty in, 2430, retention of U.S. 369, 378-379, 2016-2017, 2035-2037, rights in, 2427-2428; SEATO, U.S. 2809-2810, 2846–2850;' East-West policy respecting, 919–928, 2326– contacts, 2021-2032, 2037–2038; 2328; Sudan, Anglo-Egyptian agree- Egypt, 2226, 2240-2241, 2304; ment on, 2304; Suez Base agreement Europe, U.S. armed forces in, 1479, (U.K.-Egyptian), 2226; Thailand, U.S 1484–1487; Europe, Eastern, 355-356, policy respecting, 2369–2370; tri- 368, 2017; Europe, Western, security partite consultations (with France of, 1441-1445, 1449-1457, 1497-1504, and U.K.), 1463–1468, 1758, 1761- and problem of German reunification, 1762, 1884, 1926–1927, 2396-2397; 1890–1891, 1895-1896, 1903-1921, Tunisia, autonomy for, 2300; 1922–1926, 2035–2036; European De- U.S.S.R., U.S. relations with, 122, fense Community, 95, 614, 1442, 1962-1963, 1969–1971, 2016-2018, 1443, 1446–1447, 1453–1456, 1470- 2240–2241, 2688–2689; United King- 1473, 1498; Far East, U.S. position dom, consultations with, 1704-1705, in, 2322–2328; Formosa, U.S. policy 2239; United Nations, U.S. policy re- respecting, 376, 954, 955–956, 2323– specting, 92-100, 323-330, 350-359, 2326, 2498–2510; France, consulta- 364-380; U.S. foreign policy, outlines tions with, 1672–1675, 2381, 2400- of, 71-77, 80–85, 92-100, 104-111, 2401; Geneva Conference of Heads of 122–129; Viet-Nam, tinification of, Government, 1887–1888, 1890–1891, 2404; Wriston Committee proposals, 1895-1896, 2016-2018; Geneva Con- 3211-3214. ference on Indochina and Korea, 2383–2390; Geneva Foreign Ministers East-West contacts: Geneva Confer- Meeting, 115–122, 1903–1921, 1922- ence of Heads of Government, dis- 1926, 2021-2032, 2035–2039, 2846– cussion of at, 114, 2010, 2012-2013, 2850; Germany, neutrality of, 1885- Geneva Foreign Ministers 1886, 1887-1888, reunification of, Meeting, discussion of at, 2018–2035, 1843–1844, 1850-1855, 1859, 1869– 2037-2038. 1870, 1890-1891, 1895–1896, 1903- East-West trade, 36, 1992–1993, 1998. 1921, 1922–1926, 2035–2036; Ger- Economic Cooperation Act of 1948, as many, Federal Republic of, resto- amended, emergency food aid pro- ration of sovereignty to, 613-623, gram to India under, 2227-2229. 1472, 1473-1474, 1492, 1497-1504; Economic Cooperation Administration, Germany, Soviet Zone of, status of, transfer of functions of, 3070, 3087. 1761-1762; Goa controversy, 2294- Economic Report, Joint Congressional 2296; Greece, U.S. relations with, Committee on, 'recommendations of, 2276; Guatemala, Communist inter- 3027-3029. vention in, 1308-1311, 1311–1316; Ecuador: fishery rights of, 1343–1346, Hungary, U.S. relations with, 2124- 1356–1364; Japanese peace treaty 2125, 2134-2135; India, U.S. rela- ratified by, 438n; Rio Treaty ratified tions with, 2294-2296, Indochina, by, 811n; U.N. ECOSOC, member of, U.S. policy respecting, 354, 367, 149n; U.N. Security Council, non- 920, 2370–2371, 2373–2381, 2383- permanent member of, 141n. 2390, 2391-2395, 2404; Israel, U.S. Educational Exchange Program. (See relations with, 2254-2255; Italy, con- International Information and Educa- sultations with, 1683–1685; Japan, tional Exchange Programs.) 448-462, 888-893, 2427–2428, 2430, Egypt (see also Arab-Israeli relations): 2442–2443, 2446–2448; Korea, defense Afro-Asian Conference attended by, of, 898-902, 2674-2676, prisoner of 2344; Arab League pacts ratified by, 1 ) 1 1 1 + 1 SUMMARY INDEX VII 1243n, 1249n; arms shipments to from U.S. aid to, 2192–2194; Pan American Soviet bloc, 2240–2241; Aswan Dam, Highway, 1341-1342; SEATO, forma- financial assistance to for construc- tion of, 2383; state of the Union tion of, 2230; Israel, armistice agree- messages, 61-65, 77–80, 100-104, 129– ment with, 698–707; Japanese peace 133; United Kingdom, U.S. relations treaty ratified by, 438n; Middle East with, 1468-1470, 1705-1707; United Command negotiations with, 2180- Nations, U.S. policy respecting, 360- 2187; Sudan, position of on status of, 364; Western European Union, U.S. 2303–2305; Suez Canal, Israeli ship- policy respecting, 989-990. ping in restricted by, 2251-2254, El Salvador: Japanese peace treaty United Kingdom, agreement with ratified by, 438n; Rio Treaty ratified concerning, 2223-2226; U.N. by, 811n; U.N. Trusteeship Council, ECOSOC, member of, 149n; U.N. member of, 155n. Security Council, nonpermanent Eritrea, federation of with Ethiopia, member of, 141n. 2305-2306. Eisenhower, Dwight D. (addresses, Escapee program. (See Mutual Security statements, correspondence, etc.): Program.) Arab-Israeli armistice borders, tri- Estonia, U.S. respect for sovereignty of, partite declaration on, reaffirmation 2086-2089, 2090-2091. of, 2238; atomic energy, civil uses of, Ethiopia: Afro-Asian_Conference at- 1706, 2011, 2798–2805, 2853–2860; tended by, 2344; Eritrea federated Atomic Energy Act of 1946, revision of, 2853–2860; atoms for peace pro- with, 2305–2306; Japanese peace posal, 2798–2805; Bermuda Confer- treaty ratified by, 438n. ence of Heads of Government, 1468 Europe, Council of: European Coal and 1470; Burma, joint statement with Steel Community, protocol on rela- Prime Minister of, 2354; captive tions with, 1078–1079; European peoples resolution, 1957-1959; dis- Political Community, protocol on armament, 69–71, 130–131, 2011, relations with, 1231-1232; Statute of, 2794, 2798–2805, 2841–2844; East- 1001-1012, ratifications of, 1011n, 1710n. West contacts, 2010, 2012–2013; EDC, U.S. policy respecting, 1198- Europe, Eastern (see also individual 1200; Europe, Eastern, U.S. policy in, country headings): "Molotov Plan" 2069; European security, 1888–1889, for, 33n; Mutual Assistance Treaty 1893–1894, 2009-2010; foreign eco- of (Warsaw Pact), 1239–1242, ratifi- nomic policy, 2930–2940, 2948–2953; cations of, 1239n; Prague Conference Formosa, U.S. policy in, 63-64, 2475, of Foreign Ministers of, declaration 2483–2486; France, U.S. relations with, issued by, 1782-1784; U.S. policy 1468–1470, 1675–1676; Geneva Con- respecting, 355-356, 368, 384, 2010, ference of Heads of Government, 111- 2017, 2067–2068, 2069. 114, 1888–1889, 1893-1894, 2005- | European Coal and Steel Community: 2014, 2841–2844; Geneva Conference treaty establishing, 1039–1078, ratifi- on Indochina, 2382–2383, 2397–2398; cations of, 1077n; Council of Europe, Germany, Federal Republic of, ter- protocol concerning relations with, mination of occupation regime in, 1078–1079; European Political Com- 623–626, U.S. relations with, 1729– munity, integration with, 1214-1217; 1733, 1735–1736; Germany, reunifica- transitional provisions of, convention tion of, 1888–1889, 1893–1894, 2009- on, 1079–1097; U.S. agreement with, 2010; Germany, Soviet Zone of, 1097-1107; U.S. support of, 30, 50, uprising in, 1746–1749; inaugural 1627, 1670. address, 57–61; India, reassurances European Defense Community (EDC): to on U.S. aid to Pakistan, 2192-2194; European Political Community, pro- Indochina, U.S. policy in, 2382, 2397- posed integration with, 1214-1217; 2398, 2401–2402; Information Pro- Germany, Federal Republic of, par- gram, administration of, 3186–3187; ticipation of in, 1197-1198, 1720- Iranian oil controversy, 2271-2272, 1722, 1725-1727, 1748; NATO com- 2275; Japan, U.S. relations with, mitments to, 1171, 1173-1174; Three- 2443–2441; Korea, U.S. policy in, Power (France, U.K., U.S.) support 63-64, 2382, 2729–2731, 2733–2734; of, 1197-1198, 1463, 1465, 1469; Middle East, U.S. arms supply United Kingdom commitments to, policy in, 2239; Mutual Security 1172–1173; U.S. commitments to, Program, administration of, 3093– 1198-1200, Western European Union, 3101, 3145–3155; Pakistan, purpose of comparison of with, 633–634. VII SUMMARY INDEX : European Defense Community, treaty 1955), table of, 2236; credits under establishing: text, 1107–1150; pro- lend-lease, charts of 3031-3037; tocols, declarations, and treaties sup- grants and credits (1945-1956), charts plementary to, 1151-1198; Brussels of, 3158-3160. Conference on, communiqué of, 1200- Foreign Economic Policies, Special 1201; ratification of, attempts at, Assistant to the President on, report 95, 614, 628, 1442, 1443, 1453-1456, of (Gray Report), 2888. 1470–1473, 1498, 1503n, 1627–1628, Foreign Economic Policy, (Randall) 1673-1674, 1705-1706. Commission on: establishment of, European Economic Cooperation, Or- 2895–2898; report of, 2898–2930. ganization for (OEEC): convention Foreign economic policy (U.S.) (see and protocols establishing, 992–1000, also International Development, Act ratifications of, 998n, 1710n; NATO for; Mutual Security Program; Stra- support of, 1614; Three-Power (France, tegic materials; Tariff beadings; Tech- U.K., U.S.) support of, 1459–1460; nical Assistance; Trade headings; and U.S. support of, 1436, 1625. regional and individual country head- European Payments Union, agreement ings): Agricultural Trade Develop- and protocol establishing, 1012–1039. ment and Assistance Act, as amended, European Political Community: Statute provisions of relating to, 2941-2947; of, draft treaty embodying, 1201- Commission on (Randall Commis- 1230; Council of Europe, protocol on sion), establishment and report of, links with, 1231-1232; European Coal 2895–2930; congressional recommen- and Steel Community, integration of dations on, 3027-3029; Presidential with, 1214-1217. recommendations on, 2930–2940, European unity and security (see also 2948–2953; Special Assistant to the Brussels Treaty; Europe, Council of; President on, report of (Gray Report), NATO; Western European Union; 2888. and German and_other European Foreign Ministers' (France, U.K., U.S.) headings): Berlin Foreign Ministers consultations, communiqués, declara- Meeting, consideration of at, 1855- tions, and statements on, 1197–1198, 1858, 1861–1864, 1868, 1870, 1871, 1458–1468, 1680, 1709–1713, 1720- 1872-1873, 1875; Geneva Conference 1723, (with Germany) 1724-1727, of Heads of Government, considera- 1737, 1758, 1761-1762, 1779–1780, ation of at, 113, 1896–1897, 2015; 1822, 1827, 1870-1871, 1926–1927, Geneva Foreign Ministers Meeting, 2060. consideration of at, 1897–1898, 1903– Foreign Ministers' (France, U.S.S.R., 1921, 1922–1927, 2035–2036; Three- U.K., U.S.) consultations, communi- Power (France, U.K., U.S.) support qués, declarations, and statements on. of, 1461, 1462, 1464-1465; U.S. sup- (See Berlin Foreign Ministers Meet- port of, 30-31, 33, 35, 50, 62, 126, ing and Geneva Foreign Ministers 373–374, 1432–1457, 1497-1504, 1505- Meeting.) 1510, 1881-1883. Foreign Ministers' deputies (France, U.S.S.R., U.K., U.S.), consultations Famine relief: Agricultural Trade De- of on: Austrian State Treaty, 1826, velopment and Assistance Act pro- 1837, 1877-1881; German settlement, visions governing, 2945; for Afghani- 1785–1793. stan, 2229-2230; for India, 2227-2229. Foreign Operations Administration (see Far East (see also individual country also Mutual Security Program): headings), U.S. policy in, 2310-2328. establishment and functions of, 3090- Far Eastern Commission, membership 3093, 3095-3101, 3142, 3145-3152; of, 449n, 889n. program of, 3140-3145; transfer and Finland, U.N. membership of, 136n, liquidation of functions of, 3152–3155. 335n, 337 Foreign Service Act of 1946, 3204. Fishery rights and resources, inter- Foreign Service personnel (U.S.): China, national and inter-American, 1343– "People's Republic" of, withdrawal 346, 1349–1352, 1356–1364. from, 2453-2456; Hungary, harass- Forced labor, U.N. resolutions con- ment of in, 2121-2122, 2131-2134; cerning, 266–268. integration program for, 3211-3222; Foreign aid (see also International De- management system for, directive velopment, Act for; Mutual Defense concerning, 3204–3210; Rumania, re- Assistance Program; and Mutual strictions on in, 2149, 2151–2152. Security Program): credits to Near Formosa (Taiwan): cease-fire negotia- East, South Asia, and Africa (1945- tions concerning, 2496–2510; China, SUMMARY INDEX IX ference on “People's Republic" of, threat of to, understandings with U.S. concern- 954, 955–956, 2323–2326, 2487–2510, ing, 1668–1669, 2365-2368, 2369- U.S. aggression charged by, 174–175, 2370, 2371–2372, 2400–2401, Viet- 2469-2470, 2476-2481, 2487–2490; Minh forces in, cease-fire agreements defense of, China, Republic of, agree- with, 750–787; Italian peace treaty, ments with concerning, 945–949, interpretation of, joint declaration. 2470-2471, U.S. armed forces, use of by (with U.K. and U.S.), 1680;. in, 63–64, 376, 955–956, 963–964, Japanese peace treaty ratified by, 2468, 2475, 2483–2487, 2490–2492, 437n; Korea (see also Geneva Con- U.S. statements concerning, 954, Indochina and Korea 955–956, 2323–2326, 2493–2496; Ja- subheading, supra), armistice in guar- pan, renunciation of claims to by, anteed by, 2662, 2692–2693; Laos, 426, 450; neutralization of during independence of in French' Union Korean conflict, 2469–2470; U.S. accorded by, 51n, 74; London (Nine- policy respecting, 2448–2452, 2456- Power) Conference, role of at, 1474- 2463. 1491; Middle East, arms supply France: Austrian State Treaty ratified policy in, joint declaration by (with by, 683n; Austrian State Treaty U.K. and U.S.), 2237; Middle East negotiations, role of in (see Austrian Command negotiations, role of in, State Treaty negotiations: Western 2180-2181, 2183-2185; North Africa, Powers' action on); Berlin Foreign policies of in, 2296-2302; North Ministers Meeting, role of at,_85–90, Atlantic Treaty ratified by, 814n, 1870-1871 (see also Berlin Foreign protocols to accepted by, 854n, 872n; Ministers Meeting); Bermuda Con- NATO, role of in, 1594-1660 (see ference of Heads of Government, also NATO); OEEC convention rat- role of at, 1468--1470; Brussels Con- ified by, 998n; Paris (Nine-Power) ference on EDC, role of at, 1200- Conference, role of at, 1492–1493; 1201; Brussels Treaty ratified by, Southeast Asia, policy of in (see 971n, Paris protocols to ratified by, Indochina subheading, supra); South- 975n; Cambodia, independence of in east Asia Collective Defense Treaty French Union accorded by, 51n, 74; ratified by, 915n; trust territories Council of Europe, Statute of ratified administered by, 153n; U.S.S.R., by, 1011n; disarmament, position relations with (see Austrian State (see Disarmament); European Treaty negotiations, Berlin Foreign Coal and Steel Community treaty Ministers Meeting, Disarmament, ratified by, 1077n; European Defense East-West contacts, Geneva Community treaty, parliamentary ference headings, and Germany); action on by, 95, 614, 628, 1456, United Nations, role of in (see 1470–1473, 1471n, 1498, 1503n, 1674, United Nations headings); U.N. 1706; EPU membership of, 1012; ECOSOC, member of, 149n; United Geneva Conference of Heads of States, relations with, communi- Government, role of at, 111-114, qués, letters, etc. on, 1458–1470, 2015–2018 (see also Geneva Con- 1669-1677 (see also Foreign Min- ference of Heads of Government); isters' consultations and organiza- Geneva Conference Indochina tional and subject headings), Viet- and Korea, role of at, 785–787, Nam, independence of in French 2692-2693, 2695–2701, understand- Union accorded by, 51n, 74; Yugo- ings with U.S. concerning,. 2381, slavia, consultations with, 2165. 2396-2397; Geneva Foreign Ministers Meeting, role of at, 115-122, 1926- GATT (General Agreement on Tariffs 1927, 2032–2039 (see also Geneva and Trade). (See Tariffs and Trade, Foreign Ministers Meeting); Ger- General Agreement on.) many, settlement in, position of Gaza strip, Israeli attacks in, 2247-2248. respecting (see Germany); Germany, Federal Republic of, occupation re- Geneva Conference of Heads of Govern- gime in, termination of, protocol and ment: directive to Foreign Ministers related agreements on ratified by, issued by, 2015-2016; disarmament, 485n, restoration of sovereignty to, proposals concerning made at, 2841- position of respecting, 1197–1198, 2843; East-West contacts, problem 1458-1462, 1709-1713, 1720-1723, of considered at, 2009–2014; Germany 1724_1727 (see also Germany, Federal and European security, problems of Republic of), Saar, agreement with considered at, 1887–1896; prepara- concerning, 613; Indochina, aid to, tions for, 1886–1887; results of, 111- on con- on X SUMMARY INDEX ! 114, 2016–2018; U.S. aims at, 2005– prisoners of war of in U.S.S.R., efforts 2008. to obtain release of, 1729, 1733, 1938– Geneva Conference on Indochina and 1939, 2060, 2063, 2066; rearmament Korea: of, question of, 1782–1785, 1788–1789; Indochina phase: armistice agree- reunification of (see also subhead- ments approved at, 750–785; Final ing on elections in, supra): Berlin Declaration of, 785–787; results of, Foreign Ministers Meeting consider- U.S. views on, 787–788, 2397-2398; ation of, 85-86, 94, 1850-1855, 1859, U.S. aims and policy at, 2382-2397; 1869–1871; Eden Plan for, 1873, 1898, Korean phase: declaration (sixteen- 1899, 1900-1903, 1905, 1922; Geneva nation) issued at, 2692-2693; results Conference of Heads of Government of, 2695–2701; U.S. aims at, 2685– consideration of, 113, 125-126, 1888- 2692; 1891, 1893, 1895, 1896-1897, 2009- preparations for, 1704-1705, 2372- 2010, 2015, 2017; Geneva Foreign 2381, 2685. Ministers Meeting consideration of, Geneva Foreign Ministers Meeting: 1897–1927, 2035-2036; Potsdam agree- communiqué (quadripartite) of, 2039; ment concerning, Soviet violation of, declaration (tripartite) of, 1926–1927; 1938; tripartite (French, U.K., U.S.) disarmament, proposals concerning efforts to obtain, 1465-1466, 1711, made at, 2844-2850; East-West con- 1756–1757, 1779–1780, 1791; U.S. tacts, problem of considered at, 2018- position respecting, 354-355, 368, 373, 2032; Germany and European secur- 638–639, 1435, 1437, 1502, 1728, 1729, ity, problems of considered at, 1897– 1733, 1747–1748, 1778-1779, 1843– 1926; preparations for, 2015-2016; 1844. results of, 115-122, 1926–1927, 2032- Germany, Federal Republic of (see also 2039. Germany and Germany, Soviet Zone Genocide Convention, ratification action of): Allied High Commission for, on, 3n, 166n. charter of, revision of, 1714-1717, Geophysical Year. (See International decisions and proclamations by, 1717- Geophysical Year.) 1720, 1734; Arbitral Commission on Germany (see also Germany, Federal Property, Rights, and Interests in, Republic of, and Germany, Soviet establishment and charter of, 494, Zone of): Austrian State Treaty pro- 581-582, 595-596, 600-607; Arbitra- visions affecting, 645–646, 650, 653– tion Tribunal in, establishment and 664; Berlin, problem of in relation to charter of, 489–490, 491-498, 576, (see Berlin); Berlin Foreign Ministers 607, 609, 616; armaments in, control Meeting discussion of, 1850–1855, of, London (Nine-Power) Conference 1859, 1869–1871; declaration concerning, 1478-1479, elections in: Éden Plan for, 1873, Paris Protocol (No. III) to Brussels 1898, 1899, 1900–1903, 1905, 1922; tri- Treaty concerning, 620, 634, 979-984; partite (French, U.K., U.S.) efforts assets of in U.S., 1734; Bonn agree- to obtain, 1756–1757, 1779–1780, ments on (see Paris Conference deci- 1794–1795, 1797-1798, 1809-1814, sions, infra); Brussels Treaty acceded 1819–1821, 1839-1840, 1842–1844, to by, 972-976, Paris protocols to 1882, 1883; United Nations efforts to ratified by, 975n; civil aviation in, obtain, 1795–1797, 1798–1809, 1814- agreement concerning, 598–600; · 1819; U.S. efforts to obtain, 1747– Council of Europe, Statute of acceded 1748, 1778–1779, 1780-1781, 1783, to by, 1011n; European Coal and Steel 1785, 1850-1855, 1859, 1869–1870; Community treaty ratified by, 1077n; Foreign Ministers' deputies (France, European Defense Community, pro- U.S.S.R., U.K., U.S.) for, meetings posed participation of in, 1197-1198, of, 37n, 1785–1793; Geneva Confer- 1720-1722, 1725–1727, 1748, treaty ence of Heads of Government con- establishing, parliamentary action on sideration of, 1887–1896; Geneva by, 1471n; EPU membership of, 1012; Foreign Ministers Meeting considera- finance convention with, 539-556, tion of, 1897–1926; neutrality of, 639, 640; forces and their members in, question of, 1885–1886, 1888; occu- tax treatment of, agreement on, 607- pation forces in, question of with- 610, 639-640; Foreign Affairs, Minis- drawal of, 1855, 1867-1869, 1891; try of, establishment of in, 1719n; peace treaty for, efforts to obtain foreign forces in, presence of, conven- (see also subheadings on elections in tion on, 610-612, 617, 639-640; for- and reunification of, supra and infra), eign forces in, rights and obligations 1780–1781, 1783, 1797–1798, 1839; of, convention on, 498–539, 634-637, SUMMARY INDEX XI 639, 640; London (Nine-Power) Con- 1758, road tolls, 1758–1761, water- ference decisions concerning, 619, ways controls, 1765. 1475-1476, 1478-1479, 1481, 1482, Ghana (Gold Coast); Afro-Asian Con- 1490–1491; North Atlantic Treaty, ference attended by, 2344; self-gov- accession to by, preliminaries to, 618- ernment in, Senate resolution on, 619, 841-850, 1481-1483, protocol on, 2306. 613-615, 618, 622, 623–626, 627-643, Goa, controversy over between India 871-873, 1501; occupation regime in, and Portugal, 2294–2296. revision of, 1714-1718, termination of, Gold Coast. (See Ghana.) 483-485, 1461, 1475–1476, 1492–1493, Gray Report. (See Foreign Economic 1638, 1734; Paris (Four-Power) Con- Policies, Special Assistant to the ference decisions affecting, 483-612, President on, report of.) 627-643; Paris (Nine-Power) Confer- Great Britain. (See United Kingdom.) ence decisions affecting, 1492–1493; Greece: atomic energy, civil uses of, rearmament and defense contribution U.S. agreement with, 2883n; Balkan of (see also subheading on armaments Pact agreements ratified by, 1235n; in, supra, and Germany: rearmament Council of Europe, Statute of acceded of), Austrian State Treaty provisions to by, 1011n; Cyprus, dispute with concerning, 650, London (Nine-Power) Turkey over, 2276-2277; defense Conference decisions concerning, 1476, facilities in, use of by U.S., agree- 1490–1491, 1492, North Atlantic ment on, 2188-2189; EPU member- Council decisions on, 1608–1609, Paris ship of, 1012; Japanese peace treaty Protocol (to Brussels Treaty) on, 620, ratified by, 438n; North Atlantic 977–979, U.S. position regarding, 630- Treaty acceded to by, 853–871, 631, 1471, 1473, 1507–1508, 1888- 1614–1615, protocol to accepted by, 1889; reparations settlement with, 872n; OEEĆ convention ratified by, 584–585; restitution of property by, 998n; U.N. ECOSOC, member of, 567-584; retained rights in, tripartite 149n; U.N. Security Council, non- agreement on, 612, 638-639; Saar, permanent member of, 141n; U.S. agreement with France on, 613; aid to, 859-860, 869-870, 2173. sovereignty, restoration of to, Paris Greenland, defense of, agreement be- (Four-Power) Conference agreements tween the U.S. and Iceland concern- affecting, 483-612, 627-643, tripartite ing, 1661-1667. (French, U.K., U.S.) views on, 1197 Guatemala: Communist intervention in, 1198, 1458–1462, 1709–1713, 1720- 93, 1303-1316; disturbances in, OAS 1723, 1724-1727, United States views decisions respecting, 1271–1273, 1277; on, 613–643, 1435, 1472, 1473-1474, Honduras and Nicaragua, disputes 1727-1728, 1732–1734; Three Powers with, 1291-1292; Japanese peace and, relations between, convention treaty ratified by, 438n; Rio Treaty on, 486–498, 615-617, 640, 1503n; ratified by, by, 811n, declaration of U.S.S.R., relations with, 1737 and concerning, 795; U.N. Trusteeship note; U.S. authority and functions in, Council, member of, 155n. Executive order on, 1735–1736; U.S. relations with (see also other sub- Haiti: Dominican Republic, dispute headings), communiqués on, 1729– with, 1268–1273, 1277-1279, 1287; 1734, 1736-1737, state of war between, Japanese peace treaty ratified by, termination of, 1723-1724, trade be- 438n; Rio Treaty ratified by, 811n; tween, 1730-1731, war claims in, U.N. Trusteeship Council, member of, 1734; war criminals of, 1730; war and 155n. occupation, settlement of matters Heads of Government (France, U.K., arising out of, convention on, 557-607, U.S.) consultations. (See Bermuda 639, 640. Conference of Heads of Government.) Germany, Soviet Zone of (East Germany Heads of Government (France, U.S.S.R., and German “Democratic Republic''): disorders in, 1742–1744, 1746–1750; U.K., U.S.) consultations. (See Ge- Eastern European Mutual Assistance neva Conference of Heads of Gov- Treaty (Warsaw Pact) ratified by, ernment.) 1239n; Prague Conference of 1950 High seas, regime of, 1346-1355. attended by, 1782n; remilitarization Honduras: Guatemala and Nicaragua, of, 1737-1739; status of, 1756–1757, disputes with, 1291-1292; Japanese 1761-1762; Western Zones of Ger- peace treaty ratified by, 438n; Rio many, relations of with respecting Treaty ratified by, 811n, reservation interzonal barriers, 1750–1756, 1757– concerning, 795. XII SUMMARY INDEX Human rights: covenants (draft) con- attended by, 2344n; Colombo Plan, cerning, 204-227; U.N. resolutions on, member of, 2339; independence of, 244-246; U.S. policy regarding, 5-10, 34n, 51n, 464n, 2312n; U.N. ECOSOC, 25, 71–77, 227-244, 346-347; Uni- member of, 149n; U.N. membership versal Declaration of, actions on, of, 136n. 204n. Information Program. (See Interna- Hungary: Eastern European Mutual tional Information and Educational Assistance Treaty (Warsaw Pact) Exchange Program.) ratified by, 1239n; Prague Conference Inter-American Conference, Tenth: dec- of 1950 attended by, 1782n; U.N. larations of, 1299-1302; U.S. state- membership of, 136n, 335n, 337; U.S. ments at, 1333-1336. relations with, 2067-2068, 2084-2085, Inter-American Economic and Social 2117-2135. Council, resolution of concerning technical assistance, 1316-1325. Iceland: Council of Europe, Statute of Inter-American Peace Committee, work acceded to by, 1011n; defense of, of, 1285–1292. agreement with U.S. concerning, Inter-American Treaty of Reciprocal 1677–1679; EPU membership of, Assistance (Rio Pact/Treaty): text 1012; North Atlantic Treaty ratified of, 789–796; applications of, 1260- by, 814n, protocols to accepted by, 1285, 1309, 1311; ratification of, 811n; 854n; OEEC convention ratified by, U.S. ratification action on, 796–812. 998n; U.N. membership of, 136n. International Cooperation Administra- Immigration: quotas for, Presidential tion, establishment and functions of, proclamation establishing, 3232-3234. 3152–3155. Immigration and Nationality Act of International Court of Justice: advisory 1952, 3232. opinions of, concerning human rights India: Afro-Asian Conference attended clauses of treaties of peace with by, 2344; Colombo Conference at- Bulgaria, Hungary, and Rumania, tended by, 2344n; Colombo Plan, 2070-2079; compulsory jurisdiction member of, 2339; Goa, controversy of, acceptance of by Italy and the over with Portugal, 2294-2296; Japan, Federal Republic of Germany, 975– treaty of peace with, 439n; Kashmir, 976; Czechoslovak refusal to accept dispute over with Pakistan, 2277– jurisdiction of, 2115n; decisions of 2294; Republic of, establishment of, respecting Iran, competence of Court 34n, 51n, 464n, 2312n; U.N. ECOSOC, respecting oil controversy in, 2264, member of, 149n; U.N. Security 2269, Morocco, rights of American Council, nonpermanent member of, nationals in, 2296–2297; Hungarian 141n; U.N. Trusteeship Council , refusal to accept jurisdiction of, member of, 155n; U.S. relations with, 2126n; Iranian refusal to accept 2172, 2192–2193, 2227-2229, 2321- jurisdiction of, 2264n; U.S.S. R. re- 2322, 2551–2552. fusal to accept jurisdiction of, 1974n, Indochina (see also Cambodia, Laos, 2264n. and Viet-Nam): armistice agreements International Development, Act for in, 750–788; Associated States of, (Point 4): text of, 3047--3054; adminis- aid program for, 1668-1670, 1673, tration of, 3055–3058; program under, 1675, 1676-1677, 2365-2366, 2371– 31, 51, 2951, 3140–3145. 2372, 2400–2401, 2403, independence International Development Advisory of, 1467, 1468, 2363–2365, 2372, 2392, Board: establishment of, 3118-3119; 2394, SEATO, extension of benefits report of (Rockefeller Report), 2888. of to, 916, 920, 930, 940, U.S. recog- International Finance Corporation, es- nition of, 2364-2365; Communist tablishment of, 388, 2951 and note. agression in, Chinese Communist International Geophysical Year, Ant- threat of, 2370–2371, 2393–2395, arctic explorations in connection with, NATO policy respecting, 2368–2369, 1430-1431. tripartite (French, U.K., U.S.) con- International Information and Educa- sultations concerning, 1461, 1466- tional Exchange Programs: Campaign 1467, 1468, 1470, 2367, 2368, U.S. of Truth under, 3163–3165; Educa- policy respecting, 354, 367, 1436– tional Exchange Program under, 1437, 2373–2381; Geneva Conference 3172-3184, 3191–3203; history of, on (see Geneva Conference on Indo- 3161-3163, 3174-3176; Operations china and Korea: Indochina phase). Coordinating Board, establishment Indonesia: Afro-Asian Conference at- of under, 3186–3187; Psychological tended by, 2344; Colombo Conference Strategy Board, establishment of . SUMMARY INDEX XIII nonpermanent Japan: administrative agreement with, tended by, 2344; atomic energy, civil under, 3168–3169; scope of programs armistice agreement with, 719–724, under, 3166-3167, 3176–3184, 3188- Truce Supervision Organization in, 3203; U.S. Information Agency, es- obligations of to, 2241-2244, water tablishment of under, 3163, 3184- diversion dispute with, 2245; U.N. 3186, 3188; U.S. International Infor- membership of, 136n; U.S. relations mation Administration, establishment with, 374-375, 2170-2171, 2174-2175, of under, 3169–3172. 2177-2180, 2231-2236, 2254–2255. International Law Commission, report Italy: atomic energy, civil uses of, U.S. of on regime of territorial sea, 302– agreement with, 2883n; Brussels 321. Treaty, accession of to, 972–976, International organizations: U.S. citi- Paris protocols to ratified by, 975n; zens, employed by, regulations govern- Council of Europe, Statute of ratified ing, 297–298; U.S. contributions to, by, 1011n; European Coal and Steel restrictions on, 272–273. Community Treaty ratified by, 1077n; International Organizations Employees European Defense Community treaty, Loyalty Board, establishment of in parliamentary action on by, 1442, U.S. Civil Service Commission, 295, 1471; EPU membership of, 1012; 297-298. North Atlantic Treaty ratified by, International Security Affairs, Office of, 814n, protocols to accepted by, 854n, establishment of in Department of 872n; OEEC convention ratified by, State, 3045-3047. 998n; peace treaty with, interpreta- International Security Affairs Commit- tion of, tripartite (French, U.K., tee (Interdepartmental), establish- U.S.) declaration on, 1680, obligations ment of, 3043-3045. of under, release from, 1683, U.S. rati- Iran: Afro-Asian Conference attended fication action on, 391-419; Trieste by, 2344; Baghdad Pact ratified by, settlement, role of in, 419-425; trust 1257n; Japanese peace treaty ratified territories administered by, 153n; by, 438n; oil controversy in, settle- U.N. membership of, 136n, 335n, 337, ment of, 2261-2275; U.S.S.R., rela- 1680n; U.S. relations with, communi- tions with, 1942 – 1943; U.N. qués on, 1681-1685. ECOSOC, member of, 149n; U.N. Security Council, member of, 141n; U.S. economic aid 2406-2423; Afro-Asian Conference at- to, 2271-2272, 2275. Iraq: Afro-Asian Conference attended uses of, U.S. agreement with, 2883n; by, 2344; Arab League pacts ratified Burma, treaty of peace with, 439n; by, 1243n, 1249n; Baghdad Pact China, Republic of, treaty of peace ratified by, 1257n; Japanese peace with, 439n; Colombo Plan, member of, treaty ratified by, 438n; U.N. Trus- 2339; criminal jurisdiction of over teeship Council, member of, 155n; U.S. armed forces in, 1579–1580, U.S. policy respecting, 2171. 2416–2418; defense capacity of,.2446– Ireland: Council of Europe, Statute of 2448; economic situation in, 467, ratified by, 1011n; EPU membership 2319-2320, 2434–2437, 2442-2443, of, 1012; OEEC convention ratified 2458; GATT, accession of to, 2436, by, 998n; U.Ni membership of, 136n, 2445; India, treaty of peace with, 335n, 337. 439n; Japanese peace treaty ratified Israel (see also Arab-Israeli relations): by, 437n; Korea, independence of atomic energy, civil uses of, U.S. recognized by, 426, 450, 459–460, agreement with, 2883n; Egypt, armi- 477-478; mandates system of trans- stice agreement with, 698-707, Gaza ferred to U.S., 427n; mutual defense Strip in, attacks on by, 2247-2248, assistance agreement with, 2437–2441; Suez Canal shipping restricted by, occupation of, international affairs of, 2251-2254, Truce Supervision Organ- conduct of under, 2405, security ization in, obligations of to, 2248- arrangements with upon termination 2251; independence of, 51n; Jeru- of, 2423-2425; peace treaty with, text salem, movement of capital to, 2254- of, 425–439, agreements supplemen- 2255; Jordan, armistice agreement tary to, 440-442, conference on, U.S. with, 712–718, Qibya incident with, statements at, 442-462, principles for, 2246–2247; Jordan River development draft of, 450-451, ratification of, project, talks with concerning, 2231- 437n, 438n, U.S. ratification action on, 2236; Lebanon, armistice agreement 439–440, 463–483; prisoners of war of, with, 707–711; Palestine refugees, efforts for release of, 1944, 2059, 2062, concern of with, 2257–2261; Syria, 2065–2066; rearmament of, 2432-2434; : 1 XIV SUMMARY INDEX over 1 Ryukyu Islands of (Amami Oshima 2702; U.S. policy respecting, 2685– group), restoration of to, 2430, U.S. 2692, 2729-2730, 2733–2734. rights retained in, 2427-2428; security Korea, Republic of (South Korea) (see treaty with, text of, 885–886, U.S. also other Korean headings): ad- ratification action on, 463, 473, 888– ministrative control certain 896, U.S. statements on, 455–456, areas of, restoration of to, 2694–2695; 886-888; state of war with, termina- currency stabilization in, 2732–2738; tion of, 2325-2327; U.S.S. R., "peace economic aid to, 2320, 2527-2528, declaration” with, 439n; United Na- 2532–2536, 2730–2732, 2736–2738, tions, forces of in Far East, stationing 3113–3114; independence of, 5ln, of in, 2405-2406, membership of in, 464n, 2312n, 2320n; mutual defense efforts to obtain, 335n, 338, 384, 425, assistance agreement with, 2529– 450, 452, 454, 468; U.S. relations 2531; mutual defense treaty with, with, communiqués and statements text of, 897-898, U.S. ratification on, 2430–2437, 2443,2444, 2446-2448; action on, 900–912, U.S. statements war criminals of, 2060-2062; World on, 898–900, 2675, 2730; prisoners of War II forces of, SCAP General war, nonrepatriated, release of by, Order No. 1 respecting surrender of, 2658-2662; U.S. relations with, joint 2451n. communiqués, letters, and statements Jerusalem, status of: U.N. resolution on, 2673–2674, 2674-2676, 2729–2731, respecting, 2254; U.S. policy regard- 2733-2734, 2736–2737. ing, 2170, 2179, 2254-2255. Korean Armistice Agreement: text of, Jordan: Afro-Asian Conference attended 724–750; Military Armistice Com- by, 2344; Arab League pacts ratified mission under, terms of reference of, by, 1243n, 1249n; Israel, armistice 731-733; negotiation of, 2627–2658; agreement with, 712–718, Qibya in- Neutral Nations Repatriation Com- cident with, 2246–2247; U.N. mem- mission under, terms of reference of, bership of, 136n, 335n, 337; U.S. 743–750; Neutral Nations Supervisory policy respecting, 2171. Commission i'nder, terms of reference Jordan River development project, of, 733–737; prisoners of war, repatria- 2176, 2231-2236. tion of, provisions for under, 737-747; sixteen-nation declaration respecting, Kashmir, India-Pakistan dispute over: 2662, 2692–2693; violations of, 2703- U.N. mediation of, 2277-2294; U.S. 2728. policy respecting, 2172. Korean conflict (see also other Korean headings): cease-fire in, U.N. group Katyn massacre, U.S. report to U.N. on, establishment and work of, on, 2143-2144. 2594–2596, 2601–2602, 2605–2606; Kem Amendment (to Third Supple- China, Republic of, offer by of ground mental Appropriation Act of 1951), forces for use in, 2541-2542; Chinese 3105n. Communist intervention in, 2581- Korea (North and South) (see also other 2585, 2593–2594, 2602–2609; com- Korean headings): Japanese forces in, batant activities in, designation of, surrender of, SCAP General Order 2596, 2736; germ warfare, use of in, No. 1. respecting, 2451n; Japanese charges of, 35, 2666-2673; North peace treaty provisions regarding, Korean attack initiating, 2536-2538, 426, 450, 459-460, 477-478; 2572-2575; prisoners of in, relief and rehabilitation of: U.N. nonrepatriated, escape of, 2658–2662, Commission for Unification and Re- sick and wounded, exchange of, habilitation of Korea (UNCURK), 2654–2658, repatriation of, negotia- establishment of, 2576–2578, reports tions for, 2642-2643, 2647–2654; of, 2577n; U. N. Korean Reconstruc- U.S.S.R., involvement of in, 2555- tion Agency (UNKRA), establish- 2556, 2636–2637, 2638–2640, 2647, ment of, 2585–2593, reports of, 2663–2665; U.N. Command in, con- 2588n; U.S. policy respecting, 176– tributions to, 2565–2566, 2626, es- 178; tablishment of, 2550–2551, reports reunification of: conference for, and activities of, 2560-2565, 2575, negotiations on, 353-354, 1845, 2372- 2578; U.N. Commission on Korea, 2373, 2673-2684, 2685, 2692–2693; reports of concerning, 2537-2538, Geneva conference on, 87-88, 95, 2572–2575; U.N. General Assembly 2382-2385, 2685-2692, 2695-2702; resolutions on, 2576-2578, 2585- U.N. resolutions on, 2576–2578, 2585– 2593, 2594–2595, 2602, 2608-2609, 2593, 2643-2644, 2676-2678, 2701, 2614–2615, 2643-2644, 2651-2654, war SUMMARY INDEX XV use on i 2663, 2669-2670; U.N. Security Coun- | Lithuania, U.S. policy respecting sov- cil resolutions on, 2538–2539, 2540– ereignty of, 2086-2089, 2090–2091. 2541, 2550, 2565–2566, 2583–2584, London (Nine-Power) Conference: Final 2668–2669; U.S. action and policy Act of (with annexes), 1474-1491; in, 63–64, 174, 342, 345–346, 351–352, Berlin, decisions respecting reached 353-354, 1948–1952, 2539-2540, 2552– at, 617, 1482-1483; Brussels Treaty 2560, 2566-2572, 2579–2580, 2608, revision, decision respecting reached 2609–2614, 2615–2622; U. S. armed at, 1476–1479, 1483; European se- forces in, authority for of, curity, statements concerning made 2542-2549. at, 1479–1489; Germany, decisions Korean Economic Affairs, President's concerning made at, 619, 1475–1476, Special Representative for, report of 1478-1479, 1481, 1482, 1490-1491; (Tasca Report), 2731--2732. NATO, recommendations concerning Korean "People's Republic" (North made at, 1479-1491; preparations for, Korea) (see also other Korean head- 1470-1474; results of, 1492, 1499- ings): embargoes (U.N. and U.S.) 1500. trade with, 2595, 2614-2615, Luxembourg: Brussels Treaty ratified 2622–2626; U.Se travel restrictions by, 971n, Paris protocols to ratified in, 2085. by, 975n; Council of Europe, Statute Kurile Islands, status of, 426, 450, of ratified by, 1011n; European Coal 453, 470, 471. and Steel Community treaty ratified by, 1077n; European Defense Com- Laos (see also Indochina): Afro-Asian munity treaty, parliamentary action Conference attended by, 2345; armi- on by, 1471n; ÈPU membership of, stice agreement in, 775-785; Colombo 1012; North Atlantic Treaty ratified Plan, member of, 2339; emergency by, 814n, protocols to accepted by, aid program for, 2369_2370; inde- 854n, 872n; OEEC convention rati- pendence of in French Union, 51n, fied by, 998n. 74; Japanese peace treaty ratified by, 438n; U.N. membership of, 136n, Malaya, Federation of: Colombo Plan, 335n, 337. member of; 2339. Latin America. (See American Re- Manila Conference (1954): agreements publics.) made at, 912-917; preparations for, Latvia, U.S. policy respecting sover- 2383; results of, 96, 919–923; U.S. eignty of, 2086–2091. statement at, 917-919. Lebanon: Afro-Asian Conference at- Manila Pact. (See Southeast Asia Col- tended by, 2345; Arab League pacts lective Defense Treaty.) ratified by, 1243n, 1249n; atomic Materials Policy (Paley) Commission, energy, civil uses of, U.S. agreement report of, 2893. with, 2883n; Israel,' armistice agree- Matsu Islands. (See Quemoy and ment with, 707-711; Japanese peace Matsu Islands.) treaty ratified by, 438n; U.N. Merchant Marine Act of 1936, revision ECOSOC, member of, 149n; U.N. of, 2926, 2937. Security Council, nonpermanent Mexico: agricultural workers, U.S. member of, 141n; U.S. policy respect- agreement with concerning, 1376– ing, 2171. 1403; Japanese peace treaty ratified Lend-lease settlements: status of (as of by, 437n; Rio Treaty, declaration of 1955), 3030–3037; U.S.S.R., negotia- concerning, 796, ratified by 811n; tions with concerning, 2039–2058. U.N. ECÖSOC, member of, 149n; U. N. Security Council, nonperman- Liberia: Afro-Asian Conference at- ent member of, 141n; U. N. Trustee- tended by, 2345; Japanese peace ship Council, member of, 155n. treaty ratified by, 438n. Mid-Canada defense line, establishment Libya: Afro-Asian Conference attended of, 1429–1430. by, 2345; Arab League pact adhered Middle East. (See Near and Middle to by, 1244n; defense facilities in, East.) use of by U.S., agreement on, 2207–Middle East Command, negotiations 2223; friendship and alliance, treaties respecting, 2180-2187. of with France, Italy, and U.K., Migrants from Europe, Intergovern- 2209n; independence of, 51n, recog- mental Committee for Movement of, nized by U.S., 2302–2303; U.N. mem- U.S. contributions to, 3080, 3121. bership of, 136n, 3351, 337; U.S. Military aid (assistance) to foreign policy respecting, 2173. countries. (See Mutual Defense As- XVI SUMMARY INDEX as sistance Program and Mutual Se- East and Africa, aid to under, 3062- curity Program.) 3065; technical cooperation program Mindszenty case. (See Hungary.) under, 3117-3119; termination of Monroe Doctrine formula, application assistance under, 3079, 3129–3130; of to other areas, 907, 937, 938, 960. transferability of funds under, 3128- Morocco: Mohammed V returned to 3129. from exile, 2299; U.N. General National Security Council, effect of Assembly resolution concerning, 2298; Mutual Defense Assistance Act on U.S. nationals, rights of in, 2296–2297. functions of, 3044-3045. Mutual Defense Assistance Act of 1949: Near and Middle East (see also Arab administration of, 3038–3039; amend- States and individual country head- ment of, 3039-3042. ings): arms supply policy in, 2239- Mutual Defense Assistance Control 2241; border disputes in, 2241-2255, (Battle) Act: text of, 3101-3105; 2276-2296; economic aid to, 2227– administration of, 3123-3124. 2236, 3062-3065; military arrange- Mutual Defense Assistance Program ments in, 2180-2206; U.S. Policy (see also Mutual Security Program): respecting, 2167–2180. administration of, 3038–3039, 3043- Nepal: Afro-Asian Conference attended 3047; authorization for, 3039-3042; by, 2345; U.N. membership of, 136n, European program under, 1439–1440; 335n, 337. military assistance agreements nego- Netherlands: atomic energy, civil uses tiated under with China, Republic of, of, U.S. agreement with, 2883n; 2470–2471, 2470n, with Japan, 2437– Brussels Treaty ratified by, 971n, 2441, with Korea, Republic of, 2529– Paris protocols to ratified by, 975n; 2531, with Spain, 1696–1698, with Council of Europe, Statute of ratified Yugoslavia, 2160-2163. by, 1011n; European Coal and Steel Mutual Security, Public Advisory Board Community treaty ratified by, 1077n; for, report of (Bell Report), 2893. EDC treaty, parliamentary action Mutual Security Act of 1951, on by, 1471n; EPU membership of, amended in 1952 and 1953: text of, 1012; Japanese peace treaty ratified 3059-3086; administration of, 3086- by, 438n; North Atlantic Treaty 3088, 3095–3101. ratified by, 814n, protocols to accept- Mutual Security Act of 1954, ed by, 854n, 872n; OEEC convention amended in 1955: text of, 3105–3140; ratified by, 998n; U.N. ECOSOC, administration of, 3145–3155. member of, 149n; U.N. Security Mutual Security Agency: establishment Council, nonpermanent member of, and functions of, 3070-3071, 3086- 141n. 3088; transfer of functions of, 3092, New Zealand: Colombo Plan, member 3097. of, 2339; Japanese peace treaty Mutual Security Program (see also ratified by, 437n; Southeast Asia Mutual Defense Assistance Program): Collective Defense Treaty ratified by, administration of, 3086-3101, 3145– 915n; trust territories administered 3155; agricultural commodities (sur- by, 153n; U.N. ECOSOC, member of, plus), sale of under, 3085–3086, 3119- 149n; U.N. Security Council, non- 3120; American Republics, aid to permanent member of, 141n. under, 3068–3069; Asia, aid to under, Nicaragua: Costa Rica, disputes with, 3065-3068, 3127–3128; authorization 1260-1267, 1279–1285; Guatemala for, 3059–3086, 3105-3140; defense and Honduras, disputes with, 1291- support assistance under, 3112–3114; 1292; Japanese peace treaty ratified development assistance under, 3116– by, 438n; Rio Treaty ratified by, 811n. 3117; escapee program under, 3060, Nigeria, self-government for, Senate 3119; Europe, aid to under, 3060–3062; resolution on, 2306. investment guaranties under, 3075- Non-self-governing territories. (See 3076, 3077, 3124-3126; military assist- Colonialism and United Nations ance agreements negotiated under headings.) with American Republics, 1303n, with North Atlantic Council: organization of, Japan, 2437–2441, with Libya, 2207- 1594-1600, 1613, 1614, 1622; sessions 2223, with Pakistan, 2194–2198, with of, 1594-1660. Spain, 1696–1698, with Yugoslavia, North Atlantic Treaty: text of, 812–815, 2160–2163, map illustrating, 3156– ratifications and accessions to, 814n, 3157; mutual defense assistance agree- 853n, 854n, U.S. ratification action ments, provisions of governing, 3073– on, 815–852; Germany, Federal Re- 3074, 3108–3112, 3114-3116; Near public of, protocol on accession to, as .....1 SUMMARY INDEX XVII ence ✓ 871-873, acceptances of, 872n, 1503n, Norway: Council of Europe, Statute of U.S. ratification action on, 613-643; ratified by, 1011n; EPU membership Greece and Turkey, protocol on of, 1012; Japanese peace treaty accession to, 853–854, acceptances of, ratified by, 438n; North Atlantic 854n, U.S. ratification action on, Treaty ratified by, 814n; protocols to 854–871. accepted by, 854n, 872n; QEEC North Atlantic Treaty Organization convention ratified by, 998n; U.N. (NATO) (see also North Atlantic ECOSOC, member of, 149n; U.N. Council and North Atlantic Treaty): Security Council nonpermanent armed forces of (see also SACEUR member of, 141n. subheading, infra), 1618–1620, 1621, French position regarding, 1522, OAS (Organization of American States). 1523–1524, Italian position regarding, (See American States, Organization 1524, 1528, "long haul” concept re- of.) specting, 1446, 1449–1450, U.K. posi- Oatis case. (See Czechoslovakia.) tion on, 1522–1523, U.S. position on OEEC (Organization for European (see subheading on U.S. troops as- Economic Cooperation). (See Euro- signed to, infra); European Defense pean Economic Cooperation, Organ- Community, proposed relation to, ization for.) 1171, 1173–1174, 1198–1200, 1621; "Open skies' proposal. (See Disarma- German defense contribution to (see ment: inspection methods.) Germany, Federal Republic of: re- OTC (Organization for Trade Coopera- armament and defense contribution tion). (See Trade Cooperation, Or- of); infrastructure of, U.S. contribu- ganization for.) tions to, 3039–3042, 3060–3062, 3107-Outer Mongolia, U.N. membership of 3108; London (Nine-Power) Confer- recommendations concerning, proposed, 335ń. 618, 1480-1481, 1491-1496; reorgani- Pacific area: military security in, 2317- zation of, 1609-1612; review of ac- 2319; regional arrangements in, 445- tivities of, 1639-1652; SACEUR 446, 911. (Supreme Allied Commander, Eu- Pacific Charter; text of, 916-917; re- rope), establishment of, 1505, 1506, 1606-1609, troop commitments to, ports on, 921–922, 928; Senate con- 1476--1477, 1479-1480, 1484–1490, sideration of, 943. Conference at- 1501-1502; Secretary-General's report Pakistan: Afro-Asian on, 1639–1652; SEATO, comparison tended by, 2344; atomic energy, civil with, 936-937; Status of Forces of, uses of, U.S. agreement with, 2883n; agreement on, 1529–1544, ratifications Baghdad Pact ratified by, 1257n; of, 1543n, U.S. ratification action on, Colombo Conference attended by, 1561-1582, revision of (proposed), 2344n; Colombo Plan, member of, 1582–1593; Status of International 2339; dominion status of, 34n, 51n, Military Headquarters of, protocol 464n, 2312n; India, dispute with over on, 1553-1559, ratifications of, 1559n, Kashmir (see Kashmir); Japanese U.S. ratification action on, 1561-1581; peace treaty ratified by, 437n; mutual Status of NATO, National Repre- defense assistance agreement with sentatives and International Staff, U.S., text of, 2194-2198, preliminaries agreement on, 1544-1552, ratifications to, 2191, purpose of, 2192–2193; of, 1552n, U.S. ratification action on, Southeast Asia Collective Defense 1561-1581; tax-relief agreements Treaty ratified by, 915n; Turkey, (U.S.) with members of, 1576n; agreement for friendly cooperation Turkey, preliminary association with, with, 1253–1256; U.N. ECOSOC, 2187; U.S.S.R., proposal of to join, member of, 149n; U.N. Security 1873; United Nations, relation to, Council, nonpermanent member of, 829, 831, 834-835, 838–839, 844-846; 141n; U.S. relations with, 2172, 2321- U.S. nationals employed by, agree- 2322, communiqué on, 2198-2199. 1552–1553, 1560-1561, Palestine refugees: U.N. General As- ratifications of, 1552n; U.S. troops sembly resolutions respecting, 2257– assigned to, congressional authority 2261; U.S. contributions to relief of, for, 1526-1528, testimony concerning, 2256-2257, 3064, 3084-3085, 3122; 1504-1526, policy respecting, 989– U.S. policy respecting, 2170–2171, 991, 1199-1200, 1587-1588, Wherry 2177, 2178. resolution on, 1520n; Western Euro- Paley Report. (See Materials Policy pean Union, relation to, 973. Commission, report of.) ments on, Kansa XVIII SUMMARY INDEX ) Pan American Highway, 1341-1342. 1239n; information services of in U.S., Panama: Japanese peace treaty ratified closing of, 2137-2138; Katyn massacre by, 438n; Panama Canal and Canal in, 2143-2144; religious persecution Zone, U.S. agreement with concern- in, 2145; Prague Conference of 1950 ing, 1364-1375; Rio Treaty, ratified attended by, 1782n; repatriation mis- by, 811n. sion of in Germany, closing of, Paraguay: Japanese peace treaty rati- 2135–2137; ships of in Far East, fied by, 438n; Rio Treaty ratified by, incidents concerning, 2524–2526; sub- 811n. versive activities of U.S. in alleged by, Paris agreements (1954). (See Ger- 2140-2143; travel restrictions in, many, Federal Republic of: sover- 2084-2085; U.N. ECOSOC, member eignty, restoration of to, and Western of, 149n; U.N. Security Council, European Union.) nonpermanent member of, 141n; Paris (Nine-Power) Conference: com- Wyszynski, Cardinal, arrested by, muniqué of, 1492-1493; North Atlan- 2145. tic Council communiqués and resolu- Portugal: atomic energy, civil uses of, tion approving results of, 1493–1496, U.S. agreement with, 2883n; Azores, 1637–1639; preparations for, 1474- use of military facilities in, U.S. 1492; results of, 1497-1504; Western agreement with, 1685–1689; EPU European Union, protocols to Brussels membership of, 1012; Goa, dispute Treaty establishing signed at, 972- over with India, 2294–2296; North 989. Atlantic Treaty ratified by, 814n, Paris protocols. (See Western European protocols to accepted by, 854n, 872n; Union.) DEEC convention ratified by, 998n; Peru: Colombia, dispute with, 1290; U.N. membership of, 136n, 335n, 337; Cuba, dispute with, 1288; fisheries U.S. relations with, communiqué on, problems concerning, 1356-1364; Jap- 1689. anese peace treaty ratified by, 438n; Potomac Charter, 1707. Rio Treaty ratified by, 811n; U.N. Prague Conference of Foreign Ministers.. ECOSOC, member of, 149n; U.N. of Eastern European countries (1950): Security Council, nonpermanent mem- attendance at, 1782n; declaration ber of, 141n. issued by, 1782–1784, 1785, 1786, Philippines, Republic of: Afro-Asian 1787, U.S. reaction to, 1782–1787. Conference attended by, 2345; atomic | Prisoners of war. (See subheadings energy, civil uses of, U.S. agreement under Germany, Japan, Korean en- with, 2883n; Colombo Plan, member tries, U.S.S.R., and United Nations.) of, 2339; economic survey mission to, Psychological Strategy Board, estab- report of (Bell report), 2355–2357, lishment and functions of, 3168–3169. 2359; independence of, 34n, 51n, 464n, Puerto Rico, U.N. General Assembly 2312n, 2320n; Japanese peace treaty resolution on cessation of transmission ratified by, 438n; mutual defense of information on, 247-249. treaty with U.S., text of, 873–875, U.S. ratification action on, 463, 875-Qibya incident, 1467-1468, 2246--2247. 877, Council established under, 2360; Quemoy and Matsu Islands, defense of, Southeast Asia Collective Defense 2491-2493, 2495, 2496. Treaty ratified by, 915n; trade agree- ment with U.S., revision of, 2360- | Radio Free Europe, 2069, 2099, 2101- 2363; U.N. ECOSOC, member of, 2102, 2128. 149n; U.N. Trusteeship Council , mem- Randall Commission, establishment and ber of, 155n; U.S. relations with, report of. (See Foreign Economic 2320–2321, 2357–2359. Policy, (Randall) Commission on.) Pinetree line (U.S.-Canadian air de- Refugee Relief Act of 1953, as amended fense), establishment of, 1427–1428. in 1954, 3235–3243. Pleven Plan. (See European Defense Refugee Relief Program, report on, Community.) 3244-3245. Point 4 Program. (See International Refugees. (See Mutual Security Pro- Development, Act for.) gram: escapee program; Palestine Poland: Austrian State Treaty, acceded refugees, and refugee headings, supra.) to by, 672n; Bulgarian interests in Reparation Agency, Inter-Allied, mem- U.S. represented by, 2091n; consulates bership of, 585n. general of in U.S., closing of, 2145; Reparations (World War II), Eastern European Mutual Assistance Austria, 653, from Germany, 584-585; Treaty (Warsaw Pact) ratified by, from Japan, 432–437. from حسظالمسلمين عن الدعخششنتنغضنمننممنملهع: جيهان SUMMARY INDEX XIX log 'e so been the le le i 19 I b, } 3 1 } Rio Treaty. (See Inter-American Treaty draft covenant provisions on, 205, of Reciprocal Assistance.) 219; U.N. General Assembly resolu- Rockefeller report. (See International tions on, 249–251; U.S. position on, Development Advisory Board, report 71-77. of.) Southeast Asia (see also SEATO and Rumania: Eastern European Mutual individual countries): collective se- Assistance Treaty (Warsaw Pact) curity in, tripartite (French, U.K., ratified by, 1239n; information activi- U.S.) consultations on, 1458–1459, ties of U.S. in, charges by, 2147-2148; 1461, U.K.-U.S. consultations on, Ploesti trials in, U.S. position regard- 1704–1705, 1706, U.S. position on, ing, 2153-2156; Prague Conference 96, 2387–2388, 2391–2392; Colombo of 1950 attended by, 1782n; publica- Plan, role of in, 2338-2344; U.S. tions of in U.S., suspension of, 2156; aid to, 2236; U.S. policy respecting, subversive activities of U.S. in alleged 2168-2169, 2172, 2173, 2310–2328. by, 2150–2151; travel restrictions in, Southeast Asia Collective Defense 2084–2085, 2148-2149, 2149-2150, Treaty (Manila Pact): text of (with 2151-2153; U.N. membership of, protocol), 912–916; ratifications of, 136n, 335n, 337; U.S. policy respect- 015n; U.S. ratification action on, ing, 2157-2158, 2159-2160. 923-945. Ryukyu Islands, 426, 450, 453, 469, Southeast Asia Treaty Organization: 471-472, 2427–2428. Council of, communiqué on meeting of, 2334–2337; establishment of, 2326- Saar: Council of Europe, Statute of 2328, 2383; Formosa question, role acceded to by, 1011n; Franco-German of in, 2509–2510; NATO, comparison agreement on, 613 and note; French of with, 936–937; U.S. policy respect- position respecting, 1674. ing, 96, 375–376, 917--923. SACEUR. (See North Atlantic Treaty Soviet Union. (Sée Union of Soviet Organization.) Socialist Republics.) Saint Lawrence Seaway and power Spain: atomic energy, civil uses of, project: construction of, U.S. au- U.S. agreement with, 2883n; military thorization for, 1418–1424, U.S.-Cana- facilities in, agreement for U.S. use dian agreement on, 1424-1427; pre- of, 1696–1698, negotiation of, 1695- liminary negotiations for, 1405, 1406- 1696; mutual defense assistance 1409; Senate consideration of, 1414- agreement with the U.S., 1696n; 1417; Special Cabinet Committee's NATO, question of joining, 841; recommendations concerning, 1413– U.N. membership of, 136n, 335n, 1414. 337; U.S. policy respecting, 1690- Saint Lawrence Seaway Corporation 1695, 1698. Act, 1418-1424. State, Department of: educational San Francisco, U.N. 10th anniversary exchange functions of, 3194-3195; meeting at, U.S. addresses at, 360- International Cooperation Adminis- 370. tration, establishment of in, 3152- San Francisco Conference for the 3155; International Security Affairs, Conclusion of a Japanese Peace Office of established in, 3045-3047; Treaty: treaty and related agree- Mutual Security Program, role of in ments signed at, 425-442; U.S. administration of, 3072-3073, 3087, addresses and statements at, 442- 3088-3090, 3091-3092, 30943095, 462. 3098–3100, 3133–3134, 3147-3148, Saudi Arabia: Afro-Asian Conference 3150–3151, 3152-3154; organization attended by, 2345; Arab League of, chart of, 3222; passport functions pacts ratified by, 1243n, 1249n; of, 3223–3232; personnel system of, Dhahran Airfield, U.S. use of facil- recommendations concerning, 3204- granted by, 2199_2206; 3222; Refugee Relief Program ad- Japanese peace treaty ratified by, ministered by, 3235–3245; U.S. Inter- 438n; U.S. policy respecting, 2171. national. Information Administration Schuman Plan. (See European Coal established in, 3169-3172. and Steel Community.) Stockholm "peace appeal”, 36, 105. SEATO. (See Southeast Asia Treaty Strategic materials: U.K.-U.S. agree- Organization.) ment on allocation of, 1701–1702; Self-government and self-determination U.S. legislation concerning, 3075, (see also Colonialism and United 3101--3105. Nations headings): Afro-Asian Con- Sudan: Afro-Asian Conference attended ference position on, 2348–2349; U.N. by, 2345; condominium in, Egyptian 415900457_Vol. 2 102 1 1 XX SUMMARY INDEX T T abrogation of, 2303—2304; independ-Trade. (See Customs Simplification ence of, Anglo-Egyptian agreement Act, Foreign economic policy, and on 2305n, U.S. statement on, 2304; tariff and trade headings.) Mixed Electoral Commission for, Trade Agreements Extension Act of 2304–2305. 1951, 2888-2892. Suez Canal: Israeli shipping in, Egyptian Trade Agreements Extension Act of restrictions on, 2251-2254; U.K.- 1953, 2893–2898. Egyptian agreement on, 2223-2226, Trade Agreements Extension Act of U.S. statement on, 2226; U.S. Policy 1955, 3022-3026. respecting, 2169–2170, 2176. Trade agreements policy (U.S.), recom- Sweden: Council of Europe, Statute mendations concerning, 2919, 2923- of ratified by, 1011n; EPU member- 2925, 2932–2933, 2949. ship of, 1012; OEEC convention rati- Trade Cooperation, Organization for fied by, 998n; U.N. ECOSOC, mem- (OTC): agreement establishing, 3014- ber of, 149n; U.N. membership of, 3021; U. S. policy respecting, 131, 136n. 2989-2990, 3027. Switzerland: atomic energy, civil uses Trade and Economic Affairs, Joint of, U.S. agreement with, 2883n; Bul- U.S.-Canadian Committee on, 1404, garia, representative of U.S. interests 1405. in, 2091n, 2094n; EPU membership Trieste, Free Territory of: Italian peace of, 1012; OEEC convention ratified treaty provisions governing, 393, 394, by, 998n. 397–399, 406, 408, 410-411, 413; Syria: Afro-Asian Conference attended memorandum of understanding (Italy, by, 2345; Arab League pacts ratified U.K., U.S.) on, 419–422; memoran- by, 1243n, 1249n; Israel, armistice dum of understanding (Italy, U.K., agreement with, 719-724, dispute U.S., Yugoslavia) on, 423-425; Stat- with, 2245; Japanese peace treaty ute of, 424; tripartite (France, U.K., ratified by, 438n; U.N. Security U.S.) consultations on, 1467. Council, non-per nanent member of, Truman, Harry S. (addresses, state- 141n; U.N. Trusteeship Council, ments, correspondence, etc.): For- member of, 155n; U.S. policy respect- mosa, U.S. policy respecting, 2448- ing, 2171. 2449, 2456–2457, 2459-2468; France, U.S. relations with, 1669–1671; Ger- Tachen Islands, 2481-2483, 2490-2491. many, termination of state of war Taiwan. (See Formosa.) with, 1723-1724; Hungary, mass de- Tariff policy (U.S.), recommendations portations in, 2122–2123; Iranian oil concerning, 2919-2925, 2932–2934. controversy, 2264–2265; Japan, peace Tariffs and Trade, General Agreement treaty with, 442-447, termination of on: text of (as amended in 1955), state of war with, 2425–2427; Korea, 2953-3013; contracting parties to, U.S. policy in, 2539–2540, 2550-2551, ninth session of, 2953–2954; Japan, 2552–2560, 2566-2572, 2579-2580, accession of to, 2436, 2445; U.S. 2596, 2608, 2609–2614; Libya, in- policy respecting, 2923, 2933-2934, dependence of, 2302; Near and 3027. Middle East, U.S. policy in, 2167- Technical assistance: Inter-American 2168; NATO, Supreme Coinmander program for, 1316–1326; U.N. pro- for designated by, 1505, 1506, U.S. gram for, 262–265, 387–388; U.S. forces assigned to, 1504; state of the program for (see Mutual Security Union messages of, 1-5, 18–24, 27-32, Program). 40-57; Truth Campaign, 3163–3165; Technical Cooperation Administration: U.S.S.R., U.S. relations with, 1952- establishment and functions of, 3055– 1954, 1989–1991, 2609–2614 (see also 3058, 3142; program of, 3140–3145; state of the Union messages); U. K., transfer of functions of, 3094. relations with, 31–32, 1699–1701; Territorial sea, international regime of, U. S. foreign policy, 25–27, 345–350 302–323, 1346-1355. Thailand: Afro-Asian Conference at- Trust territories. (See United Nations (see also state of the Union messages). tended by, 2345; Colombo Plan, headings). member of, 2339; U.N. membership of, 136n; U.N. Trusteeship. Council, Trust Territory of the Pacific Islands, member of, 155n; U.S. aid to, 2369- 153n, 427n. 2370, 2396. Tunisia: autonomy for, French-Tun- Tourism, efforts to promote, 2020, 2023– isian agreement concerning, 2300n; 2024, 2032, 2927, 2937-2938, 2952. U.N. General Assembly resolution : i 1 SUMMARY INDEX XXI 1 7 f f f bycost respecting, 2299–2300; U.S. policy (see also Geneva Foreign Ministers regarding, 2300. Meeting); Germany, settlement for, Turkey: Afro-Asian Conference attended attitude of toward (see Germany); by, 2345; Baghdad Pact ratified by, Germany, Federal Republic of, rela- 1257n; Balkan Pact ratified by, tions with, 1737 and note; Japan, 1235n; Council of Europe, Statute peace "declaration" with, 439n, peace of acceded to by, 1011n; Cyprus, treaty with, attitude of toward, 449, dispute with Greece concerning, 2276- 451, 464, 465, 471, 480-481, prisoners 2277; EPU membership of, 1012; of war of, policy of respecting, 1944, Japanese peace treaty ratified by, 2059, 2062, 2065-2066, trade with by, 438n; Middle East Command nego- 479-480; Korea, armistice in, attitude tiations, role of in, 2180–2187; North of toward, 2636-2640, 2647, conflict Atlantic Treaty acceded to by, 853– in, involvement of in and responsi- 871, 1614-1615, 2187, protocol to bility for, 2555–2556, 2636-2637, accepted by, 872n; OEÉC convention 2638–2640, 2647, 2663–2665, settle- ratified by, 998n; Pakistan, mutual ment in, attitude of toward (see cooperation agreement with, 1253– Geneva Conference on Indochina and 1256; U.N. ECOSOC, member of, Korea and Korean headings); Middle 149n; U.N. Security Council , non- East Command, objections to by, permanent member of, 141n; U.S. 2185–2187; minorities (ethnic and policy respecting, 859-860, 869-870, religious), persecution of by, 1961– 2173, 2190–2191. 1962; North Atlantic Treaty, adher- ence to proposed by, 1873; Prague Ukrainian Soviet Socialist Republic: Conference of 1950 attended by, U.N. ECOSOC, member of, 149n; 1782n; prisoners of World War II U.N. Security Council, nonpermanent held by, 1729, 1733, 1938-1939, member of, 141n. 1944, 2059, 2060, 2062, 2063–2066; Union of South Africa: Japanese peace treaties and agreements violated treaty ratified by, 438n; racial pol- 1937–1944, 1999–2005; U.N. icies of, U.N. U.N. General Assembly ECOSOC, member of, 149n; U.N. resolutions on, 331, 2307–2309. specialized agencies, membership in, Union of Soviet Socialist Republics 165n; United States, agricultural (U.S.S.R.): Austria, policy of in delegations, exchange of with, 1995- (see also Austria and Austrian State 1997, aircraft of attacked by, 1972– Treaty negotiations), 1769–1776; Aus- 1989, clergymen of, reciprocal priv- trian State Treaty ratified by, 683n; ileges extended to, 1999–2005, friend- Baltic States, subjugation of by, ship of for peoples of, congressional 2086-2091; Berlin, regime of in (see resolution on, 1952-1954, lend-lease Berlin); Berlin Foreign Ministers settlement with, negotiations for, Meeting, role of at, 85-90, 1870-1871 2039–2058, Mutual Security Act of (see also Berlin Foreign Ministers protested by, 1954–1955, trade of Meeting); China, "People's Republic" with, U.S. proclamation on, 1989– of, treaty of alliance with, 2463–2468; 1991, travel restrictions in on citizens disarmament, position of regarding, of, 1955–1956, 1963–1968, travel 1970–1971, 2773, 2778, 2783–2786, restrictions on citizens of in, 2084- 2788-2793, 2846-2850; East-West 2085; Yugoslavia, Yugoslavia, relations with, contacts, attitude of respecting (see U.N. resolution on, 2163–2164, East-West contacts); Eastern Euro- visited by leaders of, 115n. pean Mutual Assistance Treaty (War- United Kingdom (Great Britain): atom- saw Pact) ratified by, 1239n; Egypt, ic energy, civil uses of, U.S. agreement arms shipments to by, 2240-2241; with, 2883n; Austrian State Treaty Formosa, U.S. intervention in charged ratified by, 683n; Austrian State by, 174–175, 2469–2470, 2476–2481; Treaty negotiations, role of in (see Geneva Conference of Heads of Austrian State Treaty negotiations: Government, role of at, 111-114, Western Powers' action on); Baghdad 2015–2018 (see also Geneva Con- Pact-ratified by, 1257n; Berlin Foreign ference of Heads of Government); Ministers Meeting, role of at, 85–90, Geneva Conference on Indochina and 1870-1871 (see also Berlin Foreign Korea, role of at, 785–788, 2397-2398, Ministers Meeting); Bermuda Confer- 2695–2701 (see also Geneva Confer- ence of Heads of Government, role of ence on Indochina and Korea); Gen- at, 1468-1470; Brussels Treaty rati- eva Foreign Ministers Meeting, role fied by, 971n, Paris protocols to rati- of at, 115-122, 1926–1927, 2032-2039 fied by, 975n; Burma, independence i ; 4. www XXII SUMMARY INDEX U U U U of acknowledged by, 34n, 51n, 2312n; by, 34n, 51n, 464n, 2312n; Paris Ceylon, dominion status accorded to (Nine-Power) Conference, role of at, by, 34n, 51n, 464n, 2312n; China, 1492-1493; Southeast Asia, policy of "People's Republic" of, aircraft inci- in, 1704–1705 (see also Geneva Con- dents with, 2522, U.S. interests in ference on Indochina and Korea); represented by, 2522–2523, 2709– Southeast Asia Collective Defense 2710; Colombo Plan, member of, Treaty ratified by, 915n; strategic 2339; Council of Europe, Statute of materials, allocation of, understand- ratified by, 1011n; disarmament, po- ing with U.S. concerning, 1701–1702; sition on (see Disarmament); Egypt, Sudan, agreement with Egypt con- agreements with on Sudan, 2304, on cerning, 2304 and note; Suez Canal the Suez Canal Base, 2223–2226; Base, agreement with Egypt respect- Europe, military commitments to ing, 2223–2226; Trieste, understand- under SACEUR, 620, 1479–1480, ings of regarding, 419–425, 1467; trust 1487–1489; European Defense Com- territories administered by, 153n; munity, association agreement with, U.S.S.R., relations with (see Austrian 1471n; EPU membership of, 1012; State Treaty negotiations, Berlin Geneva Conference of Heads of Gov- Foreign Ministers Meeting, Disarma- ernment, role of at, 111-114, 2015-2018 ment, East-West contacts, Geneva (see also Geneva Conference of Heads conference headings, and Germany); of Government); Geneva Conference United Nations, role of in (see United on Indochina and Korea, role of at, Nations headings); U.N. ECOSOC, 785–787, 1704–1705, 2396–2397, 2692– member of, 149n; U.S. relations with, 2693, 2695-2701 (see also Geneva 1458–1470, 1699-1707 (see also For- Conference on Indochina and Korea); eign Ministers' consultations and Geneva Foreign Ministers Meeting, organizational and subject headings); role of at, 115-122, 1926–1927, 2032- Yugoslavia, consultations and under- 2039 (see also Geneva Foreign Minis- standings with, 423-425, 2165. ters Meeting); Germany, settlement United Nations (see also other United in, position respecting, 1465-1466, Nations headings): armed forces for, 1711, 1756–1757, 1779-1780, 1791, 164, 189-190, 191, 192-193, 194–200; 1794-1795, 1797-1798, 1809-1814, economic development, fund for of, 1819–1821, 1839-1840, 1842-1844, 70, 388; flag of, display of, 301; mem- 1873, 1882, 1883, 1898, 1899, 1900– bership in, 136n, 334-338; personnel 1903, 1905, 1922' (see also Germany); policies of, 274–300; technical assist- Germany, Federal Republic of, occu- program of, 262–265, U.S. pation regime in, termination of, contributions to, 3078, 3118; tenth protocol and related agreements on anniversary of, 359-370; U.S. policy ratified by, 485n, restoration of sov- respecting, 2-3, 11, 16-17, 34, 47-48, ereignty to, position on, 1197–1198, 92–100, 130, 169-186, 324-325, 348, 1458–1462, 1709-1713, 1720-1723, 350-380. 1724-1727 (see also Germany, Federal United Nations Charter: text of, 134- Republic of); India, dominion and re- 161; review of, U.N. General Assem- public of acknowledged by, 34n, 5in, bly' resolution on, 333-334, U.S. 464n, 2312n; Iranian oil controversy, statements on, 323–333, 358–371, role of in, 2261-2262, 2269–2270, 388-390, U.S. Senate consideration of, 2273-2275; Italian peace treaty, in- 819-820, 826-827. terpretation of, joint declaration by United Nations Collective Measures (with France and U.S.), 1680; Japa- Committee: report of, 195–200; U.S. nese peace treaty ratified by, 437n; proposals to, 194–195. Korean Armistice Agreement guaran- United Nations Command. (See teed by, 2662, 2692–2693; London Korea.) (Nine-Power) Conference, role of at, United Nations Commission for Unifica- 1474–1491; Middle East, arms supply tion and Rehabilitation of Korea policy in, joint declaration by (with (UNCURK). (See Korea.) France and U.S.), 2237; Middle East | United Nations Commission on Human Command negotiations, role of in, Rights: covenants drafted by, 204 2180-2182, 2183–2185; North Atlantic 227; U.S. proposals to, 227–239. Treaty ratified by, 814n, protocols to United Nations Commission on Korea, accepted by, 854n, 872n; NATO, role 2537–2538, 2572–2575. of in, 1594-1660' (see also NATO); United Nations Commission (Ad Hoc) OEEC convention ratified by, 998n; on Prisoners of War, report of, 269- Pakistan, dominion status accorded to 271. ance ܚܺܝܤܚܫܫܝܙܶܝܰܫܫ ܝܝܿܢ « ܝܝܰܫܳܫܝܺܠܝ̈ܫܐܫܚܫܚܚܒܗܬ݁ܬ݁ܐܪܒܪܬܙ SUMMARY INDEX XX : C United Nations Commission to Investi- slavia, hostile activities of U.S.S.R. gate Conditions for Free Elections in against, 2163-2164. Germany: establishment of, 1795– United Nations International Law Com- 1797; reports of, 1798-1809, 1814- mission, sixth session of, report on, 1819. 302-321. United Nations Conciliation Commis- United Nations Korean Reconstruction sion for Palestine, 2244–2245. Agency. (See Korea.) United Nations Economic and Social United Nations Representative for Council: membership of, 149n; reso- India and Pakistan, fifth report of, lution of, 266-267. 2286-2294. United Nations General Assembly: United Nations Secretary-General: rules of procedure of, amendment of, reports, letters, etc. by on: For- 188, 190-191; mosa question, invitation to “People's resolutions of on: Algeria, 2302; Republic of China to attend Security atomic energy, 2823–2824, 2837–2841; Council meetings on, 2490; Korean Austria, peace settlement for, 1834– prisoners of war, Communist deten- 1835; Burma, Chinese forces in, 2353; tion of, 2713–2714; twenty-year pro- charter review, 333–334; China, rep- gram for achieving peace, 162–167; resentation of, 338-340, 341; China, U.N. personnel policies, 274–292; "People's Republic of, aggression by reports, letters, etc. to on: Austrian in Korea, 2608-2609, strategic em- State Treaty negotiations, 1877-1881; bargo against, 2614-2615; collective Formosa, Communist charges of U.S. measures, 187-192; Cyprus, 2277; dis- aggression in, 2476-2480; Katyn armament, 2768-2769, 2796–2798, massacre, 2143-2144; Korea, armistice 2851-2853; Disarmament Commis- negotiations respecting, 2627-2636, sion, U.N., establishment of, 2748- Communist attack on, 2537-2538, 2750; Ethiopia and Eritrea, federation 2572–2575, Geneva Conference on, of, 2305-2306; forced labor, 267–268; 2695–2701, prisoners of war of, Com- Germany, free elections in, 1795– munist detention of, 2710-2711, Uni- 1797; human rights, 244-246; human fied Command in, additional forces rights clauses of treaties of peace with for, 2626; prisoners of World War Bulgaria, Hungary, and Rumania, II, 269–271, 2065-2066; territorial sea, 2080-2081; Jerusalem, international regime of, 321-323; U.S.S.R., attacks regime for, 2254; Korea, armistice by on U.N. aircraft, 2664–2665, agreement in, 2643–2644, cease-fire bomber of shot down by U.S., 2663– group in, 2594–2595, Geneva Confer- 2664; U.S. armed forces, use of by ence on, results of, 2701, germ warfare U.N., 192–193; world calendar reform, in, investigation of, 2669-2670, polit- 301-302. ical conference on, 2676-2678, politi- United Nations Security Council: mem- cal settlement in, 2702, prisoners-of- bership of, 141n; war problem in, 2651-2654, 2711- resolutions by on: Gaza Strip, 2712, U. N. Commission for Unifica- attacks in, 2247-2248; Korea, Unified tion and Rehabilitation of, 2576-2578, Command in, 2550, 2565–2566, U.N. U.N. forces in, tribute to, 2663, U.N. assistance for, 2540-2541, withdrawal Reconstruction Agency for, 2585– of North Korean forces from, 2538- 2593; Korea, "People's Democratic 2539; Qibya incident, 2246–2247; Republic" of, strategic embargo Suez Canal, Egyptian restrictions on against, 2614–2615; Morocco, 2298; Israeli shipping in, 2251-2252; Syrian- non-self-governing territories, 247– Israeli Mixed Armistice Commission, 261; Palestine, U.N. Conciliation authority of, 2241–2244; Syrian- Commission for, mandate of, 2244- Israeli water diversion dispute, 2245; 2245; Palestine refugees, 2257-2261; U.N. Truce Supervision Organization, peace through deeds, 168-169; pris- authority of, 2241-2244, 2248, 2249– oners of World War II, 271-272; 2250. twenty-year program for achieving United Nations Truce Supervision Or- peace, 167-168; Tunisia, 2299-2300; ganization, 2241-2244, 2248–2250. Union of South Africa, apartheid poli- United Nations Trusteeship Council, cies in, 2308-2309, treatment of peo- members of, 155n. ple of Indian origin in, 2307-2308; United States Congress, laws enacted U.N. membership, 334-337; U.N. by: Agricultural Trade Development personnel policies, 292–293, 298–300; Assistance Act of 1954, as amended uniting for peace, 187–192; Yugo- in 1955, 2941-2947; Atomic Energy i Ali XXIV SUMMARY INDEX Act of 1954, 2861–2877; Customs U.S. forces assigned to, 1526–1528; Simplification Act of 1953, 2898; De- Philippines, mutual defense treaty partment of State Appropriation Act with, 876–877; Rio Treaty, 800-812; of 1953, 341; Far Eastern Assistance Rumania, treaty of peace with, 404– Act of 1950, 2532–2533; Foreign 419; Southeast Asia Collective De- Service Act of 1946, 3204; Formosa, fense Treaty, 929–945; U.S.S.R., use of U.S. forces to protect, 2486- persecution of religious and ethnic 2487; Immigration and Nationality minorities by, 1961-1962. Act of 1952, 3232; India, emergency Uruguay: Japanese peace treaty ratified food aid to, 2227–2229; International by, 438n; Rio Treaty ratified by, Development, Act for, 3047–3054; siin; U.N. ECOSOC, member of, international organizations, U.S. con- 149n. tributions to, 272–273; Mutual De- fense Assistance Act of 1949, amend- Venezuela: atomic energy, civil uses of, ment of 1950 to, 3039–3042; Mutual U.S. agreement with, 2883n; Japanese Defense Assistance Control Act of peace treaty ratified by, 438n; Rio 1951, 3101-3105; Mutual Security Act Treaty ratified by, 811n; U.N. of 1951, as amended in 1952 and 1953, ECOSOC, member of, 149n. 3059–3086; Mutual Security Act of Viet-Nam, “Democratic Republic" of: 1954, as amended in 1955, 3105–3140; Afro-Asian Conference attended by, Palestine Refugee Aid Act of 1950, 2345. 2256–2257; Refugee Relief Act of Viet-Nam, State of: Afro-Asian Confer- 1953, as amended in 1954, 3235-3243; ence attended by, 2345; armistice Saint Lawrence Seaway Corporation agreements respecting, 750–767; Co- Act, 1418–1424; Trade Agreements lombo Plan, member of, 2339; inde- Extension Acts of 1951, 1953, and pendence of in French Union, 51n, 74; 1955, 2888–2892, 2893-2898, 3022– Japanese peace treaty ratified by, 3026; United Nations Flag, display 438n; recognition of by U.S., 2363- of, 301. 2364, 2404–2405; reunification of, United States House of Representa- conditions for, 2404; U. S. aid program tives: resolutions and reports of on: for, 2401–2403; U. S. refugee aid to, China, U.S. policy in, 2456-2463; 2398–2400. China, "People's Republic" of, ag- Vogeler case. (See Hungary.) gression in Korea by, 2602; Oatis Voice of America (VOA), programs of case, 2106; Soviet people, American objected to by Czechoslovakia, 2099, friendship for, 1952–1954; U.N., 10th 2101. anniversary of, 359–360. United States Senate: resolutions and | Warsaw Pact, text of, 1239–1242. reports of on: ANZUS Treaty, 882- Washington, Declaration of, 1292–1293. 885; Austrian State Treaty, 682-697; West Irian (West New Guinea), Nether- Bulgaria, peace treaty with, 404–419; lands-Indonesian dispute over, 2350n. Caracas Declaration, 1302; China, Western European Union: protocols to "People's Republic" of, aggression in Brussels Treaty establishing, 972–989, Korea by, 2602, U.N. representation ratifications of, 975n, U.S. Senate of, 340; China, Republic of, mutual consideration of, 619-620, 633–634; defense treaty with, 957–965; dis- Armaments, Agency for Control of armament, 2794–2795; Germany, Fed- under, 621, 634, 974, 984–989, 1477, eral Republic of, restoration of sov- 1502–1503; Council of, creation and ereignty to, 1732, termination of functions of, 619, 633, 974; EDC, occupation regime in, protocol and comparison of with, 633-634; forces related conventions on, 627-643; of members of, 620, 634, 977–979, 991; Germany, Soviet Zone of, friendship U.S. policy respecting, 989–991. for people of, 1749–1750; Gold Coast, Wheat Agreement, International, U.S. self-government for, 2306; Hungary, views of shortcomings of, 2014, 2915. treaty of peace with, 404-419; Italy, World Health Organization (WHO), treaty of peace with, 404–419; Japan, U.S. contributions to, 3128. peace treaty with, 463–483, security treaty with, 893-896; Korea, mutual Yemen: Afro-Asian Conference attended defense treaty with, 902–912; Nigeria, þy, 2345; Arab League pacts ratified self-government for, 2306; North by, 1243n, 1249n; Ŭ.N. membership Atlantic Treaty, 825-852, protocols of, 136n. to, 864-871; NATO, Status of Forces Yugoslavia: Austrian State Treaty and related agreements, 1561-1582, acceded to by, 672n; Balkan Pact J 1 t Le montant des animation materials wer: SUMMARY INDEX XXV agreements ratified by, 1235n; eco- nomic relations with U.S., 2164; mutual defense assistance agreement with U.S., 2160-2163; Trieste settle- ment with (see Trieste); U.S.S.R., hostile activities of against, U.N. resolution on, 2163–2164, visit of leaders of to, 115n; U.N. ECOSOC, member of, 149n; U.N. Security Council, nonpermanent member of, 141n; U.S. relations with, communi- qué on, 2165-2166; Western Powers (Francé, U.K., U.S.), consultations with, communiqué on, 2165. с . U. S. GOVERNMENT PRINTING OFFICE: 1957 ندهد شننه: من سنة عدن من منم < THE UNIVERSITY OF MICHIGAN GRADUATE LIBRARY DATE DUE # DEC-137976 NOV 2 2 1976 4 1979378 NOY DEC MAR 1 4 1987 FEB. 27-1957 Atte-1 1990 OCT 18 1300 Form 9584 UNIVERSITY OF MICHIGAN 3 9015 01136 8118 DO NOT REMOVE OR MUTILATE CARDS